You do not have to spend a lot of money on case management software, and some cloud based services are free.  Come to ABA TECHSHOW and find out about how a frugal law firm can use technology to stay ahead of the game, make more profits and run an office more efficiently.

But, Tech-ish delight is something else entirely.  In fact, if the tech-forward/tech-leaning/tech-curious lawyer’s version of Turkish delight is the ABA TECHSHOW . . . well, then: they’re very different indeed.  For one, ABA TECHSHOW is not free.  For another, it could not properly be described as ‘delicious’.  Thirdly, ABA TECHSHOW is available this April, in Chicago; try finding Turkish delight at a local convenience store.  (While we’re just rapping about C.S. Lewis . . . if you’re looking for a book analogous to the ABA TECHSHOW experience, maybe it’s ‘The Screwtape Letters’.)

Plus, I’ll be at ABA TECHSHOW this year; and, who knows when I’ll be back again.  I’m presenting in back-to-back panels, on ‘Remote Access Best Practices’ (with Tom Rowe, of OTB Consulting) and on ‘Maximizing Your Investment in Social Media’ (with Samantha Meinke, of the State Bar of Michigan).  I’ll be co-hosting a ‘Taste of ABA TECHSHOW’ dinner (with Samantha, on the subject of ‘Getting the Most Out of Marketing on Each Social Network’) at a steak place, if you like steak — and, if you do, you can have mine (I hate steak).  Otherwise, I’ll be walking around eating deep dish pizza, selling my book and pacing the conference floor.  There is no end of opportunities to meet and confer with me.  Our own Rodney Dowell will also be in attendance.

But, there’s more: a lot more.  The ABA TECHSHOW schedule is packed with opportunities to listen to great speakers, and to network with some of the most tech-savvy attorneys in the country.  There’s certainly a good deal to keep track of; fortunately, you can use the ABA TECHSHOW 2013 conference app to plan your progress.

The ABA TECHSHOW is the premier lawyers’ technology conference; and, while it does represent a significant cost of attendance (you’ve got to pay to get out there, and to stay, while you’re missing billing time when you’re out there), the efficiency upgrades you acquire through the knowledge you glean from your attendance are likely to make the price worthwhile — not to mention the ability to grow your professional network of like-minded lawyers. 

So, Will I see you at ABA TECHSHOW?  (Don’t worry if it’s your first time: there’s a guide for that, too.)

 - By Jared Correia

This post originally appeared on The Massachusetts Law Office Management Assistance Program (LOMAP) Blog.

Some of the first questions we get when discussing Google Apps are, “What about the security, confidentiality, and ethics of the information stored in those documents and e-mails? Is it secure enough for lawyers to use?” Although the answer to those questions depends on whom you ask, a growing numbers of attorneys and law firms have been answering “yes” and adopting Google Apps.

“As a law firm handling confidential information for our clients, Bradford & Barthel takes security extremely seriously,” said the firm’s Director of Knowledge Strategy and Technology, Eric Hunter, in a guest post on the Official Google Enterprise Blog (available at http://linkon.in/VvM3pL). “We’re responsible for private information on individuals and companies and our best security option is Google Apps,” he continued. “Google has many security features – SAS70 Type II certification and two-step verification included – that allow us to feel confident our data and the data of our clients is much safer than if we hosted it on premise.”

Even with the security measures Google has in place for Google Apps, you still have a responsibility to make your account as secure as is reasonably possible by using a strong (hard to guess) password and 2-step authentication to access your account. You should also continually focus on security in everyday use and consider additional security features as they become available.

There are a number of critics who question the security of any off-site web-based application or storage service while others seem biased against only certain providers. Interest in the security of Google’s cloud offerings has been renewed in light of the company’s recent implementation of a new set of Terms of Service. Additionally, the widely-reported move by the City of Los Angeles to halt implementation of Google Apps to its criminal justice entities like the LAPD and the Criminal Division of the City Attorney’s Office has also raised security concerns. This is despite the fact that the Civil Division and other City agencies completed the implementation of Google Apps.

Before using  Google Apps or any cloud computing service provider, lawyers should make a reasonable effort to insure that confidential client information stored on those systems will remain confidential to comply with the recent addition of Section (c) to ABA Model Rule 1.6 (available at http://linkon.in/OYJIlc), which reads, “A lawyer shall make reasonable efforts to prevent the inadvertent disclosure of, or unauthorized access to, information relating to the representation of a client.” (While the ABA Model Rules are not binding on lawyers, most states will probably adopt this new Section.)

There are a growing number of state bar association ethics opinions that approve of lawyers using these cloud services as long as they use reasonable measures to ensure security. A collection of these opinions and analysis can be found at http://linkon.in/ethicsofcloud. Regardless of whether lawyers are storing files “in the cloud” or on their office’s local network, most of the ethics opinions explain that attorneys must make a  “reasonable effort” to keep that information secure to insure that their computers are as protected as they can be.  The ethics opinions explain that lawyers need to know what security measures are practiced by whatever cloud service provider they are considering, as well as where and how often vendors back-up the information stored with their services, among other concerns.

In Chapter 22 of Google Gmail and Calendar in One Hour for Lawyers we take a close look at the security practices Google has put in place for the information stored in Google Apps and we survey State Bar ethics opinions related to cloud computing services.

This post is adapted from the authors’ forthcoming book, Google Gmail & Calendar in One Hour For Lawyers. Carole and Mark will be presenting a Meet the Authors session during ABA TECHSHOW covering some of the content of that book on Thursday, April 4 at 3:30pm in the Expo Hall.

 - By Carole Levitt JD, MLS & Mark Rosch

 “Federal law prohibits Facebook from disclosing user content (such as messages, timeline posts, photos, etc.) in response to a civil subpoena. Specifically, the Stored Communications Act, 18 U.S.C. § 2701 et seq., prohibits Facebook from disclosing the contents of an account to any non-governmental entity pursuant to a subpoena or court order.”

But, is the Stored Communications Act really that clear about exempting this information from a civil subpoena?

The Stored Communications Act was enacted before Facebook or even the World Wide Web existed. Despite that fact, the judge in Crispin v. Audigier, 717 F.Supp.2d 965 (2010, C.D. CA) < http://linkon.in/CrispinvAudigier> held that certain elements (e.g., private messages) of a user’s Facebook or Myspace profile were protected from being subpoenaed under the Stored Communications Act by analogizing them to a type of electronic message (Bulletin Board System–BBS) that was mentioned in the Stored Communications Act. Thus, the court quashed the defendant’s subpoenas to Facebook and Myspace (and one other site) requesting private messages from the plaintiff’s account.

As to the subpoenas seeking Facebook wall postings and MySpace comments, however, the Crispin court remanded the matter so a fuller evidentiary record regarding plaintiff’s privacy settings could be determined before deciding whether to quash the subpoena for those elements. This implies that Facebook does not get to decide where the “privacy” bar should be set in determining whether social networking postings and comments are subject to a subpoena as Facebook’s Help pages would lead us to believe—only the Court gets to decide that.

 - By Carole Levitt JD, MLS & Mark Rosch

Carol and Mark will be speaking together at ABA TECHSHOW 2013 on Social Media and Large Firm topics. Don’t miss their first Session, Social Media as an Information Gathering Tool, on Thursday, April 4, 2013 from 8:30 a.m. – 9:30 a.m.

One of the true gems of ABA TECHSHOW is the EXPO Hall, and without doubt, one of the best uses of your time at ABA TECHSHOW 2013 is to spend some time with the vendors and exhibitors in the EXPO Hall.

In my experience as an ABA TECHSHOW attendee, as a ruthless EXPO Hall explorer, as an ABA TECHSHOW Board member, and as a potential customer (and an actual customer) of various ABA TECHSHOW vendors, I can tell you that spending time with the vendors and exhibitors is an incredibly valuable – if often overlooked – part of your experience. With the vendors and exhibitors, not only will you get a wealth of information from them about their products and services, but you’ll also get an earful about what works and what doesn’t, what legal tech trends you should be on the watch for, and how your practice can become more efficient.

To many vendors, ABA TECHSHOW is the biggest event of the year. They spent more money, commit more resources, bring more employees, and bring the best schwag to ABA TECHSHOW. Oftentimes, you’ll have access to the company higher-ups at ABA TECHSHOW than you would otherwise; you’ll see a lot of vendor CEOs and other C-Level executives wandering the EXPO Hall.

Often, though, attendees prioritize the EXPO Hall low on their list of Conference “must-do’s.” Part of that, surely, is an outgrowth of the amazing and captivating educational sessions planned by the ABA TECHSHOW Board and offered by the Faculty. Part of that, likely, is also due to a lack of awareness on the part of attendees about how useful time spent in the EXPO Hall actually is. But equally culpable is the perception that ABA TECHSHOW’s EXPO Hall vendors are scary, off putting people focused only on reaching into your pockets to take your hard-earned money. This, simply, could not be more inaccurate.

Most vendors in the ABA TECHSHOW EXPO Hall want to meet potential customers who are good reciprocal fits – that is, they want to meet you and spend time with you if their office will be a benefit to you and your practice and if they will benefit from having you as a customer. The last thing that a vendor wants is to spend time talking to someone who can’t effectively use their offerings; that’s a waste for everyone involved…

 ABA TECHSHOW 2013 is offering an amazing collection of exhibitors and vendors. Take a moment to look over the EXPO Hall map, to see the list of confirmed EXPO Hall vendors and exhibitors. While you should take the time to make a list of the “must-see” booths, you should also know that it doesn’t hurt just to wander and see what offerings are out there. You may discover a real gem that you didn’t even know existed!

While you’re planning your ABA TECHSHOW 2013 itinerary, make a real commitment to explore the EXPO Hall. While Conference expositions – especially ones as large as ABA TECHSHOW – can be daunting, remember that it’s not difficult at all to start a conversation with a vendor. They’re here to connect with you, and their entire purpose is to help you understand if and how (or if not and how not!) their product and service can benefit you.

 I’ve had a chance to talk with a few ABA TECHSHOW vendors, and out of those discussions, I can offer you the following tips on interacting with the EXPO Hall vendors and vendor reps:

• Vendor reps are busy during ABA TECHSHOW, and they don’t have perfect situational awareness. If you’re trying to get someone’s attention, and you’re getting no response, it’s not because they’re not interested. It’s likely because they’re busy with another potential customer or (unsuccessfully) trying to multi-task. Try making direct eye contact, saying hello, or offering a business card with a note that they should call or email you. Be patient if there’s a line of other ABA TECHSHOW attendees are ahead of you, or, just make plans to return to the booth later.
• The absolute best time to approach a vendor in the ABA TECHSHOW EXPO Hall is while a session is going on. You’ll miss out on valuable faculty insight and CLE credits, but you’ll have personal, one-on-one attention from the vendor.
• Bring a stack of business cards with you to ABA TECHSHOW 2013. They’ll be invaluable when you’re networking and making connections with fellow attendees, and doubly so as contact offerings to the Expo Hall vendors.
• Ask tough questions to the vendor. Take the appropriate time to explain your particular practice area, firm type, and need. These sorts of specifics are wholly appropriate and will help the vendors convey information useful to you.
• Don’t be shy about asking for schwag – pens, squishy balls, sweets, or even the occasional snuggie(!). They want you to take their branded goodies; in most cases, they’ve lugged this stuff across the country for you to have. But, don’t be greedy. If you’re going to take something, at least thank the vendor for their contribution to your goodie bag.
• Ask vendors about their competitors, about other products and services, or about certain functions that you require as part of your practice. The more questions you ask, the more valuable your time will be.
• When approaching a booth, tell the vendor rep specifically what you’re looking for. You may just want a quick idea of what their product or service is, or you may have some very specific questions and issues to address. Don’t be afraid of being specific in your introduction and in your information requests.
• If you’re a current customer, stop by and say hi to your vendor’s reps. Get a business card (and some schwag!) and make connections; that sort of interaction will be helpful to you down the road if you need some quick help. However, if you’re not satisfied with a vendor’s product or service, or are looking for some technical help, please understand that the ABA TECHSHOW EXPO Hall vendor representatives are not a tech support crew. Don’t be vocal in your dissatisfaction; keep it classy and ask for a business card, then send a private email. You’ll get better and quicker results that way.

The time you spend talking to ABA TECHSHOW vendors and their reps is valuable beyond belief. There is information you won’t get anywhere else other than by exploring the EXPO Hall. Follow these simple tips to make the most of your time in the ABA TECHSHOW 2013 EXPO Hall – both for you and for the vendors!

 - Randy A. Juip

As my friend Jody Westby pointed out in her excellent blog post yesterday, what Mandiant revealed did not come as news to anyone following the dismal trail of data breaches in the United States. China’s denial of state-sponsored hacking has been roundly refuted by one and all.

As Jody noted, “What is news in the Mandiant report is how they conducted their forensic investigation. Mandiant actually tracked the attackers’ communications back to a compromised “hop point” (middle man computer), obtained the cooperation of the compromised middle organization, and captured the keystrokes of the criminals as they were conducting their ‘work’.”

Mandiant and some of its client companies have been amassing evidence for several years, having watched this particular group of hackers, who work out of a building housing a People’s Liberation Army Unit on the outskirts of Shanghai. Mandiant observed and recorded (complete with screenshots) while it attacked companies in 20 industries since 2006.

Jody called the issuance of the report courageous and I couldn’t agree more. Mandiant fully expects reprisals from China. And indeed it should – it just painted a bulls-eye on its corporate forehead. For that – and the years of hard work that went into this report, Mandiant deserves our thanks.

You can download the report here.

 -Sharon Nelson

Sharon Nelson is speaking at ABA TECHSHOW 2013 on topics in security and digital forensics. Don’t miss this year’s Plenary Session with Sharon Nelson and John Simek, On the Trail of the Craigslist Killer: A Case Study in Digital Forensics.

Spring is coming and that means only one thing, ABA TECHSHOW is right around the corner. Affinity Consulting is proud to have Partner Britt Lorish as this year’s ABA TECHSHOW Chair and we chatted with her briefly to get some insight into this year’s event happening April 4-6 in Chicago.

What is the driving purpose behind an event such as ABA TECHSHOW?

For State Bar of Wisconsin members or if your state bar association is not acting as an ABA  TECHSHOW Program Promoter, the first 10 State Bar of Wisconsin members to register for all three days are eligible for the Super Pass discount rate of $500 for all three days. You do not have to be members of the same firm. To be eligible for the Super Pass discount, do not register directly at the ABA TECHSHOW website, contact State Bar Administrative Coordinator Emily Johnson at (608) 250-6098, or (800) 444-9404, ext. 6098.

- Nerino Petro

This post originally appeared on Compujurist, February 15, 2013. 

I will be presenting several programs on Windows 8, at the 2013 ABA TECHSHOW, April 4 – 6, in Chicago. The State Bar of Wisconsin is again serving as a program promoter for the TECHSHOW SuperPass. The first 10 State Bar of Wisconsin members to register for all three days are eligible for the Super Pass discount rate of $500. You do not have to be members of the same firm. To be eligible for the Super Pass discount, you need to Contact State Bar Administrative Coordinator Emily Johnson by Feb. 13 at (608) 250-6098, or (800) 444-9404, ext. 6098. Do not register directly at the ABA TECHSHOW website to get join the Wisconsin SuperPass group.

–Nerino Petro

One of the important matters to address for a solo or small firm is that one cannot spend like a big firm.  A small firm simply does not have the resources for imported leather chairs and mahogany paneling.  Neither does a small firm have the resources for multiple servers, state of the art telephony and three monitors per work station.  Much depends on the size of the firm and the ratio of staff per attorney, but in general, a solo or small firm does not have a per person overhead budget comparable to a large firm.  Numbers dictate what can and cannot be accomplished, and the bottom line budget will determine the technology resources which are available.

• Do you need to have a professional version of Microsoft Office in order to run an effective law office?
• What resources are available for free or low cost legal research online?  You do not necessarily have to have a Westlaw or LexisNexis account to get the case you need.
• When is it time to upgrade your hardware or software?  When is it better to replace your hardware or software without breaking the bank?

Join us at ABA TECHSHOW 2013 where our speakers will try to show some technology tips for the uninitiated to get the most from lesser resources, in the Solo / Small Firm session entitled “The Frugal Law Firm.”

- Marc W. Matheny