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We're pleased to announce the latest addition to the ABA TechEZ program: Privacy Data Systems.
Privacy Data Systems offers a secure platform for electronic communication. Email messages and attachments are encrypted both in motion and at rest in Privacy Data Systems' secure vault, and users can track exactly when messages are received and attachments are downloaded.
Other features include:
- Upload/transfer large files, eliminating the need for complicated FTP setups or expensive couriering of discs/flash drives;
- Collect signatures electronically to keep your practice paperless;
- Store files in a secure, web-based Private Vault so you can access them anywhere.
ABA members receive a 15% annual discount on Privacy Data Systems – just enter code "ABA".
Visit ABA TechEZ to learn more about the discounts, savings and training opportunities available exclusively to ABA members.
· When sending a news story to a group of members or colleagues, send the e-mail to yourself and bcc everyone else to avoid sharing the e-mail addresses of everyone in the group.
· Create e-mail distribution lists (referred to as Contact Groups in MS Outlook 2010) when emailing multiple contacts. This enables you to quickly and easily contact the members of any particular group (e.g. Bar Association committee members) without having to type in individual e-mail addresses.
· Create, review and enforce an Internet and e-mail usage policy.
· Check your e-mail junk folder periodically. While no one is interested in spam even the best junk-mail filters catch legitimate messages you’d like to read. Make a point of looking in this folder on a regular basis to make sure you don’t miss something or someone important and whitelist them if necessary.
· Proof your e-mails before sending them. For Microsoft Outlook 2007: click Tools, Options, go to the Spelling Tab and enable Always Check Spelling before Sending. For Microsoft Outlook 2010: click File, Options, Mail, Editor Options. Under the section ‘When correcting spelling in outlook’ click the Check spelling as you type and the Check grammar as you type check boxes, Ok.
For additional email tips and tricks, check out the blog post Mastering Microsoft Outlook in 2012 and the newly released book, The Lawyer's Guide to Microsoft Outlook 2010 to regain precious time while getting the most out of Microsoft Outlook. Passwords are the first, and sometimes last, line of defense when it comes to data security. It's vital to use strong passwords for all of your devices and accounts. What constitutes a strong password? Here's a quick refresher:
- The length should be at least 8 characters, with some security experts now recommending 15+ characters.
- The password should include upper and lower case letters, numbers, and special symbols if possible.
- Your password should not be a single dictionary word. One of the most basic hacker attacks involves cycling through dictionary words in an attempt to break a password.
- That said, pass phrases, which combine multiple common but unrelated words into a lengthier phrase can be extremely secure. For example, you might take the last four street names you've lived on and add some punctuation: "Oak 12th Franklin Main!" That pass phrase includes upper and lower case characters, numbers and special characters (both the spaces and the exclamation point), but it's considerably easier to remember than a gibberish password like fe@3d?!ERc1#.
- You should use different passwords for different services/devices. One popular hacker strategy is to hack small, minimally secured sites to obtain a list of email addresses and passwords. The hacker then takes those combinations over to more secure websites, like web mail or a banking site, and tries to use them to access more valuable data. Using different passwords insulates you from that type of exploit.
- Never write down your password in an unsecure location. The classic mistake is the sticky note on the monitor with the user's passwords written on it, or nearly as bad, an unencrypted text document on the computer filled with the user's passwords. If you need help keeping track of your passwords, use a tool designed for that purpose like LastPass or KeePass.
If you're going to use a Smartphone, having the ability to remotely wipe it is essential. With remote wiping, if your device goes missing--whether via theft or simply by losing it--you can quickly take steps to erase all data from that device. Remote wiping requires that the device be connected to the service provider's network, so it's important to do the remote wipe immediately after you realize you've lost your device.
If you're working in an enterprise environment where email accounts and especially mobile devices are managed centrally, either by the firm or a third party, work with the administrators to determine the best remote wiping solution. Chances are good they already have a policy/strategy in place that you should be taking advantage. If not, consider one of these methods:
Android
Starting with Android 2.2, remote wiping became available as a feature of the OS. In group settings, remote wipe has to be initiated via the Exchange server or the central Google Apps account. If you're a solo or small firm practitioner, or you're simply using the device independently of the office, you'll probably need to install a third party app to enable remote wipe.
Two popular apps for this function are:
Android Lost (Free) Allows users to remotely control an Android phone via the Internet or SMS. Can use it to read SMS inbox/sent, wipe the phone, lock the phone, locate the device, and more.
Where's My Droid Pro ($3.99) Allows user to locate phone by GPS or by ringing, remotely wipe device or inserted SD card, and enable a special ringtone when the device is lost. App can be activated via a landline phone.
BlackBerry
Again, remote wiping on most BlackBerry devices would be handled by your firm or organization's Exchange administrator. If you're using a personal BlackBerry or don't have a central administrator in your practice, one solution is to install an app available from RIM: BlackBerry Protect. The app is downloaded through the BlackBerry AppWorld, but once installed you'll be able to backup your device wirelessly, lock or wipe its contents, locate the device via GPS, and quickly restore your settings and data to a new device.
iPhone
To set up remote wiping on your iPhone, you'll need to enable Find My iPhone. On iOS 5, you access that by navigating to Settings à iCloud and clicking to enable "Find My iPhone." Once enabled, all you need to do to locate, lock, or wipe your iPhone is to visit www.icloud.com, log in, and click "Find My iPhone."
Windows Phone
To remotely wipe a Windows Phone device, start by logging into www.windowsphone.com using the Windows Live ID you used to sign up. Click the "My Phone" link and then click the link to "Find My Phone." The first time you do this you'll be given specific instructions to follow to properly set up the process. From there, you'll be able to lock the device, make the phone ring, or erase the contents of the device.
It's almost time for this year's ABA TECHSHOW. TECHSHOW is a great opportunity to catch up on the latest advances in technology. Knowing what's available and how to utilize it properly can help make your practice more secure and more efficient. This year's lineup includes 13 educational tracks on a wide range of topics.
As an example, here are the sessions included in this year's Litigation track:
Preparing to Litigate: The Latest Smart Litigation Management Tools Lawyers and their staff can be overwhelmed by the sheer volume of materials in even the smallest of litigation matters. Are you using the latest technology to help you prepare a case for litigation? This session will discuss the different technology tools including jury selection Apps for voir dire, document cameras, remote witness technology, iPads, to help prepare a case for trial, mediation or settlement, efficiently and at a reasonable cost. Speakers: Dan Siegel, Martin Tully
Effective E-Discovery in Small Cases How to effectively conduct E-Discovery in a small case within a reasonable budget? Is E-Discovery necessary when you are on a limited budget in a small case? Our presenters believe so. Ignoring E-Discovery on a small case could be negligence. Come and learn what options are available for small cases at lower cost designed for the "little guy." Speakers: Sharon Nelson, Bruce Olson
Courtroom Technology: Evidence and Persuasion This panel discussion will focus on persuasion and admissibility of technological evidence as plaintiff's counsel, defense counsel and trial judge give viewpoints on the persuasion, presentation and admissibility of the proposed evidence. Speakers: Hon. Thomas Hogan, David Sparks, Paul Unger
iWin: iPads for Litigators Lawyers continue to find innovative ways to use the iPad in their practices, with many turning to tablets in the courtroom. Our expert faculty will take you through an entire lawsuit, from filing through verdict, to show you how an iPad can help every step of the way. Whether it's document review, depositions, jury selection, legal research or document presentation, you'll learn why the iPad has the potential to become your trial technology of choice. Speakers: Tom Mighell, Paul Unger
ABA TECHSHOW 2012 will also include 60 Tips in 60 Minutes, 60 Sites in 60 Minutes, a large expo hall, and a keynote address by lawyer, writer, economist, actor and TV personality Ben Stein.
The conference and expo will take place on March 29-31, 2012 at the Hilton Chicago. Early bird registration runs through February 17th. Learn more at the ABA TECHSHOW website. We've added two new Tech Training videos to our training library. These videos introduce a pair of leading web-based project management tools: Basecamp and Remember the Milk.
Introduction to Basecamp With Basecamp, you can organize and manage time-sensitive and deadline-driven projects. Basecamp aids lawyers in breaking down complicated projects into milestones and discrete tasks. It also offers a shared document space and whiteboards for brainstorming.
Introduction to Remember the Milk Remember the Milk offers a simple, intuitive tool for managing your to do list. Organize tasks by client or matter, tie them to specific geographic locations, and share and collaborate on tasks with colleagues.
The LTRC's Tech Training Library is available exclusively to ABA members and currently holds more than 50 brief, focused training videos on topics ranging from general productivity software to legal-specific case management tools.
Have a topic you'd like us to explore? Send us an email. As we close out 2011, it's a great time to reflect on the past year and pick up a few new tips and tricks to carry you into 2012. Here are some of the tips the law practice management advisors have shared recently:
- Jim Calloway blogged about some of the interesting gadgets, gizmos and apps from 2011, noted ten classes of websites for lawyers, and offered some time management tips for social media.
- Ellen Freedman wrote about using LinkedIn to market legal services in a crowded marketplace and about pursuing best practices.
- Nerino Petro noted a discussion about retweet taxonomy.
- David Bilinsky pointed to a tool to help you determine if your online accounts may have been compromised, shared his nominations for some of the best Canadian law blogs in 2011, and posted a very interesting two-part post listing tips and predictions for 2012 from some prominent legal technology and practice management experts (part 2).
- Erik Mazzone offered a reason to switch to Google Chrome, provided an initial review of Amazon's new Kindle Fire, discussed the value of TripIt Pro for managing business travel, noted a useful free app for Mac OS X, and wrote about the impact new voice recognition tools like Siri and Majel may (or may not) have on search engine optimization for lawyers.
- At the Massachusetts LOMAP blog, Jared Correia blogged about unplugging when working outside of the office, using background timekeeping tools, some highlights from the LOMAP blog in 2011, and the best guest posts on the blog during the year. Also on the blog, Rachel Willcox wrote about using Adobe Muse to create websites.
- Dan Pinnington shared a risk-management checklist for sitting on a non-profit board, warned about ongoing fraud attempts targeting lawyers, and pointed to a comparison of the major smartphone platforms—iOS, Android and Windows Phone.
- Beverly Michaelis offered a great two-part FAQ on general law practice management issues (part 1) (part 2), noted and summarized important Oregon ethics opinions on cloud computing and metadata, and discussed a move to regulatory e-notices in Oregon and the importance of appropriate email whitelisting.
- Sheila Blackford blogged about the importance of finding good mentors.
You can stay up-to-date on the latest blog posts from practice management advisors by subscribing to our PMA Pipe RSS Feed.
If one of your resolutions is to become more tech savvy, MS Outlook is a great place to start. Outlook is likely the most used Microsoft Office application, but few use this application to its greatest advantage. However, just in time for the New Year, The Lawyer's Guide to Microsoft® Outlook 2010 is available for 2012 delivery.
Written specifically for lawyers, this guide illustrates how to get the most out of your technology investment and improve your practice. More than just email, Outlook is also a powerful task, contact, and scheduling manager that will help you log and track phone calls, meetings, and correspondence and archive closed case material in one easy-to-store location. Order your copy today to receive an additional 15% discount.
While you are waiting for The Lawyer's Guide to Microsoft® Outlook 2010, we’ve included some additional resources to help you master Microsoft Outlook.
Video Presentations
· Replace Paper Sticky Notes with Microsoft Outlook Notes
· Creating Outlook Appointments
· Email Management Tools in MS Outlook
· Power Tricks with Email: Doing More with What You Have – This presentation is conducted by Ben Schorr, author of Lawyer's Guide to Microsoft® Outlook 2007 and the soon to be released The Lawyer's Guide to Microsoft® Outlook 2010.
Additional Resources
· Creating MS Outlook Reminders – ABA Site-tation Blog Post
· Microsoft Outlook tip: Open the next message automatically when deleting e-mail – ABA Site-tation Blog Post
· New Year's Resolution: Discover Outlook Contacts - YourABA
· 3 Tips for Managing Email in Microsoft Outlook – An article that includes information on MS Outlook 2007 and 2003
· Lawyer's Guide to Microsoft® Outlook 2007 – ABA Publishing
In the article Managing Legacy Data: The Skeletons in the ESI Closet, authors Sharon D. Nelson, Esq. and John W. Simek discuss the challenges and potential hazards that lawyers face in determining how long to keep various files and when to dispose of others;
Law firms... tend to keep data storage devices such as backup tapes, old CDs, thumb drives, cell phones, and other media well beyond what their compliance requirements or business needs dictate.
These so-called “skeletons in the closet” pose a major problem when the organization gets sued or subpoenaed because all that dusty, forgotten data is suddenly potentially discoverable…By being advised about and recommending proactive management of legacy data, law firms will be saving themselves and their clients distress and major expense down the road.
The ABA GP Solo article Reinventing Your File Management System, includes time honored factors to consider when considering how long to keep a file:
- Type of legal matter. The life cycle of a real estate or estate planning matter is much longer than that of a bankruptcy or traffic violation.
- Ages of the parties. Matters involving minor children, for example, will require longer retention.
- Statutes of limitation on attorney malpractice and grievances. “Some jurisdictions have a discovery rule, in which the statute begins tolling when the claimant discovers the problem, regardless of when the representation occurred.”
- Likelihood you will need to reopen the file. Some matters have a clear-cut end; others never reach final resolution.
- Comfort level of your client and yourself.
Tis the season to reflect, resolve and take inventory. In that spirit we’ve prepared a selection of resources that address the unique needs of lawyers when reviewing your document and email retention policies.
Records Management and Retention Resources:
Whether it’s a national emergency or a more mundane misfortune, the ability to quickly restore your data from a current backup can minimize the impact of a disaster and get you ‘back up’ and running. Implementing a strategy now will pay dividends later in the event of a disaster or the more likely scenario of computer loss, theft, or failure.
An effective backup strategy combines several methods that are automated, systematic, and redundant. Several options to consider when developing your own strategy are:
· Backing up your computer’s data to a file server or network-attached storage (NAS) device.
· Maintaining a copy of your file backup at an offsite storage facility.
· Utilizing an online storage provider
Using an online storage provider combines remote data storage with remote data access and gives you a third means of protecting and accessing your data. Many lawyers are concerned about client confidentiality when it comes to this option but when your data is encrypted before it’s stored online, online storage is a great component of your data security strategy.
Just in time for the holidays, ABA members can give as well as receive discounted pricing on two well-regarded online backup solutions:
· Carbonite Business for Windows and Mac desktop and server is available for one annual fee based on the amount of backup storage you need. There are no per-computer charges, no setup fees and never any charge for support. Your backup is encrypted at all times, and state-of-the-art, guarded data centers protect your backup from theft, fire, water damage and anything else that can happen at your office. Plans start at just $229 for 250GB or $599 for 500GB and server backup. ABA members receive two free months upon purchase.
· Mozy for Windows and Mac desktop and server is a simple and safe way to back up all the important files and documents on your computer. A copy of your data is stored in a secure, remote location for safekeeping and Mozy’s strict security policies, military-grade encryption, and world-class data centers offer optimal data protection of your business’ computers and servers. With access from any iOS (iPhone, iPad, iPod touch) or Android device. As an ABA member, you'll receive 15% off a one- or two-year MozyHome subscription or 15% off a MozyPro purchase when you use promo code ABA15 at checkout.
Additional Resources
· FYI: The Ethics of Online Backup Systems – ABA LTRC
· Using Online Service Providers – Where the Duty of Confidentiality Reigns – ABA Law Practice Today
· Avert Disaster: Protect Your Practice with Online Backups– ABA Law Practice Today
· The Ethical Implications of Online Software – ABA GPSOLO Magazine
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