Web/Tech

How law firms are adapting to remote work

Stacked3Here 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 niki.black@mycase.com. 

 


Pennsylvania issues timely ethics opinion on remote working for lawyers

Stacked3Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

*****

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 niki.black@mycase.com. 


Staying Connected With Your Law Firm Team During COVID-19

Stacked3Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

*****

Staying Connected With Your Law Firm Team During COVID-19

Your entire law firm is suddenly and unexpectedly working remotely. Now what? How do you ensure that your entire staff is able to communicate and collaborate effectively while working from their homes?

If you’re wondering what to do next are, rest assured, you’re not alone. Remote work is uncharted territory for most law firms. Fortunately, by creating a remote working plan and establishing remote working procedures, you can create a supportive structure for your remote law firm that will streamline communications and encourage productivity.

  • Here are some steps to take when creating your law firm’s remote working plan that will help you get your virtual law office up and running as quickly as possible:
  • Secure and take stock of your office hardware assets by inventorying your firm’s hardware and distributing it as needed to all staff who will be working remotely. 

  • Similarly, determine which files you’ll need access to and ensure that you have a way to electronically access them. For many law firms, the easiest way to accomplish this is to use cloud-based law practice management software.

  • Ensure that you’ve put necessary technology tools in place to promote remote work and facilitate collaboration and ongoing communication.

  • Establish a communication plan that includes multiple ways to communicate both within your firm and externally. In addition to using the communication tools and portals built into your chosen law practice management software, you’ll likely also need to set up VOIP phone systems, an electronic fax tool, and a video conferencing tool. 

  • Make sure that you’re able to access all of the client data that you need in order to work remotely on pending matters.

  • Have a plan in place for receiving online payments from clients and for payroll; that way clients can continue to pay their bills and your employees will continue to get paid.
  • Protect law firm data, and ensure that everyone working remotely understands client confidentiality issues and uses the software you’ve chosen for all client matters.

It’s also important to support your remote team during this crisis. Transitioning from working in an office to working from home is difficult enough and the chaos and confusion surrounding the COVID-19 pandemic only adds to your team members’ stress. That’s why short daily check-ins with your team to see how they’re doing can make such a big difference. During this brief check-in, make sure to acknowledge the disruption they’re experiencing and find out how it is impacting them.

It’s also helpful to set aside time for occasional 1-on-1s with key team members to check in regarding their their personal well being and to find out if they have questions about ongoing projects or need anything from you.

Other steps to consider taking that will help to support your team and improve its morale during these challenging times include: 1) planning a weekly video conference lunch with your team, 2) providing your team with regular, detailed updates regarding how your law firm is is responding to the crisis, 3) sending out a short video or email at the beginning of each week during which you set priorities for the week, provide remote working or productivity tips, and encourage a sense of team unity, and 4) sending out an end-of-the week video or email to your employees that summarizes projects completed, celebrates successes, and provides encouragement.

It’s incredibly important to provide your team with the tools and supportive environment they need to get the job done. By taking the time to thoughtfully incorporate some of these ideas into your regular routine, you’ll help your law firm team transition smoothly to working remotely in the midst of never before seen challenges. Your effort and up front planning will undoubtedly pay off in the long run, since as we all know, effective teamwork and collaboration is always important; but during a crisis, it can make all the difference.

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 niki.black@mycase.com. 


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

Stacked3Here 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 niki.black@mycase.com. 


The Ethics of Responding to Negative Online Reviews

Stacked3Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

*****

These days the online world matters just as much as the offline world when it comes to conducting business. The Yellow Pages have been replaced by Google and apps, just as restaurant and movie reviews in newspapers have now been co-opted by the online reviews of actual customers. And just like every other technology-based trend, lawyers are no longer immune from the effects of the online review ecosystem.

In fact, for many small law firms, negative online reviews can be a big problem. I often frequent internet forums where lawyers will seek advice on how to handle a particularly negative and unfair online review. In some cases the person leaving the review was never even a client of the attorney’s firm, but the negative review left regarding an alleged unpleasant encounter with the attorney or law firm staff member resulted in a significant decline in the law firm’s rating. In others, a disgruntled client will leave a damning review grounded in untruths that drastically reduce the firm’s Google My Business or Yelp rating.

In cases like that, what’s a lawyer to do? What’s the best way to address the review both in terms of optics and ethics? While there’s no clearcut answer from an optics standpoint and there’s undoubtedly more than one way to go about effectively responding, the ethics of the situation is often more clear.

In recent years, a number of different jurisdictions have addressed the issue of how to ethically respond to negative online reviews, and one of the most recent to do so was North Carolina in Proposed 2020 Formal Ethics Opinion 1. As of now, this opinion is available for public comment and has not yet been published in final form. But the conclusions reached therein align with many of the opinions issued in other jurisdictions on this topic, so it’s illustrative of how to navigate the ethical issues when responding to a negative online review of your law firm.

The facts in the case at issue are simple: the lawyer’s former client posted a negative review on a consumer rating website that the lawyer believed was false. The lawyer was in possession of information that would rebut the allegations, but said information was confidential. The question to be answered was how the lawyer might ethically respond to the comments via a publicly viewable post.

At the outset, the Ethics Committee emphasized the importance of client confidentiality. The Committee explained that because confidentiality is a foundational element of the attorney-client relationship, lawyers are prohibited from revealing all confidential information acquired during the course of representation unless: 1) their former client consents or 2) one of the exceptions set forth in Rule 1.6(b) are applicable.

The Committee then turned to considering any applicable exceptions and determined that the only one that might apply to the situation at hand was Rule 1.6(b)(6), which “permits a lawyer to reveal information to the extent the lawyer reasonably believes necessary: [T]o establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client; to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved; or to respond to allegations in any proceeding concerning the lawyer’s representation of the client.”

Next, the Committee examined the nature of online reviews and determined that a negative online review did not constitute a “legal claim or disciplinary charge arising in a civil, criminal, disciplinary, or other proceeding”, and thus did not fall within the parameters of that exception.

Accordingly, the Committee concluded that confidential information may not be used when responding to online criticism of a lawyer’s services: “(A) (l)awyer may post an online response to the former client’s negative online review provided the response is proportional and restrained and does not contain any confidential client information.”

In other words, think before you type, since the internet is forever. And if at all possible, take steps to move the dispute offline so that you can discuss it with the client face-to-face and attempt to come to an amicable - and private - resolution of any outstanding issues. That way you’ll hopefully end up with a happy former client who may one day send business your way, and at the same time avoid leaving a permanent online record that you might later come to regret.

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 niki.black@mycase.com. 


Round Up: ABA Techshow, Chatbots, Cybersecurity, and More

SpiralI 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 late-January to present:


ABA Technology Survey Results: Cybersecurity Measures Taken by Firms

Stacked3Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

*****

ABA Technology Survey Results: Cybersecurity Measures Taken by Firms

If cybersecurity isn’t on your radar in 2020, then it’s high time you made it a priority. The risk of a breach that could compromise your law firm’s confidential client data is an increasing likelihood, especially if your firm hasn’t enacted security measures designed to counter cybersecurity threats.

This is especially so in the wake of news, as reported by the ABA Journal in mid-February, that a Texas law firm’s data was hacked and then its data was published online. The confidential information disclosed included fee agreements and diaries from personal injury cases.

Earlier in February there were also reports that ransomware attacks hit three different law firms.These types of attacks occur when law firm employees receive an email that appears to be legitimate but was sent by a hacker and includes a malicious link. Once employees unwittingly click on a phishing link or a link infected with malware, your firm’s data can then be exploited.

If you’re still not convinced that cybersecurity should be a priority for your firm, then the results of the 2019 ABA Legal Technology Survey Report should do the trick. According to the Report, 26% of lawyers reported that their firms had experienced a security breach such as a lost or stolen computer or smartphone, an attack by a hacker, a break-in, or a website exploit. And, 36% indicated that their law firm technology had been infected with a virus, spyware, or malware.

If your firm doesn’t have a cybersecurity plan in place, rest assured you’re not alone. According to the Report, only one third of lawyers surveyed (32%) reported that their firms had a full security assessment conducted by an independent third party.

That being said, the survey results showed that most law firms overall were taking cybersecurity issues into account, but some were implementing more security precautions than others. One popular security measure enacted by the majority of law firms (86%) was spam filters. Others included firewall software (80%), anti-spyware (76%), pop-up blockers (74%), desktop or laptop virus scanning (68%), mandatory passwords (68%), email virus scanning (67%), network virus scanning (64%), and hardware firewalls (52%). Other less popular types of security tools used by fewer than 50% of the firms included file encryption (44%), email encryption (38%), file access restriction (38%), intrusion prevention (34%), intrusion detection (32%), web filtering (25%), whole/full disk encryption (22%), and employee monitoring (21%).

Another security measure increasingly taken by law firms is to use more secure online channels for client communication. After all, email communications and employee actions are often the weakest link when it comes to law firm security, so communicating using more secure methods simply makes sense. This is especially so in light of the issuance of Formal Opinion 477 by the ABA Standing Committee on Ethics and Professional Responsibility in May 2017. In that opinion, the Committee opined that unencrypted email may not always be sufficient for client communications, especially when the information being discussed is of a particularly sensitive nature. The Committee concluded that in that instance, lawyers may want to consider more secure methods of communicating and collaborating with clients, including using a “secure internet portal.”

The good news is that in 2020 lawyers have more options than ever when it comes to securing their law firm’s systems and communicating securely. In recent years, technology has improved significantly, and more secure electronic communication methods have emerged. That’s why more and more firms are choosing to use client portals to securely communicate. According to the Report, 29% of law firms now offer clients access to a secure client portal, up from 22% in 2017. Some of the top ways that lawyers reported that their firms used client portals include document sharing (42%), messaging and communication (38%), invoicing and bill payment (34%), and case status updates (23%).

So if your law firm isn’t prioritizing cybersecurity in 2020, then what are you waiting for?          There’s no better time than the present. If your firm isn’t taking precautions to protect its data and educate employees about phishing and hacking schemes, then it could be the next firm to make the headlines following a breach or ransomware attack. Don’t be that firm. Instead, take steps to secure your firm’s data and make sure that the only reason it makes headlines is for winning cases - not getting hacked

.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 niki.black@mycase.com. 

 


More of My Top Life Hacks and Gadgets

Stacked3Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

*****

More of My Top Life Hacks and Gadgets

Have you noticed how it seems like there’s never enough time to get everything done no matter how hard you try? Rest assured, you’re not alone. In today’s hectic world, balance is a goal often sought but rarely achieved. In other words, the struggle is real.

The good news is that there are gadgets and other life hacks that can save time and reduce aggravation. The trick is sorting through all of your options and choosing a few that truly make a difference in your day-to-day life. Fortunately for you, I love learning about and trying new gadgets and technology tools and am more than happy to share the results of my search.

That’s exactly what I did in last week’s column: I shared a few of my favorite life hacks and gadgets. But guess what? There are plenty more where that came from and in today’s article I’ll be sharing a few more of my favorite time-saving and annoyance-reducing tips.

First, there’s Amazon Household. Do you shop on Amazon a lot? Do your household family members also use the same Amazon account? If so, I bet you’ve had more than one holiday gift ruined by Amazon’s shipping notifications and/or algorithms that suggest you view similar items to ones recently purchased. That’s where Amazon Household comes in. It allows you to create a “household” with two parents and additional children/teens. Every person has their own login with its own purchase history, thus ensuring that notifications, such as shipping status, are only sent to the person who ordered the item. Also useful is that Prime benefits can be shared with all family members. Finally, you can set up your kids’ accounts so that they can’t make purchases without permission from a parent. Sound interesting? You can learn more here.

Another useful Amazon tool is a gadget: AlexaAuto. Essentially AlexaAuto brings Amazon Alexa to your car, so even if your car’s system doesn’t have Alexa built-in, you can still take advantage of it. It’s super easy to insttall, and once you’ve done so you can ask it questions, tell it to play music, control your home’s smart home features, and more. This gadget’s value really depends on how “smart” and connected your car already is and what you’d like to use Alexa for. My car is 3 years old, I hate paying for Satellite radio, and I refuse to listen to commercials, so I find AlexAuto to be an ideal choice when it comes to easily playing music in my car. It connects automatically (most of the time), and then it’s a simple matter of asking Alexa to play whatever type of music I’m in the mood for. For me, it’s well worth the cost, which is $49.99.

Next up is Sugru. It’s a moldable glue/putty that is an absolute lifesaver. You mold it into whatever shape you’d like and then let it dry. Among other things, it can replace broken plastic parts, repair cracks and breaks, make do-it-yourself device stands, and protect cords. I’ve used it for a variety purposes, including fixing an exposed iPhone charging cord and replacing a leg that broke off of our toaster oven. It comes in a variety of different colors and an 8-pack costs just $15.99.

Last but not least, save time and money with one of my favorite shopping browser add-ons for Chrome: Honey. This tool automatically enters current coupons codes into the proper fields when you check out on merchant sites. Another added benefit is that when you check out on Amazon, Honey will let you know if there are other sellers who offer the same item at a lower price. And best of all, it’s free!

Those are just a few of the tech tools and hacks that I use all the time. Hopefully one or two of them will do the same for you!

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 niki.black@mycase.com. 


Round Up: Book Reviews, Legal Research Tools, AI and more

SpiralI 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 since December:


ABA Report: 2020 Legal Research Trends

Stacked3Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

*****

ABA Report: 2020 Legal Research Trends

It used to be that legal research was expensive. There weren’t a lot of choices so most law firms simply paid exorbitant prices for access to case law, statutes, and treatises. But then along came the Internet, and it changed everything.

These days, with the rise of increasingly affordable legal research platforms and mobile apps, lawyers now have a  vast array of options when it comes to affordable legal research tools. Oftentimes, they’re even free. 

With so many choices available, it’s not surprising that the results of the American Bar Association’s latest Legal Technology Survey Report show that lawyers conduct legal research in a multitude different ways. Here are just a few of the interesting statistics from the survey on how lawyers perform legal research.

For starters, it’s clear that lawyers spend a good amount of time on legal research. According to the results of the Report, 17% of their workdays are devoted to legal research.

The legal research tools they used ran the gamut, with free legal research tools being the most popular. 65% of lawyers surveyed reported that they frequently used free tools, and 25% shared that they occasionally used them.

According to the Report, the top websites/tools used by lawyers for free legal research (in some cases the platforms were accessed for free via bar association memberships) were: 1) Findlaw (20%), 2) Cornell’s Legal Information Institute (18%), 3) Fastcase  (18%), 4) government websites 15%, 5) Google Scholar (13%), and 6) Casemaker (8%).

Lawyers reported using free online tools for obtaining information about: 1) general news (81%), 2) other lawyers (76%), 3) legal news (74%), 4) researching public records (70%), 5) companies and corporations (70%), 6) their state’s administrative, regulatory, and executive information (51%), 7) state legislation and statutes (50%), 8) case dockets (48%), 9) judges (47%), 10) legal forms (46%), 11) federal administrative, regulatory, and executive information (45%), 12) experts (42%), and 13) other state legislation and statutes (42%).

Of course fee-based services were also used often, with 57% of lawyers reporting that they regularly using them, and 17% occasionally using them.

When it came to fee-based legal research, Westlaw and Westlaw  Edge were by far the most popular, with 49% of lawyers reporting that they preferred them. Coming in way ahead of the rest in second place was Lexis Advance at 28%. Other tools used included Lexis Practice Advisor (4%), RIA Checkpoint (3%), Bloomberg Law (3%), Fastcase (3%), Practical Law (PLC) (2%), Casemaker (2%), CCH (1%), Casetext (1%), and HeinOnline (.3%).

Online fee-based tools were use most often to research: 1) federal case law (54%), 2) state case law from the state in which they practiced (53%), 3) other state case law (51%), 4) legal treatises and secondary materials (49%), 5) federal legislation and statutes (42%), and 6) legal citators (36%).

Some lawyers (44%) reported that they continued to regularly use print legal research tools. The information most often obtained using print materials were: 1) legal treatises and secondary materials (16%), 2) practical guidance (16%), 3) law reviews and legal periodicals (14%), 4) legal forms (13%), and 5) state legislation and statutes (9%).

Finally, when it came to the cost of legal research tools, the majority of lawyers (60%) reported that their firms either don’t bill clients for legal research or that the cost of legal research is incorporated into their hourly rate.  Surprisingly, 25% of firms still bill clients for the cost of legal research, with larger firms being the most likely to do  so. 37% of firms with 100 or more attorneys reported doing so, followed by 25% of firms of 2-9 attorneys, 21% of firms of 10-49 attorneys, and 16% of solo lawyers.

So that’s how your colleagues are using legal research tools. Do any of the statistics surprise you? How does your firm’s use compare?

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 niki.black@mycase.com.