LIANSWERS Issue 19 | April 2013 This Newsletter Includes Information to Help Lawyers Reduce the Likelihood of Being Sued for Malpractice

2014-06-18, 5:14 PM

LIANSWERS Issue 19 | April 2013 This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.

Welcome to the special ABA TECHSHOW 2013 edition of LIANSwers. This year's event was held in Chicago from April 4-6th, and continues to attract attendees worldwide, including a fantastic Nova Scotia crew who have shared their knowledge, skills and tips with you here. We hope you can join us for next year's event from March 27-29, 2014. Thank you and happy reading!

Trinda Ernst, current CBA President, explains why she is a five-time attendee of ABA TECHSHOW: “I have no background in computers and believe we are under-utilizing technology because we do not know what we can do with what we do have and what other options there are to help deliver legal services more efficiently.”

LEVERAGING LINKEDIN AND FINAGLING FACEBOOK: BUILDING RELEVANCE ON LEADING SOCIAL MEDIA

The growing popularity of these two social platforms may cause you to rethink your marketing strategy and consider using both as a way to get your name out there. In this session, presenters Dennis Kennedy and Allison Shields reviewed the identity, role and purpose and both of these social media platforms in order for you to maximize the benefits offered by each.

It was reported that in January, LinkedIn had 200 million users, 700,000 of whom were lawyers and executives from every Fortune 500 company. Facebook reported having 950 million users with a 50/50 split between men and women. What is the point? When marketing, you want to be where the people are!

The differences between social media platforms may dictate how often you update and you connect:

Facebook – need to be connected. You must confirm a “friend request” in order for another person to access your personal information. Otherwise your security settings can dictate how much of your information is open to the public. Twitter – anyone can follow you on Twitter and you don’t necessarily have to follow them back. It’s a far more “sandbox” approach to social media. LinkedIn has always been considered the social networking tool for professionals, but still requires connections in order for others to gain access to your personal information. Blogs (short for web logs) – similar to Twitter, where people can follow you but you don't have to follow back.

Facebook may be the most popular social media platform but the reality is that nobody looks for a lawyer on Facebook. However, your Facebook friends could lead to referrals.

LinkedIn is designed to put you in touch with potential referrals directly rather than to open the lines of communication.

Beware of the following:

1. Do not provide false or misleading information that could result in a claim or complaint against you; 2. Be clear on when you have been retained, when you are providing legal advice and when you are providing legal information; 3. Social media platforms cross many jurisdictions, be careful not to provide legal advice outside of Canada; 4. Beware breaches of confidentiality; and 5. Use disclaimers.

Building a profile on LinkedIn or Facebook

LinkedIn allows for an extended professional resume that you put online, which would then be out there working for you. It allows you to provide biographical details that become your profile that has a professional focus. Make sure to use the summary http://www.lians.ca/lianswers/aba_techshow_2013_special_edition Page 1 of 14 2014-06-18, 5:14 PM

section it is an opportunity to showcase credentials and target who you would like to have as a client.

Facebook offers a timeline feature that is chronological rather than biographical. It is a limited profile but allows for a lot more visual and tells what you've done and when. While there is less room to explain more about yourself, it is more social because it allows others to post and interact on your timeline.

Overall tips:

1. Use a professional photo on LinkedIn; with Facebook you might want to crop a fun photo. 2. With LinkedIn, use a resume type of approach; with Facebook use less professional language. With LinkedIn think about having an external focus and what people would like to read about. This is your 30-second elevator speech! 3. Add media to both sites – photos, links to presentations, audio such as podcasts 4. Make a page for your business as another way to increase your firm’s visibility. On LinkedIn they are referred to as “company pages” and on Facebook, "business pages". Facebook’s feature is not as fulsome as LinkedIn but it allows more interaction with your clients. 5. Make sure to set up milestones on Facebook e.g. when someone became a partner. 6. Schedule posts in advance and have different administrators.

Connections

LinkedIn requires “connections” and the more information you include will help find connections; LinkedIn will make suggestions using your profile info or you can load your entire contact database.

Use personalized invitations to connect then take relationships offline! Get potential client contact information and meet with them.

Facebook is more personal and a “friend” is more intimate than a connection is on LinkedIn; think family, close friends – a smaller environment and not so lawyer-focused.

When accepting or inviting friends on Facebook, keep in mind that what your friends do will appear on your newsfeed; consider creating “friend lists" so you can manage what they see and the lists can be either automated or customized.

Tips:

1. Have a philosophy on who you connect with e.g., quality versus quantity. 2. When searching on LinkedIn, connect with someone you wouldn't know directly and get an introduction. It helps if you know something about that person, too! 3. Remember to use personalized invitations so they know who you are. 4. Send a thank-you note when they accept your invite, or when they reach out! 5. Figure out what the next step is once you have made that connection – social media platforms are a tool to build relationships. 6. Segregate your contacts – you can tag your contacts on LinkedIn and send messages to groups of contacts; or you can build “Friends Lists” on Facebook.

Participation

LinkedIn and Facebook allow you to provide updates, which is a good way to remind people that you're out there and provide valuable information via links but it’s not the only way to participate.

Groups offer the biggest participation element. Connect with a group with similar interests and participate in online discussions that take place within those groups; it’s like networking online and very similar to what you do in real life!

"Liking" updates on both Facebook and LinkedIn is a great way to connect with someone without having to do much and it also may encourage some interaction.

Facebook participation is more personal and a little trickier to use for your professional life and most is done through your newsfeed either by commenting or "liking" and acknowledging that you've read it. It is a great way to hear from old friends and connect once again but control your friend lists so you can control who sees what.

Tips on both platforms:

1. Post your own status updates – but not what you're doing. Write something interesting about yourself. Sometimes the most interesting posts are when someone points to a great article or presentation. Providing information and valuable content reminds people that you are out there. 2. Join groups on LinkedIn, and make sure you get email updates with a digest of topics of discussions so you don’t miss anything 3. The option to send a private message can be helpful if you can't locate someone’s contact information, and a nice way to

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occasionally reach out to someone personally rather than “liking” their updates. 4. Make recommendations of vendors or professionals. 5. Endorsements on LinkedIn are similar to "liking" on Facebook. It’s easy and a good way for your connections to have their skills recognized. Sometimes the quantity of endorsements could make a difference with respect to getting hired. The only drawback is that it is not personal. 6. “Liking” on Facebook is an easy way to acknowledge an update without spending a lot of time interacting. 7. Consider “sharing” your friends’ posts – it’s a great way to help someone else get their message out! 8. Remember to check the privacy and account settings so you don’t share information other than as you intended.

With these tips in mind, social media is a great way to connect with friends and clients and a fabulous way to grow your practice.

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THE FRUGAL FIRM

Hosted by Marc W. Matheny and Patrick Crowley, the “Frugal Firm” session explored alternative solutions to save solo and small firms time and money through low-cost alternatives to necessary products and services. They also looked at free web-based services and how to protect operating systems from attack, as well as when and how to upgrade your technologies. Here are some of the things they say are essentials for a law office:

A decent computer system: They recommend a fast processor, adequate memory and space to store programs, documents and files. The system should have at least 2GB or more of memory (preferably 4+ GB, especially if you use voice recognition software), a 320GB or larger hard drive, at least one 23-inch monitor, a 512MB+ video card and a Pentium core duo or quad core processor running at a minimum speed of 2.0-3.0 GHz. Email and email systems: Email inbox tools can be free services such as those provided by Gmail and Mozilla Thunderbird, or the more traditional such as Microsoft Outlook (part of the Windows operating system).

Law practice management software and services: Law-related practice management products can either be based in-house on a server, on an individual machine or the Cloud (on the Internet). Lawyers can save the most money initially by purchasing Cloud- based services as they are cheaper per month and automatic upgrades are included in the subscription package. Cloud-based options include Clio, RocketMatter and HoudiniEsq. Subcribed software such as Tabs3 / PracticeMaster or Amicus can be cheaper in the long run if the system is used consistently over a number of years among several staff computers. Products such as Sage Timeslips, Time Matters and PCLaw will, in some cases integrate into accounting software such as QuickBooks Pro . An alternative to traditional practice management software is Google Calendar. With this electronic calendar, appointments and notification messages can be set, and text messages or email reminders can be sent to you or your staff. Events such as upcoming court dates can be automatically sent to clients with services such as http://www.ohdontforget.com and www.textmemos.com.

Phone systems: Prices for these systems can vary, so explore options of a traditional phone system and a Voice Over IP (VOIP) system. Traditional phones require a set fee for each phone number and each line you have. VOIP systems are connected online, and can add numerous lines and numbers for less than a traditional telephone system. A hosted VOIP system like http://www.vocalocity.com allows use of their phone system for phone calls, voicemail, call forwarding and menu trees. Because all of these services are Cloud-based, phones can be accessed from anywhere there is a broadband connection.

Storage and backup: Lawyers do not want their entire firm’s ability to access client matters, files and other data to be lost when a crash occurs the speakers recommend using both the Cloud and a hard- or flash drive. As the presenters point out, mirror drives, internal or external hard-drives, backup utilities and software can be purchased for the cost of a few of billable hours – and ensure that your office can be up and running in a matter of hours or minutes when the server or hard-drive on your machine crashes, the power surge or motherboard crashes or any number of unexpected computer problems arise. Lost data is much more expensive to recover than simply backing up all machines every day and ensure that one backup is stored off site. Online storage and file retention programs such as Mozy and SpiderOak are quick, reliable and inexpensive. Synch all of your Apple and Mac devices (iPad, iPhone, iPod, etc.) with iCloud, which is free for the basic user. Another online storage tool that also offers online collaboration is Dropbox, to store files and invite others to “share” an online folder – ultimately avoiding the process of mailing or emailing documents back and forth. It is highly suggested to encrypt any sensitive materials deposited in Dropbox. Although it is a free service, the amount of storage space is limited, but users can obtain more storage space simply by referring others to Dropbox. If you do not store a lot of data on your hard drive, simply use a USB flash drive to back up most of the data on your machine. A small 8GB flash drive can easily be purchased locally.

Scanner: For a tried-and-true desktop scanner, the Fujitsu ScanSnap S1500 http://www.fujitsu.com/scansnap comes with a full version of Adobe Acrobat, as well as Optical Character Recognition (OCR) software.

Online legal research: There are many types of legal research tools with varying costs, starting with CanLII which is free. Standard full-cost versions such as LexisNexis (http://www.lexisnexis.com/), Westlaw (http://www.westlaw.com/) and Quicklaw http://www.lians.ca/lianswers/aba_techshow_2013_special_edition Page 3 of 14 2014-06-18, 5:14 PM

are reliable and comprehensive. Knowing a case name or its citation can generally allow you to retrieve it directly from a court’s website.

For free research tools, begin with Google Scholar (http://www.scholar.google.com/), an excellent resource for treatises, articles and a variety of legal publications online. While Google Scholar does not search through subscription sites, it may lead you to sites with access without a subscription. The Legal Information Institute (http://www.law.cornell.edu) provides free legal information, creating materials that help people understand law and exploring new technologies that make it easier for people to find the law. In addition, public record searches for the US and Canada are available at the Public Records Directory (http://www.publicrecords.searchsystems.net/).

Virtual receptionist / telephone answering: Virtual assistants outside the office or online and/or telephone answering or receptionist services can be helpful, such as Ruby Receptionist, (http://www.callruby.com/) is a telephone answering/scheduling/forwarding service that gives lawyers live-answered phone calls for one set price per month, without the cost of an extra employee. Antivirus and anti-malware and anti-spyware programs: Avoid purchasing multiple professional grade anti-spyware or anti- malware – do your research and invest in a comprehensive program based on the latest ratings and reviews. Do not try to run an operating system with sensitive client material without an antivirus, anti-malware and/or anti-spyware program with all of the latest updates. Set your programs to update automatically and scan your machines during the night as to not interrupt your work time. There are also several inexpensive anti-virus programs available, such as:

McAfee, (http://www.mcafee.com/) Norton (http://www.us.norton.com/downloads-trial-norton-antivirus) AVG (http://www.mcafee.com/), which offers a free antivirus / malware program, or a $20 “pro” version Malwarebytes (http://www.malwarebytes.org/products/malwarebytes_free/)

Overall, the presenters strongly recommended that with the relatively low cost for initial protection but priceless process to recover uninfected data, it is best to pay the small yearly fee and keep your computer, server and therefore your practice protected with professional grade antivirus software.

Productivity Software: The leading productivity software package for lawyers continues to be Microsoft Office. For those using Corel Word Perfect, you can pick up a copy of Corel WP Office Suite Professional X5 (one of the earlier versions of Corel Word Perfect) for less money on eBay or Amazon.ca. Apache Open Office (http://www.openoffice.org/) is a free alternative set of programs that allow users to open and read documents created in MS Word, Excel, PowerPoint and more. One of the advantages of purchasing Adobe Acrobat X and any of the newer Microsoft Office Suites (MS Office 2007 and newer) is that by installing Adobe Acrobat X and above integrates to your Microsoft Office Suite, allowing you to convert Word, Excel, PowerPoint, and Outlook files to PDF with one click. [You may wish to save some money and buy the penultimate version, Adobe Acrobat X for about half the cost of the current version.] Adobe Acrobat Reader™ is a free service that allows you to open and read documents, but not to create or edit them. Popular free alternatives for online PDF conversion programs include:

Nitro’s PRIMO.PDF (http://www.primopdf.com/); Word™ converter (http://www.pdftoword.com/) and Excel converter (http://www.pdftoexcelonline.com/) DoPdf (http://www.dopdf.com/) Foxit’s PDF converter (http://www.foxitsoftware.com/)

Law firm websites: There are many ways to build a free or inexpensive website for your practice, including free sites included with your internet service provider subscription and free or inexpensive sites from domain registration sources like Network Solutions (http://www.netsol.com) or www.godaddy.com. You can also build your own site and add content with free website builders like http://www.wordpress.com www.s,ites.google.com or http://www.weebly.com

Finally, as computer systems age, they will begin to operate more slowly, but one small upgrade may solve many of your problems. Operating multiple programs and network versions of accounting programs and practice management software will use up the majority of the memory that came with your system. Upgrade your RAM to 4GB or 8GB before purchasing a new system to speed up your system significantly. To determine the physical specs on your computer, use a program such as Belarc Advisor (http://www.belarc.com/free_download.html) to view a detailed analysis of the hardware and software components of your system. Another solution is to install a new hard drive, as hard drive space fills quickly, so a separate backup hard drive is recommended, and an internal or external hard drive is relatively inexpensive. Overall, it may be wiser to replace your system if the cost of your upgrade for your current components is over 50 per cent of what the cost of an entirely new system.

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Adding Technology to Inefficient Process is a Net Gain of Zero seemed to be a favourite session for Nova Scotia attendees. Scott Amyoony, Director of Information Technology with Stewart MacKelvey said "The presenters did a great job on road-mapping through identifying process inefficiencies before throwing a tech solution on it."; and Raffi Balmanoukian, Sole Practitioner added "it fits with my theory that technology works for me, not the other way around. Gizmos for the sake of gizmos is an exercise in having a lot of depreciable paperweights.”

APPLYING TECHNOLOGY TO AN INEFFICIENT PROCESS IS A NET GAIN OF ZERO

Lawyers invest money in technology to improve their practices, say speakers Debbie Foster and Tom Rowe at the ABA Tech Show. But, if they don’t first address the root of their problems, the result is a waste of time, money and resources. Foster and Rowe suggest lawyers first evaluate and redefine their productivity and efficiency, and establish best practices to identify the disease, not the symptom. "That's the way we've always done it" should not be an acceptable philosophy. How do you begin to tackle your process challenges?

Step one: Define the problem Lawyers can’t fix what they don’t know. Communicate with staff and anyone who plays a role in the process. This is crucial to the success of any process improvement initiative.

Step two: Measure the problem Observe what staff do and document it to understand the “why” behind it. It is not uncommon to discover that staff do things simply because that’s the way they’ve always done it. Identify wasted resources such as mistakes that cause re-work, piles of files sitting on the floor or on desks and long processing times. Waste leads to unnecessary costs and decreased profitability. Document your processes and identify inefficiencies to determine what processes are most profitable, to reduce wasting time and money, and overall mistakes. Some examples of waste include data entry errors, excessive copying / travel to the copier, slow computers, multiple hand-offs of documents and excessive revision. To determine whether a process is valuable, ask yourself: Does this change the client’s situation? Is the client willing to pay for it? Is it done right the first time? A valuable process meets all three of these criteria. If it is lacking, it is wasteful. The eight most common wastes according to Foster and Rowe are:

1. Defects (or mistakes): The wrong party listed on a contract or the style of a case, notices not sent or sent to the wrong people, missed deadlines, drafting and re-drafting documents to fix errors. 2. Overproduction: The waste of simply doing more than is necessary. Creating more copies of a document than needed or having multiple lawyers or staff working on a matter that could be handled by one person. 3. Waiting: Waiting for something at the copier, the scanner, for a document to be reviewed, for a client to provide documents, or for a slow computer. 4. Non-utilized talent: Failing to identify and continuously develop the skills and abilities of associates, staff and partners. 5. Transportation: Passing files from one person to another as work-in-progress, or data being copied (moved) from one program to another or kept in multiple formats / locations. 6. Inventory: Contentment with lots of work-in-progress could mean a failure to pay attention to bad systems, communication issues or cash flow problems. 7. Motion: Any movement that doesn’t add value to a process, such as physically searching for a file or needing five mouse clicks to find a file that could have been accessed with one click. 8. Extra processing: Giving your client more than she wants or needs adds costs that clients shouldn’t have to pay for, such as buying overly expensive notebooks or folders, creating unnecessary copies of a document, or creating duplicative data or case management systems.

Step three: Analyze the problem Analyze your process and eliminate waste. Simple changes can lead to a quick return, for example, emailing rather than mailing or faxing is a simple but effective way to cut costs.

Step four: Implement the solution Document and then train lawyers and staff on new processes or new technology.

Step five: Measure the improvements Track how the improvements are working and reflect the return on investment. To take their practices to the next level, lawyers must combine establish good processes and relevant technologies to support the way they do business, achieve greater efficiency and accuracy, and ensure a healthy bottom line.

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SCARY TECH: COOL PRODUCTS AND HOT SOLUTIONS FOR THE SECURITY-MINDED LAWYER

Ben Schorr and Sharon Nelson gave the audience a sneak peek at the newest and coolest technologies, discussed how secure they are and outlined how to safely and effectively implement them into your practice.

When it comes to security, it’s about protecting the digital data on your computer, social media and on your network. It’s protecting what you put into the cloud, the process you use to get it there, the products and the people.

Who are you protecting it from? Both inside and outside threats. Outside threats include criminals who are trying to commit identity theft, targeting certain companies or specific lawyers or service providers. Inside threats may include everything from disgruntled employees to an employee who’s made an honest mistake. In fact, the biggest threat is your users who are not trying to do damage at all.

Be conscious that it's a connected world. Whether you’re in a hotel, a Starbucks or on a plane, it's all about risk management and protecting your data from outside threats. Most personal computers can be attacked within 90 seconds of being connected to the Internet and breached in three minutes.

How can you protect your data?

1. Firewalls. A firewall defends your computer from the Internet. 2. Physical security. If your computer is sitting by your photocopier, move it! Put it someplace where someone can't walk out with it or spill coffee on it. 3. Anti-malware. Buy software that will protect your computer from viruses. 4. Educate your staff to work with data in a safe way and put controls on your documents, such as making them ‘Read Only’. 5. Physical security. Make sure you have your computer and files behind a locked door. 6. Train your staff not to click on the links that are in a suspicious email, even if they know the sender!

Be aware that if you use Dropbox, you are synching files to them through their servers. The files are encrypted but they have full access to them. Be sure to encrypt your documents before you put them in Dropbox. Or, consider using a flashdrive. Approximately 33 per cent of people have lost their smartphone at some point, with most having no password to protect them. Check for your smartphone regularly, and pat down your pockets before you leave any area.

If you use an Android smartphone, there is no password option available but rather a grid that you swipe. When using that grid, make sure to “cross over” the pattern because you can hold it up to a light and see the pattern on the screen. For that reason is it also a good idea to use the same number in a PIN as well. If you own an Android, consider using the Lookout security software. It will:

back up your data to the cloud in order to restore phone, find your device with its GPS tracking system, remote wipe your phone, and offer anti-malware.

Tips on how to keep your smartphone secure:

1. Ensure the security defaults on your smartphone are turned off. 2. Enable pin and enable encryption, if possible. 3. Review the security settings carefully. 4. Limit unsuccessful passwords. If the attempts are exceeded, it either locks the device or wipes the data clean. 5. Ensure that your smartphone is set up to sync with your server so you do not lose any valuable information, especially if forced to do a remote wipe! 6. Be mindful of speaking on your smartphone to your clients in a public place. Don't give your username and password out loud.

Be aware – if you remove the SIM card from your smartphone, you cannot remote wipe the phone (and hackers know that too!).

One of the biggest growth areas are viruses on smartphones, and Androids are the most targeted. Make sure any apps you use are secure so you do not inadvertently download a virus.

If you use an iPad, you are limited to purchases strictly from Apple (iTunes) and although it means limited interaction, it’s good for security. Remember to keep up with the operating system upgrades. Consider downloading a security app for your iPad, such as Lookout, Virusbarrier or Secureweb.

If you outsource some of your office management operations, review the terms of service and ensure that you are comfortable with the security in place.

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Social media and information-sharing websites use third party apps that collect your personal information and share it (e.g., games on Facebook). Malware can be put into game apps and ultimately infect multiple computers.

Some tips when using social media:

If you have a Facebook account, make sure you close it when you are finished. As long as it is open, you allow Facebook to see what you watch on the Internet. Password recovery question: don't put in the real answer! Sarah Palin’s social media account was hacked by determining the answer to her password recovery question through reviewing her Wikipedia webpage.

If you are using an external hard drive to back up and transport your data, consider purchasing Iron Key, a flashdrive that is physically secure and encrypted. If you lose it, your data is still safe.

Most common security failings:

1. Relying on outdated software or not applying patches. 2. Not changing the default passwords. 3. Not using a firewall. Go to the http://www.grc.com website to do a quick test to see what ports in your firewall are open. It’s quick and free. 4. Not turning off file sharing, including printers and copiers. Dropbox will still work if you turn this off. 5. Not using malware or antivirus software.

Some other protections you may want to consider:

1. Put encryptions on your smartphones and laptops. Often what hackers do when they steal your laptop is simply remove the hard drive to get access to your data. 2. Turn off Bluetooth – it is not secure and anyone can listen in. 3. Be aware of the WiFi Pineapple Mark IV Box, which can hijack your connection by impersonating other networks. You can access the Internet but the hacker will watch everything you do. 4. Use privacy screens. 5. Use MiFi cards. They are secure and you can whether your smartphone to it as well (just remember to encrypt your data). 6. Consider using the WiFi analyzer: it is a free download and will tell you other wifis that are being broadcast. 7. Avoid using public computers as most if not all have malware, including keystroke malware that tracks your keystrokes. 8. Eight character passwords can be cracked in two hours so use at least 12-character passwords that include letters and numbers. 9. Consider using a password manager like eWallet and Masterpass. You need only one complex password to gain access and it securely stores all of your confidential information, including other passwords.

Remember that security is not absolute – if they want it, they will get it! Understand that there is a limit to what you can afford to defend against in response to evolving threats. All you need to do is be more difficult to get into than the next guy!

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CLOUD COMPUTING TRENDS AND ETHICS

Presenters Brett Burney, Randy Juip and Dan Siegel gave an introductory – and very entertaining – session on venturing into the cloud without compromising your ethical duties.

Chances are that you are already in the cloud. If you're using a smartphone, iPad or tablet you're using the cloud!

There are many advantages of using the cloud:

it saves time and money; you do not need to spend money on servers or software; learning how to use the cloud is quite easy; unites all pieces of your technology; and merging technology, data management and storing information becomes much easier.

There is no need to be super-technical – we don't need to know how it works, just how to work it. Develop awareness about the tools you use and understand how and where data is saved, use the same standard for storing your files physically and using email.

Some issues to consider when dealing with the cloud:

1. Security: Many worry that someone will gain unauthorized access to their stored online information; however, someone could break into your storage room or your server just as they can access your information in the cloud. Implement

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security measures to safely guard your information regardless of where it is stored. Unlike the email you have sent to your client, the information sent between your computer and the cloud is always encrypted. 2. Using the cloud as a backup ensures that not all data is lost. 3. The cloud is inevitable and all document management will eventually be cloud-based solutions. This allows small practitioners to leverage technology, making them competitive with big firms that have a larger IT budget. 4. Understand the terms of service with cloud providers. Who “owns” the data? Where is it stored? What are the legal ramifications with subpoenas, etc.? What law applies? If a cloud provider gets sued, they will rely on the terms of service! Don't "agree" to use the cloud provider without reading and understanding the terms of service – if you can't understand them, then don't use it! And always ask what the provider will do with your data if you cancel your subscription. 5. If you are using email to send documents to clients, include this in a retainer letter so you have a level of protection. One option is to attach PDF documents in an email that are password protected and make sure to tell them when their data is being stored on the cloud. 6. You need to use a strong password! Have a password that is a huge pain to remember. A committed thief will get your stuff. If they want it, they will get it. Ultimately, you can't stop them from walking into your file room, hacking your computer or stealing your smartphone. 7. Be aware of using WiFi hotspots unintentionally or forgetting that your former employee still has access. Be careful! 8. If you are using VOIP, be aware that it is now routinely being hacked. Your phone is yet another way of accessing your information.

The cloud does not put your clients at risk, but failing to implement security measures will. It can be as safe as your physical file room. How many unauthorized people have access to your office? Your cleaning person, maintenance people and window washers have access. Your landlord has a key to your apartment and a valet parks your car.

Finally, cloud providers are not perfect, so what can you do to protect your client’s data? Use a service such as Boxcryptor.com or a similar app that will help secure your data in the cloud.

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With so many sessions available and over 100 exhibitors, going to the ABA TECHSHOW can be a little overwhelming without a goal, especially for first-time attendees like Ron Pizzo: “I wanted to learn more about practice management software, particularly browser-based options”

BATTEN DOWN THE HATCHES: MOBILE SECURITY FOR LAWYERS

In this session, Aaron Brooks, Jeff Richardson and David Ries began with a discussion on a lawyer’s obligations to keep client data confidential, recognizing that although the ethical rules may differ between jurisdictions, the "reasonable" standard applies. To what extent, however, does that include understanding the benefits and risks associated with technology? Does competence to practise law include technological knowledge? What if your client is a member of a regulated industry with their own ethical obligations of confidentiality?

For example, some US states indicate that a lawyer needs to take reasonable measures to protect data, but if a lawyer is working on a mobile device, there is an obligation to encrypt the data.

So what are some of the mobile threats lawyers should be aware of?

1. Loss or theft: The best security measure you have is you, so develop the habit of ensuring your phone is with you whenever you leave and you don’t leave it behind. 2. Unauthorized access: Prevent people from accessing your phone by using complex passwords. Don’t consider using anything less than a 12-character password, using a variation of letters, numbers and symbols. 3. Malware: Use virus prevention, as smartphones are fast becoming the number one target for viruses; mobile devices are particularly susceptible to malware through an app; these risks are decreased on an iPhone (Apple closely monitors the apps to prevent malware) but the ability to bypass the password feature is easier on your iPhone. 4. Interception: Be mindful not only about protecting the data stored on your mobile device, but also the transmission of that data. 5. Location tracking: GPS systems and some apps can come in handy when trying to locate your lost smartphone.

Some additional security tips:

Passwords: Consider whether you need to be prompted for one every time you touch your mobile device or after five minutes of inactivity. You can also set the number of attempts you are allowed before you are locked out and need to reset your mobile device, even have your device automatically wiped after 10 unsuccessful attempts. Be careful if you have kids who may inadvertently play with your mobile device or if you have an external Bluetooth keyboard. Third party apps (not malware apps): Most will gain access to other information on your mobile device but with iPhone and http://www.lians.ca/lianswers/aba_techshow_2013_special_edition Page 8 of 14 2014-06-18, 5:14 PM

iPad you can control the privacy settings for each app. Public WiFi use: Know that any hacker can go access a router and create a legitimate-sounding WiFi name (such as “Halifax International Airport”). Once you connect, the hacker could then have access to your system. Confirm the area’s WiFi name with the provider. Bluetooth can be risky: Most don't use encryption, so they can be hacked to be able to listen in on your conversations. If you do use Bluetooth, make sure to disconnect once you are finished. Read Less...

FOR THE MAC-CURIOUS: MAKING THE SWITCH

Can you really run your office using a Mac? Can it make you more efficient? Reid Trautz and Ben Stevens say “Yes!”.

Most lawyers use PCs because that's what your firm gives you instead of you deciding which is the most efficient system for your office. Macs help lawyers practise smarter in several ways. They are more reliable – you won't ever see the blue screen of death. They are very intuitive and easy to use. They are more secure as there are far fewer viruses made for Macs.

Macs are not really more expensive, especially when you take into account the lack of repair costs.

With regard to repairs or other issues, you can deal with most issues yourself. Local Apple stores repair what they are capable of for free – you pay only for products that are needed.

Macs retain their value over time and they do not become redundant at the same rate as PCs.

It is easy to convert from a PC to a Mac. Most of your external hardware will work and it is easy to migrate your files using the cloud or the Apple “migration assistant”. Here are some unique features for Mac computers that give them an advantage over a PC:

Looking for a file? Type it in TimeMachine and it will find it. Even if it’s already been deleted from your Mac, just hit ‘restore’ and it will come back. It is included with Mac OS as a built-in utility.

Spotlight searching: you can type anything in, and it will index the contents of any text-based document. Navigate to the document you like and it will give you a preview. For small and solo firms, it's a great way to help manage your documents.

Go paperless: Macs make it easy, as PDF functionality is in every Mac OS. You can easily open a PDF document, fax it, save it, etc. If you use an internet email provider, you can preview a PDF then drag it into your mail document – no need to use Acrobat.

Grab and capture: Capture information on your screen (similar to ‘print screen’ on a PC) and use the image to create slides and exhibits. It will also let you select data from a website and save it as a PNG document on your desktop.

iDevice integration: For your iPad, iPhones, etc., sync all of your devices with your new operating system. You can use Dropbox, iCloud and Google across all of your devices, with no setup. Chat messages can also be displayed on all devices.

Software for Macs: For case management, try the Mac-based and Mac-supported Daylite to handle emails, to do's, billings, etc. Web-based case management programs include Clio and RocketMatter.

iWork is the Mac office suite that can be shared between PC users. If you switch to Mac, all of the documents that you migrate over will open easily in a Mac. iWork is also very cheap in comparison to the Microsoft Office suite.

Some specific programs you might want to consider for your Mac include:

Keynote is a great replacement for PowerPoint, and is great for mediation and trial presentations. If you have an iPad, spend the $10 to get Keynote for iPad. TrialSmart is trial presentation software that lets you sync transcripts and organize exhibits, and is not overly expensive. iMovie lets you make your own video depositions using your own camera and videos. Circus Ponies is a fantastic program to organize your files.

If you need to use both a Windows and a Mac operating system, you can use the "Bootcamp" program built into the Mac operating system. It allows you to dictate how much of your Mac you want to allocate to Windows, with the advantage of being able to run any Windows program faster than a PC.

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IOS IN ACTION

In this session, self-proclaimed Apple “experts” Jeff Richardson and Ben Stevens discussed how to make your iOS devices (the operating system used on Apple mobile devices such as the iPhone and iPad) work for you and your law practice. http://www.lians.ca/lianswers/aba_techshow_2013_special_edition Page 9 of 14 2014-06-18, 5:14 PM

What version should you buy?

The experts suggest that when purchasing an iPhone, the answer is simple: buy the latest version because you’re most likely going to be locked into a contract.

When purchasing an iPad, the answer may not be as simple! The presenters weighed in on which is more efficient: the full-size iPad or the new iPad mini. The iPad mini is small and portable, very easy to carry – almost fits into your pocket and definitely your purse. It’s not too small or heavy and after using the iPad mini, the full-size iPad feels a bit cumbersome – think first generation cell phones! However, when reading a transcript or other work-related documents, smaller is not always better so you may want to consider using the full-size iPad.

Should you consider a 3G version?

The experts recommend getting the built-in 3G (third generation) with the mini-iPad; it helps with portability, which means you will use it more and increase productivity. If you don’t, you may have to connect to another mobile device in order to get internet access – defeating the purpose of an iPad mini. Bonus: if you get the 3G version, you also get the GPS chip! With a full-size iPad, you can always connect it to your iPhone, which you will most likely be carrying with you.

Writing with an iPad?

It is difficult to type on an iPad without using a Bluetooth keyboard, but should you consider an external or internal keyboard? Consider what works best for you, but keep in mind that an external keyboard (one that is not built into a carrying case) is a full- size keyboard; however, it is not as portable as an internal keyboard.

Writing versus typing?

You may want to consider taking notes rather than typing when sitting in a meeting; it is slower because there is a delay in capturing the information written but it’s easier to move things around. Experts caution, however, handwriting on an iPad is never as fast as putting pen to paper. You may not want to substitute when speed counts e.g., during a trial.

The Bamboo Stylus duo (feels like an actual pen) or Adonit Jot Pro (with fine tip accuracy) are great options when considering using the note-taking option on your iPad. The only complaint was that the plastic disc enabling your stylus to glide over your iPad with the Adonit Jot Pro was a bit noisy.

Notability and Goodnotes were recommended note-taking apps, with Goodnotes having the additional dropbox integration feature and allowing you to save your documents in a PDF format.

Document review?

When reviewing a Microsoft Word document, use an app like Documents to Go. Its built-in viewer will not show the red lines made in a document nor will you see the footnotes. Bonus tip: if you use an app, you can also adjust the font size for easier viewing.

The Pages app allows for easy footnote editing because it captures redlines and preserves any comments made to the document. However, Pages is not great when formatting.

If you are still one of the very few who prefer WordPerfect, you are limited to using the WordPerfect viewing app. Adobe Reader is good but not always reliable. Reader HD from Google is the best app for viewing Microsoft docx documents, and is inexpensive.

Formatting and Storing PDFs?

The StandardPro app allows you to take a picture and save it as a PDF; it will also square up the image if not perfectly aligned. Using Dropbox is great way to get docs off of your iPad but it is in the cloud.

Reading and annotating PDFs?

Goodreader is the recommended program because it does a great job viewing and organizing PDF files and syncs with Dropbox. PDFpen is a great app and with version 6, your library (ie: signature) is shared across all of your mobile devices, including your iPhone.

Case management?

The main difference between the mobile app and the mobile web interface is that with the web interface, you’ll need internet access. With the app, simply enter the information – no need to wait for internet access. The experts recommended either RocketMatter or Daylite.

Remote access?

Sometimes you need access to your computer when you’re away from the office and you forgot to put the document in Dropbox.

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When this happens, consider LogMeIn. Using this free software, you can make your PC at work show up on your Mac screen at home. It works great on an iPad too, but keep in mind that your computer at work will have to be on.

Legal research?

Doing US legal research on your iPad or pulling cases up in court? Consider using the free Fastcase app. Keep in mind that it’s always a good idea to have a dedicated app for your jurisdiction and be careful: always check when the apps are being updated.

Blacks Law app for the iPad is not cheap but you'll find yourself using it. One interesting feature: if you are unsure how to pronounce a term, tap a button and it will say it for you.

How do you cite a webpage if you’re including it in a brief? Consider downloading the Bluebook app.

Discoveries?

The experts agree: the apps are not yet up to snuff. Use an iPad when taking discoveries to avoid bringing a big box of documents, but do not use it to record. If you are monitoring a discovery, consider using Goodnotes to take notes.

If you want to listen to a transcript, consider downloading TranscriptPad. It is expensive but it has a feature that allows you to show questions in bold. If you want to highlight an important point, simply tap the line or section and highlight using issue codes. Once you are finished reviewing, you can create a PDF report that shows the issues and where in the document the information can be found – this is a great cross-examination tool!

When reviewing the transcript document, press the play button and it slowly scrolls for you. When you see something interesting, pause and highlight the section, then keep going.

Trial?

If you have an iPad, you have mobility in the courtroom. Unlike a laptop, a tablet creates no barrier between you and witness or judge and you can carry the iPad with you. Trialpad is a great app for presentations – it’s easy to use and inexpensive.

Apps to keep you organized?

1. If you attend online meetings, consider using GoToMeetings – you can set up your iPad to use as a second monitor. 2. To build your contact list, the Evernote app allows you to scan business cards and geo tag them so you know where you met that person. If they have social media, it will find their information and store it in your Evernote database. 3. Use the free app AnyList to create lists, even for groceries! 4. If you're not in front of your computer and need to send something to client, use Siri on your iPhone to remind yourself and the Reminder app will automatically add it to your reminder list.

Some accessories you may want to consider for your mobile device:

1. You can’t always count on having access to outlets; the iSound device is a battery that can perform four full charges on an iPad. 2. The freeonehand is a physical attachment that allows you to hold your iPad in one hand. 3. The Frameshift mini 5 is an iPad stand that adjusts at any degree. 4. Artcloth is a fairly substantial cleaning cloth. 5. Marquee is a great case for a mini and has a stylus loop on the back. Read Less...

ABA TECHSHOW truly has something for everyone. Says Darlene Jamieson of Merrick Jamieson Sterns Washington & Mahody: “I typically follow the litigation and E-discovery tracks. The US experience with E-discovery and their rapidly developing case law is helpful when navigating E-discovery process here in Nova Scotia.”

LESS PAPER MEANS MORE PRODUCTIVITY

Speakers Steven Best and David Sparks challenged attendees to concentrate on using less paper in their offices, rather than trying to go totally paperless.

They encourage lawyers to use PDF (portable document format) for paperless documents as this format is anticipated to be readable and accessible for the next ten to twenty years.

How do you get your stuff into PDF? Capture your documents the same way you would print a document, but change the printer

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option to “Adobe PDF” from your printer dropdown menu instead of your printer default. In other words, when an email comes in use the “print to PDF” function rather than print to paper and then scan!

If you want to use less paper, where do you start?

1. Evaluate your current situation. Do you pay rent for storage? Do you have files or boxes of files everywhere? 2. Learn how to use PDFs to understand how to manipulate, save and search the documents properly to find the document you need later. 3. Limit the print function. 4. Enforce document storage and retrieval. 5. Plan for retention and back up!

The next step is to digitize your documents.

1. Make sure you have a good office procedure in place for digitizing/scanning; scan upon receipt. 2. Don't forget about the bookkeepers and administrative staff. They also have documents to be scanned. Consider putting a scanner on your staff's desk. 3. Learn to share documents in different ways (i.e., use a product like Dropbox). You want to put documents in a secure place to share with clients or opposing counsel and for yourself when you travel. 4. Create a naming convention. If you cannot find your document once you have saved it, there is no point to the system. Some software can help you with the naming. 5. Make sure you have proper electronic security in place. 6. Make sure you and your staff are all using the same program and same version of the program (such as Adobe or Adobe Pro). 7. Set your default printer to “scan”. 8. Layer (or OCR) your documents to that it is easier to search. 9. Flatten your document into a single image. 10. Get a good scanner – ideally a dedicated scanner on your desktop. Use "neat receipts" at home and shred that mail!!

Keeping your documents organized and being able to find them fast is an easy way to save money. Once you have captured your documents, you need to organize them. Lawyers’ documents are "living", so we need a good system. Plan before you implement – it's difficult to unwind. Decide whether all of the boxes you currently have in storage need to be scanned or whether to leave them be. Start digitizing all your new documents today.

Make standards for document storage:

Date stamp documents with a consistent naming convention – a chronological list is efficient. Use a series of folders on your network and give each file consistent folders (such as correspondence, pleadings, emails with attached documents, etc.) Lawyers must do it, too!

You can set up your own system, but there is document management software available to set up the system for you. Some document management systems to consider include Worldox, Autonomy, NetDocuments and OpenText's eDOCS.

Important features of a document management system:

1. Lock down and nobody can bypass it and if misfiles, you can still find it when you search; 2. Fast searching; 3. Mirroring, where the original is preserved if revised; 4. Versions; 5. Email management: store emails with attachments; 6. Interfaces with scanners and billing systems; 7. Enforce protocols with paperless practice; and 8. There is an investment up front but annual maintenance is not much. It's the cost of being in practice! Always ask how easy it is to terminate your subscription. Read Less...

TO SAAS OR NOT TO SAAS, THAT IS THE QUESTION!

Presenters Andrea Cannavina and Natalie Kelly discussed the pros and cons of venturing into the cloud and what to consider when you finally decide to make the leap.

What is cloud computing? Cloud computing can be defined as software delivery models offering ways to access services over the internet; however, not all cloud programs are created equal.

Some advantages over desktop or server-based applications include: http://www.lians.ca/lianswers/aba_techshow_2013_special_edition Page 12 of 14 2014-06-18, 5:14 PM

fewer upfront costs, with no installation required or equipment to maintain, such as onsite servers; the cloud doesn’t care whether you use a PC or a Mac – both can access and navigate the cloud easily, and in fact can be interchangeable; updates and tech support are included in the monthly fee, and most offer online tutorials and in-person training options; the cloud is accessible from anywhere, including from mobile devices; and having a document in the cloud means you have back up: physical equipment breaks are inevitable, but information stored in a cloud is safe, regardless of your equipment.

Some disadvantages over desktop or server-based applications include:

there is little to no customization of the program and no control over the features offered; cloud providers are more expensive than traditional software; the upfront cost is cheaper but there is a monthly expense; you need an internet connection; there is no protection or leverage against a price increase; and forced upgrades: when an interface or features are changed, it will have a temporary impact on your productivity as you get accustomed to the changes.

Consider your firm like a train: the engine is your front office (where you collect your client’s information); the middle of the train is where the true practice management is (where you manage the client information, and your time and billing processes); the caboose is where you should find your accounting program (handling billings and the overall value of your business). When assessing your needs, ask yourself: how do I manage reports, banking and time tracking? Based on your needs, keep in mind that although cloud providers offer the practice management and billing, you won't get general ledger accounting.

What are some questions to ask a potential SaaS or cloud service provider?

1. Be sure to find out where the provider’s servers and data are located and stored. You want to keep the data in the same country in which you reside, to ensure that the same rules and laws that apply for your data. 2. What security measures are in place for my data? How seriously does the cloud provider take the security? Look and read their security page and if you don't understand, ask them! cloud providers offer services to more than just lawyers and we have different rules that apply to us. 3. Are your servers geo-redundantly backed up? It is better to have the multiple servers on a separate grid or an entirely different location should a natural disaster occur. 4. If it breaks, who fixes it? There is a lot of outsourcing that happens today, so determine whether the cloud provider has onsite technicians to assist with upgrades. 5. Can you retain a local copy of data? If you can't download your contact list on your network, you want to be able to back it up outside of your cloud. provider. You want to be able to work on the local network when the Internet is down and upload the revisions to the cloud when you are back online. 6. How long has it been in existence? You want to work with a provider who will be around and funded well. If they have been around for less than a year, keep walking! Don't be first adopters when it comes to choosing a cloud provider.

Using the cloud properly is like deciding where to park your car: you can decide to park downstairs in your garage with the doors unlocked, or you can park it downtown in a guarded building with guard dogs. Do your research to determine the value of a SaaS provider.

Tips before going into the cloud:

Read the terms of service, and understand them! You need to know what control the vendors have and most keep all of it. Know your ethical considerations and due diligence to maintain confidence with data in your care. Again, read and understand the terms of service and use companies that have been around; they are typically more flexible with what you want to do. Security: most have great security, probably more than you have already. But consider what duties do you have if there is a breach? Be proactive by putting into place a data breach plan in case something goes wrong. Make sure you have passwords on all devices. Be careful how you enter data into cloud providers: garbage in = garbage out. You need a process standard to stay organized, and be sure you are consistent in data entry so the generated reports are valuable. Training is a must! You can use online videos but speak to someone who knows and uses the product. Texting and emailing is not a one-way conversation – you need mutual support. Read Less...

ABA TECHSHOW 2013'S 60 HOTTEST WEBSITES AND TIPS FOR LEGAL PROFESSIONALS

Two of the most dynamic sessions at the annual ABA TECHSHOW continue to be in the "60 in 60” format. As annual Event Promoters of the ABA TECHSHOW Conference and EXPO, each year LIANS looks forward to sharing these relevant and helpful lists http://www.lians.ca/lianswers/aba_techshow_2013_special_edition Page 13 of 14 2014-06-18, 5:14 PM

from industry veterans and pros.

Presented by Barron Henley, Natalie Kelly, Reba Nance and Dan Pinnington, read tips on practical technologies, easy-to-use practice tools, apps and techniques on iPad/tablet computing; Options for solo/small and large firm attorneys; Using social media; How to use the cloud effectively; Virtual law offices and much more … Click to view the ABA TECHSHOW 2013 “60 Tips in 60 Minutes”

This year, Britt Lorish, Erik Mazzone, Lincoln Mead and Mark Rosch recapped the best classic and up-and-coming sites to improve and enhance your practice, and your life overall. Click to view the ABA TECHSHOW 2013 “60 Sites in 60 Minutes”

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