Legal News and Upcoming Events

Is Mandatory Malpractice Coverage Coming to Washington?

Mandatory malpractice coverage is well known by Oregon lawyers and may be coming soon to members of the Washington bar (WSBA).

In July, the WSBA Mandatory Malpractice Insurance Task Force presented a tentative recommendation to the Board of Governors (BOG) to mandate malpractice insurance for Washington-licensed lawyers. The task force expects to present a final report to the BOG in four short months.

Next steps include:

  1. Considering feedback from the Board of Governors;
  2. Ramping up information efforts among WSBA members, and obtaining and considering additional comments received;
  3. Detailing the recommended malpractice insurance mandate, including the specific
    required coverage minimums;
  4. Identifying in detail the recommended exemptions from the professional liability
    insurance requirement; and
  5. Drafting a proposed Court Rule for the Board of Governor’s consideration

Members may submit comments to insurancetaskforce@wsba.org. The task force continues to meet monthly through the end of the year. Read the interim report here.

Free Access to PACER

This past week, the ABA Journal reported a potential end to PACER fees:

A new bill before the U.S House of Representatives would prohibit the federal courts from charging for public documents. The Electronic Court Records Reform Act would require that documents downloaded from the PACER database be free. Currently, the repository for federal court documents charges up to 10 cents a page.

The article notes that PACER has become a reliable money-maker for federal courts, pulling in $150 million in fees in 2015 alone.

Of further interest to federal court practitioners, the proposed bill would require documents to be posted to PACER within five days of being filed in federal court in a manner that allows for easy searching and linking from external websites.

Additionally, it would require consolidation of the Case Management/Electronic Case Files (CM/ECF) system, allowing for one-stop shopping when searching for federal court cases. Presently, each court operates its own separate CM/ECF system.

Free Data Breach CLEs in Bend and Medford

The Professional Liability Fund is offering two free data breach CLES in October:

These CLEs will explain data breach, what you can do to protect your client’s information, your ethical duties, and what to do if a breach occurs. For more information, follow the links above. Register for the Bend CLE by emailing DeAnna Shields at deannas@osbplf.org. Register for the Medford CLE by emailing Eric B. Mitton at eric.mitton@cityofmedford.org.

All Rights Reserved – 2018 – Beverly Michaelis

The Best Legal Blog Posts of 2016

2016-word-cloudIf you’ve followed my blog for a year or more, you know I generally publish a “Year in Review” post.  This December I thought I’d take a slightly different approach. Instead of a comprehensive list, I’m filtering it down to my personal favorites. And while it may be controversial, I’m calling this compilation The Best Legal Blog Posts of 2016.  There is plenty of good stuff out there, but this is the best that has appeared here.  Mostly my content, but also sourced from other great writers.

Client Relations

eCourt and court procedures

Finances

Marketing

Security

Staffing

Technology

Time Management

All Rights Reserved 2016 Beverly Michaelis

Scams Will Never Stop

It would be lovely to report that scams are a thing of the past, but we don’t live in a dream world.

From the latest round of fraud involving cashier’s checks in our sister state to the Russian password hackfake court notices, and bar complaint scam, scammers will

always find a way.

One of the best resources for scam prevention comes from the agency charged with doing something about this consumer menace, the FTC.  From the scam alert home page, you can:

  • Subscribe to scam alerts by email
  • Browse scams by topic
  • Report a scam (which too few of us bother to do – scroll to the bottom of the page)

Remember the classic signs of an email scam, which continue to be the most common:

  • The source is not a known client
  • The potential client is outside the U.S. and can “only communicate by email.”
  • The information given seems legitimate, until you independently verify it
  • The potential client’s story is ever-changing [I have a dispute or debt collection matter, oh, before I could sign your engagement letter we were able to settle it.]
  • The potential client wants you to deposit a cashier’s check or money order today and wire the proceeds tomorrow

It bears repeating:

  1. You can always pick up the phone if you receive a suspicious email, even from someone you know.  A PLF staffer did this recently when he received an email directing him to download a document from a lawyer’s Google Drive account. Upon contacting the lawyer by phone, he learned the lawyer’s email had been hacked.
  2. Install, update, and use anti-malware, anti-virus, and other security software.
  3. Be equally wary of phone calls that threaten action if you do not immediately provide credit card information.  Remember the phone scam that hit Washington lawyers?  Scammers have posed as the IRS, bar staff trying to collect bar dues, the sheriff seeking to fine someone for not showing up for jury duty, etc. etc.  No state or federal agency collects payment for legitimate debts over the phone. If you are worried about a potential fine or purported collection account, hang up and independently call the agency who appears to be contacting you.
  4. Scammers will also exert the effort to appear in person on your doorstep.  See, “Phake Trust Accounts,” New Twists on Scams: Call Me Maybe (Not!).  Be prepared!

[All Rights Reserved 2016 Beverly Michaelis]

Cyber Security and Data Breach Response

lock“Cyber threat is one of the most serious economic and national security challenges we face as a nation.”  Barack Obama, President of the United States

The Identity Theft Resource Center has documented over 500 data breaches in 2014 through early September.  This represents a 26.2% increase over the same time period last year. The news isn’t any better for the legal profession.

The latest ABA Legal Technology Survey Report notes that “Nearly half of law firms were infected with viruses, spyware or malware last year.”  Fourteen percent of law firms “experienced a security breach last year in the form of a lost or stolen computer or smartphone, a hacker, a break-in or a website exploit.”

Where to Start

With such staggering numbers, it is easy to become overwhelmed.  If you are concerned about cyber security but don’t know where to start, begin here at the ABA Web site. If you are a prolific user of mobile devices, be sure to check out the ABA’s suggestions for Security on the Go.  To understand the state of security in US law firms, read this post by Bob Ambrogi.

Make Encryption Your Best Friend

Encryption is a powerful way to protect sensitive data belonging to you and your clients. The ABA post Playing it Safe provides a good overview.  Since TrueCyrpt is no longer available, check out the following reviews of encryption software: LIfehacker, GFI, PC World, and Gizmo.

You’ve Heard it Before: Use Strong Passwords

It seems we are reminding lawyers every other day about the importance of using strong passwords unique to each account or Web site.  See these recent posts on the ABA Law Technology Today blog:

Firewalls, Anti-Spam, Anti-Virus, Malware Protection

The best protection is comprehensive.  This excerpt from The 2014 Solo and Small Firm Technology Guide provides guidance.  Don’t be afraid to hire an IT expert to help.

Purchase Cyber Liability and Data Breach Coverage

The Professional Liability Fund (PLF) Excess Claims Made Plan automatically includes a cyber liability and data breach response endorsement with these features:

  • Forensic and legal assistance to determine compliance with applicable law
  • Notifications to individuals as required by law
  • 12 months credit monitoring to each notified client
  • Loss mitigation resources for law firms

If you aren’t eligible or don’t wish to purchase excess coverage through the PLF, contact a commercial carrier.

Protect Yourself Against Scams

The security measures outlined above are a good start toward protecting your firm and your clients from scams.  For more complete protection, get educated.  Order the free PLF CLE: “Protecting Your Firm and Your Client from Scams, Fraud, and Financial Loss,” and talk to your bank about fraud protection services.

[All Rights Reserved – 2014 – Beverly Michaelis]

 

 

Cyber Security – Horrifying Stats and Tips for Dropbox Users

For the last two weeks, I have been featuring a potpourri of posts gleaned from tweets posted during the ABA TECHSHOW.  Today we explore cyber security with extra bonus tips for good measure.

Cyber Security – Numbers, Trends, Protecting Your Firm

Tips for Dropbox Users

  • Dropbox security: use third party apps – like Viivo – to encrypt. You own the key. @VIIVOkey happens to be in attendance.… @MrsMacLawyer RT @rocketmatter
  • Dropbox security: use 2 step authentication but put recovery code in safe place. It’s not retrievable. @larryport RT @rocketmatter
  • Also see my post, The 7 Rules of Using Dropbox and search this blog for related Dropbox posts.

Thanks 2014 ABA TECHSHOW tweeters for the tips!  And check out these resources for lawyers posted by the author on Scribd.

All Rights Reserved – Beverly Michaelis [2014]