{"id":319,"date":"2020-03-19T10:24:54","date_gmt":"2020-03-19T14:24:54","guid":{"rendered":"https:\/\/pbacyber.com\/?p=319"},"modified":"2020-04-01T14:09:47","modified_gmt":"2020-04-01T18:09:47","slug":"the-sky-is-falling-if-you-arent-paperless-remote-technology-is-useless-you-may-not-be-ethically-competent","status":"publish","type":"post","link":"https:\/\/pbacyber.com\/index.php\/2020\/03\/19\/the-sky-is-falling-if-you-arent-paperless-remote-technology-is-useless-you-may-not-be-ethically-competent\/","title":{"rendered":"The Sky Is Falling: If You Aren\u2019t Paperless, Remote Technology Is Useless & You May Not Be Ethically Competent"},"content":{"rendered":"

By Daniel J. Siegel, Law Offices of Daniel J. Siegel LLC<\/a><\/p>\n

 <\/p>\n

The sky is falling! The sky is falling! I am always being accused of being the Chicken Little of law office technology, always warning attorneys and law firms that they need to use technology and remove the leech of dependency on traditional methods of running their offices. Yes, I know that the Rules of Professional Conduct in Pennsylvania \u2014 and many other states \u2014 define \u201ccompetence\u201d to include understanding the risks and benefits of technology. But the only people who listen are the techies or the tech-wannabes.<\/p>\n

 <\/p>\n

Well, guess what, the sky is falling. Or at a minimum, it\u2019s pretty grim out there. The COVID-19 pandemic has forced businesses around the world to close or, at a minimum, to have their employees work from home. That edict generally applies to \u201cnon-essential\u201d businesses.<\/p>\n

 <\/p>\n

Factor in egos, and law firms immediately assume that they are essential, not only essential businesses, but businesses essential to our continued existence. Not according to lots of other people, however. In its emergency declaration, Philadelphia Mayor James Kenney and the City\u2019s Department of Health have stated that \u201claw firms are non-essential businesses and should endeavor to provide legal services remotely, except for when physical access to office premises is necessary to seek emergency relief in court or to assist clients in complying with legally mandated activities that cannot be done remotely.\u201d<\/p>\n

Lawyers can ignore the declaration. Or they can prepare to work remotely.<\/p>\n

 <\/p>\n

Ahh, there\u2019s the rub.<\/p>\n

 <\/p>\n

Working remotely means using technology. Whether it is a laptop computer, the Internet as well as other technology that enables lawyers and others to securely access their office\u2019s networks to do their work, working remotely doesn\u2019t just happen. You have to do \u201cthings\u201d to be prepared.<\/p>\n

 <\/p>\n

For many, just read some lawyers\u2019 Listservs and you\u2019ll see this, the idea of using remote access technology is as foreign as Parasite\u00b8 <\/em>the South Korean film that won the Academy Award for Best Picture. So what better time to learn how to use remote access than in a crisis? After all, why plan ahead? Those programs on emergency\u2014 and disaster-preparedness won\u2019t happen here, wherever here happens to be.<\/p>\n

 <\/p>\n

Here is now.<\/p>\n

 <\/p>\n

And learning how to do things under pressure is a terrible way to do it. Because not only do you have to set up your laptop or home PC for remote access, but if you are a solo attorney or have a small firm, you may also moonlight as the firm\u2019s IT department, which means evaluating products quickly and without always doing enough research. Even if lawyers can figure out remote access on the fly, it won\u2019t work very well if their offices are not paperless and they have nothing to access other a client\u2019s phone number and some Word documents that were internally drafted.<\/p>\n

 <\/p>\n

There are many excellent products that allow users to remotely access their offices, including LogMeIn, Team Viewer and others. But you have to install the product in your office, which may be a challenge if you can\u2019t get into your office.<\/p>\n

 <\/p>\n

In addition, there may be other obstacles. Some older systems might have compatibility issues. Alternatively, using an iPad, tablet or smaller laptop might not be the best way to do work remotely. But of course, it\u2019s difficult to just replace those devices, especially since malls are closed, and if you haven\u2019t set up remote access, you probably don\u2019t know how to properly set up a new computer.<\/p>\n

 <\/p>\n

But \u201cWhat does this have to do with cybersecurity?,\u201d you are probably asking.<\/p>\n

 <\/p>\n

A lot.<\/p>\n

 <\/p>\n

Lawyers have an ethical and a legal duty in many states to protect confidential and sensitive information. That means that whatever product you use to connect to your office must be secure, or in other words, encrypted. Encryption is how information is converted into a scrambled and secure code that hides the data\u2019s true meaning. In computing, unencrypted data is also known as plaintext, and encrypted data is called ciphertext.<\/p>\n

 <\/p>\n

If your connection isn\u2019t secure or encrypted, anyone can see it, all they need is a little know-how. And if you\u2019re sitting at a Starbucks, and of course no one should be right now, or any place with free Wi-Fi, you\u2019re at risk.<\/p>\n

 <\/p>\n

Plus, when times become challenging, that\u2019s when the sleazy underbelly wakes up. And they might sell you a product or offer it for free, but what they are really providing is spyware that allows them to see everything you do, every stroke you make on your keyboard and lots of other information that you are prohibited from disclosing.<\/p>\n

 <\/p>\n

The moral of the story is that lawyer\u2019s need to be aware of these cybersecurity dangers, and the best way to do so is to be prepared in advance. Not during a pandemic.<\/p>\n

\n

Daniel J. Siegel<\/a>, principal of the Law Offices of Daniel J. Siegel, provides technoethical guidance, general counsel services, and Disciplinary Board representation for attorneys and law firms. He is the editor of Fee Agreements in Pennsylvania<\/em> (6th<\/sup> Edition) and author of Changing Law Firms: Ethical Guidance for Pennsylvania Law Firms and Attorneys<\/em> (2nd<\/sup>\u00a0Edition), published by the Pennsylvania Bar Institute. He can be reached at dan@danieljsiegel.com<\/u><\/a>.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

By Daniel J. Siegel, Law Offices of Daniel J. Siegel LLC   The sky is falling! The sky is falling! I am always being accused of being the Chicken Little of law office technology, always warning attorneys and law firms that they need to use technology and remove the leech of dependency on traditional methods
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