Lawyers are a conservative group when it comes to adopting new technology. This continue to hold true for the ever popular cloud technologies. Concerns about privacy and security related to data breaches are holding some firms back from transitioning over to cloud storage and services. In a 2015 Cloud Security Survey released Netwrix reveals the concerns around cloud adoption among lawyers include: security and privacy of data (26 percent), migration costs (22 percent) and loss of physical controls (17 percent). Moreover, security risks include unauthorized access (32 percent), insider misuse (18 percent) and account hijacking (18 percent.)

Alex Vovk, CEO and co-founder of Netwrix, told Legaltech News “Legal departments will be reluctant to entrust their valuable data and customers’ sensitive information, until they are absolutely sure that cloud providers can offer better security than the company can ensure on-premises.” Although data security is a privacy issue for all industries, legal departments are less likely to adopt technologies that do not guarantee full protection for their data.

Law firms may be cautious, but that doesn’t mean that they are uninterested in cloud technologies. According to the survey, 44 percent of the respondents indicated they their firms were in a stage of evaluation and discovery concerning cloud services. “This indicates that [law firms] are potentially ready to invest more in additional cloud security and consider various cloud options,” Vovk said. In fact, when it comes to hybrid cloud models, legal entities have the same interest in making the transition as private companies. In addtion, 37 percent of those surveyed favor a private cloud model.

Vovk summed up by stating that “… as soon as cloud providers are ready to provide additional security measures and to some extent ease the compliance burden …lawyers would become less skeptic[al] about cloud adoption.”

Article via Legaltech News, 3 December 2015

Photo: Cloud Solutions via NEC Corporation of America [Creative Commons Attribution-NonCommercial-NoDerivs]

The development of the Internet of Things has spurned a great deal of innovation in the field of legaltech. One such innovation belongs to the firearm safety company Yardarm. Yardarm’s sensor can be attached to the butt of a gun and record information about how it is used: when it is unholstered and holstered, where the gun is when it is in use, etc. In this way, Yardarm can record and transmit information about the potential use of deadly force when added to police firearms.

Though the Yardarm technology would be extremely useful on its own, the company hopes to integrate these sensors with other existing technology. For example, when the sensors record a gun being unholstered, it could trigger a body camera to turn on and start recording, eliminating the possibility of officers forgetting to turn on the cameras. Additionally, because the sensor records where the gun is when it is unholstered, it can alert an officer’s colleagues to their position without their needing to receive a call for backup. Yardarm could also be used to better train officers. If, during training, an officer’s gun is recorded as being unholstered too often, this can be amended before the officer is placed on active duty.

While tech like Yardarm’s sensors and body cameras are useful, they also bring up a lot of legal questions. Many are questioning who should be able to access body cam footage, and as Yardarm is relatively new, it will most likely face similar concerns. These sensors cab be used to keep police officers safe and accountable, though, and Reginald Wilkinson of the Ohio Attorney General’s Advisory Group on Law Enforcement Training states that, “Every bullet issued to a law enforcement officer is supposed to be accounted for, in theory, at least. If there is a way to make that a certain reality, then I think we’ll see more and more of it.”

Article via Buzzfeed, November 5, 2015

Photo: Witness 1911 #3 via Theleom [Creative Commons Attribution-NonCommercial-NoDerivs]

 

The Harvard library is where one may find shelves of books unearthed with valuable resources that include nearly every territorial and tribal judicial decision since colonial times. It provides priceless information for everyone from legal scholars to defense lawyers trying to challenge a criminal conviction. Now, Harvard librarians are taking off the spines of all but rarities and running them through a high-speed scanner. This would allow a complete searchable database of American case law available on the Web. Retrieval of these vital records were once usually paid for. Now they will be completely free.

“Improving access to justice is a priority. We feel an obligation and an opportunity here to open up our resources to the public.” said Martha Minow, dean of Harvard Law school.

Though the primary documents can be found in the public domain, it’s not in a convenient format, if at all. Legal groups spend approximately thousands to millions of dollars a year depending on the size of the office to find cases and trace doctrinal strands. Harvard’s “Free the Law” project can offer a floor of crucial information and offer sophisticated techniques for visualizing relations among cases and searching for themes.

“Complete results will become publicly available this fall for CA and NY, and the entire library will be online in 2017,” said Daniel Lewis, chief executive and co-founder of Ravel Law, a commercial start-up in California that has teamed up with Harvard Law for this project. The cases will be available at www.ravellaw.com. Ravel is paying millions of dollars to support the scanning project. The cases will be accessible in a searchable format and will be presented with visual maps developed by the company. It hopes to make money by offering more advanced analytical tools still being developed, like how judges responded to different motions in the past all for a fee.

Legal aid lawyers and public criminal defenders called the Harvard project a welcome development that may save them money and make the law more accessible to struggling lawyers, students and even inmates who try to mount appeals from barren prison libraries.

Alex Gulotta, executive director of Bay Area Legal Aid in Oakland, CA, called the project “brilliant” and put it in a broader context of making government information more readily available. “Knowledge is power. People will always need lawyers, but having resources available for self-help is important.”

Article via NY Times, October 28, 2015

Photo: Law books 2 via Eric E. Johnson [Creative Commons Attribution-NonCommercial-NoDerivs]

Gone are the days when law firms could rely on business from traditional sources. Due to the financial crisis in 2008, many law firms are still operating on a leaner staff and are looking for ways to cut expenses. To mitigate this need firms are looking to grow their expertise by connecting with outside experts, while also lowering their costs. In the information age, this means relying more on external digital sources for research instead of traditional in house law libraries.

Many prominent law firms have cut their costs by shrinking the size of their law library. In this leaner model, law firms cannot afford the costs of duplicate content and a buffet style approach to purchasing information. The demand for sophisticated research has increased, making law firms more dependent on access to vast amounts of content.

Two venders, LexisNexis and Westlaw are leading the market of law firms looking to meet the high information demand. As outsourcing has become more accepted in the legal community, there are more new companies coming aboard to meet legal information needs. Outsourced consultants are valuable to law firms because they can deliver high level services and expertise at scale. The companies allow law firms to take advantage of both broad and deep information, along with industry expertise, something that in house libraries alone cannot match.

For law firms, this means a lower administrative burden while increasing efficiency. As law firms conform and adjust to a changing market and economy, these services offer a means of staying relevant and competitive.

 

Article via LegalTechNews, 1 October 2015

Photo: law books via  Mr.TinDC [Creative Commons Attribution-NonCommercial-NoDerivs]

 

While wearable technology like Google Glass and Fitbit may appear to be better suited to consumer and recreational use, Marc Lambert from the firm Fennemore Craig has been creatively using wearable technology to better understand his clients and skillfully equip his lawyers. Lambert states that the process of introducing and using technology within his practice revolves around a “petri dish mentality”. Technology is routinely integrated into use within Lambert’s group, and then they evaluate whether the technology is benefitting their ability to help their clients. If the technology is found to have a positive impact on their work, other lawyers within the firm begin utilizing the technology.

One of the technologies that is allowing Lambert and his group to better communicate clients’ information is Google Glass. Lambert recounts using Google Glass to document how being a double amputee affects the day-to-day activities of client. Better than simply entering a demand letter or asking the client to describe their situation on the stand, Google Glass “is so effective is because it offered a first-person perspective on the hardships our client encountered each and every day of his life”, according to Lambert. Additionally, Lambert hopes that in future iterations of Google Glass hands-free video conferencing will allow him and his group to communicate with injured or handicapped clients that could not use other technology such as iPads to communicate as easily.

While Google Glass may seem more applicable to particular types of cases, Lambert utilizes Fitbits to determine how evidence may appear to focus jury groups. By asking focus groups to wear Fitbits and monitoring their heart rate as evidence is presented to them, Lambert can build a stronger case for his clients. Additionally, Fitbits could be used to provide support to clients’ claims that they are following their healthcare providers’ recommendations.

Though Lambert agrees that technology is a means to an end, it allows for better representation if “you buy in and aren’t simply paying lip service”. Technology is here to stay and innovation will lead to newer and more complex technologies. Therefore, as Lambert explains, it is  “important to educate other lawyers about how technology can be used and lead by example.”

Article via Above the LawSeptember 17, 2015

Photo: Becoming a cyborg via Jenn Vargas [Creative Commons Attribution-NonCommercial-NoDerivs]

 

 James C. Underhill Jr., an attorney in Colorado, has found himself in hot water after a fee dispute with clients went wrong.
A married couple that retained the lawyer’s services claimed that the fee collection that Mr. Underhill enforced was not what they had all verbally agreed to. When Mr. Underhill insisted on this new structure of payment, the couple left the lawyer and posted negative reviews for him on a review site.

Instead of taking it in stride, or countering the negative reviews with positive ones, Mr. Underhill struck back. As their lawyer, Mr. Underhill was privy to private conversations and information over the course of representing the couple. He used this information to publicly shame the couple in postings on the internet. He then sued the couple for defamation. When he lost his first suit, he waged a second one claiming that the couple had made other defamatory complaints about him on the internet.

This case(the full decision is posted at the end of the article here) has brought up how the law is affected by technology in a variety of ways. If a client had made a complaint 30 years ago, Mr. Underhill would have been able to expose attorney client information at the state bar. This has been allowed because attorneys must be able to protect their reputation. 30 years ago, this couple’s only way to lodge a complaint would have been by going to the state bar. Now, the result for Mr. Underhill is an 18 month suspension.

In these times, the internet offers a much quicker and more effective way of getting a complaint noticed. The law, unfortunately, has just not caught up with technology yet. In the meantime, lawyers will have to walk a fine line. They must recognize that although they will be judged in a more traditional setting, they have to operate in a world optimized for communication that the law is not able to regulate with the same veracity.

Article via AboveTheLaw, 8 September 2015

Photo: Night Work via Thomas Heylan[Creative Commons Attribution-NonCommercial-NoDerivs]