The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/163881
In addition, all lawyers are bound by ethics rules. Recent changes to the Model Rules of Professional Conduct by the American Bar Association make it clear that lawyers must understand the risks associated with relevant technology (Rule 1.1). Rule 1.6 now makes it clear that "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." There are many other regulations, standards and agreements potentially impacting your firm or your clients' sensitive information, including PCI-DSS, EU Common Directive, protective orders and outside council engagement guidelines. The challenges are compounded if the mobile device is used as a gateway to a cloud service. Once sensitive documents are in the hands of a third party, they are subject to the information security, privacy policies and terms of service of the cloud provider. The cloud provider may in turn use other cloud providers — multiplying the potential for exposure. Often, firms trust lawyers will use good judgment and avoid putting sensitive information in the cloud. Unfortunately, modern mobile devices have the ability to sync data to services such as iCloud, SkyDrive and Google Drive "behind the scenes," meaning sensitive documents might sync into the cloud without the lawyer's knowledge. WHAT ARE THE RISKS? MANAGING THE RISKS The bring your own device (BYOD) craze exposes a firm to risk primarily because it allows potentially sensitive information to be created and stored outside the firm's secure perimeter. If the device becomes a lawyer's primary device, the firm may also be exposed to risk should the lawyer miss a deadline due to a broken device or if the device contains unique documents subject to a litigation hold. Consumer-owned devices can also complicate the fulfillment of client obligations, such as the secure deletion of all document copies at the end of an engagement. Considering all the regulations and potential risks, it's tempting to just say no to these devices but that is often an unrealistic — option. Instead, firms must consider the best ways to mitigate the risks involved with these devices. • Encryption: Any mobile device should be passwordprotected and encrypted, and lock after a short period of inactivity. Effectively encrypting information while at rest and in motion can provide a safe harbor from the onerous Legal Calendar and Docketing — Could it be that easy? Docket Enterprise provides a comprehensive calendar and docket solution that is ideally suited for both litigation and non-litigation practice areas. 56 Peer to Peer See just how easy it is. Contact