Is this article just for lawyers? Nope. If you use lawyers you might be thinking about these same issues, and asking the questions I pose below.

The Court amended Comment 8 to Rule 1.01 of the Texas Professional Rules of Disciplinary Conduct to read:

8. Because of the vital role of lawyers in the legal process, each lawyer should strive to become and remain proficient and competent in the practice of law, including the benefits and risks associated with relevant technology. (Emphasis added)

That competence may come hard for some lawyers. The “elder statesmen” group (of which I are one! :-)) and those in small or solo practices may face challenges in gaining and maintaining technology proficiency. Part of the problem is that the statement in Comment 8 is quite vague, and it was not helped much by the resolution from the State Bar of Texas Computer & Technology Section that suggested:

… [T]he practice of law is now inextricably intertwined with technology for the deliver of services, the docketing of legal processes, communications, and the storage and transfer of client information, including sensitive and confidential private information and other protected data.

Helps a lot, right? Where do you find help Some questions you should think about include:

1. Where is your client data stored? Hard drive in your office? Server maintained by Tommy the Tech Guy down the street? A little known “cloud” storage outfit (remember Elephant Drive?) or a cloud service for constant backups like Acronis or Carbonite?
2. Can you correspond with your client by email regarding confidential, or attorney-client privileged information?
3. Who in your office staff has access to sensitive information? Have they been thoroughly vetted?
4. Can you bill $500 for a simple Will when it takes your paralegal a mere 15 minutes to prepare it via Prodoc or TXdocs? Can you bill a component for use of technology?
5. Is your computer system protected against hacking?
6. Do you use appropriate software to enable you to be the most efficient in delivering client services?
7. Do you have a calendaring system that will remind you of critical dates? Is there redundancy in that system?
8. If you handle injury claims, what are you doing about HIPPA-protected information?

Certainly, that is not an exhaustive list but perhaps it will get the juices flowing in the brain.  What to do? Two sources you might tap:

1. The State Bar of Texas Computer & Technology Section is a good one to join. Here is their Facebook page.
2. And also try the Technology for Lawyers Facebook group.

The latter is a great place to toss out a question and get answers that don’t make you feel dumb. That’s a good thing.

It’s a new world, and it will continue to evolve rapidly. Good luck!