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Tripped on a pavement? What you can do to improve the chances of your claim succeeding
We receive lots of enquiries from people who have been injured after they have fallen over due to defects in publicly owned and/or maintained roads and pavements. Common injuries include fractured wrists, sprained ankles and knee injuries. We have also represented clients with head injuries, broken noses and hip fractures.
These claims are usually defended by local authorities so it is very important that the injured people or their family and friends make accurate measurements and take clear photographs of the pothole or other defect that caused their injury and also make a note of the addresses of the nearby properties as soon as possible after the accident. Mobile phones are very valuable tools for doing this.
Clearly that will not be the first thing on the mind of someone who has suffered an injury but we strongly advise them or someone on their behalf to do so quickly afterwards as it will greatly increase their chances of winning their claim.
You can view here our guide to documenting street defects. Downloading a copy and keeping it in a safe place may help you should you or someone you know suffer such an injury.
Accurate measurements and photographs prevent disputes with Councils about the depth and width of defects. If they are less than 1 inch/27mm in height, then many Courts will often (but not always) consider them not to be dangerous or actionable. If the client has taken photographs and made accurate measurements then it prevents later arguments about the size of the defect.
By way of example, one of our clients fell and was injured due to a large pothole in the middle of a backstreet in Sheffield. Four days later, and before the client had instructed me, the Council had filled the hole in and because no measurements or photos were taken (the client was naturally keen to go to hospital as soon as possible rather than go home for a ruler and his camera) the local authority denied that the pothole was as deep as the client said it was and has the advantage of evidence from the people who repaired it.
Obtaining the addresses of nearby properties, whether they are residential or commercial, is also very important. Councils often defend cases on the basis that their inspectors visited the street on a date before the accident and that the defect was not there at the time of the inspection. If they are correct, then the client will usually lose the case.
In numerous cases our experience is that if we obtain signed statements from witnesses who live or work near the defect as well as others who regularly use the road or pavement concerned who say that the defect did exist at the time of the inspection then the Council will admit liability and pay compensation. Knowing the addresses of the nearby properties helps us to obtain that evidence.
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How Do You Stay Secure with Cybersecurity
How do you stay secure with cybersecurity? This month, we asked our panelists to shed some light on their best cybersecurity practices.
Our Panelists
Steve Embry (SE), Dennis Kennedy (DK), Alexander Paykin (AP), and Greg Siskind (GS).
What tools do you use for identifying and protecting sensitive data?
DK: Fortunately, I’m not handling much sensitive data these days, other than my own. I do try to think carefully about whether the method I’m storing or transmitting data makes sense for that data. Being vigilant about whether I’m on an https site is also on my checklist. Otherwise, I focus on the basics—full disk encryption, strong non-reused passwords, and multi-factor authentication wherever possible. Several years ago, I heard the term “data hygiene” and it made a big impact on my thought processes around data protection.
AP: Encryption of hard drives, password protection on documents, and faxing (not e-faxing*) of truly secure documents. See my article on e-faxing and why unlike traditional faxes, which offer top of the line security, e-faxing (either when you e-fax out or when your recipient uses an e-fax service to receive) is inherently insecure and should be regarded just like unsecured emails.
GS: There are multiple protocols. We use Sharefile for encrypting our email and are mainly using cloud-based products for storing client data. Those products are certified GDPR-compliant. We regularly train our staff in identifying threats, particularly phishing.
What is one thing an attorney can do to reduce cyber data risk in their firm today?
SE: Make sure everyone in the firm, including attorneys, are trained to recognize phishing and spear phishing attacks. Missteps by people are still the leading cause of cyber attacks. Make sure people know security by obscurity is not an effective practice
DK: There are several “one things.” I might put requiring multi-factor authentication for any admin-level accounts at the top, but an aggressive password policy and keeping software updated would be other contenders. And don’t forget user training. Social engineering and “spear phishing” have done a tremendous amount of damage.
AP: Three things: 1) Stop e-faxing, 2) Encrypt all PDFs being emailed that contain sensitive info, and 3) Avoid discussing sensitive information in non-encrypted emails.
GS: We paid for an independent third party threat assessment which was a smart move. We trust our IT folks, but the independent audit has made our clients more confident that our house is in order.
Does your firm have currently have liability insurance and an incident response plan?
SE: Yes.
DK: I’m not in a firm, but, in addition to what others have mentioned, a robust backup process is an essential part of any security plan.
AP: Absolutely as to both! It would be malpractice not to…
GS: Yes, we have both in place.
What cyber threats keep you up at night?
SE: Again, it’s the human risk factor that is a big cause. It just takes one weak link, one misstep, and your whole system will go down. People that work in firms and especially lawyers don’t seem to want to threats seriously and/or take the time for training that’s critical.
DK: I worry about the cumulative impact of all of the poor security practices we see these days. My good security practices can be dramatically compromised by your poor practices. There’s a great notion called “herd immunity.” I like to think that my security practices help protect the whole herd from dangers.
AP: The court e-filing systems getting hacked is a nightmare scenario as far as I’m concerned. Just the other day, our e-filing system in New York went down for a few hours. It was terrifying to think what would happen if all of the submissions had been lost. Even just from a 24-hour period… (Always make sure you keep your confirmation emails and e-filing receipts, in case you later have to prove you field something timely.)
GS: One weak link employee who clicks on a malicious link in an email. The bad guys are getting more and more sophisticated when it comes to making the emails seem real.
How do you keep up with the latest cyber regulations, threats, and strategies for defending against attacks?
SE: I subscribe to the Advisen service which keeps pretty current. I also subscribe to a variety of feeds and try to read them every day.
DK: I’m not sure it’s possible to stay fully on top of everything these days. Bruce Schneier’s blog, Schneier on Security, has always been a great resource for me. There are some tech news and cybersecurity podcasts that do a good job of covering breaking issues. The tech news podcasts will probably help you the most unless cybersecurity is your focus or area of strength. Watching for updates and security warnings for the software and cloud services you use from the vendors is vital. Installing those updates is more important than ever these days.
AP: Attend all tech conferences I can fit in my schedule and constantly keep up with tech industry news. Do not wait for the latest security info to trickle down through legal industry publications and CLEs.
GS: I talk to the experts. We attend conferences on cybersecurity, read up on the subject, and consult with our IT team and our outside consultants.
The post How Do You Stay Secure with Cybersecurity appeared first on Law Technology Today.
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The Evolving Landscape of Law Firm Data Breach Preparation and Response
The threat of data breaches continues to grow, but only about 25% of firms have incident response plans in place — Is your firm prepared? In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to David Ries about the need for law firms to develop a quick and logical way to respond to a data breach. They explain the steps in creating an incident response plan and how to rehearse its execution. In the event of a breach, firms can use their plan to quickly eradicate threats and take corrective action. Hackers’ tactics are constantly evolving, but there are many resources to help lawyers keep pace with the threat.
David Ries is of counsel in the Pittsburgh, Pennsylvania, office of Clark Hill PLC, where his practice includes environmental, technology, and data protection law and litigation.
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Can a Small Startup Take on the Legal Research Goliaths?
A recent study comparing legal research platforms found that attorneys using Casetext’s artificial intelligence (A.I.) enhanced research, CARA A.I., finished their research 24.5% faster, required 4.4 times fewer searches to accomplish the same research task, and rated the cases they found 20.8% more relevant than those found on a legacy research tool.
For us, the study validated empirically what we’ve been hearing anecdotally since introducing CARA A.I. two years ago: researchers using artificial intelligence on Casetext have a serious edge over those using older approaches.
But the study raises a bigger question. For decades, two giant companies have dominated legal research. With results this stark, is it possible for us, a newer, smaller company taking a new approach, to credibly challenge the status quo—to play David to their Goliath?
We are a newer and smaller company taking on multibillion-dollar goliaths—how can we compete?
We get asked this question all the time. How can we possibly take on the goliaths in the industry?
We know we’re not one of the “big guys.” We haven’t been around since the 1860s. We’re smaller—by over 1,000 employees. You probably didn’t learn about us in law school.
Yet we believe that being smaller and younger is one of our strengths. When you’re smaller, you try harder—or else. We know we’re the underdog; David, going up against Goliath. We know we’ll be smashed if we don’t outdo, outwork, and outserve.
As a result, you’ll never feel like you’re using decades-old technology on Casetext. We can’t afford to offer anything but the cutting-edge.
That’s why we introduced CARA A.I. In the most recent comparison study referenced above, researchers using this technology are 24.5% faster, only needed an average of 1.5 searches to find relevant cases instead of 6.6 on the legacy provider, rated the cases found 20.8% more relevant. The vast majority of participants (75%) preferred the research experience using CARA A.I. over the researching on the legacy provider. The average attorney spends between 16% and 35% of their time doing research, so can expect to save 132 to 210 hours every year while finding dramatically better results. (Perhaps because these results were so stark, the legacy provider set its PR machinery into action to bury the study, only to make the story and intrigue around it even bigger.)
And because we’re newer, we know we must do as well or better as the other guys in functionality and content, including cases, statutes, and regulations. Fast, accurate search. Red flags on cases. Copy with a cite. Over 500,000 articles written by attorneys on every topic of law. Two-column PDFs. The key passages in cases highlighted for you. Briefs.
It’s nice not to work with a company that’s not a monopoly.
The other guys have had a near-monopoly for decades. High prices, complex contracts, NDAs, multi-year lock-ins, out-of-plan charges…
We’re the new guys, and we couldn’t do all that even if we wanted to (and we don’t want to).
On Casetext, our plan is transparent, all-inclusive, and at an unbeatable price—just $65 a month for an annual subscription, $89 for month-to-month. No exceptions, gotchas, exclusions, or out-of-plan fees.
We can’t hide behind an army of slick salespeople; the product needs to speak for itself. That’s why we have a free 14-day trial you can sign up for yourself online.
And we’re not a mega-company, so we get to do customer service right. Need training? You’ll get one from a Casetext specialist for free, and can book a time on our calendar whenever works best for you. Have a question? Start a chat on any page of the site. Have a request for a feature or to expand our content database? Let us impress you with how quickly we add it.
So, can David beat Goliath? You tell us.
Though we’re smaller and younger, we’ve been battle-tested by thousands of your forward-thinking peers. Over two dozen large firms like Quinn Emanuel, DLA Piper, O’Melveny & Myers, and many others in the AmLaw 100 are among our subscribers. So are more than 500 solo attorneys and small firms. So are federal and state judges.
But there’s no better way to find out than trying it yourself. Give it a spin with our 14-day free trial.
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TECHREPORT 2018: Solo and Small Firm
The Solo and Small Firm report is sponsored by Clio.
The annual ABA TECHREPORT combines data from the annual Legal Technology Survey Report with expert analysis, observations, and predictions from leaders in the legal technology field. For the first time, we are bringing TECHREPORT to Law Technology Today for you. Every Monday we’ll be posting a new report from one of our experts, so stay tuned!
In the American Bar Association’s Legal Technology Resource Center’s 2018 Legal Technology Survey Report volumes “Technology Basics & Security” and “Law Office Technology,” the light continues to shine on the intricacies of adoption and usage of technology in the modern law firm. 30% of the respondents to the 2018 Survey are sole practitioners and 29% are lawyers in firms with 2 to 9 attorneys. Almost half of the responses come from sole practitioners and small firm lawyers.
This article will explore findings for solo and small firms and highlight trends and information relating to small firms. As solo and small firms make up the largest demographic of US lawyers, both in general and by percentage of those surveyed, this article can be a reference when exploring the habits and technology usage among them compared to that of their colleagues in larger firms.
The full report contains much more demographic trend information on practice areas and fee structures in use by sole practitioners and small firms with 2 to 9 lawyers. One interesting statistic to follow is that of fixed fees; when looking to determine the state of the billable hour, solos have the highest percentage of fixed fees at 22%, with 2 to 9 attorney firms next at 15%. Despite this, 69% of firms responding continue to rely upon hourly billing methods. Direct technology conclusions may not be directly drawn, but it is a trend to consider when regarding future technology surveys.
Basic Technology
Among the respondents, Windows 10 was chosen over the Mac OS by most solo and small law firms. The number of users now using Windows 10 has grown from 46% in the past year to 59%. This growth is noteworthy, as Microsoft has enhanced its market share. Particularly, the Office 365 platform has shown maturity as an option for more and more law offices.
Apple’s Mac OS is not as widely used, but 14% of solos reported using Mac OS as their primary operating system and 9% of the firms with 2 to 9 lawyers did. 8% of all lawyer respondents are using Macs, and while this number is holding steady around where it has been over the last several years, the level of loyalty to the Apple brand continues to have a grip among some of the smaller law firms and solo lawyers.
Most firms are still using laptops for law-related tasks. 77% overall are using laptops, and in the small firm space responses were at 82% for solos and 73% for firms with 2 to 9 attorneys.
iPads are still the most popular device among tablet devices for the lawyers surveyed. 77% percent of the respondents naming their product’s brand chose the iPad as their tablet. Microsoft Surface products took second place among user respondents and were up to 22% from 18% in 2017. The rise in users of Surface tablet devices might be the result of more firms looking at the Microsoft brand. This would be consistent with the large number of Windows 10 users who might seek a tablet device utilizing that operating system.
Eighty-six percent of firms with 2 to 9 attorneys have a server available to them where only 48% of the solos responding have servers available. It will be interesting to see if this server availability divide shrinks as more cloud computing is adopted.
Remote access continues to grow in usage with 84% of respondents indicating it is available for their firm. This, along with the 99% of users who continue to find email available in their firms for communication, indicates that much of the legal work continues to happen in the digital age. E-mail has not changed by an increase or decrease over the last year. However, contact systems were in place at 77% for solos and 89% for lawyers in firms of 2 to 9 lawyers.
Document assembly availability remained steady at 44% for solos and 47% for firms of 2 to 9 attorneys, with the actual use of such programs at 34% and 30% respectively. Looking at these numbers, both the work in the digital world and the adoption of systems across office space continues slowly.
Web-based Services and Cloud Computing
Fifty-five percent of respondents say they have used cloud computing technology for work-related tasks. Usage is up by 2% overall since last year, and up 17% over the numbers for 2016. This trajectory has stabilized a bit versus the rapid growth between 2015 and 2016. Still, 59% of solos and 58% of lawyers in firms of 2 to 9 lawyers indicated they use cloud computing for legal work-related tasks. The cloud services named specifically in the survey include products for online document storage, file sharing, collaboration, and to a much lesser degree, practice management solutions. As the market continues to develop services to be consumed via the internet, it is likely this move toward the cloud will continue steadily.
Security precautions and measures undertaken by firms also remain stable, with only 13% of respondents saying they use no precautions for their data. Yet, the adoption of cloud computing has brought with it measures like reviews of privacy policies, regular local data backups, reviews of terms of service, ethics rules and opinions review, and advice from law firm peers.
The most cited benefits of using cloud computing for law-related tasks include easy browser access from anywhere and 24/7 availability. These benefits are cited by 68% and 59% of respondents respectively as most important, closely followed by the low-cost for cloud services at 48%; robust data backup and recovery at 46%; quick to get up and running at 40%; eliminating IT and software management requirements at 34%, and better security at 31%. Interestingly, only 8% indicated no benefit from cloud computing programs.
Sixty-three percent of respondents felt confidentiality and security were their biggest concerns. When compared the general consensus regarding perceived benefits, only two things were cited by more than 25% of respondents: confidentiality and security and the lack of control over data. Likewise, among those not using cloud-based services, these concerns were seen at 56% and 40% respectively as what has prevented them from adopting these solutions.
Only 10% of respondents indicated they would be replacing traditional software or services with the cloud-based alternative in the next 12 months. This percentage includes 5% of solos and 15% of lawyers in firms of 2 to 9 attorneys. These numbers are only up by 1% and 3% respectively over last year’s numbers.
Data Protection and Security
Thirty-three percent of the solos and 51.2% of those in firms of 2 to 9 attorneys said they had data retention policies in place. Regarding where lawyers back up their files, solos most often chose external hard drives. 58.1% of solos and 41.5% of those in firms with 2 to 9 attorneys use this method. Offsite storage is used by 18.5% of solos and 33.8% of lawyers in firms of 2 to 9 attorneys. Online backup is used by 38.5% of solos and 39.6% by those in firms with 2 to 9 attorneys.
When asked if they use any password management tool, 26.6% of solos and 22.9% of those in firms with 2 to 9 attorneys indicated that they did. Interestingly, 70.1% of solos and 63.2% of those in firms with 2 to 9 attorneys do not make use of this security measure. Perhaps the idea of this precaution being too cumbersome has some credibility among solos and those in smaller firms, even though 30.6% of solos and 47.7% of those in firms of 2 to 9 attorneys say they have been infected by a virus, spyware or malware.
Fourteen percent of solos and 24.2% of those in firms of 2 to 9 attorneys have experienced a breach, but no significant business disruption or loss was reported by 65.8% of the solos and 65.1% of those in firms of 2 to 9 attorneys. Perhaps this is why cybersecurity insurance is held by 26.6% of solos and 36.1% of those in firms of 2 to 9 attorneys.
Technology Budgeting and Education
Over 60% of the respondents say they are required under ethical competency rules to stay abreast of the benefits and risk of technology. This was true for both solos and those in firms of 2 to 9 attorneys.
For technology purchasing decisions, lawyers are most influenced by various informational sources, from print ads to CLE programs and peers. Solos are most influenced by consultants, with 32.7% saying they were very influential. In firms of 2 to 9 attorneys, 43% say they are most influenced by staff feedback. The next most influential source for solos were their peers, at 30.7%, and consultants at 41.8% for those in firms of 2 to 9 attorneys.
More than 39% of solos and 40.9% of those in firms of 2 to 9 attorneys found training on firm technology to be important. Despite these numbers continuing to hover around 40%, the growth in this area seems bleak because as surveyed, when lawyers need or want to learn about technology, they first search Google or another online source—solos would first search Google or another online source by 33.3% and those in firms of 2 to 9 attorneys look to Google or another source at 27.2% after first asking their IT staff first at 44.7%.
Conclusion
Even though legal technology continues to grow in products and services, and particularly in the area of viable cloud-based systems, the adoption rates still remain low. This seems to be the case again for solo and small firm lawyers, even though they are the ones most likely to be in a position to more freely and easily choose, learn, train, and use technology for law-related work. Future growth, while certain, is also likely to continue to happen at a relatively slow pace.
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More on Birthright Citizenship: Nonoriginalism Allows the Denial of Birthright Citizenship but Originalism Does Not
Advocates and opponents of birthright citizenship are stuck in a dilemma: originalism binds us to accept it, nonoriginalism offers room to deny it. from https://www.lawliberty.org/2018/11/05/more-on-birthright-citizenship-nonoriginalism-allows-the-denial-of-birthright-citizenship-but-originalism-does-not/
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Three Ways Lawyers Can Provide Better Client Service With Tech
According to the 2018 Legal Trends Report, what lawyers think their clients want doesn’t always line up with what clients actually want.
For example, 70% of consumers surveyed wanted to tell their lawyer about the details or facts of a situation in person, but but the majority of lawyers thought their clients preferred to do this over the phone or via email.
Taking a client-centered approach and meeting client expectations can help your firm stand out, but this doesn’t always mean simply aligning your firm to what clients say they want: Technology can bring plenty of benefits that your clients may not know about, and by introducing your clients to new technologies, you may improve their overall client experience. Per the Legal Trends Report:
“Clients may be the ones to set expectations for law firms, but lawyers are ultimately responsible for delivering on those expectations by finding solutions that are in the best interest of both the client and the firm. This may include educating clients on the benefits of new technologies—especially if they ensure better value and reduce wasted time for everyone.”
Here are three areas where lawyers can educate their clients on the benefits of new technologies to shift expectations, make operations more efficient, and create a better client experience.
1. Appointment scheduling: Use an online tool
59% of consumers surveyed for the Legal Trends Report preferred scheduling appointments over the phone, but this method is often more time consuming than clients may think. Leaving messages, remembering to follow-up, and taking calls at awkward times all adds up to a lot of unnecessary back and forth.
With self-scheduling tools, your firm can cut down on the time spent playing phone tag, and your clients can have a simpler experience scheduling appointments as well! For example, Jennifer Reynolds of Fresh Legal uses Acuity Scheduling during the client intake process to make it easy for potential clients to schedule their initial consults.
2. Document signing: Use e-signatures
When it comes to legal documents, 64% of consumers surveyed for the report said they’d prefer signing and viewing documents in person.
Of course, in some cases an in-person (or video) meeting may make more sense: Your client may have questions about their document, and may be looking for clarity or reassurance as to what everything means. However, it’s hard to believe that anyone would prefer taking time out of their workday to physically meet their lawyer to sign a document if they knew there was another option available.
With e-signatures, clients can simply click a link on their mobile phone or computer, draw or type in their signature, and click a button to submit the signed copy back to the firm. Plenty of tools, including DocuSign and RightSignature, will give your firm the ability to offer e-signatures, removing travel time and the time needed to set up meetings for both you and your clients.
3. Lawyer-client interactions: Meet over video
According to the Legal Trends Report, few clients say they’d prefer to interact with their lawyers over video, whether they’re talking about the legal aspects of their case, getting key updates, or something else.
However, depending on your practice area, meeting clients via Skype or Google Hangouts could be an efficient means of giving your clients face time while allowing you both to avoid time spent on transit or in traffic.
For example, Sound Immigration offers clients the option to meet via Skype or video conference if they can’t make it into the office.
By experimenting with new technologies and communicating the benefits of options like video meetings and self-scheduling tools to your clients, you’ll likely end up with happier clients and a more efficient law firm.
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How Do You Stay Secure with Cybersecurity
How do you stay secure with cybersecurity? This month, we asked our panelists to shed some light on their best cybersecurity practices.
Our Panelists
Steve Embry (SE), Dennis Kennedy (DK), Alexander Paykin (AP), and Greg Siskind (GS).
What tools do you use for identifying and protecting sensitive data?
DK: Fortunately, I’m not handling much sensitive data these days, other than my own. I do try to think carefully about whether the method I’m storing or transmitting data makes sense for that data. Being vigilant about whether I’m on an https site is also on my checklist. Otherwise, I focus on the basics—full disk encryption, strong non-reused passwords, and multi-factor authentication wherever possible. Several years ago, I heard the term “data hygiene” and it made a big impact on my thought processes around data protection.
AP: Encryption of hard drives, password protection on documents, and faxing (not e-faxing*) of truly secure documents. See my article on e-faxing and why unlike traditional faxes, which offer top of the line security, e-faxing (either when you e-fax out or when your recipient uses an e-fax service to receive) is inherently insecure and should be regarded just like unsecured emails.
GS: There are multiple protocols. We use Sharefile for encrypting our email and are mainly using cloud-based products for storing client data. Those products are certified GDPR-compliant. We regularly train our staff in identifying threats, particularly phishing.
What is one thing an attorney can do to reduce cyber data risk in their firm today?
SE: Make sure everyone in the firm, including attorneys, are trained to recognize phishing and spear phishing attacks. Missteps by people are still the leading cause of cyber attacks. Make sure people know security by obscurity is not an effective practice
DK: There are several “one things.” I might put requiring multi-factor authentication for any admin-level accounts at the top, but an aggressive password policy and keeping software updated would be other contenders. And don’t forget user training. Social engineering and “spear phishing” have done a tremendous amount of damage.
AP: Three things: 1) Stop e-faxing, 2) Encrypt all PDFs being emailed that contain sensitive info, and 3) Avoid discussing sensitive information in non-encrypted emails.
GS: We paid for an independent third party threat assessment which was a smart move. We trust our IT folks, but the independent audit has made our clients more confident that our house is in order.
Does your firm have currently have liability insurance and an incident response plan?
SE: Yes.
DK: I’m not in a firm, but, in addition to what others have mentioned, a robust backup process is an essential part of any security plan.
AP: Absolutely as to both! It would be malpractice not to…
GS: Yes, we have both in place.
What cyber threats keep you up at night?
SE: Again, it’s the human risk factor that is a big cause. It just takes one weak link, one misstep, and your whole system will go down. People that work in firms and especially lawyers don’t seem to want to threats seriously and/or take the time for training that’s critical.
DK: I worry about the cumulative impact of all of the poor security practices we see these days. My good security practices can be dramatically compromised by your poor practices. There’s a great notion called “herd immunity.” I like to think that my security practices help protect the whole herd from dangers.
AP: The court e-filing systems getting hacked is a nightmare scenario as far as I’m concerned. Just the other day, our e-filing system in New York went down for a few hours. It was terrifying to think what would happen if all of the submissions had been lost. Even just from a 24-hour period… (Always make sure you keep your confirmation emails and e-filing receipts, in case you later have to prove you field something timely.)
GS: One weak link employee who clicks on a malicious link in an email. The bad guys are getting more and more sophisticated when it comes to making the emails seem real.
How do you keep up with the latest cyber regulations, threats, and strategies for defending against attacks?
SE: I subscribe to the Advisen service which keeps pretty current. I also subscribe to a variety of feeds and try to read them every day.
DK: I’m not sure it’s possible to stay fully on top of everything these days. Bruce Schneier’s blog, Schneier on Security, has always been a great resource for me. There are some tech news and cybersecurity podcasts that do a good job of covering breaking issues. The tech news podcasts will probably help you the most unless cybersecurity is your focus or area of strength. Watching for updates and security warnings for the software and cloud services you use from the vendors is vital. Installing those updates is more important than ever these days.
AP: Attend all tech conferences I can fit in my schedule and constantly keep up with tech industry news. Do not wait for the latest security info to trickle down through legal industry publications and CLEs.
GS: I talk to the experts. We attend conferences on cybersecurity, read up on the subject, and consult with our IT team and our outside consultants.
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The Evolving Landscape of Law Firm Data Breach Preparation and Response
The threat of data breaches continues to grow, but only about 25% of firms have incident response plans in place — Is your firm prepared? In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to David Ries about the need for law firms to develop a quick and logical way to respond to a data breach. They explain the steps in creating an incident response plan and how to rehearse its execution. In the event of a breach, firms can use their plan to quickly eradicate threats and take corrective action. Hackers’ tactics are constantly evolving, but there are many resources to help lawyers keep pace with the threat.
David Ries is of counsel in the Pittsburgh, Pennsylvania, office of Clark Hill PLC, where his practice includes environmental, technology, and data protection law and litigation.
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Can a Small Startup Take on the Legal Research Goliaths?
A recent study comparing legal research platforms found that attorneys using Casetext’s artificial intelligence (A.I.) enhanced research, CARA A.I., finished their research 24.5% faster, required 4.4 times fewer searches to accomplish the same research task, and rated the cases they found 20.8% more relevant than those found on a legacy research tool.
For us, the study validated empirically what we’ve been hearing anecdotally since introducing CARA A.I. two years ago: researchers using artificial intelligence on Casetext have a serious edge over those using older approaches.
But the study raises a bigger question. For decades, two giant companies have dominated legal research. With results this stark, is it possible for us, a newer, smaller company taking a new approach, to credibly challenge the status quo—to play David to their Goliath?
We are a newer and smaller company taking on multibillion-dollar goliaths—how can we compete?
We get asked this question all the time. How can we possibly take on the goliaths in the industry?
We know we’re not one of the “big guys.” We haven’t been around since the 1860s. We’re smaller—by over 1,000 employees. You probably didn’t learn about us in law school.
Yet we believe that being smaller and younger is one of our strengths. When you’re smaller, you try harder—or else. We know we’re the underdog; David, going up against Goliath. We know we’ll be smashed if we don’t outdo, outwork, and outserve.
As a result, you’ll never feel like you’re using decades-old technology on Casetext. We can’t afford to offer anything but the cutting-edge.
That’s why we introduced CARA A.I. In the most recent comparison study referenced above, researchers using this technology are 24.5% faster, only needed an average of 1.5 searches to find relevant cases instead of 6.6 on the legacy provider, rated the cases found 20.8% more relevant. The vast majority of participants (75%) preferred the research experience using CARA A.I. over the researching on the legacy provider. The average attorney spends between 16% and 35% of their time doing research, so can expect to save 132 to 210 hours every year while finding dramatically better results. (Perhaps because these results were so stark, the legacy provider set its PR machinery into action to bury the study, only to make the story and intrigue around it even bigger.)
And because we’re newer, we know we must do as well or better as the other guys in functionality and content, including cases, statutes, and regulations. Fast, accurate search. Red flags on cases. Copy with a cite. Over 500,000 articles written by attorneys on every topic of law. Two-column PDFs. The key passages in cases highlighted for you. Briefs.
It’s nice not to work with a company that’s not a monopoly.
The other guys have had a near-monopoly for decades. High prices, complex contracts, NDAs, multi-year lock-ins, out-of-plan charges…
We’re the new guys, and we couldn’t do all that even if we wanted to (and we don’t want to).
On Casetext, our plan is transparent, all-inclusive, and at an unbeatable price—just $65 a month for an annual subscription, $89 for month-to-month. No exceptions, gotchas, exclusions, or out-of-plan fees.
We can’t hide behind an army of slick salespeople; the product needs to speak for itself. That’s why we have a free 14-day trial you can sign up for yourself online.
And we’re not a mega-company, so we get to do customer service right. Need training? You’ll get one from a Casetext specialist for free, and can book a time on our calendar whenever works best for you. Have a question? Start a chat on any page of the site. Have a request for a feature or to expand our content database? Let us impress you with how quickly we add it.
So, can David beat Goliath? You tell us.
Though we’re smaller and younger, we’ve been battle-tested by thousands of your forward-thinking peers. Over two dozen large firms like Quinn Emanuel, DLA Piper, O’Melveny & Myers, and many others in the AmLaw 100 are among our subscribers. So are more than 500 solo attorneys and small firms. So are federal and state judges.
But there’s no better way to find out than trying it yourself. Give it a spin with our 14-day free trial.
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