CLE Sale – Buy 2, Get 1 Free

MCLE season is upon us. Starting today through December 31, buy two CLE programs and get a third one free by entering the code BUY2 GET1FREE at checkout! All CLEs are current and accredited by the Oregon State Bar. Visit Oregon Law Practice Management On Demand CLE and choose from any of these programs:

Oregon-Specific Ethics Credits

General Ethics Credits

Practical Skills/General Credits

Personal Management Assistance Credits

Save with the BUY2 GET1FREE discount

Browse the CLEs, select 3 programs, then click the shopping cart icon at the top right of your screen. Choose Checkout, enter BUY2 GET1FREE in the discount field, and click Apply.

Instant digital delivery with options to save to the cloud or your mobile device

Links to digital files are delivered instantly at checkout with your purchase confirmation email. Download, stream, save to Dropbox, or send files to your mobile device or desktop computer.

Add credits now to your MCLE transcript

After you screen a program, you can add it immediately to your online Oregon State Bar MCLE transcript record. Download the instructions here.

Your on demand CLE purchase includes

  • MP4 download (combined audio and video file)
  • M4a download (audio only)
  • Written program materials, including presentation slides and resources
  • Answers to polling questions asked during the live CLE
  • MCLE information

Free eBook!

If you visit my online store, be sure to download your free copy of Tips for Improving Client Relationships.

Secure payment processing

All transactions are handled by Selz and protected with encryption. Selz is SSL secure and PCI compliant. Visa, MasterCard, American Express, and Discover accepted. Click here to buy CLEs and save money!

All Rights Reserved 2019 Beverly Michaelis

 

 

Ethics of Disaster Recovery and Data Breaches

Coming December 10 at 1:00 pm Eastern, 10:00 am Pacific – a lawyer’s ethical duties in responding to disasters and data breaches. Featuring ABA Formal Opinion 483: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack and Formal Opinion 482: Ethical Obligations Related to Disasters (2018).

This session will offer real-life examples on how to recover from a disaster or a data breach — ethically.

Disasters and data breaches bring with them conflicting priorities to resolve. Duties of disclosure compete with those of confidentiality for your attention. The responsibility to provide legal services for which your clients have contracted may be adversely affected by disaster. Model Rules 1.4 and 1.6 provide the standards and the recent ABA opinions flesh out your ethical duties in the event of a disaster (natural or man-made) or a data breach (which is of course a very specific form of a disaster!).

Join our panel of experts as they guide you through these opinions with practical examples of how best to ensure you and your clients are protected in the face of this new world and all it has to throw at you.

This is a free CLE for ABA members. Register here.

All Rights Reserved 2019 Beverly Michaelis

Coping with Holiday Stress

You may feel there’s nothing you can do about stress. The bills won’t stop coming, there will never be more hours in the day, and your work and family responsibilities will always be demanding. However, you have more control over stress than you might think. No matter how stressful your life seems, you can take steps to relieve the pressure and regain balance.

How? By using the four A’s: avoid, alter, adapt, or accept.

For specific advice on how to cope with holiday expectations and holiday-related stress, review these articles from the Oregon Attorney Assistance Program:

All Rights Reserved 2019 Beverly Michaelis

Capture Text Messages for Use in Court

A reader recently asked for an app to capture text messages – a very understandable request. Here are some DIY options to consider.

Screenshot Method

Most everyone is familiar with this irritating and incomplete approach, which involves taking partial images of texts that end up overlapping. Screenshots are a pain, often lack date and time stamps, don’t capture contact information or other metadata, and must be combined somehow to form a PDF. Not a great way to go. Next, please.

Decipher TextMessage and Tansee for iOS

The Decipher TextMessage app uses five simple steps to capture text messages for export to PDF. Unlike the screenshot method, it automatically grabs date and time stamps, attachments, and accurate contact information for senders and recipients. It can also recover deleted conversations.

Decipher TextMessage is $29.99 and uses the iTunes interface. If you’re dubious about spending thirty bucks sight unseen, take advantage of the free trial, but this app has a lot going for it. Read more about Decipher TextMessage here.

Tansee iPhone Transfer SMS is another great DIY solution at the same price point for a three-year license. It uses its own proprietary software installed on your desktop rather than iTunes.

The clean printout rendered by (Tansee) allows for a seamless production. (Users can) Bates-stamp each PDF page and produce the thread in one comprehensive file, rather than in disjointed screenshot images pieced together in an unorganized manner. Use of this software allows for a more efficient in-house review process, as well as a more transparent production set to opposing counsel.

A disadvantage of this software is that it does not retain the actual native file, merely an organized photocopy with some of the relevant metadata attached to each message.

Cell Phone Extraction for the Small Firm.

SMS Backup+ for Android

SMS Backup+ is a free app in the Google Play Store that allows users to store texts in a gmail account. Conversations can be printed to PDF using a web browser. Sounds simple enough, but since this is a backup program it can only capture what is presently stored on a phone. There is no mechanism to restore deleted conversations. Another downside: reviewers say the app is buggy. However, as one noted: “I tried other SMS Backup apps, but they are not the same or as good! This app is significantly better (in my opinion).”

Other Options

For other print-to-PDF choices consider:

iOS

Print Utility Lite, Xerox Print Portal, To Print, Mobikin or iPhone Backup Extractor.

Android

Mobile PrintShare, Printhand Mobile, or Mobikin.

Evidentiary Concerns

The evidentiary concerns surrounding use of text messages are substantial. As mentioned, accurate date and time stamps and true identities of senders and recipients are critical. Capturing location data, attachments, and special characters can be troublesome. See How to Print Text Messages for Use as Evidence.

As this post points out, before extracting evidence from smart devices consider employing expert forensic help – not just to get it right, but to secure an independent witness if authenticity isn’t stipulated.

All rights reserved 2019 Beverly Michaelis

National Survey of Judges Released

Quote

Since the release of “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change,” LAPs, ABA entities and other interested individuals and organizations have worked at warp speed. One recommendation, a national survey of judges, has been in the works for over a year. While we all know judges experience stress, limited data was available […]

via National Survey of Judges released at the 2019 ABA CoLAP National Conference for Lawyer Assistance Programs — CoLAP Cafe