Confidentiality: Confidentiality: A Responsibility of Legal StaffA Responsibility of Legal Staff

Which of the FollowingWhich of the FollowingHelps Maintain Confidentiality Helps Maintain Confidentiality

A:

Making sure your friends promise to keep a secret before telling them about a case.

B:

Positioning your computer screen so it cannot be seen by clients.

C:

Assuring an impatient client who has been waiting in the reception area that his attorney will have his divorce papers ready when he goes in.

D:

Removing files from your desk once work is completed.

Why is Confidentiality Why is Confidentiality So Important?So Important?

• Embarrassment

• Damage to the client’s business

• Damage to the client’s personal life

• Damage to the lawyer’s reputation

• Loss of trust

• Loss of future business

Consider the Consequences…Consider the Consequences…

1. Lawyer or firm may be sued

2. Lawyer may be disciplined

3. Negligent employee may be fired

Who Pays the Price?Who Pays the Price?

… it could be you

Follow theFollow the “No Exceptions” Rule “No Exceptions” Rule

He Said What!He Said What!

Do You Take Work Home?Do You Take Work Home?

Talk on a Cell Phone?

Work Remotely?Work Remotely?

+ Unencrypted+ No firewalls + Unsecured WiFi = Breach of Confidentiality

What Ifs?What Ifs?

1. The Client’s Uncle Cletus

2. Special Agent Jones

3. Lawyer Smith

4. Aunt Sophie

• Papers waiting to be signed

• Mail

• Faxes

• Unsecured files?

Clean Reception AreaClean Reception Area

Clean Computer ScreenClean Computer Screen

It is alleged Jones was caught sleeping with..

Clean Desk or Conference RoomClean Desk or Conference Room

Isn’t Sharing a Good Thing?Isn’t Sharing a Good Thing?

E-Mail & FaxE-Mail & Fax1. Verify

2. Test fax or e-mail greeting

3. Slow down!

4. Engagement letter?

5. Understand auto-complete

6. Resist “Reply to All”

MetadataMetadata

AlwaysAlways InspectInspect

Copy Document First Office Button Prepare Inspect Document

Invoke WarningsInvoke Warnings

Best PracticesBest PracticesIndividual Documents in AcrobatDocument > Examine Document…

All Documents In AcrobatEdit > Preferences > Document > Examine Document

When closing document When sending document by e-mail

Use Acrobat to RedactUse Acrobat to Redact

1. Shred paper

2. Wipe hard drives www.dban.com

3. Properly dispose of electronics http://www.abanet.org/tech/ltrc/fyidocs/

DestructioDestructionn

Confidentiality AgreementsConfidentiality Agreements

Permanent Staff

Temporary Staff

Outside Vendors

• Embarrassment

• Damage to the client’s business

• Damage to the client’s personal life

• Damage to the lawyer’s reputation

• Loss of trust

• Loss of future business

Remember the Remember the Consequences…Consequences…

… … And Always PracticeAnd Always Practice

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