Musingz
Monday, June 5, 2017
Sample Documents
The attached documents are presented as examples of my work; none of the individuals or facts presented herein are real. The same were created in accordance with a Legal Procedures class, pursuant to the fictional facts provided by the professor.
Sunday, August 21, 2016
Inadvertent Learning
In a study of American Workers conducted by the Pew Research Center in the Fall of 2015 and published in March of this year concerning employee's motives for advanced education and training- researchers found
that “63% of full- and part-time workers say they have taken steps in the past
12 months to upgrade their skills and knowledge.” (Rainie) . Motivations for taking
courses and participating in training ranged from a desire to learn, maintain
or improve job skills; pursuit of raises or promotions; advancement to other
positions, or with other employers; licensure or certification requirement; all
the way to concerns over potential downsizing.
While the study addresses focused and determined learning, i.e., a formally-packaged
curriculum, created either by companies, or educational institutions- it did
not address circumstances where workers gain knowledge, or at least enhance
their knowledge, through unintended and indirect means. What I speak of here
are those instances where- in speaking with a co-worker, a customer, or a vendor interaction- the worker gains insight into a company’s policies,
processes, strategy, or programs then uses that same kernel of knowledge to
produce even greater results within a company.
For example, as a contractor and sometimes temporary worker,
I am called upon to cover positions in a number of varied industries; most
recently at a professional association here in the city. And although I have 5
years of experience as a paralegal along with 2 years of formal education in
paralegal studies- I am far from mastering the subject. Consequently that when clients
call in asking for assistance, I often utilize a number of different resources to assist them and in
so doing- each time I skim a paragraph on a resource like FindLaw, peruse information
on the organization’s own website, or discuss a situation with staff
post-telephone call, I garner additional information and insight that helps me
quickly and efficiently address the next caller; thereby, continuing to further the
mission and goals of the organization with whom I am contracted.
And for me,
just as with the participants in that Pew Research Center study, there is both intrinsic and extrinsic value in that.
Bibliography
Rainie, Lee. Incentives- and pressures - for U.S.
workers in a 'knowledge economy'. Study findings. Washington:
Pew Research Center, 2016. PDF.
Monday, July 25, 2016
Non-Private Law Firms
“Risk comes from not knowing what you’re
doing.” Warren Buffett
As treated here, Risk refers to virtual risks- hidden
dangers that are inherent in our electronic ecosystem. Each time that
businesses and/or consumers utilize technology there is an associative risk
accompanying that activity, regardless of whether that action it is simply entering
information into a cloud database, downloading a file, or purchasing products-
the risk of exposing systems to intrusion is great; hence, nowhere is the above
adage more apropos than when it comes to computing.
Each week we see more and more
technology developed to streamline business processes and/or with the claim of
enriching our lives. Increasingly the legal community, much like industries
before it, continues to incorporate technologies into its practices- albeit a bit more
hesitantly than sectors like finance, banking and healthcare; yet, according
to the ABA 2015 Legal Technology Survey
Report, many lawyers and firms have not implemented elementary security measures
considered basic by security professionals and that are used quite frequently
in other professions. Consequently the
number of data breaches in law firms has increased- in detailing the alarming
number of law firm breaches, the aforementioned report states that 80% of the
top 100 largest law firms have been breached[i]
and these are firms with in-house I.T. departments. For some this statistic is startling, but not for
the information security [InfoSec] community, on the contrary it comes as
little surprise, particularly given the lack of general technological understanding
in the legal community, as well as, the relatively late (in comparison to other
industries) adoption of technology.
One might wonder why lawyers
and law firms are such tempting targets. This question was recently addressed
by prolific freelance blogger Jai Vijayan[ii]
as he mused over this very question and spoke with one Mr. Jake Olcott, VP, BitSight[iii]
and former counsel to the House of Representatives’ Homeland Security
Committee. Mr. Olcott indicated that law firms, in addition to holding
mountains of sensitive data, lack dedicated information security practitioners,
as well as, the budget to properly implement information security programs and incident response plans (codified
post-breach procedures). So for firms facing this circumstance here are a few
suggestions:
start small- begin by
understanding what it is that you have then classify the data in terms of
importance, next partner with someone in the information security field (this is not your contracted
network administrator who in all likelihood lacks little, if any knowledge of
information security) to get a vulnerability
assessment- which differs from a Pen Test in that the practitioner will not
attempt to break into your system- only identify where your weaknesses lie, look
for organizations- educational, non-profit and governmental that disseminate free
guidance materials and webinars on the topic, and finally, check out
periodicals such as Dark Reading,
which offers comprehensive up-to-the-minute coverage on security together with
information on vulnerabilities and application weaknesses. Equally important to
remember is that software alone is no panacea otherwise, conglomerates such as
Sony, Yahoo, Target and Wendy’s International would not have been breached-
they own cutting-edge network security software!
While none of the aforementioned
measures alone will guarantee 100 % safety, they do serve as preventative steps
in the fight against attacks- much as the acts of brushing and flossing serve
to prevent tooth decay and later heart disease should the infection spread into
the bloodstream. Malware that spreads into a system can lock up the network,
preventing the firm from accessing documents and files- a crippling blow to
business.
With an estimated 1, 365, 561
lawyers in the country- according to the American Bar Associations’ statistics-
it behooves the legal community to work toward a solid understanding of, and
grasp on, information security, especially given the legal community’s
fiduciary duty to protect the sensitive data of its clients. It is only by
acknowledging the lack of awareness then taking the requisite steps to becoming
informed that this community will shore up its virtual doors. Consider this, firms take precautions against
the thief that might physically walk through the door or climb through a
window, so why not develop measures against those who are coming in virtually?
Wondering how intruders get in, what behaviors they exhibit, and what
you and your staff can do beforehand? Then stay tuned for future installments
of Non-private
Lawyers and Firms.
[i]
ABA Legal Technology Resource Center. ABA
Tech Report 2015. Chicago: American Bar Association, 2015. PDF.
[ii]
Vijayan, Jai. “Law Firms Present Tempting Targets For Attackers.” Vulnerabilities. Dark Reading.com, 12
April 2016. Web. 15 April 2016.
[iii]
BitSight is a company aggregating, analyzing, and rating the security
performance of companies and organizations across the globe.
Saturday, June 4, 2016
Saturday, April 23, 2016
Nine steps to prevent a cyber security breach
Though not comprehensive in the sense of guidance directly from the information security field, this article nonetheless provides useful tips and at least gets the legal community thinking about the issue. The practice of law does not exist in a vacuum and therefore is not exempt in terms of vulnerabilities to data breaches.
Nine steps to prevent a cyber security breach
Nine steps to prevent a cyber security breach
Tuesday, April 19, 2016
Friday, February 12, 2016
Electronic Health Records (EHR) Incentive Programs - Centers for Medicare
Incentives designed to motivate providers in the adoption of electronic systems.
Electronic Health Records (EHR) Incentive Programs - Centers for Medicare
Electronic Health Records (EHR) Incentive Programs - Centers for Medicare
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Sample Documents
The attached documents are presented as examples of my work; none of the individuals or facts presented herein are real. The same were creat...
-
Careful Who You Hitch Your Wagon To A law firm has just installed the latest and greatest case management program. The attorneys and pa...
-
In a study of American Workers conducted by the Pew Research Center in the Fall of 2015 and published in March of this year concerning...
-
“ Risk comes from not knowing what you’re doing .” Warren Buffett As treated here, Risk refers to virtual risks- hidden dangers that a...