Check Out Our Website

A Law Practice Advisor for Massachusetts Lawyers

The Massachusetts Law Office Management Assistance Program makes itself available to help attorneys licensed in Massachusetts (or soon to be licensed) establish and institutionalize professional office practices and procedures to increase their ability to deliver high quality legal services, strengthen client relationships, and enhance their quality of life. For further information go to http://www.masslomap.org/.


Friday, March 27, 2009

MBA Legal Technology Expo Recap: Stay Connected

This being the one week anniversary of the Massachusetts Bar Association’s Legal Technology Expo, it seems a fitting enough time for a recap, it having had time enough to breathe now. (You can read the MBA’s official recap here; you can read my unofficial recap below.)

The MBA’s Legal Technology Expo was a three-quarters day conference that took place at the Sheraton Framingham on March 20. It was a tremendous success, and a testament to the hard work of the MBA staff, leadership and membership; the program was attended by over 150 people. The Tech Expo fell somewhere in the middle ground of an impressive run of legal technology expositions. I wrote about February’s LegalTech New York expo in this space previously; that was followed by the first-ever ABA TECHSHOW Road Show, held at the MBA, and from which I live-blogged (I still have to ice my fingertips three hours a night); and, the MBA’s Tech Expo will be followed by the granddaddy of them all: the ABA’s TECHSHOW 2009, held in Chicago from April 2 through 4--more on this later. The MBA’s Legal Technology Expo, the brainchild of the MBA’s Law Practice Management Section Council, co-chaired by whirling dervish Alan Klevan and LOMAP Director Rodney Dowell, featured heavy participation from LOMAP.

Rodney and Alan presented on the topics of how to go paperless and how to comply with the new personal information security regime set to go into effect on January 1, and determined by Massachusetts General Law Chapter 93H and the following regulations, 201 CMR 17. Jared presented on the topic of Outlook email tips, and joined a panel of presenters speaking about various subjects, including: internet marketing, voice dictation and the use of dual computer monitors. A full list of programming may be found here. In all, the Legal Tech Expo was a gathering spot for those 150+ attendees, 7 presenters and 18 vendors.

Now, if you’re not all teched-out at this point, and this sounds like a hell of a lot of fun to you, but you weren’t able to make the program, or you felt like you were overwhelmed when you were there, Fear Not! And, don’t be sad. It lives!

There remain a number of ways for you to access, and to continue to access, the MBA’s Legal Technology Expo. You can do so on your own time, and at your leisure. How convenient is that? Ain’t the internet grand? So you can now catch on, or catch up, as follows:

Access the Presentation Documents here.

Find the participating Vendor List here.

Review the Twitter Feed here.

Look for an Online Video of the “Compliance with the New Privacy Regulations” Session Coming Soon! Watch these spots for further details: http://www.massbar.org/, http://www.masslomap.org/, http://masslomap.blogspot.com/ and http://www.catuogno.cc/.

(We owe a big Thank You to Catuogno Court Reporting Services, the Expo Gold Sponsor, for providing videography services.)

Want more? We got more. Chicago might be your kind of town. There is still time to make arrangements for your attendance at the ABA’s TECHSHOW 2009 in Chicago. LOMAP is still offering a $100 discount on TECHSHOW registration fees. More information is available at the top of our website; and, the information will remain there until TECHSHOW begins, so it’s not too late yet . . . and won’t be for a few more days now. TECHSHOW may just blow away anything else you’ve seen.

Of course, there are not enough hours in the day, and not enough days in a life (unless you can time travel and shred like this guy) to use all of this technology. However, the only way you can determine which technology you would like to use, is to expose yourself to the options. The way to be efficient about your searching is to access the most possible options at one time. These sorts of shows provide you with a great opportunity to get into products and to ask the experts about those products, such that you can make the most informed decision possible about your technology profile.

Friday, March 20, 2009

Which Smartphone do you want?

iPhone, Google Android, Windows Mobile 6.5, BlackBerry or Palm? The market place for smartphones is changing quickly as the functionality provided by the various operating systems improves. For example, Apple just announced that it will release of iPhone 3.0 which will add a large number of features including data tethering (i.e., using your smartphone as a modem or aircard for your laptop) and universal search. While our old friend Palm is releasing the Palm Pre Phone soon with a touch screen making it similar to iPhone.

Given the existing options and the options facing us in the near future how should an attorney decide which smartphone to buy. The American Bar Association's ABA Site-tation suggests that the operating system and available software, rather than the phone, are becoming the key factors in determining whether a smartphone is useful, and points us towards a number of great web-sites providing comparisons of the smartphones and the operating systems. For a comparison of the five leading smartphone platforms (based on pre-release evaluations of iPhone 3.0 and Palm Pre) look at Gizmodo. For a one-on-one comparison between iPhone and Google Android look at Lifehacker and for iPhone versus Blackberry you can look at two articles in the ABA's Law Practice Today, iPhone v. Blackberry Storm: Blackberry Storm and iPhone v. Blackberry Storm: iPhone. I want to think the folks at ABA Site-tation for bring our attention to these excellent resources so you can make a smart decision on this critical piece of equipment.


Personally, I found of great interest the large number of additional features that are or will shortly be available in all of these operating systems. Moreover, in light of our concern in Massachusetts about compliance with M.G.L. c. 93H security requirements for personal information, I was particularly interested to see that Windows Mobile supports secure emails. The issue of encryption and email security on smartphones will become of major concern on January 1, 2010, and LOMAP will continue to explore these issues over the coming months.

Tuesday, March 10, 2009

How Do I Encrypt Electronic Files on My PC?

We have been given another reprieve; but, as of January 1, 2010, M.G.L. c. 93H and 201 CMR 17.00 will require Massachusetts attorneys to encrypt all confidential personal information stored on their portable electronic storage devices such as laptops, USB flash drives, USB hard drives, or DVD/CD. 2010 may seem a long way away; but, this effective date will be here before you know it. So, what information do you need to encrypt? And, how do you encrypt that information? You can find an explanation of what needs to be encrypted at our November 19, 2008 blog posting. The how-to-encrypt piece of the puzzle is more daunting. The simplest means of complying is NOT to put confidential personal information on a portable hardware device. Your primary questions should be: Why is this information on a device that is leaving the office? Do I really need real time access to this information outside of the office? Am I really going to be accessing the information in a private location?

Assuming you really need the information on a portable device, you can use either hardware or software solutions, or a combination of both. One hardware solution is the purchase and use of secure, encrypted hard drives, such as Iomega’s eGo Encrypt Portable Hard Drive, Lenovo ThinkPad USB Portable Secure Hard Drive, McAfee Encrypted USB Drives or the BUSlink RFID Key Encrypted External Hard Drive. These hard drives use various means of locking and unlocking the data, but all of the data on these devices is encrypted. Depending on the size of the hard drive you purchase, prices range from $122.00 to $400.00. If you need less storage capacity from your portable electronic storage devices, you can use encrypted USB flash drives. The crème de la crème in this category are the flash drives produced by IronKey ( 1GB for $79.00 to 8GB for $299.00). These devices are described as “self-defending mobile storage” that “employs ‘always-on’ encryption”. This device uses hardware encryption which, the company claims, cannot be disabled, prevents cold-boot or brute force attacks. The drive will also automatically erase all data after a predetermined number of failed attempts to open the device have occurred. As an additional safeguard, you can purchase the ability to remotely wipe data from a device that is in the hands of a person with the key. Kingston produces a number of encrypted flash drives, including the Data Traveler Vault-Privacy Edition which encrypts confidential information and enforces a complex password for entry. (2GB FOR $110.00 to 8GB for $308). Other manufacturers of encrypted USB flash drives include: SanDisk, CMS Products, and Edge Tech Corp. This is neither an inclusive group, nor an endorsement of any of these companies or their products. READ the reviews of the products which will often bring to your attention difficulties in using a particular products that you would not otherwise consider.

There are also a large number of software encryption programs. One of the leaders in the industry is PGP Corp. PGP provides multiple products, including for Macs. Its PGP Desktop Professional provides full disk encryption, email encryption, IM encryption (for some products), zip archives and a secure file shred for $219.00. The PGP Desktop Professional appears to be a good, full-featured product at a good price; in other words, it’s the sort of package that would likely fit the needs of most solo attorneys. PGP also features a $99.00 Desktop Home version, which handles email encryption, volume disk encryption, and AOL IM encryption, along with zip archives and secure file shredding. Other companies providing encryption software include: Encryptx Corporation, BitArmor, Symantec, McAfee, CyrptoForge. There are many free versions of open source encryption software available. These will allow you to create encrypted virtual drives or to encrypt entire hard drives or individual documents. The most well-known of the free services is TrueCrypt, which works with Windows Vista/XP, Mac OS X and Linux. Other free programs include: FreeOTFE, FREE CompuSec, Cypherix LE Free, and LockNote. These free programs use various encryption methods; allow you varying degrees of control of how much you can encrypt, and offer little or no support. Again, the programs listed here are neither endorsed by me, nor are they an exhaustive list of available programs. Again read the reviews from users. Several attorneys have complained to me about how difficult various software products are to use.

Words of caution are necessary: If you have never used encryption software before, proceed slowly. Read the fine print. Read the instructions. Backup the data. Make sure you know what your keys and passwords are before you encrypt your entire hard drive. It is great to protect the confidentiality of your information, but it is all useless if you cannot get at your information.

In the future, look out for my follow-up post on encryption of personal information transmitted across public networks, or transmitted wirelessly. In addition, I will be doing a post on using remote access and hosted web-based servers as alternatives methods of complying with encryption requirements.

Friday, March 6, 2009

Carded!: 10 Ways to Make Your Business Card Your Calling Card

Just because you’re an attorney, and you’re supposed to be staid and measured at all times, it doesn’t mean that you have to take pains to fit the stereotype, at least not all of the time. Do something creative to celebrate Dr. Seussbirthday: see if you can’t make your business card pop, or, at least, hop on pop.

Your business card’s probably black and white, right? That’s so Web 1.5. Alright, maybe you’ve splashed some color. Even so, I’d bet that your business card, while working well enough for you thank you very much, might not be working so well enough for your potential clients and referral sources; at the very least, I bet it could be working better. Think back to when you were creative, before law school beat it out of you . . . or, if you can’t think that far back, just talk to someone you know with an art or marketing background. In a market as tight as the one we are presently burdened with, it becomes the little things that separate out service providers. The uniquely professional presentation exemplified in your business card may be the difference between gaining a client, or taking an aspirin. The last thing you want is to have a cockamamie business card. Below are twenty ways to make sure that you never do:

1. Picture This. Put your photo on your business card. (Unless you look like this dude.) It’s not just for real estate agents anymore. And, it will create an immediate response on the part of the receiver of your card, who is unused to seeing an attorney’s photo on a business card. It will be the first thing that your contact will mention to you; and, they will mention it as they look back up at you, in order to affirm your look, thereby creating a second reference point. It is at this point that you will tell your contact that you’re not trying to sell their house, nor are you trying to sell them a vacuum cleaner. It’s a decent icebreaker; and, through the offering of your business card, you have created a first impression that will not soon be forgotten.

2. Technicolor. There is nothing more boring than a black and white business card. You might as well just move there. Add some bold colors to get noticed. You might think color may be prohibitively expensive; but, if you use digital print, you can save money over the application of specialty colors. And make sure to shop around for printers. There are deals to be had everywhere in this economy; you just need to do your due diligence, meaning you can’t settle.

3. Both Sides Now. You know, the business card does have a back. Yet, almost no one uses it. But, what if you did? You could get a lot more information on your card. And, if you point out to the folks that you hand your business card to that you have information on the back, they’ll take a look there; and, you won’t need to hope for their stumbling to find it, in a place they wouldn’t normally look. They’ll be impressed when they turn your card over, and they see something there. You’ll look damn clever.

4. It’s like a Little Paper Computer that Fits in Your Pocket! The prevalance of social networking is apparent to anyone accessing electricity at this point. Deviate from the traditional business card contact profile. Give your audience ways to find you online, so that they can access a little piece of you whenever they need to. In addition to phone, fax and email, include your website, your Blog, your Twitter account information, your LinkedIn page, your Facebook page, whatever you find most relevant. Be careful not too include so much that you clutter; but, do give a nifty sampling. Maybe throw this information on the back of the card. Merge your social networking and your personal, face-to-face networking. Integrate your professional image.

5. Don’t Miss Manners. Since we’re talking about the spillover of the world of social networking onto the printed paper, it will be wise to observe netiquette when creating the design of your business card. Keep in mind that the vast majority of people work on computers all day along, and are used to the norms established through the uses of those machines. So, when you’re designing your business card, don’t use ALL CAPS for your contact information. It’s loud and comes off as silent shouting. Use white space to enhance readability. Pay attention to your layout. Be certain before you send--Don’t sign off on a final proof until it is exactly the way you want it. Otherwise, you’ll be handing out that glaring mistake 1,000 times before you can fix it.

6. DVDo. If you’re one of these people who loves to have the newest gadgets, iPhone applications, Kindle version, what have you, do I have the gadget for you. Did you know that you could create a business card that is also a DVD? That’s right. But, “that’s crazy,” you say. Nay. A Google search for “dvd business cards” will yield just a shade under 43 million results. Volume purchases will reduce your price per unit, as with any purchasing endeavor. Although you don’t want to abandon paper business cards completely (the DVD cards would eat up scanners; plus, the fancier designs don’t fit well into the standard rolodex), and may only want to use the DVD business card in special circumstances, there is something to be said for being able to hand someone a business card that they can pop into their computer when they get home so that they can watch you deliver your elevator speech, or present your latest YouTube channel video posting. Who knows, they may even pass it along to their friends, as an example of something fairly fantastic that you can do to make your business card a living document. So, live a little.

7. From Blah-g to Blawg. As far as I know, there’s no rule that says that you are only allowed one business card; but, most people only have one. Why not have a separate business card, just for your Blawg. In addition to allowing you the freedom to try out some new, and perhaps unusual, card designs, it piques peoples’ curiosities, and will drive traffic to your Blawg. I cannot tell a lie, though; I stole this idea from Adobe’s Rick Borstein, who has a separate business card for his Blawg.

8. Go Lo. Need a logo design for your card? Wanna set your prices? Want lots of options? Try CrowdSPRING.com. At CrowdSPRING, you set the project parameters, and graphic designers will send along proposals, from which you will choose your new logo. If you’re on a budget, CrowdSPRING is a great way to get an eye-catching logo at the price you want. You’ll have full ownership of your chosen design, to boot. 99Designs also offers a similar service.

9. All Bent Out of Shape. If you’re pulling your business card out of your shirt pocket, along with some collected lint, a dime and a leaking pen, you can be noticed for better things. Don’t hand people worn, bent or otherwise disfigured business cards. It looks unprofessional. It informs the recipient, as well, that there are things that you just can’t take care of, perhaps their case or their referral. To save yourself from such embarrassment, and potential professional damage, buy a business card holder, which you can get cheaply. I keep mine tucked neatly behind my wallet. It never bothers me. Before I go anywhere, I will check to make sure that I have filled the holder to capacity. If you create the habit for yourself, you will never be caught short, and forced to tell an interested party, “Well, I don’t have any cards right now . . .”

10. Hanker for a Hunka Cheese? I know. You really love your dog. That’s cool. Your business card is not the place to share the fact. And, I know. You were really proud of that hole-in-one you hit a couple years back. It was great. All your friends were jealous. Your DVD business card is not where you drop the footage of the event. Resist the urge to be cheesy. (Lord knows I have trouble in that wise; perhaps that’s why I no longer practice.) Be bold in color choice and formatting and information inclusions. Don’t put a picture of a bear riding a unicycle on your card, no matter how cool it might seem at the time. Make a professional presentation in order to be treated as a professional person. Sell your service first. You can always show pictures of the kids later.

I had originally intended to do 20 Tips for business cards (Get it? “Carded” . . . Under 21); but, I ran out of ideas. Here are five more of someone else’s. Fifteen is as far as this goes.

And, I am certainly disappointed, as well, that my musical interlude quotient has been dangerously low in this post. So, please enjoy a pair of unlikely duos: Phil Collins ripping it up with Eric Clapton and Neil Young and Waylon Jennings slow rollin’ low, country-style.