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Solo and Small Firm Practice

Phone System
APRIL 14, 2006

Question: We are looking for a new phone system.  Any suggestions would be appreciated.

Answers:

McKennaLegal@aol.com

I have a VOIP system through Eduro Technologies.  Cost is very low, and it is highly functional.  No long distance charges, and it's bundeled with my Interenet Service.  I can use my line anywhere that I have a broadband Internet connection.  My voice-mails are auto forwarded to my e-mail and preserved as ".wav" files.  It really is incredible.  Much better (and less costly) than a traditional PBX system.  I'd call  Stan Swoyer, President, Eduro Technologies, Inc., O 240-529-2000 M 301-748-7230, sswoyer@edurotech.com, www.edurotech.com

Bill Ramsey - billramsey1@comcast.net

I know very little about computers, but I do know they have very large and long memories.  If I use VOIP, is it possible that my conversations with clients will some day turn up as transcripts in some court? 

Steven G. Tyler - stevengt@bellatlantic.net

Mmm, good question, but I'd suggest the answer is almost certainly no.
VoIP (Voice over Internet Protocol) software basically acts like an old-style modem in reverse, translating the analog voice information into a digital version, one designed to be transferred over the digital Internet, and back again at the other end. By contrast, a modem translates digital information from the computer into an analog form that can traverse the analog telephone system.
Even using compression, retaining a digital version of any phone conversation would consume quite a lot of space. Unless the software offers this as a feature ("wiretap" mode?), it's unlikely that any trace of the translated conversation is retained on your computer any longer than it takes to create the audio output.
For similar reasons, I doubt that copies are routinely retained on the computer at the other end (if any), or any facilitator server (providing connectivity to plain old telephones, for instance) somewhere in the middle. You might want to get confirmation of this from the software vendor, though, and keep in mind that, just like the plain old telephones, the person on the other end can always find a way to make and retain a copy, legal or not.

Larry Blosser - lblosser@comcast.net

There are multiple answers to what seems to be a simple question. In the case of a PBX-like service using conventional desk phones (as described at the start of the thread), there is likely to be little or no storage provided for routine conversations, either in the equipment at the customer premise or at the VoIP service provider location. In fact, most of the VoIP providers would prefer that only the "routing and billing" bits associated with the "calls" go through their computer servers, and would just as soon see the "voice" or "video" traffic go via a different route so as not to clog their servers.
There are two exceptions in the case of PBX-like services. First: voicemails (as indicated in the first response) are often stored as .wav files, but you'd know from the system prompts that you were leaving a voicemail and would choose your words accordingly.  Second: VoIP service providers, like providers of plain old telephone service, are subject to FCC-created obligations to cooperate with law enforcement agencies' lawful surveillance (under a statute called CALEA). So they must have the capability of intercepting and delivering both the signaling and the content of a call to in response to a court order.
In the case of services that use computers on one end (think Skype, AIM, Google Talk), there are readily available software add-ons that can be used by the party making or receiving a call via a PC to record all calls. http://www.hotrecorder.com/ is one such add-on. Does the other party to such a call know whether the party on the opposite end is using a PC or a regular phone, or even which service the other party is using?  Probably not.
In that case, it would be just as risky to participate in a phone call over the Internet as it would be to participate in a call over a plain old phone line.  After all, phone pickups with suction cups attached to analog tape recorders have been around for years. Two-party consent, anyone?

John Adams - jbadams@adamslegalfirm.com 

I agree with Larry regarding the dangers of VOIP calls being recorded.  VOIP technology poses little additional risk that phone calls would be recorded at the ends. 
To respond to the initial question, there are a large number of companies that provide VOIP-based PBXs.  Many telephone companies will provide such a system, as will other vendors.  Based on what I have heard this week at the VOIPossibilities conference, a wide variety of equipment manufacturers, including non-traditional companies, i.e. manufacturers of computing and networking equipment, are beginning to manufacture VOIP-based PBX systems.  Given the growing number of manufacturers, an Internet search may be helpful to identifying a system that has the features and price you like.
In addition, some telephone companies are using VOIP technology to recreate Centrex service, which acts a lot like a PBX, but is provided using the telephone company's equipment.  These companies are aggressively pricing the service to compete with VOIP-based PBXs, but there still may be a trade off between a higher monthly bill for Centrex service and an upfront investment in PBX equipment.  Another factor to consider is the potential for reduced repair costs because you do not have to maintain your own equipment.  But how often do you repair newer PBXs?
One last issue to consider is how your service provider rates the calls. Buying a VOIP-based PBX does not necessarily mean that your telephone service will be priced differently than it would if you were using a traditional PBX system.  Thus, buying a VOIP-based PBX may not save you anything on toll calling.