COVID Tech Changes Are Here To Stay

OPINION

COVID CHANGES HERE TO STAY

The Legal Tech Committee is focussed on moving along the discussion around the critical role of technology in the way we work and manage our client’s demands. Many of the changes necessitated by Covid-19 will be here to stay, but that won’t be the end of the story and further change will come thick and fast. In this article we highlight some of the more topical issues facing lawyers.

Mitigating Legal Technology Security Threats

The need to mitigate technology security threats within the legal sector was there long before the pandemic and will remain. But we will need to navigate these carefully as we all return to some form of normality.

Hybrid working is likely to be a permanent fixture for many and introduces new risks as data will now be accessed both at home and in the office. The need for a layered profile of security is now required no matter how or where legal work is conducted, the continuing acceleration in technology adoption demands that security that keeps pace.

Lawyers (still) love paper!

There are still going to be times when only paper will do, But what happens to redundant documents after the advice has been given poses an issue for remote/ hybrid working. You can’t be certain that documents destroyed at home are properly destroyed. And having lawyers carrying bin bags of client confidential documents into the office to shred, isn’t ideal. The only real solution is to drive on towards paperless working and that of course adds to demands on technology. Intuitive and innovative solutions such as virtual pens or online drawing tools sound like a solution, but also bring their own challenges (not least of all, cost) and whilst elements of the legal profession continue to rely on physical documents, we will continue to work in this semi paperless limbo. There is no immediate solution but we must start somewhere!

Convenience Vs. Security

As the pandemic-induced technological panic subsides, we need to move the focus firmly back to security, but not entirely at the expense of convenience of course!

People need new tools in order to complete work in the hybrid world of office and home working. Those tools need to be standardised to ensure everyone is working in the “right” way and so that as many security “gaps” can be filled as possible. Client communications demonstrate this clearly. The speed and ease of communication (Teams, Zoom, Instant messenger, WhatsApp etc) means that even the trusty email trail is falling by the wayside. A good thing to a point but it remains as critical as ever to make sure that there remains an accurate record

of client instructions. The old-fashioned attendance note is therefore likely to stay with us for some time, whether as a simple electronic document or an entry in a file management system.

Even with these challenges, we need to turn our minds to the possibilities presented by the need for collaborative communication. By sticking only with what we know we are missing out on the quickly evolving new tools the rest of the world are using – such as Slack and Sharing files via Teams. Provided that security risks are closed off as far as possible, there is nothing to say that lawyers should stick with “Legal Tech”.

Cyber security at home

Do your staff have a full grasp of their own responsibilities and potential liability for cyber security? Education is of course vital but having a list of approved technological tools and communication channels, backed up by robust policies and procedures, will go a long way to keeping your clients’ confidential information safe and your staff on the right track.

As a business, you still however need to have your eyes and ears open. You will the same workforce and number of employees to support (think “insider threat”), however they are mostly now at home rather than in the office. The message needs to be clear: cyber security is no less of a “thing” at home than it is in the office and everyone has a responsibility. There are also other issues to think about, not least risks arising from employees taking confidential waste into the office for it to be destroyed – will it even get there? Businesses will hope that individuals do the right thing if or when the time comes, but even if that is the case, we all make mistakes…

TOP TIPS FOR A TECHNOLOGICALLY BRIGHT FUTURE!

•Transparency, education and trust are vital components of a technologically “safe” future;

•Only by offering the “right” technological tools can you really maximise the prospects of staff working in the best, and not just the most convenient, way;

•Having a selection of communication tools at your disposal will leave your staff best placed to find a way of working which suits them and their clients. And having a selection is pointless unless you properly publicise to your fee earners what those options are.

•Instant communication is necessary and often unavoidable but doesn’t undermine the necessity of keeping a proper trail of discussions and instructions.

•When it comes to paper, adapt through short term pain for long term paperless gain!

•Weigh up the security risks alongside the benefits of using tech. Security is everyone’s responsibility, not just IT!

•Proper security requires peripheral vision. It encompasses everything from physical security of documents to staying alert for activities such phishing, but also the less well-known threats. Walls do have ears – is Alexa turned off?!