I’m Not A Cat: Etiquette, Privacy and Security Considerations When Using Video Meeting Platforms

Technology

As working remotely has become the new normal, it’s no surprise that video conferencing platforms like Zoom, Google Meet, Microsoft Teams, and Cisco Webex have seen a tremendous spike in active users. These platforms have become part of attorneys’ virtual practice enabling lawyers to ensure continuity of service to their clients.

Using these platforms, however, have their pitfalls. There was the Texas attorney who brought some much needed levity to a historically difficult year when he found himself unable to remove a cat filter during a court appearance. But the challenges presented by using these platforms can be far more serious. Numerous privacy and security issues have been identified by journalists and security researchers. Just last year, a Washington Post investigation found that 15,000 Zoom recordings were made publicly available in open cloud storage when users failed to safeguard their recordings.

Last month, we looked at commonly implicated ethical rules for lawyers working remotely. In this Article, we take a closer look at video conferencing–offering some etiquette tips and best practices to navigate the ethical challenges of using these platforms.

Starting with the Basics

Get to know the platforms. Familiarize yourself with the settings and meeting configurations for some of the common platforms, including the platforms’ security and privacy options.
Stay Updated. Prior to using the platform, ensure all current updates and security patches have been installed.
Practice. It’s a good idea to test the platform with clients, to ensure they’re familiar with how to join meetings and use the platform.
Connect Securely. Use secure internet connections–a wired network connection or secured Wi-FI network. Avoid Public Wi-FI connections.
Mind the Host. Typically, the host has the most control over which privacy settings are enabled in the platform. If you’re not hosting the meeting, basic confidentiality safeguards should be requested. (More on best practices if you’re hosting, below.)
Be aware some platforms may create chat transcripts as default settings. Ensure your client knows never to use a chat function during a hearing. Use a separate, confidential way to communicate with them during that time.

Connecting Remotely

This sounds obvious, but remember you must be able to be seen and heard. This means that you should not connect remotely to your office computer. Rather, you need to use a device in your physical possession–home computer, smartphone, iPad, etc. Connecting remotely to your office computer is as if you were sitting in your office, so other participants will be only admiring an empty desk chair (far less entertaining than a cat filter) and unable to hear you.

Video Conference Etiquette

Consider using a headset (with microphone) or earbuds as this cuts down on ambient noise.
Be mindful of where you sit during the video conference. The brightness from lamps, skylights, open windows, etc. behind you will make you difficult to see.
Be aware of those around you–take care that family members cannot hear you discussing confidential information.
Mute yourself to reduce background noise and potential disruptions. Unmute yourself when you have something to say.
Become familiar with hotkeys and keyboard shortcuts. Zoom–the most popular video conferencing app–has a help article for hotkeys and keyboard shortcuts.

Best Practices For Hosts

It’s particularly important for hosts to take extra care when organizing and conducting meetings. Recent events involving ” zoombombing ” highlight how lawyers may be at risk for violating the ethical duty of confidentiality and technology competence. With this in mind, here are some best practices:

Require a meeting password. Circulate the password separately from the meeting invite. Check the platform’s settings to make sure passwords are required for all participants, including those just joining by phone.
Avoid using your Personal Meeting ID (PMID) when scheduling meetings. If your PMID is known to someone else, they could join without being invited. While requiring a password helps, better to avoid using your PMID altogether. Opt for an automatically generated unique meeting ID instead.
Require registration. While this feature may not be available on all platforms (or only with a paid subscription), requiring participants to register with email address, name and answering some questions can help reduce the risk of “zoombombing”. After registration is approved, participants will receive information on how to join the meeting.
Don’t let participants join a meeting before you do. You can take advantage of the waiting room feature offered by many platforms. Participants connecting prior to the host are held in the waiting room, and can be admitted individually or all at once.
Lock the meeting after it starts. This keeps out the party crashers. If the platform doesn’t provide this feature, keep track of latecomers so that no one is hanging about unannounced.
Stop other participants from screen sharing.
Turn off File Transfer unless necessary for the meeting. Also, consider sharing documents via secure encrypted email instead.

Recording

Recording (outside the courtroom setting) is controversial and presents several pitfalls. Recordings can be copied with ease, breaching attorney-client confidences, and could lead to ethical complaints if opposing counsel was not consulted.
If you opt to record, it’s recommended to not record to the cloud. Cloud recording means the video conferencing platform stores and manages the data. With a local recording, you maintain control over the distribution of and access to the recording.
Remember that court proceedings are recorded. Just like being in the physical courtroom, everything said (and visible on screen) will be made part of the public record. To comply with public access requirements, many of these remote proceedings will be live streamed or posted to the Internet. If asked to share your screen, remember that everything on it will be visible. So, it’s best to minimize or close any application or document you will not be sharing before the proceeding.
Deposition and witness rules are very important. Courts have varied as to whether deponents communicating by text with lawyers during depositions are the equivalent of talking to lawyers during a break or whispers during depositions. Check your jurisdiction’s rules, and if they are not clear, seek agreement with opponents beforehand about the rules for the deposition. In court, understand that coaching witnesses by text during testimony may cause problems.

Final Thoughts

While video conferencing platforms have been incredibly valuable to lawyers practicing remotely, they also present security and privacy concerns. While no platform will be 100% secure, do your homework, stay up to date on the latest features and upgrades, and maybe avoid using those filters.

Editor: Jett Hanna

By Lauren Bianchini