The PA Bar's Advisory Opinion Provides Some Good Tips to Working From Home!

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The Pennsylvania State Bar came out with an advisory opinion directed at attorneys working at home given the COVID-19 pandemic.  It’s a good read for all of us as it reminds lawyers what we need to be doing to secure our client’s privacy and to ensure we don’t run afoul of our respective State and Territorial Bars.

I’ll list some good points from the Bar to follow further below.  But, my read of the big takeaways are:

  1. You need to be Competent enough to keep Client Communications and information Confidential.

  2. You need to take “reasonable” precautions.  It does not mean you have to have Pentagon-Grade IT Security.  But, it does not mean you can’t take any steps to secure your client’s info.  Simple steps like password protecting your computer and home Wi-Fi, using secure passwords, and running a VPN when you are using a public Wi-Fi should be your bare minimum basics.

  3. You don’t need to be an expert.  If you need help, finds those (like me 😉) who you may be able to retain to assist you!

I did notice one bullet point below of unique interest:  “Prohibiting the use of smart devices such as those offered by Amazon Alexa and Google voice assistants in locations where client-related conversations may occur.”  What I found interesting, is the opinion doesn’t mention Apple’s Siri.  I’ll be writing about that in a future blog post.

Now, onto the PA Bar’s list of suggestions:

  • Specifying how and where data created remotely will be stored and, if remotely, how the data will be backed up;

  • Requiring the encryption or use of other security to assure that information sent by electronic mail are protected from unauthorized disclosure

  • Using firewalls, anti-virus and anti-malware software, and other similar products to prevent the loss or corruption of data

  • Limiting the information that may be handled remotely, as well as specifying which persons may use the information

  • Verifying the identity of individuals who access a firm's data from remote locations

  • Implementing a written work-from-home protocol to specify how to safeguard confidential business and personal information

  • Requiring the use of a Virtual Private Network or similar connection to access a firm's data

  • Requiring the use of two-factor authentication or similar safeguards

  • Supplying or requiring employees to use secure and encrypted laptops

  • Saving data permanently only on the office network, not personal devices, and if saved on personal devices, taking reasonable precautions to protect such information

  • Obtaining a written agreement from every employee that they will comply with the firm's data privacy, security, and confidentiality policies

  • Encrypting electronic records containing confidential data, including backups

  • Prohibiting the use of smart devices such as those offered by Amazon Alexa and Google voice assistants in locations where client-related conversations may occur.

  • Requiring employees to have client-related conversations in locations where they cannot be overheard by other persons who are not authorized to hear this information; and,

  • Taking other reasonable measures to assure that all confidential data are protected.

Product Spotlight: LG 27UK850-W 27" 4K Monitor

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Earlier this week on the The Tech Savvy Lawyer.Page Podcast, Ernie “The Attorney” Svenson and I discussed our favorite external LG monitor. The LG 27UK850-W 27" 4K UHD IPS Monitor with HDR10 with USB Type-C Connectivity is a beautiful screen with plenty of inputs:

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  • 27 inch 4k UHD resolution (3840 X 2160)

  • IPS display

  • HDR 10 Compatibility

  • Response time 5ms / Refresh rate 60Hz / Contrast ratio 1000:1

  • USB Type-C connectivity and sRGB 99% color gamut

  • AMD Free sync technology

  • 3-Side Virtually borderless design

I have two of these monitors flanking each side of my work machine, an 2017 iMac Pro. The output is great for work whether you have a windows or mac OS.

When I purchased them about two years ago, they were over $600 a piece. They were well worth the investment. Now, they are just over $400. If you are looking for a new monitor or two or three, I don’t think you could go wrong with this purchase.

Happy Lawyering!

Podcast #12: Crossing the Digital Bridge with Ernie "The Attorney" Svenson

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My next guest is Ernie The Attorney Svenson. Ernie is the blogger, podcaster, and instructor for the Law Firm Autopilot. As a recovering attorney, Ernie found his passion by using technology to create a simpler and more enjoyable way of practicing law. His website's mantra is Work Smarter. Be Happier.

My next guest is Ernie “The Attorney” Svenson! Ernie is the blogger, podcaster, and instructor for the Law Firm Autopilot. As a recovering attorney, Ernie found his passion by using technology to create a simpler and more enjoyable way of practicing law. His website’s mantra is “Work Smarter. Be Happier.” This comes across quite clear when you listen to our recording! Enjoy!

How to Reach Ernie:

Website: Law Firm Autopilot
Free Download: A Basic Guide to Working Smarter

Show Notes:

Richard Sole - Information Anxiety
Slack
MS Teams
Zoom*
Thinkific
Teachable
Skype
Google Meetings
LawClerk.Legal
textexpander*
Brett Burney**
Acuity Scheduling*
Calendly
Fivvr
Smith.AI*
Ruby
Clary Shirky +Article was not found; instead, a video of his presentation on YouTube
hey.com
Basecamp
Sanebox*

* Products I use!
** Previous TSL.P Podcast Guest!

If Lawyers can work from home and law students can be taught while at home, why can’t bar examinees take their exam from home?

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I am empathetic to the potential bar examinee this autumn.  They have worked hard for the past three to four years for this one test that will determine their future economic status.  While this is certainly stressful enough, the pandemic has impacted our economy.  Even those graduates who are lucky enough to have a job now (especially those who need not worry if bar passage is necessary to maintain their current job) will have to take time off (and lose money) to study for the bar.  But the uncertainty if the bar exams will even take place can only add to their anxiety.

I’m writing this editorial for this blog because we have the technology to allow examinees to take the exam remotely, e.g., the safety of their home.  Many attorneys have adjusted to shifting their work from their brick and mortar office to their home office.  Law Students have moved from the school classroom to virtually attending and taking exams remotely from their homes.  These shifts have all relied on technology and can easily be adjusted for bar examinees.

The Bar Examiners can monitor examinees through some video-conferencing application.  There are exam programs that lock out the hard drive except for the exam program (and perhaps the video-conferencing application).  I don’t think the Bar Examiners have to worry about the test takers cheating, e.g., looking at prewritten material, law books, and stuff online, as many of us recall the “open book” exams were a crutch.  You don’t have time to “cheat” given the structure of and time allotted for the exams.

There are still some states requiring in-person exams.  I do not think a bar applicant should have to choose obtaining a livelihood versus risking his/her own life and those around them.  The Bar Examiners need to catch up with today’s technology – when was the last time a lawyer was constrained to only using their memory of the law, no research materials, and all in a three-hour sitting when writing a brief?

It sounds like they may be committing malpractice if they did that! 😯

Podcast #11: From Mobile to Desktop, My Conversation with Entrepreneur Dennis Kennedy!

/ The Tech Savvy Lawyer.Page Podcast/

My next guest is Dennis Kennedy! Dennis is a legal tech and innovation advisor, adjunct law professor, infotech lawyer, professional speaker, author, and podcaster. Dennis and I discussed the following questions:  1. As a law school instructor, what three areas of tech (software or hardware) will new attorneys need to be trained on (either on their own or by the hiring firm), 2. What three areas of tech are attorneys underutilizing in their practice today, and 3. What three areas of technology should all attorneys be on the lookout for in the future.

Come join as we talk about these subjects and many more!

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