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Do Lawyers & Law Firms need Employee Monitoring Software for Remote Employees - Even if it’s reliable is it worth it?

Last week, the New York Times (NYT) came out with an article about employers remotely monitoring their employee computers. The COVID-19 Pandemic has increased the "shift" from on-site work to work from home. And employers understandably want to make sure they are getting the same bang for their buck – that is, are their employees working just as hard at home as they do at the office?

The NYT's article highlights an employee-monitoring program made by Hubstaff. The employee installs the program onto their "work" computer (and we are going to come back to about what is a "work" computer a little later). The employer is then allowed to monitor the employee's computer use. The program works for the most part – the employer is allowed to see much of what the employee is doing throughout the day. But to summarize the intrusion level, the supervisor for Adam Satariano, the author of the NYT article, says it best, "ick."

"Ick" in the sense that Adam's supervisor was able to see an internet workout class Adam had been a participant. Granted, Adam forgot to log out of the program before he moved on for the day. Monitoring software may "o.k." for large firms who can afford to provide each of their employees with an individual laptop. But for those of us with limited resources, e.g., solos and small practitioners, we rely on our staff (or contractors) to have their own computer. And if I were one of those "employees," I would not be letting my boss put a monitoring program on my personal computer. But this type of intrusion does not reflect that there is a more significant problem at hand.

Apparently, when employers require their staff to use this type of tracking software, their "productivity" goes up! But "productivity" in the legal field cannot be solely defined upon computer use. Sure, research, typing documents, and reading and sending e-mailing are done on the computer. But, you are not always on the computer during meetings, traveling to and from those meetings, or traveling to or appearing in court. And what about courts and other venues that don't allow electronic devices. What if, GASP, you are reading a paper copy of a book? Or work better handwriting your thoughts? Or better yet, have a bunch of programs running and not actually working! The problem of using a tracking program in "law practice" is that it does not address the most crucial question: Is your staff actually practicing law?

I think lawyers are more concerned with quality work and meeting deadlines. These programs can only monitor quantity. It cannot track the "quality" of the employee's work product. And quite frankly, if you cannot rely on your staff to meet deadlines with quality work, no employee monitoring software program is going provide you with the protection you will need from a bar complaint resulting from shoddy work.

Shout out - Carolyn Elefant - Attorney, Blogger, and Vidocaster! Video-cast series on how COVID-19 has impacted lawyers ability to serve their clients.

I’m second row, third column from the left!

I'm happy to do a shout out to my friend, mentor, and recent podcast guest Carolyn Elefant!

You may recall that Carolyn is an attorney who practices in the areas of energy and eminent domain. Carolyn is also the blogger over at MyShingle.com, where for nearly 20 years has been inspiring solo and small firm lawyers and those who want to be! She will soon be releasing a video-cast series of interviews on how COVID-19 has impacted lawyers' ability to serve their clients. Carolyn conducted interviews with over ten attorneys from diversified backgrounds. Yours truly will be one of those guests! 😊

I'll be sure to post a link when the series is released and when her interview of myself is released. You should check them out! You will realize that you are not alone in this era of the "new norm," and you may learn something new to help you move forward in your practice of law!!!

Shout Out! Nicole "Niki" Black - Attorney, Author, Journalist, Legal Technology Evangelist!

Next week Niki Black of MyCase will be my guest on The Tech-Savvy Lawyer.Page Podcast!

Niki is not only an attorney but an author and journalist covering the intersection between technology and the practice of law. It was a great interview: She and I discuss how attorneys are underutilizing tech while working from home due to COVID, how products like MyCase can help you during these times, and how she sees the future of the practice of law post-COVID.  It will be published for free next week.

BUT THIS THURSDAY, Niki will be hosting a webinar for the D.C.Bar Practice Management Advisory Service, Small Firm Lunch and Learn Series. Her presentation is titled "Top Technology Tools for Remotely Practicing Law." Her demonstration will be about "…new and innovative tools that will help you streamline your law practice. By thoughtfully implementing these emerging technologies, you'll save time and money, making you a more effective and more responsive lawyer." 

Come listen to Niki; you will learn a lot!!!

Register here.