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The North Carolina Bar Association’s Center for Practice Management (CPM) is the starting point for NCBA members seeking information about technology, practice management, and law firm start up. CPM provides resources to help NCBA member attorneys, paralegals and legal administrators improve efficiency, reduce risk and improve client relations in their law firms.







    [Law Practice Advisor] Tarheel, Boy: North Carolina Bar Association Proposed Ethics Opinion Helpful for Compliance with Massachusetts Data Privacy Law  - September 02, 2010  12:52:00 PM
    Before we get started, I’d like to direct your attention to a really great cause (keep reading, this will cost you no money) that my friend Jamie alerted me to:

    The Cystic Fybrosis Foundation is seeking $250,000 through the Pepsi Refresh Project to purchase and distribute breathing devices for infants with cystic fibrosis. If you want to help, please vote for the project here. Voting ends September 30.

    What’s good about the Pepsi Refresh Project: (1) It’s not your money, it’s Pepsi’s. (2) All you have to do is register and vote. (3) It makes it easy to do something good today.

    . . .

    We’ve written here numerous times in relation to the new (becoming less new by the day) Massachusetts data privacy law and regulations (you may find all of our said musings linked out from this root post, on email encryption). (Yes, there’s still more to say. C’mon, I have to stay busy. Don’t make me write about being offline again, because I will.) One of the most vexing requirements of the revised regulations is that Massachusetts businesses, including (one more time, now:) solo and small firm attorneys (and any attorneys, or law offices, for that matter), maintaining statutorily-protected resident information must first vet, and then contract with (so that they will faithfully uphold the Massachusetts data privacy laws, too), third party vendors/service providers who will have access to their confidential information. We’ve discussed the potential difficulties with these requirements previously, here, specifically. For those of you unable, or unwilling, to click back, the essential difficulty is, as follows: How are you supposed to vet service providers without any guidance on how to do so? What if the service provider won’t sign off on a contract provision/you can’t get them to even address the issue of a contract provision (for the latter development, think of massive conglomerates, like Google and Microsoft)?

    Stepping, anthropomorphically, forward, to fill the breach, just a little bit, is a proposed ethics opinion of the North Carolina Bar Association. The opinion, formally--perhaps that’s a redundant adverb in this case--known as (proposed) 2010 Formal Ethics Opinion 7, ostensibly addresses whether and how an attorney/law firm may select an SaaS (software as a service) provider. In addition to providing some good background information on what SaaS is, and how it functions in the legal environment, the opinion addresses two broad matters: First, North Carolina says, or, proposes, as of now, that its attorneys may use SaaS in their practice of law so long as steps are taken to avoid the inadvertent or unauthorized disclosure of confidential information. (Sound familiar?) Second, North Carolina, via this proposed opinion, offers a list (with the appropriate caveats) of 14 question sets meant to vet potential SaaS vendor companies’ risk factors for inadvertent or unauthorized disclosure of confidential information. (And, despite North Carolina’s lack of a data privacy statute similar to that adopted by Massachusetts, note that the third question set contains queries respecting contracting between vendors in relation to a lawyer’s professional duties and with respect to a potential agency relationship between the lawyer and vendor company; this suggests that contracting with vendors for risk minimization, with respect to data privacy, may be moving into the sphere of best practice, where it is not a legal requirement.)

    But, What (more) does this mean for you, Massachusetts lawyer? Well, although there has been no similar ethical pronouncement respecting the use of SaaS by Massachusetts attorneys, the North Carolina Bar Association, through its proposed ethics opinion, provides, likely unwittingly, Massachusetts businesspersons with some guidance with respect to the two main issues related to the third party vendor vetting and contracting provisions of the Massachusetts data privacy regulations:

    How are you supposed to vet service providers without any guidance on how to do so?

    Well, now you’ve got 14 question sets to start with.

    What if the service provider won’t sign off on a contract provision/you can’t get them to even address the issue of a contract provision (for the latter development, think of massive conglomerates, like Google and Microsoft)?

    As we’ve said here at the blog before, if you can’t get the contract provision, you’re not strictly in compliance with the regulations. The semi-official answer, if you can’t get the contract provision, is that you should then look for similar service providers, until you find one who can do something for you close to what your original (preferred?) service provider would have done, but while signing off on a contract provision to uphold the Massachusetts regulations on data privacy in relation to their accessing of your data. But, What if you really liked your original service provider? What if they were an industry leader, perhaps the industry leader? Maybe the large, industry-leading company is just ignoring your efforts to contract with them, because they can. And, What if the similar service providers down on your list don’t vet well? Well, then, you’ve got two aspects of the statute butting against each other. Then this becomes a matter of risk management. Will appropriate vetting coupled with aggressive efforts to contract mean substantial compliance? Perhaps. But, no one knows for sure. If you believe that substantial compliance will become compliance, and you’re willing to take the risk of bypassing strict compliance, then your substantial compliance will look far better the deeper your vetting process is. Using the North Carolina question sets to begin vetting your service providers is a step in the appropriate direction, and will serve to buttress your general vetting procedure, a record of which, in addition to efforts to contract, will represent your stab at substantial compliance.

    Some further notes:

    -If this was not laid out clearly enough previously, it is an essential point, warranting reiteration: When you are vetting service providers and inquiring about contracts and contract provisions, keep records of everything you do. This is the building of your case for substantial compliance.

    -The North Carolina Bar Association Ethics Committee has decided to send the proposed ethics opinion to a subcommittee for further study. So, if an official version of this ethics opinion is released, it may look a little different from the version we are seeing today, and which has been linked out from this post.

    -To learn more about SaaS in the legal field, check out this episode of my podcast.

    -No, not every vendor is SaaS; but, the majority of those that access your electronic data will be.

    . . .

    Liner Notes

    The fact that summer is ending is making me crazy. I want to reverse the rotation of the Earth, like a certain super man; but, alas, I cannot: Rodney keeps kryptonite in a jar in the office that I can’t touch.

    I mean, it’s just unfair. This summer was bomb. I mean, the weather was dope, like all summer. I went to Branson. Played a ton of mini-golf. (Yes, I play miniature golf, and I’m awesome at it.) Found my favorite summer song in a long time: Brad Paisley’s “Water”. So, you can understandably blame my agitated state of mind for what I am about to do . . .

    Here are some of the SaaSiest songs (haha!, I know) I know:

    “I’m Too Sexy” by Right Said Fred

    “Tubthumping” by Chumbawamba

    “Groove Is In the Heart” by Deee-Lite

    “Buffalo Stance” by Neneh Cherry (Gigolo. Suckah.)

    “Push It” by Salt ‘n’ Pepa

    “You’re the One That I Want” by John Travolta and Olivia Newton-John (from “Grease”)

    “Steal My Sunshine” by Len

    “Fly” by Sugar Ray

    “I Want It That Way” by Backstreet Boys

    “Dressed for Success” by Roxette (Roxette is one of my favorite bands ever. Yes. No, seriously.)

    “MMMBop” by Hanson

    “Gonna Make You Sweat (Everybody Dance Now)” by C + C Music Factory

    “Unbelievable” by EMF

    Wow. Is it 1990 in here, or is just me?

    (Really, there’s nothing like some truly godawful 90’s pop music to lead you hurtling into your weekend. And, yes, I knew when “Unbelievable” came out without even looking it up.)

    Yes, I’m ashamed. Thanks for asking.

    (See, Rachel, you’re not the only one with absolutely horrific taste in music.)


    [ABA Site-tation] ABA TechEZ Training: Microsoft Quick Parts and Google Tricks  - September 01, 2010  12:10:50 PM
    Body:

    Two new ABA TechEZ Training Tuesdays recordings are now available for ABA Members:

    Efficient Drafting with Microsoft Office Quick Parts
    In this Training Tuesday session we look at ways to cut down on the time required for drafting e-mail messages and Word documents by using Microsoft Office's Quick Parts feature to store and instantly insert blocks of frequently-used text. Quick Parts can enable "document assembly-lite" capabilities within Microsoft Office.

    15 Google Search Tricks
    Google isn't just for basic web searches. Need to track a package? Check flight status? Convert currency or measurements? We demonstrate how you can use the regular Google search tool in fifteen different ways you may never have expected.

    ABA TechEZ Training Tuesdays provides ABA members with expert technology training in manageable doses -- usually fifteen minutes or less. The training sessions are focused on specific tips, tricks, features, or products. Training is held every Tuesday at 2:00PM Central, and recordings of the live training are posted soon afterward.

    Coming up next Tuesday, September 7th:

    Windows 7 Federated Search
    One of the niftiest features of Microsoft Windows 7 operating system is the federated search. In addition to letting you search across email, documents, pictures, videos and other items stored on your local and networked drives, you can also use search connectors to get results from Google, Twitter, YouTube and more - all at the same time! Come see how it's done in this session.

    ABA members can register to watch the training live next Tuesday at 2:00PM CT, or check the ABA TechEZ Training Library next Wednesday to view the recording. Be sure to visit the training calendar to learn about other upcoming topics.

    Category: Technology News
    Published: 9/1/2010 11:08 AM


    [Slaw: Dan Pinnington] Get on the Partnership Track With the CBA Partnership Toolkit  - September 01, 2010  11:11:29 AM

    The Canadian Bar Association’s new Partnership Toolkit is a comprehensive collection of information aimed at lawyers trying to navigate the oftentimes confusing and difficult path to partnership. Lawyers will find a wealth of advice here in the form of self assessments, audio podcasts and articles in both web and PDF formats.

    The site can be navigated in an interactive and animated menu style as well as a traditional series of links. Some of the highlights of the Toolkit in include:

    A self assessment questionnaire to help you decide if partnership is right for you. An audio podcast

    … [more]



    [Avoid a Claim] Get on the partnership track with the CBA Partnership Toolkit  - September 01, 2010  11:09:24 AM
    The Canadian Bar Association’s new Partnership Toolkit is a comprehensive collection of information aimed at lawyers trying to navigate the oftentimes confusing and difficult path to partnership. Lawyers will find a wealth of advice here in the form of self assessments, audio podcasts and articles in both web and PDF formats. The site can be [...]

    [Reid My Blog] Unique Pro Bono Consortium Resolves I-35 Bridge Collapse Litigation  - August 31, 2010  5:59:00 PM

    I was proud to read in the National Law Journal that my friend and law school classmate, Chris Messerly, led a unique consortium of 17 pro bono law firms to settle the lawsuits resulting from the August 2007 Interstate 35W bridge collapse over the Mississippi River in Minneapolis.

    Chris is with Robins, Kaplan, Miller & Ciresi, the Minneapolis-based litigation firm that agreed to handle the case pro bono. Chris was president of the Minnesota Trial Lawyers Association at the time of the collapse, which led him to orchestrate the group of firms to handle the matter without compensation. 

    According the interview with Chris in the National Law Journal, the unique group of firms worked well together for the benefit of the victims:

    We had teams focused on various aspects, such as brief writing and experts, and we coordinated all that. [Robins Kaplan Minneapolis partner] Phil Sieff spent a great deal of time essentially managing this consortium. The regular meetings would usually be telephone conferences so everyone was up to speed, and we'd have periodic meetings where all of the clients would come to our firm and meet all together. There was a joint prosecution agreement amongst all plaintiffs' lawyers to protect confidentially. We would also make assignments to various lawyers. [For example], there were millions of documents to review. So we'd coordinate schedules, and lawyers would spend a day or two or three doing that over the months that we reviewed millions of documents. Over 130 people in our law firm contributed over 20,000 hours to the pro bono effort. That kind of tells you the effort it took to coordinate, oversee, manage and provide direction to the work done for all 103 of our clients. [Also], every consortium lawyer had the ability, with password-protected access, to access any and all documents [online]. Although not all [documents] were produced electronically we made them so. We would send out a notice weekly of all the additional things that had been placed in the repository. We also paid over $2 million in costs, [including] expert costs, travel and depositions. 
    The representation not only included a court battle, but a risky and time-consuming strategy to get the state legislature to enact a 9/11 type fund. Although the firm may ultimately recoup the $2 million in costs, it was never the expectation of the firm. That's a commitment to the victims. It's also a snapshot of the way they do things in my home state of Minnesota. 

    It also reflects the core values of the lead attorney who has always exemplified compassion and professionalism ever since we were in a first year law study group almost 25 years ago. 

    Way to go Chris! 



    [ABA Site-tation] Facebook Places  - August 31, 2010  2:48:02 PM
    Body:

    The recently launched location based service Facebook Places allows you to see where your friends are and share your location in the real world. If you are at a conference and Facebook Places reveals that some of your best friends are at the same conference, this can be a great thing. The Facebook Blog further discusses the benefits of Places in the posting “Who, What, When, and Now...Where.”

     

    Facebook Places takes advantage of the growing popularity of location-based social media made popular by Foursquare and Gowalla. These websites, sometimes referred to as geotagging or geosocial sites, use your mobile devices as a GPS device. This makes it easy to share your favorite places, keep up with friends and discover new places. Similar sites include Brightkite and Loopt. Businesses encourage participation by offering customers discounts and incentives for being a part of their community.

     

    These services can be handy when you are travelling to an unfamiliar city and want restaurant or lodging recommendations. The challenge comes when your location is revealed without your knowledge or consent. This can happen if your application settings automatically broadcast your location or a third party publishes your location.

     

    When you check into Facebook Places, you can also tag friends who are with you, just as you can tag a friend in a status update or photo. This can be a plus or minus depending on how much you value your privacy. Jim Calloway, Director of the Oklahoma Bar Association's Management Assistance Program, elaborates on the risks in his blog post “The Dangers of Photo Geotagging.”

     

    Take a look at the two minute video “How to avoid being “Checked In” by your friends on Facebook’s Places” posted by Internet entrepreneur Peter Shankman then review your Facebook settings accordingly.

    Category: Web/Communication Technology
    Published: 8/31/2010 1:41 PM


    [PMATips] Can’t Read It! – 08/30/10  - August 31, 2010  2:39:27 PM
    Would you like to read articles on the web without the surrounding clutter? Would you like to control the relative size of the text in web page articles? Would you like to print only the article in a format that is truly readable?

    [Reid My Blog] Revisiting America at the Minnesota State Fair  - August 31, 2010  9:42:26 AM
    Yesterday my youngest son Kendall and I visited the Minnesota State Fair, a 149 year tradition that has been at the same fairgrounds in a suburb of St. Paul (about 4 miles from where I grew up) for over 100 years. It was our first visit in 5 years.

    The Minnesota State Fair is 320 acres of food, fun, exhibits and people watching. The fair attracts over 1.8 million visitors in the 12 days leading up to Labor Day. There is plenty to do and see--from the huge farm tractors showcased on Machinery Hill to the games and rides on the Midway; from jam, honey, quilt and Christmas tree decorating competitions to the booths hawking “Miracle Mops”; from the pig and cow barns full of prize-winning livestock to the nightly grandstand performances featuring (over the years) everyone from Christina Aguilera to ZZTop; from The Carpenters to KISS; from Tex Ritter to Carrie Underwood and hundreds more.

    But we go for the food. Fabulous food. Not gourmet food, but state fair food. Comfort food—most of it cooked in deep dark boiling vats of vegetable oil. Food you shouldn’t eat the other 353 days of the year. Glorious food.

    IMG_0874
    Foot-long hot dogs with grilled onions. Cheese curds, candy bars and Twinkies—all batter-dipped deep-fried. Fire roasted corn, caramel apple sundaes, bratwurst, wild game burgers, French fries, and Walleye cakes. Newcomers this year like chicken-fried bacon, fried pigs ears with lime chipotle glaze, deep-fried cheeseburger sliders, peach-glazed pork cheeks, Koren BBQ chicken tacos, and Corndog pizza.

    And then there is all the foods served on sticks. Pickle on a stick, pork chop on a stick, alligator on a stick, and the ever-popular spaghetti & meatballs on a stick. There is teriyaki ostrich, cheesecake, fresh fruit, chicken-chipotle pizza, and yes, camel meat--ALL on a stick!

    Oh, and then there’s the all-you-can-drink milk concession sponsored by the American Diary Association where over 20,000 gallons of milk are consumed each year by fair-goers.

    We are headed back to the fair again tonight with family and friends for one more gastronomic adventure and a chance to show our kids how to win games on the Midway! Or at least we'll try! :-) I think I'll try the chicken-fried bacon on a stick, mong others. And, yes, I already worked out for 90 minutes today in anticipation of the calorie fest!


    [Law Practice Advisor] Legal Productivity: The Blog, Not (Necessarily) The Thing  - August 31, 2010  12:16:00 PM
    This late August, Rocket Matter, purveyors of legal productivity software (or, “practice management software”, as we frequently refer to it here), launched a new blog, labeled, aptly (see, I wasn’t kidding): “Legal Productivity”.

    The Legal Productivity blog promises much and many good postings relative to law practice management, a subject dear, as you know, to mine own heart. The Legal Productivity blog does not replace Rocket Matter’s company blog, which will continue to feature product-related news and notes, it merely moves the law practice management conversation to another webspot. Rocket Matter’s Larry Port explains, in the transitional post at Rocket Matter’s original blog.

    Being the selfish beesting that I am, there’s obviously no way that I would ever promote the new Rocket Matter blog unless they did something for me first, right? (Aye, ‘tis true.) So, yes, I was granted what is the obvious honor of making the very first post at the new Legal Productivity blog, which post you can read here. (And, aside from the over-long picture of my massive cranium, I’d say it’s a well-rendered piece. (Yes, that's me patting myself on the back.))

    As Larry pointed out, this first posting makes me a little like The Buggles, with less crazy sunglasses, of the Legal Productivity blog. So, check out my post, if you have a moment, and then stayed tuned to the Legal Productivity blog, for forthcoming, more useful information on law practice management-related topics.


Last Update: Thursday, July 08, 2010
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