publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/550988
ILTA WHITE PAPER: JULY 2015 WWW.ILTANET.ORG 48 OFFBOARDING: MANAGING THE CHALLENGE OF ATTORNEY EXITS Once all material has been collected, it can be placed into a secured staging area on a network or encrypted removable media. It is now ready for transfer internally to a GC or risk partner for review to ensure the information is limited to what has been explicitly authorized for transfer by the appropriate clients. It is best for the offboarding firm and onboarding firm to first agree on data and file formats and media format at the start of the process. This conversation should involve both risk partners and IT departments, with IT taking the lead. Such a discussion involves politics; brokering it can be both challenging and time-consuming, but it is helpful and in the best interest of the clients. If each firm utilizes a DMS with export/import capabilities, administrators can identify and export specific folders and documents with their metadata into a format that is easy for the new system to import without compromising security, compliance or ethical obligations. The files should be structured where possible. If the firms use a similar DMS, it might be preferable to export the information directly in a database format that can be directly imported into the new firm's system. FOLLOW THE PROCESS Once details of the export have been worked out among the relevant parties, a best practice for data export involves an initial migration. This assumes the attorney has given notice of the pending An Offboarding Procedural Checklist • Identify which clients and matters are at issue. • Determine where all relevant documents and records reside. Consider the DMS, email system, file-shares, intranets, extranets, file- sharing platforms (e.g., DropBox), local storage on individual computers and physical files. Are the data saved in on-premises servers, remotely or with third-party services? Do other lawyers/employees hold relevant documents independent of the main DMS? • Determine who will identify relevant documents and records, and establish protocols for communication. • Understand the data formats and preferred format for delivery. • Understand the overall size of the data to be transferred and how the information will be physically stored and transferred. • Collect and collate all content and deliver the data to the GC or risk partner for review and approval. • Remove data not approved for transfer. Lock and/or archive all matter data to be transferred so the information can be processed via the firm's retention/destruction policy. • Encrypt approved data, and deliver the information in the agreed-upon format. Be sure to deliver decryption passwords separate from the actual media! lateral move and will work through an agreed "notice" period at the current firm. Once no more information will be created within the existing firm's system, IT should perform a secondary migration to collect only that data which has been modified or added to the matter since the initial migration. After that, the relevant matters can be transferred to the new firm. Though the first firm will no longer work on the matters, it is still ethically obligated to maintain them. Those files should be locked and archived for as long as the firm's standard retention policy dictates. THE FINAL STAGE The physical method of data transfer is the final area for consideration. With the significant risk of portable data storage being lost in transit, FTP and other secure file-transfer systems offer potentially more secure data transfer directly from one firm to another. Most firms still opt for the simple solution of a USB drive delivered either in person to the departing attorney or directly to the other firm. Encryption of such a portable device and the data contained on it is imperative to meet ethical obligations. Firms need to be prepared for the fact that some attorneys will leave to take opportunities at other firms. Having an offboarding process in place will make the transition smoother for your firm and everyone involved.