Today the Oregon Senate passed HB 2654B which would forbid employers from demanding access to potential employee’s social media accounts. Read the full story at KATU. Maryland started the trend, which has spread to other jurisdictions. Twenty eight states are entertaining similar legislation.
For a related discussion, see this post.
Every year the ABA TECHSHOW brings together some of the best legal technology minds our profession has to offer. This year was no exception. Over the next few posts I’ll share what I learned at this year’s conference. Today: the best of 60 Tips in 60 Minutes.
Use Ctrl F1 to toggle it off (and on).
Want to see the most recently opened items in Word? Right click on the Word icon on your desktop. A list of recently opened items appears (whether Word is launched or not.)
If your computer crashes and you haven’t saved your document or spreadsheet, act fast to recover your document. In Word or Excel 2010/2013, select File > Info > Manage Versions to recover your unsaved documents.
A blank Outlook calendar can be handy for coordinating with others, but how can you print one that doesn’t show scheduled court dates, client appointments, or other events? Easy! The steps vary according to your version of Outlook. Here are links to the instructions: Outlook 2007, Outlook 2010, Outlook 2013.
Reveal a sender’s full e-mail address Sometimes e-mail messages only show the sender’s name. If you want to see the full e-mail address, follow these steps: In the blue message header, mouse over the name, right click, choose properties > show full e-mail address.
Here are two approaches.
Option 1 – Create a “Waiting For” folder in Outlook
Drag e-mails that require a follow-up to this destination. If desired, add a “code” to the body of your message like “wff” (Waiting For Folder). Create an Outlook rule that looks for this code and auto-files the messages that contain it in the Waiting For Folder.
Option 2 – The cc: method
Set up a “Delegated Mail” folder in Outlook. Copy yourself on all e-mails that require a follow-up. Create an Outlook rule that checks messages when they arrive, looks for your name as the sender and for your name in the cc: box. Direct the rule to file messages that meet this criteria in a “Delegated Mail” folder.
In Outlook 2010/2013, delete redundant e-mail strings by using “Clean Up a Conversation.” The clean up function removes the prior e-mails and keeps only the most recent message – which has the entire thread.
Create one right on your desktop. Right click, select New > Shortcut. In the “Create Shortcut” dialog box, type mailto: and the desired e-mail address. For example: mailto:joesmith@gmail.com (leave no spaces between the colon and the e-mail address). Click Finish. You can now send an e-mail to Joe directly from your desktop without launching Outlook.
Download CodeTwo and never forget an e-mail attachment again. This free download looks for keywords in the body of your e-mail like “enclosed” and “attached” and reminds you to add an attachment before your e-mail is sent.
Clean it up with Outlook’s cleanup tools. Choose File > Info > Cleanup Tools. Choose Mailbox Cleanup… to manage the size of your mailbox with advanced tools, empty deleted items permanently, or move old items to an archive folder.
To prevent clients from forwarding e-mails or using “reply to all” inappropriately use this workaround to disable the functionality. Yes, a persistent user can still “copy and paste” the body of your e-mail into a new message, but disabling forwarding or “reply to all” tends to stop 99% of perpetrators.
Follow these easy steps to add a second time zone to your calendar in Outlook.
It can be annoying to toggle back and forth between your mail and other components of Outlook. From anywhere in Outlook’s Navigation pane (Inbox, Calendar, Contacts, Tasks, Notes) right click on the second Outlook item you wish to view and choose “Open in new window.”
Here are three good options: Imation Defender F200 Biometric, Aegis Secure Key, CMS Secure Vault FIPS.
Keep prying eyes off your computer screen with PrivateEye from Oculis. Using facial recognition, the software instantly blurs your monitor if you leave your desk or turn away.
You can with PC Monitor. Compatible with iPad, iPhone, iPod. Free for non-commercial use.
Just as flash drives should be encrypted or protected with biometrics, lawyers should take similar precautions to secure external hard drives. Here are three choices: Lenovo ThinkPad USB 3.0 Secure Hard Drive, Aegis Padlock, CMS Secure Disk Vault.
If you love connecting with friends and family on Facebook, but are worried about who might have access to your data, check out MyPermissions. Sign up to receive alerts when a Facebook app gains access to your personal information.
You can with the portable Lenovo ThinkVision LT1421 14″ widescreen LED travel monitor. Available on Amazon for under $200.
Try Ninite – directly download the most commonly used Web apps with no muss, no fuss.
Meet the new scanner on the blockEveryone knows about the Fujitsu Scansnap s1500, but meet the new and improved kid on the block: the Fujitsu Scansnap iX500. Bundled with Adobe Acrobat Standard, supports scanning to iOS and Android devices, improved resolution, and improved paper handling. A work horse for under $500. Ideal for most solos or as a supplementary scanner deployed at workstations throughout your office.
To avoid carpal tunnel, your keyboard must be appropriately positioned for your use. 3M offers quality keyboard trays that do the trick for around $160.
To “lock in” the contents of a fillable form, you must flatten the PDF. Here’s how in Acrobat 9. In Acrobat X or later, use an action.
Visit Backup Review or follow the site on Twitter @backupreview – new reviews daily.
Not a bad idea since water damage voids the warranty. Try Liquipel.
Did you know that you can reposition the components of your LinkedIn profile to feature preferred content? By default, Experience, Skills & Expertise, and Education appear “below the fold” after Activity and Background. If you prefer a different sort order, simply drag and drop.
Many thanks to the 60 Tips in 60 Minutes presenters for all these great ideas
All Rights Reserved – Beverly Michaelis – 2013
And now my final installment of news that may have passed you by in June. The best of the best on marketing, social media, and technology posted on Twitter last month:
Marketing and Social Media
Technology
The Paperless Office
Privacy and Security
Cloud Computing
Dictation
Apps
Tech Tips
If you follow this blog, then you know I’m a fan of Twitter – in part because it is a great source for law practice and technology tips. Consider these 25 recent tweets in the areas of organization, financial management, marketing, security, and iPhone/iPad tips:
Organization
Financial Management
Marketing
Security
iPad and iPhone Tips
Social media offers a virtual means to share, exchange, engage, and learn. Consider getting involved today!
Today’s post from the ABA Journal Law News Now reports on a study claiming that Facebook posts can predict job performance. I have no doubt this is true – to some extent. However, employers should be exceedingly wary about using Facebook or similar methods to screen potential employees. Here are timely reminders about what employers can and cannot do when using the Internet as a hiring/screening tool:
Excerpted from Digging the Dirt: Digital Tips for Employers and Job Seekers by Tamara Russell of Barran Liebman:
Potential Equal Employment Opportunity Liability
“If an employer Googles an applicant’s name or reviews an applicant’s Facebook public profile, the employer could technically be “interviewing” that applicant. An Internet search, for example, could reveal that an applicant is on a cancer survivor’s Web site, or pictures of the applicant wearing a burqa – both of which place the applicant in protected class categories. If an unsuccessful applicant learns about that Internet search, the applicant might argue that the employer based its decision (either consciously or unconsciously) with a discriminatory bias.”
Genetic Information Nondiscrimination Act (GINA)
Currently, employers are liable for acquiring genetic information about an employee unless the information is commercially and publicly available. (The Internet fits within this definition.) However, final regulations have yet to be adopted, and it is possible the EEOC will exclude personal Web sites or social networking sites if password protected.
Criminal Background Checks
“If an employer Googles a candidate and discovers on a newspaper’s Web site that a candidate has a criminal background, the employer must be mindful of the civil rights laws that may be implicated if the candidate is disqualified from employment for that reason.” (See Ms. Russell’s discussion of the recent case, EEOC v. Freeman, in the original article.)
Credit Check Reports
Effective July 1, 2010, Oregon law prohibits employers from using or obtaining a job candidate’s credit history for employment purposes. Limited exceptions apply. “An employer who conducts Internet searches on a candidate, discovers information about an applicant’s credit history, and refuses to hire that personal because of the results of that search may violate this new law.” (And other civil rights laws discussed in the article.)
Bankruptcy and Civil Court Filings
Federal law prohibits employers from discriminating against an applicant based on the applicant’s bankruptcy history. Oregon laws provide additional protections for certain civil and administrative filings.
Stored Communications Act
Federal law “makes it illegal for any person to intentionally access stored communications without authorization.” The only exception? If the user authorizes access. “Any time an employer accesses a restricted Web site to look into the activities of an applicant or an employee, it must do so with the full and free consent of someone who already has access to that site. Getting that consent in writing is a good idea.”
Fair Credit Reporting Act
Employers who use third-party services to run background checks must follow FCRA notice and disclosure requirements. “Whether an employer implicates FCRA when it does an Internet search on a candidate apparently has not yet been tested in the courts. It seems unlikely, however; Google and Facebook would not likely fall within the statute’s definition of a ‘consumer reporting agency.’”
Will the Real Beverly Michaelis Please Stand Up
As Ms. Russell points out, the final trap to using the Internet as a screening device may be the search itself. Unless a searcher is precise and careful, it is easy to bring up multiple instances of a candidate’s name. For example, I like to think of my name as relatively unique, however there is a public profile for a “Beverly Michaelis” on Facebook (not me) and I have received at least two Google Alerts informing me that “Beverly Michaelis” died. (I’m happy to report this Beverly Michaelis is alive and well.)
Ms. Russell concludes with some final words of wisdom – both to employers and prospective candidates. Her article is well worth reading. For tips on hiring (and screening) potential job candidates, see Know Who You Hire.
Shortly before I first blogged about Ms. Russell’s article, I attended Ethical Traps in Cyberspace, a presentation at the 2010 ABA Annual Meeting. Here are some further tips from that CLE, which touch on related areas of using the Internet to “dig dirt,” including discovery and social media policies in law firms:
Discovery
Counseling Clients
Social Media Policies
Internet Marketing for Lawyers
Facebook and MySpace
Later this year I will be submitting an article for the Oregon State Bar Bulletin entitled “Sorting Out Social Media: Tools & Etiquette.” For those of you who can’t wait, here is a sneak preview:
Sorting Out Social Media: Tools & Etiquette
If you are blogging, tweeting, or posting status updates to build your brand and reach new clients, you already know how daunting it can be to keep up with social media.
Understanding ethical boundaries is an important starting point, as are privacy considerations. See Helen Hierschbiel, “Social Media for Lawyers: A Word of Caution,” (Oregon State Bar Bulletin November 2009) and Sheila Blackford, “Social Media Safety: Avoiding Pitfalls in the Kingdoms of Facebook, LinkedIn, and Twitter,” (Oregon State Bar Bulletin June 2010.) But once you know the ethical and privacy concerns, how should you proceed?
Social Media Etiquette
While it may not be obvious at first glance, there is etiquette to using social media. To keep your audience engaged and avoid irritating your “friends” and followers, apply these tips:
Essential Tools for Managing Your Social Media Presence
Copyright 2012 Beverly Michaelis
What can you do to increase your visibility among search engines and drive traffic to your Web site? Search engine optimization? Incoming links? Obviously both help, but the former requires special expertise. The latter involves persuading others, which isn’t always easy.
So how about a solution that is completely within your control and doesn’t require paying for links or hiring a consultant?
Complete Online Profiles
The first stop on your journey should be completing online profiles that point back to your Web site. The most popular free site is LinkedIn. Others include Avvo, FindLaw, JD Supra, Justia, Lawyers.com, Lawyer Profiles from ConsultWebs, Legal Match, LLRX, Martindale, MyLegal, and Naymz. A word of caution: know what you’re getting into when you sign up for these services. Some are free. Some are not. Be mindful of advertising and solicitation rules – you may be required to use disclaimers or opt out of certain features entirely (such as lawyer rankings or client testimonials and endorsements). On the plus side, many of these services allow you to share more than just biographical information. By posting articles, pleadings, forms, and presentations or displaying blog posts and tweets you can take full advantage of your profile. While you’re at it, don’t forget to complete your Google Profile and Google Business Listing. If others request permission to reproduce or reprint your material, require proper attribution, included a link back to your Web site or blog.
Engage in Social Media
If you haven’t joined social media yet, I hope you do. It’s fantastic IMHO. If the King is Facebook, the Queen is Twitter. I won’t try to reinvent the wheel here. Instead, visit the Mass LOMAP blog (our law practice management counterparts in Massachusetts). Once there, click in the Search box in the upper left hand corner and enter “Facebook” to find all their great posts on setting up a Facebook business page. You can also learn a ton from the ABA book, Social Media for Lawyers. Save some bucks and get it at a discount through the Professional Liability Fund. From the PLF Web site, select ABA Products. Once at the ABA Web store, enter the PLF discount code. Mashable is also a wonderful source for how-tos and breaking news on all things social media.
Try Social Publishing
Social publishing could easily fall under online profiles or social media, since the whole idea is to set up a profile, then share with others. No matter how you slice it, sites like YouTube, Flickr, Slideshare, Scribd, and Docstoc are great places to post photos, videos, PowerPoint presentations, articles, and related content. When your items are published, share them via Facebook, Twitter, or LinkedIn. LLRX also welcomes contributions.
Keep it Free and Local
Are profiles or online listings part of your state or local bar association memberships? Specialty legal organizations? Bar sections or committees? If yes, take advantage!
Blog!
Obviously you’re a blog reader, or you wouldn’t be here. But are you blogger? It takes time and effort, but the best way to raise your visibility is to give search engines what they crave: frequently updated content. That’s what this post is all about – giving you as many avenues as possible to get your material out there. Tough to do using your Web site, which can be static by comparison. But a blog fits the bill quite nicely. You can read more about the process here and compare blogging services here.
Always Keep Ethics in Mind
If you’re not fully informed in the premises, read:
Monitor Your Online Reputation
Now that you’ve jumped in with both feet, you should keep tabs on yourself. Sound a bit strange? It won’t if you’ve Googled yourself before. In addition to the occasional Google, Yahoo!, or Bing, search, sign up to receive alerts whenever your personal and/or business name is used. Google and Yahoo! both offer Web monitoring services. Don’t overlook Social Mention, which monitors over 100 social media properties including Twitter, Facebook, FriendFeed, and YouTube or BoardTracker which searches and tracks threads on forums and message boards.
Good luck!
Copyright 2011 Beverly Michaelis
For any of you with personal or business pages on Facebook, I recommend implementing secure https:// browsing. It’s a quick change under Account Settings > Account Security. Click here for the directions.
Please note this feature is not yet available on all accounts. Facebook says it will be rolling out the https option to all users over the next few weeks.
Thanks to Dan Pinnington to bringing this to our attention.
In an earlier post, I shared the best of Ethical Traps in Cyberspace, a Presidential Showcase CLE at the 2010 ABA Annual Meeting. Among the tips – how to avoid running afoul of state and federal laws when using the Internet to research candidates or employees. The Presidential Showcase CLE provided a good overview of the topic, but I was delighted to see Tamara Russell of Barran Liebman tackles this subject in depth in the August/September issue of the Oregon State Bar Bulletin. Here are some excerpts from her excellent article:
Potential Equal Employment Opportunity Liability
“If an employer Googles an applicant’s name or reviews an applicant’s Facebook public profile, the employer could technically be “interviewing” that applicant. An Internet search, for example, could reveal that an applicant is on a cancer survivor’s Web site, or pictures of the applicant wearing a burqa – both of which place the applicant in protected class categories. If an unsuccessful applicant learns about that Internet search, the applicant might argue that the employer based its decision (either consciously or unconsciously) with a discriminatory bias.”
Genetic Information Nondiscrimination Act (GINA)
Currently, employers are liable for acquiring genetic information about an employee unless the information is commercially and publicly available. (The Internet fits within this definition.) However, final regulations have yet to be adopted, and it is possible the EEOC will exclude personal Web sites or social networking sites if password protected.
Criminal Background Checks
“If an employer Googles a candidate and discovers on a newspaper’s Web site that a candidate has a criminal background, the employer must be mindful of the civil rights laws that may be implicated if the candidate is disqualified from employment for that reason.” (See Ms. Russell’s discussion of the recent case, EEOC v. Freeman, in the original article.)
Credit Check Reports
Effective July 1, 2010, Oregon law prohibits employers from using or obtaining a job candidate’s credit history for employment purposes. Limited exceptions apply. “An employer who conducts Internet searches on a candidate, discovers information about an applicant’s credit history, and refuses to hire that personal because of the results of that search may violate this new law.” (And other civil rights laws discussed in the article.)
Bankruptcy and Civil Court Filings
Federal law prohibits employers from discriminating against an applicant based on the applicant’s bankruptcy history. Oregon laws provide additional protections for certain civil and administrative filings.
Stored Communications Act
Federal law “makes it illegal for any person to intentionally access stored communications without authorization.” The only exception? If the user authorizes access. “Any time an employer accesses a restricted Web site to look into the activities of an applicant or an employee, it must do so with the full and free consent of someone who already has access to that site. Getting that consent in writing is a good idea.”
Fair Credit Reporting Act
Employers who use third-party services to run background checks must follow FCRA notice and disclosure requirements. “Whether an employer implicates FCRA when it does an Internet search on a candidate apparently has not yet been tested in the courts. It seems unlikely, however; Google and Facebook would not likely fall within the statute’s definition of a ‘consumer reporting agency.’”
Will the Real Beverly Michaelis Please Stand Up
As Ms. Russell points out, the final trap to using the Internet as a screening device may be the search itself. Unless a searcher is precise and careful, it is easy to bring up multiple instances of a candidate’s name. For example, I like to think of my name as relatively unique, however there is a public profile for a “Beverly Michaelis” on Facebook (not me) and I have received at least two Google Alerts informing me that “Beverly Michaelis” died. (I’m happy to report this Beverly Michaelis is alive and well.)
Ms. Russell concludes with some final words of wisdom – both to employers and prospective candidates. Her article is well worth reading. For tips on hiring (and screening) potential job candidates, see Know Who You Hire.
Earlier this month, I had the opportunity to attend the ABA Annual Meeting in San Francisco. The CLE programming was excellent. In a later post, I will blog about Solo Day 2010. Today I want to share some tips from Ethical Traps in Cyberspace, sponsored by the Section of Labor and Employment Law. The Cyberspace panel featured Michael Z. Green, Paul R. Klenck, Carole Levitt, Mark Risk, and Julie Totten. Here are the highlights (some of which I live-tweeted during the conference):
Discovery
Counseling Clients
Social Media Policies
Internet Marketing for Lawyers
Facebook and MySpace
Ethical Traps in Cyberspace was an engaging program. Kudos to the top-notch panel members: Michael Z. Green, Paul R. Klenck, Carole Levitt, Mark Risk, and Julie Totten.
