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How Lawyers Are Using Technology In 2016

Stacked3Here is this week's Daily Record column. My past Daily Record articles can be accessed here.

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How Lawyers Are Using Technology In 2016

Every year the International Legal Technology Association releases the ILTA/InsideLegal Technology Purchasing Survey. This year’s survey results were released a few weeks ago at the ILTA conference.

According to the survey results, technology is on every lawyer's mind these days, regardless of the size of their law firm. For example, the results show that one of the top priorities for firms of all sizes in 2016 is choosing and implementing legal technology and software into their law firms, with 53% of respondents indicating that their firms would be increasing their technology spend in 2016, up from 41% last year.

For solo and small firm attorneys, incorporating technology into their firms in 2016 was a big focus. In fact, 39% of small firm lawyers reported that they planned to increase spending on technology in 2016. And cloud computing software was at the top of their technology to-do list. According to the report, small law firms were "the most aggressive regarding cloud adoption," with 61% of of small firm lawyers indicating that more than 51% of their firm's software/service offerings would be cloud-based within the next 1-3 years.

And it’s not just small firm lawyers who are embracing cloud computing. According to the survey results, cloud computing is one of the hottest topics in legal IT with firms of all sizes moving to the cloud. Some firms are doing this on an application-by-application basis while others have taken a decidedly ‘cloud first’ approach. As described the report: “More firms are moving to a ‘cloud-first’ approach and investing in technologies such as analytics, AI, virtualization, mobility solutions and other SaaS applications, turning increased productivity, efficiency and automation into profits.”

The reason cloud computing software is so popular with lawyers in 2016 is because of its many benefits. According to the survey results, the tops reasons firms were moving to the cloud included the versatility and mobility of cloud solutions (62%), flexibility (53%), overall efficiencies and cost savings (34%), and security (25%). For 43% of medium-sized firms, one of the top benefits of cloud computing that was cited was that it offered business continuity, flexibility, and mobility.

One popular category of cloud computing for law firms of all sizes was cloud storage, with 34% of those surveyed reporting that they had purchased cloud storage for their law firm within the last 12 months. And, 25% planned to invest in a cloud storage solution over the next 12 months (compared to just 16% in 2015).

Case management software was another major area of future investment for the firms surveyed, with 12% reporting that their firms had purchased case management software within past 12 months and 10% planned to invest in case management software over the next 12 months (compared to 8% in 2015).

So for 2016 and beyond, all signs point to a more proactive and positive approach to technology. Law firms are focused on incorporating new technology tools into their practices in order to increase efficiency and provide the best client service possible. Whether it's cloud computing, case management, or even AI, there are lots of exciting new tools available to help streamline law firm processes and increase productivity. Which ones will your firm be using?

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, intuitive web-based law practice management software for the modern law firm. She is also the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a West-Thomson treatise. She is the founder of lawtechTalk.com and speaks regularly at conferences regarding the intersection of law and technology. She publishes four legal blogs and can be reached at niki@mycase.com.


Snapchat for Litigators

Stacked3Here is this week's Daily Record column. My past Daily Record articles can be accessed here.

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Snapchat for Litigators

Snapchat: it’s not just for kids anymore. Snapchat has grown quickly since its launch in 2012 and now has more active users than Twitter, coming in at more than 150 million each day. That’s why lawyers, especially litigators, need to familiarize themselves with this social media platform since it could potentially provide valuable evidence in your next case.

If you’re not already familiar with Snapchat,t he app allows people to send photos and videos to others, but the pictures self destruct within seconds of being viewed. Users can chat in the app and add filters or doodles to their photos to make them more entertaining.

So why should Snapchat matter to lawyers? Because as people interact on Snapchat, they leave a trail of digital evidence that could be relevant to your client’s litigation matters. And this isn’t simply supposition. Snapchat has already reared its ugly head in court, in both civil and criminal matters, on many occasions.

For example, in California, a minor was placed on probation following a hearing on a juvenile delinquency petition wherein it was alleged that he violated Penal Code s. 647(j)(1) by engaging in the unauthorized invasion of privacy by disseminating Snapchat videos of another youth who was allegedly masturbating in a bathroom stall. (See, In re M.H., 205 Cal. Rptr. 3d 1 (Ct. App. 2016).

In another case, two Salem, Massachusetts teenagers were convicted following a jury trial of sexually assaulting a 16-year old girl who was intoxicated and then sending Snapchat videos of the assault to their friends. Although the videos had been automatically deleted from the recipients’ phones seconds after they’d been viewed, screenshots were taken by one of the witnesses before the deletion occurred. Those screenshots were later used as evidence at trial.

Snapchat evidence has also proven useful in civil litigation matters. One particular Snapchat feature is cropping up often in personal injury litigation: the “speed filter” feature. This feature, if activated, tracks how fast someone is traveling when a photo is taken and sent to others via Snapchat.

For example, one case in which this feature is taking center stage is in a lawsuit filed in April 2016 in Georgia against Snapchat by a man who was involved in a motor vehicle accident in which he was severely injured. He alleged that the other driver was traveling more than 100 mph and was using Snapchat, and its speed filter feature, immediately before the accident occurred. According to his attorneys, the lawsuit was filed against Snapchat since they believed that the other driver had an insurance policy with very low limits. However, had the lawsuit also been filed against the other driver, the alleged Snapchat speed filter evidence would no doubt have been useful to establish the speed at which she was driving at the time of the accident.

In other words, whether it’s a civil or criminal matter, this increasingly popular social media app has the potential to affect your litigation cases. That’s why it’s important to both understand how this social media app works and how to obtain data relevant to your case from Snapchat. The good news is that Snapchat has published a Law Enforcement Guide (online: https://www.snapchat.com/static_files/lawenforcement.pdf) that covers the ins and outs of requesting data from Snapchat, whether made pursuant to a subpoena, court order, or search warrant. The types of data that can be obtained via these means includes text-based chat conversations, since these are not automatically deleted after being viewed, and photos of videos sent via Snapchat that have not yet been opened and viewed.

So, the bottom line is that if you’re a litigator, Snapchat should definitely be on your radar. Learn about it and don’t overlook it as a potential source of evidence. In some cases, it could very well be a goldmine, providing a crucial piece of evidence that just might make your client’s case.

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, intuitive web-based law practice management software for the modern law firm. She is also the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a West-Thomson treatise. She is the founder of lawtechTalk.com and speaks regularly at conferences regarding the intersection of law and technology. She publishes four legal blogs and can be reached at niki@mycase.com.