Revisiting eFiling Tips

Are you an eFiling expert? Even so, it never hurts to refresh your memory on the
“best of” eFiling tips. Here are some from our friends at Smokeball, purveyors of law practice management software:

Use a separate and distinct eFiling email address
This ensures that important court notices won’t get buried in your unread work or personal messages.

Check your spam and junk email folders
Court mail lands here more often than you might think.

Whitelist important senders
While not full proof, this step at least offers some assurance that messages are more likely to make it to your inbox. Learn more here.

Check the online court docket
This is a simple and effective way to verify that you’ve captured important court deadlines in your calendar.

Don’t wait until the last-minute
Last-minute filings are more likely to go wrong than right. Give yourself a cushion of time to do the job right – and recover from any mistakes.

Sound familiar? I’ve made these same points many times here, in CLEs, and elsewhere. See Nuts and Bolts of Oregon eCourt and Zero Tolerance for e-Filing Error.

Are you an eFiling novice?

If so, check out the “Oregon eFiling Checklist for First Time eFiler,” on the Professional Liability Fund website. From the homepage, select Practice Management > Forms > eCourt. For a thorough overview of eCourt malpractice traps, see my 2017 CLE.

The case for Oregon eService

Read the October issue of the Oregon State Bar Bulletin featuring “The Case for Oregon eService: An Underused Asset.” If you missed the Oregon eService CLE earlier this year, consider ordering the video or audio recording. Answers to frequently asked questions may be found here.

All Rights Reserved – 2018 – Beverly Michaelis

Failure to Check Spam Folder Leads to Missed Deadline

Court notices delivered via email are a known point of vulnerability for law firms: failure to timely check messages, accidental deletion of court notices, or haphazard review of spam folders.

Now The Researching Paralegal reports on the latest variation of this theme.

A trial court clerk in Florida served an order by email awarding a significant amount of attorney fees to the prevailing party (appellee).  The opponent/appellant claimed it did not receive the order, resulting in its failure to file an appeal.  What happened? The opponent/appellant’s email system automatically deleted the court’s email as spam.

The opponent/appellant asked the court to vacate the original order on the grounds of excusable neglect.  The trial court declined and Florida’s First District Court of Appeal affirmed. The Researching Paralegal cites these factors:

First, the review of the court clerk’s email logs confirmed that the email with the court’s order was served and received by the law firm’s server. Second, the law firm’s email configuration made it impossible to determine whether the firm’s server received the email. Third, the law firm’s former IT specialist’s advice against this configuration flaw was deliberately rejected by the law firm because its alternative cost more money.

The trial court concluded the law firm made a conscious decision to use a defective email configuration merely to save money, which was not “excusable neglect.”

Another nail in the coffin was testimony by the appellee’s attorney. His firm assigned a paralegal to check the court’s website every three weeks to safeguard that his firm would not miss any orders or deadlines.  The court held that the appellant had a duty to check the court’s electronic docket.

Emerald Coast Utilities Authority v. Bear Marcus Pointe, LLCCase No. 1D15-5714, Fla: Dist. Court of Appeals, 1st Dist (2017).

What can we learn from Emerald Coast?

  1. Whitelist important email. Set your spam or junk email filters to allow receipt of messages from approved senders or domains. Include courts, administrative agencies, key clients, opposing counsel, and any other senders whose email you don’t want to miss.
  2. Review spam quarantine summaries daily. Aggressive spam filters will occasionally block senders and domains you have added to your whitelist if the filter finds content in the email to be possible spam.  Addresses and domains may also change, causing new notices to be marked as spam.
  3. Don’t forget to look at your junk mail folder, another place where legitimate messages can land.
  4. Check online court dockets. Weekly will work for most firms; others may need to login daily, depending on case volume.
  5. Listen to your IT staff.  Here, the IT specialist argued against automatic deletion of junk and spam messages and recommended hiring a third-party vendor to handle spam filtering.  He also suggested investing in an online backup system, another idea rejected by the law firm.  Following either of these recommendations may have prevented the firm from missing the deadline.

A few more takeaways

  • It should be clear, but just in case:  everyone needs a backup system. If you can’t afford the cost of an online subscription, buy an external hard drive on sale and use the backup utility built into your operating system.  For backup protocols and additional backup options, see How to Backup Your Computer from the Professional Liability Fund (Practice Management > Forms > Technology).
  • Can’t afford a third-party vendor for spam filtering or another IT task?  Understandable, but the work itself still needs to get done. This may mean you, your partner, or your staff.  Technology is a tool, not a substitute for human judgment.

There are some other interesting twists and turns in Emerald Coast.  For examplethe law firm also refused to join in on a motion for a case management conference – a step that would have likely revealed the existence of the attorney fee award.  Additionally, automatic deletion of spam wasn’t the only email configuration procedure that caused problems for this office.  If you have a few moments, read the full opinion here.

Beverly Michaelis – All Rights Reserved 2017

Best of 60 Tips in 60 Minutes – 2017 ABA TECHSHOW

Yesterday I shared the Best in Mobile Apps for IOS and Android from the 2017 ABA TECHSHOW.  Today: the Best of 60 Tips in 60 Minutes with ideas on:

  • Blockchain Technology [A direct payment solution that bypasses banks]
  • Document and Workflow Automation
  • Document Indexing
  • Email
  • eSignatures
  • Facebook Advertising
  • Hardware Hacks
  • Lawyer Websites
  • Meeting Apps
  • Microsoft Office
  • Mirroring Content from Mobile Devices
  • Mobile Scanners
  • Note Taking
  • Online Collaboration
  • Online Intake
  • Organization
  • Outsourcing Tasks
  • Practice Management Software
  • Productivity
  • Proofreading
  • Saving Money
  • Scheduling Assistants
  • Security
  • Social Media Management
  • Slide Presentations
  • Spam
  • Timekeeping
  • Travel
  • Virtual Assistants
  • Web Conferencing

For a recap, click here or on the image below.

13 Resources for Protecting Data – Courtesy of the FTC

With data breaches in the news on an almost daily basis, how do you protect your law firm’s assets? What advice should you give to your clients?

The FTC offers a list of 13 data security resources to help you get started. From mobile apps to digital copiers and shutting down spam, there is a ton of good advice to be culled from these posts and PDFs: Continue reading

What Lawyers Can Learn from the Yahoo Email Hack

Yahoo, the second largest email service worldwide, reported a security breach last untitledweek which exposed personal information from sent email folders.

The Associated Press reports:

Yahoo Inc. said in a blog post on its breach that “The information sought in the attack seems to be the names and email addresses from the affected accounts’ most recent sent emails.”

That could mean hackers were looking for additional email addresses to send spam or scam messages.  By grabbing real names from those sent folders, hackers could try to make bogus messages appear more legitimate to recipients.

If you correspond with friends, family, clients, or colleagues who use Yahoo’s mail service, scrutinize incoming e-mail carefully to avoid phishing scams. 

This breach has another takeaway for lawyers – you are only as secure as your third party vendors.  The Yahoo and Target breaches were both the result of third-party vendor hacks.  In the case of Yahoo, the information was collected from a third-party database.  In the Target hack, credentials were stolen from a third party vendor.

Lawyers should take this to heart when evaluating their own cyber liability and security – specifically with regard to HIPAA compliance.  If your servers are hosted in the cloud, or you use cloud-based practice management, accounting, or backup solutions, inquire into the security procedures of your vendors.  Remember that encryption is your friend.  All data stored in the cloud should be encrypted – minimally by your vendor.  Better yet: go the extra mile.  Seek out cloud providers who permit you to add your own third party encryption, like Viivo or TrueCrypt, so that you (and only you) hold the final encryption key.

All Rights Reserved [2014]

Beverly Michaelis