Archive for category Ethics
Law Firm getting rid of old technology? What are you going to do with your client’s data?
Posted by Ron in Digital Office, Ethics, Scanning, Storage on May 13, 2010
Any firm (or business for that matter) that prepares or stores client data on a computer will eventually have to upgrade. One place we often fail to think our data may be is on unused clusters or sectors on our hard drives. Guess what? When you delete data, it isn’t really gone.
If you store sensitive material of any kind related to your business, when you replace or upgrade most any type of digital storage device, you may be accidentally opening up your client’s files.
Consider this CBS Investigation into old copy machines.
Your computer hard drive is no different. Thankfully, the American Bar Association posted an article HERE instructing attorneys on proper data deletion to protect clients.
Metadata and the attorney…
Posted by Ron in .PDF, Digital Office, E-Filing, Ethics, Making the Switch, Scanning on February 10, 2010
Know what metadata is? Metadata is basically data about your data. Metadata is the who, what, when, where, and why of documents, pictures, etc… that you create. For example, the metadata in a Word document may contain the author of the document, when it was created, the text that was edited, deleted, etc….
Imagine drafting a plea agreement, contract, will, deed, etc… in Word. Any opposing counsel could open the document and see the metadata, and perhaps the changes and revisions you made. Why do we care? Ethics. You could potential be sending out sensitive client information unwillingly. While not malicious in itself, metadata can cause you some serious concerns when dealing with a client’s sensitive documents.
Most programs like Word, PowerPoint, Excel, etc… insert metadata into their files. A good practice for any attorney is to get rid of it if you don’t want anyone else poking around in it. How do we do that? By scrubbing it, of course!
There are a lot of ways to “scrub” metadata from a document. If you are using Adobe Acrobat products and creating .PDF files, it is easy. Before you save the document, simply select “document” then “examine document”. Look at this example of Lane Kiffin’s contract with the University of Tennessee:
Look at the left column. It shows the metadata in this document and even gives the option to look at deleted or cropped areas, and remove the metadata. The ability to remove metadata is one more advantage to the .PDF file format.
If you use Word, there are several ways to remove metadata from your Word documents as well. Newer versions of Word have a similar “examine document” function like Acrobat, but older versions don’t. If you use older versions of Word, you may be interested in the free program Doc Scrubber. You can download it HERE. Doc Scrubber is only for Windows computers, though.
While beneficial sometimes, metadata can certainly be bad for attorneys. Some states have addressed this in legal ethics opinions and made it the sending lawyers duty to remove it, and admonished receiving lawyers for looking at it as a unauthorized look at potential attorney-client privileged information. So why risk it? Just remove it.
The Basics Part 3…Storage
Posted by Ron in Backup, Digital Office, Ethics, Making the Switch, Storage on February 10, 2010
Where are you going to put all the digital case files you have now created? If you don’t have a secure place to store them, there is no need in creating them in the first place.
Chances are, you have some type of network in your office/home that you save data on. That’s the basic premise we use in the Commonwealth’s Attorney’s Office. We use a server as a “traffic cop”, but you don’t really need one. We store all of our data on Network Attached Storage (NAS).
We use a series of Buffalo Terastations, that look like this:
Above is a rack mounted Terastation. If you don’t have a rack in your home or office, you can use this version:
The benefits of a NAS device are many. The short form is you have one central redundant storage location with a collective data pool that many people can connect to at once. NAS devices are also cheaper and easier to maintain than a server.
Notice the 4 hard drives in the picture above? That’s often referred to as a RAID configuration. There are many different RAID configurations, but what you really need to know is that RAID creates more than one copy of what you save to a NAS device if setup properly. Therein lies another NAS benefit; multiple backups of your important data.
Here is a simple RAID explanation using a popular NAS called the ReadyNAS Duo:
I’ve also setup 2 small local firms with the ReadyNAS Duo as their main network storage. It is relatively inexpensive, and merely shows up as another drive on any computer on your Network. You backup without knowing it. Brilliant. Amazon has a great deal on the ReadyNAS HERE. This particular NAS comes with no drives, so you can choose the storage size that best fits your office need. All of our digital case files for the last 10 years are under 40gb, but buy the largest drives you can to ensure storage for the future.
NAS devices are easy to setup, easy to use, and easy to maintain. My favorite part? No data is stored on the user’s machine, so the user’s computer is not bogged down with too much information. I can also add a new computer to our network a lot faster than the traditional method of storing data and programs on each individual user’s computer. NAS devices also create reliable backups of precious data, which we lawyers must have when storing client information. But one backup is NOT enough. More on that later.
e-filing underway in Wise County
Posted by Ron in .PDF, Digital Office, Email, Ethics, Making the Switch, Scanning on January 27, 2010
The Commonwealth’s Attorney’s Office became the first prosecutor’s office in the Commonwealth to e-file earlier this week. This is an exciting program, and the result of a lot of hard work for a lot of people. Big thanks to everyone involved.
The Cloud and Software as a Service…
Posted by Ron in .PDF, Backup, Cloud, Digital Office, Email, Ethics, Making the Switch, Offsite Storage, Scanning, Smartphones on January 24, 2010
The ABA practice management website has a great explanation of “cloud” computing, also known as Software as a Service. Software as a Service (SaaS) offers portability that traditional software just cannot compete with. Using gmail or yahoo email? You are already using SaaS. Check out the article HERE.
Here is a simple explanation of cloud computing also:
Arizona Legal Ethics Opinion regarding client file storage in the cloud
Posted by Ron in Backup, Cloud, Digital Office, Ethics, Making the Switch, Offsite Storage, Storage on January 16, 2010
Check it out HERE
What I find most interesting is the conclusion that attorneys need to be aware of their limitations and competence regarding online file storage. Good reading if you are storing client files in off-site storage.



