Law office tech, chs 3 & 4

how to avoid law firm website chats being UPL

Attorneys should make sure that websites and online chats are designed to avoid attorney-client relationships or UPL where they are not authorized or admitted to practice law. Additionally, they provide disclaimers with published material that it does not contain legal advice.

what is quick parts

Building block you create from frequently used text, such as a name, address, or slogan, and then save so that you can easily access them

what should email and internet userss be on the look out for?

Email and Internet users should always be suspicious of any message that ask for personal information. It is important to simply delete the email without clicking on any of the associated links inside the email. If you have genuine concerns, go to the actual website and sign in to see if you have fraud alerts. If you do not, you can ignore the phishing email you received.

are their ethical issused regarding technology?

Given the ABA's modification of competency and confidential rules regarding technology, lawyers now have a duty to gain technology experience in their law practice. Since documentation, advertising, communications, and court filings all have some aspect of technology tied to them, improper handling of matters in any of these areas could lead to ethics issues.

What is HTML

Hypertext Markup Language--the predominant language used to create web pages, which allows for the addition of many kinds of rich content such as images, tables, charts and more

automate repetitive emails with quick parts

If you find yourself responding repeatedly to often-asked questions, do not waste time by typing the text each time. Instead, use Quick Parts to save the text, and the next time you need to respond to the same question, just click on Quick Part and select the text you wish to use.

conflicts of interest

In law, representing one client that will directly and/or adversely affect the client's interest, the attorney, or another third party that is not a client.

create an outlook search folder

It is helpful to set up a virtual Search Folder for words or phrases commonly used. You can create your own Search Folder, or Outlook provides some templates for your use. For example, Outlook's template Unread Mail Search Folder shows you your unread mail in one folder, even if they are physically located in different folders in your email account. The messages are not "moved" to the Search Folder. The original messages remain in their original folders.

scheduling of appointments

Legal professionals will have a number of important appointments, such as client meetings, meetings with cocounsel, witness interviews, interoffice meetings, and more.

do PIMs have network based group scheduling capabilities

Most PIMs now have network-based group scheduling capabilities that enable users to share information (attorney to paralegal or paralegal to attorney or among cocounsel) related to scheduling and case management.

oepn multiple outlook windows

Multiple Outlook windows are helpful for emailing, scheduling, and tasks. Multiple windows allow you to see your email, calendar, and tasks at the same time instead of using the continually switching views.

are tasks placed into separate computer programs?

NO, outlook consolidates many different tasks into one computer program, including calendaring; things to do; a contact database that tracks names and addresses of clients, counsel, and judges; note taking; email; and other tasks. Outlook often comes bundled with the Microsoft Office suite of products, which is one reason it is commonly used.

Does email only contain plain text.

No, due to HTML (hypertext markup language)

Are email boxes intented to be a place to store client information?

No, in the past, lawyers would send a client a letter by mail and keep a copy for his or her file. Today, law firms have record management software to store electronice case informtion in a central networked environment that permits searching and other access

use of quick steps

On the Home tab of Outlook is a Quick Steps section, which provides one-click access to common actions. You can also create your own Quick Steps, such as marking selected email messages as read and having them automatically moved to a certain folder.

create and manage rules

Outlook Rules are useful in allowing you to set specific events to occur automatically based certain actions. For example, you can create a rule that will move messages with specific words in the subject line in the body of the email, or from a specific person to a particular folder and mark the messages as read at the same time.

create a signature

Outlook allows you to create a digital signature that will appear in the footer of every email you send. Signatures are fully customizable. You can control the font, color, size, and justification of your signature, and you can also create different kinds of signatures for different kinds of messages. You can decide whether you want to include a signature on replies and forwards, and you can include your law firm logo on each signature.

add groups

Outlook allows you to create and collaborate in Office 365 Groups. You simply invite people to join a group by sharing a URL through email. Groups offer a platform where you can discuss and collaborate on various topics.

choose the number of lines in the subject area

Outlook displays a preview of each message showing you a limited number of lines, including the sender, subject line, and one line from the body of the message. You can easily change the number of lines, giving yourself a better view of the topic involved.

time zone scheduling

Outlook has the ability to schedule meetings in multiple time zones. This is helpful for anyone who often has meetings with colleagues or clients in different time zones. This feature allows you to add a second and third time zone that you can label with a client name or branch name instead of the actual time zone name.

focused inbox

Outlook offers a Focused Inbox, which automatically sorts messages. The Focused Inbox is designed to keep email clutter at a minimum and to organize your inbox into two categories: "Focused and Other." Outlook then categorizes important messages into the Focused tab and the not-so-important messages, such as marketing messages, into the "Other" tab. Outlook prioritizes messages sent from people you have previously interacted with.

send an email at a future date

Outlook's Delayed Delivery feature allows you to write an email and send it at a later time. After writing an email or replying to one, you can click Delay Delivery and select the "Do Not Deliver Before" box to select a date and time for delivery. You might also use Delay Delivery to schedule an email reminder to clients the day before they are due in court. If you change your mind, you can easily turn the feature off.

read aloud

Outlooks Read Aloud feature reads text from a message out loud. This feature enables better accessibility for users and allows you to multitask.

How does phishing work?

Phishing is a user's hope of gaining personal information from a user, such as a Social Security number, passwords, bank account information, and more. Phishers send fraudulent emails impersonating legitimate senders and may ask you to confirm or reenter personal or confidential information because attempts have been made to access your account. They may also pose as a government agency alerting you to security issues. Often, phishers create exact replicas of real websites that look legitimate; however, anyone who follows links in such an email will end up at a false site where your information may be stolen and used for fraudulent purposes.

issues regarding AI

Recently, research and discovery have been compromised by an overreliance of systems to provide responses without proper review and oversight. In the end, attorneys, as well as their staff, must check the information to ensure proper details to avoid costly mistakes and disciplinary complaints.

what is competence

Rule 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

What is confidentiality?

Rule 1.6: A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, or the disclosure is impliedly authorized in order to carry out the representation or otherwise permitted by rules.

nonlawyer assistance responsibility

Rule 5.3: A requirement that lawyers having direct supervisory authority over nonlawyers make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.

unauthorized practice of law (UPL)

Rule 5.5: The practice of law by a person, typically a nonlawyer, not licensed or admitted to practice law in a given jurisdiction. This also applies to lawyers not admitted to practice in a particular jurisdiction as well as a disbarred or suspended lawyer.

@mentions

The @Mentions feature in Outlook allows you to tag people into your messages. Simply type the "@" symbol, and a drop-down list of contact names will appear for you to choose from. All recipients mentioned will also receive a copy of the message.

payment reminders

The Outlook Payment Reminders feature retrieves details from bills you receive in email. Outlook shows you a summary of the bill and adds a calendar event by due date. You can also set up a reminder before the due date to ensure that you make payments on time.

change your outlook account name

The default name for your Outlook account is your email address. If you have a number of Outlook email accounts, you can change the account name to a more descriptive one, such as a client's name or case name, making it faster to locate the account you are looking for.

what should firm's PIM have the ability to do

The firm's PIM should have the ability to share information easily with the firm's word processing program in order to eliminate the reentering of common case data for pleadings (such as captions or case numbers), correspondence (such as an inside address), and other legal materials.

use keyboard short cuts

There are many keyboard shortcuts associated with Outlook. Use can use Windows keyboard shortcuts for your most frequent Outlook actions, such as the following: -Compose new email: Ctrl + N -Send: Ctrl + Enter -Reply to sender: Ctrl + R -Delete: Ctrl + D -Flag for follow-up: Ctrl + Shift + G -Switch to mail: Ctrl + 1 -Switch to calendar: Ctrl + 2 -Switch to contacts: Ctrl + 3 -Switch to Tasks: Ctrl + 4 -Make a new appointment: Ctrl + Shift + A -Create a new contact: Ctrl + Shift + C -Start a new message: Ctrl + Shift + M -Send message: Alt + S -Reply to a message: Ctrl + R

clean up an outlook folder

To clean your inbox and improve space, it is helpful to use Outlook's Clean Up Folder command, which removes redundant messages in a thread or folder by sending them to the Deleted Folder by default.

drag and drop emails to creat a calendar entry

When an email contains a deadline or appointment, rather than create a new calendar entry and copy that information to it, drag and drop the email onto your calendar. That action will turn the email directly into a calendar entry, and the contents of the email will appear in the notes field of the calendar entry.

is outlook commonly used?

Yes, Outlook is the application most users have open on their computer more than any other program in the suite.

flag outgoing emails

You may wish to flag an outgoing email, which is useful when the response you need is time sensitive. Rather than count on the recipient to respond in a timely manner, attach a flag and reminder for yourself to follow up with the recipient.

pin emails to your inbox

You pin an email by clicking the Pin icon at the top of a message to keep it at the top of your inbox. If there is a message you know you need to handle ASAP, pin it to the top of your inbox so that when you come back to your Inbox later, you won't lose track of it among all the other email that has trickled into your inbox.

what is an encryption key?

a binary input to the encryption algorithm--typically a long string of bits used to scramble the file or message to render it unreadable

Rule 1.1 Competence

a lawyer must be competent to properly represent a client. . Competence does not mean that a lawyer is required to have special training or prior experience to handle a legal matter for clients, but it does require the lawyer obtain the necessary knowledge about the law of a particular area. This can be done through research and study.

what is docketing?

a legal-specific term referring to entering, organizing, tracking, and controlling appointments, deadlines, and due dates for a particular case

what is a digital signature?

a means of electronically signing a document with data that cannot be forged

what is a decoding key

a password or a data file that allows a message or document to be decrypted

what are system administrators?

a person in charge of managing and maintaining computer systems within a business or institution

what are network servers

a powerful, central computer with special software and equipment that enable it to function as the primary computer in the network

what is personal information management (PIM)

a system and software program utilized to acquire, organize, maintain, retrieve, and use information

What occurs when the sender runs the email through the encryption program?

an encryption ley is created that scrambles the file. the sender then sends the encrypted email to the recipient and separately transmits the decoding key, which is usually a password or a data file. while running the same encryption program, the recipient uses the decoding key to unscramble the message

how has AI helped the legal profession

assisted with the efficiency of discovery in litigation, particularly eDiscovery. Using these tools has many benefits but must be handled with tremendous care and oversight.

Why are emails a security risk?

because email passes through many network servers before it reaches its destination, it is subject to being read by system administrators, hackers, and others

firms must have a system for tracking up coming deadlines and do this by

calendaring the deadlines but also by creating reminder notes or ticklers in the calendar in advance of the deadline so that the deadline is not inadvertently missed. you calendar not only the deadlines by your attorney, but opposing counsel as well.

types of professional billing systems

clio, mycase, timesolv, smokeball, lawplay, zola suite, abacus law, and practice panther

a large case that is being litigated may require hundreds of entries into the docket system, such as the dates and deadlines for the following--

complaint, answer, motions, discovery, hearings, appeals, appellate briefs, statutes of limitation, trial court appearances, trial court briefs, judgment renewal

what is technological competency

covers a wide spectrum of work performed in a law practice. Consider, for example, maintaining paper documents. If your documents are on a computer (entirely electronic), will there be any requirement to keep backup hard copies? Communications are no longer just phone calls and letters mailed to clients and other parties. They include emails and attachments in electronic form. Attorneys and their staff, including paralegals, must ensure that client communications are confidential and preserve attorney-client privilege. Something as simple as an "auto-reply to all" by a staff member responding to emails could destroy privilege and expose confidential information, which in turn may lead to a malpractice claim against the attorney.

How are file folders typically created in outlook?

created for each client by name

as the use of email has increased, fax volume has ___

declined. email is convienent, effective, inexpensive, and accessible

what has email taken the place of when sending documents?

email has replaced fax as the preferred method for sending documents

what does email have the advantage of?

email is convienent, effective, inexpensive, and accessible; it has the advantage of the written word, which can be edited before sending. it is easy to save messages for future reference or share them with colleagues and coworkers for collaboration

how far does legal ethics extend?

extends to the legal team, including paralgeals, law clerks, and staff. the duties to protect lawyer-client relationship, advoicate for the client, and maintain professional conduct is set forth in rules that, if not followed, may result in disciplinary actions ranging from reprimands to disbarments

court dates and hearings

formal proceedings before the court

What are record retention policies?

general principles determining the length of time that records, in which data is stores, must be maintained in accordance with policies and law

email ettiquette and tips

help you write your email messages to your intended readers in an effective manner - be succinct and clear - be sure to mention the topic in the subject area - mark messages as urgent or ASAP only when absolutely necessary - signature files included at the end or each email should reflect your name, firm name, address, phone number, fax number, and email address - use spell check and review your email for errors - double check the spelling of all names in the email - be careful to treat email as a business correspondence. these are formal documents requiring formal language (do not use the letter "u" to subsitute "you") - do not address a recipient by his or her first name unless you aare sure it is appropriate to do so - do not use all caps=equivalent to shouting -be careful not to use reply all unless intended to do so - check email twice daily if not more often as time permits - do not use email to communicate with clients regarding sensitive information. for sensitive communications, it is better not to use email at all - double check email addresses of the intended recipients before sending - when possible, limit each email to one specific topic (for filing purposes) - password protect any word processing doc. you are attaching - when attaching a microsoft word doc, make sure to first scrub your doc. of any metadata

choose which folder displays first on outlooks launch

if you have multiple Outlook email accounts, you can select which email account inbox you want displayed first when you open Outlook.

what is workflows

include the tasks, activities, and responsibilities required to execute each step in a business process

What do legal organizations fo when they send clients emails?

indicate that what is being sent is confidential or privileged communication or documents

how does outlook help with the billing process?

it can simplify and automate the law firm's billing process when used in association with a professional billing system. these billing software programs can be integrated with outlook in order to obtain the stored PIM information for each client, such as the client billing number, client address, phone number, email, invoices, time sheets, expense reporting and more

What does encryption software do?

locks email so that it can be opened only by the intended recipient

factors to consider when using third party cloud storage services

many factors should be reviewed, including protected access, potential breach issues, licensing and user agreements, and cost.

What is email similar to?

more like a postcard than a sealed letter, so some legal organizations use encryption software to protect confidential email sent to others

are all PIMs the same?

no, each PIM varies, but all PIMs are generally designed to manage case or transaction information, calendaring, docketing, managing client information, tracking time and billing, email, and more

Is outlook the only kind of personal information management (PIM)

no, it is just one kind of personal information management tool used by law offices today. outlook is a generic PIM, but attorneys also have access to legal specific PIMs, such as Amicus Attorney, Time Matters, Lotus Organizer, LawBase, and more

are ethics and professionalism in law, the same?

no, they are distinctly different

Rule 1.6 Confidentiality

not only are electronic communications at issue, but access to online client files within the firm creates problems with confidentiality as well as potential conflicts. It is invaluable for the attorney and the staff to be familiar with methods to encrypt or protect access to avoid conflicts that could cause the attorney to be disqualified from client representation. Also, communications and information provided through a law firm's website have been the focus of much controversy, particularly in the area of unauthorized practice of law.

what does legal professionalism consider?

not only the lawyer's conduct but also the moral character and fitness of the lawyer with the legal profession . this will include everything from the lawyer's appearance to one's behavior, temperament, and demeanor

why are record retention policies in place?

so that email (and case records), subject to the firm's record retention rules, are destroyed at the proper time

what do the rules in general address?

the lawyer's responsibility to the profession and the public. they are written in such a way that certain rules are imperative, using the terms "shall" and "shall not" to impose disciplinary actions against a lawyer. other rules use the term "may," indicating permissive requierments that a lawyer should consider in order to maintain professionalism with the practice of law

what is legal ethics

the minimum standards of conduct required by an attorney in practicing law.

where are the rules and guidelines set forth?

the model rules of professional conduct of the american bar association (ABA)

what is legal professionalism

the proper morals and behavior one should exhibit in the representation of clients and the law profession; focuses on how lawyers should treat the profession and those involved with it

Model Rules of Professional Conduct

the rules developed by the american bar associationo to govern the conduct of lawyers in practicing law

How do record retention rules help firms?

they help firms manage the amount of storage the email system must continually use, help the email system retain speed of operation, and reduce liability for retaining records that are not needed but may contain information harmful to the legal organization or its clients

what is considered the unauthorized practice of law (UPL)?

times when lawyers delegate duties to nonlawyers or give legal advice outside a jurisdiction where they are not authorized to practice law

what is spam?

unsolicited mail; it is another concern for law firms. due to the proliferation of spam, many law firms have spam filters in place that limit the amount of spam that gets through to your inbox

when is a client a client?

when a client believes the attorney represents them

how are the rules categorized?

with a focus on the various relationships that may exist between the lawyer and the public whom they will represent or interact with while practicing law

do clients often demand email access to their lawyers and paralegals

yes

is security of email a concern for lawyers?

yes

Do states require lawyers to keep records of emails?

yes, many states require lawayers to not only keep a record of email communications but actually store a copy of the email and any attachments in the firm's record retention system

can outlook sync to mobile devices

yes, so that paralegals and attorneys can manage their appointments, scheduling, and to-do lists wherever they are located. For example, if during a court hearing the judge gives the attorneys the next hearing date, the attorneys can easily enter the date into Outlook on their phones, eliminating the need to write down the date and enter it once back at the office.

email tips

- Do not assume that because an email was sent, it has been read. Email relies on computer technology that occasionally fails or is delayed. - Be careful what you say in emails, as they can be forwarded to others. - Remember that email is not necessarily confidential. Email security can be breached in many ways, such as leaving confidential email open on your computer screen for others to read, leaving your office for lunch or break while logged into your email program, printing email that others can find at a network printer, or using a password such as "password" or names of family members that would be easy for others to guess.

special email features of outlook

- choose the number of lines in the subject area - choose which folder displays first on outlook's launch - create an outlook search folder - clean up an outlook folder - flag outgoing emails - pin emails to your inbox - automate repetitive emails with quick parts - drag and drop emails to create a calendar entry - send an email at a future date - use of quick steps - open multiple outlook windows - create and manage rules - change your outlook account name - focused inbox - read aloud - @mentions - time zone scheduling - add groups - create a signature - payment reminders - use keyboard short cuts

What types of additional folders are within the client's folder to help divide up the documents for ease in locating

- correspondence - emails - pleadings - contracts - workgroup ideas or discussions - billing

cloud-based storage issues

- protect data to avoid breaches in access to client info - security issues

how is the issue of security managed

- requiring clients to provide oral or written consent to having confidential information sent via email - adding a confidentiality statement at the end of an email message - using encryption software, or - simply not using email at all to send confidential information

what does Outlook's PIM provide lawyers with?

- the capabilities such as calendaring, billing and docket control, and more

Purpose of Outlook

- used for communications and personal information management (or PIM) by lawyers - outlook's email capabilities provide lawyers, clients, associates, paralegals, and secretaries with the ability to send electronic messages and computer files to each other and to save them into electronic file cabinets for later retrieval

different features are included in different software billing programs and may include the following--

-Outlook forms for time sheets and expense reports are easy to use, improving the accuracy of customer billing. These forms are linked to projects and tasks. Users can quickly and easily charge time against their assigned tasks or expenses against travel/lodging and other business expense categories. This simplifies reporting and minimizes the error potential inherent in paper or spreadsheet processes that require manual entry. -Review and approval workflows are automated, allowing the law firm to generate invoices for customers in a timely and consistent manner. -Reminders are automatically sent to ensure that employees report their billable hours consistently. -Automated approval routing delivers time sheets and expense reports directly to designated approvers via Outlook. -Audit trails and electronic signatures are stored for every time sheet, expense report, and invoice, creating a trail of responsibility for every item. -Reports are provided on the firm's billable activities, simplifying the generation of invoices for managing partners of the firm. -Invoices are stored in a client's folder, establishing an accessible invoice history.

attorney-client privilege

A rule of evidence requiring that communications between a client and their attorney be kept confidential unless the client consents to disclosure.

Rules 1.7-1.10 Conflict of Interest

Although most if not all conflicts involve the lawyer's previous or ongoing client representations, paralegals may create conflicts since they often work with different law firms and/or lawyers. The new law firm or lawyer may find that after hiring the paralegal, that a current or potential new client has litigation matters that the paralegal worked on at their previous employer. At this point, the new employer must determine if they can avoid a conflict by preventing the paralegal from working on the case file. If not, the new employer may be prevented from continued or future representation with the client. If the paralegal fails to disclose working on a case file that is adverse to a current or new client, the law firm or lawyer may be disqualified from representation.

what is Phishing

An attack that sends an email or displays a Web announcement that falsely claims to be from a legitimate enterprise in an attempt to trick the user into surrendering private information