The Winning Case for Online Document Management

Presented by:Christopher T. Anderson, Esq.

Product ManagerLexisNexis Firm Manager®

Dan BarahonaVP Business Development

WatchDox

CLE CODE: 23277

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Christopher T. Anderson, Esq.Product Manager, LexisNexis Firm Manager®

The proud father of a six-year old boy, avid pilot, and lawyer:

Christopher is the Product Manager for LexisNexis Firm Manager®, a web-based practice management system that helps attorneys get and stay organized, serve their clients better, work more productively, at any time, from anywhere.

Mr. Anderson has authored several articles, and spoken to fellow attorneys on a wide range of topics, including law firm management, the ethics of cloud computing, the future of technology in law firms, etc. Mr. Anderson has presented to Legal Tech New York, ABA TECHSHOW, various State and Local Bar associations, National CLE conferences, etc.

Prior to working with LexisNexis, he was the managing partner of full-service law firm in Georgia. Mr. Anderson practiced in the fields of family law and business litigation, and nurtured his passion for bringing technology to bear to help lawyers work smarter, serve their clients better, and be more profitable.

Previously, he also served as an assistant district attorney in New York City, and in Georgia. Mr. Anderson was also Associate General Counsel and Director of Client Services for RealLegal, a legal software company.

He is a graduate of Cornell University, and received his Juris Doctorate from the University of Georgia School of Law in 1994. Christopher Anderson is admitted to practice in the federal and state courts of New York and Georgia.

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Dan BarahonaVP, Business Development, WatchDox, Inc.

Dan leads business development for WatchDox and is responsible for the company’s strategic partnerships and driving new market opportunities.

WatchDox is

Before joining WatchDox, Dan was Vice President of Business Development at ArcSight, where he led the company’s technology alliances and partner ecosystem, as well as ArcSight’s integration into HP after its acquisition. Prior to ArcSight, Dan joined Sensage as one of its first 10 employees and drove the company’s transformation into the information security space. As the Vice President of Business Development, Dan led Sensage’s strategic alliances, completing OEM relationships with HP and Cerner, and partnerships with EMC, McAfee and SAP. Dan holds a B.S. degree in Engineering from the Rensselaer Polytechnic Institute, a Master of Engineering degree from Cornell University, and an MBA from the University of Michigan.

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Clinging to the Past

Resources:http://www.chubb.com/businesses/csi/chubb4629.pdfhttp://www.americanbar.org/groups/professional_responsibility/services/ethicsearch/materials_on_client_file_retention.htmlhttp://www2.nycbar.org/Publications/reports/show_html_new.php?rid=794

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Model Rule of Professional Conduct 1.16: Terminating RepresentationUpon termination of representation, a lawyer shall [surrender] papers and property to which the client is entitled… The lawyer may retain papers relating to the client to the extent permitted by other law.

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What Defines Digital Documents?

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Evolving Customer Expectations

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Cloud Storage:Is It Safe?

Model Rule of Professional Conduct 1.15: Safekeeping PropertyA lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. ... [P]roperty shall be identified as such and appropriately safeguarded. Complete records of [the] property shall be kept by the lawyer and shall be preserved for a period of [five years] after termination of the representation.

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Model Rule of Professional Conduct 1.6: Confidentiality of Information(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent…

(c)  A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

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Data Protection

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Ensuring Your Online Data is Properly Protected

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Data Ownership

Questions to ask:

•What are your contract terms/conditions?•Policies on Government requests?•Data return procedures?•What happens when you cancel?•How are third parties vetted?•Use of my data internally?•Is any anonymized information used?

Above all, your confidential client data belongs to your client.

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− BRAND X will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software

− BRAND X: If you add a file to your [Brand X] that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate

− BRAND Y: When you upload … content to our Services, you give Brand Y (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works … communicate, publish, publicly perform, publicly display and distribute such content.

− BRAND Y: Your domain administrator may be able to … access or retain information stored as part of your account [and]restrict your ability to delete or edit information… or privacy settings.

Data Ownership

Actual Terms and Conditions from (non-legal focused) Cloud Vendors…

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Digital Rights Management

What is it? Why should I care?

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Retrieval: Structured vs. Unstructured Data

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Transmitting Information

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Watchdox: Secure File Sharing and Mobile Productivity

Secure “Dropbox”

Mobile Productivity

Secure File Sharing

Document Control

Track and Revoke

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Questions

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Sources

A Lawyer’s Guide to Records Management Issues, Chubb Insurancehttp://www.chubb.com/businesses/csi/chubb4629.pdf (Overall guideto Records Management Issues)

Materials On Client File Retention, American Bar Associationhttp://www.americanbar.org/groups/professional_responsibility/services/ethicsearch/materials_on_client_file_retention.html

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS, Formal Opinion 2008-1:A LAWYER’S ETHICAL OBLIGATIONS TO RETAIN AND TO PROVIDE A CLIENT WITH ELECTRONIC DOCUMENTS RELATING TO A REPRESENTATIONhttp://www2.nycbar.org/Publications/reports/show_html_new.php?rid=794

For Your Reference and Reading Pleasure

The Winning Case for Online Document Management

Presented by:Christopher T. Anderson, Esq.

Product ManagerLexisNexis Firm Manager®

Dan BarahonaVP Business Development

WatchDox

Thank You!

CLE CODES: 2327743411