🚨 BOLO: Critical Windows OS Update - Lawyers, Secure Your Data Now! 🛡️

Lawyers make sure your computer’s operating system is secure and up-to-date!

Attention legal professionals: Microsoft's February 2025 Patch is crucial. This update fixes 55 security flaws, including four zero-day vulnerabilities. Two of these have been actively exploited, potentially compromising client data. One flaw allows file deletion, while another grants system privileges to attackers. Protect your practice and client information by updating immediately. The ABA Model Rules of Professional Conduct requires it! See Rule 1.1[8].

Navigate to Start > Settings > Windows Update and select "Check for Windows updates.”

Remember, maintaining technological competence is an ethical duty. Stay vigilant and prioritize cybersecurity to safeguard your legal practice. 💼🔒

🚨 MTC: Government Backdoors - A Looming Threat to Attorney-Client Privilege and Data Security 🔐

Legal Cyber Balance: Safeguarding Client Data While Navigating Government Backdoors and Cyber Threats 🚪💻⚖️

The UK government's recent demand for Apple to create a backdoor to iCloud accounts worldwide has sent shockwaves through the legal community. This unprecedented move raises serious concerns for lawyers on both sides of the Atlantic, particularly regarding their ethical obligations to maintain client confidentiality and safeguard sensitive information.

As attorneys, we have a fundamental duty to protect our clients' confidences. The American Bar Association's Model Rule 1.6 explicitly states that lawyers must make "reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client". Similarly, the UK's Solicitors Regulation Authority emphasizes the importance of maintaining client confidentiality.

However, government-mandated backdoors pose a significant threat to these ethical obligations. If implemented, such measures would essentially create a vulnerability that could be exploited not only by law enforcement but also by malicious actors. This puts attorneys in an impossible position: How can we fulfill our duty to safeguard client information when the very systems we rely on are compromised?

Moreover, the implications of such backdoors extend far beyond individual privacy concerns. The attorney-client privilege, a cornerstone of our legal system, could be severely undermined. This privilege exists to encourage open and honest communication between lawyers and their clients, which is essential for effective legal representation. If clients fear that their confidential discussions may be accessed by government agencies, it could have a chilling effect on their willingness to disclose crucial information.

Cybersecurity Crossroads: US & UK Government Interests vs. Hackers vs. Attorney-Client Privilege – The Legal Tightrope in the Digital Age 🌍🔒

To address these challenges, lawyers must take proactive steps to enhance their cybersecurity measures. As discussed in The Tech-Savvy Lawyer.Page Podcast Episode 93, Revolutionizing Law Practice. How Alexander Pakin Leverages Tech 🖥️ for Legal Success! (Part I & Part II), updating security protocols are essential practices for modern law firms. Recall, the ABA MRPC 1.1[8] requires attorneys to be up to date in their use of technology. Additionally, attorneys should consider on-premises storage solutions with zero-trust data access to maintain control over sensitive client data.

It's crucial for legal professionals to stay informed about these developments and advocate for policies that protect client confidentiality. Bar associations and legal organizations should take a strong stance against government-mandated backdoors, emphasizing the potential risks to the justice system and individual rights.

As we navigate this complex landscape, it's clear that the intersection of technology, privacy, and legal ethics will continue to present challenges. However, by remaining vigilant and adapting our practices to meet these challenges, we can uphold our professional responsibilities and protect the fundamental rights of our clients in the digital age.

MTC

Editorial Follow Up - From Apple Intelligence’s Inaccurate News Summarization of BBC News, to BBC’s Study on AI’s Accuracy Problem: What Lawyers Must Know After this Study 📢⚖️

Lawyers must keep a critical eye on the AI they use in their work - failure to do so could lead to violations of the MRPC!

Earlier, we discussed how "Apple Intelligence, made headlines for all the wrong reasons when it generated a false news summary attributed to the BBC 📰❌”.  Now, a recent BBC study has exposed serious flaws in AI-generated news summaries, confirming what many tech-savvy lawyers feared—AI can misinterpret crucial details. This raises a significant issue for attorneys relying on AI tools for legal research, document review, and case analysis.

As highlighted in our previous coverage, Apple’s AI struggles demonstrate the risks of automated legal processes. The BBC’s findings reinforce that while AI is a valuable tool, lawyers cannot blindly trust its outputs. AI lacks contextual understanding, often omits key facts, and sometimes distorts information. For legal professionals, relying on inaccurate AI-generated summaries could lead to serious ethical violations or misinformed case strategies. (Amazingly, the sanctions I’ve reported from Texas and New York seem light thus far.)

The ABA Model Rules of Professional Conduct emphasize that lawyers must ensure the accuracy of information used in their practice. See MRPC Rule 3.3: Candor Toward the Tribunal. This means AI-assisted research should be cross-checked against primary sources. Additionally, attorneys should understand how their AI tools function—what data they use, their limitations, and potential biases. See MRPC 1.1[e].

Human oversight by lawyers over the ai they use is a cornerstone to maintaining accuracy in their and ethical compliance with the Bar!

To mitigate risks, legal professionals should:
✅ Verify AI-generated content before using it in legal work.
✅ Choose AI solutions designed for legal practice, not general news or business applications, e.g., LawDroid.
✅ Stay updated on AI advancements and legal technology ethics, and stay tuned to The Tech-Savvy Lawyer.Page Blog and Podcast for the latest news and commentary on AI’s impact on the practice of law and more!
✅ Advocate for AI transparency, ensuring tech providers disclose accuracy rates.

The legal field is evolving, and AI will continue to play a role in law practice. However, as the BBC study highlights, human oversight remains essential. Lawyers who embrace AI responsibly—without over-relying on its outputs—will be best positioned to leverage technology ethically and effectively.

MTC

MTC: 🔒 Unlocked Laptop, Suspended License: How One Lawyer’s Cybersecurity Blunder Became a Near? Career-Killer (And What You Must Learn).

lawyers, don’t leave your tech unattended and accessible - it could lead to severe bar actions!

I was so astonished when I heard about this case that I needed to share it with you, The Tech-Savvy Lawyer.Page community!

A recent disciplinary case involving a Jefferson County, Missouri prosecutor’s suspension over a prank email highlights the escalating stakes of cybersecurity negligence in legal practice. The incident—where an unattended, unlocked laptop in an empty jury room used by attorneys to do some work, allowed a mischievous actor, a prosecutor nevertheless, to send a fake email to a sheriff about how she looked in khakis—serves as a stark reminder: basic physical safeguards are no longer sufficient in an era of sophisticated digital risks. Below, let’s discuss what NOT to do and the ethical landmines lurking in outdated tech habits.  

What Went Wrong: A Breakdown of Failures

The prosecutor’s missteps reflect a cascade of poor judgments:  

1. Leaving a device unattended and unlocked in a public setting, enabling unauthorized access.  

2. Failing to implement automatic screen locks or password protections during brief absences.  

3. Ignoring encryption tools for sensitive communications, despite ABA guidance.  

This lapse violated core duties under the ABA Model Rules of Professional Conduct:  

• Rule 1.6 (Confidentiality): Lawyers must take “reasonable precautions” to prevent unauthorized disclosure of client information. An open laptop in a public space falls far short of this standard.  

• Rule 1.1[8] (Competence): The 2012 amendment to Comment 8 mandates that lawyers understand the “benefits and risks associated with relevant technology”. Ignoring basic device security—a well-known risk—breaches this duty.  

How Tech Security Expectations Have Evolved  

The shift from casual vigilance to rigorous tech protocols is unmistakable:  

The ABA’s Formal Opinion 477R (2017) clarifies that lawyers must assess risks based on factors like data sensitivity and network security. Public Wi-Fi and unattended devices are now red flags requiring mitigation—not mere inconveniences.  

Consequences of Complacency 

The Jefferson County case underscores the professional, legal, and reputation fallout:   

• Ethical investigations: State bars increasingly treat tech negligence as a violation of competency rules.

• License suspension: The prosecutor faced disciplinary action for failing to safeguard confidential systems - in this case, an indefinite suspension.

• Loss of client trust: Even non-malicious breaches erode confidence in a lawyer’s judgment.

* Interestingly, it appears the public defender got off lightly with a slap on the wrist, although the public defender did leave exposed client files and working notes. This led to the prosecuting attorney being moved off 19 cases he and the defense attorney were both working on - someone got lucky! 😲

What NOT to Do: A Checklist ✅

Avoid these critical mistakes:  

Not all nefarious tech interlopers wear masks! Keep your tech secure!

❌ Assume “quick” errands are harmless. Even 30 seconds unlocked can compromise data.

❌ Use unsecured public networks without a VPN.  

❌ Skip software updates, leaving devices vulnerable to exploits.  

❌ Store sensitive data locally without encryption or cloud backups.

❌ Use someone’s unsecured technology for malicious means or even for a prank.

Secure Your Practice: Best Practices  

1. Enable automatic screen locks (under 5 minutes of inactivity).  

2. Adopt encryption for emails and files containing client data.  

3. Train staff on phishing scams and physical security protocols.  

4. Develop an incident response plan to address breaches swiftly.  

Final Thoughts 🧐

As the Lawyer Behaving Badly Podcast highlighted in their episode Silly Little Goose, even “harmless” pranks can derail careers. In a world where a single unlocked laptop can trigger ethics investigations, proactive tech competence isn’t optional—it’s survival! Lock your devices, encrypt your data, and treat every public space as a potential threat vector. Your license depends on it. 🔒  

MTC

Word of the Week: "Zoom Mullets" in Legal Practice!

Zoom Mullets: Balancing Comfort & Courtroom Credibility ⚖️💻"

Office mullets can be a Wardrobe option for work - just make sure it’s appropriate and that you can’t be seen below the belt!

 The "Zoom mullet"—professional tops paired with casual bottoms during virtual meetings—has become a staple for remote legal work. While 75% of professionals adopt this hybrid attire 🕴️👖, its impact on courtroom decorum demands scrutiny. James “Jamie” Holland II, featured on *The Tech-Savvy Lawyer.Page* Podcast Episode #35, pioneered the first fully virtual trial in U.S. history via Zoom 🏛️💡. His insights reveal:  

“Judges notice attire—even on camera. A wrinkled shirt or unkempt background can subconsciously undermine your credibility.”

— Jamie Holland

Key considerations for attorneys:  

You don’t want the judge’s ire if you can be seen dressed inappropriately for court (even through a zoom hearing)!

• Courtroom protocols: Texas and Michigan courts conducted 1.1 million+ virtual proceedings post-2020, with strict dress codes enforced despite partial visibility.  

• Tech setup: Holland advises testing cameras/mics pre-hearing and using neutral virtual backgrounds to mask informal spaces.  

• Ethical compliance: ABA Model Rule 1.6 (confidentiality) applies to virtual settings—avoid exposing sensitive documents via camera angles.  

🚨Make sure that if you are wearing a Zoom Mullet, the viewer can’t see the bottom half! You don’t want to get in trouble with the judge, your client, or the bar!

📢 Shout out to previous podcast guest Wendy Meadows for illuminating me on this word! 🤗

AI in Government 🇺🇸/🇨🇳: A Wake-Up Call for Lawyers on Client Data Protection 🚨

Lawyers need to be Tech-savvy and analyze AI risks, cybersecurity, and data protection!

The rapid advancement of artificial intelligence (AI) in government sectors, particularly in China🇨🇳 and the United States🇺🇸, raises critical concerns for lawyers regarding their responsibilities to protect client data. As The Tech-Savvy Lawyer.Page has long maintained, these developments underscore the urgent need for legal professionals to reassess their data protection strategies.

The AI Landscape: A Double-Edged Sword 🔪

China's DeepSeek and the U.S. government's adoption of ChatGPT for government agencies have emerged as formidable players in the AI arena[1]. These advancements offer unprecedented opportunities for efficiency and innovation. However, they also present significant risks, particularly in terms of data security and privacy.

The Perils of Government-Controlled AI 🕵️‍♂️

The involvement of government entities in AI development and deployment raises red flags for client data protection. As discussed in The Tech-Savvy Lawyer.Page Podcast 🎙️ Episode "67: Ethical considerations of AI integration with Irwin Kramer," lawyers have an ethical obligation to protect client information when using AI tools.

* Remember, as a lawyer, you personally do not need to be an expert on this topic - ask/hire someone who is! MRPC 1.1 and 1.1[8]

💡

* Remember, as a lawyer, you personally do not need to be an expert on this topic - ask/hire someone who is! MRPC 1.1 and 1.1[8] 💡

Lawyers' Responsibilities in the AI Era 📚

Legal professionals must recognize that the use of AI tools, particularly those with government connections, could inadvertently expose client information to unauthorized access or use. This risk is amplified when dealing with Personally Identifiable Information (PII), which requires stringent protection under various legal and ethical frameworks.

Key Concerns for Lawyers:

• Data Privacy: Ensure that client PII is not inadvertently shared or stored on AI platforms that may have government oversight or vulnerabilities.

• Ethical Obligations: Maintain compliance with ethical duties of confidentiality and competence when utilizing AI tools in legal practice, as emphasized in ABA Model Rule of Professional Conduct1.6.

• Due Diligence: Thoroughly vet AI platforms and their data handling practices before incorporating them into legal workflows.

• Informed Consent: Obtain explicit client consent for the use of AI tools, especially those with potential government connections.

• Data Localization: Consider the implications of data being processed or stored in jurisdictions with different privacy laws or government access policies.

Proactive Measures for Legal Professionals 🛡️

Lawyers need to be discussing their firm’s AI, cybersecurity, and client data protection strategies!

To address these concerns, The Tech-Savvy Lawyer.Page suggests that lawyers should:

1. Implement robust data encryption and access control measures.

2. Regularly audit and update data protection policies and practices.

3. Invest in secure, private AI solutions specifically designed for legal use.

4. Educate staff on the risks associated with AI and government-controlled platforms.

5. Stay informed about evolving AI technologies and their implications for client data protection.

Final Thoughts 🧐

The rise of government-controlled AI presents a critical juncture for legal professionals, demanding a reevaluation of data protection strategies and ethical obligations. As The Tech-Savvy Lawyer.Page has consistently emphasized, lawyers must strike a delicate balance between embracing AI's benefits and safeguarding client confidentiality, in line with ABA Model Rules of Professional Conduct and evolving technological landscapes. By staying informed (including following The Tech-Savvy Lawyer.Page Blog and Podcast! 🤗), implementing robust security measures and maintaining a critical eye on these issues, legal professionals can navigate the AI revolution while upholding our paramount duty to protect client interests.

MTC

🚨 BOLO: Apple's Latest Update Activates AI - Lawyers, Protect Your Clients' Data! 🚨

Attention tech-savvy lawyers! 📱💼 Apple's recent iOS and macOS updates have automatically enabled Apple Intelligence, raising significant concerns about client confidentiality and data privacy. As legal professionals, we must remain vigilant in protecting our clients' sensitive information. Here's what you need to know:

The Stealth Activation 🕵️‍♂️

In the last 24 hours, Apple released iOS 18.3, iPadOS 18.3, and macOS Sequoia 15.3, which automatically activate Apple Intelligence on compatible devices. This AI-powered suite offers various features, including rewriting text, generating images, and summarizing emails. While these capabilities may seem enticing, they pose potential risks to client confidentiality. 🚨

Privacy Concerns 🔒

Apple claims that Apple Intelligence uses on-device processing to enhance privacy. However, the system still requires 7GB of local storage and may analyze user interactions to refine its functionality. This level of data access and analysis raises red flags for lawyers bound by ethical obligations to protect client information.

Ethical Obligations ⚖️

Check your apple setting if you want to turn off “Apple Intelligence”!

The ABA Model Rules of Professional Conduct, particularly Rule 1.6, emphasize the duty of confidentiality. This rule extends to all forms of client data, including information stored on devices or accessed remotely. As tech-savvy lawyers, we must exercise reasonable care to prevent unauthorized disclosure of client information.

Potential Risks 🚫

Using AI-powered features without fully understanding their implications could lead to inadvertent breaches of client confidentiality. As we've discussed in our previous blog post, "My Two Cents: With AI Creeping Into Our Computers, Tablets, and Smartphones, Lawyers Need to Be Diligent About The Software They Use," lawyers must be cautious about adopting new technologies without proper vetting.

Lawyers MUST maintain reasonable competency in the use of technology! 🚨 ABA MRPC 1.1 [8] 🚨

Lawyers MUST maintain reasonable competency in the use of technology! 🚨 ABA MRPC 1.1 [8] 🚨

Steps to Take 🛡️

1. Disable Apple Intelligence: Navigate to Settings > Apple Intelligence & Siri to turn off specific features or disable the entire suite.

2. Educate Your Team: Ensure all staff members are aware of the potential risks associated with AI-powered features.

3. Review Privacy Policies: Carefully examine Apple's privacy policies and terms of service related to Apple Intelligence.

4. Implement Additional Safeguards: Consider using encrypted communication tools and secure cloud storage solutions for client data.

Final Thoughts 🧐

As we navigate this rapidly evolving technological landscape, it's essential to balance innovation with ethical obligations. Lawyers can thrive as tech-savvy professionals by embracing technology to enhance their practice while safeguarding client trust. Remember, maintaining reasonable competency in the use of technology is not just advisable—it’s an ethical duty. See Comment, #8, to ABA Model Rule, #1.1.

Subscribe to The Tech-Savvy Lawyer.Page for updates on this developing situation, news on the evolving impact of AI on the practice of law. Together, we can navigate the complexities of legal technology while upholding our professional responsibilities.

Stay safe, stay informed, and stay tech-savvy! 🚀📚💻

Happy Lawyering!

MTC:# Why Lawyers Should Embrace Podcasting Conferences: A Gateway to Digital Influence 🎙️💼

On my way to orlando for podfest on a brightline train!

In today's digital age, lawyers must adapt to new forms of communication to stay relevant and attract clients. Podcasting has emerged as a powerful medium for legal professionals to showcase their expertise, connect with potential clients, and establish themselves as thought leaders. Attending podcasting conferences, like the recent Podfest 2025 in Orlando I attended, can provide invaluable insights and opportunities for lawyers looking to leverage this medium.

Why Podcast? 🤔

Podcasting offers numerous benefits for lawyers:

1. Improved Internet SEO: Regular podcast content can significantly boost your online visibility.

2. Establish Authority: Share your legal knowledge and become a go-to expert in your practice area.

3. Client Connection: Allow potential clients to get to know you and your approach to law.

4. Networking: Connect with other legal professionals and potential referral sources.

What to Podcast About 🗣️

Finding your voice is crucial. Focus on your area of expertise and address common client concerns. Discuss recent legal developments, offer practical advice, or share case studies (while maintaining client confidentiality). The key is to provide value to your listeners while showcasing your knowledge.

How to Podcast 🎧

1. Format: Choose between solo shows, interviews, or panel discussions.

2. Equipment: Invest in quality microphones and headphones. Utilize your existing computer and internet bandwidth.

3. Production: Create show notes and repurpose content for other platforms (e.g., social media snippets).

4. Consistency: Establish a regular publishing schedule to build an audience.

Where to Publish 📡

lawyers can enhance their firm’s brand with a podcast!

Popular podcasting platforms include Apple Podcasts, Spotify, and YouTube Podcasts. Consider using a podcast hosting service like one of the following to distribute your show across multiple platforms easily:

• 5Simplecast 🎚️
     simplecast.com
     Good for teams and offers audiogram creation features.

• Blubrry 🔵
     blubrry.com
     Integrates well with WordPress and offers IAB-certified statistics.

• Buzzsprout 🐝
     buzzsprout.com
     Easy to use with great analytics and a user-friendly interface.

• Captivate 📈
     captivate.fm
     Provides growth tools for audience building.

• Castos 🎛️
     castos.com
     Provides unlimited storage and downloads.

• Libsyn* 🎧
     libsyn.com
     One of the oldest and most reliable podcast hosting platforms.

• Podbean 🫘
     podbean.com
     Offers unlimited storage and bandwidth with monetization options.

Podcast conferences are a great place for attorneys to dip their toe into the wolrd of podcasting to better their overall marketing strategy! ©Podfest

• Spotify for Podcasters 🟢
      podcasters.spotify.com
      Free platform with monetization options. 

• Spreaker 🎤
     spreaker.com
     Offers live streaming capabilities.

• Transistor 📻
     transistor.fm
     Great for hosting multiple shows with advanced analytics.

Each of these platforms offers unique features and pricing structures, so it's essential to evaluate your specific needs and budget when choosing a hosting service. Consider factors such as storage limits, analytics, distribution capabilities, and monetization options to find the best fit for your podcast.

When to Podcast 📅

Frequency depends on your schedule and content. Weekly or bi-weekly episodes can help maintain audience engagement without overwhelming your workload.

Learning from Others 🤝

catching up with friend and fellow podcaster larry roberts of Red hat media - can you guest where i got the idea for the yellow TSL Hat?!

At podcasting conferences like Podfest or Podcast Movement, you can learn from successful podcasters, including fellow lawyers. They can share insights on growing an audience, monetizing your show (and can perhaps grow into a second source of income), and balancing podcasting with legal practice.

As discussed in our recent The Tech-Savvy Lawyer.Page blog post, "My Two Cents: Harnessing The Power Of Podcasting: How Lawyers Can Benefit From A Podcasting Marketing Strategy - Why I went to Podfest 2024!," embracing this medium can transform your practice. By attending podcasting conferences, you'll gain the knowledge and connections needed to launch a successful legal podcast.

Final Thoughts 🧐

Remember, podcasting is not just about broadcasting; it's about building relationships and establishing trust with your audience. So, take the plunge, attend a podcasting conference, and start sharing your legal expertise with the world. Your future clients are listening! 🎉👨‍⚖️📚

MTC: Mobile Hotspots Outpace Hotel Wi-Fi: A Game-Changer for Tech-Savvy Lawyers 📱💼"

Lawyers on the road can Stay productive with mobile hotspots!

As a seasoned legal professional and tech enthusiast, I've experienced a paradigm shift in connectivity during recent travels. My recent trips to Charolette, Chicago, Ft. Lauderdale, Orlando and Panama, revealed a stark reality: hotel Wi-Fi often falls short, especially in crucial areas like conference rooms. This realization led me to an important reminder– my smartphone's hotspot consistently outperforms hotel networks.

Using an iPhone Pro Max 16 on AT&T and a Galaxy S22 on Verizon, I've found that mobile hotspots often offer faster, more reliable connections. This dual-carrier approach provides a safety net, as coverage can vary. Notably, AT&T as plans for unlimited talk and data in Central America that proved invaluable in Panama, incurring no additional fees and my Verizon plan provided much better coverage at the hotel in Orlando.

This shift questions the necessity of prioritizing hotel Wi-Fi when booking accommodations. The table below illustrates the stark contrast in average speeds:

Additionally, the landscape of mobile data pricing has undergone a dramatic transformation in recent years, making the use of smartphone hotspots increasingly attractive for travelers. Carriers have significantly reduced their data prices, with many now offering "unlimited" data plans at competitive rates.

• AT&T offers their Value Plus VL plan with unlimited data for $51 per month.

• Mint Mobile has slashed its unlimited data plan to just $15 per month for a full year, while US Mobile's Unlimited Starter plan provides 35GB of high-speed data for as low as $25 per month.

• Verizon offers competitive options, including its Unlimited Welcome plan, which costs $65 per month for one line and includes unlimited talk, text, and data.

  * Note these offers are subject to change.

Warning: Make sure the data plan you have with your carrier is sufficient for your travels! You don’t want to pay overage charges!!!

🚨

Warning: Make sure the data plan you have with your carrier is sufficient for your travels! You don’t want to pay overage charges!!! 🚨

Lawyers can Boost conference productivity with mobile hotspots!

Plus, you get additional security through mobile data versus wifi, as cellular networks typically offer stronger encryption and built-in security protocols compared to public Wi-Fi networks. Mobile carriers actively manage and update their security measures, making it significantly more challenging for cybercriminals to intercept your data. This enhanced protection is particularly crucial when handling sensitive client information or accessing confidential legal documents while traveling.

This shift towards more affordable and generous data allowances has made relying on mobile hotspots a viable and often superior alternative to hotel Wi-Fi, especially for tech-savvy professionals on the go. 📱💼 Cellular data provides a more secure connection, with encryption that makes it difficult for attackers to exploit, unlike many public Wi-Fi networks that may be unencrypted or poorly secured. For legal professionals navigating the digital landscape, embracing mobile hotspots could be the key to uninterrupted productivity. It's time to reconsider our reliance on hotel Wi-Fi and leverage the power in our pockets. 🚀⚖️

MTC

🏛️ MTC: The Perils of Hot Mics and Hasty Clicks: A Wake-Up Call for Tech-Savvy Lawyers 🚨

Always proofread your e-mails “before” you send them!

In the digital age, lawyers must navigate a minefield of potential ethical pitfalls as they embrace technology in their practice. A recent non-disciplinary admonition of an attorney highlighted by Professor Mike Frisch on the Legal Profession Blog serves as a stark reminder of the dangers lurking in our everyday digital interactions.

The case involved an attorney who faced a non-disciplinary admonition for two separate incidents of inappropriate behavior. 😬 In the first incident, the attorney made inappropriate comments during a June 2023 Aroostook County Unified Criminal Zoom docket call that was overheard by other participants. In a separate event, the attorney sent emails containing perceivably sexist language to a continuing legal education (CLE) provider. These cases vividly illustrate how easily digital missteps can occur in various professional settings and the consequences they can bring.

The Virtual Courtroom Conundrum 🏛️💻

As courts have increasingly adopted virtual proceedings, attorneys must adapt to new norms of professional conduct. The incident during the Zoom docket call highlights the critical importance of maintaining courtroom decorum, even in a virtual setting. It's essential to remember that the same standards of professionalism apply whether you're physically present in a courtroom or appearing via videoconference.

The Zoom Trap 🎥🔊

watch out for hot mic moments when in zoom courtroom hearing!

Zoom and other videoconferencing platforms have become indispensable tools for legal professionals, especially in the wake of the COVID-19 pandemic. However, they also present unique challenges. The line between formal and informal communication can blur, leading to a false sense of privacy or casualness. It's crucial to remember that even when you think you're muted, or your camera is off, there's always a risk of being heard or seen.

💡 TIP: I use a device called “MuteMe.” It’s a big button that is USB-wired to my computer. I have it set for “green” when my mic is “on” and “red” when I’m muted. It’s a clear indicator for me when not to speak less than professionally.

The Email Eternity 📧⏳

Emails and instant messages pose a different but equally significant risk. Unlike verbal conversations, these written communications create a permanent record that can be easily forwarded, screenshotted, or retrieved long after you've clicked "send." What might seem like a harmless quip or offhand remark at the moment can come back to haunt you months or even years later.

Ethical Implications 🤔⚖️

e-mails with inappropriate comments or language can take a life of their own - they live forever on the internet!!!

The ABA Model Rules of Professional Conduct require lawyers to maintain client confidentiality and to avoid conduct that could prejudice the administration of justice. While these rules don't impose strict liability for technology use, they do expect lawyers to exercise reasonable care. This includes being mindful of the potential for inadvertent disclosure or inappropriate behavior in digital spaces.

Best Practices for Tech-Savvy Lawyers 📚💼

1. Assume you're always "on": Treat every virtual court proceeding and Zoom meeting as if your microphone and camera are live at all times. 🎙️👀

2. Think before you type: Before sending any electronic communication, ask yourself if you'd be comfortable with it being read aloud in court. 💭✍️

3. Use secure platforms: Ensure that the technology you're using meets appropriate security and privacy standards. 🔒🛡️

4. Educate yourself: Stay informed about the latest developments in legal technology ethics and court rules for virtual proceedings. 📚🧠

5. Implement safeguards: Use features like waiting rooms and passwords for Zoom meetings to prevent unauthorized access. 🚪🔑

learn from others mistakes!

The incidents highlighted by Professor Frisch serve as valuable learning opportunities for all legal professionals. They remind us that in our increasingly digital world, the boundaries between professional and personal, public and private, are more porous than ever.

As we continue to embrace technology in our legal practice, we must remain vigilant about our ethical obligations. The convenience and efficiency offered by digital tools should never come at the expense of professionalism and integrity. By staying mindful of the potential risks and implementing best practices, we can harness the power of technology while upholding the highest standards of our profession.

Final Thoughts 🧐

Being a tech-savvy lawyer isn't just about knowing how to use the latest tools—it's about using them wisely and ethically. Let this serve as a reminder to all of us to pause, think, and double-check before we unmute that mic or hit that send button, whether in a virtual courtroom or in our daily communications.

MTC

Happy Lawyering! 😊⚖️🖥️