The Oklahoma Bar Journal October 2026

Do not wait until an employee leaves to discover that only they know the password or receive the authentication code for an essen tial account. READ THE EXIT PROVISIONS BEFORE YOU NEED THEM Technology contracts naturally focus on the beginning of the relationship: what services will be provided, what they will cost and how quickly support will be available. Law firms should spend more time looking at the end. What happens when the rela tionship terminates? Will the provider return administrative credentials? How will the firm receive its data? Will the provider cooperate with a replacement ven dor? How long will access continue during the transition? Are there additional charges for offboarding? These questions are partic ularly important with cloud services. Some cloud agreements provide only a limited period for retrieving data after termination and exit assistance may be lim ited or nonexistent unless it was addressed in the contract. 1 A good technology provider should not be offended by ques tions about leaving. Planning for an orderly transition is not evidence of distrust. It is ordinary business planning. Lawyers routinely draft agreements that address what hap pens when business relationships end. Their own technology agree ments deserve the same attention. None of this means lawyers should become technology pro fessionals. Delegating technology management is often the smart deci sion. A good IT provider can make a law practice more secure, produc tive and resilient. Lawyers should take advantage of that expertise. DELEGATION IS NOT ABDICATION

The firm does not need a three inch binder documenting every technical detail. It needs to know what it owns, where its essential systems are located and how to regain control. “WE BACK EVERYTHING UP” IS NOT ENOUGH Ask whether the firm’s data is backed up, and you may hear, “Yes, our IT person takes care of that.” But that answer raises more ques tions: What is backed up, how often, where is it stored, and how long is it retained? Can the firm access the backups, and who controls the account? Most importantly, has anyone tested whether the firm can actually restore its data? Lawyers do not need to under stand backup architecture, but someone responsible for managing the firm should periodically receive understandable confirmation that backups are occurring and that restoration has been tested. EMPLOYEES CAN WALK AWAY WITH KEYS TOO Technology control is not only about outside vendors. Employees leave. When they do, law firms should have a consistent process for removing access promptly and preserving information the firm still needs. Email, document systems, cloud storage, practice management software, remote access, telephone systems and other accounts should be reviewed when an employee leaves. The same is true when responsibilities change internally. A long-time office manager may have accumulated access to nearly every system in the firm. That may be entirely appropriate while the person is employed, but the firm should know what those systems are and make sure control does not rest solely with that individual.

But delegation is not abdication. A law firm remains responsible for its operations, its client infor mation and its ability to continue serving clients when something goes wrong. Maintaining appro priate control over the technology on which the practice depends supports competent law office management, protects client infor mation and makes continuity far easier when employees, vendors or circumstances change. Your technology professional can hold the working keys, and your office manager and vendors can use and maintain them. But the law firm should always know where the spare key is kept. Because when it comes to your firm’s technology, the answer to the question, “Who has the keys?” should ultimately be, “We do.” Ms. Bays is the OBA Management Assistance Program director. Need a quick answer to a tech problem or help solving a management dilemma? Contact her at 405-416-7031, 800-522-8060 or julieb@okbar.org. It’s a free member benefit.

ENDNOTE

1. Lisa R. Lifshitz, “Beyond the Fine Print: Four Risks in Cloud Agreements,” Business Law Today , American Bar Association, Sept. 12, 2025.

88 | OCTOBER 2026

THE OKLAHOMA BAR JOURNAL