Category Archives: Technology

Legal Industry Predictions for 2016

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predictionsEvery December, the Business of Law Blog asks thought leaders from across the legal technology spectrum to contribute to its legal industry predictions for the upcoming new year. I was asked to participate again this year, and I said

“The Apple Watch will continue to gain traction as attorneys learn new and varied ways to integrate them into their practices. For instance, have you considered the ability to have your associate subtly send messages to your watch from counsel table while you’re examining a witness? The built-in health app should also be a great reminder of how active (or inactive) you’ve been during the day, and the included reminders to ‘get up and move’ are also a great idea.”

What do the other experts believe that 2016 hold in store? You can read the whole list here, but in the meantime, here’s a sampling:

Source:  “Beautiful Minds: 41 Legal Industry Predictions for 2016” by Frank Strong, published at the Business of Law Blog.

Is Siri Inviting Hackers into Your iPhone?

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The following Guest Post was submitted by one of my readers, Robert Widner, a family law attorney in Dallas, Texas:

siri inviting hackers?Siri makes a fantastic personal assistant. She can help you navigate your phone, manage your calendar, answer your questions, and can even tell a great bedtime story if you ask her nicely. She’s become so helpful, hackers now say she’ll roll out the welcome mat for anyone under the right circumstances. The Network and Information Security Agency (ANSSI) from France uncovered this nasty little glitch, and they’ve proven that Siri will respond to silent commands from anyone within a 16-foot radius.

Hackers Can Send Siri Messages via Electromagnetic Waves

It requires a bit of finesse to pull the trick off, but researchers (aka professional hackers working for the French government), have discovered a way to silently talk to iOS and Android digital assistants. It turns out that headphones with an integrated microphone work as an antenna can pull in electromagnetic waves, which are then converted into electrical signals that the digital assistant recognizes as sound. Quite simply, standard Apple earbuds plugged into your iPhone, are all a hacker needs to send silent voice commands to your phone.

Once Inside, Hackers Can Do Just About Anything

In all fairness, it’s easy to see the hackers in action, just by watching your screen. However, many of us stash our phones in briefcases during meetings, or place the device upside down on a table during a discussion. In a public place, such as a restaurant, or even a courtroom, hackers can easily search for available mobile devices to connect with. Dozens of people in any given space could be vulnerable to attack. Hackers can gain access to contact lists, send texts, make calls, compose emails, or even open up websites with malicious codes and viruses. Realistically, anything that can be done using the digital assistant can be done by hackers, in total silence, from as much as 16 feet away.

The Equipment Needed Can Be Discreetly Hidden

Last summer, the research was presented at the Hack in Paris conference, though it received almost no press. Very little equipment is needed for hackers to pull the trick off, and it can be discreetly concealed. This makes it difficult to tell who the culprit is, even if you detect that your phone is being hacked while someone is actively accessing it just a few feet away. A laptop with GNU Radio, an open-source software, and a USRP software-defined radio, combined with an antenna and amplifier, are all that’s needed to access someone’s phone. If the hackers can get within 16 feet of you, the equipment can fit inside a backpack. However, researchers have noted that the distance can be much greater with an equipment upgrade. Though it would be more difficult to obscure, it’s plausible that hackers could sit in a vehicle outside a restaurant or other venue, prying into the phones of diners.

Apple has Been Notified, But there’s No Fix Yet

Researchers notified Apple and Google, and also gave the companies suggestions on ways to correct defect. They recommended better shielding within headphones, or perhaps software upgrades with the option for people to create customized code words to wake digital assistants. Voice recognition could also thwart would-be hackers. While the obvious temporary fix seems to be to turn off the digital assistant when not in use, researchers noted that many headphones have a button that turns the service back on. This, too, could be easily manipulated with electrical pulses. Until the companies respond with a real repair, the only way to protect phones and their data is to remove the headphones from the jack when they’re not being used.

It was only a few weeks ago that another Siri exploit was detected. Anyone could access the contacts and photos on an Apple device by waking Siri up after a few incorrect passcode attempts, using the clock app, and sharing. From the messaging app, the contacts could be searched, or a photo could be shared, allowing anyone free access to view all the stored photos in less than 30 seconds. When Apple heard about this, they corrected it right away, so iPhones, iPods, and iPads running iOS 9.0.1 are safe. However, the number of vulnerabilities being seen in digital assistants is cause for concern. For now, the safest thing might be to go sans headphones, and turn these helpful assistants off, to stop them from being helpful to hackers.

About the Author:  Robert Widner is a family law attorney based out of Dallas Texas with over 16 years experience.

IT Insurance – 007 at Your Service

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The following Guest Post is provided as an educational service by Tom Lambotte, President of GlobalMacIT:

The s007enior partner of a firm had just called our emergency line and told us his laptop and iPhone were stolen just minutes ago from a small café in Paris, France (not to be confused with Paris, TX). I couldn’t help slightly grinning, knowing all of his client data was both completely secure and backed up, thanks to the tools and best practices we had in place, and having complete certainty that he would be fully operational and back to work within a few minutes. Rare moments like these, where we get to use the full capability of our tools, makes everyone on our team feel a bit like 007.

We had him enroll his wife’s iPhone into our Mobile Device Management solution, and tapped into the magical powers of our IT solutions with the click of a few buttons on our end. POW! Within less than 5 minutes, our client had full access to his email, contacts, calendars, case management system and firm files. The work he had been working on minutes before the event, were all backed up and he picked up right where he left off. Best of all, this was all accomplished with very little effort on our end and done in a calm and collected manner. This last part is key, as we know what it’s like to receive stressed out, unconfident support on the other end of the line. This allowed our client to remain calm and comfortable through the process, as we put our tools to use from the other side of the globe. He went back to work and enjoyed the rest of his work-ation; our clients’ trip was shaken a bit, but not stirred.

Disasters happen. Unplanned events. “Acts of God.” This is why we carry at least half a dozen types of insurance. We do so to have peace of mind and certainty in times of chaos. You see, when something happens, your reaction should be calm and collected, “Well, that sucks, but I have a plan for this in place.” For example, if you lost your phone or dropped your laptop, what would happen? Well, there’s the financial hit of the loss of hardware, but the data you’ve most recently worked on is, in most cases, irreplaceable. In addition, the risk of a data breach is not to be taken lightly. When you’ve got the right IT Best Practices, support and solutions in place, your response should be something like this: “Oh snap, I lost the hardware, but the “stuff” is secure, backed up AND I have solutions in place to get back up and running with minimal effort.”

In this scenario GlobalMac IT was able to save the day. We calmly and confidently explained to our client that:

  • All of his firm and client data on his laptop and iPhone was completely secure and there was zero risk of a data breach.
  • Everything he had been working on all the way up to the fateful restroom break was backed up to our cloud file system and backup solution.
  • He would be back up and running in a matter of minutes.

The role of IT insurance in most small to medium law firms is often not taken seriously enough; for example, we see far too many firms using one of Amazon’s most highly rated and inexpensive, residential router or an Apple Extreme Base Station, to protect their firm’s network. We commonly see people doing their own IT or receiving support from their neighbor’s son living at home. You cannot expect someone whom you pay hourly and only in dire situations to implement pro-active solutions. Everyone has come across a legal case in which had they called you 6 months earlier, their case would have been much easier to take on and win. It’s the exact same with IT.

I challenge you to question the role of IT in your firm and how it is currently being approached. Is it a reactive model? Ignore-it-and-hope-everything-is-fine-model? “If it ain’t broke, don’t fix it” model? – (with 7 year old XP machines that are both a security risk and a massive loss leader in productivity in your firm). If you had been the one traveling in Paris and had your laptop and iPhone stolen with all your firm data on it, how would you have reacted and how quickly would you have been back up and running? James Bond did not make or guess which tools he would need on his missions, Q always provided them ahead of time.

UntitledTom Lambotte is the CEO of GlobalMacIT, the only company in the world that specializes in providing IT support to Mac-based law firms. His methods are based on close to a decade of research, testing and real-world refinement of Best Practices, working directly with Mac-based law firms and firms switching from PC to Mac, across the country and around the world. Tom is the author of Hassle Free Mac IT Support for Law Firms and a highly sought after speaker at national events such as the ABA Techshow and MILOfest, a Mac Lovin’ Lawyers Event. Learn more about Tom and GlobalMac IT at www.globalmacit.com. GlobalMac IT, 95 Executive Pkwy, Suite 700, Hudson, OH 44236, 440-941-1622

“The Pillars of Digital Security” for Lawyers

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digital security for lawyersI believe that attorneys can never learn too much about ethics, technology, or the intersection of the two. If you follow this subject closely, you will know that there is not a consensus of opinion when it comes to topics like Dropbox, Evernote, iCloud, Facebook, email, smartphones, and iPads.

Philippe Doyle Gray, a Barrister in New South Wales, Australia, and frequent speaker at the ABA TECHSHOW, has written a paper, “The Pillars of Digital Security“, which he says synthesizes disparate sources from around the world into a statement of principles that reflect an international consensus amongst lawyers and computer scientists about fundamental safeguards for lawyers’ use of technology.

Philippe’s paper provides a vocabulary for lawyers who know little about technology, and it aims to provide a universal approach to issues of ethics and malpractice, regardless of the operating system, device, or particular technology. His formulation links (1) key terms of the American Bar Association’s model rules of professional conduct, (2) the way in which computing devices work, and (3) the way in which lawyers practice their profession.

You can read more about Philippe’s thought on this subject in his article and/or download his paper here. Thanks to Philippe for his work in writing this paper, alerting me to it, and allowing me to share it with my readers.

Source: “The Pillars of Digital Security” by Philippe Doyle Gray.

The Impact of Social Media on Divorce & Child Custody Cases

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social media evidence in divorce casesSeveral weeks ago, the American Academy of Matrimonial Lawyers released the results of its recent survey of its Fellows, which includes The Stevens Firm‘s Senior Partner, Ben Stevens, about the impact of social media and technology in divorce cases.

This survey interestingly, but not surprisingly, found that:

  • 99% of its Fellows cited a rising number of text messages used in cases;
  • 97% of its Fellows had seen an increase in evidence from smart phones and other wireless devices in divorce cases over the last three years; and
  • 70% percent used more evidence from applications (Apps), including Facebook and Twitter.

A few weeks ago, the Spartanburg Herald-Journal interviewed several attorneys, including AAML National President James T. McLaren from Columbia and me, about this survey and our experiences in dealing with these types of issues. I have seen very few contested divorce or child custody cases in recent years in which there was no electronic component, such as texts, emails, and social media posts.

Our firm requires our clients to complete a social media worksheet that details their social media presence as well as that of the opposing party. Our experience has shown that this approach helps identify potential problem areas early in the case (on either side) and helps minimize the chances of unpleasant (and potentially damaging) surprises later in the case. In discussing the numerous social media sites today, I said

“There’s Facebook and then there’s everything else. …Facebook by and large is the 300-pound gorilla in the room. Most of the evidence that we find and use in family court is from Facebook.”

President McLaren pointed out that “As people become more tech savvy, the more and more it’s used in divorce and child custody cases.” I also explained that technology has unfortunately made it easier for unfaithful spouses to cover their tracks today, which makes it all the more important that wronged party has a “tech-savvy attorney” on their side with the knowledge and experience to know where to look and how to find potentially damaging evidence. Sometimes, this may require the involvement of a forensic examiner to locate and review deleted data from computers and cellphones, which can then later be used in court.

Most people don’t realize that once they post information on social media, it is possible for it to be located and used against them in Family Court, and there’s nothing that attorneys can do to protect their clients from what they already have posted. Lawyers cannot advise their clients to change or destroy information once it’s been posted, which is called “spoliation of evidence”, as there can be serious consequences when this occurs. Illegal spyware is another problem, as it’s illegal and a felony in most states.

The law in these areas changes fast, and clients should make sure their attorney understands the impact of social media on divorce and child custody cases, especially what is and is not permissible, as the consequences can be dire and could affect the case’s outcome. Ben Stevens currently serves as the Vice-Chair of the AAML’s national Electronically Stored Evidence and Technology Committees and is the Co-Chair of its Technology Coordination Committee.

Source: “Lawyers say dumb moments on social media paving way to divorce court” by Kim Kimzey, published in the Spartanburg Herald-Journal.

Do You Know “The Cost of Slow”?

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The Cost of Slow

“Time is money.” We’ve all heard that old adage, but have you ever thought about it from the perspective of how moving slowly can actually hurt your practice? The following Guest Post from Tom Lambotte addresses some of the ways that lawyers and law firms lose time and money without even knowing it:

The Cost of Slow

A very strange thing occurred to us in October 2014. A prospective client signed up for our services, wrote us a big check (which we cashed), then disappeared. When he came to us, he had been reading our materials for some time and was ready to move forward. He definitely had a need and was keenly aware that his IT situation was out of whack. Being a Mac guy himself, he had been trying to make the move from PCs to Macs for some time. He had accepted that he wouldn’t be able to do it himself, saw the value in our services and we had a signed agreement overnight. We charged his card and started our in-depth onboarding process. Then…he disappeared. Completely. Not a peep. We couldn’t get a call back and were unable to connect via calls or email. We eventually gave up, and were left scratching our heads as to what happened.

Fast-forward three months later, and out of the blue, I received an email from him saying he was ready to get started. We were happy to have his business, but I was more concerned about what had happened in the first place. I had to clear the air and be confident he would prove to be a good, responsive client for us to work with. Our service depends on having a quality two-way relationship with our clients.

He explained to me that after we spoke his father had convinced him that ‘if it ain’t broke, don’t fix it,’ and that since the computers were still running, why upgrade them? These were old PCs running Windows XP and Windows 2003 Server. Well, after that decision, two systems went down, one of them actually went down twice, and one never came back up at all. This left their users unable to work for multiple days at a time and one of his employees was literally left without a computer to work on. So he was now more ready to move forward than ever before, especially since they were tax attorneys heading into the busiest season of the year. We picked things up and since then have switched his office to Macs and everyone is now thrilled.

In terms of technology, the old adage, “if it ain’t broke don’t fix it” is a completely flawed belief system. There exists a perception that the longer you keep computers, the better ‘bang for your buck’ you are getting. Technically that is true, however, the unrealized cost of this is massive. Today, I’m going to dive into this topic through 2 primary arguments. First, I am going to challenge the ‘perception of savings,’ helping you see the real cost of slowness. Second, we’re going to dive into the value of your time.

Cost of slow

Based upon a 2007 survey, the U.S. Census Bureau report shows that the legal services industry has the 3rd highest payroll costs, coming in at 45.03%. If you can increase your firm’s productivity, you can increase your profitability. That sounds like my money in your pocket. Ok, so how do we impact productivity using technology?

In its most basic method, I always start by first looking at bottlenecks that can be removed and then determine ways to increase productivity through training and having the proper tools and solutions in place. Without getting too geeky (this is not the place), today’s fastest consumer CPU (processor) is over 3x as fast as the fastest consumer CPU that was available 5 years ago. In the mean time, we also moved from DDR2 to DDR3 memory, and SSDs are slowly becoming the norm over HDDs. The experience of a new high-end PC today is definitely a whole lot different than five years ago.

That time spent waiting for Internet Explorer to startup, or the time it takes for a computer to startup and log in? You’re paying for that. A lot more than you realize. If a modern computer saves someone just 10 minutes a day, that comes out to 2,400 minutes per year, or 40 hours. On average, what is the fully burdened cost of one week of payroll? Let’s take $40/hr as a very conservative example, which adds up to $1,600 per year, per computer. This isn’t even taking anything else into account, such as having an easier User Interface, to work with, as you get with a Mac, additional training that can be provided to your staff, or rolling out solutions that make it easier for your staff to achieve the things they do dozens of time every day.

You see, slow is expensive and in most cases our computers are the bottlenecks in our workflow, when we are waiting on them to finish. Waiting for programs to open, for large PDFs to be OCR’d after they are scanned (you do scan all your files, right?), or waiting for a file to be saved. When working on a slow machine, most people don’t notice it, since it’s all they know and they have become accustomed to it. Your role is to make sure your staff has the best tools available to them so they can be as productive as possible. Their job is not to tell you their computers are old and slow and need to be replaced.

Spend money where you spend your time

Once you’ve saved money, where should you spend it in order to maximize the usefulness of your money spent—or even your happiness? To answer that, just look at what you spend your day doing, proportionally, and allocate money accordingly. Let’s call this the comfort principle.

Simply calculate how much of your day is spent using a certain item. Let’s say we get our recommended 8 hours of sleep per night, leaving us with 16 hours. If we spend 8 hours of our day on or at our computers, we’ve spent 50% of our days on our computers. Let’s get some actual numbers instead of abstract numbers, as this tends to be easier to grasp. In being (very) conservative I am going to use a 40 hour work week, and we’ll say an attorney spends 30 hours of that time on their computers. Over 52 weeks, this comes out to 1,560 hours. Our company cycles all of our clients’ hardware on a 3 year cycle, as we have found this to be the optimal schedule. Going with that, you will spend 4,680 hours on your computer over 3 years. Wouldn’t it make sense to invest a few extra dollars there? Can you see how working on an old machine, simply because it still runs, is not a good idea?

Seeing how much time you actually spend working on your computer, wouldn’t it be worth it to spend a little more up front to make sure you have a great computer? If your computer takes 10 seconds to open an app and you can shave it down to 2 by upgrading to a newer computer, that’s a worthwhile purchase when you factor in frustration and time saved. If your computer locks up frequently because you don’t have enough RAM or if it’s just too slow, it’s in your own interest to upgrade or get a new computer. If you and your staff can get through your day with as little aggravation, frustration and discomfort as possible, everyone will be much more relaxed, which benefits you and everyone around you. And preventing stress is much better than having to spend money later on to alleviate stress. A new client recently told us they had lost an Office Manager the year prior due to issues with her slow computer that were never addressed.

The sad truth is that most people don’t ‘get’ this concept. Time and time again, I have found myself talking to some clients with older systems, quite often the managing partner, trying to convince them to upgrade to a newer one. When the day comes and they finally upgrade, I ALWAYS get raving “thank yous” and “I wish I had done this sooner.” The same goes for laptop users finally getting a big monitor to work on, but that’s a topic for another month.

I challenge you to look at the hardware that you and your staff are working on. Do they have the right tools to complete their work done in an efficient manner or are their systems acting as bottlenecks in their workflow? Is your firms’ hardware over 3 years old? If so, while it may feel good to not be writing a check for the computer hardware, you are, in fact, writing the check, it’s just going to another line item, your payroll. I challenge you to question the way you look towards IT. Is it an expense you dread putting any money towards? Or is it a measurable investment you should be making into smart investments into. Remember, the legal services industry has the 3rd highest payroll cost, 45.03%! Every boost in productivity for your staff raises your revenue and your overall profitability.

About the Author: Tom Lambotte is CEO of GlobalMac IT, the only company in the world that specializes in providing IT support to Mac-based law firms. His methods are based on close to a decade of research, testing and real-world refinement of Best Practices, working directly with Mac-based law firms and firms switching from PC to Mac, across the country and around the world. Tom is the author of Hassle Free Mac IT Support for Law Firms and a highly sought after speaker at national events such as the ABA Techshow and MILOfest, a Mac Lovin’ Lawyers Event. Learn more about Tom and GlobalMac IT at www.globalmacit.com, and readers of The Mac Lawyer can obtain a free copy of Tom’s book, Hassle Free Mac IT Support for Law Firms, at this link.

Key Takeaways for Lawyers from Apple’s WWDC Keynote 2015

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wwdc 2015At Apple’s keynote presentation kicking off its World Wide Developer Conference last week, it unveiled some major improvements to its Watch OS, iOS and Mac OS platforms. Many of these changes are great legal technology that will benefit law practices. Here are a few key takeaways from Apple’s WWDC keynote 2015 address that attorneys have to look forward to:

OS X 10.11: El Capitan

The most beneficial feature of El Capitan, the new OS X for Mac computers, is that it will give people the ability to multi-task by splitting their screen. This will allow attorneys and other professionals to do two things at once, such as scan a new case and perform research at the same time.

iOS 9

Apple has added intelligence to its operating system with iOS 9 by giving it context sensitive features. For instance, if someone asks Siri, “remind me I have this” it will know that they’re talking about the meeting currently pulled up on their screen. Additionally, if an unknown number calls them, they may ask Siri to search their email for any matches.

Apple Watch 

Attorneys can now make the Apple Watch work for them in Watch OS 2 with the ability to make Face Time audio calls and respond to emails.

News

Attorneys can easily remain updated on law-related news stories with an app for the Mac called News. It will allow them to personalize their news stream and to automatically update whenever they open it. The app also includes graphics that will allow it to adapt to the news source’s aesthetics.

Superb Computer Security Guide for Attorneys

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4-Step Computer Security UpgradeIs your computer secure? Seriously, just between us, is it really secure? Secure enough that your clients would sleep soundly if they knew all the details? If pressed, would the powers-that-be conclude that you met your ethical obligations set forth in the Rules of Professional Conduct?

If you had to pause (even for a moment) to think about the answer to any of those questions, I have both good news and bad news for you. The “good” news is that you are like many other lawyers – who generally lag behind the technology curve. Far too many law firms would earn a “D” (at best) if they were graded on their computer security.  The bad news is that saying “I didn’t know” isn’t a sufficient response – to a client, a malpractice claim, or an ethical complaint.

Rule 1.6(c) of the ABA Model Rules of Professional Conduct states: “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” Pay close attention to the verb, as it states shall, not should. This is a requirement – and yes it extends to the information on your computer. Most attorneys are overworked, stressed out, and reluctant to change. These factors are not conducive to staying up to date on the latest technology, and even then, security is often one of the last items to be considered.

However, the “real” good news is that there is help available, today – for only $10. Sam Glover, Editor in Chief of Lawyerist.com, has written a short, simple, easy to follow guide that he claims “will take you from a D- to a solid B on computer security.” I have reviewed his 4-Step Computer Security Upgrade, and I agree with Sam and wholeheartedly recommend you buy it.

This computer security guide is a combination of concrete steps and best practices for such important topics as encryption, wi-fi security, two factor authentication, and secure passwords. Best of all, it includes step-by-step instructions for implementation (for both Macs and PCs) that anyone (even a non-tech savvy lawyer) can follow. It does all of this in a mere 35 pages and for only $10. What more could a busy, stressed, time-starved attorney possibly want?

Seriously, do yourself a favor and get this guide today – before it’s too late! Click here to learn more about this guide or to purchase a copy.

Great Resource About Dropbox for Lawyers

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dropbox for lawyersDropbox is one of the most often discussed pieces of legal technology for lawyers, and their uses of and opinions about it vary wides. When I give presentations on cloud computing, it’s always among the most frequently asked questions. Some trust it completely and use it daily, some use it with overlays (like Viivo or Boxcryptor), while others take a wide birth or only use it for limited purposes.

What is Dropbox (and its companion Dropbox for Business)? Simply put, it’s a cloud-based service that allows you to save files on one or device and then access them from anywhere. In other words, you can save a file on your desktop computer, have it synch (virtually in real time) to your laptop, your assistant’s computer, your iPhone/iPad, etc. A copy of your files is also served on Dropbox’s server, so you have a backup there too, and you can log into and access your files from any computer anywhere.

Tim Baran recently published at article at the Legal Productivity blog about Dropbox for lawyers, in which he listed some of the leading tech gurus’ thoughts about Dropbox. My comments in his article were:

My firm has not had a physical server since 2009. Instead, we’ve relied on Dropbox to act as our firm’s “virtual” server, which has made us incredibly more productive. Having our documents stored in the cloud makes them accessible from anywhere and its smartphone apps enable us to literally have all of our files with us all the time. Knowing that a copy of our documents is stored offsite also provides peace of mind in case the unthinkable happens. Dropbox also has many built-in features, such as versioning, sharing, and searching and its integration with numerous other apps, all of which make it invaluable to us. Suffice it to say that we love Dropbox and it’s one of those tools that we can’t imagine practicing without.

Some of the other attorneys interviewed were Jeff Richardson, Lee Rosen, Tom Mighell, Jeffrey Lewis, Martha Sperry, and Scott Grossberg, and as mentioned above their opinions on Dropbox varied widely, with many different viewpoints offered on the issue of security. Is Dropbox right for you or your firm? Only you can answer that question, but even after surveying the other products and services available today, we still believe Dropbox for Business an invaluable tool in our arsenal and something that enables us to provide high quality legal services to our clients no matter where we are.

Source: “How Lawyers Use Dropbox” by Tim Baran, published at Legal Productivity.