Greater Vancouver Realtors Statistics Package April 2024
Remote Access for Law Firms: Ethics + Legal Considerations
1. Wednesday, September 25, 2013
4 - 6 pm
@ Social Law Library, Boston
presented by
Jared D. Correia, Esq.
Assistant Director
Senior Law Practice Advisor
Massachusetts Law Office Management Assistance Program
3. American Bar Association Model Rules of Professional Conduct
Status of the Rules
A Standard of Technology Competence
Effect on Confidentiality
Massachusetts Rules of Professional Conduct
Silent onTechnology, or Antiquated Reference
Extrapolation
Massachusetts Bar Association
Committee on Professional Ethics
Ethics Opinion 12-03 on Use of Google Drive
Other States
Ethics Opinions
Due Diligence + ReasonableCare | PLUS
ETHICS
4. Massachusetts General Laws, Chapters 93H + 93I
201 Code of Massachusetts Regulations 17
WISP
Encryption
Vetting
Reporting
Court Rules (. . . Sort Of)
PIDGuidelines, Similar to MGL + CMR
Not Enforced,AsYet
Other States
AnAccident of Licensure
Purpose is Protecting State Residents
LAWS + RULES
5. Archiving Due Diligence
Pre-Encryption
By Hand
By Proxy
By Email
Factors of Authentication
SomethingYou Know
SomethingYou Have
SomethingYou Are
Policies + Procedures
Client Education
. . .
Avoidance is NOT the Answer
SOLUTIONS
6. The Shift to the Cloud Will Only Increase
TraditionalApplicationsWill Continue to Move, inWhole or in Part
TechnologyCompetence is a Practical Necessity
You Do NotWork In aVacuum Any Longer
Extrapolating + Analogizing
Cultural Lag
GreyAreas Abound
Reasonableness Standard
The Conduct is Always the Issue, Not the Media
You’ve Already Been Introduced
Personal Use
ProfessionalUse
The AccountantAnalogy
THE STATUS QUON’T
7. Don’tThink Of It as ‘the Cloud’
Think of it as ‘the Foot Locker’
Information Management
Essential to Preservation of Business
Data Backup Lives
Building Redundancies
What’sYours isYours
Options Overload
Pluribus or Unum?
FreeTrials
Buy-In
There Is No Perfect Solution
A Breach is Likely
OBSERVATIONS
8.
9. Questions?
Concerns?
. . . Has
Answers.
31 Milk Street
Suite 810
Boston, Massachusetts 02109
www.masslomap.org
www.masslomap.org/blog
www.facebook.com/MassLOMAP
@MassLOMAP
Jared D. Correia, Esq.
@jaredcorreia
www.attorneyatwork.com/author/jared-correia
www.legaltalknetwork.com/podcasts/legal-toolkit
‘Twitter in One Hour for Lawyers’