BlackBerry: The best tool for desperate (a.k.a all) lawyers?

“Our company policy does not permit us to interact with firms and attorneys who are utilizing the free version of Google apps for their email due to concerns regarding confidentiality and ad-based scanning of all inward and outward communication by Google servers. We also require legal professionals aiding us to be able to respond to emails and correspondence ASAP considering the nature of work involved. Please let us know if your practice migrates to a more secure email platform with push email support and we’d be happy to work with you.”.This surprising email was from a prospective client after multiple meetings. Since my law practice is a startup and has no access to its own email server, nor does it have any continuous revenue to subscribe to a secure (and necessarily paid) email service, the prospective client could not be engaged. The email presented two problems, first, the issue of privacy and scanning of email, and, second, the issue of promptness i.e., push support in response..These issues got me thinking about my possible options. As far as the issue of privacy was concerned, the options available for a startup with capital restraints was either a personal email address or a custom domain with a free Google apps supported address (other options such as Microsoft existed, but each presented its own set of problems). For the sake of professionalism, I chose not to use my personal gmail address for my practice and instead bought a domain and tied it to Google apps (free edition). Recently, however, Google has stopped offering the free version of Google Apps and offers only a paid variant of Google apps (Google Apps for Business)..A perusal of the terms and conditions and privacy policies by Google explains the prospective client’s concerns regarding privacy. The ToS for Google Apps – Business indicated the modification of Clause 1.4 which reads differently in the ToS for Google Apps – Free. Now, Clause 1.4 of the Business edition provided users the right to completely opt out of relevant ads while Clause 1.4 of the free edition mandated that the user consent to Google serving ads. Google explains that it provides contextual ads by automatically scanning user’s emails for keywords, this explanation can be found in the support article, here. Recently, Google also went on to state in a Motion to Dismiss that all email users must necessarily expect that their emails will be subject to automated processing. In essence, considering the above, Google has gone out to state that users expecting privacy and confidentiality will necessarily need to pay more and despite paying more, the ToS do not provide the user with any absolute guarantee regarding the non-scanning of email..Setting aside concerns regarding privacy and scanning of emails, Google Apps at least supported Exchange Active Sync Support i.e., multiple devices could be setup to use the Google apps email address and email was ‘pushed’ to all devices through the Exchange Active Sync protocol. For e.g., I could conveniently use my iPhone / iPad and email was instantaneous on both. However, after January 31, 2013, Google stopped supporting Exchange Active Sync for both gmail users and Google Apps (free edition) users. This meant that my practice lost out on push email and emails from clients were not received the moment they were sent. In some, if not all cases, the response time mattered. Google users who wanted push email after January 31, 2013 were forced to download the gmail App on iOS. This meant deviating from the native interface and resorting to another external program to process email or utilize android devices. Additionally, various tech blogs indicated that Google had plans to introduce ads even on these custom apps both on Android and iOS, which meant even more privacy issues for lawyers..These concerns were persistent, and no obvious solution presented itself until a few days ago, when Blackberry finally launched their BBM (Blackberry Messenger) for iOS and Android. The App became popular within an extremely short span of time because of the mass base BlackBerry had built over the years. The popularity of BBM provided a brief glimpse into the time when all tech-savvy lawyers could not be separated from their Blackberries, all notices and threats proudly proclaimed ‘Sent from my BlackBerry smartphone.’ Times changed thereafter due to various internal issues faced by the company, delayed product launches, staff layoffs, and the competing devices that boasted of a better interface, better technology etc. Users were quick to abandon their BlackBerries for newer devices. However, hindsight reveals that none of these phones actually managed to nail down the email and messaging experience offered by BlackBerry, nor were they able to match the tactile experience offered by the BlackBerry physical keyboards. Though technocrats can argue that these new devices were as secure and private as a BlackBerry, much can be gleaned from the fact that the Department of Defence, USA still prefers BlackBerry devices and they continue to enjoy mass deployment..All these factors lead to an inevitable conclusion – if a startup/independent lawyer who is desperate for work needs instantaneous communication on a limited budget, the only viable option would be a BlackBerry. Sure, it does not offer a shiny interface and great apps, but for a lawyer whose only USP is instant and prompt client support, a BlackBerry gets the job done. All email is actively pushed to the device irrespective of provider, this addresses the second problem of immediacy raised above. Tantrum throwing clients, or rather their emails, can be responded to quickly while running between matters reaching in multiple Court halls because of the easy to use and simple, physical keyboard. The only catch is that BlackBerry’s true push is available only on their phones prior to their OS 10. Devices post BlackBerry OS 10 support push email only through the exchange or active sync protocol or IMAP IDlE protocol..Since concerns regarding push email are addressed if a BlackBerry is used, lawyers are free to use any email service that allows for custom email addresses and one that does not automatically scan emails and enters into suitable confidentiality agreements. Additionally, all devices using the same email can stay synced through IMAP, CalDAV etc. Instant Messaging has also become cross platform with BBM being available for a larger user base. However, needless to say, this will all become moot if BlackBerry is unable to stay in the market..Gautamaditya Sridhara is an advocate practicing in the Karnataka High Court and specializing in civil and commercial litigation. He worked at IndusLaw before becoming the Founder Partner of G-Droit. He is a graduate of National Law University, Jodhpur.