Thoughts from the Board - Ronda Cordova

Now seemed like a good time to speak to the issue of remote work.  Some of you are contemplating working remotely while others of us have worked that way since the pandemic.  My office has been a hybrid model.  We have just a few staff members who are always present at our office.

Some considerations when deciding how to structure your firm should include: confidentiality; diligence; communication; and supervision.  This is not an exhaustive list but it will get you started when contemplating a change or confirming your remote practice is on the right path.

Confidentiality:  We have an ethical obligation to protect our client’s secrets.  That is true whether everyone in your firm physically works together or not.  You should take steps to make sure that your computer files can only be accessed by staff members.  Passwords should be used to lock information.  This becomes particularly important when, for example, a family member, friend, or roommate could see your client’s information.  You should make sure that verbal communication is protected.  Your staff should have some kind of designated work station with privacy as opposed to conducting client meetings in public (such as a restaurant or coffee shop). 

Diligence:  It is expected of an attorney regardless of any unique or additional challenges of a remote/virtual practice.  You need to make sure your technology is such that you do not have issues with accessing your files, conducting research.  If you need to be able to rely on the assistance of others in your office to provide the best service possible to the client.  Make sure you and your staff have an adequate internet connection.  Make sure you can quickly and efficiently communicate with each other.  Make sure you and your staff have the equipment and technology needed in each location to accomplish the task required of you.

Communication:  Client communication is particularly challenging for every attorney regardless of a remote work situation.  If a client is unable to physically come to your office, that adds another layer of complexity when communicating.  You have an ethical obligation to make sure your client understands what is happening in his or her case.  You must determine if your client is capable of communicating with you by e-mail, video conferencing, telephone etc.  Simply sending an e-mail to client may not be good enough. 

Supervision:  You need to be able to supervise junior lawyers and non-lawyer staff.  You need to make sure they are providing quality legal services to your client.  When you are not physically working with them that can be difficult to accomplish.  You may want to have remote   meetings and training sessions.  You may want to consider installing devices on computers to monitor work.  You will want to know when team members are working and available to you and your clients.

Lastly, because I am a workers’ compensation attorney, I cannot end my remarks without talking about the liability that exists for injuries to your staff while working remotely.  For example, there is the risk of injury from having a work station that is not ergonomic.  If a person changes a light bulb and falls, or falls on the stairs at home etc., you may be liable.  It is simply harder to keep your staff safe from injury in multiple locations.

If this has been helpful at all and you want further direction, I would highly recommend you read Colorado Ethics Opinion 149. 

 -- Ronda Cordova

Official Message Here