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With Some Caution
While fex work may seem like the ticket to success, there is a
downside too. There are also psycho-social reasons that tech-
nology can’t replace human interaction completely. It has been When employees are
proven that fexible arrangements still need to include some “
form of in-person engagement for a percentage of time. Em- given a choice about
ployers should also ensure to provide information and advice where, when, and
to help employees adjust to fex work, as it can produce feelings how they work, they
of isolation and reduced visibility, which can affect productivity are more productive,
and career progression in the long term.
There are numerous solutions that can help with the “team” engaged, and loyal. ”
side of work. Products we use regularly, such as Dropbox, Trel-
lo, Google Docs, Zoom, make collaboration in a virtual world
simple and effective, and new tools are being released every day.
Regularly ask colleagues about their favourite tools for effcien- This is especially true when dealing with privileged or con-
cy and collaboration—I am amazed at the tips and tricks I am fdential material. It doesn’t make it impossible, but more due
learning all the time. diligence must be practiced. Look to your peers, other orga-
For managers specifcally, leading a fexible workforce can be nizations and law societies for guidance and best practices on
challenging for those used to a more traditional model. A com- moving to cloud-based solutions. They may have checklists and
mon misconception is that the choice is all or nothing, notes guidelines to help balance the effciencies gained by using the
Shaw Business. “Managers worry that they will never see their cloud with the practicalities of protecting the data and fulflling
people. In fact, it’s a mix of [fex work] options that work best.” your professional obligations.
This often means the physical offce becomes the collabora- One fnal, important aspect to remember about the legal
tive space and the remote workspace or home becomes where team is that they can be both participants in and guardians of
concentrated work happens. To experience the benefts of fex the process. They should be key players in developing fex work
work, the company needs to have top-down support and trust guidelines and protocols that support both employees and the
in employees to do their work. employer. The employer’s responsibility doesn’t stop at the of-
In addition, the primary driver behind the ability to offer fce door. The legal team can help provide practical manage-
fex work is technology, but technology comes with inherent ment tools to minimize risk and foster success. ❚
risks. Recent reports of data breaches, wiki leaks, hacking and
cyber crime make everyone nervous as we move further into a We will be holding a session on virtual legal teams at the CCCA
technology-based environment. Powerful mobile devices and National Conference in April, which will include tools, tips and
secure, web-based technology are critical to fex work. The re- tricks to help you and your organization make the move. For more
lated issues of privacy and security must be addressed at the information, visit www.ccca-accje.org/2017conference.
outset to ensure your organization’s data is kept safe within
this environment.
Cathy Cummings is the Executive Director of the CCCA.
What about privilege and confidentiality in a flexible work environment?
No matter where you are located or what your offce space looks ● A segregated workspace for privacy
like, your responsibility to your client remains the same: fulfll your ● The use of headsets versus speakerphones to prevent third parties
professional and ethical obligations. Your law society sets out pro- overhearing conversations
visions for protecting and securing your clients’ confdential infor- ● The use of electronic records as opposed to paper records to re-
mation, which do not change based on your work environment. duce inadvertent access to sensitive information
In addition, organizations offering fexible work arrangements ● Secure and freproof storage or cabinets for any work materials
should provide policies, rules and guidelines to their employ- taken home
ees. For example, TELUS requires the following of its work-at- ● Proper transport and disposal of work records
home legal team: ● A “clean desk” at the end of each work session
● Compliance with our connectivity and network security requirements
18 CCCA MAGAZINE | WINTER 2016 HIVER