Date post: | 11-Apr-2017 |
Category: |
Law |
Upload: | clio-legal-practice-management-software |
View: | 300 times |
Download: | 1 times |
#ClioWeb
Instructors
Joshua Lenon• Lawyer in Residence at Clio• Attorney Admitted in New
York• @JoshuaLenon
#ClioWeb
Instructors
Alli Gerkman• Director, Educating
Tomorrow's Lawyers• Attorney Admitted in
Colorado• @AlliGerkman
#ClioWeb
Agenda
• Foundations for Practice study (15 minutes)• Lack of privacy (10 minutes)• Lawyer’s duty of privacy (15 minutes)• Discretion (10 minutes)• Questions (10 minutes)
9© 2016 IAALS – Institute for the Advancement of the American Legal System.
9
Alli GerkmanDirector, Educating Tomorrow’s Lawyers
10© 2016 IAALS – Institute for the Advancement of the American Legal System.
10
www.foundationsforpractice.com
Twitter: @AlliGerkmanEmail: [email protected]
11© 2016 IAALS – Institute for the Advancement of the American Legal System.
40%Percentage of 2015 law graduates who did not land full-
time employment requiring bar passage
Credit: ABA Employment Survey
12© 2016 IAALS – Institute for the Advancement of the American Legal System.
30%Percentage of 2015 law graduates who did not land full-
time employment recognizing law degree
Credit: ABA Employment Survey
13© 2016 IAALS – Institute for the Advancement of the American Legal System.
25%Percentage of 2015 law graduates who did not land full-
time employment (including professional and non-professional)
Credit: ABA Employment Survey
14© 2016 IAALS – Institute for the Advancement of the American Legal System.
71%Percentage of third-year law students who believe they
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey
15© 2016 IAALS – Institute for the Advancement of the American Legal System.
45%Percentage of law professors who believe new lawyers
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey
16© 2016 IAALS – Institute for the Advancement of the American Legal System.
23%Percentage of practitioners who believe new lawyers
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey
17© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Identify the foundations entry-level lawyers need
2. Developmeasurable models of legal education that support those foundations
3. Align market needs with hiring practices to incentivize positive improvements
18© 2016 IAALS – Institute for the Advancement of the American Legal System.
The number of states that distributed the survey
37
19© 2016 IAALS – Institute for the Advancement of the American Legal System.
24,137The number of valid responses to the survey
20© 2016 IAALS – Institute for the Advancement of the American Legal System.
147The number of foundations we asked about
21© 2016 IAALS – Institute for the Advancement of the American Legal System.
InitiativeIdentify relevant facts, legal issues
Make decisions and deliver results
Conduct and defend depositions
Critically evaluate arguments
Diligence
Integrity and trustworthinessWork as part of a team
Listen attentively and respectfully
22© 2016 IAALS – Institute for the Advancement of the American Legal System.
InitiativeIdentify relevant facts, legal issues
Make decisions and deliver results
Conduct and defend depositions
Critically evaluate arguments
Diligence
Integrity and trustworthinessWork as part of a team
Listen attentively and respectfully
25© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short Term
Over Time
Advantageous
26© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short Term
Over Time
Advantageous
Not Relevant
27© 2016 IAALS – Institute for the Advancement of the American Legal System.
77The number of foundations identified as “Necessary in the Short Term” by 50% or more of the respondents
29© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential2. Arrive on time3. Honor commitments4. Integrity and trustworthiness5. Treat others with courtesy and respect6. Listen attentively and respectfully7. Respond promptly8. Diligence9. Strong work ethic10.Attention to detail
11.Conscientiousness 12.Common sense13.Intelligence14.Research the law15.Take individual responsibility16.Emotional regulation/self-control17.Speak professionally18.Strong moral compass19.Write professionally20.Exhibit tact and diplomacy
Foundations for Practice
30© 2016 IAALS – Institute for the Advancement of the American Legal System.
1.Keep information confidential2. Arrive on time3. Honor commitments4. Integrity and trustworthiness5. Treat others with courtesy and respect6. Listen attentively and respectfully7. Respond promptly8. Diligence9. Strong work ethic10.Attention to detail
11.Conscientiousness 12.Common sense13.Intelligence14.Research the law15.Take individual responsibility16.Emotional regulation/self-control17.Speak professionally18.Strong moral compass19.Write professionally20.Exhibit tact and diplomacy
Foundations for Practice
31© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential2. Arrive on time3. Honor commitments4. Understand and apply legal privilege5. Proper timekeeping/billing6. Document and organize a case/matter7. Show loyalty and dedication8. Set clear professional boundaries9. Handle dissatisfaction appropriately
10.Recognize and resolve ethical dilemmas
11.Conclude relationships appropriately12.Exercise independent judgment13.Adhere to proper collections
practices14.Provide high quality legal advice
Professionalism
32© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential2. Arrive on time3. Honor commitments4. Understand and apply legal privilege5. Proper timekeeping/billing6. Document and organize a case/matter7. Show loyalty and dedication8. Set clear professional boundaries9. Handle dissatisfaction appropriately
10.Recognize and resolve ethical dilemmas
11.Conclude relationships appropriately12.Exercise independent judgment13.Adhere to proper collections
practices14.Provide high quality legal advice
Professionalism
34© 2016 IAALS – Institute for the Advancement of the American Legal System.
Keep info confidentialFirms, 1-10All Respondents
35© 2016 IAALS – Institute for the Advancement of the American Legal System.
35
www.foundationsforpractice.com
Twitter: @AlliGerkmanEmail: [email protected]
#ClioWeb
Nearly half of Americans (45 %) have been notified that their information
could have been affected by a data breach.
#ClioWeb
Almost three-quarters (74 %) say they worry about the security of
Their personal information while shopping on-line.
#ClioWeb
Privacy Breaches Increasing
0
50
100
150
200
250
300
350
2005 2006 200 2008 2009 2010 2011 2012 2013 2014 2015
ReportedBreaches
Source:IdentityTheftResourceCenter
#ClioWeb
Lawyers are Trusted (More than Some)
80%trustDoctorstotellthetruth
70%trustTeacherstotellthetruth
42%trustLawyerstotellthetruth
Source:UKLegalServicesBoard
#ClioWeb
Confidentiality & Privacy for Lawyers
4 Considerations When it Comes to Confidentiality and Privacy for Lawyers:
1. Evidentiary2. Ethics3. Statutory4. Technology
#ClioWeb
Attorney-Client Privilege
“encourage[s] full and frank communication between attorneys and their clients.” Upjohn Co. v. United
States, 449 U.S. 383 (1981).
#ClioWeb
Attorney-Client Privilege
• Limited to communications between the client and attorney• Privilege rests with the client; even beyond the grave, Swidler & Berlin v.
United States, 524 U.S. 399 (1998)• Waiver possible• Inadvertent disclosures is not necessarily waiver, if:
– the disclosure is inadvertent;– the holder of the privilege or protection took reasonable steps to prevent
disclosure; and– the holder promptly took reasonable steps to rectify the error
#ClioWeb
Work Product Doctrine
Federal Rules of Civil Procedure Rule 26(b)(3)• “Ordinarily, a party may not discover documents and tangible things
that are prepared in anticipation of litigation...“• Materials may be discovered if the party shows that it has substantial
need for the materials to prepare its case and cannot, without unduehardship, obtain their substantial equivalent by other means.
#ClioWeb
MRPC Rule 1.6
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
#ClioWeb
MRPC Rule 1.6(b)
• prevent reasonably certain death or substantial bodily harm
• prevent the client from committing a crime or fraud
• prevent, mitigate or rectify substantial injury to the financial interests or property of another
• secure legal advice about the lawyer's compliance with these Rules
• establish a claim or defense on behalf of the lawyer
• comply with other law or a court order
• detect and resolve conflicts of interest
#ClioWeb
MRPC 1.6
(c) 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.
#ClioWeb
California Business and Professions Code §6068
(e) (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.
#ClioWeb
Privacy
• Personally Identifiable information (PII)1. Information that can be used to distinguish or trace an individual‘s
identity • Name, social security number, date and place of birth, mother‘s maiden
name, or biometric record
2. Other information that is linked or linkable to an individual• Medical, educational, financial, and employment information.
#ClioWeb
Android ID +GPS data + Video viewing information= PII
Yershov v. Gannett Satellite Information Network Inc., No. 15-1719 (1st Cir. Apr. 29, 2016)
Video Privacy Protection Act (VPPA)
#ClioWeb
State Privacy Laws
Think broadly, it’s not just your location, but the location of all of your clients and contacts
#ClioWeb
Privacy
• Notification duties in the event of a breach–Must notify all affected parties
• Reporting duties to regulators• Right of action for impacted individuals
#ClioWeb
Canada Privacy Law
• Government Limits– Privacy Act– Access to Information Act– Freedom of Information Act– Freedom of Information and Protection of Privacy Act (FOIPPA)
• Private Company Limits– Personal Information Protection and Electronic Documents Act (PIPEDA)– Canada Anti-Spam Legislation (CASL)
#ClioWeb
Business Areas
• Financial information – under the Gramm Leach Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transaction Act (FACTA), Red Flags Rules
• Healthcare information – under the Health Insurance Portability and Accountability Act (HIPAA) and the HITECH Act
• Children information – as required under the Children Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Act (FERPA)
• Mortgage lending – under Consumer Finance Protection Board, Bulletin 2012-03
• Criminal Justice - Criminal Justice Information Services Division (CJIS)
#ClioWeb
HIPAA FinesHIPAAViolation MinimumPenalty MaximumPenalty
Individualdidnotknow(andbyexercisingreasonablediligencewouldnothaveknown)thathe/sheviolatedHIPAA
$100perviolation,withanannualmaximumof$25,000forrepeatviolations(Note:maximumthatcanbeimposedbyStateAttorneysGeneralregardlessofthetypeofviolation)
$50,000perviolation,withanannualmaximumof$1.5million
HIPAAviolationduetoreasonablecauseandnotduetowillfulneglect
$1,000perviolation,withanannualmaximumof$100,000forrepeatviolations
$50,000perviolation,withanannualmaximumof$1.5million
HIPAAviolationduetowillfulneglectbutviolationiscorrectedwithintherequiredtimeperiod
$10,000perviolation,withanannualmaximumof$250,000forrepeatviolations
$50,000perviolation,withanannualmaximumof$1.5million
HIPAAviolationisduetowillfulneglectandisnotcorrected
$50,000perviolation,withanannualmaximumof$1.5million
$50,000perviolation,withanannualmaximumof$1.5million
#ClioWeb
FTC & Cybersecurity
Federal Trade Commission (FTC)
• Established in 1914 by the Federal Trade Commission Act• Section 5 of the Federal Trade Commission Act, 15 U.S.C. §
45 grants the FTC power to investigate and prevent unfair or deceptive trade practices (UDAP Authority)
• 50 cybersecurity enforcement actions since 2002
#ClioWeb
Privacy Safeguards
3 types of safeguards must be considered and implemented
1. Administrative 2. Physical3. Technical
#ClioWeb
Law Firms Current Security
• 27% have no encryption implemented• Only 49% have intrusion detection system• Only 49% have intrusion prevention system• 39% never have outside security assessments performed• 27% use two-factor authentication• Only 5% have server logs
Source:2015ILTATechSurvey
#ClioWeb
Cloud Secures Law Firms
• 256-bit SSL Encryption• SOC II-Certified Data Center• Geo-redundancy• 3rd Party Audits on Security Settings• User-level Permissions and Access Control• PCI Compliance for Credit Cards• Encrypted Communication with Clients via Client Portal
#ClioWeb
Secure Connections
39% of lawyers use public WIFI.
Only 22% use SSL encryption on that connection.
#ClioWeb
Discretion is the better part of valor definition. Caution is preferable to rash bravery.
FalstaffKing Henry the Fourth, Part One
William Shakespeare.
#ClioWeb
Thank You
Joshua Lenon
@JoshuaLenon
Linkedin.com/in/joshualenon
1-888-858-2546
Colin McMahon
Linkedin.com/in/colinmcmahonclio
Support.clio.com
www.youtube.com/user/ClioVideo