Peer to Peer Magazine

September 2012

The quarterly publication of the International Legal Technology Association

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mobile devices. New attacks can destroy data or surreptitiously copy it to remote locations; some new attacks even copy GPS data from mobile phones so criminals can track end-users' locations. Through malware or rootkit attacks or through simple carelessness, confidential files on mobile devices can be lost or leaked. And, of course, devices themselves can be lost or stolen. Law firms must ensure that in the process of going mobile they have not created new avenues for data security breaches that could damage the firm's reputation, create new liabilities or compromise client-attorney privilege. IT organizations in law firms should make sure they understand the risks of mobile computing fully and deploy countermeasures that provide the control, security and flexibility that will keep attorneys productive and keep confidential data secure. Before exploring the challenges and solutions of mobile security, let's consider what's driving so many law firms to adopt mobile technology in the first place. By recognizing the benefits of mobile technology for attorneys, firms can plan more effectively for adoption in a safe, productive way. The Freedom of Mobility Law firms aren't the only businesses adopting mobile technology. In nearly every industry, workers are spending more time on the go and relying on smartphones and tablets instead of desktop computers. Three out of five American workers now say they can be as productive out of the office as in it. About a third of mobile workers use two or more mobile devices every day, switching between a smartphone and a laptop or a smartphone and a tablet as their needs change. According to "Mobile Workforce Trends: Productivity Knows No Bounds," over a quarter of mobile workers carry a tablet. The iPad, of course, is the most popular tablet, accounting for over 54 percent of tablet sales in the U.S., as reported by "iPad and Tablet Market Forecasts for 2012 and Beyond." Recognizing that employees are going to use these devices whether or not they are sanctioned, the 2011 "Good Technology State of BYOD Report" states that 72 percent of IT departments have now adopted bring-your-own- device (BYOD) policies, approving the use of consumer mobile devices in the workplace. As these numbers show, there's a revolution taking place in the way that business users access data, collaborate and communicate. It's not surprising that attorneys would join the large number of users taking advantage of mobile computing. New Mobile Apps for Attorneys Aside from the general trend of using mobile devices to increase business productivity, mobile computing increasingly offers attorneys tailor-made benefits for their daily work. New mobile apps are addressing specific areas of an attorney's job, such as jury selection. For example, an iPad app called JuryTracker makes it easy to record jury member reactions to specific pieces of evidence, and to collect and share notes about jury members throughout a trial. Another app, rulebook, makes court rule books available on mobile devices, sparing attorneys the trouble of carrying heavy bags of rule books to court. This app updates rules automatically when they are amended and allows attorneys to search for keywords and to write annotations. Other apps enable attorneys to create interactive briefs and to track time and expenses on the road. Paperless Workflows As the example of rulebook shows, mobile devices such as tablets don't just replace desktop computers; they replace paper, as well. Books, binders, brochures and even printed legal briefs are being replaced by PDFs and other electronic documents displayed on a colorful tablet that weighs less than a pound. Applications such as Adobe Acrobat and QuickOffice enable attorneys to work with PDFs and Microsoft Office documents anywhere, anytime. Some forward-thinking firms are now using iPads and other mobile devices to create paperless workflows in their offices. Mobile, paperless access is on its way to becoming the norm for the majority of data interactions. The result will be lots of PDFs and other files that need to be protected on mobile devices. It's clear that law firms have plenty of incentives for adopting mobile technology. How should they go about making sure that their mobile information is always secure? Balancing Freedom with Security As law firms adopt mobile devices, mobile apps and paperless workflows, data security must remain inviolate. There's more at stake than the reputation of the firm: Failure to protect confidential data from accidental or inadvertent exposure can compromise attorney-client privilege. The challenge for law firms is to accommodate user demands for convenient data access across devices while ensuring that confidential data are always secure. Securely Syncing Files Across Devices There's no point in having a mobile device if it doesn't have access to the information you need. A primary requirement of mobile computing is mobile file access, and that leads users to applications and services that synchronize (sync) files across computers and devices. To sync files automatically across devices, many attorneys are signing up for free file-sharing services, such as Dropbox. Consumer- class services like this don't meet the security requirements of law firms and businesses. They lack logging features, for example, leaving IT without any record of which files have been shared with whom. Services like Dropbox have also suffered embarrassing data breaches, such as accidentally disabling password-protection for files for a four-hour period. Peer to Peer 87

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