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Confidentiality:
A Responsibility of Legal Staff
Which of the Following
Helps Maintain Confidentiality
A:
Making sure your friends
promise to keep a secret
before telling them about
a case.
B:
Positioning your computer
screen so it cannot be seen by
clients.
C:
Assuring an impatient client who has
been waiting in the reception area
that his attorney will have his divorce
papers ready when he goes in.
D:
Removing files from your desk once
work is completed.
Why is Confidentiality
   So Important?
Consider the Consequences
 Embarrassment
 Damage to the clients business
 Damage to the clients personal life
 Damage to the lawyers reputation
 Loss of trust
 Loss of future business
Who Pays the Price?
1. Lawyer or firm may be sued
2. Lawyer may be disciplined
3. Negligent employee may be fired




                it could be you
Follow the
No Exceptions Rule
He Said What!
Do You Take Work Home?
Talk on a Cell Phone?
Work Remotely?

+ Unencrypted
+ No firewalls
+ Unsecured WiFi
= Breach of Confidentiality
What Ifs?
1. The Clients Uncle Cletus
2. Special Agent Jones
3. Lawyer Smith
4. Aunt Sophie
Clean Reception Area
     Papers waiting to be
      signed
     Mail
     Faxes
     Unsecured files?
Clean Computer Screen
It is alleged Jones
was caught
sleeping with..
Clean Desk or Conference Room
Isnt Sharing a Good Thing?
E-Mail & Fax
1. Verify
2. Test fax or e-mail greeting
3. Slow down!
4. Engagement letter?
5. Understand auto-complete
6. Resist Reply to All
Metadata
Always Inspect
Copy Document First
Office Button
Prepare
Inspect Document
Invoke Warnings
Best Practices
Individual Documents in Acrobat
Document > Examine Document

All Documents In Acrobat
Edit > Preferences > Document > Examine Document
     When closing document
     When sending document by e-mail
Use Acrobat to Redact
Destruction

 Shred paper
 Wipe hard drives
  www.dban.com

 Properly dispose of electronics
  http://www.abanet.org/tech/ltrc/fyidocs/
Confidentiality Agreements


             Permanent Staff
             Temporary Staff
             Outside Vendors
Remember the Consequences
 Embarrassment
 Damage to the clients business
 Damage to the clients personal life
 Damage to the lawyers reputation
 Loss of trust
 Loss of future business
 And Always Practice
www.osbar.org
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www.osbplf.org
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 Beverly Michaelis - Practice Management Advisor
                          beverlym@osbplf.org
                http://www.linkedin.com/in/beverlymichaelis

                   503-639-6911 or 800-452-1639



                 http://twitter.com/OreLawPracMgmt

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Confidentiality: A Responsibility of Legal Staff