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Your Paperless Future: How to Find Time by Losing Paper* (* While Avoiding Ethical Pitfalls )

Your Paperless Future: How to Find Time by Losing Paper* (* While Avoiding Ethical Pitfalls ). Colorado Defense Lawyers Association Annual Meeting 2014 Doug McQuiston. Before we go any further…. Let’s get the Ethics Portion out of the way early, shall we?

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Your Paperless Future: How to Find Time by Losing Paper* (* While Avoiding Ethical Pitfalls )

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  1. Your Paperless Future:How to Find Time by Losing Paper*(*While Avoiding Ethical Pitfalls) Colorado Defense Lawyers Association Annual Meeting 2014 Doug McQuiston

  2. Before we go any further… • Let’s get the Ethics Portion out of the way early, shall we? • In many ways, it is the most important part!

  3. The Ethics Portion It’s not all about the hardware and software!

  4. The Ethics Portion:Data and System Security • Data security– it’s everyone’s problem • Strong Passwords, Encryption are non-negotiable • “Password” is not a password! • All remote access has to have “two-way” protection–at the back end via separate sign-on (SSO), username and strong password, and at the front-end, device level via remote wipe-ability, restricted view, “killswitch” and download/access controls; • System must be secure against snooping If you and your firm aren’t committed to these safeguards-- stop here and don’t go Paperless!

  5. The Ethics Portion:Getting online?- Look over your shoulder first! • Stay off unsecured wireless- no exceptions • Work-related use requires secure access, separate sign-on. • MIFI is quick, secure, reliable, inexpensive, and always available, anywhere you have a cell signal

  6. The Ethics Portion • Clouds bring storms-safer than the trunk of your car, but you still have a duty to keep it secure. • Data security is more than just good business– it’s the Law: • CRPC 1.6: Confidentiality; • CRPC1.16A: Client file retention (“A client's files, within the meaning of Rule 1.16A, consist of those things, such as papers and electronic data, relating to a matter that the lawyer would usually maintain in the ordinary course of practice.“

  7. The Ethics Portion • So– where’s your file? • Servers at the office? • Locked room? Who has the key(s)? • Backups- on and offsite? • Who maintains it? • Cloud? • Who owns it: • Where is it? • Who can see it? • What happens to it if your contract ends?

  8. The Ethics Portion • CRPC1.16A: • Retention (cannot destroy file without notice in first ten years following representation, absent signed authorization); • Written file retention policies the same whether paper or electronic files; • Return of “file” to client- what format? Must be complete, usable by client (e.g., .pdf).

  9. The Ethics Portion • CRPC 5.1, 5.3: Responsibilities of managing partner or supervisory lawyer: • Assure all lawyers and employees abide by confidentiality rules (secure sign on, strong passwords, unauthorized access, etc.); • Managing Partner, Supervisory Lawyer is potentially liable for any violations!

  10. The Ethics Portion:Clouds Bring Storms • Security– who owns your data? • If you change vendors, how do you get your data back? Is it useable, or just code? • Confidentiality- do your vendor’s techs see your client files, or just code? • Your user agreement is critical!

  11. The Ethics Portion:A Better Cloud • “Owned” cloud: your equipment, your IT techs, under your control • Access over the Web orVPN • Can load software “in the Cloud” (SaaS) to allow easy access on any device • Far less prone to hackers, unauthorized access • Control, confidentiality, and freedom • Can use Citrix or other “work anywhere” solutions.

  12. The Ethics Portion • Other ethical issues: • Metadata (what-a-data?) • “Data about data”– hidden in every document unless you remove it; • Can be exploited by third parties, adversaries; • Metadata discipline is required by everyone who sends electronic documents out (scrub it first!); • HIPAA– Are you encrypting medical records before sending to experts, adjusters, clients?

  13. OK– You’re On Board– What Next? • How it is now; • How it could be; • Getting from here to there. • Managing your content once you’re there; • Taking the Act on the Road- a Mobile Device flyover.

  14. How It Is- Sound Familiar? • Banker’s boxes, folders, Redwells, Binders, and associates to lug it all to every deposition; • Documents take days, weeks (longer?) to make it to the file; • “Printing out” emails??!! • “Where’s the latest pleading…?!”

  15. How Do We Get From This:

  16. Or this?

  17. Or Maybe Even This?!

  18. To this:

  19. Well, O.K., Maybe This:

  20. Or Maybe Even This

  21. How it Could Be • Flip the Switch: Your electronic file becomes the “official” file. Paper file size is drastically reduced. Most paper documents will be shredded. • Your paper “file” will be limited, “archival.” It will hold almost nothing. • Filing time will drop from weeks to minutes; expense, and physical storage space will be reduced by up to 80%. • Attorneys will have instant access to every document in every file, wherever they are. • What paper will we keep?! • Pleadings with original signatures (e.g., stipulations, discovery answers) • Award Orders (though these should not be saved in paper in most cases) • Proof of service (again, these can and should be stored electronically only if possible) • Paper originals/copies of depositions (electronic copies are preferred)

  22. What about everything else? • Original client documents? Scan to file, and returnto client. • All other paper will be shredded/recycled as soon as the scan quality is verified. • Dual monitors, remote access (MiFi), cross-platform availability, will enable attorneys, paralegals and legal secretaries to work the file documents “paperlessly,” at the same time if necessary, securely, anywhere with a cell signal.

  23. The Future Is Now Work anywhere with a web connection- the world is your office. Documents hit the file in minutes, not days. Work can flow between team members at the speed of the Web; Downtime = productive time (at a mediation? Use the slack time to catch up on other work); Seamless access to email, emailed attachments; Use of Box.com to move large files speeds the process; PDF Converter- more powerful than paper ever was; “App” version of your case or document management system allows full file access, billing, etc., right from your pad or Smartphone.

  24. The Hardware • Laptop/Notebook computers; • Broadband (7-10 mbps download speed preferable), and high-speed, scalable routers with wireless access points; • High-capacity, scalable servers with sufficient storage (1TB or better); • Dual, large-format LED monitors; • Sheetfeed, fast, networked document scanners. • MiFi; • Smartphone/Tablet

  25. The Software • Basic: • Windows architecture- use the folder structure for case files; • Directories, folders, subfolders; • Problems? Easy to move, delete files, folders inadvertently; accessibility issues; • Wait- what? Where’re all of our 2013 files?!?!

  26. The Software • Document Management Software (DMS): • “Digital File Room; • Automates document naming, storage; • More secure against inadvertent movement or deletion (prompts for name, location); • Easier to retrieve if lost; • Cross-platform use (can save emails, Word docs, etc., from within application– no need to “drag and drop.”

  27. The Software • Case Management Programs (CMP)- The All-in-One solution: • Handles firm management (billing, etc.) case management, and document management; • Scale, ease, and efficiency- do everything you need to do in one “world,” anywhere. • Better, smoother, more powerful “apps” for tablet, Smartphone access.

  28. Taking the Act on the Road How to get the most out of your Paperless File

  29. Remote Access • Laptop, Smartphone, Tablet, iPad? • All of the above! • Cut the Wire–wi-fi, mi-fi, broadband • But what about: • Data security? • Ethical concerns? • System availability? • Crashes? • Snooping?!

  30. Remote Access • Smartphones are more powerful than the computers on the first Space Shuttles! • Everything you need to practice law– all in the palm of your hand. • “Meet” your client via video conference, send the fee agreement, while waiting for your kid’s piano recital to start.

  31. Tablets- Your office, in your hand • Office2HD • Word • Excel • Powerpoint viewer • iAnnotatePDF • Readdle • AdobeCreatePDF • Case Management/Doc Management apps • Office email (Good, Exchange)

  32. Presenting on the iPad • Keynote, PowerPoint.– create, organize, and display slides, video, etc. • iAnnotate PDF- Mark up, callout, prepare, and display • Airplay (and Reflector)- cut the wire!

  33. Conclusion • They all come with “off” buttons! • Right tool, right place, right time-- you really can leave the laptop home (sometimes) • All about time-shifting, getting it done, and getting home on time.

  34. Your Paperless Future Questions?

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