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Law Office of Faye Riva Cohen, P.C. - Articles and Seminars - Over
the course of Ms. Cohen's career, she has published over 65 articles in
various periodicals. Recently, the Law Office of Faye Riva Cohen,
P.C. has had several articles published in various publications, such
as The Legal Intelligencer, Lawyer's Digest, and Upon Further Review,
as well as having led a variety of seminars in the Philadelphia area.
Please take some time and review a sampling of them posted here:
Articles:
Considering Additional Types of Disability or Legal Relief for Your Social Security Disability Clients, Parts 1 and 2,
by Faye Riva Cohen, Esquire and Gina Y. Mosley, Esquire, published in the March 2010 and April 2010 editions of NOSSCR Social Security Forum
There's No Business Like Snow Business,
by James W. Cushing, Esquire, published April 7, 2010 in Upon Further Review can be viewed here:
http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=490ffb02-6d44-4e71-8274-f5a235df6cf2
Exceptions to Ecclesiastical Employment Exemptions,
by James W. Cushing, Esquire, published March 4, 2010 in Upon Further Review can be viewed here:
http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=a0146afb-590a-425b-b7c9-19ece2c87fbf
Double Dipping: Unemployment Compensation and Other Benefits,
by James W. Cushing, Esquire, published February 8, 2010 in Upon Further Review can be viewed here:
http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=8d324196-1876-480c-aa96-4188a711f4c8
Picture Imperfect,
by James W. Cushing, Esquire, published December 7, 2009 in Upon Further Review can be viewed here:
http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=4a7d38d8-6c59-4186-ba6a-3a96bad2fec2
Divorce After Death?,
by Adam S. Bernick, Esquire, published December 7, 2009 in Upon Further Review can be viewed here:
http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=a96303af-d735-4dc7-b513-09e3e0b72479
U.S. Supreme Court Weights in on Beneficiary Issues in Savings and Investment Plans,
by Adam S. Bernick, Esquire, has been reprinted in the November 10, 2009 in Upon Further Review can be viewed here:
http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=f43d9ee4-3eb9-4e7f-a395-7c013fd18e1f
Alternative Pleading in a Divorce Action? No so Fast!,
by James W. Cushing, Esquire, has been reprinted in the November 10, 2009 in Upon Further Review can be viewed here:
http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=cc334c2f-08b3-4953-9cca-2617595bc83c
The Hidden Inequity in Unemployment Compensation Law, by James W. Cushing, Esquire, published October 8, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=6b565654-0c4d-4452-b22a-bc0956cce584
Faye Riva Cohen, Esquire was interviewed by Bizymoms about divorce, and the transcript of the interview can be found here: http://www.bizymoms.com/philadelphia/philadelphia-divorce-attorney.php
Lines Drawn Against First Amendment Rights in Public Schools, by James W. Cushing, Esquire, published August 10, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=421cb54e-b5f1-48da-a6d0-9e03a83e29af
Avoiding Ambiguity in a Will and the Application of the Anti-Lapse Statute, by Adam S. Bernick, Esquire, published August 10, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=8848c8a0-d238-4a6d-b197-19948e29f3b3
I Now [Cannot] Pronounce You Man and Wife, by James W. Cushing, Esquire, published June 8, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=efb3d625-8f28-439a-9aaf-0740824de881
U.S. Supreme Court Weights in on Beneficiary Issues in Savings and Investment Plans, by Adam S Bernick, Esquire, published May 7, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=cc334c2f-08b3-4953-9cca-2617595bc83c
Alternative Pleading in a Divorce Action? No so Fast!, by James W. Cushing, Esquire, published April 7, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=f43d9ee4-3eb9-4e7f-a395-7c013fd18e1f
Episcopalian In-Fighting Spreads to Montgomery County Courthouse, by James W. Cushing, Esquire, published March 9, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=25a2a4c4-0398-4536-b3e6-31334d2a13d2
National Church v. Regional Diocese: Property Ownership by a Religious Institution, by James W. Cushing, Esquire, published January 9, 2009, in Upon Further Review can be viewed here: http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=4357e900-6592-4813-ae58-51a4f4b97974
The Role of Religious Values in Politics , by Darrin P. Dixon in Race, Religion and the Law (2007) and can be viewed here: http://works.bepress.com/cgi/viewcontent.cgi?article=1001&context=darrin_dixon
Informed Consent or Institutionalized Eugenics? How the Medical Profession Encourages Abortion of Fetuses with Down Syndrome , by Darrin P. Dixon in Issues in Law & Medicine, Summer 2008 can be viewed here: http://works.bepress.com/cgi/viewcontent.cgi?article=1000&context=darrin_dixon
The Medical Authorization Process Under HIPAA- Protection or Burden?, By: Samantha Bogin, Esquire; published July 10, 2006, in The Legal Intelligencer
Employed?
Or Not Employed? That is the Question,By:
James W Cushing, Esquire; published: March 30, 2006, in The
Legal Intelligencer
The Number of the Least: Establishing Small Firm Technological Infrastructure on a Shoe-String Budget , By: Ken Ruh, Law Clerk; published: January 30, 2006, in The Legal Intelligencer
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Seminars:
The
Law Office of Faye Riva Cohen, P.C. periodically holds seminars.
If you would like to hold a seminar at your place of employment, house
of worship, meeting hall, et cetera, please feel free to contact this office to arrange it. Recently the following seminars have been held:
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Faye Riva Cohen, Esquire was a lecturer and moderator of the Lorman Education Services Unemployment Insurance 101: Assessing and Responding to Claims for U.I. Benefits seminar in Philadelphia, PA on April 16, 2010
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Faye Riva Cohen, Esquire was the Conference Moderator at the Council on Education in Management’s December 16, 2009 FMLA Hot Topics 2009 Conference
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James W. Cushing, Esquire lectured at Professor Harper J. Dimmerman's Real Estate class at Temple University on December 3, 2009
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James W. Cushing, Esquire and Gina Y. Mosley, Esquire lectured at Professor Mu'min Islam’s Introduction to Law class at Temple University on October 27, 2009
- Adam
S. Bernick, Esquire, on March 28, 2008, held a seminar at Deloitte
and Touche giving a general overview of various estate issues and elder
law.
- Faye
Riva Cohen, Esquire, held a two-day seminar and workshop on May 22-23,
2007 on the Family Medical Leave Act (FMLA), which provided an
extensive overview of the Act and its compliance requirements, on
behalf of the Council on Education in Management. In attendance were
Human Resources representatives from various Pennsylvania companies and
hospitals. The Law Office of Faye Riva Cohen, P.C. practices in various
areas of the civil litigation, including labor and employment law,
state and federal civil rights law and all forms of disability
practice.
- Each Spring
since 2000, James W. Cushing, Esquire holds a seminar at Bucks County
Technical High School giving High School students in Social Studies and
Civics classes an "inside look" at the judicial branch of
government.
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The Medical Authorization Process Under HIPAA: Protection or Burden?
We
will not accept the authorization for the release of medical records
that you had your client complete; he must complete our authorization
instead, because of HIPAA. "The patient must physically come to our
office and sign our authorization in person in order for our office to
release medical records to the patient or anyone else because of HIPAA.
"I can't talk to you at all about your client's health condition
because of HIPAA. These are common phrases I have heard from health
care providers when trying to gather evidence for a client's case.
The
word "HIPAA" has become synonymous with patient privacy. This privacy
concept comes from the Privacy Rule, which developed out of a
Congressional mandate for the adoption of Federal privacy protections
for individually identifiable health information. In the Administrative
Simplification provisions, Sections 261-264, of the Health Insurance
Portability and Accountability Act ("HIPAA") of 1996, Public Law
104-191, Congress directed the Secretary of Health and Human Services
to establish these Federal privacy protections.
The
HIPAA Administrative Simplification provisions directed the Secretary
of Health and Human Services to adopt national standards for electronic
health care transactions. To ensure that this new information sharing
would not jeopardize patient privacy, Section 264 of HIPAA directed the
Secretary of Health and Human Services to establish Federal privacy
protections for individually identifiable health information. Thus, the
Secretary drafted the Privacy Rule and required compliance, for most
covered entities, by April 14, 2003. Covered entities include health
plans, health care clearinghouses, and health care providers.
According
to the Privacy Rule, a valid authorization for the release of protected
health information is required when an attorney is requesting his
client's medical information from a health care provider. See 45 C.F.R.
§ 164.508 (2003). The general requirements for a valid authorization
include:
- a description of the protected health information to be used or disclosed
- the names of person(s) or class of persons authorized to make requested use or disclosure
- the names of person(s) or class of persons to whom the covered entity may make the requested use or disclosure
- a description of each purpose of the requested use or disclosure
- an expiration date or expiration event
- the patient's signature and date
- notification to the patient of his right to revoke, how to exercise that right, and the exceptions to the right to revoke
- notification of the ability or inability to condition
treatment, payment, or enrollment for benefits on signing the
authorization
- an explanation of the potential for the information to be disclosed to another by the recipient and no longer be protected
Although these authorization rules may be followed by an attorney's
office, it does not guarantee cooperation from health care providers.
Any attorney, or support staff, who has attempted to gather a client's
medical documentation to prove his case has undoubtedly heard the
phrase "HIPAA" countless times, as a rebuttal to providing
documentation.
Some may say that the Privacy Rule has empowered patients to have
more control over their health information. However, the way the
Privacy Rule functions in the attorney-client context is anything but
empowering, because clients who want their attorneys to have unlimited
access to their health information are burdened by the barriers their
health providers place on the collection of this important information.
Fear of penalties, misunderstanding of the Privacy Rule, and possibly a
general dislike of the legal profession may all contribute to the
apprehensiveness or unwillingness of certain health care providers to
assist a law office with the development of a client/patient's case.
Whatever the rationale may be, this lack of cooperation can
disadvantage a client's case by delaying the receipt of essential
evidence.
One example of how this lack of cooperation can disadvantage a
client's case occurred when our office was attempting to gather medical
records from a hospital for a Social Security Disability case. These
records illustrated when and how our client began suffering from
auditory hallucinations, paranoia, and depression. The client spent a
week at the hospital in an attempt to stabilize her psychiatric
symptoms. These records were imperative for proving to the
administrative law judge that this client was no longer able to work
due to the onset of her mental conditions.
Our office went through the standard process of calling the hospital
to inquire as to where to send a request for medical records. We
prepared a detailed request and sent it to the medical records
department along with a HIPAA compliant authorization that we had our
client review and sign. In response to this request, the medical
records department refused to accept our authorization and informed us
that a hospital authorization would need to be completed by the patient
(even though it is extremely difficult to even get this client to
answer her telephone, let alone fill out more paperwork). The client
also had a disability advocate, who in the meantime hand delivered a
request for medical records. When she followed up with her request, she
was informed that there was no record of such a request. Our office continued to attempt to receive these much-needed
records. We made sure all of the requested paperwork was completed and
sent another request for medical records to the medical records
department. We called their office daily to ensure that our second
request was received and responded to. When we finally were told that
it was received, we were informed that we were missing the required
hospital authorization. We explained that the requested authorization
was enclosed and that now the hearing was quickly approaching, so we
needed their assistance with this matter. We spoke with the supervisor
who could not assist us further because of "HIPAA". The department
would not expedite the process in any way and their only suggestion was
to resend everything again and then wait to see what happens. Since we had our client's interest in mind and wanted to make
sure the judge had ample time to review these important medical records
prior to the hearing, we were forced to go beyond the medical records
staff and talk to hospital administration. After several telephone
calls and letters, we were able to set up a time to pick up these
medical records. We were glad we went through all of the trouble of
obtaining this documentation because we ultimately won the case for the
client and these records assisted us in proving the elements of her
case. However, our office was forced to spend a great amount of time
and energy conducting the seemingly simple task of gathering a client's
medical records. This type of delay obviously can have a negative
financial impact on a client and could be extremely detrimental to a
client's case. Unfortunately, this hospital staff's behavior is just
one example of how some health care providers function under the guise
of protecting patient privacy. Although it would be ideal for patients to be able to gather
their medical information without the assistance of an attorney, often
times it is necessary for an attorney to handle this part of the legal
process on behalf of their clients (e.g., handling disability cases
where a client has difficulty remembering tasks or physically visiting
a doctor's office).
Attorneys are required to provide diligent representation to
their clients and need the cooperation of health care providers to meet
this obligation. Although the protection of patient privacy is clearly
an important goal, in practice it appears that the real world
application of HIPAA's Privacy Rule is more of a burden on clients and
their counsel than a protection of clients' rights.
By: Samantha Bogin, Esquire
Published: July 10, 2006
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Employed? Or Not Employed? That Is The Question!
It might seem obvious that one of the primary criteria used to
determine whether an individual is eligible for Unemployment
Compensation is for that individual to have been actually employed by
the perceived "employer" he was "working for" before his/her separation
from said perceived employer. Although colloquial parlance equates
"working for" someone/something with employment, Unemployment
Compensation Law makes a distinction between those who "work for"
someone/something under an employment relationship and those who have
an independent contracting relationship. Consequently, when an
individual applies for and is denied Unemployment Compensation, he may
be shocked to learn that his denial is due to the fact that the
person/entity he had been "working for," for however long or short
period of time, was never actually his "employer". While some may say
that this distinction appears to be mere hair splitting, its impact on
whether an Unemployment Compensation claimant is granted or denied
benefits is ultimately dispositive. That is, an individual who has an
independent contractor relationship with an individual/entity is not
eligible for Unemployment Compensation benefits if that relationship is
terminated. It matters not whether the contracting relationship was
terminated for "cause" or was "voluntary" - the mere existence of an
independent contractor relationship renders the potential claimant
ineligible for benefits. Therefore, it is crucial to know and
understand the distinction between employment and independent
contracting in the context of Unemployment Compensation and this
article will lay out the criteria for the definition of independent
contracting as it applies to the collection of Unemployment
Compensation benefits.
Under Pennsylvania Unemployment Compensation Law, if one is an
independent contractor, then one is considered to be self-employed.
Although the statute defines neither independent contractor nor
self-employment, the statute does define "employment" essentially as
follows: " [s]ervices performed by an individual for wages shall be
deemed to be employment subject to this act". 43 P.S. § 753 (l)(2)(B).
The statute continues, establishing basic guidelines as to what
employment is not: "[one is deemed employed] unless and until
it is shown to the satisfaction of the department that--(a) such
individual has been and will continue to be free from control or
direction over the performance of such services both under the contract
for service and in fact; and (b) as to such services such individual is
customarily engaged in an independently established trade, occupation,
profession or business. 43 P.S. § 753 (l)(2)(B).
While describing what employment is not, the above quoted basic
guidelines, conversely, establish the essential criteria for
self-employment (i.e. independent contracting). Consequently, the
Pennsylvania Courts use the following two-part test to determine
whether an individual is self-employed (i.e.: independently
contracting): (1) whether the claimant was free from control and
direction in the performance of the work; and (2) the business is one
that is customarily engaged in as an independent trade or business. (Venango Newspapers v. Com., Unemployment Compensation Board of Review,
158 Pa. Cmwlth. 379, 631 A.2d 1384 (Pa. Cmwlth. 1993), holding that
where claimant did not receive on-the-job training, supplied his own
tools and had no taxes deducted from the sums received, claimant was
not an employee.) As the claim that an individual is not an employee
but rather an independent contractor is essentially an affirmative
defense made by the alleged employer against the claim for benefits,
the alleged employer generally has the burden to prove that the
claimant is not an employee.
To determine whether an individual is free from the control and
direction of an employer in the performance of work, the Pennsylvania
Courts frequently look to eight factors. No one factor is determinative
as to whether an individual is an employee or independent contractor,
and the Court generally considers and weighs all eight factors in the
employment relationship.
The eight factors considered by the Court are as follows: first, the
Court examines how the job was performed. Specifically, the Court is
more likely to decide that an individual is an independent contractor
if he sets his own hours, creates his own work/task agenda, and/or
decides how many other workers are needed for a particular task.
Second, the Court looks at whether there was a fixed rate of
remuneration. Who decides the cost of the services being provided? Who
decides when/if raises are granted? A worker who establishes his own
pay rate and decides when his own pay rate increases or decreases is
functioning more like an independent contractor than employee. Third,
the Court notes whether taxes are deducted from the claimant's
remuneration. The Court is more likely to rule that a worker is an
independent contractor if the worker receives a 1099 form and is able
to deduct expenses and be responsible for paying his own taxes. Fourth,
the Court also notes whether the alleged employer supplies the tools
necessary to carry out the services being provided. If the worker must
provide and use his own tools to carry out his tasks, the Court is more
likely to rule that the worker is an independent contractor. Fifth, the
Court ascertains whether the alleged employer offers on-the-job
training. If an alleged employer provides on-the-job training, the
Court is more likely to rule that there is an employment relationship.
Sixth, the Court discerns whether there were regular meetings with the
alleged employer. Regular meetings generally will signify an employment
relationship. Seventh, the Court inquires into whether the claimant
suffers risk of loss when claimant's expenses exceed income. In other
words, if the business fails, will the alleged employee merely lose his
job, or will the alleged employee have the responsibility to satisfy
the business "potential creditors If the alleged employee merely loses
his job, and has no responsibility to address the business' creditors,
then the Court is likely to rule that he is an employee rather than an
independent contractor. Eighth, the Court investigates into whether the
claimant was compelled to look only to the employer for further
employment. If a worker regularly sought and/or acquired the same or
similar work from other sources, while already engaged with an alleged
employer, then the Court is likely to rule that the worker had
independent contracting relationships with his "employers. See, e.g., Venango, 157 Pa. Cmlwth. 379, 631 A.2d 1384 (Pa. Cmwlth. 1993); Kelly v. Comm., Unemployment Compensation Board of Review,
107 Pa. Cmwlth. 261, 528 A.2d 294 (Pa. Cmwlth. 1987) (holding that
claimant was self-employed where claimant was paid a lump sum for his
performance, and he was not compelled to look only to general
contractor for further employment); Pavalonis v. Comm., Unemployment Compensation Board of Review,
57 Pa. Cmwlth. 289, 426 A.2d 215 (Pa. Cmwlth. 1981) (holding that
claimant was self-employed when claimant supplied all of his tools and
materials, did not receive any on-the job training, did not receive a
fixed hourly wage and had no taxes deducted from the sums received from
employers).
To determine whether a business is one which is customarily engaged
in as an independent trade or business, the Pennsylvania Courts
consider two factors: (1) whether the claimant is capable of performing
the activities in question for anyone who wish to avail themselves of
the services; and (2) whether the nature of the business compel the
individual to look only to a single employer for the continuation of
such services. See, e.g., Venango Newspapers, 631 A.2d 1384 (Pa. Cmwlth. 1993); Kelly, 528 A.2d 294 (Pa. Cmwlth. 1987); Pavalonis, 57 Pa. Cmwlth. 289, 426 A.2d 215 (Pa. Cmwlth. 1981).
The two above-mentioned factors essentially revolve around a
worker's loyalty to the individual/entity providing him with the work.
Is the worker permitted to do the same work for two different (even
competing) individuals/entities simultaneously? Does the worker recieve
all of his work from a single individual/entity? May/must the worker
seek work from more than one source? Perhaps most importantly, who
decides where the worker can perform his services? If a worker is
constrained to work for a single individual/entity and/or cannot select
himself where he will perform his services, then the Court will weigh
these factors in favor of the worker being in an employment
relationship rather than an independent contracting relationship.
Significantly, the amount of money a worker receives is not a
determinative factor in these analyses, as even a small sum earned does
not automatically remove the designation of "independent contractor".
Ultimately, all of the above factors can essentially be reduced to a
single word: freedom. Does the worker have the freedom to set his own
schedule? The freedom to establish his own pay rate? The freedom to
work for competing businesses simultaneously? As a corollary, does the
worker have to bear the responsibilities associated with this freedom,
such as deducting his own taxes, using his own tools, and bearing the
risk and burden of financial loss in the business? In the end, the more
freedom a worker has the more likely the Court will find that he is an
independent contractor (self-employed); the less freedom a worker has
the more likely the Court will rule that the worker is an employee.
By: James W. Cushing, Esquire
Published: March 30, 2006
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The Number of the Least: Establishing Small Firm Technological Infrastructure on a Shoe-String Budget
The book of Revelation refers to the "number of the beast" - a
"code" or form of identification without which man can neither buy nor
sell. Many commentators have argued that this is an analogy for man's
growing technological dependence in the Information Age. Individual
commentaries on biblical text notwithstanding, the analogy certainly
applies to the practice of law in this new millennium. Although law
schools still teach the tradition methods of "paper research", they are
also offering an ever increasing number of courses instructing law
students on the use of information technology and computer-based
research. The federal courts have moved fully into electronic filing
for the processing of nearly every species of legal filing and the
state courts which have not yet done so, will do so in the very near
future.
In short, the legal profession, like nearly every other aspect of
economic and social endeavor in contemporary American society, has
become so dependent upon information technology that the legal
practitioner who eschews that technology will be hard-pressed to
efficiently and/or effectively ply his/her trade. While large firms
generally have more capital to invest in both the necessary technology
and the personnel adept in its deployment, use and maintenance, the
sole practioner and the small firm may be more financially constrained
This article proposes to suggest various options, methods, and tools to
establish a technological infrastructure sufficient to allow the sole
practioner and the small firm to effectively, efficiently and
economically engage in the art of lawyering in the Information Age. For
the purposes of this article, a small firm will be defined as one
requiring a network of no more than nine computers, or workstations.
This article also presupposes that your firm's office space has network
wiring pre-installed, and that the operating system (OS) installed on
each computer on the network is Microsoft Windows XP Professional tm (XP Pro).
First and foremost, your firm will need a method of connecting to
the internet. An internet connection is necessary for email, online
legal research and electronic court filing. No matter what your firm's
method of connecting, an Internet Service Provider (ISP) will be
required. There are various ISP vendors in the market, the largest and
best known probably being Verizon tm, Earthlink tm and Yahoo tm
. Each provider will offer various packages for small businesses, so
shop around for one that best meets your firm's needs and budget. While
three methods of internet connection are offered by various ISP
providers, (DSL, Cable Modem, Telephone Modem), DSL is recommended as
it possesses a combination of data transfer speed, cost effectiveness
and ease of use far superior to the other two methods.
Routers are devices that allow a given number of computers to
connect to the internet, and, at the same time, to each other. Routers
also have security features built into them to frustrate outside
attempts to hack networks, effectively standing between your network
and the internet, providing a security buffer, while at the same time
"routing" data from the internet to a given network and, in turn, among
the computers that comprise that network. A good 4 port "wired" router
costs about $50, and can support a nine workstation network through the
use of switches. Switches, like routers, allow several computers to
connect to a single data line, but are less secure and efficient than
routers, while being much less expensive, running $10-$20 per unit.
Switches are most useful when used in conjunction with a router to
allow 2-4 computers to share a single router port.
Computers on wireless networks connect through a card inside each
unit that sends signals to, and receives signals from, a central
wireless router which is, in turn, connected to the internet through
your firm's chosen ISP provider. The cards cost $50-$70 and a competent
wireless router will run from $70 to $200. For a nine-station network,
total cost would average about $700. Wireless routers, however, are
generally not recommended as they are less secure, less reliable, and
more expensive than the hard-wired alternatives.
Two options exist for connecting the firm's small office network:
Peer-to-Peer (P2P), or client server (CS). A P2P network connects work
station computers to each other and, through a router, to the internet.
Software applications (word processing, web browsers, etc) are
installed and operate on each computer individually. A CS network
requires that the router and all workstations (clients) connect through
a central computer (server). Software applications are installed on the
server only and the workstations access that software by way of access
accounts, purchased from the software provider on the basis of the
number of anticipated users. Of the two options, P2P is preferable for
networks of nine (9) computers or less. XP Pro supports such a network
natively and it is very easy to set up, whereas CS networks usually
require some level of specialized knowledge and software to configure.
The general rule of thumb is, if the firm does not plan to expand its
network beyond nine (9) workstations within a three (3) year period,
use P2P.
As to the computers themselves, a low-end workstation is more than
adequate to handle the computing needs of a small firm. The minimal
specifications for such a workstation are: Processor - Pentium Celeron tm;
Memory - 256 MB; Hard Drive - 40 GB; CD ROM read/write (R/RW) drive.
Such units can be purchased from various computer vendors (i.e. Dell tm, Gateway tm
, etc.) for about $500, including a monitor and XP Pro pre-installed.
While not absolutely necessary, it is highly recommended that one
computer on a P2P network be detailed to central storage of all the
firm's files (file server). Not to be confused with the server on a CS
network, a file server does not store software used by the computers on
the network, but does contain all data files (word processing
documents, etc.) generated and maintained by the firm. These files can
be accessed by any computer on the network by way of an easy to use
network function in XP Pro called "file sharing." Also, in order to
minimize the risk of virus infection and/or accidental data
corruption/erasure, this computer should not be used as a workstation,
nor should it be used to navigate the internet except to locate and
download drivers and other software needed for smooth operation. In
order to preserve the firm's data in the event of a crash or other
critical system failure, the file server should be equipped with a DVD
R/RW drive for backing up the firm's files on a daily or weekly basis.
A single standard double-layer DVD, costing about $.50 per disk, will
record up to 6 GB of data, which is more than enough storage for the
amount of data files generated and maintained in most small firms.
The internet offers a legion of free and useful software
applications ("Freeware"), which can save a small firm hundreds, if not
thousands, of dollars. Other types of software allow free use for a
limited time or with restricted functionality until a fee is paid
("Shareware"), allowing the user to "try before you buy." Be sure to
read the End User License Agreements (EULAs) for each piece of software
the firm is considering as it may contain restrictions on use for
business purposes. If such restrictions exist, use at your own risk.
For virus protection, it is difficult to match AVG Free tm. For firewall protection, ZoneAlarm tm
is highly recommended. Although prone to certain compatibility issues
when translating documents generated by other word processing programs
(i.e. Microsoft Word tm ), Open Office tm is a free and complete office suite offering features comparable to Microsoft Office tm
, including word processor, spreadsheet, multimedia presentation suite,
and a native Portable Document Format (pdf) converter, which is
essential for converting word processing files to pdf format for
electronic filing. For web browsing, the best free browser is Mozilla Firefox tm.
It has no restrictions on business use, and is cleaner, leaner and much
more secure than other free browsers, including the one that comes
bundled with XP Pro. Equally attractive is Mozilla's free email client,
Thunderbird tm. For reliably calculating filing deadlines, Acute Software tm offers a handy, free date calculator.
For instant messaging (IM) between the personnel in the firm,
Pidgin tm is
a free IM client that will handle most preexisting IM accounts without
advertisements or pop-up windows. For detecting software applications
surreptitiously installed by advertisers (Adware and Spyware), Lavasoft's tm AdAware tm
is difficult to beat. Also, it should be noted that there are several
excellent commercial software titles on the market, so shop around and
decide whether your firm needs commercial software, or can suffice with
freeware.
As to the fax, laser printer and copier machines common to all
offices, these can be replaced by an all-in-one unit, which
incorporates each function into a single unit. While each of these
roles has been traditionally fulfilled by separate machines, the
all-in-one units offer the best bang for the buck and can be made
available to the entire network from a single workstation through the
use of an easy to use function in XP Pro called "printer sharing."
Aside from the obvious necessity of the printer, copier and fax
functions, most of these all-in-one units also offer a scanner
function. A scanner is absolutely indispensable for rendering hardcopy
exhibits into pdf format for electronic filing. Considering that the
legal profession often entails the processing of large amounts of
paperwork, be sure to check the specifications of any machine the firm
is considering in order to ensure that it will be capable of handling
the load, and that the unit in question has some form of bulk feed
function equivalent to a copier. Single page scanners are not up to the
task and, if chosen, will form a production bottleneck. The most well
known manufacturers for such machines are Hewlett-Packard tm, Panasonic tm, and Canon tm .
In conclusion, this article has attempted to offer an overview of
methods by which a small firm with constrained finances may establish
the technological infrastructure necessary to compete effectively in
the field of legal practice in the Information Age. Given the length
constraints inherent in an article such as this one, the subjects
addressed herein have only been touched upon, and can be further
developed with diligent research. For more Freeware and/or Shareware,
check out sourceforge.net and www.tucows.com. For further education on hardware, software and nearly everything tech, www.tomshardware.com is highly recommended. For reviews of software and hardware, consult www.cnet.com. For low-cost hardware and software with fast delivery, try www.newegg.com and www.tigerdirect.com.
By: Ken Ruh, Law Clerk
Published: January 30, 2006
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