Conflicts

When taking on new business, firms frequently discover conflicts. In response, firms often create an ethical wall -- a restriction to prevent staff from accessing sensitive client information.

Importantly, this approach to conflicts management is often only possible subject to client approval. If clients have doubts about the firm's ability to implement a wall, they may withhold consent, and the firm may be prevented from accepting the new business. In these instances, firms emphasize their use of ethical walls as a means to assuage client concerns and secure a waiver.

The Problem

Traditionally, law firms implemented ethical walls procedurally, through notification memoranda and by restricting access to physical records. However, with more and more information stored in easily accessed software-based repositories, firms must extend protections to systems for document management, records management and other information storehouses.

Trying to automate enforcement, some firms employ early generation security tools to lock down their document management repositories. But this approach is incomplete and risky as legacy tools:

• Only shield information stored in a document management system
• Impose considerable administrative burdens, making it difficult to keep wall definitions up to date
• Do not notify attorneys regarding the restrictions they're subject to
• Provide insufficient logging and reporting capabilities necessary to satisfy insurance carriers, the court or clients

In today's environment, opposing counsel are more willing than ever to leverage any advantage or perceived weakness in court in order to obtain disqualifications. And clients are asking tougher questions before granting waivers. It's vitally important that firms demonstrate the use of the strongest ethical wall protection available.

To address these issues and stay ahead of the competition, leading firms are increasingly employing a new class of ethical walls.

The IntApp Solution -- Wall Builder

Wall Builder from IntApp is the only solution that automates the creation of walls, monitors staff behavior in real time to ensure proper wall enforcement, and extends walls beyond document management libraries to all repositories where sensitive information is stored including CRM, records, accounting, enterprise search and other systems.

By embracing the most stringent security practices firms are controlling the risks associated with conflicts management and better positioning themselves with respect to their peers in the eyes of their clients and the court. The value of preventing a single disqualification or client departure warrants the strictest compliance available.

Lateral Hires