Smartphones and Mobile Apps for Lawyers€¦ · With more than 800,000 apps currently available,...

PBI seminars are developed in partnership with the Philadelphia Bar Association and the Allegheny County Bar Association.

PBI Online Course # 8660LW

Smartphones and Mobile Apps for Lawyers

PBI Pub. No. 2015-8660 Published March 2015

© 2015 Pennsylvania Bar Institute. All rights reserved. This file is licensed only to the person taking this class on PBI’s Online Campus, for printing and for saving to his or her personal computer. No further use is permitted. This file may not be shared electronically with any other person without the express written permission of the Pennsylvania Bar Institute.

The Pennsylvania Bar Institute does not render any legal, accounting, or other professional services. The Institute’s programs and publications are designed solely to help attorneys maintain their professional competence. In dealing with specific legal matters, the attorney using PBI publications or orally conveyed information should also research original sources of authority.

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Foreword

With more than 800,000 apps currently available, discover how your smartphone or tablet can assist with running your law practice as the instructor highlights the most useful apps for lawyers. Your smartphone or tablet can assist you in becoming more organized and productive in your law practice. This practical, hands-on program will also show you how to utilize the best features your devices have to offer, including how to purchase, install and update Android apps.

We are especially grateful to our Instructor, Daniel J. Siegel of Integrated Technology Services LLC in Havertown, for devoting significant time and effort developing the course and preparing written materials.

On behalf of all who will benefit from this program we express our sincere gratitude to all of our volunteers.

Pennsylvania Bar Institute Honorable Mark A. Kearny, President Erin Tate, Program Attorney

March 2015

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Biographies

INSTRUCTOR

Daniel J. Siegel, Esq.

Mr. Siegel wears two hats – he is a practicing attorney and also a full-time technology consultant. As an attorney, Mr. Siegel focuses his practice on trial and appellate court writing; he also handles workers’ compensation matters and serves as a “second chair” for attorneys – working on the matters that keep them up at night. He is the principal of the Law Offices of Daniel J. Siegel, LLC. As a consultant, Mr. Siegel works with attorneys and their staffs to analyze their workflow, and to implement and use technology more efficiently while avoiding the technical jargon that can be a barrier to understanding and adoption. Mr. Siegel uses these skills in his role as founder and President of Integrated Technology Services, LLC, a consulting service for attorneys. He is the author of Android Apps in One Hour for Lawyers, Checklists for Lawyers, How to Do More in Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line and The Lawyer’s Guide to CaseMap, published by the American Bar Association Law Practice Management Section, Changing Law Firms: Ethical Guidance for Pennsylvania Law Firms & Attorneys, published by the Pennsylvania Bar Institute, and Pennsylvania Workers’ Compensation Law – The Basics. Mr. Siegel can be reached at [email protected] or by phone at (610) 446-3457.

mailto:[email protected]

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Summary of Contents See also detailed Table of Contents beginning on page ix.

Chapter One Seven Rules for Using Technology .......................................................................................... 1

Chapter Two Think Your Email Is Secure? Think Again: Ethics Rules Require Understanding Technology .............................................................. 5 Chapter Three More Than a Locked Door....................................................................................................... 11

Chapter Four Apps You Should Have ............................................................................................................. 15

Chapter Five Productive Apps: New Ways to Stay Connected and Productive in the New Multi-Device World ........................................................................ 19

Chapter Six What Google’s Privacy Changes Mean for Attorneys: Review Policies for Every Website or Service Where Client Data is Stored .............................................25

Chapter Seven Keep Your Smartphone Data Secure: The Rules of Professional Conduct Require Lawyers to Protect Client Information ............................................... 31

Chapter Eight Tech Devices to Make You a Better Lawyer ........................................................................ 37

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Table of Contents See also Summary of Contents beginning on page vii.

Chapter One Seven Rules for Using Technology .......................................................................................... 1


I. Introduction ................................................................................................................ 3

II. Rules for Using Technology at Trial, Arbitration, and Mediation Successfully .......... 3 A. Rule 1: Technology Cannot Replace Stories ........................................................ 3 B. Rule 2: Don’t Use It Just Because You Have It .................................................... 4 C. Rule 3: The Technology Should Fit the Case ....................................................... 4 D. Rule 4: Make Sure the Court Will Allow the Technology .................................... 4 E. Rule 5: Know How to Use the Technology .......................................................... 4 F. Rule 6: Have a Backup ......................................................................................... 4 G. Rule 7: Be Prepared to Prove Your Client’s Case ................................................. 4

Chapter Two Think Your Email Is Secure? Think Again: Ethics Rules Require Understanding Technology .............................................................. 5


I. Amendments to the Rules of Professional Conduct .................................................... 8 A. Rule 1.1 “Competence” ......................................................................................... 8 B. Rule 1.6 “Confidentiality” .................................................................................... 8

II. Risks and Benefits of Technology Relevant to Your Practice and Clients .................. 8 A. Google’s Terms of Service .................................................................................... 9 B. Apple’s iCloud Terms of Service .......................................................................... 9 C. AOL ...................................................................................................................... 9 D. Google’s “Content Extraction” ............................................................................. 9

III. Security of Your Technology ....................................................................................... 9 A. Precautions .......................................................................................................... 9 B. Passwords ........................................................................................................... 10 C. Email ................................................................................................................... 10 D. Services to Store Client-Related Information ..................................................... 10

Chapter Three More Than a Locked Door ...................................................................................... 11

Natalie Kelly, Daniel J. Siegel, Esq. & John W. Simek, EnCE

I. Law Firm Security ...................................................................................................... 13 A. Encryption .......................................................................................................... 13

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B. Wireless Networks .............................................................................................. 13 C. Virtual Networks ................................................................................................. 13 D. Office Policies ...................................................................................................... 13 E. Security Suite ...................................................................................................... 13 F. Spam ................................................................................................................... 13 G. Individual Users .................................................................................................. 14 H. Laptops and External Hard Drives ..................................................................... 14 I. Phones and Tablets ............................................................................................. 14 J. Office Policies for Mobile Devices ...................................................................... 14 K. Data Backup ........................................................................................................ 14

Chapter Four Apps You Should Have ............................................................................................................ 15


I. Introduction ............................................................................................................... 17

II. Cloud-Based Storage Products ................................................................................... 17 A. Dropbox .............................................................................................................. 17 B. SugarSync ........................................................................................................... 17 C. Pogoplug/CloudStor ........................................................................................... 17

III. Text Messages ............................................................................................................. 17 A. Handcent SMS .................................................................................................... 17 B. SMS Backup & Restore ....................................................................................... 17 C. Backuptrans iPhone SMS Backup & Restore ...................................................... 17

IV. Email .......................................................................................................................... 18 A. Kaiten Mail .......................................................................................................... 18 B. K-9 Mail .............................................................................................................. 18

V. Notes ........................................................................................................................... 18 A. Evernote and Microsoft OneNote ....................................................................... 18

VI. Microsoft Office Files ................................................................................................. 18 A. Pages ................................................................................................................... 18 B. Kingsoft Office .................................................................................................... 18 C. Quickoffice Pro.................................................................................................... 18

VII. Adobe PDF Files ......................................................................................................... 18 A. Adobe CreatePDF ................................................................................................ 18 B. Adobe Reader ...................................................................................................... 18 C. ezPDF Reader ..................................................................................................... 18 D. Foxit Mobile for iOS Lite and Foxit Mobile PDF for iOS Pro ............................. 18

Chapter Five Productive Apps: New Ways to Stay Connected and Productive in the New Multi-Device World ........................................................................ 19


I. Introduction ............................................................................................................... 21

II. Cloud-Based Storage Products ................................................................................... 21 A. Dropbox .............................................................................................................. 21 B. SugarSync ........................................................................................................... 21 C. Pogoplug/CloudStor .......................................................................................... 22

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D. BoxCryptor ......................................................................................................... 22

III. Text Messages ............................................................................................................ 22 A. Handcent ............................................................................................................ 22 B. SMS Backup & Restore ...................................................................................... 22 C. Backuptrans iPhone SMS Backup & Restore ..................................................... 22

IV. Email ......................................................................................................................... 22 A. Apple Default ..................................................................................................... 22 B. Kaiten ................................................................................................................. 22 C. K-9 Mail ............................................................................................................. 22

V. Notes .......................................................................................................................... 22 A. Evernote ............................................................................................................. 22 B. Catch Notes ........................................................................................................ 23

VI. Microsoft Office Files ................................................................................................ 23 A. Pages .................................................................................................................. 23 B. DocumentsToGo ................................................................................................ 23 C. Kingsoft Office ................................................................................................... 23 D. CloudOn ............................................................................................................. 23

VII. Adobe PDF Files ........................................................................................................ 23 A. Adobe CreatePDF ............................................................................................... 23 B. Adobe Reader ..................................................................................................... 23

Chapter Six What Google’s Privacy Changes Mean for Attorneys: Review Policies for Every Website or Service Where Client Data is Stored ...................................................25


I. Google’s Privacy Policies ............................................................................................ 27

II. So What Apps Are on Your iPad, iPhone, Smartphone or Tablet? ........................... 29 A. Amazon Apps (Appstore) (Android) .................................................................. 29 B. Zinio (All Formats) ............................................................................................ 29 C. Google Goggles (Android) .................................................................................. 29 D. Verizon iD (for Verizon Mobile Devices) ........................................................... 29

Chapter Seven Keep Your Smartphone Data Secure: The Rules of Professional Conduct Require Lawyers to Protect Client Information ............................................... 31


I. Security Concerns ...................................................................................................... 33 A. Stolen Data Used During Litigation or Administrative Proceedings ................ 33 B. Public Internet Connections .............................................................................. 33 C. Security Measures and Flaws ............................................................................. 33 D. Hacking Software and Demonstrations ............................................................. 34

II. Reasonable Precautions to Safeguard and Preserve Confidential Information ........ 35 A. Familiarity with Changing Obligations Placed on Lawyers ................................ 35 B. Reviewing Security Measures ............................................................................. 35 C. Contractual Duties to Protect Client Data .......................................................... 35 D. Protecting Against Data Loss .............................................................................. 35

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Chapter Eight Tech Devices to Make You a Better Lawyer ........................................................................ 37


I. Smartphones ............................................................................................................. 39

II. Tablet Computers ...................................................................................................... 39

III. E-book Readers ......................................................................................................... 40

Chapter One

Seven Rules for Using Technology

Daniel J. Siegel Integrated Technology Services LLC Havertown

(c) 2014 Philadelphia Bar Association, Reprinted with Permission.

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(c) 2014 Philadelphia Bar Association, Reprinted with Permission3

BY Daniel J. Siegel

W hile this is a technology column, I don't subscribe to the belief that merely using technology guarantees success, any more

than having a fast car means you'll win the IndianapoUs 500. Rather, technology is and should be one of the tools in your arsenal. The thoughtful use of technology can be the difference between winning and losing. And using technology just

because you have it can lead to defeat. In a previous Trial Tech Brief col

umn, I wrote about a trial involving a brutal rape. The defense lawyer used advanced technology to recreate the

incident and show the jury other salient

facts. The plaintiff's lawyer used a cardboard model to show where the incident occurred, and essentially eschewed the use of technology. Following a defense verdict, members of the jury said the defendant's use of technology was an

important reason why they ruled against the plaintiff.

Fast-forward five years and consider two examples from recent hearings where I served as an arbitrator.

In the first case, the plaintiff fell on water that had accumulated in the

entranceway of a veterinary clinic. Although it had rained the night before, it was clear and dry when the plaintiff arrived at the clinic. She had opened the door to the clinic while carrying her dog,

walked in, took one step, and fell on a large puddle of water on a wet doormat.

The defendant claimed that the area had

October 2014 II Trial

Seven Rules for Using

Technology been cleaned and the plaintiff tripped because she was distracted by her dog.

Plaintiff's counsel gave each arbitrator an iPad with the clinic surveillance

footage. The video showed the plaintiff opening the door, taking one step, fall

ing, and then flailing as she tried to get up. She was clearly wet. Then the screen went blank. After a two- or three-minute gap, the footage resumed, showing

the area after it had been cleaned. The defendant testified that his insurance carrier told him he did not need to save the portion of the film showing employees cleaning the area.

The second case involved a car acci

dent. Plaintiff's counsel used one iPad to question his client about the configuration of the intersection, displaying a picture he downloaded from Google Maps. The three-arbitrator panel could not see what counsel was referring to because the iPad was facing the plaintiff.

Eventually, the plaint iff's attorney brought the iPad to the arbitrators and showed us the intersection. He then stood in front of us and showed the iPad to his client, asking her questions about the intersection. When the attor

ney finally showed it to us again, the screen was upside down. In addition, he never asked his client how the accident happened.

Guess what the results were? In the first case, we ruled in favor of

the plaintiff. After seeing the surveil

lance video, the panel agreed that the only remaining issue was damages.

In the second case, we entered a judgment for the defendant. We had no idea

how the accident happened, and our impression was that the accident was

probably caused by the plaintiff. Because the plaintiff never told us how the accident happened, and the iPad image did not shed any light on liability, we had no basis to rule in her favor.

Here are some rules for how to use technology at trial, arbitration, and mediation successfully.

Rule 1: Technology cannot replace

stories. The best trial lawyers tell stories and transform their clients from "plaintiffs" to "people." Trial lawyer

and law professor James McElhaney said, "Whether written or oral, sto1·ies are essential to virtually every part of litigation-from opening statements to di rect and cross-examinations to final arguments, written briefs, and the give

and-rake between lawyers and judges in the middle of an appellate argument.''1

Make sure the jury gets to know your client.

Rule 2: Don't use it just because you have it. There is an old saying by psychologist Abraham Maslow known as "Maslow's hammer": ''I suppose it is tempting. if the only tool you have is a hammer, to treat everything as if it were a nail." Trial technology is the same

there are lots of options, bur you don't need to use every one in every case.

Consider the range of ways to try a case. You can present your evidence the old-fashioned way, with witnesses and


paper exhibits. Or you can mix traditional methods and technology-everything from Adobe Acrobat to Power Point to LexisNexis Sanction or Trial Director. Analyze your case and use the best tools to present the information.

Rule 3: The technology should fit the case. Determine which technology clarifies your presentation and use it. If a Google Maps photo is no better than an old-fashioned one, use the old-fashioned one, which you can copy, draw on, and use as an exhibit. If you think the Google Maps image shows something important, you can even take a screenshot of it and ask the witness to annotate it. Then save it and preserve it as an exhibit.

Rule 4: Make sure the court will allow the technology. Not every judge is receptive to technology, so you need to determine what is acceptable. You also must verify what technological infrastructure exists in the court or facility. Some courtrooms are high tech and wired for presentations. Others may not have enough outlets for your laptop, projector, and other items. Create a checklist of what you want to use and compare it with what is available.

Rule 5: Know how to use the technology. Nothing is more embarrassing and perhaps fatal to your case than a technological malfunction.

You should test all the technology you plan to use. If you're showing a video, make sure that it works on the laptop, tablet, or other device. Determine whether you need multiple items. At the arbitration of the car accident case, plaintiff's counsel should have presented iPads to the panel or set up a screen once he decided to use his tablet.

Always bring spare batteries and an extra bulb if you are supplying the projector. If you're using a tablet, check that you have all the connectors.

Decide whether you need! an Internet connection. If so, confirm whether the court supplies one or you must provide

it. Last, check the Internet connection's strength. You may discover that it's weak and you need your own connection.

Rule 6: Have a backup. If your technology doesn't work and you don't have an alternate plan, you could be in serious trouble. If you store data on your laptop, keep a backup copy on a flash drive or portable external hard drive. For example, when I give a Power Point presentation, r usually save the presentation to my laptop and also store a copy on a flash drive.

If you're relying on electronic documents, bring at least one printed copy. It's not a question of"if" something will go wrong-it's a question of"when."

Rule 7: Be prepared to prove your client's case. Remember that you sti ll have to prove your client's case. This means you must ask all the questions

needed to establish the claim and present all the evidence that the judge, arbitrators, mediator, or jury needs to review. Even the greatest technology in the world won't matter if you haven't established a cause of action. a

Daniel J. Siegel is the president of Integrated Technology Services and the principal of the Law Offices of Daniel J. Siegel in Havertown, Pa. He can be

reached at [email protected]. The views expressed in this article are the author's and do not constitute an endorsement of any product or service by Trial or AAJ.

NOTE 1. James McElhaney, That's a Good One:

Effective Trial Lawyers Know How to Tell a Good Stor.v, ABA J. (Apr. 2011).

Trial II October 2014

Chapter Two

Think Your Email Is Secure? Think Again: Ethics Rules Require Understanding Technology



5


M any lawyers ignore the fact that their communications may not be as secure as they believe them to be. However, lawyers can no longer merely stick their heads in the sand and feign ignorance.

As a result of amendments that went into effect on Nov. 21 , 2013, the Rules of Professional Conduct now require lawyers to recognize and understand the ethical issues that arise in a variety of subjects, im;luding technology. ln particular, the Comment to Rule 1.1 ("Competence") states that "To maintain the requisite knowledge and skill , a lawyer should keep abreast of changes in the law and its practice. including the benefits and risks associated with relevant technology."

In addition, Rule 1.6 ("Confidentially of lnfom1ation' ') has been amended to include paragraph (d), which states "A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of , or unauthorized access to , information relating to the representation of a client."

Both of these amendments arc technologyfocused and make clear that lawyers can no longer claim that technological ignorance is acceptable. While the Comment to Rule 1.1 seems selfexplanatory, it really is not. First, what technology

Sans Serif • TT .. 8 I U A , _

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is the Rule refetring to? Although the framers of the new Rule do not specify which technology the Rule addresses, there is only o ne logical conclusion: The new Comment requires lawyers to he aware of and consider the risks and henel"its o r technology lhal is relevcmt to their practices and their clients.

In that vein, Jet's take a little quiz: • Raise your hand if you believe thHt your

email with clients should be searched by Google. I don ' t see any hands up.

• Raise your hand if you believe that Apple has the right to read and perhaps post on the weh the client-related documents you store on iCloud, or that Google can post the !"act you were at a particular restaurant last week with Client John Smith.

I don ' t ~cc any hands up. Let me ask you another question. • Raise your hand if you communicate with

clients using a Gmail, AOL, Hotmail or Yahoo! email address, or an address from

(c) 2014 Philadelphia Bar Association, Reprinted with Permission 9

a similar serviee. Now I see quite a few bands.

One last q ucstion. • Raise your hand if you usc Googlc Docs (the free

version) to store client-related documents and materials.

I see some bands raised in response to that question. Guess what? If you raised your hand in response to either of

the last two questions, then you should have raised your hand in response to every one of rny questions.

That's right. Apple , Google (the purveyor of Grnail) and other similar services not only believe they have the right lo review your email , attat:hmcnts and documents, but you have given them the right to do so.

According to Googlc 's Terms of Service. the company can do just about anything it wants with your infom1ation:

"When you upload or otherwise submit content to

reproduced it elsewhere. Needless to say, your t:lient wouldn ' t be happy, you wouldn ' t happy !lwt the client has hired a new attorney, and your malpractice carrier might not appreciate knowing about the potential claim.

Despite this reality. many lawyers seem oblivious to the dangers of using these services. Accordi11g to the Electronic Privacy Information Center, Google uses a process it calls "content extraction" to review its customers' email:

2.1 How does Googte:5 "content extraction" H:ork? While Google has not released technical details of

how the Gmail e-mail "content extraction" and analysis work s, the patent (#2004005971 2) filed with the U.S. Patent and Trademark Offit:c provides some clues. Gmail examines the entire eontent of the email message including the header and addressing information (sec 2.2 for more details) i.n order to derive the "concepts"

contained in the email. Relevant ads are then placed to the subscriber when the e-mail is our Services, you give Google

(and those we work with) a worldwide license. to use, host, stun:, reproduce, modil"y, create deriv<Jtive works (such as those resulting from ITanslations , adaptation;. or other ehanges we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content."

In other words. if displayed. Different ads may be served at different times dt=-pending on when the email message is viewed , or w-viewed.

Apple's iCloud Terms of Service are similar:

''Except lilr material we m<.~y license to you , Apple docs not claim ownership of the materials and/or Content you submit or make available on the Service. However, by

you use Gmail to communicate with

clients, Go gle is reading your mail and arguing that its technology is

exempt from privacy and wiretap laws. as it is in

the lawsuit that Attorney Somvichian is defending.

2.2 What is "internal" and "external" e -mail information used in the analysis?

"Internal e-mail information" and "external e-mail information" are both used in the scarUling and analysis process, according to the patent (paragraphs 51-80). Internal email information is the actual data contained within an e-m<Jil message whereas external e-mail infonnation is data derived from the internal information using

submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Apple a worldwide, royaltyfree, non-exclus ive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for whieh such Content was submitted or made available, without any compensation or obligation to you."

AOL users have agreed to comparable tenus. ln other words, if you use Google , AOL and vi11ually any of the free online-based services for email and/or document storage or creation , you are granting these companies the right to review and reproduce your emails and documents. Imagine storing a crucial contract in Gmail , only to discover that Google has

THE PHilADELPHIA lAWYER SPRING 2014

Gmail's analysis algorithms (e.g. by looking at the IP of

the sender and/or the timezone in the timestamp, the geographic location can be determined).

Tf that doesn ' t convince you that Google. i' reading your email, consider the com ment by Google attorney Whitty Somvichian, who said in a recent interview " it's ' inconcei vahle' that someone using a Gmail account would not be aware that the information in their email would be known to Googlc." In other words. if you usc Gmail to communicate with clients, Googlc is reading your mail and arguing that its technology is exempt from ptivacy and wiretap Jaws. as it is in the lawsuit that Attorney Sonwichian is defending.

So what does all th is mean? Lawyers must, at a minimum, recogn ize that they must consider and address technological issues, including the security of their technology. Security includes, among other actions, ( I) taking precautions to


prevt:nt unauthorized access (it's general! y called "hacking") inLo your office's network, (2) using only secure and ethically compliant services to store client information in the cloud (in other words, not just on the computers in yom office), and (3) not using email services such as Gmail and AOL that inform you that they have the right not only to scan your email and attachments, hut also to use them in literally any way they see riL

These concerns arcn 't"way out there." They an: quite reHL HS the VirginiH firm of Puckett & Faraj discovered recently. The flrm, which defends soldiers against the U.S. govenuneut, discovered that the consultant whose servers housed the firm 's email had been wiped clean of all client email , including attachments, hy a hacking group known a~ "Anonymous ." The finn also discuvert:d that Anonymous

had hacked its Googlt:. t:mail passwords using software that almost instantly enters possible pHsswurd combinations.

Hacking passwords isn't difficult. In fact. according to one security website, an eight-digit numerical password can be hacked in as little as 10 seconds, which is why most experts recommend that all passwords contain a minimum of 12 characters, including letters, numbers and symbols_

Therefore, lawyers must strongly consider abandoning the usc uf GmHil Hnd similHr products tu communicate with clients. The cost of creating a firm email account (such as attorncysrnith@ smithandjm1eslaw.com) is minimal: you can do so for Jess than $20 a year. In addition, lawyers must evaluate whether to use the free version of Google Docs and other services to store dient-relatt:d information. Using the;: paid ve;:rsion of Gouglt: Docs, or a

similar service, means that the Terms of St:rvict: art: difft:rt:nt , and that Googlt: no Iunger has the right to usc your legal work product in any way it deems appropriate.

The issues here are not complex, but they are ones that lawyers have often dismissed. Now that the Rules of Professional Conduct emphasize that technological awareness is part of a lawyer 's ethical responsibility, aLtomt:ys must evaluate even the most basic of technology and, HS necessary, tHkc HcLions to assure that client information is confidential and to prevent it from appearing in an ad on Google's website. •

Daniel J. Siegel (dan@danieijsiege:l. com), principal of the Law Offices of Daniel]. Siegel, is a member of the Editorial Board of The Philadelphia Lawyer.

THE PHI LADELPHIA LAWYER S 2 014

Chapter Three

More Than a Locked Door

Natalie Kelly Law Practice Management Program at the State Bar of Georgia Atlanta, GA Daniel J. Siegel, Esq. Integrated Technology Services LLC Havertown John W. Simek, EnCE Sensei Enterprises, Inc. Fairfax, VA

© 2014 by the American Bar Association. Reprinted with permission. Originally published in Law Practice, March/April, 2014.

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More Than a Locked Door By Natalie Kelly, Daniel J. Siegel & John W. Simek

LAW FIRM SECURITY used to mean locking the doors and closing the blinds at the end of the day. Today, security includes technology—and lots of it. Although the concept of technological security is daunting to many attorneys, they need to address it for both in-office and mobile technology. It’s not only good business to be security-savvy; it’s also an ethical obligation. Lawyers who ignore these concerns may discover that confidential documents aren’t nearly as safe and secure as they had assumed. As a result, every firm should have a security plan. Highlighted below are some of the issues firms should consider when creating or reviewing their security plans. Encryption. Encryption means securing your computer so that even if an unauthorized user accesses the device, he or she won’t be able to read anything. (There is also encryption needed for other devices, discussed below.) Hardware encryption is the preferred method, but you can only implement hardware encryption if your hardware supports it, which means you may need to use softwarebased encryption. This is one area where many attorneys should consult with a “computer guy” (or gal) to learn which options exist and make the most sense for a particular office. Wireless networks. We’ve all heard about hackers at Starbucks who view information on another customer’s laptop or smartphone. Is your own office’s wireless network as insecure as the coffee shop’s? A wireless network should support the WPA2 encryption scheme, a stronger and more complex encryption than the standard WEP and WPA, which have been cracked. If your office’s wireless router cannot be configured for WPA2, it’s time to buy a replacement. Virtual networks. Attorneys who use shared office space have an ethical obligation under the ABA Model Rules of Professional Conduct to separate services and data, and some states have even more specific requirements for separation (physical or just logical) of services and data. This means creating a method to ensure that unauthorized people cannot access clientconfidential data. This may mean physical separation of your network wiring. Alternatively, many shared office locations use virtual local area network (VLAN) technology to create virtual networks for specific Ethernet ports. When implementing a VLAN, remember that the network administrator controls the configuration; thus, the switch configuration should be audited periodically to make sure that someone in the next office cannot “tap” into your data stream. Office policies. All firms should adopt and implement clear and comprehensive IT policies. The protection policy should address each aspect of end user usage and firm procedures for specific situations and should consider every type of product or technology used in the firm. Security suite. An Internet security suite, which provides a better and more encompassing protection than stand-alone products, should be part of a firm’s security plan. A good security suite will include antivirus, malware protection, firewalls, and other protection for computers and other devices. These products may even be provided for free or at a nominal charge by your Internet provider. Spam. Although spam email is a part of every email user’s life, it should not land in the same inbox as client email. To combat spam, many firms use hosted spam protection, which sends email through a third party. This provides the spam protection before delivering the email to the recipient. If you use such a system, you must ensure that you can review quarantined

Originally published in Law Practice, March/April, 2014. © 2014 by the American Bar Association. 13

messages as well as adjust for false positives so that messages improperly tagged as spam are delivered. In addition, you should define whitelist addresses (e.g., for courts and counsel) that always bypass the spam filter and are delivered to inboxes. Individual users. Securing your firm on an individual user level is also important. Doing so allows end users to take advantage of built-in security, permitting them to create secure passwords and comply with other security protocols. Laptops and external hard drives. Laptops and external hard drives need to be secured in the same fashion as desktop computers. Because encryption of these devices is so important, many commentators believe that failure to encrypt mobile devices is an unethical practice for lawyers. Encryption is easy to do and must be enabled or configured on all mobile devices. Some laptops have built-in encryption, while others simply require users to install the software. External hard drives and flash drives offer similar options. Phones and tablets. Smartphones and tablets are handled a little differently. Encryption is enabled on any Apple iOS device (iPad, iPhone, etc.) by merely configuring a lock code. Android devices need to have encryption enabled through the settings menu choice. Encrypting an Android device may take some time, so it’s best to have the device fully charged or plugged into an outlet before enabling the encryption process. Encryption for BlackBerry devices is activated by enabling content protection. Office policies for mobile devices. In addition to encryption, firms should institute policies for devices not within the immediate control of the firm. Mobile device management (MDM) and bring-your-own-device (BYOD) policies help harness the “where” and “how” data can be used on “what” devices in the office. MDM products are available to legal IT for larger operations; solo and smaller firms can use stricter policies for BYOD to maintain more control over and secure law office data. Solo and small firm practitioners should consider using the controls for ActiveSync on the Microsoft Exchange server because many MDM solutions cost thousands of dollars to implement. Data backup. It’s not a question of if; it’s a question of when you will need to restore data. Consider these scenarios: a hard drive fails; data was deleted, either inadvertently or maliciously; a virus corrupted a file; a file was lost; or a file was accidentally overwritten. Regardless, the current best practice is to have both on- and off-site backups, thus providing protection if local hardware fails or you cannot access the Internet. Whatever backup system you use, it must be automated. If someone has to manually start, stop or otherwise monitor the backup, it isn’t going to happen—and certainly not regularly. When setting up your on-site backup system, plan to keep at least two rotating copies of data with one off-site in a secure, cool and dry area. In addition, you may want to purchase a fireproof (and virtually everything-proof) drive such as an ioSafe drive, which stores a very large amount of data for only about $250. Similarly, off-site (or really, online or cloud) backups provide an additional layer of security. But as with any cloud-based system, you must read the terms of service to be certain the vendor offering complies with your ethical duties. Fortunately, the ABA Legal Technology Resource Center (LTRC) offers links to all of the cloud computing guidance opinions issued by various state bar associations. You should read the ones relevant to the states where you practice. Making sure that your office technology is secure is an obligation that applies to every attorney. Simply sticking your head in the sand—or maybe an old law book—won’t eliminate your obligation to protect your clients’ data and keep it confidential and secure. The steps we mention here aren’t complicated— they’re just necessary. LP

Originally published in Law Practice, March/April, 2014. © 2014 by the American Bar Association. 14

Chapter Four

Apps You Should Have


(c) 2013 The American Association for Justice (formerly the Association of Trial Lawyers of America) Reprinted with Permission.

15

(c) 2013 The American Association for Justice (formerly the Association of Trial Lawyers of America) Reprinted with Permission

17

BY Daniel J. Siegel

tech

Times change so quickly that we almost don't even realize what's happening. Just a few years ago, smartphoncs and tablets didn't exist. And apps, the sofnvare

programs that run on these devices, weren't even invented. Now, most lawyers can't live without them.

Most people recognize the term iOS-Apple's mobile operating system, which the company released in 2007 for the iPhone and iPod Touch. It is now used on numerous Apple devices, including the iPad, whic:h has become the dominant tablet computer since its release in 2010.

The Android operating system, on the other hand, has become the dominant system used to operate smartphones other than BlackBerrys, iPhones, and Windows phones, and its share of the tablet market is also increasing. Unlike Apple, which does not license iOS to other companies, Google licenses the Android operating system to numerous companies; recently, it has been used on the Google Nexus tablet, the Samsung Galaxy S m smartphone, and the Amazon Kindle Fire HD e-reader. As of January 2013, there were approximately 775,000 iOS apps and 700,000 Android apps available. Knowing which ones to

use can be daunting. Using these mobile devices, lawyers

can improve their productivity and responsiveness regardless of whether they're in the office, at home, on vacation, or in a courtroom. Here are some essential apps that every lawyer should consider having on his or her smartphone or

June 2013 II Trial

Apps You Should Have

tablet Fortunately, many are free, and if there is a cost, it's generally under$14.95.

Cloud-Based Storage Products One of the reasons cloud-based devices are so popular is because they allow users to access their files from almost anywhere. To do so, they must use the cloud-st()rage systems based on servers not generally housed in their offices. If you're usiing the cloud, make sure that your information is password protected and that you have complied with your ethical obligations to protect client data The American Bar Association's Legal Technology Resource Center provides an excellent summary of the ethical guidance provided by various state bars.'

Dropbox. This is the most popular cloud storage app. It integrates with many other apps and programs, including various cloud-based case management and document management programs. Dropbox users can store information and aucomarically synchronize their files among computers. This app also makes it easy to share files among mu I tiple people and to facilitate collaboration. Unless you need lots of storage, Drop box is free.

SugarSync. Another popular cloud storage system that works similarly to Dropbox, SugarSync is a bit more versatile because it works with virtually every platform and device. Yet, in other ways, it can be a bit more cumbersome. I use both systems; I choose which one to employ depending on the situation and the device I'm running. The website SmallNetBuilder.com provides an

excellent comparison of £be two productS.1

Pogop lug/CloudStor. Buffalo C1oudStor (powered by Pogoplug) is my other favoritecloudstorageproduct, but for different reasons. When you buy Pogoplug, you are purchasing an external bard drive (in 1 TB increments) that you attach to your necwork. You then enable access to the device using the CloudStor website (www.mycloudstor.com). What's nice about this combination is that you control the access and can unplug the device if you have any security concerns. You can also share files just as you do with Dropbox and SugarSync, but without any of the security concerns.

Text Messages Nowadays, attorneys need to view, answer, and save text messages and emaHs. Handcent SMS is one of the most versatile text messaging products, and it is highly customizable. The app offers optional online integration with a user's My Handcent online account, which allows users to circumvent any limitations imposed by their wireless carriers. I especially like the producrs pop-up notifications and the abilicy to send a quick reply without having to open the app itself.

It is a good idea to back up your text messages so that you can save and retrieve them in case your device crashes. Handcent offers that feature; similarly, SMS Backup & Rest ore is a separate Android app that lets you back up and store your text. messages. For iPhone users, Backuptrans iPhone SMSBackup& Restore is a good option.


18

Email When it comes to emai~ iOS users may want to continue using Apple's default email backup system. The iPhone email program is versatile, works with most types of email accounts, and is easy to ser up. With Androids, however, it probably pays to use a different app. My current favorite is Kaiten Mail, a versatile product that can handle all types of email, including Gmail and Outlook-based accounts, while offering many of the features you are used to from Microsoft Outlook. If you don't want to spring for the $4.99 fee, you might consider K-9 Mail, a similar product with fewer bells and whistles.

Notes There is no shortage of terrific notetaking apps. Two of the most popular are Evemote and Microsoft OneNote. Of the two, Eve mote is more robust; you can create written notes, make lists, record voice notes, save photos, and then sync them on all your devices. The premium version of the app allows you to access your notebooks offline, Jets other users edit your work, and allows you to add a personal identification number (PIN) to protect your app.

The OneNote Android app offers more features than its iOS cousin does, but both allow you to synchronize your work with your deskmp. If you choose the iOS version, consider purchasing the Outline+ add-on app, which improves One Note's functionality significandy.

Microsoft Office Files When you work on Microsoft Word, Excel, and PowerPoint files, you need versatile programs. For iPad and iPhone users, one of the best options is Pages, which is available as a stand-alone app or as part of the iWork apps. Pages, which was designed for the iPad, iPhone,

and iPod Touch, lets users create, edit, and view documents wherever they are. Pages also inregrates with iCioud, Apple's cloud storage product, allowing users to keep all their documents synchronized and up to date. If you need the ability to create spreadsheets and presentations, you'll want to purchase iWork.

Android users have numerous choices. Kingsoft Office has an elegant and user-friendly interface. All you do is tap an icon in the app and choose from the most common commands. Even nicer: The app marks every file to easily indicate what type of file it is (such as a document or spreadsheet), and it shows styles. It also has an e.xcellentcomment and review panel

If you need an app that will work with just about every cloud product, you should consider Quickoffice Pro. This app has simple navigation features, and its toolbars are easy to use. Like its competitors, it nicely performs its core function of creating and editing Office documents and PDFs.

Adobe PDF FOes PDF files are everywhere, and you need a good reader to use them; at times, you'll also need an app to convert your documents into PDF versions. Android users have countless options; many of the Android PDF apps are free or very inexpensive, yet they include features that are available to PC users only in far more costly products.

If you need to create a PDF, consider Adobe CreatePDF, which lets you select a file and instantly turn it into a PDF. lt also Jets you annotate PDFs, with many of the features available to PC users only in Adobe Acrobat Standard or Professional. Adobe Reader allows users to view and share PDFs and perform a host of functions not

available in its PC counterpart, including making annotations and commem:s, filling out forms, electronically signing documents, and sendin,g PDFs to other readers for signing. If you don't want to use an Adobe product, consider ezPDF Reader, a terrific product with a userfriendly interface that makes working with PDFs a joy.

For iOS users, Adobe Reader is available for all types of Apple devices, and the app contains many features, including the ability to search, annotate, comment, fill out forms, and organize your PDFs. Other alternatives include Foxit Mobile PDF for iOS Lite and Foxit Mobile PDF for iOS Pro; for years, Fox:it has made excellent PDF products for PC and other users, and its iOS products are equally impressive.

Mobile technology has chan,ged the way lawyers work and communicate, so lawyers need the best apps possible to work with their smartphones, tablets, and other devices. II

Daniel J. Siegel is the president of Integrated Technology Services and ttle principal of the Law Offices of Daniel J. Siegel in Havertown, Pa. He is the

author of Android Apps in One Hour tor lawyers (Am. Bar Assn. 2013). He can be reacned at [email protected]. The views expressed in this article are the author's and do not constitute an endorsement of any product by Trial or AAJ.

NOTES L Am. Bar Assn., Law Practice Management

Section, Legal Technology Resource Center, Cloud Ethics Opinions Across the U.S., www.americanbar.org/groups/ departments..offices/legaLtechnology_ resources/rewurces/charts_fyis/cloudethics·cnart.htmJ.

2. SmnllNerBuilder, Dropbox vs. SugarSync: A Synchronized Duel, www.smallnetbuilder. com/cloud/doud-storage/320-dropboxvs-sugarsync-a-S}'nchronized-duel.

Trial II June 2013

Chapter Five

Productive Apps: New Ways to Stay Connected and Productive in the New Multi-Device World



19

21

Productive Apps New Ways to Stay Connected and Productive in the New Multi-Device World

BY DANIEL J . SIEGEL

A pps. Think about the word. A year or rwo ago, no one used it. We talked

about computer programs, but not apps. Now, however, anyone with a smartphone or a tablet device (like an iPad or Kindle Fire or Android tablet) talks about apps like these mini-computer programs have always been around. Of course, we do the same thing with smartphones.

While the earliest usage of the term "app" dates back to around 1985, it really is a new term, and one that really matters to attorneys in this fast-paced, always-in-touch world in which we live. As a result, most attorneys can't live without their high-tech phones and their tablet computers , generally iPads or Android-based items and, of course, the apps that run on them.

With the growtll of these forms of mobile/portable computing, lawyers are able to be more productive and responsive, regardless of whether they're in the office, at home, on vacation, in a courtroom, or anywhere else where Internet access is available. In this article, I will highlight essential apps that every lawyer should consider having on his or her Smartphone or tablet; where possible, I highlight apps that work on both operating systems. Fortunately, most are reasonably priced, many are free , and most are priced under $15.

TH£ PHIL\D.ELPHIA IAWYiiJ. StJ~HI£R201J

C LOUD-BASED STORAGE PRODUCTS

One of the reasons that these devices are so popular is because users can access their files from almost anywhere; in other words, they can save and retrieve files on their phones, on their tablets, from their laptop computers, and from their office PCs. This means that there is no need to carry portable O.ash drives and other sinlilar items.

To use these products, you must use the cloud, i.e., storage systems based on servers not generally housed in their offices. Of course, if you're using the cloud, make sure that your information is password-protected and that you have complied with your ethical obligations to protect client data. The Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility's Formal Opinion, No. 2011-200, is considered the leading ethics opinion on the topic and, of course, it provides detailed guidance for lawyers who practice in tllis state.

Dropbox, the most popular cloud storage app, integrates with many other apps and programs, including various cloud-based case management and document management programs. Dropbox users can store information and automatically synchronize their files among computers. In addition, Dropbox makes it easy to share files among multiple people, and to facilitate collaboration. Plus, unless you need lots of storage, Dropbox is free. But be careful, Dropbox bas been the source of a few security breaches, and many law firms and other businesses limit or prohibit storing highly confidential infonnation on Dropbox. For most of us, however, it's a perfectly solid and secure product.

SugarSync, another highly popular cloud storage system, is a bit more versatile than Dropbox. SugarSync works with virtually every platform and device, but at times it is a bit more clnn1.--y. Because of this , I acmally use both Dropbox and SugarSync depending

(c) 2013 Philadelphia Bar Association, Reprinted with Permission

22

Of course, if you're using the cJoud, make sure that your information is passwordprotected and that you have complied with your ethical obligations to protect

client data.

on the situation and the device I'm running. Smallnetbuilder.com provides an excellent comparison of the two products.

Pogoplug/Cloudstor is my favorite cloud storage product, but for different reasons. When you buy Pogoplug, you are purchasing an external hard drive (in 1 TB increments) that you attach to your own network. Thus, you aren't relying on another company for access, and you don't have the security worries that can happen with third parties. All you do is enable access to the device using the Cloudstor website (www. mycloudstor.com), and you can access your stored items from just about anywhere. Pogoplug also has apps for iOS (Apple) and Android-based devices, which means accessing stored items is simple. Pogoplug also lets you share files just like you do with Drop box and SugarSync, but without any of the security concerns.

BoxCryptor is a terrific app that allows to securely save items on Dropbox, SugarSync, Microsoft SkyDrive, Google Drive or any other cloud storage provider. The program encrypts (password protects) your ftles and only lets you (or other authmi.zed users) view the contents of the files if you type in the correct password. lf you don't, then all you see is gibberish. The nice part is that BoxCryptor is easy to use; it's free for personal use, and there is a one-time fee for business users.

TEXT MESSAGES

Look arotmd at a CLE and you will see attorneys feverishly viewing, answering and saving text messages and email. Of course, there 's an app for that.

Handcent is my favorite textmessaging app because it is highly customizable. In addition, the app offers optional online integration with a user's My Handcent Online account, thus allowing users to circumvent any limitations imposed by their wireless

carriers. I especially like the product's popup notifications, and the ability to send a quick reply without having to open the app itself. It also lets you delay sending a text - just in case you typed the wrong thing or sent it to the wrong person.

Of course, you should also backup your text messages so that you can save them orretrieve them in case your device crashes. Handcent offers that feature. So does SMS Backup & Restore, a separate Android app that lets you back up and store your text messages. For iPhone users, Backuptrans iPhone SMS Backup & Restore is a good option.

EMAIL

Although many text messaging apps work on both operating systems, when it comes to email, iOS users may want to continue using the Apple default. That's because the default iPhone email program is versatile, works with most types of email accounts and is easy to setup. On the other hand, if you have an Android device, you should consider using a differentapp.

My favorite is Ka.iten, a versatile product that can handle virtually any type of email, including Gmail, Outlook-based accounts, AOL, and others, while offering many of the features you are used to from Microsoft Outlook. If you don't want to spring for the $4.99 fee, you might consider K-9 Mail, a similar product with a few less bells and whistles. Either will generally be an improvement from the app that ships with your device.

NOTES

When you're away from your office, you probably need to write things down, or record your thoughts. My preference is Evernote, an app, especially the premium (paid) version that synchronizes all of the items stored in Evemote on all of your computers and devices, and does just about everything you would want. You can create written

Tech • •

Plug and Play the Solar Way

The Window Socket offers a cool way to harness solar energy and use it as a plug socket. So far we have seen solutions that act as a solar battery backup, but none as a direct plugin. Simple in design, the plug just attaches to any window and does its job intuitively.

Designers Kyuho Song and Boa Oh have come up with a "why didn' t I think of this?" way to power smau electric devices with solar power.

Their Window Socket attaches to any window and soaks up sunshine, converting it into electricity. It takes anywhere between five and eight hours for the Windew Socket to become folly charged. But once it's charged, it can power your device for as long as 10 hours. Right now~ the Wmdow Socket only fits European standard plugs. •

Keeping Your Passwords

Looking for a safe, secure way to keep track of 206 different user names and passwords for your online accounts? Try Dashlane (dashlane.com).

This free app for Mac, Windows, iPhone and Android works in Safari, Chrome, futemet Explorer and Firefox. Each time you enter your account information into a Web page or app and press enter, Dashlane memorizes the data for next time.

It also logs you in to a site you've visited before, completely bypassing the sign-on screen. •

THE PHilADELPHIA IAWYER SUMMER 2013


Chapter Six

What Google’s Privacy Changes Mean for Attorneys: Review Policies for Every Website or Service Where Client Data is Stored



25


27

What Google's Privacy ~hanges Mean for Attorneys Review Policies for Every Website or Service Where Client Data is Stored

B Y DANIE L J . SIEGEL

Privacy. It seems almost anachronistic when it comes to the Jntemct. After all, rhere arc "cookies,"

compurcr crumbs 1ha1 wcbsites place onto your compuler so that they can lrJck your every move. Otherwise, services like Amazon 's 1-Clic k ordering wouldn't even exist. All hough online privacy seems to be u thing of the past, fo r lawyers, it can '1 be. After all. if we store information online. we still have an obligation 10 our clients to pro rcct their pri vacy. an obligat ion that appears ICl be more challenging every day.

Consider Googlc - the biggest of the big on the l mernet. It seems that everyone uses Google. Some people usc the search engi ne. others 1hc maps, some irs GoogleDocs, and orhcrs have take n 10 Google+, Google's "answer" to Facebook. And every time you Ul>C Google. you arc subjccl to irs "Priv:tcy Policy.'' That's why the recent announcemcnl rhat Google is revamping its roughly 60 different privacy polic ies (yes. that should give you an idea of bow many sites and services Googlc owns). which varied from one of it.~ sires to another. and creating one policy thai applies across the board. caused a massive reaction across the web. not all of it pos itive.

In the past, Google users were suppo~cd to know that each Google site might usc their data differently. As

Tl l 8 PIIILADHPIIIA LAWYER St•IUN(; ~OT~

of March I , all of that changed, whe n Googk's new policies wenl into effect. For lawyers. thc~e new policies mean that how they usc Google might also c hange. As Google explained:

"The main change is for user:. with Googlc J\ccoums. Our new P rivacy Policy makes clear that. if

"Our new Privacy Policy makes clear

that, if you're signed in, we may combine information you've provided from one

service with information from other services."

you're s igned in. we may combine information you've provided from one service with in format ion from o ther services. In short, we' ll treat you as a ~inglc user across all our product:.. which will mean a simpler. more intuitive Googlc experience." But all changes arc nol necessarily

good. For auomeys, this means that some information. such as c lient meetings (or that new job interview you d idn ' t want

your boss to know aboul) listed on your Google or Android cale ndar may be more "public." As PC\\'orld explains:

"While some users may welcome the new changes and the potential added benefits they may provide. others . including privacy experts and regulators . arc voicing concern ove r the changes. The biggest sticking point is thar Google docs no t appear to have an opt-out option for the new way your data will be handled. Instead, if you have a Google account. your data will be combined to deliver these new services to you - whether you like it or not. .. . One example Google gives is that it could usc your data to ale rt you if you ' re likely to be late for a meeting. Google would do this comparing a scheduled meeting in your cale ndar with your location. based on information from your Andro id phone combined with local traffic data. The company said it could a lso use your information to give

you beLLer spelling suggestions in produc ts such as Gmail and Docs. You could also have a more intuitive search experience that can parse whether you mean an animal (or a car) brand when you searc h for jaguar." Kevin Drum at MOther Jones

explained that., as Googlc admits. one of the key purposes of the change is to permit it to "provide more relevant


28

ads; ' ' of course, the only way to target better advertising is to know what users arc searching for (for client research. for example) or saving in their calendars, documentS and Android devices (which now account for approximately 48 percent of the smart phone market). Thus, Drum's skepticism:

" If Googlc can change irs privacy policy today, it can change it tomorrow. And it will. No company is an unstoppable juggernaut Forever, and Google is already showing signs of becoming an ordinary corporation th"::tt has to scrap for protits just like everyone else. This is what's motivating their policy change this week, and someday it 's like ly to motivate them to sell my personal information after all.

ll won't be mandatory. of course. If I want to c lose my Google accounts, they'll let me. But if r use an Android smartphone - and this is plainly one of the primary targets of Google's new policy - that will be pretty hard. And after years of using Googlc products like Gmail and YouTube. it 's not as easy as it sounds to s imply export all your data nnd move to a new platform. fn reality, very few people will do this. Google is counting on the fact that they'll grumble a bi t, like I'm doing, and then get on with the ir lives." r or lawyers, what does all rhis mean?

It menns that. ro assure confidentiality, attorneys and law firms must review the

Tech • I

Solos, Small Firms Get Online Boost from ABA

The American Bar Association is offering assistance for the nation's ~argcst law ~ractice demographic with Its new onhne Solo and Small Firm Resource Center.

'·Solo and small fim1 practitioners have unique needs because they don't always have the same resources as large firms." ABA President William T. Robinson Ill snid. "We arc therefore excited to launch the ABA Solo and Small Finn Resource Center for all lawyers, fn:c of charge. to level the playing fie ld with online infonmuion for lawyers in small practice settings."

or ~erican lawyers in private practice. about 70 percent work in solo offices or law firms with 20 or fewer members. It is estimated that the United States has about 435.000 solo law practitioners (comprising about 48 percent of private-practice lawyers) and about 200.000 lawyers in finllS of between two and 20 lawyers (about 22 percent of lawyers in private pract ice).

The Solo and Small Finn Resource Center provides online articles, CLE programming. a discussion list for solo and small firm lawyers and other information from groups throughout the ABA. including the ABA General Practice, Solo and Small Firm Division and . Lm~ Practi_ce Munagemenr Section. 1 he website offers practice management advice, business development strategies, career guidance, advice for handling problem cases an_d c lients, technology reviews, networking evcnL~ and more.

The Solo and Smnll Finn Resource Center can be accessed at ambar.org/ soloandsmallfirms. •

Apple Products Popular in Small Law Firms, Survey Finds

Apple products arc going strong and gaining ground with small firm lawyers at the expense of previously dominant legal technology players, according to the Apple in Lnw Firms Survey by CUo.

-

I ..., ""'ABA I c:-- I L.......,..Drec~ory 1 5noo AliA

Altwoaq - ---

Solo and Small Firm Resource Technoloqy, ~ ~N9emeflt. C\.E &

Resoura>s fl1f' SOlo uwyers & S<Nft Firm<

~Videly us<?d products in the survey •nc ludcd •Phones, used by 60.9 percent of respondents; Dropbox. ~sed by 25_ percent of respondents; •Cloud , sccmg high adoptjon at 15 percent; and Android phones witl1 usage at 13 percent. E vcmote a note· taking app not included in la; t year's survey, debuted lll 14 percent usage. O~nOff!ce had gained 2 percentage pomts smce last year. showing that open source technology is appealing ro solo and small law finns. Clio showed a 22 percent adoption rJtc, more than double the 2010 adoption rJte.

Why are lawyers continuing to "go Mac"? Nearly half (46.5 percent) of respondents said they chose Apple hardware over PC options because the technology was more reliable and secure. Usability was next on at 33.8 percent. Familiarity due to home use of Apple/M~c. products was 9.8 percent, and surpnsmgly aesthetics and design came in fourth at only 3 percent.

More than 75 percent of law students said that ~vhen they graduate, they plan on choosmg a Mac platfo rm for their office. This statistic shows thnt Mac has a bright future in legal, s ince the new generation graduating is heavily Apple-oriented.

The survey aimed to determine to what extent lawyers and law students are now using Apple products, and whether there is clear evidence of an increasing trend of the legal industry ··going Mac" in the future.

Clio said 763 people participated in the survey, 80 percent of which were practicing lawyers and 20 percent of which were law students or nonlawyers. Seventy-six percent of respondents were lawyers at firms with 10 attorneys or less . Onc-founh of the survey respondents were relative Mac newcomers, having switched to Mac within the past year. •

T H E PHI !,ADELPHIA lAWYER SPRING 2012 '


29

e policy, one Googl March 1, 2012, we changed our Privacy Policy and 1

em with one that's a lot shorter and easier to read. The

autifully simple and intuitive experience across Google.

is stuff matters, so please take a few minutes to read

the changes.

Googlc Privacy Policy, as well as similar policies for every other website or service where client data is s tored, and determine whether the site is appropriate for storing the information . If they don't, and client data is revealed to the web, just go to Google News and figure out what happens next.

Creating a Zinio account is free, and the program allows you to read a wide range of newspapers, magazines and other publications , some for free, others by subscription or individual purchase.

Googlc Goggles (Android): Ever see a piece of arL, a photograph or some other item you can't identify? Just scan the item with Google Goggles, and find out

SO WHAT APPS ARE ON YOUR

IPAO, !PHONE, SMARTPHONE

OR TABLET?

That's the name or a new feature in The Philadelphin Lawyer, where you can send us an email (send it io [email protected]) highlighting Ll1c app or apps you arc using and why, so that other readers can get the most out of their devices. To stan things off. here arc a few of my favorites:

Amazon Apps {Appstorc) (Android): This app is a great place to stan. Run by Amazon , the app store offers a wide selection of free and paid apps for Android devices . But perhaps the best aspect of the app is that every day, you can obtain some terrific apps for free . Among the paid apps that have been

"If I want to close my Google accounts, they'l l

let me. But if I use an Android smartphone -and this is plainly one of the primary targets of Google's new policy

- that will be pretty hard."

everything you would ever wanr to know about the object. It's simple, and it's free.

Verizon iD (For Verizon Mobile Devices): lf you have ever heard a song, and didn't remember the name or the artist, you k'"llow how frustrating and distracting it cao be until (or it) you figure it out. With Verizon iO,just let your phone listen to the music, and you' ll have your answer in a few seconds: then you can go back to work. or whatever else you were doing.

So, what apps do you use? What app distracts you from client work (oops, d1at's not supposed to happen)? Or what app helps you deliver better client services? Whatever your offered gratis arc Documents To Go

(Full Version), OfficeSuite Pro 5 and QuickOffice Pro, each of which allows you to work with documents and other items created with Microsoft Office. In ilddition, you can download great. apps like Tunefn Radio Pro and otJ1crs. And of course, lots of games.

pleasure, let us know by emai ling tplmag@philadelphjabar. org. We look forward to hearing from you. •

Zinio (all formats): Originally a downloadable program. Zinio has created apps for virtually every platfonn and device.

THE PHIIADELPIIIA !J\WYER SPRING 20!2

Daniel j. Siegel ( [email protected] ), editor-in-chief of The Philadelphia Lawyer; is a local attorney who operates the Law Offices of Daniel J. Siegel, LLC and is the president of Integrat.ed Technolcgy Services, LLC.

Chapter Seven

Keep Your Smartphone Data Secure: The Rules of Professional Conduct Require Lawyers to Protect Client Information



31


ec Keep Your Smartphone Data Secure The Rules of Professional Conduct Require Lawyers to Protect Client Information

BY DANIEL .J. SIEGEL

T he History Channel, in conjunction with Popular Mechanics, recently compiled a list of the 101

All-Time Greatest Gadgets, concluding that the "smartphone" was the number one gadget that changed the world. The magazine reported that mobile phones have become the most widely used gadgets in the world, and that by the end of2010, 75 percentofthepeopleonearth will use the devices, which facilitate instantaneous personal connections that mak.e phone conversations seem like cave paintings.

One observer correctly predicted in 2008 just how popular these devices would become, i.e., with the advent of smanphones, lawyers will be able to do everything on the road - call, email, browse the Internet, review files, read cases, write memos, etc. - that they now do in the office. The author noted that a lawyer with a smartphone is a walking law firm. Certainly, there is little doubt that the smartphone, a generic appellation that includes iPhones, Androids and BlackBerries, have had an enormous impact upon the legal community. Just look around. Every lawyer seems to have one, and every lawyer seems to be attached to his or her phone, and the uses for these devices continues to expand almost exponentially.

As with any technological advance, smartphones pose security concerns that users should not ignore. In this

TH£ PHI1AD£IJ>HIA LAWY£ll fALL20II

column, I will highlight some of the issues raised by smartphones and offer some easy ways to be sure that the data on your phone is not stolen or otherwise improperly used by unauthorized persons.

For lawyers, the danger smanphones raise is primarily the relative ease with which data can be stolen. For matters involving our clients, these phones can

"You don't have to have a specialist to

do this, it is welldocumented by

Google. The attacks are very simple."

be fonts of infonnation to be discovered during litigation or administrative proceedings, ranging from domestic disputes to criminal matters to personal injury cases to almost anything else you can imagine.

The concerns are real. For eumple, a German researcher has demonstrated that Google's mobile phone operating system, known as Android, can easily by hacked if the user is connected to a public Internet connection -allowing all the data to be accessed. "You don't have

to have a specialist to do this, it is welldocumented by Google. The attacks are very simple," Bastian Konings, a security researcher at Ulm University, told Der Spiegel. Konings noted that all of the contacts, diary dates and even photos on a hacked phone could easily be seen and even altered - and not just when the hacker and the hacked phone are using the same network. All a potential hacter has to do is to log onto a public wireless Internet connection, such as those found in cafes, airports or hotels, and use Google 's interface for external developers, he said. Google acknowledges this threat and claims to be working on solutions. But, of course, once Google solves one problem, others will almost certainly arise.

The threats are equally real for iPhones, BlackBerries and other portable devices. The iPbone, for example, is also ripe for attack. Just ask Nicholas Allegra, a 19-year-old from Chappaqua, N.Y., whose "hobby" is discovering cracks in the source code of Apple's iPhone,and then exploiting the "holes .. to obliterate its defenses against hackers. "It feels like editing an English paper, .. Allegra told Forbes magazine. In fact, Allegra has twice released a piece of iPhone computer code called "JaiiBreakMe," which allows users to strip away in seconds the ultra-strict security measures Apple has placed on iPhones and iPads.

Blackberries and other devices are similarly vulnerable to hacking and


security breaches. Earlier this year, at the annual "Pwn20wn hacker challenge," competitors discovered a security flaw in the BlackBerry OS 6.0, which led Research in Motion (RIM). the manufacturer of the devices, to tum off JavaScript. The competitors discovered a vulnerability that could allow a hacker to access personal data from the phone.

Hacking these devices does not require a Ph.D. in computer science. In fact, the Internet is rife with websites and videos selling hacking software and de~nstrating how easy it is to hack smanphones. For example, searching "how to hack an iPhone" on YouTube returns more than 23,900 results, while the same search on Google generates 30 million results. While writing this column, the number one result for this search was "Jailbreak and unlock the iPhone - Featuring Mac modding tutorials." Modifying the search to ''how to back an Android phone" resulted in 5,280 hits on YouTube, and more than 31.2 million on Google, with the top result , "How to Hack Your Android Phone (and Why You Should Bother)."

Clearly, the threats are real, and lawyers and law fums must take proactive steps to make these devices more secure. To do otherwise would be to ignore the obligation under Pennsylvania Rule of Professional Conduct 1.6 (Confidentiality of Information), which prohibits a lawyer from revealing information relating to representation of a client unless the client gives informed consent. This

Tech • • Android is Most Attacked

Android phones have become the most attacked mobile operating system, according to security software provider McAfee Uibs.

The amount of malicious software or malware attacking Androids jumped 76 percent from the previous quaner, McAfee said, adding that 12 million unique types of malware were discovered in the first half of 20 II . That's a 22 percent increase from 2010. McAfee said Android passed Symbian as the most targeted mobile operating system in the second quaner of 20 I I.

"Overall attacks are becoming more stealth and more sophisticated, suggesting that we could see attacks that remain unnoticed for longer periods of time," said McAfee's senior vice president Vincent Wearer.

AT&T has already announced a mobile security plan for businesses, with a consumer version on the way next year. •

NLRB Backs Workers Who Complain Online

Workers complaining about their workplace on social media platforms like Twitter and Facebook may have the National Labor Relations Board on their side because they are involved in "protected concened activity."

In four different cases, the employees were protected because they were discussing terms and conditions of employment with fellow employees, under Section 7 of the National Labor Relations Act.

The NLRB sided with a luxury car salesman over photos be posted online about a sales event. Hot dogs were served at the event, which the salesman said sent the wrong message. He said the cheap food conveyed the wrong message to his clients a11d be was voicing the concerns of his co-workers, who are paid on commission.

According to an article by Eric Meyer on 11..NT.com, a human resources website, employers can't discipline employees who discuss

workplace responsibilities and performance together online-even if the employees swear, use sarcasm or include insults. And employees can't be disciplined for clicking "like" on Facebook.

Section 7 covers most private sector employees and applies even if the workplace is not unionized, Meyer writes. He cautions that the NLRB 's position on social media has not been tested in the couns, and the legal issues are still developing. •

Phones Used as Shields Cell phones are a great way to stay connected when you're away from the office or home. But according to a recent survey by the Pew Research Center's Internet & American Life Project, 13 percent of cell phone users use their devices to avoid interacting with people around them. Other findings from the survey include: • Eighty-three percent of American adults own some son of cell phone. • HaJf of all adult cell owners (51 percent) had used their phone at least once to get information they needed right away. One quarter (27 percent) said that they experienced a situation in the previous month in which they had trouble doing something because they did not have their phone at hand. • Fony percent of cell owners said they found themselves in an emergency

situation in which having their phone with them helped. • Forty·two percent of cell owners used their phone for entertainment when they were bored.

Despite their advantages, some cell phone owners just need an occasional break - 29 percent of cell owners turned their phone off for a period

of time just to get a break from using il •

THE PKllADEl.P HIA lAWYER FALL 20U


35

duty of confidentiality extends to "information relating to the representation of a client," and it is now commonly accepted that this duty applies to client information in computer and infonnation systems as well.

Moreover, an amendment to Model Rule 1.6, suggested by the American Bar Association Ethics 2000 Commission and approved by the ABA House of Delegates, requires attorneys to take reasonable precautions to safeguard and preserve confidential information. The "Reporter's Explanation of Changes," notes that new Comment 16 "addresses the lawyer's duty of care when transmitting confidential information. Although much of the current debate concerns the use of unencrypted e-mail, the Comment speaks more generally in terms of special security measures and reasonable expectations of privacy .... "

• Use "power-on" password settings, which require a user to enter a password before accessing a device. Generally, these settings also require the use of a password when a device has not been used for a specified amount of time;

• Change the default password on your devices, and make certain the password is neither simple nor obvious. Quite often. the default password on a device is the last four digits of the device's phone number, information easily determined. In fact, all journalists had to do was dial directly into the victims' phones and enter a default or easyto-remember password, such as "1111," to gain access to their voicemails.

• Do not store important information on peripheral storage devices, such as SanDisks, because that data is generally not protected by the power-on password; Faced with the reality of these threats,

and a lawyer's duty of "competence" under Rule 1 .I , it is clear that an attorney's obligations apply to electronic client data on computers, mobile devices and elsewhere. Thus, the question posed is what reasonable precautions must lawyers take to protect that data.

Lawyers must periodically review

their security

• Create a written plan specifying your fmn's mobile device security policy;

• Create a written plan specifying your firm's policy if a mobile device is lost or stolen;

First, as with technology itself, what is perceived to be reasonable is an evolving concept, i.e., lawyers must remain familiar with any changing obligations placed on them, whether by Rule, or by state or federal law, to ensure that they comply with these changes.

Second, as technology advances occur, lawyers must periodically review their security measures to ensure that they still reasonably protect the security and confidentiality of their clients' documents and information. A breach of these duties

measures to ensure that they still reasonably

protect the security and confidentiality

of their clients'

• Create an official policy detailing the steps your finn will take if a data breach occurs;

• Store only information you absolutely need to on these devices, e.g .• do not store Social Security numbers or other personal client data unless absolutely necessary;

• Backupdataoo the devices to a secure location at regular intervals; and,

documents and • Password protect documents and

other items on the devices that contain confidential information. information. Smartphones are extremely popular,

for good reason. They allow attorneys to make phone calls, read and respond to email and text messages. browse the

can result in a malpractice action. Third, there may be circumstances

when lawyers may have contractual duties to protect client data. This is particularly relevant for lawyers with clients in regulated industries, including health care and financial services, which have regulatory and other requirements to protect privacy and security. In addition, various state and federal statutes and regulations may require protection of defrned categories of personal information, including information maintained by lawyers.

Fourth, there are many ways to protect against data loss: • Do not store information on mobile devices that you cannot

afford to lose; • Be vigilant- Do not allow these devices to be lost or stolen;

nu PHIIAD£LPH1A lAWYElt FAu2oii

Internet, review files, perform legal research and much more. That is also why they are extremely popular among hackers seeking to access and use the data stored on these devices. For attorneys and law firms, the key to mobile security is being aware and taking reasonable precautions to prevent unauthorized access to the devices and unauthorized use of the information stored on them. • Daniel}. Siegel ([email protected]), edittJr-in-chiif of The Philadelphia !.Dwyer. is a local atttlrney who operates the Law OJfices of Daniel f. Siegel, LLC and is the president of integrated Technology Services, LLC.

Chapter Eight

Tech Devices to Make You a Better Lawyer


(c) 2011 The American Association for Justice (formerly the Association of Trial Lawyers of America) Reprinted with Permission.

37

39

BY Daniel J. Siegel Attorney Daniel J. Siegel IS the pres1dent of Integrated Technology Sen11ces 1n Havertown. Pennsylvania. He can be reached at l [email protected].

tech

t 's :1 cl iche. but it's often true that the only difference between men and boys is the cost o f their toys. Th is expression seems especially valid for lawyers and their clccrronic "toys"

g:~dgcts like smart phones, tablet comput ers. and e-book readers. Yet these roys can more th;m pay for themselves in increased productivity in court, at client mectinbrs, or almost anywhere else a lawyer chooses to usc them.

Let's look !irst at thcsmartphone, a term used to describe mobile phones-like the iPhonc, Droid, and lllackBerry-that act like minicomputers. These ubcr-phoncs have been part of the rech-savvy oial lawyer's communic:Jtions arsenal for years.

We don't buy mobile phones anymore based on how well we can hear a caller. Instead, we buy them because of all their other features, many of which arc essential to the work that n·iallawycrs do: -• Appointment calendars. Wondering

whet her a proposed meeting connicts with a scheduled hearing? Just check your phone.

• Address books. No need to call the office to get a client's or colleague's phone number when your entire address book has been loaded onto your phone.

• Web browsers. When you need to locate inform:Hion quickly, run a search on your phone's browser.

.. E-mail and tex t messaging. Nearly c.VI!I'')'On c uses their phones to n:ccivc anJ rc~pumlw e-mai l, and text mcssabri ng has become nearly as ubiquitous.

M o rc h 2 0 II II Trial

Tech Devices to Make You a

Better Lawyer ... Vo ice recording. Dictation using

a cassette recorder is so passe. Ins tead. usc your smarrphone to

record your thoughts, and then instan tly e-mail them to your o ffice to be transcr ibed before you return.

• Dibrita l cameras :tnd video recorders. Remember when Polaroid insta nt cameras were considered high tech? Rut so inconvenient. How many times have you wished you had a camera with you? With a smartphonc. you do, and the picture quality is just as good as- if nor berrer than-what )'UU get w ith some cameras. Several phones also fearure video capabil iry. You can t:Jkc photot,'Taphs or videos of clients or accident scenes, for example, and e -mail them to your office with cnse.

• Applica tions ("npps"). Need to read or edi t n Word document, Excel spreadsheet, or pdf? There's an app for that- and fo r almost everything else you can imagine. T hese arc only a few of the features

th:H ma ke smart phones a necessity for many lawyers.

Tablet Computers Heralded as a consumer device, the tab let computer is an especia lly versatile mol for the busy trial lawyer. Unlike the smartphonc market, wh ich is fragmented and filled wi th new competi tion almost daily, the tablet market has so far been dominated b)• Apple's iPad, so I' ll focus on its specific characteristics.

If you've been us ing a smartphone, you know how ha rd it can be ro read anything- like e-mail- on a tiny screen. That's the first advantage of working wi th a n iPad. With its notebook-size screen, sending and receiving e-mail is

actually a pleasure, although ir may take some practice to get used to using the on-screen keyboard.

Assuming you either have access to a Wi-Fi connection or purchased a model with direct Internet access. you can usc the iPnd 10 do almost anything you could do on a desk top or laptop computer. You can usc Googlc Maps, for example, to show a client an accident scene or ro \'e rify a witness's description of ir. You can store case inform:Hion. including videos. photos, and fi les, on the device, allowinl{ for ins tnnt access wherc\'Cr

WE DON'T BUY rnobile phones based on how well we can hear a caller. We buy them because of

all their other features, 1nany of which are essential to the work that trial lawyers do."


40

you :~re. You can log onto legal rese:~rch sites to verify or contest :1 point roised by opposing counsel or n judge.

The iPad supports n wide rongc of file types, including -o im3ges (jpg. tiff, and gif) -o videos (H.264, mpcg-4, m4v, mp4,

and mov)

-o Microsoft Word documents (doc and docx)

-o Web pages (htm and html) -o Microsoft Power Point files

(ppt and pptx) -o text files (txt) -o rich text form3t files (rtf) -o cont3Ct information

(vcf/Outlook format) -o Microsoft Excel spreadsheets (xis

and xlsx) -o 3udio files (AAC, mp3, Audible, 3iff,

and wav). Numerous 3pps can greatly enhance

your use of the device. The price of these varies, and many are free. Apple's suite of productivitY programs lets you create documents and spreadsheets on the go. With the Adobe Acrobat app, you can bookmark long pdf files for easy access and search scanned files, work with portfolios, and use commenting tools easily. Another pdf reader called GoodReader allows you to read very large documents, so you can cre3te 3 librory for a trial , deposition, or settlement conference. The Dragon Dictation 3pp (based on the popular Dragon NaturallySpeaking software) turns spoken words into text, so you can use youriP:ld to tnkc dictation.

These are only a smattering of the ways

in which an iP:Id can be an invruuable assistnnt whenever you leave your office.

E-book Readers The Kindle, Amazon.com's e -book re3der, is one of the simplest ways to t01ke Iiies with you to court and other proceedings. There are numerous competitors to the Kindle, but while Amazon

:. t

WITH THE IP AD'S notebook-size screen, sending and receiving e-mails is actually a pleasure,

although it may take some practice to get used to using the on-screen keyboard."

keeps its sales figures a closely guarded secret, it seems clear that bec3use the Kindle is Amazon's biggest-selling product, it likely has the lion's share of the e-book-reader market.

Unlike smartphones and iP:Ids, which perform a v:~riery of functions, the Kindle is simply a highly efficient black-andwhite-screened document reader- and I love it. Reading books (which download almost instantly) and other documents is a pleasure, and while the iPnd is virtually useless in bright sunlight, you can use the Kindle to read a book on the beach on a sunny day.

For attorneys, the Kindle's main nttraction is its portabilitY. If all you want is 3 gadget that lets you access and read documents, then the Kindle is for you. It's lightweight, the screen resolution is excellent, and the second-generation Kindle recognizes items in the following formats: -o Kindle documents (AZW and AZWl) -o text files (txt) -o unprotected Mobipocket books

(MOBI :~nd PRC) -o audio book.c; (AA and AAX) -o music (mp3)

Plus, and this is a big plus, you can either drag and drop compatible files (such as pdfs) right from your computer to the Kindle (as long as it's plugged into your computer), or download content to the Kindle from your computer wireJessly. Kindle's Personal Document Service allows you to e-mail approved files to your Kindle's e-mail address. To use it, you simply send the document you want to load to your Kindle-specific

e-mail address. From there, Amazon can transfer the files wirelessly in a Kindlecompatible format to your device for a nominal fee of 15 cents per megabyte in the United States.

To avoid having to pay a fee, or if you' re not in wireless range, just send an e-mail to "n3me"@free.kindle.com (an e-mail address that you create on Amazon's Web site). In a matter of minutes (sometimes even seconds), you will receive an e-mail with the converted document attached; from there you just download the files vi:~ USB in a Kindlecompatible format.

Generally, it takes about five minutes to receive your documents this way, although documents that are in experimental file formats (such as pdf files) may take longer.

I use my Kindle to load and bring files to court, depositions, bar association meetings, and otherevents.lfl have downtime, I can read a book or magazine or newspaper. The device has worked flawlessly for years.

Smartphones, tablet computers, and e-book readers are not only fun to use; they c:~n help lawyers do what they do better, faster, and cheaper. And because they cut w3y down on the average lawyer's paper pushing, they're environmentally friendly too. Easy to use, compact, and lightweight, they can help even the least tech-savvy attorney be more productive-virtually anywhere. Ill

The views expressed in this article are the author's and do not constitute an endorsementor any product by Trial or MJ.

Trtal II March 2011


Smartphones and Mobile Apps for Lawyers€¦ · With more than 800,000 apps currently available,...

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