Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Trust Accounting in One Hour for Lawyers

© 2017 American Bar Association. All rights reserved.

Slaw readers can receive a 10% discount on purchase of this book. Use the discount code TAOH17 at checkout; this offer is valid from 1/26 – 4/26.

Sheila M. Blackford (@sheilablackford) is a Practice Management Advisor . . . [more]

Since its inception, the Cyberjustice Laboratory has studied every element and step of the legal process to see if and when technology could be used to facilitate, enhance, or even streamline procedures and, therefore, make the system more accessible and efficient. We are well aware that efficiency is often misconstrued as a “bad word” within the context of the legal system since (especially in criminal proceedings) cutting corners to speed up the process could have disastrous effects. However, managing resources and staff in a more efficient manner, while positively affecting delays, has little to do with the integrity of the . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.

Technology

Passwords – as Painless as Possible
Law Society of Saskatchewan Library

Passwords are a necessary evil if you use a computer and the Internet for almost anything these days. A typical user has to remember 19 passwords on average, and a whopping 80% of us use the same password for multiple online accounts. …

Research & Writing

Comma Conundrums
Neil Guthrie

The humble comma seems to baffle many. Space . . . [more]

People are inherently lazy. After all, why do something today that you can put off until tomorrow? Users hate to do anything that would slow down their access to their computer or data. That means they would much rather just sit at a keyboard and start to surf the Internet instead of entering logon credentials and then entering a second factor. How many times have you been tired of the constant password changes only to resort to using one you know you’ll remember and have previously used? Didn’t feel like creating a new account so passed on that online purchase? . . . [more]

An Ontario lawyer called LAWPRO inform us of what appears to be an email hack attempt (similar to what is described here) against his firm and one of his clients, with the goal of diverting closing funds from a transaction into a different bank account. An email to the client appeared to come from this lawyer, and a follow-up phone call was made to the client which displayed the lawyer’s firm number.

Below we have reproduced the steps of the incident and his response, with some edits to remove the firm and client information.

Here is the fraudulent email . . . [more]

[Sarit Mizrhi assisted in the preparation of this column.]

As discussed abundantly in previous posts, numerous court systems worldwide have begun harnessing the power of modern technology in general (and online dispute resolution (ODR) mechanisms in particular) due to the many benefits it stands to offer to the judiciary. Essentially, information and communications technologies have proven to enhance court performance in several manners, such as by reducing trial delays, increasing the efficiency of the judicial system and thus ultimately access to justice, as well as increasing the level of confidence that citizens have in the legal system. As is well . . . [more]

Recently, the Virginia State Bar Council voted to adopt changes to the Model Rules of Professional Conduct. The changes were based on the American Bar Association’s modifications to the Comments of Rule 1.1 respecting Competence (“…a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology…”) and Rule 1.6 respecting Confidentiality (“(c) A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.”)

What’s reasonable? The Comments go on to list relevant factors:

1. the sensitivity of

Like the local bank, your practice holds valuable information and money. Your computer systems may contain client information, trade secrets, and intellectual property. Your trust accounts have large sums of money. A cyber breach or trust account theft will harm your clients and potentially cripple your practice. Security guards, specialized safes, and sophisticated procedures protect the local bank. What safeguards have you put in place for your practice?

Perceived to be less sophisticated than banks and big companies, lawyers make easy targets for tech-savvy criminals. The payoff, which can include emptying trust accounts and taking advantage of confidential information, is . . . [more]

By now, most lawyers are familiar with phishing attacks. For those who are not, phishing is the attempt to acquire sensitive information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in an email. They take the form of a message, allegedly from your bank or an online retailer you deal with, that suggests your account has been compromised or that payment is overdue. Phishing scams are usually bulk emails sent to large numbers of people.

Even if only two or three per cent of recipients fall for them, hundreds or even thousands of people . . . [more]

The determination and energy of hackers knows no bounds. They show remarkable imagination and ingenuity in coming up with ever more devious ways to steal trust funds by duping lawyers.

As an example of this, we have recently seen several instances where a fraudster hacked into a client’s email with the intent to divert funds coming out of a lawyer’s trust account. After gaining access to the client’s email account, the hacker surreptitiously monitors emails going back and forth between the lawyer and the client.

At the opportune time, usually just before a real estate deal is closing or the . . . [more]

We should be grateful for other peoples’ data breaches – they help us to improve our own security. In our breach-a-day world, we seem to have more data breaches than ever. They come fast and furious – rare is the day when we don’t hear of one or more breaches on the evening news or through online media. Attack vectors change constantly – those of us in information security have a deep sense of humility in the face of constant changes in threats as well as technology, policies and training to defend against those threats.

Herewith, a few of the . . . [more]

Technology, mobile devices in particular, has reduced the need for lawyers to be in a specific physical location. Lawyers can do their work from home, at a client’s workplace, or while on vacation. This mobility does have its downside: a lawyer of my acquaintance claimed to have holidayed in North Korea simply because no-one would expect him to check his email there.

The ABA Legal Technology Resource Center’s 2014 survey found that 91% of lawyers used smartphones (with the majority using iPhones) and 49% used tablets (with the vast majority using iPads). While these lawyers were primarily using their mobile . . . [more]