This document discusses how law firms can future proof themselves through disaster planning and remote work capabilities. It emphasizes that lawyers have an ethical obligation to plan for business continuity and maintain communication with clients. This includes having remote access to client files and data, implementing secure communication technologies, and developing policies for working remotely. The document also provides guidance on reopening law offices safely, such as creating a reopening committee, developing health and safety protocols, and configuring the office space to protect employees and clients.

1. Presented by
Future Proofing Your Law Firm

2. Whether you're working
from the office, home, or
somewhere in between,
MyCase law practice
management software
keeps your business
running smoothly with
everything you need in
one, central location.

3. FUTURE-PROOFING
YOUR LAW FIRM

4. Nicole Black
Legal Technology Evangelist
at MyCase
Author:
Cloud Computing for Lawyers
(ABA 2012)
Social Media for Lawyers (ABA
2010)
Criminal Law in New York
(Thomson Reuters 2009) 4

5. Why it matters
1.
FUTURE-PROOFING
YOUR LAW FIRM:

6. 6
“Lawyers must be prepared to deal with disasters.
Foremost among a lawyer’s ethical
obligations are those to existing clients, particularly in
maintaining communication. Lawyers must
also protect documents, funds, and other property the
lawyer is holding for clients or third parties.”

7. Disaster planning

8. Business continuity planning

9. Ethical Guidance
2.
FUTURE-PROOFING
YOUR LAW FIRM:

10. Pennsylvania Op.
2020-300
The ethics of remote
working
BAR ASSOCIATION GUIDES
ABA Op. 482
The ethics of disaster
planning

11. ETHICAL
GUIDANCE
ABA Op. 482
on the ethics of disaster planning

12. ➜ Lawyers have an ethical obligation to
plan for business continuity
➜ Lawyers must be able to
communicate securely with clients no
matter what
➜ Lawyers need to preemptively
implement the necessary technology
PA BAR FORMAL OP. 2020-300

13. 13
“Lawyers have an ethical obligation to implement
reasonable measures to safeguard property and funds
they hold for clients or third parties, prepare for
business interruption, and keep clients informed about
how to contact the lawyers (or their successor
counsel).”

14. 14
“To be able to reach clients following a disaster,
lawyers should maintain, or be able to create on short
notice, electronic or paper lists of current clients and
their contact information. This information should be
stored in a manner that is easily accessible.”

15. ETHICAL
GUIDANCE
PA Bar Formal Opinion 2020-300
on the ethics of working remotely

16. ➜ It is ethical to use cloud computing
➜ Adopted ABA Op. 477 analysis re:
secure communications
➜ Secure client portal option
PA BAR FORMAL OP. 2020-300

17. 17
“(A) lawyer’s duty of competency...includes a lawyer’s ability to
reliably access and provide information relevant to a client’s case
when needed…’ When forced to work remotely, attorneys remain
obligated to take reasonable precautions so that they are able to
access client data and provide information to the client or to
others, such as courts or opposing counsel.”

18. Reopen with the future in
mind
3.
FUTURE-PROOFING
YOUR LAW FIRM:

19. 3 AREAS OF FOCUS
Employee
Safety
Client
Safety
The Office
19

20. The Reopening Committee will be responsible for
establishing the schedule for the return to work and
the processes that will be put in place to ensure the
safety of your employees and legal clients
20
CREATE A REOPENING COMMITTEE

21. ➜ Monitor oversight of the re-opening plan and
implementation
➜ Develop and update, as needed, internal
policies and procedures for the transition from
remote work to the workplace
➜ Communicate with legal and support staff with
one voice regarding the transition process, set
forth clear expectations and offer firm-wide
training, as needed
PRIMARY RESPONSIBILITIES

22. ➜ Field questions or concerns
➜ Become familiar with federal and state statutes
and programs governing office safety and
human resource issues
➜ Develop an employee testing plan for testing
employees for the virus
➜ Develop client and visitor policies
PRIMARY RESPONSIBILITIES

23. CREATE WRITTEN PROTOCOLS
➜ Recommendations or
requirements for face masks
for employees and clients
➜ Procedures regarding any
daily health assessments for
employees
➜ Processes to ensure
employees are maintaining
good hygiene, regularly

24. PREPARE THE OFFICE
Develop guest and
visitors policies
Limit and restrict access to
the office as deemed
necessary by non-
employees
Establish office cleaning
and sanitizing
procedures
Establish cleaning
schedules and procedures
Manage public access to
the workplace
Limit physical access to
certain areas of the office
Install protective shields
and barriers
Revamp the physical
office space to protect
employees and clients
Implement visitor health
procedures
Establish health
procedures such as
temperature checks and
use of hand sanitizer and
masks
Post signs around the
workplace
Install relevant signs
around the office

25. ENSURE EMPLOYEE (AND CLIENT) SAFETY
Decide who returns to
the office
Prioritize remote work and
use necessary technology
Stagger schedules and
avoid sharing
Take measures to
minimize employee
interaction
Provide masks and
other PPE
Ensure necessary PPE,
masks, and hand sanitizer
are readily available to
employees and clients
Communicate what
employees should
expect
Educate staff on new
procedures and ensure
open lines of
communication
Implement health
procedures
Create and communicate
health procedures and
leave options available to
employees affected by
COVID-19
Provide leave as
required by law
Become familiar with new
leave laws and ensure
your firm is in compliance

26. Choose the right
technology
4.
FUTURE-PROOFING
YOUR LAW FIRM:

27. Choose the right technology for remote work

28. 3 KEY TYPES OF REMOTE TECHNOLOGY
Securely
transact
Easily
communicate
Conveniently
access firm
data
online
28

29. ➜ Secure,
centralized
online
storage of
client data
➜ Permission-
based
access to
firm data
➜ Ability to
share and
collaborate
on client
data stored
online
Online Access to Firm Data
29

30. Securely Transact
● Virtual notarization
● Online intake
● Online invoicing
● Online payments
● e-Signature

31. ● Secure client portals
● Secure collaboration
● Videoconferencing
● Texting
● VOIP
● Online Fax
Communicate With Ease
31

32. QUESTIONS?
32

33. Thanks!
Nicole Black
Legal Technology Evangelist
MyCase.com | Law Practice
Management Software
@nikiblack & @MyCaseInc on Twitter
33