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The Mobile Lawyer: Tips on Practicing Law Anywhere, Anytime
By Gordon Moffat,
Technical Services Manager

Much like the long-promised ‘paperless office,’ the concept of true location-independent computing for attorneys has dangled in front of expectant and eager legal noses for years. Mobile computing has always seemed like something that only legal professionals at big firms can do or a task too challenging for all but the most skilled computer users. It has seemed just out of reach for most.

Fortunately, the maturity of IT systems, the Internet, wireless networks and mobile devices have made it much more feasible for all attorneys and paralegals to work remotely. In this article readers will learn about the latest mobile technologies and techniques for practicing law anywhere, anytime.

Advantages

There are significant advantages to being able to work remotely. First, it allows attorneys to never have to cease tasks or stop practicing because they are away from the office. This capability is especially important during trial preparations and other potentially tense periods. Second, the enhanced responsiveness and flexibility will increase a lawyer’s value to his or her clients dramatically. Third, as more and more attorneys are able to practice effectively from remote locations and from on the road, the costs associated with reliance upon support staff and physical office space can be reduced. Last, firms should expect an increase in billing efficiency once attorneys are liberated from having to be in front of their office computers in order to access firm resources.

Basics

All law firms, even small ones, should have several basic elements in place. These are not only prerequisites to working remotely, but they also enable lawyers to function more efficiently in general.

First, every law firm should have a network. An excellent solution for this is Microsoft’s Small Business Server 2003, which will accommodate up to 75 users and provides many of the remote access tools discussed below. Microsoft also licenses its standard server products for firms with more than 75 users. Next, attorneys should have recent, modern equipment running Windows XP Professional. The ideal situation is for an attorney to have a powerful desktop computer in the office and a lightweight laptop for travel. A decent computer at home with broadband internet access will also create more options for remote access. Third, lawyers should have a strong basic understanding of the tasks, problems and procedures involved with general computer operation and connecting remotely. This knowledge is gained through proper training and is reinforced through experience. Your legal technology consultant is always available to train, orient, troubleshoot and assist.

Connectivity

Once restricted to the lazy and frustrating days of dial-up, establishing connectivity to the internet from most locations has become much easier. Most professionals now have broadband access at home. Additionally, hotels usually offer a broadband internet connection in their rooms, usually for a small fee. Hotel staffs have improved their level of internet connectivity expertise and service, as well. Another boon for the mobile worker is the proliferation of wireless hotspots in business lobbies, airports, restaurants, and soon, aircraft. In the near future, municipalities may begin deploying metropolitan wireless networks. Perhaps the most exciting development in mobile computing is the development of wireless broadband cards. These devices, usually provided by telecommunications carriers and working off the cellular radio grid, allow broadband connections from anywhere one can obtain a cell phone signal. Should all the above connection methods be unavailable or impractical, firms can always have a backup dial-up account with a major nationwide ISP. Many remote access features, such as Outlook Web Access and other webmail arrangements, will work satisfactorily over dial-up.

Your Office, Anywhere

Once the connection to the internet has been made, a host of options opens up for accessing resources located within the office for the remote users. Microsoft wisely included the powerful Remote Desktop feature in Windows XP Professional. This tool enables remote control of computer desktops in any network location, allowing users to work exactly as if they were sitting at their workstation in their office. This option is the most desirable to many because of the range of tasks that users can accomplish with ease. For instance, many practice management suites, billing applications and litigation support tools (such as Summation) will not run reliably over VPN connections (see below).

The ‘big brother’ to Remote Desktop is Microsoft’s Terminal Server, which is a server-based Remote Desktop solution which allows multiple remote users to connect to virtual desktops at the same time and utilize internal network resources as if they were in the office. Terminal Server can be costly and requires separate server hardware, but is an excellent choice for medium and large firms.

Another method for accessing network resources is via a Virtual Private Network (VPN) connection. As its name implies, VPNs are a means by which a workstation can participate on an office network via the internet. While the concept of VPNs suggests that machines should function as though they were in the office, latency (network speed) issues frequently make this untrue. VPNs are useful, however, for accessing files remotely and for adding an extra layer of security for mobile users. Also, Outlook works well over VPN.

A better method for using Outlook 2003 over a remote connection is RPC-over-HTTPS. This feature in Microsoft Exchange Server (a native component of Small Business Server) allows Outlook 2003 (alas, previous versions will not function) to attach to its mailbox over the internet directly, dispensing with the need for establishing a VPN connection first. We can expect to see enhancement of and expansion upon this technology in future Microsoft products.

Using the Web

There also exist several fully-evolved web tools for staying in touch and working remotely. One method perhaps familiar to many is the ubiquitous Microsoft Outlook Web Access (OWA). In the 2003 version of this powerful web-based Exchange Server client, great care has been taken by the developers to make it function almost exactly like its cousin, the full-blown Outlook application. Another feature about which many might not be aware is Outlook Mobile Access (OMA). This tool allows any web-enabled cell phone or PDA to access Exchange mailboxes in a simple, streamlined, small-screen-friendly web page.

Microsoft has packaged many tools together into one unified mobile access web page that runs from a firm’s Small Business Server. Called Remote Workplace, it allows easy access to Outlook Web Access, a firm’s SharePoint intranet site and to Remote Desktop connections to domain workstations. A further step beyond Remote Workplace can be taken if a firm wishes to develop a full-blown extranet site. Extranets would allow not only an organization’s own attorneys and staff to access internal resources via a secure web page, but also create a controlled repository for sharing files with co-counsel and clients.

Mobile Devices

The cellular telephone revolution of the 1990s has left us with a fine legacy of data-enabled handhelds. As these devices grow in capability, the day may come soon when all remote functions can be performed on what is now termed a PDA (Personal Digital Assistant). In the legal realm, other types of digital devices exist that can streamline the task of working remotely for attorneys.

Still foremost among this class of device, even after the parent company’s legal problems, is the Blackberry. Users can read and edit files attached to e-mail, manage their contacts and handle all their scheduling tasks on their Blackberries. The use of a Blackberry Enterprise Server (a powerful but expensive package that integrates with a firm’s mail server) extends the synchronization capabilities of these devices.

A strong contender to the Blackberry is the Palm Tréo. The latest model, the 700w, runs a newly-stable and much-improved version of Windows Mobile with scaled-down copies of Word and Outlook. Best of all, Microsoft Exchange Server will integrate and ‘push’ e-mail, contact information and calendar entries to this device using Exchange ActiveSync, a free feature that performs all the key tasks of the Blackberry Enterprise Server without the use of a third-party service.

A great help to attorneys’ mobility are the latest digital dictation devices. Freed from the need to use tapes, and empowered with the ability to transmit digital voice files via e-mail or by copying to a network share via VPN for immediate transcription, lawyers no longer need to be in their offices to dictate.

Conclusion

Location-independent computing is now a practical goal for attorneys. Although no magic formula or package to purchase can satisfy all needs, there now exists in the market a host of devices and services that can make true mobility a reality. Only previously the arcane province of the vaunted ‘road-warrior,’ working remotely is now an achievable and necessary aspect of the modern practice of law.‚

LogicForce Consulting, LLC is now offering the LogicForce Mobile Lawyer Package: tailored solutions for your firm’s mobility needs. Schedule a consultation with your legal technology consultant to learn how today’s mobile technologies can make you more flexible, responsive to client needs and profitable.

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Source: The LogicForce Letter, Spring 2006

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