ILTA’s 2020 Annual Legal Technology Survey

It’s out! In a year unlike any of the 30 previous annual surveys, the 2020 International Legal Technology Association’s (ILTA’s) Annual Survey breaks down the technology transformation afoot resulting from the ongoing pandemic. With insightful data-driven industry trends, this year’s ILTA survey highlights the rapid pivots, swerves, and shifts happening in the legal technology marketplace.

All of us are intimately familiar with the chaos that impacted law firms, employees, clients, and the courts that followed the initial shutdowns in March. What has resulted is a robust renewed interest in tech tools that enable work to continue to flow and ultimately solve client needs. So, which trends floated to the top of legal tech?

Zooming to its zenith, the video conferencing tool Zoom made huge waves. It was the clear favorite for law firms that sought to bring internal and external people together immediately and without much ado. While Zoom struggled with capacity issues and some serious security concerns initially, those fears were allayed over time.

What will be fascinating, of course, is next year’s statistics. Zoom could be a bridge to the video conferencing world, where Microsoft is king. The interoperability suite that Microsoft provides would seem to indicate that Zoom has indeed hit their peak in the legal marketplace. Couple that with industry leaders creating a secure legal ecosystem with the courts that integrates video, calendaring, docketing, and case information all under a strict security blanket, and Zoom might have challenges in the legal marketplace going forward.

ILTA

Another trend brought up in the ILTA survey — one which is cited year after year but was accelerated in 2020 — was cloud adoption. If you have ever been in or seen a server room, you will know its brrrrr affect. Not only do they have a cacophonic hum of a dozen beehives, but they are more frigid than a Minneapolis January morning. If a firm can jettison a good percentage of that infrastructure in favor of an arguably more secure cloud environment, which doesn’t require thermals, it’s a win. To that end, cloud embracing extends to nearly every part of the business, including MS Office, email, VoIP (hosted phones), DMS, case management, eDiscovery, etc.

ILTA

Turning toward specifics of the work from home phenomenon and its impact on the survey, there are several interesting points to raise. Antidotally, I knew several firms that during the height of the pandemic still had their support staff in their office, while others adopted technology. One area of adoption that boomed was Remote Online Notarization (RON); and having recently used RON myself, I was thoroughly impressed. The hoops I jumped through to prove my identity was far greater than the in-person model. To that end, it seems many firms leapt through the rings as well with DocVerify and E-Notary leading the market. Fully 21% of law firms were using these tools, an impressive embrace of tech over in personal interaction.

Another tech tool getting a pandemic push was mobile. Steadily increasing over the years, people embraced their iPad and mobile device much more this year, unsurprisingly. With a broader push by content producers, application developers, and kids, the world is rapidly moving to mobile first. Meaning that at some point, the expectation will be that most work could or should be done via a mobile device.

The next iteration of this will be to jettison laptops and grab ahold of a plug to connect mobile devices to larger screens. Samsung is experimenting with this now via DEX. This could see your mobile device becoming your computer, one-in-the-same. Short of that, you see legal tech applications increasingly built and optimized for mobile devices. This trend will likely continue.

ILTA

Another interesting trend spotted this year was the drop of “security” from the top concerns cited by law firms. While security has long stood atop that list of concerns, it was replaced this year by two doggedly difficult ones: “Change: Users’ acceptance of change” followed by “Change: Managing expectations (users and management)”. That seems to boil down to communication, action plans, stakeholder buy-in, and disseminating information in order to get people on board. An easy task, right?

What does the future hold?

In the coming years, here are three areas that I might expect the ILTA survey to cover in greater detail:

Legal platforms — We are on the cusp of a major movement across the legal landscape in which thousands of legal startups and their well-established brethren have hit critical mass. How can these disparate apps and services be integrated along with appropriate data controls? The hope is to have these applications meet their users on an agnostic legal platform, open to all parties and integrated across both the business and practice of law.

Office impact — With people working remotely for the better part of 18 months, does it make sense to still have an office, and if so, how big? Do satellite offices come into vogue now, and, if so, how does that look technologically?

Virtual reality – What seemed laughable five years ago will be thrust into the spotlight soon. While little discussed, Apple will likely have a VR headset called “Apple Glass” in the next 12 to 18 months. As the bellwether of mobile technology, this will create new avenues to digest, interact with, and expand on legal applications. Imagine Zooming away through an Apple Glass headset and interacting with your avatar clients as if they were in the room, or leading a jury through a crime scene via 360-degree recorded video. This is right around the corner, and my expectation is that you will see this listed on an upcoming ILTA survey soon.

Clearly this has been a year of transformation. Faster than in any of the last few decades, we saw law firms confronted with an existential threat turning quickly toward technology. With this pivot, I would surmise that the future of technology is LED bright within the legal industry, and it will continue to become more invaluable.

ILTA-ON goes on: Biggest legal tech conference of the year presses onward

Originally published on the Legal Executive Institute.

By Joseph Raczynski

In a year like no other, the most prominent legal technology conference recently wrapped their weeklong virtual event as the International Legal Technology Association (ILTA) morphed its annual ILTACON event into ILTA>ON.

After initially vacillating on a hybrid in-person and virtual event, before ILTA decided to go with a fully virtual event with more than 100 sessions and various virtual activities. According to the site, ILTA>ON (as it was known) had roughly 3,800 attendees and vendors compared to past years of around 5,000 — a very respectable haul given the circumstances.

As with the 12 other ILTA conferences in which I have partaken in the past, each day begins with a keynote speaker. One of the highlights from the daily keynotes was the first day presentation by Stephen Carver, a professor at Cranfield University in the U.K., titled Leadership Under Stress: Exploring Project Failure at NASA, which dissected the 1986 space shuttle Challenger disaster.

ILTA

Prof. Carver’s talk explored NASA’s failures in planning, procurement, leadership, and change management with the intent to help attendees apply the learning to law firm technology projects. “It’s all about a really small bunch of people not communicating and not learning from their mistakes,” Carver said, adding that sometimes from failure, you have to reimage the entire organization.

Another keynote highlight was provided by Jia Jiang, CEO and founder of Rejection Therapy, a social self-help game, who regaled participants with story after story of his own self-induced humiliation tests — done as experiments in 2012 — to overcome his own fear of rejection. His goal? To be rejected every day for 100 days.

Embarrassing examples included asking strangers on the street for $100 to see their reaction, requesting Krispy Kreme create him donuts in the shape and color of the Olympic rings, and asking a pilot at a rural airport if he could fly his plane, even though Jiang had no flying experience. His underlining theme — fear of rejection can hold you back. It is our natural tendency is to avoid rejection at all costs, which can be detrimental to our businesses, careers, and lives, he said. His goal was to teach the importance of becoming rejection-proof, the basic principles of turning a No into Yes, as well as how to get more Yes answers.

Lastly, another keynote speaker, Richard Punt, who leads legal strategy and market development at Thomson Reuters, offered his insights in a talk titled, After the Quake: Predictions for an Uncertain Legal Futurewhere he took the audience beyond the here and now to see what the future of the legal industry might look like.

Making a virtual event work

The monumental efforts of the ILTA community of volunteers fostered as close to an in-person event as possible. The numerous educational sessions were available via Zoom and ran the gamut from leadership, business development, company track updates, data science, knowledge management, legal services, legal operations, marketing, and finally finishing on the future of the legal tech space.

Intelligently sprinkled among sessions were activities and events facilitated in a networking fashion, with the Watercooler and Hallway as places to meet informally. People could simply jump into the Watercooler and connect with small groups, or one-on-ones via video. Often after a specific session, people were encouraged to meet with the speakers in the watercooler room. This compares to the often bum-rushing of speakers that occurs at typical live ILTACONs, post-session. Other events included wine tastings and comedy events.

Overall, the level of engagement and content delivered at ILTA>ON was impressive. Another highlight included a session that walked participants through how law firms can create workflow apps using a combination of web services and data to build a process on Microsoft Power Automate. In their example, participants learned how they could build a COVID-19 check-in app for firm employees. Another great set of sessions was on data science, unpacking internal data at firms and how it can be leveraged.

Finally, I had the privilege of being selected to report on how ILTA did on their Law Firm 2020 Predictions that were made seven years ago. With a Back to the Future movie theme in the background, I reviewed past predictions to see what came true and what industry sages got wrong with legal technology between 2013 and today. I also peered into the abyss of legal tech’s future over the next five years, before taking a 1.21 gigawatts ride and shooting into that future, focusing on technology in 2030, 2040, and into the Singularity.

It was a Great Scott! moment indeed.

LegalTech Report Card and Predictions 2020 to 2060 – ILTA Conference 2020

I had the privilege of being selected to report on how ILTA (International Legal Technology Association) did on their predictions from 2013 up to today, during their 2020 ILTA-ON Conference. Even more fun, predicting what technology and LegalTech will look like from 2020-2025, and then going out to 2060.

Remember back when we had ‘Law Firm 2020 predictions’? In the first part of my ILTA-ON presentation, we will go ‘Back to the Future’ reviewing past predictions to see what came true and what we got wrong. Then, we will blast into a journey of what LegalTech looks like in the next five years. Lastly, for those who get motion sickness, grab your Dramamine, because we will take a 1.21 gigawatts ride, shooting into the future. We will predict what the technological and legal landscape will look like in 2030, 2040, and into the Singularity! Great Scott!

Part 1 – Jump Ahead (9:17): Grading the Law Firm 2020 report from 2013: https://youtu.be/UgyDyBSJ3AA?t=558

Part 2 – Jump Ahead (22:55) Predictions for 2020-2025: https://youtu.be/UgyDyBSJ3AA?t=1377

Part 3 – Jump Ahead (40:17) Technology Predictions 2030, 2040, 2050, and 2060: https://youtu.be/UgyDyBSJ3AA?t=2419

Legal technology conference (r)evolution—the launch of Legal Geek North America

Originally published in Legal Insights Europe.

By Joseph Raczynski

Like the legal industry itself, legal technology conferences are transforming and Legal Geek is leading the change. These industry events are finally beginning to mirror the, more, customer centric start-up community perspective. Taking a step back, a decade ago the most renown and popular legal industry conferences in the US included International Legal Technology Association (ILTA), now ILTACON, and LegalTech now rebranded Legalweek. Both conferences have established a forum by ushering in a global audience for multi-day events centred on a mixture of vendor products and industry specific legal technology discussions. LegalWeek itself is a spectacle with hundreds of vendors vying for compact, tightly knit cubicals in a midtown New York City hotel in the middle of January. ILTACON, a mega conference, roams from city to city each year in late August with a five-day event in some of the largest hotels in the US. While the original intent was to educate, the creep of vendors and suppliers into the space may have watered down the primary mission. With the recent upheaval at ILTA and their executive leadership, one can almost sense the tug and pull of the shift in focus.

As all things evolve, hopefully, the next iteration of this evolution is the British Legal Technology Forum. This conference has mixed up the notion of what a legal conference looks and acts like. With an open mimosa bar in the morning bleeding into a beer fest for the rest of the day, this environment is starkly different than the traditional suit-clad legal technology events. In addition to the social-centric aspect of the one-day event, the British Legal Technology Forum has quicker sessions, sometime only 15 minutes enabling speakers to discuss a specific topic that is tight on scope. Vendor presence is strong at this event, but not as fully emmeshed in the fabric of the event sessions.

Legal Geek, the prime example of the conference revolution, originated in San Francisco in 2015, but gained favour in London—and so made it ‘home base’. This is the latest iteration of collaboration in the legal tech community. Over the last several years Legal Geek London has received rave reviews among legal technologists, consultants, investors, lawyers, and legal students alike. It has built a bit of a cult-like following. The founder, Jimmy Vestbirk, offers perspective on why Legal Geek has such fandom. The philosophy: come to make friends, not to sell; dress comfortably (please, please, no ties); come to learn and to teach; look after your fellow law-gends, you may need their help someday; and, this is your community, please pitch in and help. You will be rewarded. This elicits a mental shift of mindset for all who come to this legal technology event—from the typical conservative, staid legal conference approach—to the hip, cool, cutting-edge vibe of a grass-roots start-up company. There’s even promptings to ‘high-five’ your fellow delegates throughout the day.

Recently I attended the first Legal Geek North America in Brooklyn, New York. There was a buzz about this event weeks prior. Attendance reach over capacity with 450 people from around the world. A waiting list of dozens were reported—and understandable with an enterprising agenda of 60 presenters, from six different countries, speaking between 8-12 minutes each—and only three vendors present. The speaker line-up was geared to technologists and lawyers, from both private practice and in-house—on what legal technology is out there and why it matters.

This event had potential to be an earthquake event in the industry. The biggest difference at this conference, presenters are not supposed to talk about their products, at least until the very end of their 10-minute spiel. It was effective.

Highlights

Blockchain for non-disclosure agreements (NDAs): Jim Brock, CEO of TrustBot, is working on creating a tool that creates NDAs very quickly through a document automation system. Its primary goal is to solve for the problem for the user accepting the agreement. Anyone can adopt the agreement, then you share the URL. Each party is adopting the NDA prospectively—so that when you agree to it, anyone else who has already agreed to it is already set. You are accepting the ‘hash’ or the signature stored on a blockchain. This is all verifiable.

Access to Justice: Stevie Ghiassi, CEO of Legaler, is endeavoring to help legal services reach 1 billion people. Through the use of all of the latest buzz words—digital scarcity, smart contracts, programable value, internet of value, digital identity—Legaler is creating a blockchain operating system for legal services. One component of this is LegalAid—you can donate money to this fund using a blockchain and see who the money goes to using a smart contract. This enables the tracking of your donation and you can see how it impacts an individual’s life. Another aspect of the operating system is a Litigation Fund which pools people’s money together, raising money for a group of people who want to sue a mega company in a class action suit.

Distributed Law Firm: James M. Fisher II, Founder & Managing Partner of FisherBroyles, LLP has created the first distributed law firm in the world. It has just cracked the AmLaw 200. Their platform is based on compensation, people, location, and technology. They use smart contracts on a distributed network where all partners can see how everyone is billing, it’s automated and in the clear. Partners get 80 percent of all billable work for their clients. If you work with another partner, you receive 48 percent of the earnings. The cost savings comes from having no physical office space as every partner is geographically distributed as well. Their people join the programme from some of the biggest firms in the world with the attraction of no commutes, no overhead, increased professional growth potential, and an extremely diverse partnership. Lastly, their technology is a mix of both cutting edge and traditional tools to help their clients.   

Legal Geek North America, still in its infancy, is primed to shake up the legal technology community. The shortened sessions and its focus on the customers and not product is something to watch for the next several years. Likely the North American event will soon rival the mega-success of the Legal Geek Conference in London.

ILTACON 2016: When Will Blockchain and Smart Contracts Be Important in Legal?

By Joseph Raczynski

“Blockchain is Hot: More than $1.5 Billion has Been Invested in Blockchain in the Last 18 Months”

  • Tori Adams, Booz Allen Hamilton

 

NATIONAL HARBOR, Md. — If someone had told you in 1993 that the Web would be integral to your life today, would you have believed them? Well, the discussion around blockchain technology at ILTACON 2016 harkened back to that same scenario of the early ‘90s. This is a reboot, where another new technology will revolutionize the world.

Moderated by the esteemed Ron Friedmann, Partner at Fireman & Company, we were led down the path of what to expect with blockchain. Rohit Talwar, CEO of Fast Future Research, started us off with his futuristic vision on what we can expect over the next five years. Joe Dewey, Partner at Holland & Knight, who specializes in blockchain, discussed the law and smart contracts. Lastly, Tori Adams, a data scientist at Booz Allen Hamilton, illustrated her predictions on the reality of this technology in the near term.

Current Landscape

All major industries are looking toward blockchain — most pointedly, the financial sector. Talwar focused on one platform that is pushing this new space forward quickly — Ethereum — a pseudo-Bitcoin 2.0 that allows users to code on top of the blockchain. This can create huge advances in how the blockchain can interact with the world; utlizing smart contracts and digital identities, an even executing stock trades. In fact, Talwar stated that Goldman Sachs estimated a legal savings of $11 billion to $12 billion per year from streamlining clearing and settlement of cash and securities through such technology.

Near Future

The next significant phase developing now is the DAO (Decentralized Autonomous Organizations) which means that processes and companies are completely autonomous. This technology has the ability to disrupt a disrupter, e.g. Airbnb. Let’s say you visit a DAO-enabled travel site. The condo owner places an ad on the site to rent their place weekly. You choose their place in Miami, agree to the terms (date of check-in and -out, etc.) and agree to the fee and deposit (paid automatically). When you arrive at the condo to check-in, simply enter the password at the door through an Internet of Things (IoT) tech-enabled doorknob (check out Slock.it) and you gain access. That lock at the front door knows who you are and how much you paid, and it can also see your contract for the rental of the condo and knows when you are to be out. The DAO can do all of this with one employee running the entire operation.

Law Firms Start to Embrace Blockchain

Several law firms are starting to make a foray into this space. Recently Steptoe & Johnson began a multi-disciplinarian practice to help manage the blockchain for clients. They will also be accepting Bitcoin as payment. Most importantly, they co-founded the Blockchain Alliance6, a coalition of 25 blockchain companies and 25 regulatory and law enforcement agencies — including Interpol, Europol, the Securities and Exchange Commission (SEC) and the FBI — to educate enforcement agencies about digital currencies and blockchain technology. Other law firms including Holland & Knight see exponential growth of attorneys laboring in this discipline.

Smart Contracts

Holland & Knight’s Dewey said he believes the definition around smart contracts can be varied. For the purposes of this conversation, it is snippets of code that can change the ledger or a legal contract that is implemented on the blockchain. Of course, he outlined several benefits and challenges to this new innovation in the area of smart contracts:

Benefits:

  • Smart contracts are coded so there is less ambiguity than prose;
  • Verification can be achieved even within a trustless environment;
  • Self-executing; so once released, it is difficult to impede execution; and
  • Integrates well with IoT, artificial intelligence (AI) and machine learning.

Challenges:

  • Must balance transparency with privacy concerns;
  • Infrastructure needs to be updated;
  • Lack of experience with blockchain technology in IT departments;
  • Lack of education and understanding of the technology in other departments, including compliance;
  • Development of uniform standards and protocols; and (of course)
  • Need to overcoming custom and tradition (e., change is hard.)

So a real world example of how a smart contract was implemented can be seen in how Barclays did it with an interest rate swap prototype. Essentially, the investment bank set up an incubator of coders who worked with their legal department to understand how these swaps (trades) worked legally. They distilled three lines in the process that could be coded — (x) the amount of cash; (y) the interest rate; and (z) the currency. Once this information was garnered, the transaction could be solidified and then stored on a blockchain.

One of the most surprising revelations of the session came from Dewey when he stated: “Big news for attorneys, existing law — passed well before blockchain technology was contemplated —not only validates transactions, including the trading of credit interests accomplished through the use of the technology we are discussing, but as a matter of policy, strongly supports it.”

There is little question that this is an industry that will be growing rapidly over the next few years. Many firms are moving forward with practice areas and educating their attorneys on the technology to better position themselves for the coming wave.

Lastly, Dewey added some additional encouraging words surrounding the future of blockchain. In May, the State of Delaware — which is home to almost two-thirds of the Fortune 500 companies — announced a Blockchain Initiative so that corporate filings can be added to the ledger. “This is a clear sign that blockchain technology will have a significant impact on business,” he said.

ILTACON 2016 SESSION: NEW INTERNATIONAL STANDARD FOR CLOUD DUE DILIGENCE

By Joseph Raczynski

The cloud is becoming increasingly ubiquitous at law firms. In fact, a recent ABA Technology Survey stated that 46 percent of cloudless firms will be transitioning in the next 6-12 months. In the session on the “New International Standard for Cloud Due Diligence,” Gregg Brown, senior director Technical Strategy, Computer Standards at Microsoft, and Patrick Oot, partner at Shook, Hardy & Bacon, discussed the changes to the cloud over the last six years and what is coming down the road.

Small- and medium-sized firms have embraced the cloud, while the largest firms have been more reluctant, saddled with restraints placed by their clients – especially in the financial industry. That said, there now seems to be some loosening of the straps in that particular space.

Benefits of the cloud:

The duo argued multiple reasons for jumping to the cloud. First, firms can take advantage of the latest innovations, features and capabilities with updates released every month, compared to waiting years for internal upgrades to their current systems. In addition, the cloud offers greater agility – not having to retrain or rebuild as needs expand.

Oftentimes, clients require more capacity on short notice, which the cloud can easily accommodate. At a base level, the cloud is a fraction of the cost of on-premises solutions – though add-ons can sometime raise the price close to that of an in-house solution.

As more firms adopt BYOD (bring your own device), the cloud enables firms to meet workforce demands with a per-user license. But with BYOD comes another layer of security concern, which the cloud can more readily accommodate as most vendors will be up-to-date with regard to security patches.

As Brown also noted, another inherent benefit to cloud technology is access to analytics. With all of its data in the cloud, a firm can easily deploy search and analytics across all of its information/eDiscovery, compared to what one might have with an on-premises solution.

Risks in the cloud:

As firms move to the cloud, one of the most persistent risks associated with the technology is multitenancy, means that a software application may not work well as designed in the cloud with multiple users trying to gain simultaneous access to it.  And of course, with complexity tied to data transfer laws, particularly between the US and EU, firms should consider the challenges of data access and the courts, Oot noted.

New ISO Standard Impacting the cloud in 2016:

Brown also described that by the end of 2016, there will be a new “Cloud Service Level Agreement (SLA) Framework” – known as ISO/IEC 19086-1 – published, which will offer a set of considerations for cloud agreements. He noted this will be a boon for law firms as it will lay out a guidance standard verses the normal compliance standard. This should have a positive impact, although Brown cautioned that these guidance standards will raise key questions and require analysis and evaluation.

Reflecting on the session, Oot and Brown surmised that technology still has a few pessimists, but that the forecast is looking positive as more and more firms opt-in. With its waxing advantages and waning risks, it appears that greater cloud adoption is near.

As they concluded, Oot and Brown pointed out one last benefit of the cloud – terms of service from providers can now be negotiated, where previously this was not permitted.

Based on what they outlined, there is little question that fewer barriers remain to adopting the cloud.

Joseph Raczynski is manager, Technical Client Management, Thomson Reuters 

ILTACON 2016: Re-Imagining Legal Technology for the 21st Century

By Joseph Raczynski

“The story of disruption was just the first act of 21st century business, now begins the tale of total transformation.”

— Mike Walsh

NATIONAL HARBOR, Md. — So reverberated the words of Mike Walsh a Futurist/CEO of Tomorrow, across an audience of more than 3,000 legal professionals at ILTACON 2016, a four-day conference that centers on the intersection of technology and the legal industry.

Walsh gave the keynote on the opening day of the annual conference, and the lens he cast enlightened the onlookers to a futuristic view of our current world. He then bridged that technological vision to the 21st Century Legal realm and focused on several thought provoking questions.

Can you think like an 8-year-old?

The key to transformation is to be ahead of it. Through the optics of an eight-year-old we can view the direction that technology is shifting. They embrace mobile — why? Because parents have pacified their kids for years with iPads and mobile phones. Their learnings began on those platforms which became almost intuitive to them and will now dictate our future.

When will we be a truly data-driven world?

Now! The biggest social shifts are shaped by the data-driven world. Disney World offers the most advanced of data collection and use. Their MagicBands are linked to a credit card and function as a park entry pass as well as a room key. They know who you are, where you are, and increasingly know what you want — predictively. Food can be delivered to you without you ever specifying a location. All of this is using data and machine learning to better understand consumer, and thus human behavior.

disney

WeChat, an app primarily used in China, was also offered as a good example of where we are going. With this app, people in China can play games, pay for things and buy insurance — the whole time interacting with a bot that is constantly gathering data and learning. This is what we will begin to see in all businesses in the near future.

In preparation for his transition into a discussion around legal, Walsh offered another thought. The children of today will be the first generation to be raised partly by artificial intelligence (AI). If you think about the platforms that are prevalent now, kids are interacting with them increasingly — Alexa, Google and Siri. Law firms have to start thinking about how these eventual employees will work and interact with each other both inside and outside of the firm.

How will a 21st century law firm differ from a 20th century firm?

The world is now global. The largest corporations and law firms have back office and operations support overseas. As an example, Walsh talked about something he saw in India which illustrated where we are headed. An AI machine (physical computer) is situated alongside other staff in a cubical at an office center in India. It is fully embraced and accepted as a highly efficient employee — and continues to improve rapidly with its own productivity.

Speaking of actual human employees, recruiting people will transform, Walsh noted. The next generation of hiring future lawyers, and collaborating with clients should focus on rethinking how we hire. Offer a prospect a clean sheet of paper and ask them to come up with a solution to a problem. Another idea, after a month on the job, ask what processes the newbie might change based on what they are seeing.

int-about-mike

What kind of mental software are you new hires running?

Going forward, the operating system of a 21st century lawyer is as much about the culture as it is about the code. All firms will have to be agile, and firms will have to hire people that think that way. Everything around our traditional culture and space is changing. People will increasingly be working from other locations, so this concept has to be reimagined. Walsh’s suggestion was to think about the person you are hiring — are they energized by solving problems? Additionally, environments have to be reconsidered. How do you design an office for people that do not need one?

Lastly, are you leveraging all of your data?

Law firms are rife with all sorts of data. One question that Walsh suggested was worth posing is how are firms using that data? Increased productivity can be gained by applying analytics to the whole.

In closing, Walsh pleaded for the legal space to adjust their mindsets, how we see and use data, which people are hired, and what technological processes are in place. We need to think like an eight-year-old to see how the world will change and adapt now, he explained.

The data inside law firms has to be better leveraged and analyzed with new tools. When hiring, do so by unearthing agile people and creating more social workspaces. One of the best ways to do that is by rethinking your communities, picking some high-profile projects and challenging those new teams to experiment.

In conclusion, Walsh noted: “When preparing for this new future, embrace that the future means challenging everything we know to be true.”

Law Firm and Corporate Cybersecruity Presentation – UMB

By Joseph Raczynski

Recorded at the University of Maryland, Baltimore during the “Cybersecruity and You” morning session. Discussed is the current landscape of cybersecurity at law firms and corporations, the primary issues these organizations are finding and general awareness of what is happening.

LegalSEC: Shedding Light on the Dark Net 

By Joseph Raczynski

The importance of law firms understanding the dark web

Your very sensitive private client data could be available for all to see on the Internet right now.  Technically this data would be on the Dark Net or Dark Web.  It is the portion of the World Wide Web that is hidden or inaccessible from normal browsers.  As corporations and law firms grapple with larger and more profound attacks, I think it is important to be aware of how individuals access it and what occurs there to better safeguard your firm from what is happening now.  At the cybersecurity LegalSEC Summit last week in Baltimore, Kevin Lancaster CEO of Winvale, Todd Nielson, President at ‎Secuvant Cyber Security, and Will Nuland, Sr. Security Researcher at Dell SecureWorks, spoke about the nuances around the Dark Net.

The Dark Web, born from a United States government program had positive intent from the onset.  It created a cyberspace where people in disaffected regions could anonymously visit and share ideas freely.  North Koreans and Iranians use this to congregate and postulate new ways to live.  They could then visit this space in the ether and share ideas freely without the fear that they would be persecuted for espousing ideas incongruous with their government point of view.

How to get there:

The following is not advised, but is here as an awareness of how people access the Dark Web.

Mozilla Firefox has a plugin (Tor Project), a simple free application run by a nonprofit organization which turns your normal browser into a Tor Onion enabled browser.  What that means is that the plugin creates a tunneled Internet to a minimum of 100 other locations around the world.  You are essentially establishing a proxy connection to other computers who are running the same Tor software.  This establishes a very strong sense of anonymity and security that no one knows who you are or where you live (IP address).   If I live in Washington, DC after running the plugin I may show up as living in Prague, but first being routed through 99 other cities.

darkweb

Once the application is launched you would need to find an index page, like the Hidden Wiki, which gives users a general launching off point for perusing the Dark Web websites.  It is not a pure search and find environment like Google, though some sites are indexed.  Sites are not set up with URL structure like we have on the Open Web, http://www.thomsonreuters.com.  In fact they appear to be hashed with letters and numbers in a random pattern.  They also end in an .onion compared to the normal .com that we tend to see.  So an example address might be: ijfije856ya5lo.onion.

Once there:

Unfortunately, once a user passes into this realm, there is a minefield awaiting.  The Wiki page starts with the benign and dives headlong into the frightening and disturbing.  You can buy $10,000 of fake US dollars for the equivalent of $5,000 in Bitcoin, the currency of choice.  The cryptocurrency Bitcoin is also generally considered anonymous.   Other possibilities include, hiring a hacker, buying prescription drugs, and buying illegal drugs, and acquiring arms or if you so desired, get involved in unregulated medical trials.  On the darker side, you can even hire a hit man.

Law Firm Perspective on Dark Web:

The key important piece to this post is that law firms are now being brought into the dark side.  Criminals are stealing IP information, M&A information and dropping off onto the Dark Web.  Other groups are grabbing proprietary information or sensitive client information from law firm networks and saving it onto the Dark Net to either expose the firm, or to hold at ransom.  Hackers for hire have been used to target corporations and law firms.

One of the subjects that was asked of the panel, how should firms handle the Dark Web?   In my time consulting around this subject, I was curious about the response.  The group was split.  Some thought that companies should not use their own networks to access the environment, others stated that in a controlled access situation, they could monitor what is going on the Dark Web to protect their brand.  In fact, it was stated that nearly two million people a day visit, but most are monitoring what is happening.  Law firms and corporations should be looking for client names, login and passwords, email address of their respective company.

With the increase in cyber-attacks, all entities have to be aware of how the hackers operate.  Understanding the Dark Web in the context of this is part of the due diligence for any corporation or law firm today.  Fortunately a new wave of companies are surfacing which can monitor the Dark Net on behalf of your organization.

ILTA’s 2015 Annual Technology Survey Security Highlights

By Joseph Raczynski

Security weighs heavily on this year’s survey

It’s out!  The 2015 International Legal Technology Associations Annual Survey is stocked with insightful legal technology industry knowledge.  This is always an exciting time of the year for me as I get to compare and contrast the stories I heard during the year from law firm visits with ILTA’s survey results.  One dominant theme that prevails throughout the 2015 survey is change and security.  There is little question that many of the “new” ideas or concepts of several years ago have become the status quo and forced firms to adapt.  Sometimes the medium law firm space embraces these new ideas and concepts before Big Law, but more often that is reversed.  So what are some of the interesting trends this year?

top

Atop the trees and looking down, respondents focused on their Top 3 Technology Annoyances.  In order they are Security/Risk Management; Change Management and Expectations; and Change, User Acceptance of Change.  These three issues struck a chord for me.  Many with whom I spoke with throughout the year described these consistently as top pain points for the technology departments at law firms.

Security:

Staying with the security theme, Mobile Device Management (MDM), continues to grow in popularity with nearly 50% of respondents responding that they utilize it.  I assume in the coming years this will continue to rise.  Secure access points where users connect to the Internet are increasingly seen as important by law firms.  To this end, firms are creating policies forbidding users to connect to open WiFi at cafés or airports.  As a result this year Hot Spots or Mi-Fi devices have leapt in adoption with mobile phone hot spots up 20% on the current survey.

Encryption made wide gains across the board.  While there are many facets to encryption, each part of the survey referencing it, demonstrated significant gains over last year.  Specifically, each of the following jumped by a minimum of 10% over 2014; Laptop Hard Drive Encryption, Automatic Email Encryption, Removable Media Encryption, and Smartphone Encryption.

Intrusion Prevention Systems (IPS), Advanced Threat Detection, Data Loss Protection, Intrusion Detection Systems (IDS), are all on the rise across the various sizes of the organization.  One interesting tactic that I heard about several firms doing this year is Spear-Phishing their own users.  According to the survey this is on the rise and firms are indeed testing their own employees.  The goal is to educate and increase awareness with cybersecurity threats and how to avoid troubled waters.

Other Interesting Technology Trends:

  • The firm’s top management is viewing IT departments less as an expense, going from 44% last year to 39% of respondents this year.
  • Technology spending sees a mix between a slight increase 3% and staying the same up 3% respectively by respondents.
  • The two primary reasons for firms not moving to the Cloud; 44% Security and Cost 38%
  • Firms that have been through audits by a client in the last three years, 33% said yes and 67% no.
  • SharePoint is trending down slightly in adoption with 48% in 2015 versus 53% in 2011.
  • iOS dominates with Android second, but most surprising is that Windows Mobile dropped off considerably, down 13% from last year.
  • Additionally on the mobile front, support of one platform, i.e. OS or Android grew considerably last year up 11%
  • Office 2010 still reigns atop at 77% compared to Office 2007 at 12% and 2013 at 8%.
  • Desktop Operating System is dominated by Windows 7 (64-bit) at 73% followed by Windows 7 (32-bit) at 23% and far behind is Windows 8/8.1 at 3%.