How to Work Remotely

For those of you struggling to figure out how your business can adapt to the age of COVID-19, here’s the good news: it can be done!

The keys, according to Washington Lawyer Jordan L. Couch, are:

  • Setting up a VPN & Remote Desktop
  • Grabbing What You Need from the Office
  • Taking Online Signatures
  • Using Cloud Storage
  • Scheduling Video Conferences and Investing in VoIP

Read more at the link below.

via How to Work Remotely as a Lawyer: An Innovator’s Guide to Law in the Time of Coronavirus — NWSidebar.

My two cents?

VPN and Remote Desktop

Remote access allows you to get to all your office files from home. Learn more by reading this post.

Grabbing What You Need at the Office

Plan before you go. If you have staff, ask for input then make a list. Find a cardboard box, sacks, or anything you can use to carry office supplies and the like – ideally virus-free and ready to go. If you’re not sure whether the carriers you’re using to bring stuff home are good to go, then disinfect. Be prepared to do it again or to “quarantine” carriers when you return home.

  • If you were last in the office four or more days ago – everything you bring home is virus-free. This assumes no one else has been in your space and had access to files or items in your workspace.
  • If you were in the office more recently, prepare to disinfect what you bring home or quarantine it for three days. The virus lives on plastic for three days and plastic is EVERYWHERE in our offices – keyboards, mice, phones, etc. Read more here.
  • Protect yourself. If you are in a firm, office share, rent space, or pay for custodial services, assume someone has been in your space and protect yourself according to CDC guidelines.

Digital Signatures

I first wrote about digital signatures in 2012. I’m a big fan. See the heading Digital Signing Apps in this post for recommendations.

Cloud Storage

If you already have Microsoft Office 365, use OneDrive. If you have Google Apps, use Google Drive. Mac user? Why iCloud of course. Otherwise, think about Box or Dropbox Business.

Phone conferencing

VOiP isn’t essential. If you use your cell phone for business, you’re already set. If you rely on an office landline, contact your provider about call forwarding. Minimally change your outgoing message so clients know you’ll be monitoring and returning calls remotely.

Video conferencing

I love Zoom for video conferencing! All my webinars are conducted through Zoom.

All Rights Reserved 2020 Beverly Michaelis

Attorney-Client Privilege and Cloud Storage

Do your clients or their agents use cloud storage for case-related documents?  Do they transmit information using unsecured hyperlinks?

If the answer is yes, your client may have waived its claim of privilege to the stored information. This is the lesson learned in Harleysville, where a federal court in Virginia held that an insurance company waived the attorney-client privilege when the insurer’s investigator used an unsecured account to share claim-related information.

Key Facts in Harleysville

  • Insurer’s counsel knew or should have known that the information posted to the cloud account was publicly available because counsel had themselves used the unsecured hyperlink to access and download the claims file.
  • As a result, counsel “failed to take reasonable measures to ensure and maintain the document[s’] confidentiality, or to take prompt and reasonable steps to rectify the error.”
  • The court analogized the insurer’s actions to “leaving its claims file on a bench in the public square” and warned that if a company chooses to use a new technology, “it should be responsible for ensuring that its employees and agents understand how the technology works, and, more importantly, whether the technology allows unwanted access by others to its confidential information.”

Source: Don’t Let New Technology Cloud Your Legal JudgmentProskauer commercial litigation blog.

Lessons Learned

As Proskauer points out:

  • Attorneys and clients are responsible for their own technological choices as well as those of the client’s agents
  • Technological ignorance on the law firm’s part is no excuse

What You Should Do Now

  • Conduct a cyber security audit of your firm’s practices and systems.
  • Establish a secure system for confidential file sharing if one is not already in place. Address other issues uncovered during the security audit.
  • Create file sharing policies and procedures.
  • Train everyone now; conduct annual training sessions thereafter.  Address protocols for uploading and downloading files.  All law firm members – attorneys, staff, administration, bookkeeping – need to know the warning signs of receiving or forwarding content from unsecured hyperlinks.
  • Talk to clients about file storage and sharing practices.  Do they use agents, like the investigator in Harleysville?  If so, how do they exchange documents? Consider offering an on-site client training lunch to go over dos and don’ts.

All Rights Reserved 2017 Beverly Michaelis