Tips For A Paperless Law Practice In-person practice will resume, in some fashion, sooner or later. By then, counsel, clients and courtrooms will have taken serious steps to adapt to the new remote environment. Indeed, virtual connection, once a worst-case alternative to being in-person, may become necessary, if not the norm, for the continued practice of law in a post-COVID-19 landscape. M A S T E R I N G T H E T O O L S and applications
for remote document management takes time preparation, testing and live-fire practice is key
P L A N F O R T H I N G S T O G O W R O N G and
how to respond in each instance
I D E N T I F Y P O T E N T I A L I S S U E S ahead of
time, many can be avoided, mitigated or prepared for by way of contingency plans that can be set up in the event there is a platform failure
C O N F I R M T H AT T H E PA R T I E S H AV E T H E N E C E S S A R Y D E V I C E S . Test internet
access, audio, and video feeds and document sharing in advance, ideally at least two days before the deposition, hearing, closing, meeting, etc.
K N O W T H E C A PA B I L I T I E S A N D L I M I TAT I O N S of your virtual platforms and
how to use them.
CONSIDER CONDUCTING, IN A D VA N C E , A S I M U L AT I O N , e.g., a mock
virtual deposition, hearing or meeting, using the technology.
REVIEW ANY APPLICABLE LOCAL L AW . O B TA I N A P P L I C A B L E S T I P U L AT I O N S
from all counsel and parties. For example, with respect to a remote deposition, counsel from both sides ideally will stipulate that remote swearing in of the witness will suffice (to the extent that this is not already provided for by applicable rule)
C O N F I R M T H E N O N WA I V E R of privilege
and work product arising from any inadvertent sharing of privileged or work-product documents or communications
C O N F I R M N O N R E T E N T I O N of any
confidential documents by those not subject to a protective order
DETERMINE WHERE ALL OF THE AT T E N D E E S W I L L B E L O C AT E D , and
share contact information, including telephone numbers and email addresses, for each location, particularly where the event, e.g., a deposition, is subject to a transcribed recording, be very descriptive and identify documents specifically and, where applicable, by Bates number
(Source: https://www.law360.com/articles/1279494/best-practices-for-a-paperless-law-practice?nl_pk=a6b35884-cf73-47d0-ab2acb873eefbcd2&utm_source=newsletter&utm_medium=email&utm_campaign=special)
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MSBA RESEARCH: TRENDS IN THE LEGAL PROFESSION 2020
