Online Storage For Lawyers?
alharaka writes "I have a relative that has been a lawyer for over two decades. In passing conversation, he revealed to me that he has a great deal of his data stored on floppies. Naturally, as an IT guy, I lost it on him, telling him that a one-dimensional storage strategy of floppies was unacceptable. If he lost those files, his clients would be enraged. Since I do not know much about online data storage for lawyers, I read a few articles I found on Google. A lot of people appear to recommend CoreVault, since a few bar associations, including Oklahoma, officially endorsed them. That is not enough for me. Do any Slashdotters have info on this topic? Do you have any companies you would recommend for online data storage specifically for lawyers? My relative is a lawyer with recognition in NJ, NY, CA, and DC; are there any rules and regulations you know of regarding such online storage he must comply with? I know IT and not law. I am aware this is not a forum for legal advice, but do any IT professionals who work for law firms know about such rules and regulations?"
I firmly believe we should store lawyers online.
As a lawyer with recognition in NJ, NY, CA, and DC, are there any rules and regulations you know of regarding such online storage he must comply with?
Ahahahahaha, you are asking Slashdot for advice on legal rules and standards to assist a lawyer?
Look, you're probably going above and beyond what a normal lawyer did back in the day: throw a piece of paper in a filing cabinet in his office. Subject to fire and theft, sure, but I doubt the law has changed enough to make that illegal. CoreVault looks good, you can also visit each of the state bar association pages you listed and find things like NY State Bar Association offering a discount at VENYU for offsite data storage which is probably as close as you'll get to an endorsement. Have you thought about calling each state bar association office and asking them what they use/recommend?
My work here is dung.
Why online storage? Why not just copy everything to a couple USB drives and then backup off-site occasionally with DVDs? It's not like we're talking about a lot of storage, they're probably just text documents mostly, right?
Just because I can hook a shark from a boat, I do no offer to wrestle it in the water.
Come to think of it, I think we should store them in *actual* true crypts... ;-)
Scan the lawyers and shred the originals. You'll be very popular.
With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
a few bar associations, including Oklahoma, officially endorsed them.
I see.
That is not enough for me.
uh, huh.
Do any Slashdotters have info on this topic?
*head explodes*
THL phish sticks
I have used Mozy for several law offices, primarily because you can specify your own 256-bit AES encryption key. Not even Mozy has access to your data.
In California the bar association regulations require that a law firm takes "reasonable care" of client data. That's it. Kinda Scary.
Mozy (owned by EMC) has some sort of deal with the ABA to give members a discount, so I would take that to be somewhat of an endorsement for use by lawyers. I'm not affiliated with them in any way -- I just know about them because their booth was across from ours at the ABA TechShow.
Questions to ask, if you're sure that online is the right approach:
Will customers have access to their data when the service provider goes out of business? If so, how much delay will be involved? ("You can have your data when we get the server back from the repo man").
There may be some standard telling lawyers to use reasonable care when handling privileged information. If there is, then by today's standards I'd personally argue that reasonable implies encrypted.
Is deleted data really deleted? Does it live on in backups? Is it like Google, where ghosts of departed data linger in the cloud?
The only thing I can tell you about bar association standards is that at one time the ABA was telling people that email was acceptable for communicating privileged information. I hope they're doing better now.
if GoogleArchive (or whatever) gets a subpoena, can they (be required to) surrender your whole legal strategy to the prosecution?
As far as I understand it, attorney-client privilege is stronger than doctor-client privilege -- in fact, I'm not sure if there IS a stronger commitment our laws have to privacy and confidentiality.
If a lawyer is a ridiculous n00b and uploads unencrypted data about a client to an online service, my guess is that even though he was an idiot for doing such a thing, the court would still recognize that as being protected client data and would rule it inadmissible. I mean, it might show up as front page material if it leaks, but theoretically the court wouldn't take that information into consideration.
probably rather easy to move to .pdf (which I'd say would be the higher priority)
If all you have is images or hard copies of documents, then scan them to PDF, but if you have text files, I'd suggest storing both PDFs (to retain the precise markup) as well as text/wordperfect/OOo/whatever. It's difficult to do PDF editing and/or full-text searching across lots of docs (although I hear that FOSS tools to do both are getting better).
coding is life
Comment removed based on user account deletion
My main concern would be privacy. You start putting confidential client files on the internet, and if anything goes wrong you are looking at a malpractice suit for sure.
I tried to explain that to a local lawyer who wanted to use gmail (unencrypted, of course) for his practice's e-mail. I could never get him to understand that there was anything even remotely wrong with doing what he wanted to do. So now he's doing it.
Just as scary, none of his clients seem to think that it's a problem.
This is one of those times that I just want to bang my head on a wall and scream (to myself, since no one else seems to listen), "Why does no one else get it?"
And by talking to other lawyers here, their backup strategy generally seems to consist of... hope that they never have a fire (or, in some cases, hope that they never lose a hard drive).
Half of keeping copies of important documents is being able to retrieve them later on when you need them.
You seem to understand that, which is why you are trying to convince your relative to move his data to a more reliable storage medium.
The other half is in _not_ being able to retrieve them when it is inconvenient to do so. This is why there are floods, fires, mice, lost envelopes, poorly made photocopies and , in this case, corrupt old floppy disks. And as long as you have a storage system which is just barely good enough then you can lose anything you need to and nobody will even blink.
It's all about identifying the client's needs. Give them what they really need, not just what they ask for.
The average attorney salary is ~$60k per year. And that is with $300k+/yr equity partners pulling the average up.
I was in my 1st year of law school when I found out that I was making more as an engineer (BSEE) than most lawyers were making. (Fortunately, my company was paying for school & guaranteeing me a job upon graduation that involved a pay-grade jump every year for 4 years.)
The truth is, there are just too many lawyers.
Most of them can't find a job in a "real" law firm. So, instead they have to hang-up their own shingle and become sole practitioners.
Sole practitioners usually take DUI cases or other minor disputes, often for clients that decide they're unhappy with the outcome and refuse to pay.
Sole practitioners also get to be taxed on both halves of self-employment taxes, pay their own benefits and business insurance.
Good times.
Add on top of that law school is ~$100k, which most people take out loans for.
So, if you go to law school chances are high you'll graduate with the equivalent of a mortgage and no job.
It really doesn't make financial sense to get a law degree unless you have a lucrative specialty (e.g., patent or admiralty law), go to a cheap state school (e.g., ASU), or feel a moral duty akin to the priesthood.
And it would be smart to store the key/passphrase on paper in a safe, in case you get hit by a bus and your partner/assistant urgently needs a client's file. IANAL.
[Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
I have also used Mozy, specifically MozyPro, for my company, for more than a year.
I had a terrible experience with it, the client initially worked well, but is so badly written that as you get to multi-gigabyte volumes, the incremental scanning kills completely stalls the OS.
So: whatever you choose, test it for a while. And, most online storage services have encryption, including DriveHQ, which I switched to. Works fine so far (6 months).
Please give some good advice, which is to use the latest and best system, endorsed by important entities everywhere.
It is called "Wikileaks", and can be found using any search engine.
Prove anything by multiplying Huge Number times Tiny Number
...Spideroak.com
I currently use it for backups. Some of it's coding is OSS. you get 2Gb free storage (which should be enough for you to test out the system.
Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
There's no reason online can't be secure. Online means it's automatically offsite and that a 3rd party has the time and incentive to be sure it's actually working.
2 years ago I founded https://spideroak.com/ for this exact situation -- wanting a zero-knowledge approach to encryption. We explicitly don't know anything about your data. We just see boring sequentially numbered data blocks on the server. Instead of a EULA, we have a "remember your password" agreement.
You can combine data from unlimited devices and it de-duplicates, and can automatically sync folders for you. Storage is perpetual (unless you explicitly remove things.) FWIW, it's written in Python and we have always supported Linux.
There are many services out there, but Wikileaks is what lawyers should probably be using.
M
What you really need to keep your data secure is use a secure password like the one we use at my company -- 23$wu!x6 -- we've been using that password for a while now and never had any problems.
Where can I get a toilet seat designed specifically for lawyers?
I setup a backup system for a lawyer last year. Its basically a cron job that runs a script every night. It uses duplicity + gpg and stores everything on amazon s3. Its incredibly cheap. I store 6 months of revisions, with a full backup on the first weekend of every month, then incrementals after that. I perform regular restores and run a big md5sum job to ensure that the restores are working. I havent automated that stage of it yet, but so far so good. I'd be happy to send you the scripts if you want. PM me if youre interested.
The banks (I worked in) did it by storing half of a key in two safes, two different managers have access to their particular safe. Each is asked to enter their half of the key when it's required (get's them involved in the data's ownership too). No one actually knows the entire key.
It's a function of the role to have appropriate access. YMMV
My ism, it's full of beliefs.