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Ethics and the Smartphone
Mark Bassingthwaighte, Esq.
June 5, 2009
Smartphones are wonderful tools and all indications are that they will continue to take an ever more central role in the personal and professional lives of many. In short, they are becoming a pocket computer with Internet access and they come with all the benefits and risks inherent with that. Personally, I find this thought to be both exciting and a bit scary at the same time. Exciting due to all that one will be able to do as these tools continue to evolve and scary due to the consequences of losing one or having someone steal the data.
I can assure you that after raising five kids and traveling all over the country with a smartphone always within reach, I can attest to the headache factor of replacing a lost phone and rebuilding the data set. Trust me; we’ve dealt with this more than once or twice over the years. As attorneys using these devices, however, we must put the headache factor aside and remain cognizant of our ethical duties to preserve and maintain client confidences. The ramifications of losing a smartphone or having someone hack into it and steal data are more than just an inconvenience. If client confidences are ever negligently exposed, ethical and malpractice concerns may well arise. We all must take appropriate steps to safe guard client confidences and I do view this as ethically mandated.
Toward this end, I offer the following basic security tips. Please understand that the “how to’s” of these tips will vary depending upon what device you are using. Check your owner’s manual, speak with your IT consultant, or check with your cell service provider if you have specific questions or problems. That said, here are a few tips. Backup your data. Enable password protection at startup and review related settings. I would recommend that you have the device lock after a series of login attempts, perhaps ten tries, and set a security timeout so that after a period of inactivity the phone will automatically lock. Don’t save user names and passwords in your mobile device’s browser. If the phone is stolen and someone is able to unlock the device, they will have all of your passwords. Use a password keeper utility that will store and encrypt this data. Encrypt the smartphone’s data if your device has this capability. Enable Bluetooth only when you need to use it, otherwise keep it off. This will give you additional battery time and also help prevent Bluetooth-based attacks. Setting the “discoverable” Bluetooth setting to “no” will help with this as well. Learn to clear your device’s memory and/or your mobile browser’s memory and cache in order to delete sensitive data. If you regularly use your phone in public settings, you might want to attach a privacy screen so that those around you cannot view the screen as you work. Never allow someone else to use your phone outside of your sight as it is possible for someone to quickly steal your data by downloading it to a device built for this very purpose. Finally, never give the phone away, recycle it, or just toss it without wiping the data from the device.
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An Update on Lawyer Trust Account Scams
Mark Bassingthwaighte, Esq.
Note: In recent weeks, several more law firms have fallen prey to Internet scams that have resulted in quarter million dollar plus losses at each firm.
A Final Update on IOLTA Accounts and FDIC Insurance
Mark Bassingthwaighte, Esq.
For the past year, the FDIC has fully insured IOLTA accounts meaning that the increased per account coverage limit of $250,000 on general deposits didn’t apply to IOLTA accounts.
“The Phishing is Good” - So Now It’s Getting Ugly
Mark Bassngthwaighte, Esq.
The FBI just recently issued a warning to U.S.
Managing the Client File through the Current to Past Client Transition
Mark Bassingthwaighte, Esq.
In my early years as a risk manager, I was a bit surprised to learn that we do have claims reported where the defendant attorney or firm is unable to turn over the underlying file.
No Good Deed Goes Unpunished
Mark Bassingthwaighte, Esq.
As a risk consultant, I have had numerous opportunities to ask attorneys who have been sued for malpractice, “What did you learn from the experience?” One response that continues to come up has been, “There is a bit of truth in the old saying that no good deed goes unpunished.” While the stories behind such a response vary, there are common insights that I feel are worth passing along.
Your Newest Risk Management Resource
Mark Bassingthwaighte, Esq.
ALPS is proud to announce your newest risk management tool, Risk411 .
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