Technology at the DCCH - Home - American Inns of Court · 2020. 5. 9. · DCCH Courtroom Evidence...

transcript

Technology at the DCCH

DCCH WiFi

ATTYSecure

@TT0rney

DCCH Technology

You should bring your device with a web camera

and have your logins for the connection.

We recommend a test prior to the hearing.

DCCH Technology

The Duval County Courthouse allows video teleconferencing (VTC)

Zoom, SKYPE, Blue Jeans, and others can be used for

remote witness or testimony.

Prior approval must come from the Judge or Magistrate.

1. Evidence Cart

2. Smartboard

3. Old School

4. BYOD

DCCH Courtroom Evidence Presentation

DCCH Courtroom Evidence PresentationThe Evidence Cart

These Carts can be used in any courtroom.

• The Carts have an ELMO (overhead document camera) and an onboard computer.

• You can hook up any device as long as you have the proper cable (HDMI or VGA).

DCCH Courtroom Evidence Presentation - Evidence Cart

DCCH Courtroom Evidence PresentationThe Evidence Cart

The picture, video, document, etc. is sent to 24 inch monitors located throughout the courtrooms.

The DCCH now has “SmartBoards” These are 70 inch touch screen display with a computer attached.

DCCH Courtroom Evidence PresentationSmartboard

DCCH Courtroom Evidence Presentation –Old School

• We still have the old school equipment such as

projector/screen, easel with butcher paper, etc.

DCCH Courtroom Technology

Every courtroom has assisted listening devices (headsets)

available.

That system is tied into the courtroom sound system and

will playback anything said into

a microphone or played from the evidence cart and

smartboard.

DCCH Courtroom Evidence Presentation –7th Floor Hearing Rooms

We use portable monitors on carts for

evidence presentation for the

7th floor hearing rooms. These carts will either have a 36

inch screen or 55 inch screen

depending on availability.

There are external speakers on each cart for audio playback.They connect using 3.5 mm audio cable.

Connect your device using VGA

or HDMI connections.

DCCH Courtroom Evidence Presentation –2nd Floor Hearing Rooms

In each hearing room there is a wall plate with VGA and HDMI connections.

They are used to project documents,

pictures, etc. to the 55 inch monitors

mounted on the wall.

All 2nd floor hearing rooms use digital court reporting (DCR)

HelpHelp

• eFiling Training is available at the Duval County Courthouse through the COC.

• Please visit www.duvalclerk.com/einfo for the latest course schedule

• Phone Support for eFiling and CORE is available during normal business hours by calling 255-2389.

Courtroom Equipment

• All equipment provided by the court is first come

first serve. So as soon as you know you have a trial

send the email requesting the equipment and training if needed.For more information or to reserve a training or equipment

please visit:

http://www.jud4.org/Technology

4th Circuit Web Site

eMail:Mike Smith MikeJS@coj.net,

Patrick Estalilla Pestalilla@coj.netMark Rivera MRivera@coj.net, or Vince Paruolo

paruolo@coj.net

Or Call:904-255-1083

For courtroom equipment training

or to reserve equipment

Please visit our new websiteAnd

http://www.jud4.org/Technology.aspxFor answers to technology questions

Part I: What is Social Media? (Social Media Defined)

Part II: Legal and Practical Applications and Concerns

� American Bar Association Formal Opinion 462, 466; and

� District Court of Appeal Opinion-Law Offices of Herssein and Herssein, P.A. v. United States Automobile Association; No. 3D17-1421

DOROTHY AND TED’S EXCELLENT ADVENTUREFrom: Dorothy Jones [mailto: dorothyjones@gmail.com] Sent: Monday, August 01, 2013; 10:34 AMTo: cindylasky@laskylawfirm.comSubject: Jones TrialHello Cindy:This is Dorothy. I hope you are doing well.I am writing about our trial next week. I know we have prepared already, but I still have a few questions about our evidence.I am wondering what do you think will be our strongest evidence against my husband?Are we going to have any surprise evidence against him? If so, do you think you can remind me what it is and maybe even send me a list, via email?I know Dave’s older son is going to testify for us on the custody issue, but what do you think he will say at trial?When you respond, can you please send the answers to my new email address which is:DorothyYoung12@yahoo.comI look forward to hearing from you soon. Please respond via email to my new email address. There is no need to call because I am going to be busy.Thank youDorothy Jones

Equal Timesharing – THE SECRET’S OUTFrom: Betty Smith [mailto:johndoe@gmail.com] Sent: Monday, August 07, 2017 7:34 AMTo: cindy@laskylawfirm.comSubject: Equal TimesharingMs. Cindy,You may not know me but my attorney works in your office.I saw her Facebook posting today and I see that she has equal timesharing with her exI do not want to do equal timesharing and she is trying to make me do it. I see why, because she has it and so she thinks everyone should do it.I disagree and it is not good for my children. They need to be with me all week so they can go to school and be prepared.Please inform my attorney that I am not doing equal timesharingThank youBetty Smith

SET ME FREE [WHY DON’T CHA BABE] YOU JUST KEEP ME HANGIN’ ONFrom: John Doe [mailto:johndoe@gmail.com] Sent: Monday, August 07, 2017 7:34 AMTo: circuitcivil@flaglerclerk.com; Matejka, KenleyCc: mediator@mediation.comSubject: docket sounding 8-7-2017 - CASE: 2016-DR-00000000-FM DIVISION: 47 IN RE: The Matter of: JOHN DOE, Petitioner/Father, And JANE DOE, Respondent/Mother.Good Morning,We have a docket sounding today, 8-7-17. My attorney, Cindy Lasky, has filed a Motion to Withdraw on 8-4-17. We are asking the court not to grant her Motion. She is not permitted to withdraw.Let me say, Ms. Lasky sucks but we want to keep her. Every time I turn around, I find out she is secretly making offers to the other attorney trying to settle my case behind my back. For sure, her clients cannot trust her as she will settle your case so fast it will make your head spin. Even though she is talking settlement to the other attorney, I have no idea what she offered or what they discussed.I have spent $9,000 on this case, only to have her try to withdraw at the 11th hour.Please do not let her withdraw as we are so close to settlement (even though I do not know what the agreement is).This is not acceptable and she must be forced to stay in this case.You are to keep me advised of the hearing and your ruling on the Motion to WithdrawThank youJohn Doe

From: Mean Client [mailto: mean client@gmail.com] Sent: Monday, July 1, 2015 7:34 AMTo: cindy@laskylawfirm.comSubject: Google reviewHello CindyThank you for doing such a good job on my child support case.I really appreciate you keeping my ass out of jail BUT REALLY???I got my bill today and all I can say is WOW !!I am not paying that bill. I paid all I am gonna pay. If you think you are going to come after me for more money, you are wrong. If you even call me or try to get more money out of me, I will post a VERY BAD google review.

Let’s just say goodbye nowGOODBYE

WHAT MATTERS MOST TO US – AS A

PRACTICAL MATTER?

• Social Media

• FaceBook

• Snapchat

• LinkedIn

• Twitter

• Instagram

• Smart Phones and Email

• Google

• Gmail

• Yahoo

• Outlook

• Phone Data

WHAT WILL WE FIND?

OTHER THAN A VIRTUALLY UNLIMITED TREASURE TROVE OF INFORMATION SUCH AS PERSONAL COMMENTS, MESSAGES, PHOTOGRAPHS, PERSONAL INFORMATION AND DETAILS ABOUT A PERSON’S LIFE, OFTEN RECORDED CONTEMPORANEOUSLY, NOT MUCH…

IN OTHER WORDS…

ELECTRONIC DISCOVERY

SOCIAL MEDIA AND ELECTRONIC INFORMATION GENERALLY DISCOVERABLE UNDER FLORIDA’S RULES –FLA. R. CIV. P. 1.350 ADVISORY COMMITTEE NOTES.

ELECTRONIC DISCOVERY – FIRST STEPS

ISOLATE AND OBTAIN SOCIAL MEDIA FROM YOUR CLIENT IMMEDIATELY.

A PRESERVATION LETTER TO OPPOSING PARTY AND ANY OTHER POTENTIAL SOURCES OF DISCOVERY A CRITICAL INITIAL STEP.

TRADITIONAL DISCOVERY REQUESTS:

- INTERROGATORIES

- REQUESTS FOR PRODUCTION

- SUBPOENA

- REQUESTS FOR INSPECTION

- MAKE CERTAIN THESE ARE NARROWLY TAILORED TO SUIT THE CIRCUMSTANCES OF YOUR CASE - Nucci v. Target Corp., 40 Fla. L. Weekly D166 (Fla. 4th DCA Jan. 7, 2015).

- CONSIDER PROVIDING INSTRUCTIONS ON HOW CONTENT IS TO BE DOWNLOADED OR PRINTED.

- USE OF FORENSIC EXPERTS

- FORENSIC ANALYSIS OF SMART PHONES AND COMPUTERS

- FORENSIC ANALYSIS OF SOCIAL MEDIA ACCOUNTS.

NOT-SO-TRADITIONAL DISCOVERY METHODS:

- SUBPOENA TO FACEBOOK, GOOGLE, INSTAGRAM, LINKEDIN, ETC.

DO NOT SERVE A SUBPOENA TO FACEBOOK, GOOGLE, LINKEDIN, INSTAGRAM, ETC., ASKING FOR USER CONTENT!

STORED COMMUNICATIONS ACT, 18 U.S.C. §§ 2701 et seq.

MAKE PRODUCTION REQUEST, OR REQUEST TO INSPECT, ARCHIVE INFORMATION INSTEAD.

NOT-SO-TRADITIONAL DISCOVERY METHODS:

- THE WAYBACK MACHINE

- THE WAYBACK MACHINE – THE INTERNET ARCHIVE

- ALLOWS USERS TO SURF 100’S OF BILLIONS OF PAGES OF ARCHIVED INTERNET CONTENT.

- HTTPS://ARCHIVE.ORG

- CAREFUL – AUTHENTICATION ISSUES!!!!!

ELECTRONIC DISCOVERY – PRIVACY ISSUES

- GENERALLY, NO PRIVACY ISSUES REGARDING SOCIAL MEDIA CONTENT – Nucci v. Target Corp., 40 Fla. L. Weekly D166 (Fla. 4th DCA Jan. 7, 2015).

- SMART PHONES, PDA’S AND EMAIL, AS WELL AS PRIVATE MESSAGING OVER SOCIAL MEDIA PLATFORMS PRESENT LIKELY PRIVACY CONCERNS – BEST TO ADDRESS ON A CASE-BY-CASE BASIS, AND BE READY TO AGREE TO A CONFIDENTIALITY AGREEMENT.

ELECTRONIC DISCOVERY – THE REALLY REALLY

REALLY BIG ISSUE - $$$

- BE CAREFUL WHAT YOU ASK FOR – YOU JUST MIGHT GET IT. A WHOLE BIG BUNCH OF IT.

- AS WITH OTHER ASPECTS OF OUR REPRESENTATIONS, NEED TO ENGAGE IN COST/BENEFIT ANALYSIS. AND YOUR CLIENT NEEDS TO HAVE THE ABILITY TO FUND YOUR TRIP IN TO THE VAST VIRTUAL WONDERLAND.

Practice and case management software provides attorneys with a way of effectively managingclient and case information, including contacts, calendaring, and documents by facilitatingautomation in law practices. Many software programs can link with cell phone apps so thatcalendars and schedules are always accessible. Practice and case management software can beserver or cloud based and can vary by features.

Features of Practice and Case Management Software May Include:

PRACTICE AND CASE MANAGEMENT SOFTWARE

Case Management:Manages your cases and matters; Search for conflicts of interest

Time & Expense Tracking:Records billable time and may link to time, billing,or accounting software

Document Assembly & Management:Assists in drafting documents and may link to word processing programs

Contact Management:Manages your contacts, including contacts phone calls, e-mails, and other correspondence

Calendaring & Docketing:Schedules and tracks calendar and docket deadlines, appointments, hearings and meetings

Time & Billing:Tracks billable time and generates client invoices; Creates reports

• https://www.americanbar.org/content/dam/aba/images/legal_technology_resources/Charts/PracticeCaseManagement_TimeBilling_IntegratedSoftwareChart.pdf

• https://www.floridabar.org/member/benefits/practice-resources/

• http://www.capterra.com/law-practice-management-software/

• http://www.capterra.com/law-practice-management-software/features-guide

• https://lawyerist.com/law-practice-management-software/

• http://www.softwareadvice.com/legal/

LAW PRACTICE MANAGEMENT SOFTWARE

SECURE LEGAL SOFTWARE MADE EASY

BEAUTIFULLY DESIGNED. SURPRISINGLY SIMPLE.

INTEGRATIONS

Virtually no learning curve.Integrated with the apps you already use today.

WE TAKE SECURITY SERIOUSLY.

256-bit military grade encryption.Same protocols as online banks.

HIPAA Compliant. The safest place for your files.

FEATURES

BOX INTEGRATION

Go paperless. Reduce clutter. Save any file online or offline.

BENEFITS:

1. Two-way sync from your computer to the software, like Dropbox.

2. Encrypted and HIPAA compliant.

3. Preview and edit files directly inside PracticePanther.

4. Smartphone and tablet apps.

5. Search for any document instantly.

6. OCR text search from your computer.

CALENDARING

Never miss a deadline again.Two-way calendar sync with Gmail, Outlook, Office365, your phone, & more.

Delegate tasks to coworkers.See which ones are incomplete.

REMINDERS BY POPUP, EMAIL, SMS.

WORKFLOWS

Save time. Automate your firm.Create a task & event workflow in 2 steps.

Create a list of tasks and events you can use on any

contact or matter.

Apply the template in one click. Watch as the tasks and events get created.

With all this free time you now have, take a vacation! Go ahead, you earned it.

Create a workflow. Apply the workflow. Take a vacation.

TIME TRACKING

Track time from your computer.Continue from your phone.

EXPENSES

Track every billable expense.Save pictures of every receipt.

EMAIL INVOICES FROM THE SOFTWARE

See when invoices are read.No more excuses that your client never got your invoice.

PANTHERPAYMENTS

Powered by LawPay

100% secure

Fraud/chargeback protection

No minimum processing

CONFLICT SEARCH

CLIENT PORTAL

More transparency = more clients.Share tasks and events with your clients.

CLIENT PORTAL

Invite clients to tasks and events.Send email & SMS reminders.

CLIENT PORTAL

Secure your communications.Two-way encrypted messaging.

INTERNAL CHAT

Secure your communications.Two-way encrypted messaging.

Chat from any computer, browser, smartphone, and

tablet.

Save a history of the messages in every chat

with each user.

See if your teammate is online. Send offline messages they

get once online.

Chat from anywhere Save a history Send offline messages

REAL-TIME ALERTS & NOTIFICATIONS

See a timeline of everything happening.It’s like Facebook alerts…but for your firm.

"FOLLOW" ANY CONTACT OR MATTER.

OVER 20 BUILT-IN REPORTS

How many hours did each attorney bill this week?

OVER 20 BUILT-IN REPORTS

Which clients owe me the most money?

Operating in the CloudYou’re Already There

What is Cloud Computing?

● Network of remote servers on internet to

store, manage, and process data

● In contrast to local server or personal

computer

Pros of Cloud Computing

● Cheap

● Scalable in either direction

● Accessibility and Availability

● Disaster Recovery

● Collaboration

Cons of Cloud Computing

● Internet Connection Required

● Ongoing Cost

● Security: is it encrypted?

○ Client Side v. Server Side

● Cloud Based Apps: Google Drive: Docs, Sheets, and Slides (this)

○ File storage and Synchronization service

○ Encrypted Server Side after 2013

■ Prior the NSA had “direct access”

■ Still not client-side encrypted

● Cloud Storage: DropBox

○ “Drop” file into designated folder→ uploaded to DropBox’s cloud

○ Available on any of the user’s devices

You Are Already in the Cloud: “Freemium”

Cloud Services

Cloud Ethics

● Permitted? Ethics Opinion 12-3

● Standard: Reasonable Care

○ “Due diligence” in researching providers “to ensure adequate safeguards”

■ Provider preserves confidentiality and security

■ Notifies attorney if served for production of client information

■ Duty to investigate the cloud provider’s security, policies, and other processes to

determine if adequate under the circumstances

■ Employing available technology to guard against reasonably foreseeable attempts to

infiltrate

Protecting Your Practice

The Florida Bar’s Tech Resources

● Practice Resource Institute

○ Management Principles

○ Staff of management advisors

● Focus Areas

○ Technology, Finance, Marketing, Management, and New Practice

● Technology courses

● FAQs

● News

● Resources

Cyber Liability Insurance: Cyber and Data Breach

Security

● 25% of firms are victims (Fla. Bar)

○ American Express and Home Depot

● Protection from internet-based risks

● Different from Technology E&O for tech firms

● First Party Coverage

● Third Party Coverage

Computer System Backup and Disaster Recovery

● The Rule of Three

○ The Original

■ Saving everything on firm server or main desktop

○ A backup of the original

■ External hard drive

○ A backup of the backup

■ THE CLOUD:Carbonite, Microsoft SkyDrive, Mozy, or Google Drive

Reducing Security Risks

● Two Factor Authentication

○ Password, Pin or Phone

● Encryption

○ Default usually not to encrypt

○ SSL (moving through networks) and “at rest”

● Data Loss Prevention

○ Monitoring outgoing email; lock access to ports

● Security Awareness Training

EMAIL AND MALWARE CYBERSECURITY

A recent report compiled by LogicForce found that of 200 law firms responding to a cyber security questionnaire:

• 2/3 had reported some sort of cyber breach• 77% didn’t have cyber insurance (which isn’t covered by many

general liability and malpractice policies)• 95% of responding firms were noncompliant with their own cyber

policies• over half didn’t have a data breach incident response plan

June 29, 2017 . “How prepared are law firms for cyber breaches? And how often are firms being attacked?”

The most serious consequence of a security breach for a law firm would be unauthorized access to sensitive client data. As attorneys we are ethically bound to take competent and reasonable measures to safeguard information relating to clients [Florida Rules of Professional Conduct 4-1.6]

ABA Tech Report 2016

As family law attorneys we often deal with sensitiveclient information, whether of a financial or personalnature.

A basic security measure that we can all use tosafeguard such information is encryption. Encryptioncan be utilized for both stored and transmitted data.

Encryption-

• At-Rest Encryption- data is at maintained in an encrypted state. Similar to having a client’s file in a locked file cabinet which is inside of a locked storage room.

• In Transit Encryption- data stays encrypted while being moved. This prevents files from being intercepted by hackers or making changes for a spear phishing hacks.

Encrypted email providers• Rmail, AppRiver, Hushmail, ProtonMail

Don’t be that guy . . . or gal!

“Clients Sue Lawyer With AOL Email Burned by Cyber Scammer”

A New York real estate lawyer was sued by her clients afterthe attorney’s AOL email was hacked by Chinese hackers who,in a series of emails, posed as her, as well as the seller’sattorney, which resulted in the clients transferring nearly $2million dollars into a fraudulent bank account. The clients’complaint contends that AOL email accounts are “notoriouslyvulnerable” to hacking.

Fortune. April 19, 2016

http://cochintaxi.in/image/ribey/index.php

bad4eva93@aol.com

Judi Setzer(not me)

Millions of computers are infected with malware including viruses, spyware and ransomware.

In May 2017 the “Wanna Cry” ransomware affected hundreds of thousands of computers in over 100 countries. The ransomware exploited a Microsoft Windows vulnerability to encrypt the data on the infected computers and demanded ransom payments in Bitcoin to release the key to the encryption. Microsoft had discovered the vulnerability two months earlier and had released a security patch but many users had failed to install the update by the time of the attack.

Take steps to prevent your computer from being infected:

• Install security software from a reliable company and set it to update automatically

• Set your operating system and web browser to update automatically

• Copy important files to external drives on a regular basis• Use a pop-up blocker

• Don’t click on attachments and links in unsolicited emails. Before opening any link, hover over it until you see the address.

• If you must download a file from the internet, use your anti-virus software and scan it before you run it.

• Don’t use open or unsecured Wi-Fi

Be on the lookout for signs of malware:

• Computer runs slowly• Drains battery quickly• Displays unexpected errors or crashes• Wont shut down or restart• Serves a lot of pop ups• Changes our home page

If you suspect malware, stop using your computer for things that require passwords, update your security software and run a systems scan. Then change all of your important passwords.

The Florida Bar website has a link for Cybersecurity and Alerts

Technology at the DCCH - Home - American Inns of Court · 2020. 5. 9. · DCCH Courtroom Evidence...

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