Law Practice Management and Technology Section
News from the Section
- Chair's Message
- State Bar 2014 Annual Meeting
- New LPMT Section Member Benefit! 4 Hours of Free MCLE in Legal Ethics in 2014
- Did You Know . . . Tech Tip?
- Did You Know . . . ?
- Time Management Tip - Technology
- Court’s Rulings Threaten Cloud Users’ Privacy
- Grad Sues Maker of Bar Exam Software
- Fees by Websites for Removing Mugshots
- Use of Cell Tower Information
- The Bottom Line/eTBL
- Educational Opportunities
- LPMT Webinars
- Webinar: Technology Tips for the Litigator on Using Adobe Acrobat, Wednesday, October 1, 2014, 12 noon - 1 p.m.
- Future LPMT Webinars
- Online CLE
- Executive Committee News
- Incoming State Bar President
- 2013-2014 Fiscal Year Ends-Thank You
- 2014-2015 - A New Year for the Executive Committee - New Officers and New Voting Members
- Opening, Growing and Managing a Law Office
- News from LPMT Section Members
- Future State Bar Annual Meetings
- Benefits for Members
1. Chairs Message
Welcome to the September issue of the e-News. This issue of the e-News gives you a preview of the educational programs being offered by LPMT at the California State Bar Annual Meeting in September.
Thank you to the contributing authors and the e-News committee for your contributions. Thank you to the members of LPMT, I hope that you enjoy the articles and all of the many benefits that being a member of this Section has to offer. Consider getting more involved, we are always looking for articles for our two publications, The Bottom Line and the e-News. If you are interested in serving in a leadership capacity, consider applying for a position on the Executive Committee, the application deadline is February of each year. (click here to read more about the appointments process http://cc.calbar.ca.gov/).
I look forward to seeing you at the State Bar of California's 87th Annual Meeting, September 11-14, 2014 in San Diego, California.
Tangela D. Terry, Chair, LPMT
2. 2014 State Bar Annual Meeting - September 11-14
The State Bar of California 87th Annual Meeting
September 11-14, 2014
San Diego, California
Onsite registration will be in the Grand Hyatt San Diego, Harbor Ballroom Foyer (2nd floor), beginning at 9 a.m. on Thursday, September 11 and continuing during registration hours below.
The State Bar of California returns to San Diego for the 2014 Annual Meeting. The new meeting logo “My Annual Meeting” simply states that this is your annual meeting: an event for legal professionals that blends business, education, entertainment and the opportunity to meet and engage with law professionals from throughout California.
The four-day meeting will showcase an education agenda consisting of 143 MCLE seminars covering a variety of substantive topics, legal technology, access to justice, UPL, attorney advertising, and other key areas of interest.
The Annual Meeting Preview is now online! Be sure to see Special Events for information about luncheons, social events, the California Women Lawyers Annual Dinner, Annual Exhibit Show, 62st Annual Bench & Bar Art Exhibit, Conference of California Bar Associations (CCBA), and Sponsorship and Advertising Opportunities. See Hotel and Travel for information about the Annual Meeting hotels, airline and rental car discounts.See the schedules for individual days for a chronological list of all programs, with descriptions: Schedule for Thursday, Schedule for Friday, Schedule for Saturday, Schedule for Sunday.
The LPMT Section will again be presenting its popular workshops discussing technology, law practice management, ediscovery, privacy issues, etc. The workshop schedule will be announced in a future eNewsletter. Stay connected at the Annual Meeting on Twitter #CalBarAM14. The Section is presenting:
|Program Number and Date/Time
Sept. 11, 2014
11 a.m. - 12 noon
This program will also be available via Live webcast.
Ethics and Settlement: Successful Negotiations and Mediation in Your Practice
Speaker: Mari Frank
CLE: 1.0 hour of which 0.5 hour applies to legal ethics: 1.0 Legal Specialization in Legal Malpractice
Are you ever frustrated with opposing counsel for unethical practices in negotiation or mediation? This program will cover the ethical responsibilities when engaging in negotiations and mediations to achieve a fair settlement.
Sept. 12, 2014
2:15 p.m. - 3:45 p.m.
The National Security Agency and Attorney Confidentiality: How to Protect Your Clients
Speaker: Perry Segal
CLE: 1.5 hours of which 0.5 hour applies to legal ethics: 1.5 Hours Criminal Law; 1.5 Hours Legal Malpractice
The National Security Agency (NSA) has been heavily featured in the news. While the agency collects our data, how does it use it? This program will address the NSA's data collection and the unique challenges it presents to lawyers. Learn how to protect yourself and your client's confidence.
Sept. 13, 2014
8 a.m. - 9 a.m.
Evolving Your Solo Law Practice: Daring to Become a Firm
Speaker: Peter Brewer
CLE: 1.0 hour
This program will take you through all the considerations of branching out from solo practice, from reasons why and why not, to potential benefits and drawbacks of a firm. Panelists will cover what types of legal entities, legal aspects of financing, alternatives to firm life, and a host of other issues to weigh and consider when moving from a solo to law firm owner.
3. 4 Hours of Self-Study CLE in Legal Ethics -- Complimentary for Members of the LPMT Section!
As a 2014 benefit of Section membership, we are pleased to offer four hours of MCLE credit in the field of Legal Ethics. That's enough to fulfill the Ethics requirement.
If you were purchasing these courses individually in our Online Catalog, they would cost $140 -- so that's your Section membership more than paid for, and then some!
Just watch these programs, and keep a record of having done so in the event you're audited for MCLE compliance.
You can access these programs and the accompanying written materials any time this year in the Members Only Area.
The programs are:
- Avoiding the State Bar Disciplinary System
- Client Trust Accounting Fundamentals
- Ethical Implications for Lawyers in Cyberspace and Social Media
- Ethics and Civility: Want an Extension? Forget about It!
4. Did You Know . . . Tech Tips?
Protecting Cloud-Based Data
The tech tip this issue comes to us from Karen Scarfone, the principal consultant for Scarfone Cybersecurity. She offers tips to protect cloud-based data:
3 Tips for Protecting Cloud-Based Data
Heed these tips for safeguarding sensitive data in transit.
by Karen Scarfone
File encryption technology has proved to be invaluable in preserving the confidentiality of sensitive files stored on servers, notebooks and removable media. But what happens to encrypted files when users want to move them to the cloud or collaborate via file-sharing services?
Simply taking a file and transferring it to the cloud introduces significant security challenges. File encryption in the cloud can be surprisingly complex; even more so if the organization doesn’t necessarily trust the cloud provider’s security measures. What follows are some tips for identifying and addressing issues involving encrypting cloud-based files to safeguard sensitive data.
1. Retain control of all encryption keys.
A cloud provider may offer file encryption services, but an organization that's serious about file confidentiality should avoid these services. The primary reason for this is that provider-offered services typically require the organization to surrender control of its secret or private encryption keys to the cloud provider, which means that the cloud provider can decrypt the organization's files at will, without the organization's knowledge.
The issue of control over encryption keys becomes particularly important if the sensitive data is subject to compliance regulations such as the Health Insurance Portability and Accountability Act or the Sarbanes-Oxley Act. Such efforts may require the organization to retain control of its encryption keys, and granting a third party access to these keys could be a serious security or privacy violation.
2. Provide a file encryption solution for users.
When organizations find provider-offered file encryption solutions unacceptable, they typically deploy their own solution. Ideally, encryption and decryption activities should happen locally, not within the cloud, so the keys are never exposed to the cloud in the first place. This is a concern because of the possibility of leakage within the cloud, such as malware transferring sensitive information (including keys) to malicious external parties.
To avoid these risks, encrypt files locally, then transfer to the cloud for storage. When the file is needed, the local file encryption solution transfers it back from the cloud to local storage before decrypting it. Many local file encryption solutions are specifically designed to be compatible with major cloud-based file-sharing services. Even better, these solutions work transparently, automatically protecting all files that users transfer to these services so that the organization doesn't have to rely on the users to manually encrypt files before transferring them.
3. Enable secure collaboration for users.
By default, a local file encryption solution will protect each file so that only its "owner" can access it. Many encryption software packages also offer an option to encrypt files for access by multiple users.
The solution generates a shared secret key and provides that key only to the appropriate users. Ideally, the software can securely provision the key to internal users' devices so the key is protected at all times. Then users can access the stored file in the cloud, transfer it to local storage, and then use the copy of the shared key to decrypt the local copy of the file. Updating a shared file is handled in a similar fashion. Making secure file sharing seamless will discourage users from sharing files through unsecured means.
About the Author:
Karen Scarfone is the principal consultant for Scarfone Cybersecurity. She previously worked as a senior computer scientist for the National Institute of Standards and Technology.
[Source: FedTech Magazine, July 2014 issue (www.fedtechmagazine.com)]
5. Did You Know . . . ?
(a) Time Management Tips
Executive Committee Member, Neil Pedersen, brings us another time management tip, from "Ten Steps to Better Time Management for Busy Lawyers," part of the curriculum for his law practice management class at Western State College of Law. The fourth segment offers tips for efficient paper handling.
Let Technology Work For You, Not Against You
By Neil Pedersen
In this regular series of notes on time management, we have been exploring how the practicing attorney can preserve his or her most valuable asset - time. Over the years, technology advances have supercharged our practices and our lives. From dynamic software platforms and high speed hardware to mobile devices and powerful apps, technology is not only helpful but mandatory in a successful law practice. This technology can create amazing efficiencies as well as time-draining vacuums in our daily efforts. This note provides some suggestions about how to make technology work for you and not against you.
Tip #1: Manage your email for maximum efficiency
The introduction of email into our practice has, as suggested in some of my prior time management tips, created the ability to move otherwise more time consuming calls and letters into this more quick and efficient device. However, email is also perhaps the single greatest reason for time loss and interruption of our time.
In Pavlovian-like response to the characteristic tone that tells us we received an email, most attorneys will interrupt almost any train of thought or project to turn to the computer to see what it is. This interrupter must be managed. Recognizing it is a significant interrupter is a good start. Turning off the "you've got mail" tone altogether is another helpful move. Planning defined periods of the day to receive and send emails is critical in any attempt to manage your own time, as opposed to allowing others to manage it for you.
Finally, an in-box with thousands of emails is as bad as a desk stacked high with unnecessary papers. Keep the in-box clean. Have separate folders set up for each client and other source of emails and move emails into those folders. Have a plan to clean up your general in-box at least once a week, perhaps on Friday before the end of the business week. The end of the day each day is even better.
Tip #2: Use the cell phone and tablet to take advantage of "down time"
Down time can be anything from time sitting in the car during your commute, to waiting outside a courtroom, to sitting in your dentist's office waiting for a cleaning. While using this down time to listen to the radio, or read a magazine, might be a good idea for your mental health, it is also a good time to get things done when you are otherwise doing nothing productive. Holding off on some phone calls for the commute to and from work is a great way to capture more time. Batching emails conducive to answering on your tablet can also preserve your desk time for those projects you can only do there. Planning ahead for your predictable down time will help you make it productive.
Tip #3: Use productivity tools that are available
Technology is advancing faster than a busy attorney can keep up with. Most of this technology is targeted at making our lives more efficient. Therefore it is incumbent on each of us to stay on top of what is new. So how do we do that? Let others do it for us, of course. It is far too time-consuming to try out each new app and software application and hardware device. However, there are those out there doing that and telling us about it. With some regularity there are articles and seminars and webinars and blogs on the very subject of new technology for lawyers. Commit to one or more of these sources and stay on top of the changes. If you do not stay on top of it, you will fall behind. The farther you fall behind, the less competitive you will be and the less efficient you will be, costing you more of your most valuable asset.
Tip #4: Don't let the toys create time-sapping problems
There is a dark side to technology. The techie junkie can find himself or herself so deep in trying the new "toys" that they allow their time to be siphoned off into a void. The non-junkies can find themselves spending far more time than they wish trying to learn the new device or app.
Be cognizant of the use of time with new technology. Set defined periods of times - like a weekend day - for introduction of new technology into your life, whether it be a new mobile phone, a new cloud-based practice management product, or a new printer. If you are not tech-savvy, have an IT specialist on speed dial for assistance. Although there is cost associated with this help, never forget that the hours you are spending have substantial value to the firm, and you are bleeding off the firm's most valuable asset whenever you waste too much time with uncooperative technology.
About the Author:
Neil Pedersen is the principal of Pedersen McQueen APLC, a firm that represents employees who have been subjected to workplace harassment, retaliation and discrimination. Neil, a 25-year litigator, also teaches Law Practice Management and Technology at Western State College of Law and is a member of the Executive Committee of the State Bar Law Practice Management and Technology Section. He can be contacted by phone at (949) 260-1181, or by email at firstname.lastname@example.org.
(b) Court's Rulings Threaten Cloud Users' Privacy
A New York court ruled on July 31, against Microsoft's efforts to oppose a U.S. search warrant demanding that email data from the company's data center in Dublin, Ireland, be turned over to U.S. authorities. U.S. District Judge Loretta Preska rejected Microsoft's argument that the feds don't have the right to seize customer data held overseas. In an oral ruling from the bench the judge disagreed, saying: "It is question of control, not a question of the location of the information." Microsoft is appealing Preska's ruling to the U.S. Court of Appeals for the 2nd Circuit.
This case presents critically important issues for each of us as we increasingly turn to sophisticated technologies to store and organize our private communications, our photographs, our most sensitive business and personal data. The right to keep that data private is essential - and it requires that we extend and adapt longstanding legal protections to the new context of today's digital world.
Source: www.nationallawjournal.com, July 28, 2014; Article: Privacy Protection Is at Stake in Microsoft's Battle with the DOJ; posted by Victoria Espinel.
(c) Grad Sues Maker of Bar Exam Software
Maya Dillard Smith, a UC-Hastings College of the Law graduate, filed a proposed class action against ExamSoft Worldwide, Inc, the company whose software plagued bar exam takers nationwide.
Bar exam takers who use a computer must purchase ExamSoft software to complete their tests, then connect to the Internet and upload the files. The controversy at the center of the complaint occurred on July 29, when would-be attorneys faced hourslong delays uploading exams.
Source: www.therecorder.com, August 8, 2014; Article: Hastings Grad Sues Maker of Bar Exam Software, by Maria Zilberman.
(d) Fees by Websites for Removing Mugshots
On August 15, 2014, California Governor Jerry Brown signed legislation - Senate Bill 1027 (SB 1027) - that amends the California Civil Code to prohibit websites from posting arrest mug shots and then charging a fee to remove the photos. The complete text of SB 1027 - which takes effect on January 1, 2015 - is available here: California SB 1027.
Specifically, California SB 1027 "makes it unlawful to solicit or accept payment to remove, correct, or modify mug shots." A civil action may be brought against any website that violates SB 1027 and the person bringing the lawsuit may seek damages equal to the greater of $1,000 per violation or the actual damages suffered.
(e) Use of Cell Tower Information
A federal magistrate wants Malinda Haag's office to explain why a warrant shouldn't be required to obtain locations of mobile phone users. Learn more by reading: Storm Brewing Over Feds' Use of Cell Tower Info, by Julia Love (www.therecorder.com, July 30, 2014)
6. The Bottom Line/eTBL
The October 2014 issue of The Bottom Line is being coordinated by Guest Editor, Carolyn Dillinger. The theme for this issue is Legal Process Outsourcing (LPO). The following topics will be discussed:
MCLE CREDIT (1 hour self-study credit): Strategic Use of Contract Attorneys: Litigation and Transactions, by Ralph Martinez
MCLE CREDIT (1 hour self-study credit-ethics): The Ethics of Outsourcing, by Kevin Mohr
MCLE CREDIT (1 hour self-study credit): Comprehensive Guide to Procuring LPO Services in the Philippines, by Bruce Silverman
Outsourcing is Not a Swear Word, by Peter Brewer
Case Studies: Outsourcing for Solos and Small Firms, by Danielle Haugland
Book Review: Successful Outsourcing Strategies for Law Firms, authored by Edward Brooks. Reviewed by Carolyn Dillinger.
Columns: Chair's Message and Coach's Corner
The October issue will discuss the various options for outsourcing, the potential benefits to your firm and clients, the ethical and other practical concerns, making outsourcing work and be profitable for small and solo firms, and how to create an outsourcing strategy for your law firm. Don't miss this very informative issue!
Submit articles for publication in The Bottom Line to Section Coordinator, Kristina Robledo (Kristina.Robledo@calbar.ca.gov), to be reviewed by the editorial committee. Obtain the Guidelines for submitting articles from the Section Coordinator.
Archived issues of The Bottom Line can be found in the of the LPMT website going back to October 2011. Prior to that date, you will find only a table of contents for past issues. Some past issues may still be available. Contact Section Coordinator, Kristina Robledo (Kristina.Robledo@calbar.ca.gov).
Archived Articles: Archived issues of The Bottom Line can be found in the Members' Only Area section of the LPMT website going back to October 2011. Prior to that date, you will find only a table of contents for past issues. Some past issues may still be available. Contact Section Coordinator, Kristina Robledo
7. Educational Opportunities
(a) LPMT Webinars
Michael Kelleher continues his series of webinars, Technology and the Litigator, with the following scheduled webinar:
Webinar: Technology Tips for the Litigator on Using Adobe Acrobat
Wednesday, October 1, 2014, 12 noon - 1 p.m.
This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.
Learn about Litigation power user tips for Adobe Acrobat Including creating PDFs, editing PDFs, annotating PDFs, Bates Numbering, redacting, E-briefs, and hyperlinking.
Speaker: Michael Kelleher is a registered patent attorney and partner at Cogent Legal (cogentlegal.com), a litigation graphics and trial strategy firm based in the San Francisco Bay Area. Michael was formerly a litigation partner and head of the intellectual property practice at Folger Levin & Kahn where he litigated for 16 years. After leaving Folger Levin & Kahn, Michael served as general counsel for DS-IQ, an advertising technology startup. Michael is the editorial consultant for the LexisNexis Matthew Bender Practice Guide: California E-Discovery and Evidence.
If you missed Mr. Kelleher’s earlier presentations of the series, Technology Tips for Using Databases to Understand, Develop and Control Your Case, presented on March 5, 2014; Technology Tips for the Litigator - Formats for the Production of E-Discovery and Why it Matters, presented on May, 14, 2014; Technology Tips for Taking and Using Depositions, presented on June 5, 2014; or Technology Tips for Presenting Your Case at Trial, presented on July 30,2014, they are now available in the Online CLE catalog.
(b) Future LPMT Webinars
The summer series of webinar replays has concluded. Watch the eNews for new webinars to be presented in the Fall and Winter covering topics related to practice management and running your practice.
(c) Online CLE
View the catalog to find programs presented by the LPMT Section or which contain practice management topics, articles from Section publications, including The Bottom Line, to obtain self-study MCLE credit. Several articles from past issues of The Bottom Line have been placed in the Online CLE catalog and offer MCLE self-study credit.
Members, join us in planning future educational opportunities, including webinars. Let the Education Committee know what topics or subject matters you want to have covered in future education events and webinars. Please provide your thoughts and suggestions to the Executive Committee (LPMT@calbar.ca.gov).
8. Executive Committee News
(a) Incoming State Bar President
Craig Holden of Los Angeles will be sworn in as the 90th President of The State Bar of California for 2014-2015. Mr. Holden served on the Executive Committee of the LPMT Section in the early 2000's. He co-presented with Deanna Pepe (the liaison from Legal Secretaries, Incorporated), the program, "Legal Ethics: A View from Both Sides of the Desk." Members of the LPMT Executive Committee and Section congratulate Mr. Holden on his election and wish him a productive year.
(b) 2013-2014 Fiscal Year Ends-Thank You
The eNewsletter Editorial Team wishes to acknowledge and thank those members of the Executive Committee who have completed their terms as voting members and special advisors:
Carolyn Dillinger, Heather Edwards, Patricia Miller, Derick Roselli, Andrew Serwin, Nyanza Shaw, Tangela Terry, and Timothy Waisanen.
Ed Poll, Neil Quateman and Yvonne Waldron-Robinson.
Several of these attorneys and public members have served on the Executive Committee for many years and have provided countless hours of service to the Executive Committee and the LPMT Section. They have guided the Section with their articles, presentations and wisdom. Their services are acknowledged and their presence and guidance will be missed in the future. Several of the outgoing voting members are returning to serve as Special Advisors for 2014-2015.
The eNewsletter Editorial Team would also like to express our appreciation to Sections Internet Coordinator, Michael Mullen, and Sections Web Administrator, Robert DeKoch, for their assistance in producing the eNewsletter. They take words on paper and magically turn them into the stylish and professional-looking eNews! Also, special thanks to our Section Coordinator, Kristina Robledo, and her assistant, Raven Ogden, for keeping us organized!
(c) 2014-2015 - A New Year for the Executive Committee - New Officers and New Voting Members
In 2014-2015, the LPMT Section will be lead by the following officers of the Executive Committee:
Chair: Nyanza Shaw, Sherman Oaks
Vice Chair: Kurt Obermeyer, El Segundo
Secretary: Patricia Miller, Watsonville
Treasurer: Cynthia Mascio, Costa Mesa
The newly-elected officers will assume their duties at the conclusion of The State Bar Annual Meeting.
Joining the LPMT Executive Committee are the following newly-appointed voting members who will begin their terms at the conclusion of The State Bar Annual Meeting:
- Jeffrey M. Bennion, attorney, San Diego
- Eri M. Burns, public member (paralegal), Encino
- Martin Dean, attorney, San Francisco
- Michael Fenger, attorney, Oakland
- Margaret E. Hughes, attorney, Orange
- Donna W. Low, attorney, Sacramento
- Ralph G. Martinez, attorney, Laguna Hills
- Annie S. Parrish, public member (legal secretary), San Diego
The following members will continue serving on the LPMT Executive Committee:
Voting members: Peter Brewer, Prashant Kumar, James Lee, Blair Miles, Kurt Obermeyer, Neil Pedersen, Amy Williams
Special Advisors (2014-2015): Mari Frank, Cynthia Mascio, Larry Meyer, Patty Miller, Derick Roselli, Perry Segal, and Tangela Terry (Immediate Past Chair)
The Executive Committee also includes liaisons from the following professional organizations: California Alliance of Paralegal Associations (CAPA); Continuing Education of the Bar (CEB); California Young Lawyers Association (CYLA); Law Libraries; and Legal Secretaries, Incorporated (LSI). The individual representatives from these organizations will be introduced in a future eNews.
The Executive Committee will meet at The State Bar Annual Meeting to develop plans for 2014-2015. The Executive Committee members want to know what you want from your membership in the LPMT Section. Do let them hear from you. You can communicate via email, Facebook or Twitter. Send your thoughts, suggestions, and comments via LPMT@calbar.ca.gov.
(d) Opening, Growing and Managing a Law Office
Purchase the State Bar’s two publications, The California Guide to Opening a Law Office and The California Guide to Growing and Managing a Law Office (official hash tag #GrowLaw) to assist you in running and growing your law practice. Your Executive Committee members are contributing authors.
You can purchase both books in the Sections Bookstore.
(e) News from LPMT Section Members
Members, let us know what you are doing so we can include your activities and accomplishments in our next eNewsletter. Let us hear from you (LPMT@calbar.ca.gov).
9. Future State Bar Annual Meetings
Stay Connected at the Annual Meeting on Twitter #calbarAM14.
2015: October 8-11, Anaheim
2016: September 29-October 2, San Diego
10. Benefits for Members
Benefits Available for Members
For detailed information about these benefits, go the Members Only Area under Special Offers and Discounts.
1. TechnoLawyer Free one-year subscription to TechnoLawyer Archive
2. MyCase web-based practice maangement software
3. Receive your complimentary copy of Dangerous Law Practice Myths, Lies and Stupidity now from Abacus Law
4. Avvo Ignite is a new comprehensive, cloud-based marketing automation and website suite offered by Avvo.com.
5. TERIS state-of-the-art technologies for ediscovery
6. Clio -- Practice Management Simplified
7. Time59 -- Web-based time and billing software designed for solo lawyers
8. Lexology: Timely law-related articles brought to your inbox daily.
Special thanks to those who have contributed to the October issue of the eNews -- Tangela Terry, Neil Pedersen, Perry Segal, Carolyn Dillinger, and Patty Miller
Members of the eNewsletter Subcommittee are to be acknowledged and thanked for their contributions and efforts in producing 6 issues of the LPMT eNews this year. They are: Peter Brewer, Heather Edwards, Prashant Kumar, Cynthia Mascio, Patty Miller, Neil Pedersen, Ed Poll, Neil Quateman, Derick Roselli, Nyanza Shaw and Yvonne Waldron-Robinson.
Law Practice Management and Technology Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105