Your Paperless Future: How to Find Time by Losing Paper* (* While Avoiding Ethical Pitfalls )

1. Your Paperless Future:How to Find Time by Losing Paper*(*While Avoiding Ethical Pitfalls) Colorado Defense Lawyers Association Annual Meeting 2014 Doug McQuiston

2. Before we go any further… • Let’s get the Ethics Portion out of the way early, shall we? • In many ways, it is the most important part!

3. The Ethics Portion It’s not all about the hardware and software!

4. The Ethics Portion:Data and System Security • Data security– it’s everyone’s problem • Strong Passwords, Encryption are non-negotiable • “Password” is not a password! • All remote access has to have “two-way” protection–at the back end via separate sign-on (SSO), username and strong password, and at the front-end, device level via remote wipe-ability, restricted view, “killswitch” and download/access controls; • System must be secure against snooping If you and your firm aren’t committed to these safeguards-- stop here and don’t go Paperless!

5. The Ethics Portion:Getting online?- Look over your shoulder first! • Stay off unsecured wireless- no exceptions • Work-related use requires secure access, separate sign-on. • MIFI is quick, secure, reliable, inexpensive, and always available, anywhere you have a cell signal

6. The Ethics Portion • Clouds bring storms-safer than the trunk of your car, but you still have a duty to keep it secure. • Data security is more than just good business– it’s the Law: • CRPC 1.6: Confidentiality; • CRPC1.16A: Client file retention (“A client's files, within the meaning of Rule 1.16A, consist of those things, such as papers and electronic data, relating to a matter that the lawyer would usually maintain in the ordinary course of practice.“

7. The Ethics Portion • So– where’s your file? • Servers at the office? • Locked room? Who has the key(s)? • Backups- on and offsite? • Who maintains it? • Cloud? • Who owns it: • Where is it? • Who can see it? • What happens to it if your contract ends?

8. The Ethics Portion • CRPC1.16A: • Retention (cannot destroy file without notice in first ten years following representation, absent signed authorization); • Written file retention policies the same whether paper or electronic files; • Return of “file” to client- what format? Must be complete, usable by client (e.g., .pdf).

9. The Ethics Portion • CRPC 5.1, 5.3: Responsibilities of managing partner or supervisory lawyer: • Assure all lawyers and employees abide by confidentiality rules (secure sign on, strong passwords, unauthorized access, etc.); • Managing Partner, Supervisory Lawyer is potentially liable for any violations!

10. The Ethics Portion:Clouds Bring Storms • Security– who owns your data? • If you change vendors, how do you get your data back? Is it useable, or just code? • Confidentiality- do your vendor’s techs see your client files, or just code? • Your user agreement is critical!

11. The Ethics Portion:A Better Cloud • “Owned” cloud: your equipment, your IT techs, under your control • Access over the Web orVPN • Can load software “in the Cloud” (SaaS) to allow easy access on any device • Far less prone to hackers, unauthorized access • Control, confidentiality, and freedom • Can use Citrix or other “work anywhere” solutions.

12. The Ethics Portion • Other ethical issues: • Metadata (what-a-data?) • “Data about data”– hidden in every document unless you remove it; • Can be exploited by third parties, adversaries; • Metadata discipline is required by everyone who sends electronic documents out (scrub it first!); • HIPAA– Are you encrypting medical records before sending to experts, adjusters, clients?

13. OK– You’re On Board– What Next? • How it is now; • How it could be; • Getting from here to there. • Managing your content once you’re there; • Taking the Act on the Road- a Mobile Device flyover.

14. How It Is- Sound Familiar? • Banker’s boxes, folders, Redwells, Binders, and associates to lug it all to every deposition; • Documents take days, weeks (longer?) to make it to the file; • “Printing out” emails??!! • “Where’s the latest pleading…?!”

15. How Do We Get From This:

16. Or this?

17. Or Maybe Even This?!

18. To this:

19. Well, O.K., Maybe This:

20. Or Maybe Even This

21. How it Could Be • Flip the Switch: Your electronic file becomes the “official” file. Paper file size is drastically reduced. Most paper documents will be shredded. • Your paper “file” will be limited, “archival.” It will hold almost nothing. • Filing time will drop from weeks to minutes; expense, and physical storage space will be reduced by up to 80%. • Attorneys will have instant access to every document in every file, wherever they are. • What paper will we keep?! • Pleadings with original signatures (e.g., stipulations, discovery answers) • Award Orders (though these should not be saved in paper in most cases) • Proof of service (again, these can and should be stored electronically only if possible) • Paper originals/copies of depositions (electronic copies are preferred)

22. What about everything else? • Original client documents? Scan to file, and returnto client. • All other paper will be shredded/recycled as soon as the scan quality is verified. • Dual monitors, remote access (MiFi), cross-platform availability, will enable attorneys, paralegals and legal secretaries to work the file documents “paperlessly,” at the same time if necessary, securely, anywhere with a cell signal.

23. The Future Is Now Work anywhere with a web connection- the world is your office. Documents hit the file in minutes, not days. Work can flow between team members at the speed of the Web; Downtime = productive time (at a mediation? Use the slack time to catch up on other work); Seamless access to email, emailed attachments; Use of Box.com to move large files speeds the process; PDF Converter- more powerful than paper ever was; “App” version of your case or document management system allows full file access, billing, etc., right from your pad or Smartphone.

24. The Hardware • Laptop/Notebook computers; • Broadband (7-10 mbps download speed preferable), and high-speed, scalable routers with wireless access points; • High-capacity, scalable servers with sufficient storage (1TB or better); • Dual, large-format LED monitors; • Sheetfeed, fast, networked document scanners. • MiFi; • Smartphone/Tablet

25. The Software • Basic: • Windows architecture- use the folder structure for case files; • Directories, folders, subfolders; • Problems? Easy to move, delete files, folders inadvertently; accessibility issues; • Wait- what? Where’re all of our 2013 files?!?!

26. The Software • Document Management Software (DMS): • “Digital File Room; • Automates document naming, storage; • More secure against inadvertent movement or deletion (prompts for name, location); • Easier to retrieve if lost; • Cross-platform use (can save emails, Word docs, etc., from within application– no need to “drag and drop.”

27. The Software • Case Management Programs (CMP)- The All-in-One solution: • Handles firm management (billing, etc.) case management, and document management; • Scale, ease, and efficiency- do everything you need to do in one “world,” anywhere. • Better, smoother, more powerful “apps” for tablet, Smartphone access.

29. Taking the Act on the Road How to get the most out of your Paperless File

30. Remote Access • Laptop, Smartphone, Tablet, iPad? • All of the above! • Cut the Wire–wi-fi, mi-fi, broadband • But what about: • Data security? • Ethical concerns? • System availability? • Crashes? • Snooping?!

31. Remote Access • Smartphones are more powerful than the computers on the first Space Shuttles! • Everything you need to practice law– all in the palm of your hand. • “Meet” your client via video conference, send the fee agreement, while waiting for your kid’s piano recital to start.

32. Tablets- Your office, in your hand • Office2HD • Word • Excel • Powerpoint viewer • iAnnotatePDF • Readdle • AdobeCreatePDF • Case Management/Doc Management apps • Office email (Good, Exchange)

33. Presenting on the iPad • Keynote, PowerPoint.– create, organize, and display slides, video, etc. • iAnnotate PDF- Mark up, callout, prepare, and display • Airplay (and Reflector)- cut the wire!

34. Conclusion • They all come with “off” buttons! • Right tool, right place, right time-- you really can leave the laptop home (sometimes) • All about time-shifting, getting it done, and getting home on time.

35. Your Paperless Future Questions?