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.
A reader recently asked for an app to capture text messages – a very understandable request. Here are some DIY options to consider.
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.
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).”
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. SeeHow 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.
Automation is the answer to improving workflows and productivity. If a given action requires entries in multiple systems – say opening a new client file – automate it. Tired of performing the same redundant task? Automate it. Want to save time? Automate! To learn how, read the story of Joe Lawyer.
Virtually anything can be automated – document production, emails, marketing, or client management. Avoid overwhelming yourself or staff by starting small. Pick one area of office operations. Diagnose what works and what doesn’t. Get staff input. Identify any steps you may be performing out of habit that no longer serve a purpose and eliminate them. That alone will improve efficiency! Now that you’ve whittled it down to the essentials consider how technology can help. Do some research, starting with a better understanding of what your existing software can do. Check out Joe’s story for ideas, then visit the ABA Legal Technology Resource Center. You can also call your friendly practice management advisor for suggestions.