Paralegal Voice

What Paralegals Need to Know About Information Governance, Social Media, and Data Security

Technology has changed the world of law firms and businesses, affecting the way lawyers are required to retrieve, record, and archive information. Instead of communicating entirely by email or phone, professionals are now also exchanging valuable information by instant message, collaboration systems, or social media. It is important for paralegals to understand the ways in which this data is stored and maintained as it can often result in expensive lawsuits.

On this episode of The Paralegal Voice, Vicki Voisin interviews social business management expert Doug Kaminski about data recovery, ediscovery, regulatory requirements, and archiving information that is exchanged through new forms of communication like social media. He emphasizes the importance for paralegals to become technology savvy, not only to assist in relevant lawsuits, but also to expand their skill set. As communications evolve, Kaminski explains, there will be an increased amount of potential evidence passed through instant messaging and social media. Paralegals should be knowledgeable about the laws concerning data retention in order to inform on custodial interviews and depositions. And most importantly, paralegals and everyone should be aware of the consequences of online communications.

Doug Kaminski, VP of Sales at West & Canada at Actiance, specializes in litigation, electronic discovery sales management, technology security, corporate compliance, corporate governance, information governance, archiving, social media, and enterprise software. He is requested as a speaker nationwide on topics including corporate compliance and governments, social media, security, and electronic discovery.

Special thanks to our sponsors NALA and ServeNow.

View transcript

Welcome to the Paralegal Voice, where you hear the latest issues and trends in the world of paralegals and legal assistant by one of the best known paralegals in the industry, Vicki Voisin.  A paralegal for more than 20 years, Vicki is dedicated to helping legal professionals reach their goals.  You’re listening to Legal Talk Network.

Vicki Voisin: Hello everyone.  Welcome to the Paralegal Voice here, on Legal Talk Network.  I’m Vicki Voisin, the paralegal mentor, and host of the Paralegal Voice.  I’m now an advance, certified paralegal, and I publish a weekly, e-newsletter titled Paralegal Strategies.  I’m also the coauthor of The Professional Paralegal, a Guide to Finding a Job and Career Success.  You’ll find more information at paralegalmentor.com.

My guest today is Doug Kaminski, vice president of sales, West and Canada at Actiance, a global leader in communication, collaboration, and social media governance, helping professionals everywhere engage with customers and colleagues so they can unleash their social business.  Welcome Doug.

Doug Kaminski: Thanks for having me, Vicki.

Vicki Voisin: Delighted.  Now, before we begin, our sponsors should be recognized and thanked.  That would be NALA, a professional association for paralegals providing continuing education and professional certification programs for paralegals at nala.org.  That’s N-A-L-A dot org.  NALA is a force in the promotion and advancement of the paralegal profession.

Also, ServeNow, a national network of trusted, prescreened processor servers.  They work with the most professional process servers who have experience with high volume serves, embrace technology, and understand the litigation process.  Visit servenow.com to learn more.

The goal of the Paralegal Voice is to discuss a wide range of topics that are important to the paralegal industry and share with you leading trends, significant developments, and resources you’ll find helpful in your career and everyday job.  Guests are usually included to help explore timely topics, and for that reason I’ve invited Doug Kaminski to be on this month’s show.

Now, many of you already know Doug and, in fact, while I know a lot of paralegals throughout the United States and beyond, I think Doug has me beat because, honestly, everywhere I go, Doug’s there.  He’s everywhere.  As vice president of sales West and Canada, at Actiance, Doug is an experienced technology sales professional with deep expertise within the corporate, legal and IT arenas.  He’s often requested as a speaker, nationwide, and I have to tell you, he’s a great speaker.

He speaks on topics including corporate compliance and governance, social media, security, and electronic discovery.  His specialties include litigation, electronic discovery, sales management, technology security, corporate compliance, corporate governance, information governance, archiving, social media, and also enterprise software.  I have to tell you, Doug is funny and Doug is smart.  Dough’s a huge fan of paralegals, because he knows that paralegals influence the technology used by the legal profession.  As I said, Doug’s smart.

Doug’s stated mission in life is to inject everything he does with both passion and humor while creating growth and value for all involved.  As far as I can tell, Doug, you are right on with your mission.

Doug Kaminski: Aww, thanks, Vicki.  You’ll have to tell me your PayPal handle so I can make a deposit into your account.

Vicki Voisin: Oh, yes.  No, every time I go to a meeting, Doug is there with the latest technology.  He has all the toys and it’s always fun to see what he’s up to.

Doug, technology has changed.  It’s changed our world.  That includes companies, and also law firms, so please tell our listeners about those changes.

Doug Kaminski: Well, you know, that’s a good question, Vicki, is one thing I’ve seen that’s probably impacted us the most in terms of business and technology is really the way we communicate.  By that I mean, if you think about how often you’re on Facebook or on your handheld device, we’re communicating in different ways than we used to.  We’re not just picking up the phone and we’re not just using e-mail.  We’re using instant messaging.  We’re using collaboration systems like Jive and SharePoint and IBM’s Connections, and we’re using social media.  More importantly, this is being used more and more in business communications.  Just think about the number of e-mails you’ve responded to via LinkedIn.  Most of the times, though, they aren’t going through company e-mail systems, so you’re using these kind of alternative, real time communications.

It’s interesting because there’s a lot of things going on around that, case law developing around that, because, again, it’s just another form of communication.  If you get nothing else from our talk today, remember, it’s what we say and how we communicate it that matters, not so much the fact that it was on social media or a phone call or an e-mail.

Vicki Voisin: It doesn’t really matter, as long as we remember to say the right things?

Doug Kaminski: Yep, that’s definitely a part of it.  Substantive business communications are taking place in these real time communications.  Confidential information is being shared, whether it’s about cases or personally identifiable information like credit card numbers, social security numbers, and we have to apply the same standards that we have for e-mail and for other conversations.

Vicki Voisin: Okay, so just a different kind of communication.  I understand that it’s really to archive e-mail, but that’s not quite enough.  Is it?

Doug Kaminski: No, you know, you’re absolutely right.  Prior to this time we’d been thinking of these real time communications as a bit more ephemeral or more like water cooler conversations.  The problem is is that we’re having these substantive conversations.  We’re having content that needs to be preserved, so whether it’s in the context of regulations or litigation, we’re starting to see it more and more be compelled, and so if we’re not preserving it like we’re doing with our e-mail, if we’re not archiving our instant messaging, if we’re not archiving the social media and the other channels that we’re having these business communications on, we’re going to run into problems.

Vicki Voisin: Well, I know there are a lot of regulatory requirements, so tell us about those.

Doug Kaminski: Sure.  Well, as you know, there’s a big alphabet soup of government agencies out there and if you’re in a particular industry that are heavily regulated, you know, banking, insurance, financial, you’ve got a lot of those from [inaudible 00:07:09] from the SEC, and some of your other governing bodies like the FFEIC and others.  Then we go downstream from there into, say, Gramm-Leach-Bliley, or into the federal rules, which we’re all very familiar with in the legal world, and those have a lot of requirements, as well, with regards to retention, depending on the disposition and the people.

If you have regulated employees, like say financial advisors, we’ve got to maintain those records.  If we’ve got energy traders, we need to be able to maintain those records.  Just because they’re not using e-mail, and they’re using instant messaging instead, or using social media, we still have that same duty to preserve and to retain just to satisfy regulatory requirements, or downstream, litigation requirements.

Vicki Voisin: Okay, then, tell me what happens, and I’m sure it’s not good, when a company fails to comply with those regulatory requirements.

Doug Kaminski: Oh, you know, you’re absolutely right.  It’s not a good thing.  A great example is, the day after Christmas, and this is a particularly notable find, but Barclay’s, which is a large financial company, was fined nearly $4 million simply for failing to preserve Bloomberg instant messaging.  A lot of their financial folks, even though it was mostly internal conversations, were conversing via this kind of channel that they use.  They’re using Bloomberg IM.  They didn’t preserve it and they were found to be wanting, and so they received a fine of almost $4 million.

It was notable because it was the day after Christmas.  Regulators working during the holidays to make a point usually means it’s a pretty bad thing.  Then, along with that, we’ve been seeing a lot more cases and the case law’s been growing around these real time communications, so we’re starting to see sanctions, starting to see adverse inference, and large penalties, seven, sometimes eight figure penalties, where we’re running into issues because we didn’t preserve that data and we could have.

Vicki Voisin: Okay, this may not quite be the right place for this question, but it’s been in the back of my mind as we’ve been going along.  I understand the archiving of e-mail.  I understand the archiving of instant messages, but how do you do that with LinkedIn, with Twitter, with Facebook?  Where do you put it?  Or do you just leave it hanging out there and let people find it later?

Doug Kaminski: That’s a great question.  Up until this time we’ve been seeing evidence from Facebook, LinkedIn, Twitter typically being used for criminal cases or for, say, insurance fraud, things of that nature.  But it’s starting to pop up more and more now in civil litigation, and in HR matters.  You can, indeed, preserve it in a number of ways.  You can either do that reactively and there are a number of good tools out there that allow you to, what we call, scrub the screen and grab whatever is available.  But you can do it proactively, as well.  Our company has created APIs, kind of hooks, into those social networks, so we can even capture things like modified and deleted posts.

We tie in at the account level, so even if they’re doing this on their handheld or at mom’s computer during Thanksgiving, we’ll still be able to capture all that information.  But there’s, of course, that balance between regulatory need or litigation need and privacy.  Of course, never step over that boundary.

Vicki Voisin: Well, how do you keep from stepping over that boundary?

Doug Kaminski: No, that’s a great question.  There are some that, using say the screen scrubbing kind of technique, are really only able to capture the things that are considered public, so if you’ve set your privacy settings such that the juiciest things aren’t being seen, then obviously you won’t be able to do that.  You can’t really compel someone to give their user name or password.  An actual labor relations board and all kinds of other litigation have kind of born that out.

But, when we’re looking at, the people that have the biggest need, and that is usually those in heavily regulated environments, there’s definitely a higher standard of care, and so tying in at the account level, via an API, it’s kind of like if you’ve ever installed a game, and, come on, you can admit it, I know you have.  There’s always a little button that says allow or deny.

Vicki Voisin: Right.

Doug Kaminski: Our little [inaudible 00:11:21] installs the same way.  You just click allow and it will sit there in the background and allow it to capture the things that are necessary without really looking at all of the personal stuff.

This is [inaudible 00:11:32] with financial advisors, for example, or insurance advisors.  They expect to have that higher standard of care, and often have a separate business, as well as personal Facebook, LinkedIn account, et cetera.

Vicki Voisin: Right.  Now, when I go out to speak to, especially corporations, and I do this in law offices, also, I will tell them not to use their employer’s server or their program to send their e-mail, that they’ve got to keep that separate, because if they’re sending things on the employer’s account, and vice versa, if they’re sending employer’s things on their personal account, this is all discoverable.  You want to keep that separated if you can.

Doug Kaminski: You’re absolutely right.  There is definitely some precedent for that, but by the same token, because communications are evolving, we’ve been seeing a lot more incidents of say people using Gmail or some other kind of webmail to do the more nefarious things, and we’re still finding that it’s the conversation and it’s the content that’s determinative.

Even though you absolutely shouldn’t comingle your personal and your business, especially on a company computer, we’re starting to see more and more people are using these things that are non-business to communicate for business reasons, and it is kind of blending and merging.  I wouldn’t say it’s not discoverable.  I’m saying we’re starting to see more and more evidence that the bench, as well as regulators and others, are taking notice of the fact that what is being said is much more important than where it’s being said.

Vicki Voisin: Well, it’s time to take a short break for a word from our sponsor, NALA, the Association of Legal Assistants, Paralegals, and ServeNow, a nationwide network of trusted prescreened process servers.  When we come back we’ll continue our discussion with Doug Kaminski, vice president of sales, West and Canada for Actiance, Inc.

NALA means professional.  NALA offers classroom and Web-based continuing education at professional development for all paralegals.  NALA’s certified paralegal credential has been a gold standard of professionalism for over 30 years.  More than 15,000 paralegals have this certification, and nearly 2000 have achieved the demanding advanced certified paralegal.  NALA works actively with others in the legal field to promote the value of paralegals and to advance paralegal professionalism.  See more about why NALA means professional at www.nala.org.

Looking for a process server you can trust?  ServeNow.com is a nationwide network of local, prescreened process servers.  ServeNow works with the most professional process servers in the industry, connecting your firm with process servers who embrace technology, have experience with high volume serves and understand the litigation process and rules of properly effectuating service.  Find a prescreened process server today.  Visit www.servenow.com.

Vicki Voisin: Welcome back to the Paralegal Voice.  I’m Vicki Voisin and my guest today is Doug Kaminski.  I’m chatting with Doug about corporate compliance and governance, social media, security, and electronic discovery.  Thanks for being here, Doug.

Doug Kaminski: Well, thanks, Vicki, always a pleasure talking with you.

Vicki Voisin: It seems like, as I said, I go to a meeting and all of a sudden Doug walks in.  You have a bunch of friends all over the United States, Doug.  Great following.

Before we go on, I want to tell our listeners that this information is important to them whether they work in a law firm or whether they work for a corporation.  Is that true?

Doug Kaminski: It absolutely is.  As we’ve mentioned before, in the first half of this show, we’re starting to see more and more real time communications being used, and it’s almost non-exclusive of job function.  I’ll give you a quick example.  I was in my bank the other day.  I’m actually one of those weird people that goes into a bank now and then, doesn’t just do it online.  The teller said, “Oh, I see you in here now and then, what do you do?”  I said, “Well, I’m in the software business.”  “Oh, that’s interesting.  What kind of software?”  I said, “Well, actually, your bank uses our products and they can use it to monitor instant messaging to see if any confidential information is being passed, social security numbers, credit card numbers, account numbers, dates of birth.”  She said, “Well, I do that all the time.”  I said, “Really?”  She goes, “Oh, yeah, it’s way easier than e-mail and I can get an instant response, so we do that all the time with other branches and other people within the organization, we’re IMing back and forth with account information and credit card information, all kinds of things, because it’s just way easier to get back and forth.”

That kind of really brings …  Here’s just a bank teller, but she handles a lot of confidential information, and that information is flowing back and forth through instant messaging, so whether you’re in a law firm or you’re in a corporation, this is definitely an important topic.

Vicki Voisin: Now, Doug, before we went on break we were discussing regulatory requirements, and what happens when a company fails to comply with those.  Now I’d like to tell our listeners why it’s so important to preserve this data.

Doug Kaminski: Well, there’s a number of reasons, Vicki, for preserving it, and as I said, some of the obvious ones are, I’d say, the first tier, it’s the regulatory reasons for doing so.  It could be that you have record retention requirements or it’s even say related to [inaudible 00:17:18], and you need to, for your 302 and 404 [inaudible 00:17:22] stations be able to say that, “We have control over this information.”

That’s one part of it, but the rest of it as you cascade downstream is, again, the evidentiary reasons for doing so.  This data still lives.  It’s out there on your server, typically.  If you’re using, say, Microsoft Link for instant messaging or SharePoint, a lot of it resides out there.  It can be gotten to, regardless of what your retention periods are, and so it kind of requires a little different mindset.  We have to start treating it more like permanent records.

The companies in the heavily regulated spaces understand that, but as you cascade down through a little less and less stringent regulation, to more basic regulation, there’s still a need for it, but we haven’t really addressed it.

Vicki Voisin: Well, you know what I find interesting is that a lot of this is happening because of our need for such rapid communication.  For a while we only used the phone.  Then people started using e-mail.  Now, even as with that bank teller, e-mail’s not even fast enough, so they want to do instant messaging.  It’s that rapid communication that really can, I think, get us in a lot of trouble, but that’s how it is today.  You just have to go with it and to be careful.

How can a company check for leakage of confidential information and other violations?

Doug Kaminski: Sure, that’s a great question, as well, because so far what we’ve been talking about is the after effect.  Right?  How do we keep this information?  How do we retain this information?  Another aspect of these real time communication channels is, how do we monitor them?  How do we ensure, like with that bank teller, that information isn’t necessarily getting outside of our four walls.  Or if it’s conversations internally, it might be used downstream.  How do we get a read on this before?  Maybe even avoid a lawsuit.

I’ll give you an example of that, because there are systems that will allow you to do it.  Our company has one of the only ones, but there’s some others out there that are starting to pop up, and there are ways that you can check, on an active basis, to be able to find out what’s going on.

Here’s an example.  There’s a company, had some engineers.  This was out in the Silicon Valley area.  There was one engineer that had a previous history of, say, altercations with another employee, and threatened this employee via instant messaging.  Because the company had already had a system in place to monitor, in this case it was ours, within hours they were at the employee’s desk and escorting him out of the building.  The threats were serious enough.  The security team was alerted immediately because a policy violation happened.  There was words that were used that were threatening, and they had a zero tolerance policy, so they were able to check that.

They could have avoided what could have been a very nasty HR issue, as well as potentially criminal issues or negligence on the company’s part.

Vicki Voisin: That’s interesting.  I think that more people should be aware that you have the ability to do this.  Why?  Now, why, since we’re speaking to paralegals, why is it so important for them to be familiar with these issues?  It’s important for them, as well as their employer.  Right?

Doug Kaminski: Oh, it absolutely is.  If you think about the mission of the paralegal, you’re not legal secretaries, you are paraprofessionals, so it behooves you to know more about this than sometimes even the attorneys.  All right?  Many times the attorneys are very busy in their particular specialty, but a paralegal has to be more versatile, has to be more well-versed, and that’s how you add significant value into that equation.  If it just gets to be transactional in nature, it’s not that interesting.  Let’s face it, it gets kind of boring if you’re doing the same thing all the time.  Learning about these new things, keeping up on the technology makes a lot of sense.

For those that are involved in litigation, there’s what we call the Zubulake duties.  Legal professionals today, especially paralegals, pretty much have to be technologists, as well as legal professionals, so we’ve got to know the law and how to apply it, but also know how technology intersects with that.  It definitely is good for paralegals to understand that this is a growing area of concern, that case laws are growing, and that paralegals can learn more about this so they can actually add more value, whether it’s informing on custodial interviews in depositions, whether it’s looking for things that others might not have considered.

Vicki Voisin: Doug, I want to back up just a minute and talk about the Zubulake issues.  I don’t think all our listeners know about that, so can you just give us a brief idea of what’s going on with that?

Doug Kaminski: Oh, absolutely.  This is obviously in very simplistic terms, but when we talk about Zubulake and the Zubulake decisions and some of the subsequent ones, what it really gets down to is, legal professionals, and it’s called out as attorneys, but let’s face it, paralegals are the ones who are often the power behind the throne.  We’re the ones that make sure that the things get done that need to, or look out for the things that weren’t.  Zubulake duties, very simplistically, [inaudible 00:22:37] and that is, we have to understand how our enterprise customers, how our clients, in essence, communicate, and how they store their information, and where that information resides, and how they use technology to be able to better counsel them when it comes to litigation downstream or internal investigations or what have you.

Part of those Zubulake duties are, indeed, that.  They’re understanding how customers, our clients, I mean, maintain their data so that we’ll be better informed when we’re dealing with a meet and confers, or others.  We’ll know about what to ask for.  We’ll know about where to look for this information.  We’ll know how to advise them and how to preserve that if we have a better understanding of how they communicate.

That’s why this is an important aspect and ties into Zubulake for paralegals.

Vicki Voisin: Okay.  How can paralegals learn more about these issues?

Doug Kaminski: Oh, that’s a great question.  It’s a growing area, and so there’s not as much information out there as I would like to see, but it has definitely been growing.  One way, and this isn’t a plug, but you can go to our website, so it’s www.actiance.com and you’ll probably have that in the transcript somewhere.  Go to Actiance or search for Actiance on the Web.  We’ve got a great amount of white papers and Webinars and other resources with folks that are experts in the industry, far more than me.  That will allow you to really learn more about this topic.  There’s some resources at ARMA, which is the Records Management Association, have been tackling, so many of the seminars and events they’ve been having, this is starting to pop up more and more.

Vicki Voisin: Well, I think we’re getting really close to the end now, Doug, but do you have some quick tips for paralegals to help them with this compliance?

Doug Kaminski: Yeah, I think some of the best tips I would have would be this.  Understand that people communicate in the ways that feel best to them.  We all know people that will only get on the phone.  We don’t e-mail with them.  Whereas my daughter, I pretty much text all the time.  I rarely talk to her on the phone.  What that means is that we have to understand, whether we’re involved in a case or investigation or just overall in counseling our clients in terms of how they should take part in their preservation duties, is learning how they communicate, whether as an individual or as a company.  Make sure then we have the safe guards no different than we would for e-mail or other forms of communication in place.

I would say understanding how people communicate is the first step.  The rest would be understanding what is the duties?  Whether it’s regulatory or it’s required for litigation, and helping them map out a strategy for that, making sure they don’t neglect it.  Third would be helping increase awareness.  Many companies just don’t realize that there are ways that they can preserve this information.

The thing I always use is this, and that is, real time communications, so things that are not e-mail, real time communications really demand real time compliance.  Let’s find the ways we can do that, whether it’s again, just using log files or simplified ways, if they’re not heavily regulated, don’t have a lot of litigation, or looking for programmatic ways or companies like our own to be able to help with that.  Look for the best combination of education and policies, as well as technology, to put that framework in place so that you’re protecting the communications, because then you’re protecting the business.

Vicki Voisin: Okay, perfect.  Well, Doug, if our listeners want to get in touch with you or learn more about Actiance, how would they do that?

Doug Kaminski: A number of ways.  As you said, I’m on LinkedIn.  I’m everywhere.  Chances are good you’re going to run into me somewhere.  If not, our website, as I mentioned, www.actiance.com.  In addition to that, you should find my information there, or as I said, reach out to me on LinkedIn.  Feel free to publish my e-mail address if you’re publishing the transcript of this.  That’s dkaminski, with an I, at Actiance.com.  I’d be happy to answer any questions I can.

Vicki Voisin: Doug’s also on Facebook, on Twitter.  As I said, he’s everywhere.  He’s literally everywhere, because you never know where he’s going to settle in for a day.  I know he was in Chicago this week.  He was probably other places, too.  Watch for him at your next conference, and if you’re looking for a speaker, Doug’s the one to call.  Lots of nice technology tips.

Doug Kaminski: I’m out speaking to these important topics.  Thanks, Vicki.

Vicki Voisin: We’re going to take another short break now, but don’t go away, because when I come back, I’ll have more career tips for you.

We’re glad you’re listening to Legal Talk Network.  Check us out on Facebook, Twitter, and LinkedIn, too.

Vicki Voisin: Welcome back to the Paralegal Voice.  This is the time of the program where I usually tell you where I’m going to be, what I’m going to be doing, and also some career tips.  I do have some travels coming up, but not until the fall, so we’ll talk about those another time.

Hello to all of you who were at the NALA convention.  I couldn’t be there this year, so be sure to pick up the little gift I have for you.  There will be people passing those out.

Again, before I go onto my career tip, I want to talk about the Zubulake case that Doug mentioned.  It is Zubulake, Z, as in zebra, U-B-U-L-A-K-E versus UBS Warburg, LLC.  Warburg is spelled, W-A-R-B-U-R-G.  In that case, the plaintiff, who is Laura Zubulake, brought gender discrimination and wrongful termination suits against the defendants, which was UBS Warburg.  She sought access to e-mail that were stored and archived by the defendants.  Eventually the court found in her favor, and there’s quite a bit of information out there if you just Google Zubulake.  It’s very interesting and will add a little bit more meaning to what Doug has been telling us throughout the day.

Anyway, I want to talk briefly about ethics rules, because the ethics rules that applies to attorneys, also apply to paralegals.  Now, attorneys are bound by the ethical codes that are adopted by the American Bar Association, and also individual states, so a person engaged in a professional such as medicine or the law, that person is held to a higher ethical standard than the average person.  That’s because the higher standards are necessary to protect the public that the professional serves.

In law, the ethical standards that apply to the profession, also apply to all individuals working in the profession, whether they’re the licensed professional, or whether they’re employed by the professional, and also it doesn’t matter what title they have, whether they’re the receptionist, the secretary, the paralegal, the bookkeeper, whatever.  They still have to follow the ethical rules of the attorney.  Again, all members of the legal support staff are held to the same high ethical standards as attorneys.

Now, I want to tell you that ethical rules are really quite clear when you’re at work.  You know?  Conflicts checks are routine.  It’s apparent who the firm is representing.  Everybody understands that communications must be confidential, you know what documents are usually privileged, and so forth, but what’s really important is when you’re not at work.  It’s after hours, when you’re not at the office and nobody’s looking and nobody’s listening that you may let your guard down and ignore the ethics obligations that follow you wherever you go.  All of your actions after hours are bound by the same ethics obligations as when you’re on the job.

Those acts can be just as damaging, and maybe even more damaging than anything you do at the office.  I’m going to give you one quick example, because we really do need to wrap things up here, but say someone comes up to you at a party and they say, “I know we’re at a party, but I really have a quick question for you.  I want to talk to you about my case.”  Well, you should never engage in conversations about a client’s case, with a client or anybody else, outside the office, because you never know who may overhear the conversation.  If it’s overheard by a third party, the conversation may lose the privilege.  You also owe the client of keeping everything about the case confidential.  That’s virtually impossible to do in a public place.

Those are things you need to be very careful of, especially when you’re outside the office.

That’s about all the time we have for today.  I want to remind you to check out my blog.  That’s ParalegalMentorBlog.com, and also the website is ParalegalMentor.com.  If you have a question for me, send that to Vicki, V-I-C-K-I, at ParalegalMentor.com.

This is Vicki Voisin thanking you for listening to the Paralegal Voice and reminding you to make your paralegal voice heard.

The views expressed by the participants of this program are their own, and do not represent the views of nor are they endorsed by, Legal Talk Network, it’s officers, directors, employees, agents, representatives, shareholders, and subsidiaries.  None of the content should be considered legal advice.  As always, consult a lawyer.

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