Breach Response Checklist for Law Firms

By Stew Smith

These days, data breaches have become almost commonplace.  It’s no longer if you get breached, but rather when you get breached.  While prevention is still key, it is important law firms implement procedures to quickly detect breaches and contain the damage once confirmed.  Likened to fire preparedness in an office building, cyber-security should be a non-negotiable component of a responsible workplace, regardless of size.  Don’t have a plan in place?  Here is a checklist of items to get you started: 

  • Review your state’s data breach laws and make a list of entities you have to contact.
  • Contact law enforcement or consumer protection agencies, if your state law requires it.
  • Contact your data security specialist or IT consultant.  If you don’t have one, you may want to hire someone to perform an IT security audit so you’re less likely to experience another data breach in the future.
  • Reach out to your insurance company if you have cyber liability insurance.  Your cyber liability insurance provider will pay for some of the costs associated with responding to a data breach, including (depending on your policy) crisis management, credit monitoring and data breach investigation.
  • Investigate the breach, compiling information as to where it occurred and what data was lost.  (If you’re not particularly tech-savvy, hiring a security consultant to perform an audit may be wise.)
  • Repair any security weaknesses, but keep records and evidence of the breach (which you might need to turn over to law enforcement agencies later).
  • Contact a credit monitoring company about fraud and IT theft prevention services you can offer your customers.
  • Set up a telephone line or e-mail address to handle incoming questions and concerns from customers.
  • Post an announcement on your website about the data breach and how customers may contact you with questions.
  • Notify individual customers (via e-mail, telephone or mail, in accordance with state regulations).

Post Assessment & Planning

  • Assess gaps and evaluate effectiveness of plans, procedures and staff training.
  • Adjust security and response plans and processes; communicate and train accordingly.
  • Stay current; test your plan often and remain aware of changing threats and law.
Failing to prepare is preparing to fail.  Take some time to review this checklist and get the ball rolling on a response plan today.  Educate yourself on best practices, seek guidance on where you might be most vulnerable, patch any weaknesses and develop a strong security response plan for potential incidents and recovery.
Stew Smith, CISM is Vice President of Business Development at Business Machine Technologies, Inc.  A 21-year member of the BMT team, Stew helps new clients get the most from BMT’s arsenal of services.  A former Senior Network Engineer, and Operations Manager, Stew has authored many of BMT’s procedures and policies.  Stew may be reached at [email protected].

How Much Does VoIP Phone Service Cost a Small to Midsize Business?

By Vincent Finaldi

In the VoIP industry, one of the most common questions we are asked is, “How much does a cloud-based VoIP phone system cost?”  The answer is…it depends—primarily on three main factors.  To help you get a sense of how pricing is determined in the VoIP industry, we’ve openly and honestly discussed those three factors below.

VoIP Pricing: A History Lesson

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5 Questions with...Sarah Clark

By Cathy Aveta

CA: What are some of your pet peeves?

SC: Drivers who pull the “late merge” with a whole line of traffic waiting to exit, people who do not bag their own groceries at the supermarket and people who complain about having to do a task for so long that they could have completed it and been done in the time spent complaining.

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Artificial Intelligence's Impact on the Legal Industry

By Paul Sperry

Over the last few years, the legal industry has found itself in the midst of a sea change that has been exacerbated by competitive pressures, an increasingly intelligent client base and the advent of technology to control costs and affect outcomes.  Although there’s been tremendous interest around topics like alternative billing models, e-discovery, legal processing, outsourcing, mobility, cloud strategies, big data, security, etc., today it seems like everyone (engineers, data scientists, entrepreneurs, business owners, senior management executives and, yes, even lawyers) is talking about artificial intelligence (AI).

The Wikipedia definition of AI is “intelligence demonstrated by machines, in contrast to the natural intelligence displayed by humans and animals.  A machine imitating human behavior, such as ‘learning’ and ‘problem solving’.”  The definition continues to change, and has been split into two broad types of AI—narrow (applied) and general.  Narrow AI is intelligent systems that have been taught to carry out specific tasks without being explicitly programmed to do so, e.g., Apple’s Siri and Amazon’s Alexa.  General AI is the type of adaptable intellect found in humans, a flexible form of intelligence capable of learning how to carry out vastly different tasks.

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Business Partners and You: Perfect Together

By Sarah Clark, CLM

If you are like me and have lived in New Jersey for as long as you can remember, you can still hear former Governor Thomas Kean reciting the state slogan, “New Jersey and You: Perfect Together” (and may even throw in your best Jersey accent for emphasis).  As I thought about content for this article, this slogan came to mind over and over again.  Why, you ask?  It is because I am here to write about the importance of collaborating with our NJALA business partners to achieve your law firm’s goals.  While I may be stating the obvious, our business partners are here to help you, and working with them can help you in ways you never knew.
Let’s face it, you would not be in a management or administrative position without at least some contact with business partners, but when was the last time you reached out and scheduled a quick telephone call or meeting with a business partner to see what is new and exciting?  You may be surprised to find out that our business partners can help you in numerous ways, and that they are not just there to make the sale.  I understand that we are busy, need to get our regular work done and are often hard-pressed to find the time for extra meetings or exploring new company relationships.  We may not have the luxury to take on additional projects or incorporate alternate systems and/or procedures.  My guess is that most of us subscribe to the principle of “if it ain’t broke, don’t fix it”; but, you could be missing out.
We all know that the right products and services are key to successful legal administration.  Business partner relationships are important connections and resources as we conduct our jobs, plan for the future and expand our knowledge of products, changes and trends.  Building future business partner relationships can help us when a product or service changes or when an additional product or service is needed.  Positive relationships with business partners also provide a way to enhance our profession within our communities. 
Recently, I was chatting with one of our business partners, Gabriella Hermey from J. Herbro, also known as Dri-Klean.  Gabriella’s company cleans commercial carpet and office interiors.  She was chatting with a member at an NJALA event about her need to replace the carpeting in her office.  Our member told Gabriella that she assumed their carpet was unsalvageable and would need to be replaced.  Gabriella offered to come take a look at the carpet, and was tasked with trying to lessen the stains and freshen the space temporarily until the budget allowed for the high cost of carpet replacement.  According to Gabriella: “Instead, our team was able to thoroughly remove all the stains and improve the overall profile and air quality in the space.  We’re so pleased to know the client was thrilled with the results and we were able to extend the life of the carpet, saving them money, time and effort, all without disrupting their routine.”   Thanks to a quick conversation with one of our business partners, this member was able to save her law firm the costly expense of replacing its carpets. 
Another member, Elli Albert, told me about a time when she needed a temporary secretary for her office.  “When I was desperate for a temporary floater in my office, I called a few different staff recruiting agencies.  The only one who came up with multiple, qualified candidates, or, in fact, any candidates, was Micki Mersky from our NJALA business partner, Execu-Search.  She placed our temp with us, and the temp was eventually hired as a permanent employee.  I now recommend Micki and her firm constantly.  They are extremely diligent and pleasant to work with.”  Elli was willing to step out of her normal routine and give someone new a chance.  The results were a win-win for all involved.
I am sure I could find many more testimonials from our members about successful experiences with our business partners.  The point is, unless you make the effort to find out what is new or what has changed within the industry, you may be missing out on the opportunity to save your law firm time, money and aggravation.  One simple meeting with a print management company or an off-site storage facility could result in significantly less headaches down the road.  Please make this a professional goal for 2019.  Consider taking a meeting.  You may be surprised with what you find.
We all know that without our business partners, NJALA would not be able to offer our amazing educational and social events and scholarships.  We owe them a big thank you for their constant support.  Taking the time to really get to know our business partners is a great way to show your thanks.  Give them a chance to hear about your projects and initiatives, and let them try to build a solution that will make you “perfect together”.
Sarah Clark, CLM is the Director of Administration for McElroy, Deutsch, Mulvaney & Carpenter, LLP in Newark, New Jersey.

On Brevity and Passion

By Elyssa A. Goldstein, CLM, PHR, SHRM-CP

I’ve never been known for my brevity.  I love to tell stories, relish playing games like Taboo and Catch Phrase and am extremely comfortable in front of a crowd.
That said, I am also keenly aware of the power of words.  Sometimes, saying less (or saying nothing at all) creates the biggest impact.
As another year draws to a close, and we all take the time to reflect on our highs and lows and resolve to make the necessary improvements in the coming year, I could easily share pages worth of NJALA commentary.  (Don’t worry, I won’t.)
I’ve done some light “preaching” when discussing topics like motivation, gratitude and priorities in the past, and, though I have not been privy to any negative feedback, I am sure there are those who take issue with the way I deliver my messages.
Freedom of thought is one of the greatest freedoms we have, and my intention is not to change your mind or have you fall in line. 
My intention instead is to communicate the passion behind the words I write, the passion I feel for my legal administration profession and the passion I demonstrate as a member of the NJALA.  (Example: Screaming at the top of my lungs whenever the New Jersey chapter is mentioned at a national ALA event.)
We all have our reasons for being affiliated with the NJALA.  Maybe, at one time, “passion” would have made your list.  Maybe, for you, “passion” never stood a chance. 
Careers ebb and flow much like the ocean tide, and maybe you’ve been longing for a way to feel reenergized and reinvigorated. 
I would argue that the NJALA is the opportunity you’ve been seeking.
You will likely receive several e-mails during the month of January asking for committee members, assistance with volunteer efforts and the like.  Take a chance.  Throw your hat in the ring.  Raise your proverbial hand.  As the saying goes, “don’t knock it…”.  (See, brevity.)
I hope my words find their way into your year-end reflections, because I know the NJALA will continue to do amazing and impactful things in 2019. 
Until then, I wish you and yours the happiest and healthiest of holiday seasons.
Elyssa A. Goldstein, CLM, PHR, SHRM-CP is the Firm Administrator of Rebenack, Aronow & Mascolo, LLP in New Brunswick, New Jersey.

Moving to The Cloud and How to Get There

By Rich Kukla

The Cloud—Past, Present and Beyond

Over the past few years, the discussion concerning moving to the cloud has become one of the top topics of conversation in the IT industry.  As with any major infrastructure change, there are lots of options to consider, and there is no one-size-fits-all solution for a cloud migration.
By definition, “the cloud” is nothing more than a data center that is accessible over the public Internet.  By moving to a cloud infrastructure, you’re moving your company’s data to someone else’s server, and paying a rental fee for that service.  Instead of purchasing physical servers, and hosting those servers at your office, your data would be stored in a data center, and you can access that data as needed.  This eliminates the need to refresh your on-premise server hardware every few years, and potentially increases your data’s accessibility.

The Cloud Ahead

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2018 New Jersey Paralegal Convention Recap

By Nancy Harris

On October 26, 2018, fellow board member, Alison Rizzo, and I represented the NJALA as a vendor at the New Jersey Paralegal Convention.  The Convention was an all-day affair for experienced, career paralegals, paralegal students and those seeking continuing legal education to enhance their skills, network with fellow paralegals and explore services designed for the legal profession.  This outing was an excellent opportunity for the NJALA to increase our visibility, and promote and market our organization’s services to paralegal managers.  The New Jersey Paralegal Convention Committee put together a wonderful event and were more than accommodating to us.  We sincerely appreciate it and were glad to partner with them.
In addition to the tremendous joy of meeting everyone, we spoke with several prospective members who were excited to find out more about our organization.  Some of them are new managers (like all of us were at one time) who need help, resources and guidance to better themselves in their jobs.  We look forward to having them join our NJALA family. 
We even ran into several of our NJALA business partners at this event!  We already know we have wonderful business partners, but, after being a vendor for a day, we gained newfound respect and admiration for them.  They all make a long and tiring day look easy!  Kudos to our business partners! 
At the end of the Convention, Alison and I walked away feeling accomplished, as we met endearing people who were genuinely happy to hear about our organization.  We will be looking for volunteers next year so others may have the opportunity to see what all the hype is about.
Nancy Harris is the Law Office Administrator of the Law Office of William E. Staehle in Morristown, New Jersey.

Getting Rid of Those Pesky Replies!

With a new website comes learning.  With learning comes wisdom.  With wisdom comes.... user preferences.

Many of you may feel overwhelmed by the volume of email you are receiving from the community forum, and you may prefer not to see all of the replies that come in to a particular topic.  Well, there is an answer!  See below:

First:  Log in to the website

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The State of Cybersecurity

By Douglas Concepcion

Based on the historical trend established over the last few years, it is expected that the number and sophistication of cyber-attacks will continue to increase.  54% of the professionals in the cybersecurity space anticipate a successful attack against their organization within the next twelve months.  Even though security budgets have been increasing over the last several years, the return on the investment has been decreasing, i.e., what is known as the trickledown effect.  This means that nation states and sophisticated actors (all black hat hackers) have been developing very powerful tools over the past (approximately) ten years, and as with all technical development, the tools eventually make their way into the public space.  In these cases, very innovative malware is now being used by criminal actors to circumvent the cybersecurity (hardware and software) of organizations.  Due to this level of concern, most organizations, on average, are increasing their security budget by 21% in the coming year, with a focus on securing planned or existing cloud infrastructures, applications, training and education of staff and mobile devices. 

The biggest hurdles experienced by organizations is lack of knowledgeable or skilled employees in cybersecurity; with an overall shortage worldwide of about 800,000 at the present time, that number is expected to increase to 1.7 million unfilled cybersecurity positions globally by 2020.  This shortage is causing organizations to increase training of existing staff in cybersecurity, and to contract with companies that offer Managed Security Service Provider (MSSP) and Managed Service Provider (MSP) services.  A primary reason for the outsourcing to one of these organizations is that these service providers already have a dedicated staff in place 24/7, with the required skill sets for managing cybersecurity.  This removes a large portion of the security personnel burden from the organization, while also sharing the responsibility of security operations.

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The Power of Color—An In-Depth Look at the Perception of Law’s Top 3 Choices

By Jim Weber

Color.  It can make you feel.  Make you pay attention.  Make you remember.

While the topic of color theory, color psychology and the effects of color in advertising is broad, we will focus on the top three colors used in large law firm branding, and how those colors can influence a potential client's impression.

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The Future

By Elyssa A. Goldstein, CLM, PHR, SHRM-CP 

Any moron can answer a telephone.  This was my exact sentiment when I began my first day of work as a receptionist in a law firm on Monday, August 24, 2009.  A negative, short-sighted and just plain untrue sentiment, to say the least.  Having studied music in college, I did not imagine that I would wind up working in a law firm two years after graduation.  In fact, as my mother worked in a law firm, and I wanted to “be my own person”, I tried to avoid following in her (career) footsteps at all costs.

Now, nine years later, I am primarily responsible for running all administrative aspects of a law firm, including hiring, firing and managing staff, some of whom no doubt never imagined that they would be working in a law firm after college or high school. 

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Wellness Tips: Flu Shots

By Michelle Cohen

The beginning of flu season is HERE.  These words strike fear in the hearts of many law firm administrators.  Does the paralegal sniffling by the water cooler look a bit pale and unwell?  Is he sweating?  Did the receptionist touch that door handle after a surreptitious nose wipe?  Did half the staff call out sick this morning?  Why does this happen every year?  Don’t we always think to ourselves, Should I encourage everyone in the office to get a flu shot?  The answer is a resounding YES!  What follows is a synopsis of flu shot information adapted/shared from the Centers for Disease Control and Prevention (CDC) website.

Getting an annual flu vaccine is the first and best way to protect yourself and your family from the flu.  It can reduce flu illnesses, doctors’ visits and missed work due to flu, as well as prevent flu-related hospitalizations.  Over 80,000 people died last year of the flu or complications from the flu, making last year the deadliest flu season in four decades.  There were also a record breaking 900,000 flu-related hospitalizations last year.

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NJSBA President John Keefe Presents at Business Partner Expo

On September 25, 2018, the NJALA hosted its 25th Annual Business Partner Expo at Mayfair Farms in West Orange.  Prior to the Expo, a large group of NJALA members and guests attended an important and timely educational workshop on the topic of “The Opioid Crisis.”  John E. Keefe, Jr., Esq., President of the New Jersey State Bar Association, and Elaine Durkas, Director of Human Resources at Fusion Employer Services LLC, presented a session on the history and current climate of opioid abuse and addiction, as well as guidance for employers on how to appropriately and legally address drug abuse in the office. 



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What Would You Do?

By Colleen Conway 

For this feature, the Jer-Z-Journal will pose a scenario that could occur in a law firm. Members were surveyed and asked how they might respond if faced with the particular situation. All responses, whether serious, sarcastic or humorous, were encouraged. All responses are confidential, and some may have been edited. 

SCENARIO: A secretary is having difficulty keeping up with the new technology in the office, which is causing her to have a longer turnaround time. Her assigned attorneys have started giving some of their work out to other secretaries because “it is a rush” and they want it done quickly. This is causing animosity amongst the staff. Although you have explained to the attorneys that they need to give their secretary a chance, so that she can practice and improve, they continue to give work to others, as they don’t want to wait or may not be able to wait due to deadlines. WHAT WOULD YOU DO? 

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Effective April 1, 2018, your NJALA dues are rising to $900.00 per year

Did I get your attention? This is not an April Fools’ joke. $900.00 is the annual dues amount everyone would have to pay if we did not have the support of our business partners (BPs). How did I determine this amount? Well, let’s break down some numbers. 

We meet ten times per year—six times at the Highlawn Pavilion, two socials at various country clubs, our annual Business Partner Exposition at Mayfair Farms and once at The Manor for Managing Partners’ Night (where we invite a multitude of guests at the association’s expense). The cost to cover cocktails and dinner averages out to around $65.00 per person. If a member attends all ten events throughout the year, the cost to NJALA is $650.00 for that member. Not bad for $250.00 membership dues (or $200.00 for additional members of the same firm)! 

Cocktails and dinner are just one aspect of what it costs to run this organization. At seven of our monthly meetings (eight, if you include our Business Partner Exposition), we provide an educational session. Often, these educational sessions include a nationally-known speaker. Each speaker charges an engagement fee, and we are also responsible for covering travel expenses. The cost associated with each speaker varies widely depending upon how recognizable the speaker is and from where he/she is traveling. 

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How Law Firms Should Measure Profitability

By Rippe & Kingston

Using key performance indicators (KPIs) to measure the success of your law firm can help identify what is working well, and help guide strategic decisions for the future.  However, a shocking number of law firms don’t use any performance metrics beyond measuring and tracking the hours billed at the attorney and firm levels.

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What CAN You Do? NJALA Opportunities Available to All Members

By Elli Albert

For the past couple of years, some of you may have read my column, “What Would You Do?” in the Jer-Z-Journal.  I would now like to suggest a twist and ask NJALA members, “What CAN You Do?”

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The Temperature Wars

By Michelle Cohen

If you are a fan of the HBO series, Game of Thrones, you are likely all too familiar with the tagline, “winter is coming”.  Honestly, every Sunday when I watch the show and hear that line, a small part of me thinks about the fact that winter has been alive and well in my office all summer long.  My desk sits directly below an air vent, and the cold air blows in my direction all day long.  As my space heater tries to counter-balance the Nordic blasts, my fingers often turn various shades of blue and purple, and I drink so much hot tea that I run to the restroom a little too often.

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Accrual Accounting for Professional Services Firms—Playing Heads Up Ball

By Kenneth E. Winslow, CPA, PSA

Abstract: This article covers an overview of the American Bar Association’s (ABA) appeal to Congress arguing against the implementation of an accrual accounting tax mandate for professional service businesses. It provides a brief primer on cash vs. accrual accounting, and offers a discussion of how changing to an accrual-based system will affect accounting for law firms, as well as what you can do to maximize your firm’s bottom line. 

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