Are Smartphones Confidentiality Risks for Lawyers?

Jared Correia  of LOMAP posted some important factors attorneys should consider in response to a question he frequently gets: Should solos use a smartphone as their primary telephone? He pointed out a number of concerns that the lawyer should address, including the ability to “wipe” a lost or stolen phone, and Plan B for practical issues such as dead zones and dead batteries, for a mobile lawyer.

I would like to add another security issue that should be taken into account. All lawyers, including those who also have a regular land line at the office, should give some thought to this. More and more issues are surfacing about apps having unexpected access to data stored on or transmitted by smartphones. Today the Washington Post reported that “Sen. Chuck Schumer (D-N.Y.) has called on the FTC to investigate Apple and Google after reports that smartphone and tablet apps could pick up more data from consumer’s phones than they realize.”

Last fall HTC Android phones were reported to have security flaws that would expose access through some apps to email addresses, call logs, GPS information and other data on the smartphones. Gizmodo posted a video showing hidden spyware on Android and Apple smartphones that Read more

Post Date: March 7, 2012

Are Lawyers Acting Like Elderly Aunts?

A few months ago my 81 year old aunt asked me to help her with emails on her laptop. She had finally succumbed to years of pressure from family members to get a computer.  Now she could be included more in the family conversations and picture swapping. She could easily keep in touch with loved ones across the country.  But she still wasn’t using her laptop.

When I sat down with her, I discovered two main problems. First, she didn’t really understand some very basic concepts, like how the mouse worked. She had trouble remembering that she needed to point and click. Second, the interface was unfriendly to an elderly person. She couldn’t keep up with where the mouse pointed, and kept losing the cursor when it zipped across the screen. With a few adjustments, I slowed down the reactivity of her mouse and made the cursor bigger and bolder so her old eyes could keep up with it. Then I “co-piloted” with her as she sent some emails, gently reminding her what to do, until she had enough practice to fly on her own.

Now that her confusion has been reduced, she has taken an active interest in reading and sending emails. She’s progressing, but her emails still look like they were typed by a drunk. She has a long way to go to catch up.

Lawyers or Little Old Ladies

If lawyers in your firm keep resisting technology, soon they will be like my aunt… Read more

Post Date: February 23, 2012

Is Your Listening Tuned to the Right Station?

“There is no such thing as a worthless conversation, provided you know what to listen for.”
—James Nathan Miller, Author

Many people think effective communication is simply choosing the right words to say. I submit, however, that poor listening skills create the biggest barrier to good communication.

Effective communicators listen attentively, but even attentive listeners can go astray. If a radio is not finely tuned to the right station, the reception gets garbled. Similarly, to fully understand a speaker’s message, a listener must properly tune in to the purpose of the speaking.

By way of illustration, most of us have whined about a frustrating problem at some point. We often know what to do about our problem, but we want to complain first in the hope of garnering some sympathy. Our frustration increases when listeners respond with suggested solutions to the problem. That wasn’t the kind of listening we wanted.

Many listeners miscue about the appropriate kind of listening required because most of us have a preferred approach that we use until we understand that something else is needed. We need to switch listening approaches to fit various situations.

Research has identified the following five common approaches to listening. By understanding the purpose of different approaches, you can learn to adapt your preferred style to the type most appropriate for particular circumstances. Read more

Post Date: January 26, 2012

CLE – Just Ethics: “Leveraging Social Media in a Law Practice… and Ethical Obstacles to Avoid”

January 13, 2012
South Texas College of Law
Emilie Slohm Room
12:00pm – 1:00 pm

Leveraging Social Media in a Law Practice… and Ethical Obstacles to Avoid

Presented by Debra Bruce

Attorneys use social media for many purposes. Some uses, such as improving jury selection, investigating cases, and impeaching witnesses are designed to help the attorney with his/her litigation practice. Other uses, such as building client relationships, finding a job, and informing the public about issues result in more practice-related benefits. Finally, attorneys use social media to better serve their clients and simply to keep in touch with friends. In this interactive session of Just Ethics, Debra Bruce will alert attendees to what (and where) the ethical boundaries are before they overstep them.

Accredited for 1.0 hour of participatory credit, including 1.0 hour of legal ethics.

Post Date: January 12, 2012

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