Peer to Peer Magazine

21 WWW.ILTANET.ORG BEST PRACTICES Managing Maer Mobility: Reducing the Burden of Departing Client Files Pre Release Review, Where the Heavy Lifting Happens The most onerous part of the maer mobility process is pre release review. This is when relevant records are collected and reviewed to make sure the firm does not release materials that should not exit the firm's doors, such as firm intellectual property, records that do not relate to departing maers and records that have not been approved for removal. Once a maer mobility review has been triggered, the process typically begins with a request for relevant files. Those files are then collected from their various repositories, such as the firm's document management system, email accounts and shared network drives, and brought together for review. Depending on the complexity of a maer, this collection and review can involve massive amounts of data. High-value, document-intensive maers can be particularly risky. A partner transferring out of the firm's IP practice, for example, may want to take information relating to hundreds of patents and trademarks registered across the globe. This can require the review of thousands of individual maers. While that review is occurring, both the departing partner and the firm must make sure that duties to continued representation are met. Even less document-intensive maers can produce a significant amount of data that requires review. In complex or sensitive cases, an aorney familiar with the maer may need to review the record personally. Once the review is concluded, the approved documents can be produced to the responsible party, marking the conclusion of the process. If all this sounds similar to civil discovery, that is because it is. Like discovery, maer mobility review can be expensive, time-consuming, burdensome and complicated. Some firms, for example, maintain a largely manual review process. Such systems are rife with inefficiencies. Once documents are collected, a firm may manually review them in their native applications — opening emails in Outlook, for example, and going through them one by one looking for information that should not leave the firm's perimeter. Results might be tracked in Excel with data burned to a CD or thumb drive and shipped out once the review has concluded. This is a particularly slow and painful approach. information governance and records management, IT and information security. While lawyers oen think of taking their clients with them when they transfer firms, your maer mobility policy should be focused around individual maers themselves, to allow full consideration of what is required. Faced with having a maer move out of the firm, it is best to begin with what the Maer Mobility Task Force refers to as a "data transfer meet and confer." This gathering should address the scope of information to be exchanged and the systems to be used. Additionally, you will want to address data under individual control, such as information on personal computers and mobile devices, as well as what types of data will be included in the transfer. Characterizing the information that could be subject to transfer out of the firm can be difficult. What information will be considered part of the client record? What will be classified as an aorney's personal data? What counts as the firm's intellectual property? Firms will want to protect business records and intellectual property from being taken to competitors while making sure that a client's right to its files is not impinged. According to Beth Chiaiese's "Lawyer and Maer Mobility" monograph, firms may want to pay particular aention to these categories: » Client lists » Practice management documents » Aorney work product » Document templates » Internal emails discussing strategy » Business development materials » Documents authored by non-departing lawyers Finally, all parties must keep in mind that the decision to transfer a maer outside the firm is the client's to make. Whatever documents do depart, it is important to make sure that no records are released without the proper client authorization. If a lawyer departs and a client does not, a law firm may want to keep all non personal files from leaving the firm. When both aorney and client leave, it may still be in the interest of the client for the firm to retain certain records. Firms will want to protect business records and intellectual property from being taken to competitors while making sure that a client's right to its files is not impinged.

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