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

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.

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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.

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Notable references in the PA Bar Association Formal Opinion

• American Bar Association Standing Committee on Ethics and Professional Responsibility in Formal Opinion 477R (May 22, 2017)

• PA Bar Formal Opinion 2010-200

• PA Bar Formal Opinion 2011-200

• ABA Formal Opinion 477R

Happy Lawyering!!!

Videoconferencing: Do I need an external webcam? Probably not!

Videoconferencing has become essential given the COVID-19 pandemic.  It has allowed us to remain in contact as a society.  Moreover, it is becoming a necessary utility for lawyers.  We use videoconferencing programs (listed below) to conduct meetings, depositions, and hearings.  With this accelerated use, businesses, including lawyers, are finding that videoconferencing is a more economically efficient means of conducting work.  Simply put, it saves money, time, and effort to travel, whether it be in town or long-distance.  But, the question remains, do I need an external webcam?  Probably not.

I have a Logitech Webcam that I had purchased over 15 years ago - it works great - even at 720 dpi ("dots per square inch" - I'll do a post on webcam resolution in a future post). But, when I purchased it, videocamming from our electronic devices was still not a "thing."  As social media pushed forward, so did the desire to communicate via video and with it, accessibility to video from our personal electronic devices.

Webcams are provided internally in almost all of our laptops, tablets, and smartphones.  For the most part, they work quite well (and in some cases better than my old webcam and even the video cam built into my iMac).  And in all of those devices, which I find it unlikely that any attorney does not have at least one of the three listed, videocasting programs can be downloaded and utilized with ease.

Granted, most desktop computers do not have a webcam built in, although some external monitors do have them embedded.  But if you have a laptop, tablet, or smartphone with a cam, why waste the money for an external webcam.  Unless you are getting into video casting or are appearing on the news for interviews, you simply don't need a fancy, expensive webcam.  Meanwhile, you won't have to worry about draining your computer's resources while camming.

A LIST OF POPULAR VIDEOCASTING PLATFORMS FOR BUSINESSES FOR YOUR REFERENCE

• Adobe Connect

• Cisco WebEx Meetings

• Google Hangouts Meet

• GoToMeeting

• join.me

• Microsoft Teams

• Skype

• Zoom

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.

Coronavirus/COVID-19: How to clean your Laptop?

More and more people are working from home due to the Coronavirus/COVID-19 Issue. Judges, attorneys, and others in the legal profession who are not used to routinely working from HOME are understandably concerned about using their work tools free of contamination. Let’s not all panic, not accidentally break our laptops, and remember to use items best suited for your electronics.

Always good to wash your hand!

Coronavirus/COVID-19 or not!

Microfiber cloths are probably the best material to use to wipe down your laptop (especially your screen!).

You can slightly dampen your cloth with 

• Tap water,

• Iodized water (a better pH balanced form of water that is less acidic. It is also alcohol-free. This may make it a better cleaner that just pure tap water); or

• Liquid soap and water to wipe down your laptop and screen. 

• Remember, if your cloth is "dripping", you have too much water in the cloth!

Apple (and as it appears other laptop manufactures) are moving away from not using certain alcohol cleaners on their devices. Apple released the following statement:

"Using a 70 percent isopropyl alcohol wipe or Clorox Disinfecting Wipes, you may gently wipe the hard, nonporous surfaces of your Apple product, such as the display, keyboard, or other exterior surfaces. Don't use bleach. Avoid getting moisture in any opening, and don't submerge your Apple product in any cleaning agents. Don't use on fabric or leather surfaces."

https://support.apple.com/en-us/HT204172

Meanwhile, be careful about using compressed air. Blowing air into a laptop may remove some particles. Still, it may also blow them into your laptop and into the circuit board. That could lead to a broken laptop.

Stay safe, stay home if you are exposed, and stay productive!

There is an App for that Friday: Take your National Sports, Local and National News and Local Radio Stations with you Anywhere.

I know there are a lot of sport’s fans, news’ junkies (like myself), and those who prefer to listen to their favorite local radio station or type of music but may not be able to do so while on the road.  TuneIn Radio App scratches that itch. There a lot of sport’s channels to choose from - including league stations and some ESPN channels. Plenty of news’ channels, including CNN, Fox News Talk, and MSNBC and podcasts of your favorite evening news shows! The list of local stations is limited, but it does offer a variety of genres of music.  Given everything I listen to, the free app is perfect!

I think for most users, you will find the free app just fine. The Premium service removes a lot of their commercials and gives access to more sport’s status. Download the app for free on your Google Android or iTunes enabled device and start listening anywhere you have an internet connection. It’s the perfect companion at home, work, or on travels!

Enjoy!