2.8 Working Online & Working From Home
Dawn Hadwen and Gemma Smyth
Working Online & Working From Home
Before the COVID pandemic, the idea of working online and at home was a passing thought for many lawyers. In the space of very few years, many lawyers have shifted to spending significant work time online and/or at-home. There are many benefits to this shift for lawyers, clients, the courts, and students. However, working from home or online can bring with it a host of security and other considerations canvassed in this section.
Working from Home Challenges
Working as an employee in your home environment can blur lines between domestic roles and employee standards. For some, working from home can bring increasing domestic pressures. Privacy may be difficult or impossible. As Costa and Bortoluzzi write,
“The proximity of work and family life frequently triggers forms of conflict known as work–home or work–family conflict. This happens when pressures and expectations from work (e.g., being available at any hour for meetings) and family roles (e.g., looking after children or elderly relatives) become difficult to reconcile or are even mutually incompatible.”
For others, particularly those living alone, working from home can also be isolating. People respond differently to isolation, but for some it is difficult to maintain good mental health while physically alone.
Security, Privacy & Confidentiality
Confidentiality and file management practices took on particular importance during a pandemic as lawyers worked from home. Students should be attentive to disclosure risks and file security.
Every legal workplace will have some sort of file management system – paper-based, electronic, or a mix of both. File management systems allow lawyers and other members of a firm to have a record of the client’s documents, the progress of a file, track payment of fees and to ensure ethical requirements such as conflicts and limitation periods have been respected.
Typically, legal workplaces ensure that client information is easily retrieved from the system, secure so as to protect client confidential information, and should verify the existence of any conflicts, limitation periods and other administrative tasks. Moreover, it should “comply with the LSO’s record and bookkeeping requirements.”
Protecting client information is an obligation for lawyers, students and other parties privy to the legal matter or client issue. Maintaining confidentiality in file management procedures is important.
Keeping Files Secure at Home
To the extent possible, create a physical space where you can control access to client information. Don’t keep files out so others living with you or visiting can see them. Close your laptop. If you do print or have other physical files, keep them stored so others cannot access them. Your computer should also have password protection. You can add an additional layer of security by adding a password to certain files. Most students will not have client money at home nor meet with clients, but that is an additional consideration in practice. This LSO article contains useful information for lawyers considering working from home.
In most cases, students will want to have remote access to confidential files and other information. The following excerpt from a Law Society of Ontario podcast on remote access also has useful definitions and context (featuring speakers David Whelan and Phil Brown):
“DW: Remote access is pretty clear. What you want to do is connect to a server or a computer that is back in your office or in your home, but you want to do it remotely. So when you are at court, or when you are on the go, you want to be able to get access to it whenever you want to. In some ways we are already doing that with tools like the Cloud, where I can synchronize a file up to Dropbox or something like that and I can remotely access it through the web or by downloading it to my device, but that is not really what we mean by remote access.
PB: One of the things we are going to be concerned about with remote access is security and how to keep that information safe between your device and your computer at home.
DW: That’s right because it is using the same internet as the Cloud, but it is a direct connection to the device that you are trying to connect to. Remote access means that you are going to somehow dial in or plug into the computer that you are going to be using. There are really two ways to do that. One of the ways is VPN, which is virtual private networking, and a second way is to use something called RDP, remote desktop protocol, or VNC, virtual network computing.
PB: Let’s talk a bit about the differences and what they mean. VPN, for instance, the virtual private network, is really just a pipeline – a private pipeline, within the public network.
DW: That’s right. It secures everything that is transmitted through that pipe, and that means that everything that you do on your device, both at the end where you start and the end where you come out of that virtual private pipe – that virtual private network – is encrypted. Some people may know that if you use a VPN to connect to another country you can connect to resources that are in that country because it makes it look like you are coming from wherever that country is. But in your case, you would be using it for your office, so you would be connecting to a virtual private network client sitting on your computer in your office, or onto virtual private network hardware that is in your office.”
Back up your clients’ files in a way that maintains confidentiality per LSO rule 3.3. While the LSO doesn’t have any specific regulations on cloud computing, the following podcast discusses what you should consider: https://lso.ca/lawyers/practice-supports-and-resources/topics/technology-practice-tips/cloud-regulations. To back up client files, lawyers should use different, secure mediums. A recommended practice is to ensure that the cloud you are backing up to permits you to upload encrypted files as an extra layer of protection. If you are periodically backing up files to a USB or hard drive, ensure that the files are retrievable and that the portable drive is stored securely. For more tips listen to this podcast or view the transcript: https://lso.ca/lawyers/practice-supports-and-resources/topics/technology-practice-tips/backups
Encrypted emails or files in emails helps maintain an added layer of security when working remotely. See the following transcript for best practices! https://lso.ca/lawyers/practice-supports-and-resources/topics/technology-practice-tips/email-encryption
The following link provides more technology tips and best practices to ensure data security. Students can listen to podcasts or read the transcript: https://lso.ca/lawyers/practice-supports-and-resources/topics/technology-practice-tips
Benefits of Working from Home
There are also many benefits of working online (aside from the benefits for clients, courts, staff, etc.). Technology has promoted fast communication through platforms such as Zoom or Microsoft Teams to hop on a meeting. Or, sending a quick message through WhatsApp, Slack, Workvivo, etc. can be efficient and convenient. These technologies allow for meetings with coworkers or companies where meeting in person is geographically not possible, promoting more opportunities for successful collaboration, effective communication, and teamwork.
Despite the negative impacts of boreout, and social isolation working from home may perpetuate, researchers have proven a positive correlation between working remotely and mental health. When individuals can work from home, it often offers more flexibility.
Remote Work & Addressing Inequality
Remote work may have benefits for employees who disproportionately experience discrimination and microaggressions in the work environment. Many persons with disabilities experienced significant relief when employers allowed for at-home work. Remote work can also have significant benefits for mothers and parents working at home.
Remote work can also promote economic growth in communities and has the potential to diminish social isolation in rural communities and regions facing economic decline. However, statistics also show that radicalized and Indigenous communities are often overrepresented in occupations that are impossible to perform remotely. As Asfaw writes, “[u]ltimately, reducing racial disparities in college education and distribution of workers across different occupations would be a long-term solution for reducing racial disparities in teleworking.” Consequently, it perpetuates more segregation and isolation for marginalized communities. Therefore, we must be cautious as to how these changes to our world is impacting society at large, and how one can work to bridge the gap for all individuals.
Tips for Working at Home
Each legal workplace will have specific expectations regarding working from home and online. Some of these expectations are workplace-specific. For example, it will depend if the student is using their own laptop and downloading confidential information, using workplace-related software, etc. Of course, privacy must be considered both for clients and students.
The following tips come from students who have worked from home and online for some or all of their placements.
Hours
Especially in part-time roles, it can be easy for colleagues to forget that students work part-time, or have multiple competing duties.
Some students suggest displaying your hours for colleagues either in an online workplace forum, in an auto-reply, mass email message or other method.
Checking your Email
It can be tempting to check your email frequently, including when you are not supposed to be working. This works for some people and workplaces, and not others. Some students suggest they preferred setting firm boundaries and only checking email during their scheduled hours.
Designing a Work Space
Organizing your apartment or house to ensure a work area is not near distractions may help you stay focused. For example, having your desk space in close vicinity to your room or bed will be a constant reminder of your workload during after work hours.
Set Expectations with Housemates
If a quiet or confidential time is needed for work, let others living with you know right away. Posting a sign or other notice can also remind housemates.
Staying Motivated
It can be very difficult to remain focused and motivated when working from home. Reasons for this differ from student to student. Making lists, setting goals, and being strict about potential distractions can help. Some students use time management techniques or software such as the Pomodoro technique. The ability to focus at home will likely be a long-term issue for students. Using a clinic or externship experience to work on methods can help set up students for long-term success.
