Should Responsible Law Firms Use Cloud Storage?

Protecting privilege is one reason law firms have been hesitant to adopt using the cloud for document storage and sharing. Fears of hacking or inadvertently providing access to privileged documents have kept many firms from embracing technology that could save them time and money.

Most tech-savvy law firms have taken precautions and put protocols in place to secure client documents and communications as they’ve upgraded to cloud sharing. However, some firms have been lax in their safeguarding procedures — which means their clients were left unprotected.

Unprotected file-sharing

 You’ve likely heard of file-sharing options such as Box, Google Docs, OneDrive or Dropbox. Free cloud storage options like these allow users to access documents from any device and to share files by creating custom URLs. They’re convenient, and — when used properly — can be a secure way to share information.

A problem arises when users take shortcuts or don’t take advantage of all of the security features available in cloud storage and sharing systems. That’s what happened with Harleysville Insurance Co. v. Holding Funeral Home. Harleysville’s counsel shared privileged information via Box, using its feature that creates direct links — and they didn’t password-protect the links. That meant that anyone who had access to the link could see the files. As a result, the defendant’s counsel was able to access this information.

A Virginia magistrate recently ruled that the plaintiff’s law firm’s actions “were the cyber-world equivalent of leaving its claims files on a bench in the public square and telling its counsel where they could find it.” In other words, its failure to password-protect and otherwise secure those files waived privilege.

Use the cloud safely

 This ruling doesn’t mean that law firms should discontinue cloud usage. Rather, it emphasizes the importance of putting security measures in place to block access and uphold attorney-client privilege.

Here are some ways to keep your data in the cloud secure:

1. Require log-ins (on both sides of the fence—attorneys and clients) to gain access to shared information.

2. Keep access contained. Only permit a select few team leads to share information with additional parties.

3. Some programs have a “notify when accessed” feature. Using this feature tells the content owners how and when the information has been accessed — so if there is unauthorized access, you’ll know about it right away.

4. Put an expiration date on the shared information. It’s better to re-share the information than to let it dwell on the internet in perpetuity.

Legal Workspace recommends that law firms use document management and file-sharing programs created specifically for law firms such as iManage, NetDocs, Citrix Sharefile and Egnyte. That way, you know the technology was created with attorney-client privilege in mind.

Legal Workspace provides a base package with its cloud environment service and encourages clients to customize their environments to incorporate legal applications to formalize their processes and take extra steps toward protecting attorney-client privilege.

The cloud can be a safe place. Document sharing over the cloud can be secure. Law firms simply need to understand how breaches can occur and take precautions to protect all parties using the cloud.

If you have any questions about safe cloud sharing, feel free to reach out to our legal app experts here.

 

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Workflow on your Workspace: Become More Productive and Efficient

Are you using your software to its full potential?

 

Many law firms own legal software applications to assist them with case management, time and billing, and accounting. The question is: Are you using your software to its full potential?

Most law firms use only a portion of their software’s features and integrations without realizing and maximizing the software’s full capacity. The application support specialists at Legal Workspace estimate that most firms only use about 40 percent of the functionality of workflow automation or case management software.

Law firms are particularly poised to take advantage of workflow automation because many of their processes are methodical and follow a set procedure. Developing repeating workflows not only increases efficiency, but also ensures accuracy.

To figure out what can be automated, firms should define their repetitive workflows and problem areas.

Here are five guidelines to help you understand how automation can work for you:

1. Standardize and implement. Different practice areas have different processes that are methodical or repetitive. Determine which processes fall into that category, identify common issues, then streamline them to make procedures standard.

Here’s an example: Most firms repeat the same process every time they take on a new client. The firm will go through an approval process, run a conflict check, and finally proceed with the client intake process. Those steps can be standardized to prevent bottlenecks and keep the process on track.

2. Checklists. Practice areas typically have sets of milestones or tasks that need to be accomplished. Two good examples of events that benefit from using a checklist are 1) when a new case is entered into the system and 2) when a case is closed.

 In both scenarios, there are many small to-dos that need to be completed in a certain order. At the beginning of the relationship, firms need to set up the file and the billing, assign staff to the case, send a thank-you letter to the client, and countless other administrative tasks. When the case has closed, there’s a similar laundry list of items to do, such as finalizing billing, document storage, and more.

Rather than having an individual keep track of all the small tasks—or hoping that everyone remembers their responsibilities and performs them in the correct order—a checklist makes certain that every task gets accomplished and that nothing happens twice.

3. Document generation and file-sharing. The application support specialists at Legal Workspace have seen data privacy issues arise out of human error when people recycle electronic documents, using them repeatedly for the same purpose. Let’s say an attorney pulls up Jane Smith’s document because he needs to create the same type of document for John Jones. He searches for all of Jane’s information and thinks he replaces it with John’s new information in the document—but he gets interrupted mid-stream and forgets to replace Jane’s social security number. Not only is this scenario inefficient, compromises sensitive data.

Increase accuracy, efficiency, and security when you standardize document templates in your firm based on practice area. Use case management or practice management apps, such as Amicus Attorney®, Practice Master ®, or Time Matters ®, to pull data and autofill the documents accurately. Then, share your files with the appropriate parties using a secure platform in the cloud, such as Legal Workspace.

4. Calendar templates. This workflow feature helps attorneys track standard tasks and deadlines that need to happen on a case. For example, a personal injury attorney might construct a statute of limitations calendar template, which includes the deadline and reminders going backwards six months, 90 days, the month, and the week before the deadline hits.

Automating reminders allows attorneys to worry about the finer points of their cases, rather than the administrative details.

5. Triggers. Often in a law firm, one action leads to another action. A more advanced feature in some practice management systems allow users to set up “triggers,” which simply means that once you indicate within the system that a certain event has occurred, another action that relates to the case automatically pops up. For example, if a status of a case changes, a trigger would prompt users to take the next logical step.

 Taking advantage of the features that likely already exist as part of your case management or practice management software is a simple way to increase efficiency, accuracy, and security. If you need assistance determining what you can do and how to do it, Legal Workspace’s application support specialists can help you fine tune your automation so firms can maximize their billable hours. Reach out now.

 

 

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