Sui Generis--a New York law blog

Round Up: Artificial Intelligence, Virtual Conferences, Surveys and More

I often write articles and blog posts for other outlets and am going to post a round up here from time to time (but won't include my weekly Daily Record articles in the round up since I re-publish them to this blog in full). Here are my posts and articles published from October:

• How to make better decisions with litigation analytics software - ABA Journal (October 2020)
• A Virtual Legal Conference Success: Lawyer Mom Owner Virtual Summit 2020  - Above the Law (October 2020)
• The Ethics Of Secure Communication During The Pandemic And Beyond - Above the Law (October 2020)
• Virtual Legal Conferences: Can You Really ‘Connect’ Online? - Above the Law (November 2020)
• Survey Results: Lawyer Demographics in 2020 - MyCase Blog (October 2020)
• Survey Results: Lawyers and Legal Technology in 2020  - MyCase Blog  (October 2020)
• Survey Results: 2020 Lawyer Well-Being Statistics - MyCase Blog (October 2020)
• ABA Survey Results: Lawyers and Cloud Computing in 2020  - MyCase Blog (October 2020)

Law firms and technology post-COVID: The latest statistics

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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Law firms and technology post-COVID: The latest statistics

It’s hard to believe that the pandemic has been with us for nearly 6 months now, and will likely be around for months - or even years - to come. While it’s hard to predict when the pandemic will end, one thing is for sure: COVID-19 has changed many aspects of our culture, from when and how we interact with others to how we conduct business. Many of those changes will undoubtedly be permanent.

The legal profession has not been immune from its impact. The pandemic has drastically altered the ways in which lawyers work. For example, lawyers have become increasingly reliant on remote working technologies to get the job done. Virtual meetings and court appearances have become the norm, lawyers are storing and accessing data in the cloud at rates never before seen, and many indicate that their firms are planning to invest in new software to ensure that employees can work remotely no matter what happens.

Of course, don’t take my word on it. Let’s take a look at cold, hard statistics to see what lawyers have to say about how COVID-19 has and will affect their firms. The statistics we’ll be looking at today are from the latest Legal Technology Survey conducted by the International Legal Technology Association (ILTA). While the survey has not yet been officially released, some results from this annual survey were shared on social media by attendees of a virtual session held during ILTA’s annual legal technology conference last month.

This year’s survey results were based on responses of attorneys from firms of all sizes. 31% were from firms with less than 50 lawyers, 37% were from firms with 50 - 149 lawyers, 18% were from firms with 150 - 349 lawyers, 8% were from firms with 350 - 699 lawyers, and 7% were from firms with more than 700 lawyers.

As reported by attendees, there were lots of interesting findings gleaned from the survey regarding how law firms are operating during the pandemic. For example, according to the survey results, more firms than ever are relying on cloud computing software to run their firms. 35% of survey respondents shared that their firms continued to move to the cloud with every software upgrade. Nearly 35% indicated that their firms were considering a move to the cloud, and more than 20% of firms were already mostly using cloud computing software. Only a little over 10% indicated that their firms were still uncomfortable with the idea of cloud-based software.

The survey results showed that the types of cloud-based software used by firms runs the gamut. The most popular was cloud-based email, with 50% of lawyers reporting that their firms used it. Other notable types of cloud computing software used by firms included: 1) document management (37%), 2) time and billing (23%), and 3) case and practice management (15%).

Another interesting set of statistics shared related to how the pandemic affected the future plans of law firms. Survey respondents were asked what their firms planned to continue to do differently once work-from-home mandates were lifted. 45% reported that their firms would continue to permit more work-from-home options, and 13% planned to provide more laptops to employees. Other notable responses that appeared to be driven by the need to ensure the ability to shift back to remote work if needed in the future included: 1) an emphasis of moving to paperless operations (9%), 2) increased usage of home offices (8%), 3) an investment in more mobile technologies (7%), 4) an increasing reliance on virtual meetings (7%), 5) the use of more online collaboration tools (4%), and 6) an increased investment in more cloud-based tools (3%).

In other words, the times they are a-changin’, with an emphasis on cloud-based tools that enable lawyers to work from anywhere. I’ve been encouraging lawyers to use cloud computing for more than a decade now, so all I have to say about this development is: It’s about time! While I wish it hadn’t required a pandemic to get us to this point, it’s nevertheless a step in the right direction. Change isn’t always easy, but I’m confident that this particular transition will benefit lawyers and their clients for many years to come.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

Florida on the ethical issues triggered by the remote practice of law

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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Florida On The Ethical Issues Triggered by the Remote Practice of Law

Since the start of the pandemic I’ve covered how the effects of COVID-19 have drastically altered the ways in which lawyers get their work done. The majority of lawyers have worked remotely at some point over the last six months and some continue to do so, with many large and mid-sized firms announcing that work-from-home policies are in place until at least the end of the year. Similarly, because of COVID-19, courts are conducting jury trials and hearings via videoconferencing, and lawyers are using cloud-based legal software for document management, e-signatures, billing, invoicing, payment processing, communication and collaboration with clients and colleagues, and much more.

As result of these significant changes, it’s not surprising the regulatory landscape under which lawyers practice has likewise been affected. For example, last week I discussed one such case: an opinion handed down in March by the District of Columbia Court of Appeals. In that Opinion, the Court concluded that an attorney who is not a member of the District of Columbia Bar may nevertheless practice law from the attorney’s residence in the District of Columbia under the “incidental and temporary practice” exception of Rule 49(c)(13).

The Florida State Bar Standing Committee on the Unlicensed Practice of Law (Committee) also recently weighed in, handing down Advisory Opinion 2019-4. in August. At issue in this opinion was whether it is ethically permissible for lawyers to practice law remotely from their homes in Florida, where said lawyers are: 1) unlicensed in Florida, 2) employed by firms located in other states, and 3) working on matters unrelated to Florida laws.

During the ethics hearing, the attorney seeking the Committee’s ethical guidance testified about his remote technology set up as follows: “We’ve tried to set up and utilize the technology in a fashion that essentially places me virtually in New Jersey. But for the fact that I'm physically sitting in a chair in a bedroom in Florida, every other aspect of what I do is no different than where I'm physically sitting in a chair in Eatontown, New Jersey and that's the way I tried to and have structured it so that the public sees a presence in, in Eatontown, New Jersey and no other presence."

In reaching its decision, the Committee explained that of import was that the petitioning attorney had no plans to set up a law practice in the state: “It is clear from the facts in Petitioner’s request and his testimony at the public hearing that Petitioner and his law firm will not be establishing a law office in Florida. It is equally clear that Petitioner will not be establishing a regular presence in Florida for the practice of law; he will merely be living here."

Next, prior to reaching its conclusion, the Committee highlighted the hearing testimony of one witness, an attorney, noting that it was particularly persuasive on the issue at hand: “I believe the future, if not the present, will involve more and more attorneys and other professionals working remotely, whether from second homes or a primary residence. Technology has enabled this to occur, and this flexibility can contribute to an improved work/life balance. It is not a practice to discourage.”

Finally, the Committee concluded that it was permissible for the petitioning attorney to work remotely as proposed: “It is the opinion of the Standing Committee that the Petitioner who simply establishes a residence in Florida and continues to provide legal work to out-of-state clients from his private Florida residence under the circumstances described in this request does not establish a regular presence in Florida for the practice of law.”

In other words, the pandemic has ushered in a new normal for the legal profession, and technology  - and remote working - is here to stay. Practicing law from any location is becoming an accepted practice, and the technology to facilitate this is likewise no longer ethically problematic. So if you're still on the fence regarding the use of cloud computing, what are you waiting for? The tides have turned, and there’s no better time than now to make the transition to working remotely using cloud-based technology.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

D.C. Bar weighs in on ethics of working remotely

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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DC Bar Weighs in on the Ethics of Working Remotely During COVID-19

If your firm is like most law firms, some or all members of your firm’s workforce has been working remotely since the onset of the pandemic. In many cases, your firm’s employees may have chosen to stay close to home (and the office) during quarantine periods, while others chose to move to more remote locations for varying reasons.

If you’re one of the lawyers who chose the more remote option, your choice of location may well have unknowingly triggered ethical issues. For example, if you’re working for a prolonged period of time from a location in another state in which you’re not licensed, then by doing so you may be engaging in the unauthorized practice of law.

But, just as the pandemic has drastically affected the ways in which lawyers get their work done, so too has it had an effect on the regulatory landscape under which lawyers practice. This phenomenon is readily apparent when it comes to the ethics of remote working, as evidenced by two recent ethics opinions, one of which I’ll cover in today’s column.

This opinion was issued on March 23, 2020 by District of Columbia Court of Appeals in direct response to the issues presented by lawyers working remotely during the pandemic. At issue in Opinion 24-20. was whether an attorney who is not a member of the District of Columbia Bar may nevertheless practice law from the attorney’s residence in the District of Columbia under the “incidental and temporary practice” exception of Rule 49(c)(13).

In reaching its determination, the Chair of Committee on the Unauthorized Practice of Law (“Committee”) explained that pursuant to Rule 49(a) of the Rules of the District of Columbia Court of Appeals, lawyers generally may not “engage in the practice of law in the District of Columbia…unless enrolled as an active member of the D.C. Bar.”

Next, the Committee acknowledged one exception to that Rule that allowed attorneys not admitted to the D.C. Bar to practice law in D.C. under certain circumstances. Namely, the Rule provides an exception “for ‘incidental and temporary practice’…if the person is authorized to practice law and in good standing in another state or territory or authorized to practice law in a foreign country, is not disbarred or suspended for disciplinary reasons, and has not resigned with charges pending in any jurisdiction or court.”

The Committee then reviewed the commentary to the Rule for additional insight. Notably the commentary explained that the “incidental and temporary practice” exception was intended to apply “where an attorney with a principal office outside the District of Columbia is incidentally and temporarily required to come into the District of Columbia to provide legal services to a client.”

Finally, the Committee turned to the likely factual scenario presented by lawyers working from D.C. during the pandemic and concluded that their remote work fell within the exception. Specifically the Committee determined that lawyers who are not licensed in D.C. “may practice law from the attorney’s residence in the District of Columbia under the ‘incidental and temporary practice’ exception of Rule 49(c)(13) if the attorney (1) is practicing from home due to the COVID-19 pandemic; (2) maintains a law office in a jurisdiction where the attorney is admitted to practice; (3) avoids using a District of Columbia address in any business document or otherwise holding out as authorized to practice law in the District of Columbia, and (4) does not regularly conduct in-person meetings with clients or third parties in the District of Columbia.”

The outcome of the opinion is not surprising given the unusual and unpredictable situation that we all find ourselves in. Of import is that is just one more example of how COVID-19 has affected - and continues to change - our profession. Check back next week for another example of this phenomenon at work. In that column I’ll take a look at a more recent opinion from Florida that addresses a similar issue, so stay tuned!

 

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

The importance of planning for law firm resiliency during COVID-19

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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The importance of planning for law firm resiliency during COVID-19

As the COVID-19 pandemic continues to surge in some parts of the country, you’re likely wondering about the future of your law firm and its book of business. One way to abate those concerns is to prioritize preparing your firm for whatever may come. Make sure you’re never caught flat-footed and take steps to ensure business resiliency no matter what happens. Why? Because that’s the only way to ensure future success and stability.

Prior to COVID-19,  you may have thought that this type of disaster was unlikely to happen to your law firm. But now that we’re in the midst of an unprecedented pandemic, are you really willing to take that chance again? That’s why it makes sense to plan for the future disruption, whether due to the pandemic or otherwise. Because, if nothing else, this pandemic has shown us that it never hurts to prepare for the unexpected.

Part of preparing for uncertainty includes building business resiliency into your law firm.  Business resilience ensures that your law firm is able to quickly pivot and adapt to unexpected  disruptions, thus allowing it to continue to operate and represent your clients’ interests even in the face of uncertainty. A major part of resiliency planning includes assessing risks to your firm’s business in the event that different types of disruptions occur.

Business resiliency is more than simply an emergency response plan. The end goal is to ensure that not only does your firm get up and running quickly, but that it is also able to operate smoothly and efficiently in the weeks and months following a disaster without skipping a beat. While this may seem like an overwhelming – or even impossible – task, it’s actually more attainable than you might think, especially if your law firm has a solid plan in place that includes the necessary technology.

The very first task you’ll need to undertake in building business resiliency into your firm is to assess its technology arsenal and ensure that you have the cloud-based software tools in place that will allow everyone in your law firm to seamlessly communicate and collaborate from any location no matter what the circumstances. Once you’ve done that you’ll need to consider all critical business functions – such as operations, human resources, and public relations – and determine which ones will need to continue to function in the immediate aftermath of a disaster or other unplanned event.

Next, you’ll need to identify the top threats to its business continuity. Some of those threats are universal, such as a pandemic, cyberattack, or utility outages. Others will be more specific to the geographic regions in which your firm’s offices are located. For example, many potential natural disasters will vary greatly depending on location. So you’ll need to determine the natural disasters most likely to strike your offices and affect your firm’s operations and how to respond to them. Once you’ve done that, you’ll better able to determine your firm’s top goals and priorities, which will necessarily inform the process of creating your firm’s business resiliency plan.

As we’ve learned from the current pandemic, it’s impossible to predict when uncertainty will strike, whether because of a natural disaster or otherwise. That’s why it’s pivotal to have a business resiliency plan in place. You’ll be laying a foundation that will allow your firm to survive and thrive down the road, no matter what obstacles you encounter. So what are you waiting for? Invest in your firm’s future by creating a business resiliency plan today.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

Covid-19 Survey: Lawyers Continue to Work Remotely and in the Cloud

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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Covid-19 Survey: Lawyers Continue to Work Remotely and in the Cloud

It’s hard to believe that the pandemic has been with us for nearly 6 months  – and will likely be around for months - or even years - to come. As a result of COVID-19 and its effects, some firms are busier than ever, while others are finding that business has slowed down.

This newfound reality that we all find ourselves in makes it challenging to run a successful business, as many law firms are now unfortunately discovering. Because of the pandemic, lawyers and their employees have transitioned to remote working. As a result, according to a recent survey, law firms are increasingly relying on the cloud-based technology that makes remote work possible, since it’s the only way to ensure that law firms continue to be both functional and profitable.

The survey was conducted by MyCase in June (note that I am the Legal Technology Evangelist for MyCase) and was a follow up to a survey conducted in April. In the most recent survey, 56% of firms surveyed were working remotely in some capacity. 40% of respondents reported that their firms were operating in their physical office, 18% of firms were operating exclusively remotely, and another 38% of firms were partially open with a portion of staff operating remotely.The majority of those firms that were fully remote have no proposed timeline as to when they will return to their offices.

Compare this to the results of the April survey, which showed that 87% of firms were working remotely in some capacity. This 36% decrease in law firms working remotely suggests that some law firms have been able to reopen as states relaxed their orders on essential businesses. These numbers will undoubtedly continue to fluctuate based on geographical location and public policies.

Law firms reported that they were taking a number of approaches to future-proof their businesses against prolonged interruption, the most notable of which was adopting or continuing to use cloud-based technology. The use of cloud computing legal software by lawyers has steadily increased since the start of the pandemic, and the survey results showed that 90% of the law firms surveyed shared that cloud-based technology enabled their firm to work remotely at this time, an increase from 79% in April.

Also of import is that for many law firms, cloud-based software is the key to their continued profitability despite the pandemic. According to the survey results, 70% of the lawyers surveyed reported that cloud technology is paramount to their firm's financial stability.

For many law firms, the transition to remote work in the cloud was sudden, and in some cases, involuntary. Fortunately, the majority of lawyers surveyed indicated that although the change was unexpected, it was a positive one, with 52% strongly agreeing that the technology adoption by law firms due to the pandemic is a positive trend. Another 54% strongly agreed that the same was true of the courts.

So, in other words, as I’ve been saying for years now, technology is your friend, and change is good. I wish it hadn’t taken a pandemic to get lawyers to agree with me, but who am I to complain? I’ll take what I can get!

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

Zoom court hearing tips from the Boston Bar Association

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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Zoom Court Hearing Tips From The Boston Bar Association

It’s the end of July 2020, and we’re months into the COVID-19 crisis with no end in sight. As surges occur across the country, working remotely has become commonplace for most members of the legal profession. Because of that, court appearances, hearings, and jury trials are also part of our newfound reality.

As lawyers increasingly appear in court proceedings via videoconferencing, concerns regarding this format have begun to crop up, ranging from proper attire and etiquette to ethical and confidentiality issues. Because it’s such a new method of interacting for the vast majority of lawyers and judges, it’s an experiment in progress and people have been making it up as they go along.

Fortunately, the experiment is well underway, and as a result, protocols are being established to help lawyers engage more successfully in this format. Most recently, the Boston Bar Association provided 4 virtual hearing guides that include lots of great advice for lawyers seeking to improve their videoconferencing skills. (Online: https://tinyurl.com/MAZoomTips).

Some of the tips revolved around preparation. For example, lawyers were advised to ensure full familiarity with the videoconferencing platform being used by the court. Here some of the best tips relating to preparing for an appearance:

• Take online tutorials about Zoom so you become comfortable with all the technological capabilities Zoom has to offer.
• Call into the hearing a few minutes prior to the designated time to ensure you will have time to resolve technical issues.
• Make sure your necessary technology is ready to go without incident (e.g. internet is fully functioning, Zoom app is updated, cell phone charged).
• If you are participating in a Zoom hearing, carefully set your camera so that it captures a good view of your face and upper torso. You don’t want the camera to cut off part of your face, for instance.
• Ensure that you are in a quiet room away from potentially distracting noise.
• Be aware of your background. Make sure that you are not in front of a window, which will make you backlit and hard to see. If your background is distracting, consider using a neutral digital background on Zoom. To practice you can start a new meeting in the Zoom application, and it will show, without other participants, how you will look in an actual meeting.

Videoconferencing etiquette is often a foreign concept to first-time users. To that end, the guides also include a variety of etiquette recommendations including the following:

• Treat the hearing as if you were present in the judge’s courtroom.
• At the start of any virtual hearing, make sure all attorneys and parties state on the record that they are alone and that no third parties are within earshot of the hearing proceedings. If a third party must be present for the hearing, identify that individual and the reasons why that individual must be present for the hearing.
• Defer to the judge as to his or her preference on who should speak at a given time.
• If a motion is being heard, expect the moving party to speak first and the responding/opposing party to speak second.
• Do not talk over one another.
• Mute yourself when you are not speaking

Finally, there was very useful advice provided regarding the practicalities of appearing via videoconference while maintaining client confidentiality and ensuring an open line of communication between attorneys and clients throughout the proceeding. Some of the most useful tips included:

• Be sure to warn all witnesses that once they are on the call/meeting, anything they say can be heard by the clerk and anyone else present and it may even be recorded on the record. This is true even if the judge has not joined the hearing.
• All participants should also be aware that if they are participating in a Zoom hearing, they can be seen even if they aren’t speaking so they should be careful to behave in the same way they would if they were in court.
• The best practice is for you and your client to to be in the same room for the virtual hearing, following safety guidelines. However, if you and your client are appearing in separate locations, consider setting up a “back channel” for in-hearing communications such as e-mail, text message, Slack, Google Chat.
• Be careful with your use of Zoom chat and make sure if you do use Zoom chat that you are directing your messages to the correct recipients.
• Remember that hearings are recorded. You and your client should not speak to any third parties during a hearing.

Those are just some of the highlights, and there’s even more to be found in each guide. So make sure to download them and give them a read. Of course, the courts that you appear in may have videoconferencing rules or customs specific to your region so keep an eye out for similar guides that are unique to the courts in your jurisdiction, as well.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

How law firms are adapting to remote work

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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How law firms are adapting to remote work

Lawyers across the country have been sheltering in place for weeks now, and for many, there is no immediate end in sight. The move to remote work was a sudden one, with governors instituting social distancing requirements seemingly overnight. Notably, many firms were unprepared for this change, and as a result business continuity proved to be a pressing issue.

However, over time, firms adapted. They had to; they had no choice.

Now that a few weeks have passed, working from home has become the new normal, but it hasn’t always gone smoothly. The transition was easier for some firms than others, as borne out by the results of a recent survey. The nationwide survey was conducted by MyCase (the company for which I work) from April 8th-10th, with 819 legal professionals responding. Some findings regarding remote work were expected, but others were more surprising.

For starters, the transition to working from home full-time occurred fairly quickly for many firms, with 46% reporting that it took a day or less to establish a virtual law practice. 31% shared that it took 2-3 days, 13% did so after a week, and for 10% of respondents it took 2 weeks or more.

Not surprisingly, the majority of lawyers reported that at the time of the survey their firms were operating remotely in one form or another. After all, necessity breeds ingenuity. Specifically, 48% of lawyers indicated that all law firm employees were working remotely. Another 39% shared that some of their employees were working remotely. Only 12% reported that their firms were open for business with all employees working in the physical office. Finally, only 1% had closed their firms’ doors for the time being.

Most law firms didn’t have all of the necessary technology tools in place to enable their firms to move to a remote practice overnight. This was an unprecedented situation, so the lack of preparedness was to be expected. That being said, the majority of legal professional have adapted to the sudden change in circumstance very adeptly, and at an incredibly rapid pace. So much so that that I’d go so far as to say that much of the technology adoption that occurred over the past month would not have otherwise occurred for another 5 years or more.

Because working remotely necessarily requires better communication methods, it’s no surprise that due to the shelter in place mandates certain forms of online communication exploded in popularity overnight. The survey results provided insight into the specific tools adopted by law firms over the past month.

Video conferencing was the top technology adopted by firms due to remote work requirements, with 529 indicating that their firms had begun to use it. Next, 235 respondents shared that their firms had invested in new hardware, such as laptops. 206 reported that their firms had not adopted any new technology, followed by VOIP phone systems (55), online fax (55), data backup (49), payment tools (47), internet security (46), and other (34).

Finally, the responding lawyers weighed in on whether they felt prepared to work from home with the technology tools supplied by their firm. The survey results showed that 79% of law firm staff using cloud-based systems felt that they had what they needed to work from home, whereas only 59% of non-cloud based users sharing that sentiment. 

Has your firm moved to remote work? How does your firm’s transition process compare? Hopefully you feel well prepared to provide legal services while working from home. If not, rest assured, there is technology available that can fill the gap and streamline your work processes so that you’re able to work as efficiently and effectively from home as you do in the office. But if you don’t take advantage of it, you only have yourself to blame. So what are you waiting for? Research your options, choose the right tools, and get to work!

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected]. 

 

Pennsylvania issues timely ethics opinion on remote working for lawyers

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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Pennsylvania issues timely ethics opinion on remote working for lawyers

Have you gotten used to what is, at least for now, the new normal? For many lawyers, it’s a work in progress. Firms that already had cloud-based software in place transitioned relatively smoothly. Others, not so much.

What about you? Has your law firm provided remote working tools for its employees? Are you able to access firm files from your home and securely communicate and collaborate with clients and colleagues? Are you ready to participate in court appearances via videoconferencing tools?

If you’re fully prepared, congratulations! You’re one of the lucky ones. But simply having the required tools at your disposal is insufficient; you also have to ensure that your firm’s remote working plan is ethically compliant.

Fortunately, the Pennsylvania Bar Association stepped up to the plate last week and provided guidance to help lawyers navigate the ethics of working remotely. In Formal Opinion 2020-300, the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility addressed the issue of how lawyers and their staff can ethically provide legal services while working remotely.

At the outset the Committee acknowledged that it was releasing this guidance due to the recent shelter in place mandates, but that the information provided was generally applicable whenever an attorney or staff member works remotely.

Next the Committee opined that, as it had previously concluded, it was ethical for lawyers to work remotely and provide virtual legal services using cloud-based software. But in order to do so, if was necessary that lawyers make reasonable efforts to ensure that reasonable safeguards were in place to protect confidential client information.

Next, the Committee talked about the issue of secure communication, explaining that attorneys have an obligation to ensure that safeguards are in place to protect confidential communications via electronic means, including email. Notably, the Committee adopted the analysis of ABA Formal Opinion 477R, and concluded that lawyers must assess the sensitivity of confidential communications on a case-by-case basis and, for particularly sensitive matter, must use encrypted communication methods, such as encrypted email or secure client portals:

“(L)awyers must exercise reasonable efforts when using technology in communicating about client matters … (and use) a fact-specific approach to business security obligations that requires a ‘process’ to assess risks, identify and implement appropriate security measures responsive to those risks, verify that they are effectively implemented, and ensure that they are continually updated in response to new developments. … A fact-based analysis means that particularly strong protective measures, like encryption, are warranted in some circumstances.”

As a side note, as I’ve discussed in the past, in order to avoid having to make an ad hoc determination regarding each law firm communication, it makes sense to simply choose one type of encrypted communication method and require that all law firm employees to use it at all times. This is especially so during the current situation, where all members are working remotely from their homes. If everyone uses encrypted email or the secure client portals built into law practice management software for all communications, then you’ll have effectively ensured that all communications are sufficiently protected.

Finally, the Committee provided tips that lawyers should consider implementing in order to enhance the security of their online interactions, such as:

• Avoid using public internet/free Wi-Fi;
• Use Virtual Private Networks (VPNs) to enhance security;
• Use two-factor or multi-factor authentication;
• Use strong passwords to protect your data and devices;
• Backup any data stored remotely;
• Secure all remote locations and devices;
• Verify that websites have enhanced security;
• Lawyers should be cognizant of their obligation to act with civility; and
• Assure that video conferences are secure.

Finally, the Committee provided some very helpful and timely advice on the last point — ensuring the security of videoconferences. The Committee explained that the steps to take to mitigate videoconferencing hijacking attempts include:

• Do not make meetings public;
• Require a meeting password or use other features that control the admittance of guests;
• Do not share a link to a teleconference on an unrestricted publicly available social media post;
• Provide the meeting link directly to specific people;
• Manage screensharing options. For example, many of these services allow the host to change screensharing to “Host Only;” and

Ensure users are using the updated version of remote access/meeting applications.
The entire opinion is worth reading, since I only covered a few choice highlights due to space constraints. So make sure to read the option in its entirety and implement the advice provided therein.

We’re undoubtedly facing challenging times. Fortunately, the technology we need to practice law remotely is readily available and sufficiently secure. So choose the right cloud-based tools for your law firm, use the advice in this opinion to secure your firm’s data, and then rest easy knowing that you’ve done all you can to continue representing your clients’ interests while also protecting their confidentiality during this difficult time.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected]. 

Ready or Not, It’s Time To Set Up Your Remote Law Office

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

*****

Ready or Not, It’s Time To Set Up Your Remote Law Office

You’ve resisted technological change for years and put off adopting new software into your law firm. After all, you were busy doing what lawyers are trained to do: practice law. You didn’t have time to learn about technology, research the legal software available, and then figure out how to use it in your firm. You figured you’d get around to it eventually, when the time was right.

I’ve got news for you: the time is now. As you know, earlier this week, the world as we knew it ground to a screeching halt. COVID-19 descended upon our country, and cities, counties, and states began to require most non-essential businesses to close in the name of public safety. Courts began to suspend all but the most essential proceedings, and many law firms were forced to shut their bricks and mortar doors. It is no longer business as usual, and experts are predicting that the disruption could last for a year or more.

Rest assured, that doesn’t mean that the business of practicing law will cease to exist. The technology tools you need to set up a remote law office (aka a “virtual law firm”) are readily available and affordable. It’s simply a matter of identifying the software tools your law firm needs and implementing them firm-wide.

For most law firms, you’ll need to invest in the following tools in order to run your law firm remotely:

• Video conferencing software: facilitates encrypted face-to-face video meetings with clients, work colleagues, and co-counsel;
• A VOIP (voice over internet protocol) phone system: allows you to make and receive unlimited phone calls, conduct conference calls, and receive (and store) messages without needing a landline.
• Cloud-based law practice management software: provides a centralized location for contacts and calendars; invoicing and time-tracking; documents and other matter-related data; internal and external communications; financial data; and may also include built-in e-signature capabilities, lead management tools, integrated email, 2-way text messaging, and secure communication and collaboration tools such as a client portal.
• An online fax service: instead of using a landline-based fax machine, documents can be sent and received over the internet via email, an online portal, or a smartphone app.
• Document scanning tools: hardware and software tools, including mobile apps, that can be used to quickly and easily scan and digitize documents.
• Collaborative word processing software: cloud-based word processing software that makes it easy to collaborate in real-time with work colleagues.
• Speech-to-text dictation software: voice recognition technology that allows you to simply dictate and then the text contemporaneously appears on the screen in front of you as you speak.

You can find links to articles I’ve written about each of these technology tools here.

Once you’ve researched and chosen the software you’ll be using to set up your remote law firm, the next step is to train your employees and provide them with the information they’ll need to implement the software into their daily routine. Teach them how to use the features of each type of software and impress upon them the fact that client confidentiality rules apply no matter where they happen to be working.

No doubt you're feeling overwhelmed and concerned about the future of your law firm, but the good news is that the tools you need to practice law virtually are readily available and have been for years now. The technology is time-tested, trustworthy, and ethical. In fact, the ethics committees of more than 20 states, including New York, have deemed the use of cloud computing by lawyers to store confidential information to be permissible.

So what are you waiting for? Your clients are relying on you to get back to work - so get to it! Do your research, choose the right technology for your law firm, and start practicing law remotely. It really is that easy.

And, rest assured, there truly is no better time than the present.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is 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 Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].