ing the use of such a system. Fundamental to those considerations is a reasonable un- derstanding of, among other things, vari- ous aspects of the technology that an at- torney is using or that their vendor is using. Without a reasonable understanding of the technology, an attorney cannot assess whether they are appropriately safeguard- ing their client’s data or providing compe- tent representation to their client. Some might wish for a return to the days of typewriters, onionskin, and carbon pa- per, but that cannot happen. Many clients prefer to communicate by email. The state courts currently require attorneys to have an email address and send out hearing notices by email. The federal courts use e- filing, and e-filing will eventually become a reality in the Vermont state courts; the Court’s e-filing pilot projects are continu- ing in Rutland and Windsor counties. Few law offices maintain law libraries anymore, as many attorneys conduct legal research online. At one time, online legal research was prohibitively expensive and found only in large firms. Now, the VBA provides on- line legal research through Casemaker as a benefit of membership. So, what are we to do? To start, we must all have a reasonable understanding of safe
computing practices and must put those practices into action. There are fundamen- tal steps that should be taken to reduce the risks that come with our connected world such as: keep computer operating sys- tems patched and up-to-date; use antivirus and keep it up-to-date; keep your devices (computers, phones, tablets, etc.) locked when not in use; use strong passwords; use different passwords for each account; pro- tect your passwords; backup your data. As a rule, do not click links contained in email. If a trusted financial institution sends an email with a link, do not use the link; in- stead, type the address into the browser to make sure that it is the real website before you log in. If an email from someone you know arrives but you are not expecting a link or attachment, confirm that it was in- deed sent by the supposed sender before clicking the link or executing the file. These are just some of the steps to take
as we learn to live and work with these new tools of the trade. The goal of this column is not to cover everything; it is to start a conversation. The VBA is committed to meeting the needs of our members in the digital age. The VBA offers support as we grapple with these additional responsibili- ties—through CLE programs, articles on its
website and in social media, and practice management support. Let us know how we can help.
____________________ David Fenster, Esq., is Addison County
State’s Attorney and President of the Ver- mont Bar Association.
____________________ 1
It should be understood, that for purposes of this discussion, computer security is not lim- ited to traditional “computers,” but includes all forms of digital electronic equipment from tab- lets to smartphones to laptops. At a time when the office thermostat might be connected to the internet, computer security can become an issue
in the most unexpected places. 2
http://www.nytimes.com/2013/10/04/tech-
nology/
adobe-announces-security-breach.html 3
after-computer-virus-strikes 4
http://www.heraldnews.com/news/ x2132756948/Swansea-police-pay-750-ransom-
http://www.ftc.gov/news-events/press-re- leases/2012/10/ftc-halts-massive-tech-support- scams;
http://www.ftc.gov/news-events/press- releases/2013/11/tech-support-scheme-partici-
pant-settles-ftc-charges 5
yers.html 6
V.R.Pr.C. 1.15(a).
7
V.R.Pr.C. 1.1. Id.
8 Vermont Advisory Ethics Opinion 2010-6. 9
http://ridethelightning.senseient.com/ 2013/11/cryptolocker-ransomware-strikes-law-
6
THE VERMONT BAR JOURNAL • WINTER 2014
www.vtbar.org
President’s Column
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