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Mobile Practice Management
The document outlines best practices for mobile security in law firms, highlighting the increasing prevalence of mobile devices among lawyers and the associated risks. Essential security measures include password protection, regular backups, and using cloud services to store client data. It emphasizes the importance of lawyers staying informed about technology and maintaining confidentiality in client representations.
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Mobile Practice Management
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- 3. Agenda 1. Best practicesfor mobile security 2. Using a mobile device in your law practice 3. Applying best practices to Clio for iPhone 4. Questions
- 4. Best Practices for MobileSecurity Joshua Lenon Clio #ClioWeb
- 5. Rise of MobileComputing • Computers now account for only 20.2% of computing device sales • Tablets are 14.6% • Expected to exceed computer sales in 2015 • Cellphones account for 65% of all device sales Photo by emma.marie on Flickr under Creative Commons License Source: Financial Times, “Tablet sales to overtake PCs,” 09/12/2013
- 6. Source: International DataCorporation, “Tablet Shipments Forecast to Top Tota Shipments in the Fourth Quarter of 2013 and Annually by 2015, According to ID 09/11/2013
- 7. Mobile Computing inLaw Firms • 88% of lawyers have access to a smartphone • 77% of lawyers have used a smartphone for law-related tasks • 52% of lawyers have access to a tablet • 83% of firms allow personal mobile devices to access firm’s network • 25% of firms do not know if they have ever experienced a security breach Photo by ABC Archive on Flickr under Creative Commons License Source: 2013 ABA Legal Technology Survey Report
- 8. Risks of MobileComputing • Loss of Device • 1/3 of robberies involves the theft of a mobile phone • 142,708 smartphones were reported lost in 2011 • Accidental damage is 10 x more common than loss or theft Photo by The Other Dan on Flickr under Creative Commons License Sources: NBC News, McAfee, & SquareTrade
- 9. Risks of MobileComputing • Device Confiscation • U.S. Border Guards can seize & search devices with “reasonable suspicion” - United States v. Cotterman, 709 F.3d 952 (9th Cir., 2013) • Police can search cell phones that lack password protection - R. v. Fearon, 2013 ONCA 106 (CanLII) • Person has a high expectation of privacy in a cell phone's contents - Smallwood v. State (Fla., 2013) Photo by Joseph Kranak on Flickr under Creative Commons License
- 10. Consequences • Unauthorized accessto client information • Inability to act with diligence and promptness Photo by Matt Hurst on Flickr under Creative Commons License
- 11. Security Procedures • Passwordprotect your device • Back up your device regularly • Register with device location services • Store data in Cloud services
- 12. Using a mobile devicein your law practice Jeff Richardson iPhoneJD #ClioWeb
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- 17. Wacom Bamboo Stylusduo Adonit Jot Pro
- 19. Reviewing MS Office Documents Pages Documentsto Go Office² HD Quickoffice Polaris Office
- 21. Reading & AnnotatingPDFs PDFpen GoodReader iAnnotate
- 22. Syncing and Confidentiality ABAModel Rule 1.6(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. Comment 8 to ABA Model Rule 1.1 To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.
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- 27. Applying Best Practices to Cliofor iPhone Joshua Lenon Clio #ClioWeb
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- 38. Security Procedures • Passwordprotect your device • Back up your device regularly • Register with device location services • Store data in Cloud services
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Editor's Notes
- #3 This is GoToWebinar, the product we are using for this webinar, you will notice that there is a Questions box on the bottom right of your panel where you can enter in questions as we go through the webinar. I will go back and answer them at the end. You can raise your hand which looks like a hand icon with an up arrow underneath. If you are having technical difficulties, meaning you cannot see my mouse moving around the screen or you can’t hear me, please click on this and then type into the questions panel exactly the problem you are having so we can address it as quickly as possible.Remember, we will be addresses questions sent at the end of this presentation. So please don’t feel bad if your question isn’t answered immediately.There are three questions that everyone asks during these presentations. I’ll try to address them here.First, this presentation will be about one hour in length.Second, we will be sending you copies of the slides and proof of CLE accreditation for the states that already approved this talk for CLE. These will arrive in your email either later today or tomorrow.Lastly, we will be providing a recording of this presentation to every attendee through email. Don’t feel like you have to copy everything down. We’ll send it to you.There will also be a blog post with every website and tool discussed today linked on goClio.com to help you find everything we talked about.
- #6 The last 6 years have seen a rise in mobile computing beyond anyone’s imaginations.We are shifting our information storage and access from large boxes that sit on our desks, to sleek devices in the palms of our hands.We can see this shift when examining sales of computing devices for last year.Cellphones now account for 65% of all computing devices sold.Tablets, after being available for only a few years, now almost tie sales of computers and will soon outpace computers in 2015.
- #7 Further research shows more and more drops in sales of computers and a continual rise in mobile devices.By 2017, mobile devices will account for over 85% of all new computing devices.The future of computing will be mobile.
- #8 Apple iPhone (73%, compared with 62% in 2012) was cited most often as the phone used by lawyers.Of the firms that allow access to the firm’s information, 49% allow access with restrictions and/or pre-approval and 34% allow access without restrictions.Of those same respondents, 25% do not know if they have ever experienced a security breach, defined as a “lost/stolen computer or smartphone, hacker, break-in, website exploit.” So, what are the risks of mobile computing?
- #9 The most common risk associated with mobile computing is the loss of the device.[Read STATS]This means, that at some point, a lawyer’s mobile device will either be stolen, inaccessible, or inoperable. Lawyers should plan on this being the case when it comes to using a mobile device in practice.Sources:NBC News, “New efforts to curb nationwide cellphone theft epidemic,” 05/05/2013McAfee, “The Lost Smartphone Problem,” 10/2011PCMag, “Infographic: Smartphone Damage 101,” 04/20/2013
- #10 But lawyers should also be wary of additional risks when it comes to mobile devices. More and more scrutiny is being placed on these devices by legal authorities.For example, security officials and police officers have been going through mobile devices as a part of routine operations. In case you think this only happens in the U.S., the second case listed is from Canada.In all of these searches, no warrant was required.There was a similar ruling by the California Supreme Court in 2011 supporting cell phone searches, but the opposite of Florida Supreme Court ruling in May of 2013.Lower courts relied on a case styled United States v. Robinson. In that case, the U.S. Supreme Court ruled it was legal for officers to search a crumpled up cigarette packet that contained heroin.“In our view, attempting to correlate a crumpled package of cigarettes to the cell phones of today is like comparing a one-cell organism to a human being,” read the opinion. It continues, “…because a person has a high expectation of privacy in a cell phone's contents, police must then obtain a warrant before intruding into the phone's contents.”So, competing legal standards exist on whether authorities, can search cellphones. Lawyers should be aware of these potential risks when using mobile computing.
- #11 The first risk is a ethical violation of Rule 1.6 of the Model Rules of Professional Conduct (MPRC). Rule 1.6 states that a lawyer should make “reasonable efforts” to prevent unauthorized access to client data. This does not mean that lawyers cannot use mobile computing, but should take reasonable efforts to secure that data against inadvertent disclosure, whether through loss or confiscation of the device.The second risk is a violation of Rule 1.3 of the MRPC. Rule 1.3 requires diligence on behalf of the attorney towards the client. If you lose all the data associated with your client’s file, you cannot be very diligent on their behalf.So, how do you avoid the risks and consequences that can occur with mobile pracitce?
- #12 First, you should always password protect your device. It may be a bit inconvenient to type in a password every time you need to use your phone, but it is the simplest step to securing your device.Second, back up your device regularly. Most devices allow you to back up your data either to a local computer or to Cloud service. Back up often, and be sure to encrypt your backup if that is an option.Next, register your device with location servies. For example, Apple offers Find-My-iPhone as a free service to help track down lost devices.Lastly, do not store sensitive data on your phone. Instead, use the phone as a portal to your data that is stored on the Cloud. That way, even if your device is lost, stole, or confiscated, you always have access to your data through other devices.
- #14 Jeff Richardson is a partner in the New Orleans office of Adams and Reese LLP. His practice areas include appellate litigation, complex litigation, and class action litigation. Jeff publishes iPhone J.D., the oldest and largest website for attorneys who use the iPhone and iPad. He received a B.A. with highest honors from Emory University, and a J.D. with high honors from Georgetown University Law Center.
- #28 Lastly, we would like to show you some examples of how Clio is including these best practices into the our new Clio for iPhone App.These are some small features that help make your practice more secure.
- #29 The first step is something small, but crucial.Clio for iPhone let’s you hide the visibility of your password.Normally, you can see your password, like the Password typed into the home screen here.But, if you are worried about someone looking into over your should when you type in your password, simply click the word, ‘Hide’[NEXT SLIDE]
- #30 And your password will appear as a series of dots, hiding the password from prying eyes.
- #31 Clio for iPhone also prompts you to set an extra password on your mobile device.This extra password is a PIN, that you can require every time you leave the app.
- #32 The pin allows you to stay logged-in to Clio on your mobile device, but keeps your client’s data away from prying eyes that borrow your phone.
- #33 Clio also makes it easy to securely access your data without downloading it to you phone.Let’s look at client contact information, for example.
- #34 In Clio for iPhone, you can access both contact data stored on your phone and contact data stored in Clio. Both sets allow you to call, text, and email your clients. But, you can choose to leave your client’s information only on Clio, keeping it from mingling with your personal contacts and being stored on the phone itself.
- #35 The same holds true for every bit of practice data in Clio. You can access it over the phone without having to download and store it locally.
- #36 For example, you can see and review documents in Clio.
- #37 Even read the full document through a preview, without having to worry about the data being accessible if you lose or can’t access your phone.
- #39 First, you should always password protect your device. It may be a bit inconvenient to type in a password every time you need to use your phone, but it is the simplest step to securing your device.Second, back up your device regularly. Most devices allow you to back up your data either to a local computer or to Cloud service. Back up often, and be sure to encrypt your backup if that is an option.Next, register your device with location servies. For example, Apple offers Find-My-iPhone as a free service to help track down lost devices.Lastly, do not store sensitive data on your phone. Instead, use the phone as a portal to your data that is stored on the Cloud. That way, even if your device is lost, stole, or confiscated, you always have access to your data through other devices.