Tips For A Paperless and Remote Law Practice

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.

MASTERING THE TOOLS and applications for remote document management takes time preparation, testing and live-fire practice is key

PLAN FOR THINGS TO GO WRONG and how to respond in each instance

IDENTIFY POTENTIAL ISSUES 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

CONFIRM THAT THE PARTIES HAVE THE NECESSARY DEVICES. Test internet access, audio, and video feeds and document sharing in advance, ideally at least two days before the deposition, hearing, closing, meeting, etc. LIMITATIONS of your virtual platforms and how to use them. ADVANCE, A SIMULATION, e.g., a mock virtual deposition, hearing or meeting, using the technology.

REVIEW ANY APPLICABLE LOCAL LAW.

OBTAIN APPLICABLE STIPULATIONS 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)

CONFIRM THE NONWAIVER of privilege and work product arising from any inadvertent sharing of privileged or work-product documents or communications

CONFIRM NONRETENTION of any confidential documents by those not subject to a

KNOW THE CAPABILITIES AND

CONSIDER CONDUCTING, IN protective order

DETERMINE WHERE ALL OF THE ATTENDEES WILL BE LOCATED, 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)