12
P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 2 3
Cloud computing provides access to important files
from wherever someone is working, and using project
management software keeps legal projects on track and on
time, and ideally prevents tasks from being forgotten.
Of paramount importance is document and data
security and making sure your firm is strictly adhering to
the Sarbanes-Oxley Act to protect your clients' sensitive
information in a hybrid work model. Consider also
requiring your remote workers
to use a virtual private network
(VPN) to add another layer of
security when connecting to
remote servers via the internet.
A special note on
technology training
Whether you decide to add
new hardware, such as secure
multifunction devices that
are accessible from remote
locations, or upgrade to new
document, knowledge or project
management software, your
employees and organization
won't reap the benefits of this
new technology unless they
know how to use it to their
greatest advantage.
Your firm or department
probably already has all the legal software you need, and
of course, it's essential to keep it all updated. But you
may be surprised to learn that software is frequently
underutilized. Studies have shown that up to 64 percent
of a software program's features aren't being used, and
according to Tech Republic, as much as 38 percent of
enterprise software is underused or completely unused.
This calls for more user training and is in line with
ensuring lawyers' duty of technology competence.
More states than ever requiring
"technology competence"
It has now been more than ten years since the American
Bar Association amended Comment 8 to Model Rule of
Professional Conduct 1.1 in 2012, and since that time,
more states have adopted the
amended comment, which
reads: "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."
A lot of this pertains to
the use of cloud computing and
storage. While more than 30
state and local bar associations
have reviewed and weighed
in on the legal ethics of this
technology, the vast majority
of opinions underscore the
importance of preserving confidential client information
and that lawyers perform due diligence to make sure that
the vendors and data storage services they use are taking
verifiable precautions to secure client data. In 2016, a
group of legal cloud computing providers, the Legal Cloud
Computing Association (LCCA) released its Security
Standards to highlight essential guidelines for cloud
F E A T U R E S
"Studies have
shown that up
to 64 percent
of a software
program's features
aren't being used."
