Research Guides: Law Practice Technology: Themes

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Site Shortcut: https://umkclaw.link/lpt-guide

Seminal Issues

Mobility, Collaboration, and the Pandemic
Architecture
- Security, Backup, and Business Continuity
- To Cloud or Not to Cloud
- Paperless Office and Electronic Signatures
- People, Technology, and Processes
  - Law as Design (including but not limited to web sites)
  - How to Evaluate New Legal Technologies Systemically
Tech Competency as Ethical Duty
AI
- Technology-Assisted Review
BlockChain
Legal Education

Most Effective Tech Tools

Document Management
Time & Billing
Case & Matter Management
Financial Management
eDiscovery
Docketing Software
Knowledge Management
Mobility and Mobile Apps
Lowest ranking were AI and Blochchain

Source 2020 Solo and Small Firm Legal Technology Guide, p. 260-261 (citing Bob Ambrogi and 2019 Aderant Business of Law and Legal Technology Survey).

MS Power Automate

Priority of Software and Services

Priority of Legal Software and Services

Source of information: Bryce Phillips, Affinity Consulting

Ethics

Thirty-one states, including Missouri and Kansas, have adopted rule of technology competence

In 2012 the ABA’s House of Delegates voted to amend Comment 8 to Model Rule 1.1, which pertains to competence, to read as follows:

Maintaining Competence

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, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis added.)

ABA Formal Ethics Opinion 482 ond Duties of Lawyers Following a Disaster. See p. 176 of LTG.

ABA Formal Ethics Opinion 484 on Duties of Lawyers Following a Data Breach of Cyber Attack. See p. 178 of LTG.

Ethical issues on Attorney web sites and social media. See link.

To Cloud or Not to Cloud?

NetDocs, Why are Law Firms Moving to the Cloud (registration necessary)

Source flikr

What is the "cloud computing"?

On-demand self-service;
Broad network access over a network from a variety of devices;
Resource pooling which allows multiple users to share the same systems so that demand is assigned dynamically, as required;
Rapid elasticity, so that increased demand can be met on demand and resources may appear unlimited;
Measured service, so that both the user and the operator of the service know how to measure use of the service.

National Institute for Standards and Technology Definition of Cloud Computing, Feb. 27, 2012 (cited in David P. Whelan, Practice Law in the Cloud 9-10 (Canada Law Book 2013)).

Pro's	Con's	?
rapid reaction times	upgrade timing	cost
scalable	trustworthiness of internet connection	security
mobility	long-term commitment for best rates	confidentiality
disaster recovery	hassle of undoing the deal
less friction for software acquisition	financial viability of service provider
security	Is your data portable with this service provider? (egress fees)
data certification standards	files located out of jurisdiction
	bandwidth load
	shared ecosystem with other users
	corruption of database files

Questions to ask:

Where is the data stored?
What level of vetting do the company's employees go through?
Is data encrypted every step of the way? [And who has a master key if anyone?]
Are all systems being kept up to date with security patches? How frequently?
Does the vendor sub-contract any work?
How is the company structured? Who is legally liable for security of breaches?
How does the vendor's software integrate with your current suite of tools?
Does the vendor's software allow you to customize the security roles for your firm without having to choose from predetermined options?

See p. 174-5 of 2019 Guide.

Facts About Law Practice and Clouds

In 2018, web-based software is used by 55% of lawyers (up from 38% in 2016).
Small firms (2-9 attorneys) are the most likely to respond affirmatively at 58%.
Of those who had not used the cloud computing, the top concerns cited were:
- 56%: confidentiality and security
- 49%: less control of data because its hosted by the provider
- 39%: unfamiliarity with the technology
- 16%: lack of control regarding software upgrades

Source: The Sharon D. Nelson, John W., Simek & Michael C. Maschke, The 2019 Solo and Small Firm Legal Technology Guide (LTG), 129-130 (ABA Law Practice Division) (citing ABA Legal Technology Research Center's 2019 survey of ABA Lawyers).

Legal Cloud Security Standards

"On March 17, 2016, the Legal Cloud Computing association released the first set of cloud security standards crafted specifically for the legal industry at ABA TECHSHOW...." See http://tinyurl.com/cloud-standards, LTG, p. 163

Private Cloud Solution

Data Center, Wikipedia

What is a private cloud? A lot of the distinction between public and private is not only based on who is sharing resources, but who is responsible for the maintenance of resources. In a private cloud, the customer's IT department has much more responsibility.

Uptime Legal Systems

host all firms legal software
private cloud for law firms
Web Design and SEO
Document management
MS Office integration

Flexmanage

private cloud
backup and disaster recovery

Document Preservation and the Paperless Office

There are some things that have to stay in paper. See Supreme Court of Missouri, Formal Opinion 127: Scanning Client Files. (Official Version)

An attorney may destroy most, but not necessarily all, of the paper file, if the file is stored electronically. Items of intrinsic value may not be destroyed. Originals that may have legal significance, as originals, during the representation may not be destroyed. We encourage firms to offer the paper file to the client prior to destruction.

Missouri Supreme Court Rule 4-1.22 (6 -to-10 year file retention rule)

Guidlines for Development of a File Retention and Destruction Policy for Missouri Law Firms (includes sample plan)

http://www.paperlesschase.com/ (have to register, but information is concise and very helpful)
- includes sample engagement letter). You should question whether client can wave his or her right to have paper files destroyed per the sample engagement letter in light of the above Supreme Court of Missouri, Formal Opinion 127. Also consider Missouri Supreme Court Rule 4-1.22 (6-to-10 year retention requirement).
  - As exceptions to ten year rule, think about:
    - wills and trusts
    - promisory notes and negotiable instruments
    - deeds
    - what else?
- recommends Fujitsu ScanSnap iX500.
It's paper LESS NOT paperless
David J. Bilinsky, Chapter 30, Taking Your Firm Paperless, in Sharon D. Nelson, John W., Simek & Michael C. Maschke, The 2017 Solo and Small Firm Legal Technology Guide (ABA Law Practice Division).
Sheila M. Blackford and Donna S.M. Neff, Paperless in One Hour for Lawyers (ABA Law Practice Division 2014) (link to online catalog).
Ernie "The Attorney" Svenson Update: Paperless Lawyering (With David Sparks). Great overview of the approach to technology and issues it raises.
MacSparky - Mac-based approach to paperless and legal technology.