Nationwide Law Firm Faruqi & Faruqi, LLP, Highlights Best Practices for Having Video Conferencing with Clients

Before the coronavirus pandemic, a growing number of law practices — from small boutique offices to large multi-site firms — were utilizing video conferencing to connect with clients. It was seen as a client-centric, convenient and cost-effective way to maintain engagement.

However, what has dramatically changed in the last few months is tens of thousands of lawyers and law firm staff (e.g. investigators, researchers, practice managers, administrative assistants, etc.) have temporarily migrated from a corporate office to a home office, and video conferencing has shifted from an optional nice-to-have, into an essential communication channel.

The good news is that the internet infrastructure in the U.S. is far better today than it was several decades ago. However, the bad news is many law firms that are relatively new to video conferencing technology are struggling to make this communication channel work for them and, ultimately, for their clients. Ideally, their staff would have months to experiment with different products, enroll in training, and have a structured ramp-up to ensure a smooth transition.

To close this knowledge and experience gap and help law firms make video conferencing work for them (and their clients) instead of against them, here are three best practices according to Faruqi & Faruqi, LLP, a nationwide law firm that focuses on complex civil litigation in multiple practice areas, including personal injury, consumer class action, securities, merger and transactional, shareholder derivative, and wage and hour litigation:

1. Focus on Security

Various video conferencing vendors have come under attack in recent weeks due to significant, and in some cases glaring, security flaws in their products. While these vendors have vowed to plug holes and strengthen vulnerabilities, in the meantime law firms need to ensure that any software they use supports end-to-end encryption, randomized meeting IDs, participant passcodes, meeting lockout, and participant expulsion.

Commented a representative from Faruqi & Faruqi, LLP, which is marking its 25th anniversary in 2020: “It is also a good idea to choose a product that enables clients to wait in a separate virtual waiting room if they arrive early to meetings, and for hosts to have the ability to verify that only those who are invited are allowed to be there.”

2. Prepare Clients

When meeting in-person or while having a phone call, lawyers can be assured that the information they are sharing — which often covers confidential and sensitive issues — is only being heard or seen by their client. However, virtual conferences diminish this assurance, and as such it is imperative for clients to be prepared so they know what to do — and what not to do. Specifically, they should be advised not to share any links that may be provided during the video conference, they should confirm that nobody else is beside them (or withing visual/hearing range) who is not part of the meeting, and they should explicitly provide their consent to communicate via video conference.

“Getting clients to make sure they are in a private space is important even if the planned engagement is a relatively simple check-in or update”, states Faruqi and Faruqi. Sometimes during these types of conversations, issues arise that require a deeper exploration, and for which privacy and confidentiality are a must.”

3. Keep Detailed Records and Logs

While advanced video conferencing tools support recordings, law firms need to go a step further and keep detailed records and logs on start and end times, the names of all participants, and meeting minutes. It is especially important to capture all aspects of client consent, such as assent to accept remote-executed documents via courier, and assent to have the video conference recorded.

It is extremely important for lawyers to make sure that clients are aware of, comfortable with, and grant their consent for video conferences to be recorded. Even if they are operating in a state that allows one-party consent, obtaining explicit client approval is appropriate and ethical. Clients should be informed that recordings serve as references that can help avoid misunderstandings in the future, which is certainly in their best interest.