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10 Tips for Disaster-Proofing Your Firm
By taking these proactive steps, you can shift to remote work and ensure business continuity whenever necessary.
June 8, 2020Prior planning can make or break the survival of a law firm. Whether anticipating a fire, hurricane, or even a pandemic, you and your firm need to have protocols in place and train your employees. Doing nothing until the disaster happens and then waiting for the world to return to “normal” will hurt your clients and your business. By being proactive now, employees can learn the remote access systems, understand expectations, and make a seamless transition to a remote office. Here are 10 simple steps any firm can take to be ready when the next disaster strikes.
1. Have a written policy for remote work.
Write a policy covering all office functions, such as case intake, ordering records, and preparing for depositions—everything that takes a case from start to finish. Make sure every employee is familiar with that policy.1
The policy should describe the circumstances when an employee or the entire firm may go remote and who has the authority to approve it, as well as whether remote work complies with the Americans with Disabilities Act.2 The Equal Employment Opportunity Commission has explained that allowing individuals to work from home may be a reasonable accommodation for qualified applicants and employees with disabilities.3
The policy also should reference where employees can access the firm contact list and a phone tree and instructions. Make one staff member the designated emergency response person in charge of carrying out the remote work policy. This person must completely understand the protocol for each scenario.4
When planning how the firm will function remotely, be sure to include
- who will check mail, how mail will be processed and disseminated, and how often these tasks will be done.
- procedures for using a remote login system and what tasks people may or may not do within the system, as well as protocols to prevent hacking.5
- who will determine when a safe return to the workplace is possible, and what criteria will be used.
- what standards and procedures will apply when everyone returns to the office, as well as any plans for how the office will transition to regular work activity.
2. Go paperless.
To go paperless, you really just need a good scanner, plenty of cloud or server storage, and case management software.6 Implement a plan to enter a digital version of every file to the cloud or your server. You can start with recently opened files, move to your active files, and finally, scan in older files before sending them to storage.
Moving forward, ask yourself what needs to be printed and what can stay digital. Do you need to print every draft of that motion or will having a final hard copy to review suffice? The goal is to reduce paper, and when there are paper files, to save them electronically right away.7 Keep an app such as Genius Scan or CamScanner on your phone for quick document scans.
For those transitioning into a paperless workflow, start by taking any documents you need to edit or highlight, such as motions or deposition transcripts, and reviewing them digitally instead of printing physical copies. For emails you want to save, you can “print” them to a PDF document and save them in the client’s digital file.
3. Get your tech in place.
Working remotely requires a private, password-protected internet connection. When employees are not using their work computers, the desktop should be locked, and work should not be stored on any flash drive. In addition, work calls should be completed outside of the presence of nonemployees.
Do your research, ask other firms what they are using, and get to the bottom of what tech essentials your practice needs to accomplish its goals and complete all work securely.8 Include those needs in the written office protocol so that the firm can go completely remote when needed.
Security is a concern for devices, especially if they are lost.9 Most newer devices provide full disk encryption tech such as BitLocker and FileVault, but file-level encryption programs such as VeraCrypt and GNU Privacy Guard are also necessary to secure your data.10 Refer to your state’s ethics rules on the topic, and do a little research to choose the best platform and level of security for your firm.
4. Train everyone before the emergency (if possible).
Firms must determine what a person must do (such as talking to clients) and what tasks can be automated (such as file storage). But technology and software tools are helpful only if people know how to use them.
Train the entire firm on all software and policies on an annual basis, not just when needed. You never know when someone may be asked to step in to help with a project. In our experience, this is especially important for e-filing; we both have worked with lawyers who rely solely on paralegals to e-file their documents for them, which can be a problem when there’s no other backup.
If your firm hasn’t trained in advance and is forced to do so remotely, do it with patience. See whether your tech provider has tools or training videos.11 Check whether your provider can host a class or whether another firm that uses the same platform can help.
5. Ensure staff productivity.
It is important to assess every employee’s bandwidth and availability, both physically and emotionally, to determine who can work 100% remotely or who needs some type of hybrid schedule, if possible. For example, in the context of COVID-19, can your employees split into teams to work different days in the office for proper social distancing? Employees also need to understand the firm’s expectations about when they must be available and responsive to colleagues or clients. Moreover, office notaries should establish online credentials and how to institute those credentials if you live in a state that allows it.12
To ensure your staff maintains the same energy and dedication remotely as when in the office, schedule daily morning video meetings to discuss tasks or emergencies. Requiring employees to submit daily reports can allow you to see if your expectations are being met and help you plan work assignments. To track work hours and productivity, you can use software or systems such as HoursTracker, TSheets, YoCoBoard, and Punch Time Clock Hours Tracker.
6. Manage your books.
Set up your firm bank accounts and bills to function remotely before any disaster occurs. To create a remote accounting department, you can
- request all bills be submitted electronically.
- use electronic payment methods in lieu of checks.
- ensure the accounting department has the necessary information (stored in a secure electronic site, which can be as basic as a password-protected Excel spreadsheet) to access each bank account.
- use an electronic payroll system.
- establish a protocol for issuing checks. Make sure to use a secured area with a dedicated printer to print checks remotely, as needed, with assigned staff able to access and mail the checks after they are printed.
Many cloud-based options allow for remote accounting and promote efficiency.13
7. Have the right insurance coverage.
Knowing what type of insurance coverage you need is crucial.14 Commercial general liability (CGL) insurance covers property and personal injury claims that occur at your firm, but you also can obtain coverage for occurrences such as cyber liability, data breach, errors and omissions, employee theft, and others.15 In addition, the CGL policy will either be claims-made (covers claims that are reported when the policy is in effect) or occurrence-based (covers losses that occur during the policy period, regardless of when the incident/claim is reported).16
Business interruption coverage is an additional and optional coverage that may be added to your property or casualty policy or part of a comprehensive package policy, but it’s triggered only under specific circumstances17—and is also proving extremely difficult to enforce during the COVID-19 pandemic.
8. Protect employees.
Have a specified representative well versed in the federal Family Medical Leave Act (FMLA), its state and local counterparts, and applicable employment and labor laws. This person also should stay up to date on developing information and updates from government officials. For example, during the COVID-19 pandemic, the Texas Workforce Commission had multiple calls in March and April open to employers explaining the FMLA rules for COVID-19, fielding dozens of questions regarding paid leave when people were suspected to have or tested positive for the coronavirus.
The firm-specified representative should also be well versed in the established paid time off (PTO) and work schedule options set forth in your firm’s policies and procedures. If you choose, your firm may create alternate PTO requirements for remote workers. In addition, the firm representative should be able to determine whether alternate work schedules may be possible to accommodate childcare needs or other personal considerations for employees working remotely.
9. Reach out to clients.
Remember to return client calls within 24–48 hours. One of the top reasons clients lose trust in their lawyers is a lack of communication. So whether it’s from you or a team member, make sure every client gets a quick return call and feels heard.
Clients need to know you are working on their cases, even if you are not physically in the office.18 Email them about how the firm is operating during this disaster, and email again when you return to the office.
In addition, regularly email them general updates on their case. Sometimes a call or a video call may be appropriate to ask clients how they’re doing or to give them specific information. You can use this time to make sure they are still receiving treatment or to learn whether their injuries have progressed. Video calls in particular can go a long way—sometimes clients just want to see the person who is helping them.
10. Keep up morale.
Disasters and crises are hard on everyone. Legal professionals deal with stress and anxiety every single day, and these are amplified when you are in crisis mode. Make self-care part of your disaster planning and part of how you approach your daily practice.19
If you are having a tough time adjusting, odds are so is your team. Now is not the time to micromanage. If you did not have a daily morning meeting with strict, serious discussions while you were in the office, don’t implement one as part of your disaster response. Instead, you may simply want more of a mental check-in with the team.
We also would not recommend video recording your team while they work from home. Your team needs to trust one another and communicate. Without trust, everyone is insecure and productivity is affected. Team members who need to work remotely already are worrying about the crisis and their families. They still can and will be productive, but you need to meet them halfway. Try to
- be flexible with schedules.
- ask how they are doing—and really listen and make clear that they can talk to you if they are struggling.
- let your team see you being yourself.20
- give clear directions.
- ask your team to give their input on how to improve morale.
- set aside some time each week to do something fun together (for example, a virtual happy hour).
A little bit goes a long way, and you do not need to spend a lot of time or money to show your team that you care.
You have the ability to implement systems that set your firm up for success, allowing you to survive and thrive safely, securely, and sanely during even the most troubling of times.
Karen Beyea-Schroeder is an attorney at Burnett Law Firm in Houston and Schroeder Law Office in The Woodlands, Texas, and can be reached at karen.schroeder@schroeder-lawoffice.com. Candess Zona-Mendola is the senior trial paralegal for The Lange Law Firm in Houston and can be reached at candess@jorylange.com. The views expressed in this article are the authors’ and do not constitute an endorsement of any product or service by Trial or AAJ.
Notes
- For examples of what to consider in a remote-work policy, visit Employee Remote Work Policy Template, Workable, https://resources.workable.com/remote-work-policy; Macy Bayern, The 10 Rules Found in Every Good Remote Work Policy, TechRepublic (Mar. 13, 2020), https://www.techrepublic.com/article/the-10-rules-found-in-every-good-remote-work-policy/; Increase Productivity While Maintaining Organizational Security with an Effective Remote Access Policy, Smartsheet, https://www.smartsheet.com/effective-remote-access-policy?drch=icpm.
- Adam Hansen, Can Working from Home be a Reasonable Accommodation under the Americans with Disabilities Act?, Emp. Rts. Newsl. (Am. Ass’n Justice), Spring 2018.
- Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA, EEOC, No. 915.002 (Oct. 17, 2002), https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada.
- See Randall O. Sorrels & Michelle A. Ciolek, When Disaster Strikes, Trial 34 (April 2018).
- Daniel J. Siegel, Hindering Hackers, Trial 54 (July 2015).
- If you elect to use server storage, you may want it offsite to prevent loss in the event of a fire, hurricane, tornado, or other disaster that destroys your office. For more on one cloud storage option, see Tad Thomas, Your Electronic Filing Cabinet, Trial 47 (April 2016).
- If remote employees need any paper documents, they should be responsible for keeping the work material, documents, or sensitive client and firm data confidential and under lock and key in the remote location.
- For remote tech resources and tips, see Karen Barth Menzies, The New Normal: Working From Home, Trial 21 (June 2020).
- In 2015, it was estimated that 41% of all data breaches were due to a lost device compared to the 25% caused by hacking and malware. Follow the Data: Dissecting Data Breaches and Debunking the Myths, TrendMicro (Sept. 22, 2015), https://www.trendmicro.com/vinfo/us/security/news/cyber-attacks/follow-the-data.
- Holly Urban, Common Types of Encryption: What Lawyers Need to Know, Law Tech. Today (July 18, 2018), https://www.lawtechnologytoday.org/2018/07/common-types-of-encryption/.
- For example, Filevine has its own YouTube channel dedicated to training users.
- See, e.g., How to Become a Remote Online Notary, Nat’l Notary Ass’n, https://www.nationalnotary.org/knowledge-center/remote-online-notary/how-to-become-a-remote-online-notary; How to Become an Electronic Notary or Remote Online Notary, DocVerify, https://www.docverify.com/Products/E-Notaries/How-to-become-an-e-notary-or-remote-online-notary.
- For several remote accounting tools to consider, see Will Lopez, All the Cloud Tools You Need to Keep Your Accounting Practice Running From Home, Gusto (Mar. 18, 2020), https://gusto.com/partner-resources/accountant-remote-tools.
- See John H. Fisher, Preparing for a Rainy Day, Trial 43 (March 2017); Thomas H. Blaske, Legal Malpractice Insurance: Some of What You Need to Know . . . And What I Wish I Had Known Before Now, Prof’l Negl. Newsl. (Am. Ass’n Justice), Winter 2020.
- See Fisher, supra note 15.
- Id.
- What is Business Interruption Insurance?, Nationwide, https://www.nationwide.com/lc/resources/small-business/articles/what-is-business-interruption-insurance.
- ABA Standing Comm. on Ethics & Prof’l Responsibility, Formal Op. 482 (2018).
- For example, we recommend creating a designated workspace in your home and encouraging your colleagues to do the same, setting a schedule for yourself and sharing those hours with your team, getting out of the house, and taking on a non-work hobby—learn a new language or finally create that backyard garden. For more on practicing mindfulness, see Brenda Fingold, Mindfulness and Well-Being, Trial 22 (March 2018); Brenda Fingold, Navigating the ‘Full Catastrophe’ With Mindfulness, Trial News (May 21, 2020).
- Laura Yaeger, Resolute but Simple Leadership in Unprecedented Times—Back to Basics, Yaeger Legal Consulting (Apr. 14, 2020), https://www.yaegerlegalconsulting.com/resolute-but-simple-leadership-in-unprecedented-times-back-to-basics/.