Warren Binford, Willamette U. College of Law

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Presentation transcript:

CLINICS IN THE CLOUD: Digital Practice Management Software and the Law School Clinic Warren Binford, Willamette U. College of Law Jack i. Lerner, UC Irvine School of LAW AAlS Conference on clinical legal education Rancho mirage, ca MAY 6, 2015

What Is Digital Practice Management Software? Electronic case files Contacts Timekeeping and billing Secure (encrypted) emails & messaging Sample Providers: Clio Time Matters Amicus Attorney Clinics in the Cloud (Binford & Lerner)

Advantages Remote access Easier to store and preserve data Sustainability (“paperless office”) Bringing law practice in sync with today’s technologies Easy conflicts checks, billing, timekeeping Comprehensive recordkeeping Easy to track work done/drafts/time spent Clinics in the Cloud (Binford & Lerner)

Disadvantages Professional responsibility concerns Potential security issues (data breaches, leaks) Vulnerability to subpoena Training - time needed to “ramp up” individual users Disorganization due to inconsistent coding Time- and recordkeeping still dependent on individual users Nothing beats a real, well-organized file in your hand Clinics in the Cloud (Binford & Lerner)

Unique Challenges Facing Law School Clinics Frequent turnover Wide range of systems students use (phones, tablets, laptops, OS) Student participation and compliance Limited resources of clientele Obligation to model “best practices” Limited clinic resources Limited technology knowledge and fluency Clinics in the Cloud (Binford & Lerner)

Due Diligence Check with your state bar to see if you have ethical obligations to ask certain questions. Assess sensitivity of data, risk to data. Where will the data reside (determines jurisdiction of subpoenas)? What is the policy toward responding to subpoenas and other government demands? Clinics in the Cloud (Binford & Lerner)

Due Diligence (con’t) Who are the third-party vendors and hosting partners? Are they subject to same guarantees as primary vendor? Is data segregated or commingled? Are the specific machines where data is stored identifiable? What physical and other security protections are used to protect the security of data? Is data encrypted? Who controls the encryption keys and where do they reside? Clinics in the Cloud (Binford & Lerner)

Contract Negotiations Termination Protocol (30/60/90 days, etc.) Warranty Confidentiality Back Up and Archiving Indemnification Data Breach Protocol Clinics in the Cloud (Binford & Lerner)

Questions? Clinics in the Cloud (Binford & Lerner)