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Agenda
1. Best practices for mobile security
2. Using a mobile device in your law practice
3. Applying best practices to Clio for iPhone
4. Questions
Rise of Mobile Computing
•Computers now account for only 20.2% of computing device sales
•Tablets are 14.6%
•Expected to exceed computer sales in 2015
•Cellphones account for 65% of all device sales
Photo by emma.marie on Flickr under Creative Commons LicenseSource: Financial Times, “Tablet sales set to overtake PCs,” 09/12/2013
Source: International Data Corporation, “Tablet Shipments Forecast to Top Total PC Shipments in the Fourth Quarter of 2013 and Annually by 2015, According to IDC” 09/11/2013
Mobile Computing in Law Firms•88% of lawyers have access to a
smartphone
•77% of lawyers have used a smartphone for law-related tasks
•52% of lawyers have access to a tablet
•83% of firms allow personal mobile devices to access firm’s network
•25% of firms do not know if they have ever experienced a security breach
Photo by ABC Archive on Flickr under Creative Commons LicenseSource: 2013 ABA Legal Technology Survey Report
Risks of Mobile Computing
•Loss of Device
•1/3 of robberies involves the theft of a mobile phone
•142,708 smartphones were reported lost in 2011
•Accidental damage is 10 x more common than loss or theft
Photo by The Other Dan on Flickr under Creative Commons LicenseSources: NBC News, McAfee, & SquareTrade
Risks of Mobile Computing
•Device Confiscation
•U.S. Border Guards can seize & search devices with “reasonable suspicion” - United States v. Cotterman, 709 F.3d 952 (9th Cir., 2013)
•Police can search cell phones that lack password protection - R. v. Fearon, 2013 ONCA 106 (CanLII)
•Person has a high expectation of privacy in a cell phone's contents - Smallwood v. State (Fla., 2013)
Photo by Joseph Kranak on Flickr under Creative Commons License
Consequences
•Unauthorized access to client information
•Inability to act with diligence and promptness
Photo by Matt Hurst on Flickr under Creative Commons License
Security Procedures
•Password protect your device
•Back up your device regularly
•Register with device location services
•Store data in Cloud services
Syncing and Confidentiality
ABA Model Rule 1.6(c)A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
Comment 8 to ABA Model Rule 1.1To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.
Security Procedures
•Password protect your device
•Back up your device regularly
•Register with device location services
•Store data in Cloud services