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Batten Down the Hatches:

Is your law firm prepared for a disaster?

byKendall Abbott

Uneventful, seemingly steady times can lull firm leaders into a false sense of security. They can impact a firm’s ability to be prepared should a crisis or catastrophe arise. It’s critical as business leaders to put solid plans of action in place in the event of a natural disaster, pandemic, act of violence, or other unexpected event. Let’s start by asking a few key questions:

  1. The hope is your law firm made it through Covid unscathed, but are you ready should there be another pandemic that forces lockdowns or inhibits access to the office?
  2. Do you have cyber security measures in place in the event your firm experiences a data breach and/or a ransomware attack? Is your team undergoing cyber security training regularly?
  3. In the event of a natural disaster, is there a plan in place that ensures you have ways to communicate with your team and your clients on the status of the operation so your firm does not face a detrimental business interruption?
  4. What about the security of your building; do you have a way to quickly notify your team of emergency situations and feel confident they have the knowledge of what to do to stay safe in your office?

If you answered no to any of the above questions, you should feel a strong sense of urgency to act now and create plans for all possible worst-case scenarios. Often, we know firms have some measures in place, but they are not updated or frequently reviewed with their team. That’s a vital mistake. It is no question many of us walk around with the mindset that something terrible will never happen at our place of work. Sadly and too often, it’s truly not a matter of “if” these things happen, but rather “when.” No matter the size of your business, your firm should have robust disaster response and preparedness plans in place.

Cyber Security

During my tenure in law firm administration, I received countless emails that appeared to be coming from my team and attorneys. These emails consisted of requests to update payroll information and sometimes asked me to click on a fake ShareFile link to upload file information. My team received these emails on a regular basis as well. Scammers have gotten savvy with their phishing schemes, and they are much harder to detect than those of 5-10 years ago. Once you fall victim to one, it is difficult to know the full extent of the damage and stolen information. When a user’s account has been compromised, their email can then be used to send additional phishing emails to those inside and outside the organization. This can be embarrassing to your firm when other attorneys or offices call to determine the legitimacy of your emails.

How do you stay vigilant and prepare your team?

First, your IT department or company, if outsourced, should have emails that come from outside the organization flagged. Visually, this can look different based on what your company uses for email. The word EXTERNAL can be in the subject line, in the body of the email, and/or out to the side of the email in your inbox, as seen below.

Example of inbox with the external tag.

The [External] tag does not mean the message is a scam. It is to help the recipient remember to stop and consider if they know the sender and if they were expecting an attachment or link sent from them prior to opening/clicking on anything. If the email appears to be a scam, the recipient should notify their systems administrator, who can contact the IT department so the team is all on notice.

There are several security training platforms your IT company can investigate and implement at your firm. These platforms will proactively train your team on how to identify a phishing email or encrypted attachment by automating simulated phishing attacks for your team. Reporting is often provided to show how the team did. This helps management identify weak areas to focus on and provide additional training as needed. If you’d like to go a step further, which we recommend, many of these companies also offer compliance training software. As with any new software implementation, it is important to communicate the why behind it to your team. You want them to understand this is an additional layer of protection for the firm and clients. This is not being used to track their computer, and it is not a reflection of their work.

Crisis Communication Plan

In the event of a natural disaster, there may be mass power outages, flooding, and overall destruction. It would cause me a lot of anxiety not knowing what is going on with my job and my colleagues. Additionally, during these times, your clients may be struggling to contact you and wondering, “How does this affect the trajectory of my case?” When creating your firm’s disaster response plan, it will be important to lay the foundation of solid communication – who notifies who and how they are doing it?

Today, we are all more connected than ever with our cell phones and social media, making two-way communication that much easier. At some point in time, I am sure you have received an automated text message that reminds you of an upcoming appointment. This automation can also be set up for your company. There are several online platforms you can utilize for this.

Pro tip: You can also use the software for automated surveys or other communications to your clients. Just make sure they opt in first!

Messages can be customized to mass update your team. If your firm is smaller and cannot justify this expense, create a simple telephone tree.

The firm’s social media profiles should be utilized to post updates on the status of your office(s) and operations. If your hours change or if your office experiences damage that will prolong office services, you can quickly notify everyone with a status update, tweet, or Instagram post. While many people do have cell phones and social media access, there are some who do not. As an extra layer, it would be beneficial to record an automated voice message that notifies clients or providers when they contact your firm what the status of operations are. If this becomes prolonged, you will want to make sure you update the recording often. These measures will provide a solid foundation for communication to continue in times of chaos.

Office Security and Safety

In recent news, we learned of a tragedy in which an attorney lost his life when a client opened fire inside of one of their office locations. This unthinkable act of violence was a devastating blow to the attorney’s family, firm, and legal community at large. Our condolences go out to everyone involved. While this senseless act shook all of us and we hope these things will never happen, the reality of the situation is it could happen to any office, in any profession, by any individual, whether it is a client, a service provider, or a random stranger. Of course, not all tragedies can be avoided, but there are measures that you can take to keep your team as safe as possible.

The security of your building will look different depending on the size, location, and layout. If your office is in a larger building, you likely have a landlord that facilitates security measures for your suite through a third-party vendor. If you are in a stand-alone building where your firm is the solo occupant, you likely have security measures in place through an outside company. No matter the size of your practice, if you are utilizing a third-party vendor for security, consider asking what additional security measures they offer and choose what works best for the size of your firm.

In larger buildings, many office suites already have electronic locks on the doors that you can automate with the security company that installed them. We would recommend keeping your suite locked at all times. Your team can use a fob or code to gain access, and expected visitors can be provided with a temporary code ahead of time or have a way they can alert someone to their arrival and be let in. If it is an unexpected visitor, investigate a call box where the receptionist can speak to them to determine their needs prior to entering the office. You might even consider a panic button up front where reception sits that locks down your entire office while alerting your team members and local law enforcement that there is a threat. While we understand these measures can add an impersonal touch to your office environment, or a lot of hoops to jump through for your clients and potential clients, they are becoming necessary. Team members and clients may feel more at ease and safe with these types of measures in place.

Standing Strong

It is noted in an American Bar Association Center for Professional Responsibility publication that the Model Rules of Professional Conduct are broad enough that certain inactions of a lawyer as it pertains to preparedness for disasters could lead to an ethical violation. This is one of many reasons you want to ensure your firm has a plan and it is reviewed often by the team. If you are wondering where to start, you can check out the American Bar Association Committee on Disaster Response and Preparedness online. There you will find several resources, including guidelines on disaster planning, issues in cyberspace, and guidance on creating a Business Continuity plan.

We cannot predict the severity of bad weather, the next major cyber attack, or the varied threats that loom in the day-to-day world. As leaders of your firm, you should stay up to date on safety measures and do everything you can to prepare your offices and team members. Keeping you, your team, and your clients safe should be a paramount priority.

Learn More About The Author

Kendall Abbott
https://vistact.com/who-we-are/kendall-abbott/

Kendall Abbott

Operations Consultant
Vista Consulting Team
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Ciera Parks

Ciera Parks is a Human Resources Executive with 15 years of experience working in higher education, manufacturing, nonprofits, cannabis, e-commerce, and technology. Ciera advises and partners with businesses on their HR needs to develop strategies that improve workplace culture through customized alignment and training. She has a proven track record of success in developing people strategies that drive performance, improve efficiency, and increase profitability. On top of this, Ciera is well-versed in building effective organizational structures and diversity, equity, and inclusion (DEI) topics.

Ciera’s professional accomplishments in the human resources field include a Master’s Degree in Human Resources Development and a Certification from the Society for Human Resources Management. Ciera has also been elected as The Community Involvement Director and Professional Development Chair for two of Amazon’s employee resource groups (ERGs), been selected as the Director for Diversity & Inclusion by CHRA, and is the President of neXco’s National Cannabis Chapter. These honors are a result of her commitment to leadership and skill development for all workforce populations.

Merrill Hodge

Ever since Merril Hoge was eight-years-old, he dreamed of being a professional football player. Growing up in a small town in Idaho, the goal seemed unrealistic. But Merril didn’t just dream about this goal. From that young age, he used the words “Find A Way” to take action to overcome any obstacle and to attain any goal. In 1987, Merril made his childhood dream a reality when he was drafted by the Pittsburgh Steelers, where he played until 1993 and led the team in rushing and receiving in four of his first five years, setting a record in his third year for receptions by a running back. He is one of only two Steelers players to rush for more than 100 yards in back-to-back playoff games. He was the Steelers Iron Man of the Year two years in a row (1989 and 1990) and was named to the All-Madden team in 1989. Merril joined ESPN in 1995 as a football analyst and sideline reporter. He has since served as a host and analyst for a wide variety of ESPN programs.

In 2003, the habits and mindset that Merril formulated throughout his childhood and carried into adulthood, helped him Find A Way to overcome the ultimate challenge – cancer. Merril took on chemotherapy with the same tenacity that got him to the NFL and beat it. Through the difficult moments, Merril found inspiration, and on July 2, 2003, Merril was cancer-free. Merril loved playing in the NFL and loves working at ESPN but what he cherishes most is being a dad. He has used his Find a Way philosophy to become a better parent and to challenge his kids to take ownership for their lives.

Scott Miller

Capping a twenty-five-year career in which he served as chief marketing officer and executive vice president, Scott Miller currently serves as FranklinCovey’s special advisor on thought leadership, leading the strategy, development, and publication of the firm’s bestselling books and thought leadership. Miller hosts the FranklinCovey-sponsored On Leadership with Scott Miller, the world’s largest and fastest-growing weekly leadership podcast, reaching more than six million people. Miller also authors a leadership column for Inc.com, hosted the weekly iHeartRadio show Great Life, Great Career with Scott Miller, and hosts and moderates FranklinCovey’s Bookclub.com series with world-renowned authors.

Miller is the author of the multivolume Mess to Success series, including Management Mess to Leadership Success: 30 Challenges to Become the Leader You Would Follow, Marketing Mess to Brand Success: 30 Challenges to Transform Your Organization’s Brand (and Your Own). He is the coauthor of the Wall Street Journal bestseller Everyone Deserves a Great Manager: The 6 Critical Practices for Leading a Team and the author of the Amazon #1 Bestseller Master Mentors: 30 Transformative Insights from Our Greatest Business Minds, which features insights from his interviews with the leading thinkers of our time, including Seth Godin, Susan Cain, General Stanley McChrystal, and many others.

Connie Podesta

Connie Podesta is a game-changing, revenue-building, sales-generating ball of fire whose rare blend of laugh-out-loud comedy, killer take-away strategies, and interactive, no-power-point delivery style have made her one of the most unique and memorable speakers on the stage today. 25 years. Two million people. 1,000 organizations. Hall of Fame speaker. Award-winning author. Seven books. Former Radio/TV personality. Therapist. Expert on the psychology of sales, leadership, change, accountability, and engagement. Amazing ROI. Plus (what we all could probably use in today’s crazy world )… a Comedienne.

Kendall Abbott

Kendall joined the Vista Team in 2022 as an Operations Consultant. With a keen eye for operations optimization, she specializes in areas such as intake, client touch points, and departmental organization/structure.

Kendall has worked in the personal injury realm for the last seven years, serving as the Firm Administrator and later the Director of Office Operations for a prestigious plaintiff firm in North Carolina. There her leadership mission was to implement solid systems and processes that created an optimal client experience, encouraged firm growth, and expanded the firm’s reach.  Prior to becoming the Firm Administrator, Kendall created, developed, and managed the firm’s intake department.  Her deep expertise in all aspects of a successful personal injury law firm will help her guide Vista clients toward new levels of growth.

Bill Biggs

Bill joined the Vista Team in 2022 as a Culture Architect | Leadership Strategist. Bill is also serving as the CEO of Jeffrey Glassman Injury Lawyers and is considered one of the nation’s most innovative thinkers in law firm leadership. His unique perspective on culture and ability to inspire and multiply leaders has created a movement reshaping firms across the country. He is the founder of the Law Firm Leadership Summit, host of the Transforming The Culture of Law Podcast, limited engagement consultant to select firms, and is relentlessly committed to spreading his message of Love Your People & Demand High Performance as a platform for organizational success. He is also the President of Biggs & Associates serving high value sports professionals and franchises as a brand and messaging strategist. His distinguished client list includes Heisman Trophy winners, NFL HOFers, NBA champions, Olympians, and many of the top teams in college and professional sports. Bill is a Phi Kappa Phi graduate of Texas A&M University and completed his executive training through the CORe program at Harvard Business School.

He lives in College Station, Texas, with his beautiful wife, two sons, and a herd of dogs.

Tim Mckey

Tim co-founded Vista Consulting in 2009, along with his partner Chad Dudley. Vista’s aim was to help plaintiff law firms reach their full potential. In December 2017, Tim acquired Chad’s interest in Vista. Tim and Chad remain very close friends to this day! Tim has decades of CPA experience with local, regional, and national CPA firms. However, it is through Tim’s prior consulting practice that he found his passion. He has worked with many business owners, assisting them with defining and attaining success in their business and personal lives. Developing a management philosophy with business owners along with the associated systems and processes that assist in delivering outstanding management to Vista’s client teams is Tim’s forté.

Dr. Heather Carroll

Dr. Heather Carroll holds a Doctor of Business Administration in Industrial and Organizational Psychology. She specializes in areas such as job satisfaction, motivation, burnout, and organizational commitment, particularly as these workplace factors apply to the legal industry.

During her nearly 20 years of legal experience, she has held many roles from Case Manager, to Litigation Paralegal, to HR Manager, to Firm Operations Administrator. The majority of Dr. Carroll’s legal experience has been in the area of personal injury. However, she began her legal career at a labor union by assisting in the negotiations of a new collective bargaining agreement between a major US airline and their pilot group. It was through that experience that her interest in team and operational matters, within a legal setting, took root. Many years, and a doctorate, later helping legal teams thrive through increased operational efficiency is her passion.

Dr. Carroll resides outside the Seattle/ Tacoma area of Washington currently. She is a military spouse and a mom of three.

Ryan LaRoque

Ryan joined the Vista team in 2014 as a Programmer. He has more than fifteen years of experience working in various finance and accounting roles with a strong background in IT and management information systems. Ryan codes in Visual Basic and is an expert with all Microsoft products. He works closely with Vista’s Operations Consultants to build out custom dashboards for our clients. These dashboards become integral in our clients’ success. Ryan is skilled at assessing and understanding our clients’ requirements and translating those into clear and concise reporting tools that allow our clients to improve firm operations.

Mary Ellen Murrah

Mary Ellen Murrah joined the Vista Team in 2019. Prior to joining Vista, Mary Ellen spent more than 16 years managing and marketing a national, legal case management software company. That position introduced her to thousands of personal injury law firms across the country. She was a familiar face at annual legal events and a frequent voice on topics ranging from legal marketing to data integrity. Over the years, she’s forged meaningful relationships with legal vendors, which has provided keen insight on almost every corner of the legal industry. She is skilled in identifying law firm business improvement opportunities and brings her extensive operations, team management, and industry knowledge to the Vista team. Mary Ellen has a true passion for tackling projects with common sense management. Her eye for detail, human resources experience, and deep operations skills are an asset to help law firms grow their businesses and help attorneys foster and maintain efficient, profitable practices.

Pam Travis

Pam joined the Vista Team in 2020 as an Operations Consultant. She began her career more than twenty years ago at a personal injury law firm where she served as Law Firm Administrator for close to a decade. In that role, she became intimately familiar with the nuances of personal injury firms and developed a keen eye for improvement and success. She then took her passion for data management and effective processes to a national, legal case management software company. There, she worked with hundreds of law firms across the country to help them implement a new system that allowed them to collect and analyze their data and institute seamless workflows. She then transitioned to the role of Training Director for a large personal injury firm where she served as project manager for a massive data conversion and software platform shift. Ultimately, she yearned to get back to her roots, traveling the country, meeting thousands of attorneys and team members, and helping them transform their business.

Stephanie Demont Mastroni

Stephanie joined the Vista Team in 2009 as an Operations Consultant. She brings her knowledge and experience in management and operational excellence to our team. Prior to joining Vista, Stephanie spent twelve years working for insurance claims departments and five years as a Chief Operations Officer of a multi-office, northeast, personal injury firm. She is admitted to practice law in Connecticut, New York, and Tennessee. Stephanie utilizes her experience to assist Vista clients in implementing tried and true solutions in law firm operations. She is an innovative thinker who can apply solutions to clients’ specific circumstances. Stephanie has a knack for assisting COO’s and Office Managers in challenging situations. She has polished coaching techniques and is skilled at helping her clients work through the decision-making process. She is extremely thorough, exhibits strong communication skills, and partners with key client personnel in delivering systems and accountability that drives results.

Terri Houchin

Terri joined the Vista Team in 2018 as an Operations Consultant. After joining a large, multistate law firm in 2004 as a front desk receptionist, Terri quickly realized that her passion for serving others was best utilized in the personal injury firm setting. She developed a love for the legal field. Terri’s passion and desire to understand all aspects of a personal injury case resulted in several promotions to Senior Legal Assistant. In 2015, Terri was selected to join a brand new personal injury firm as Senior Legal Assistant and Office Manager. In this new role, Terri was able to utilize her dedication to the profession and years of experience to help this firm quickly become one of the premier small firms in her hometown. Terri looks forward to helping personal injury firms meet their growth goals.

Amanda Hankins

Amanda Hankins joined Vista Consulting Team in 2017, bringing more than two decades of intimate experience working in personal injury law firms. Amanda’s career at a large, multistate law firm took her from Receptionist to Legal Assistant to Intake Supervisor to Medical Treatment Coordinator. This experience in working in every department of a personal injury firm serves her clients exceptionally well. She’s been there, she knows the struggles, and she knows how to drive progress. She also has experience working with one of the largest medical funding companies as a Business Development Manager. She has a true passion for customer service and loves working with law firms to teach them all avenues of keeping client satisfaction as a top priority.