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

 

 

Best Free Productivity Apps for the iPhone and iPad

Last week we took a look at nine free iOS apps to help you track expenses and mileage, organize bills, calculate on the go, budget, make smart purchases, and track packages. This week we focus on free productivity apps for project management, paperless meetings, better communication, security, task management, file sharing and storage, workflow, video conferencing, scanning, PDFs, eSigning, notetaking, sketching, languages, and business travel.

Project Management

Trello is the free, flexible, and visual way to organize anything with anyone. Forget lengthy email threads, out-of-date spreadsheets, sticky notes, and clunky software for managing your projects. Trello lets you see everything about your project in a single glance.  Compatible with Apple Watch.

Paperless Meetings

minute-iconUse Minute to conduct easy paperless meetings. Instantly invite attendees, turn agendas into meetings, import and share documents from Dropbox, Evernote, email, etc. Collaborate on notes, to-dos, decisions, and documents. Delegate tasks to attendees. After the meeting read and revise notes and export meeting minutes.

 Better Communication

Rather than worrying about your data allowance or cell signal, WhatsApp lets you send messages over Wi-Fi or a mobile data connection instead. Send and receive photos free over Wi-Fi* with no size restrictions. (*Or if you have unlimited mobile data.)

Security

1passwordKeep track of passwords, security codes, and alarm codes in one place with 1Password. Search to find what you’re looking for on any connected device. Save and fill passwords, credit cards, and addresses into webpages with a single click. Keep your data safe and encrypted. Unlimited installations with paid subscription. Compatible with Apple Watch. (Free 30 day trial; $5 per month subscription.)

Task Management

todoist-iconAdd, complete, and re-schedule tasks from any device, even offline with Todoist. Automatic 24/7 sync. Create sub-tasks and sub-projects, set priorities, and color-code projects. Share projects, assign tasks, and add comments all within the app. Instant notifications will keep you up-to-date whenever changes are made. Compatible with Apple Watch.

easilydoEasilyDo connects to online services, like your email, calendar, and Facebook, then looks for things it can help you get done. For example, it might ask you if you’d like to add contact details of someone who emailed you to your address book. Or it might spot an upcoming birthday. (Best for personal use.)

File Sharing and Storage

Transfer files instantly across Mac, iOS, Android, and Windows platforms using simple drag and drop with Instashare Air Drop. Transfer any file type (MP3, images, PDF, slide decks, docs, and more). Any size. Completely secure – files are transferred only between devices – no copy is kept in the cloud. Supports older devices: back to iPhone 3Gs and iPad. No need to register, just open the app, and start sharing. No email account, no passwords required.

hightailUse Hightail (formerly YouSendIt) to upload files to a shared project area called a Space then name it and add context or project goals. Solves the problem of oversized email attachments. Upload to Hightail instead and send your recipients a link. Supports PDF, docx, PPT, png, and other file formats. Documents can be secured with an access code.  (Free 250 MG storage.)

Workflow

Use Clips to clip from anything from anywhere: quotes, links, stories, images. Ideal for users who write a lot on their iPhone and iPad or hate switching between apps to copy-and-paste. The custom keyboard doesn’t log any of your input and requires no use of the Internet. Sync across all iOS devices through your private iCloud account with the Pro version.  Compatible with Apple Watch.

ifttt“If this, then that.” Use ifttt to automate just about anything: create events in Google Calendar with only a few taps; keep your team in sync with scheduled reminders for Slack; catalog important email from your inbox in an Evernote notebook to go over later; sync files quickly. Ifttt makes two separate apps work together!

Video Conferencing

zoomZoom offers quality video and audio conferencing – available for mobile devices and on the desktop.  Screen share apps and photos, send files, annotate, mute attendees (or not), easily invite phone, email, or company contacts.  (Free for 50-person or less meetings that last no longer than 40 minutes.)

Scanner and Whiteboard Converter

CamScanner turns photos of sketches, receipts, sticky notes, and whiteboard notes into editable files. Make digital copies of printed documents, business cards, or posters and trim them precisely. Printed text is automatically recognized (using OCR) so you can search for words in images and copy and edit them.  200MB free storage.

PDFs and eSigning

Adobe Acrobat Reader DC is a PDF viewer made specifically for the iPhone. Take a picture of your handwritten signature on your mobile device, and then sync it to sign PDFs at your desk or on the go. Annotate PDFs or mark-up files.  Draw on the screen with the drawing tool. Store, access, and share files from your Dropbox account.  (In-app purchases may apply.)

signnowUse SignNow to sign documents with your finger. Fill and complete PDF, Word, or rich text documents. Open documents from your inbox, Dropbox, and more. Easily collect signatures from multiple people. Secured with bank quality encryption.  (Sign up to five documents per month at no charge.)

Notetaking and Sketching

Use Paper 53 to draw on photos or quickly spotlight details. Sketch diagrams, charts, and drawings. Want to add titles to notes?  Swipe left. Want to add a checklist? Swipe right.

Learn Languages

duolingoUse the free Duolingo app to read, listen, and speak Spanish, French, German, Portuguese, Italian, Irish, Dutch, Danish, Swedish, and English.  Learn languages in bite-sized lessons: Apple’s iPhone App of the Year.  (In-app upgrades available.)

Business Travel

Hopper hopper-iconconstantly monitors prices to find great deals on airfare. Shows you the best time to go, predicts the right time to book flights, and where to buy.  Includes personalized tips.  Promises savings of 40% or more on your next flight.  A best app of the year winner in 2015.

Input your itinerary and GateGuru will automatically provides you with the check-in airport terminal, airport weather, gate arrival and departure information, real-time flight status, estimated TSA security wait times, airport food and amenity information, airport maps and tips, last minute rental car bookings.

All Rights Reserved 2016 Beverly Michaelis

The 7 Rules of Using Dropbox

Dropbox – what could be new?  With the announcement of a new API last month, someimages believe it may become an alternative for iCloud.  For the rest of us, Dropbox simply remains the incredibly popular file sharing and collaboration tool.

But before you dive in, or if you’re already swimming in the Dropbox pool, use some common sense.  Follow these 7 rules of using Dropbox securely and without regret:

  1. Get educated about the Cloud.
  2. Read and understand your state’s ethics opinion.
  3. Know the difference between free, pro, and business accountsFree account users have a limited 30 day archive.  Pro and Business Users can add Packrat to recover any file “as far back in time as you like.”
  4. Before sharing folders or links, review Dropbox help and learn how to unshare a file or remove a member from your business account.
  5. Establish strong user names and passwords unique to the Dropbox site.
  6. Understand Dropbox security and privacy policies …
  7. But add your own “client side” encryption to fully protect files.

All Rights Reserved Beverly Michaelis (2013)

The Best of ABA TECHSHOW 2011

Whew!  ABA TECHSHOW is in the record books for another year.  I enjoyed the Keynote and EXPO – always good to see product demonstrations and meet new vendors. And the weather was a welcome break for those of us who have yet to experience spring.  As always, there is much to enjoy in Chicago by way of art, architecture, and museums. All In all, it was a perfect Silver Jubilee. 

If you were following along, I live-tweeted these sessions:

Just click the links above to access my “Live Tweet Review” from each of these presentations – sans the hash tags, Twitter feed clutter, and occasional typo.

Hey – I sent well over 100 tweets using my iPhone with 3GS, not bad for a butterfingers – and you got to stalk (I mean follow) my whereabouts on Foursquare.

But what I really want to do now is share my favorite tips from 60 x 2, otherwise known as “60 Sites in 60 Minutes” and “60 Tips in 60 Minutes.”  So without further ado:

All Things iPad

  • Take notes on your iPad using a handwriting app. Try PenUltimate ($1.99) – choose from three different pens, writes in color, uses photorealistic paper, saves notes to PDF.
  • Looking for a killer iPad case and keyboard?  I know I want this leather iPad case from Brookstone with Bluetooth keyboard.
  • Want to view, edit, and sign PDFs on your iPad?  Try the ultra-cool SignMyPad for $3.99.  Visiting a client outside the office?  Capture signatures on fee agreements with SignMyPad, and then e-mail the signed contract to yourself and the client.
  • Just bought the new iPad2 and still learning how to use it?  Subscribe by e-mail or RSS to Josh Barrett’s Tablet Legal blog and learn all there is to know.  (Another favorite of mine: iPhone J.D.)

Automate Certified Mailings

Can the Spam

  • Everybody hates spam (junk e-mail that is, not the food).  One way to nip it in the bud is to use a free, disposable e-mail address.  Give it to vendors or use it for sites that require an e-mail registration when you don’t wish to provide your “real” e-mail address.  Spamgourmet was recommended at TECHSHOW.  Alternatively, if you want to keep your “real” e-mail address, but mask it from spammers try scr.im.  This free tool keeps your e-mail address invisible and stops spam bots dead in their tracks.

Collaboration

  • Looking for a way to better collaborate with in-house counsel?  It’s Legal OnRamp to the rescue.
  • Start using Web conferencing services like GoToMeeting (or my favorite: WebEx which supports audio over VoIP, toll, or toll-free numbers, video conferencing, desktop sharing, recording and collaboration over a secure connection.)  For what purpose you ask?  There are many, but one suggested at TECHSHOW – use Web conferencing to meet with your experts before they put pen to paper and write reports.

Download Online Videos

  • Download online videos to store locally on your computer with Zamzar or KeepVid. (Without these services, you can’t pull content down from You Tube.)

eFax Services

  • Want fax capability without the hassle and expense of maintaining a separate machine?  Use an eFax service like EasyLink or Fax2Mail. Send and receive faxes as PDFs, view faxes as e-mail attachments, accessible anywhere, keep your personal fax number if desired. (My suggestion:  Compare eFax services here.)

eSignatures

File Sharing and Sending

  • Dropbox was all over TECHSHOW.  It was mentioned at almost every session I attended.  If you’ve been living in an undisclosed location recently and don’t know what all the hub-bub is, here’s the scoop: Dropbox is a simple, easy, FAST way to store, sync, and share files online.  Initial storage of 2GB is free.  Get more by referring others or buy storage to suit your needs.  I’m a huge fan.  I have Dropbox on three desktops, my iPhone, and my husband’s iPad. In fact, I just used it to transfer and share my TECHSHOW photos taken with my iPhone.  A great way to collaborate, work on documents remotely or share documents with clients and others.  Want another file sharing option?  Try Ge.tt or SkyDrive.
  • If you don’t want to use Dropbox and wish to send a large file directly to a client, then you’ll need a file sharing service.  Consider the tried-and-true YouSendIt.  (I recommend you also take a look at the newer kid on the block: SendNow from Adobe.)
  • Use FileGenius to offer clients file transfer capability on your Web site without setting up an Extranet.  Sign up for the service, set up a link on your Web site, then send the link to your clients.  All they have to do is click and enter a username and password.  Once clients are on your site, they can view and transfer documents.  Starts at $159/month for 20GB of file space.  Free trial available.

Humor

Keeping Up with Technology

Legal Research, Dictionaries, Encyclopedias, Articles and More

Marketing and Web Sites

  • Ever wish there was You Tube for the legal profession?  There is.  It’s called Legal Tube.
  • Analyze your Web site at no charge with Webmastercoffee and fix what doesn’t work.

Miscellaneous Good Stuff

Money

Online Annotation and Bookmarking

Outlook

  • Are you an Outlook user?  Do you ever wish you could streamline saving attachments to your hard drive?  Try EZDetach from Techhit. This Outlook addin allows you to save attachments from one or more messages (or folders) with a single mouse click.  $39.95 with 30 day risk-free trial.  While you’re at the Techhit site, be sure to take a look at their entire suite of Outlook utilities.  I couldn’t live without SimplyFile, the intelligent filing assistant.  And unlike other Outlook addins, I haven’t experienced major program conflicts requiring me to abandon or uninstall the product.
  • Wish you could bypass the Recycle Bin and permanently delete Outlook e-mail?  Use <Shift> <Delete.> 

PDF

Presentations: Beyond PowerPoint

  • Need to create a presentation?  No one wants to “read” your slides.  Ditch the text and get creative with tips and video blog posts from Presentation Zen.
  • Maybe you’ve got the “Zen” of it down, but you’re looking for a cloud-based presentation tool?  If so, try 280 Slides or Prezi.

Scheduling

Security

Social Networking

  • Social networking eating up too much of your time?  Turn it off for a while with Anti-Social (Mac users only) or Freedom (supports Windows and Mac.)
  • What are they saying about you in the cloud?  What did you post?  Find out using social search engine greplin.  (Register for free, premium accounts available.)

Smart Tricks

Summarize and Examine Text

  • Condense, examine, combine, and summarize text quickly with Topicmarks.  Sort of a “crib notes” for readers.  Receive your summary by e-mail.  Easily set parameters to control summary length.  Accounts are free.

Travel

  • Tired of Expedia or Orbitz? Get hip with Hipmunk.  Rated as “fantastic and surprisingly usable” by Lifehacker. Hipmunk has a helpful blog with travel tips, news, and insights as well as a “Pedestrian’s Guide to the USA.”  If you’re an iPhone user, check out the app.
  • If you are a frequent traveler, then you also may want to know about MedjetAssist – medical evacuation from (almost) anywhere in the world.  Recommended this year and previously at TECHSHOW, it can literally be a lifesaver.

 Voice to E-Mail and Call Recording

Windows 7

  • Help! Windows 7 no longer shows me the full path of the current folder and file in the address bar! No worries, the solution is just a mouse click away!  Right click any part of the address bar and choose Edit Address.  Copy and paste the path as desired.
  • Still trying to wrap your head around the many features of Windows 7?  PC World offers Windows 7: A Complete Survival Guide.

Final Thoughts

If you haven’t been to the ABA TECHSHOW before, I hope you come sometime.  Save the date for next year: March 29-31, 2012.  Register early and take advantage of the Professional Liability Fund program promoter code to save money.  (Details will be posted on the News page of our Web site at the end of 2011/beginning of 2012.)  Meanwhile, enjoy this glimpse of Chicago.  Hope to see you there in 2012!

Copyright 2011 Beverly Michaelis