Celebrate World Backup Day: Safeguard Your Legal Practice’s Data Today! 🚨💾

Be the superhero of your office! make sure your office has a data-backup plan!

March 31st marks World Backup Day, a global reminder of the importance of protecting your digital assets. For legal professionals, where sensitive client data and critical case files are at stake, having a robust backup strategy is not just recommended—it’s essential. Whether you're a tech-savvy attorney or just beginning to explore technology in your practice, today is the perfect day to assess your data protection measures and ensure your firm is prepared for the unexpected.

Why Backups Matter for Legal Professionals

Data loss can strike at any time—hardware failures, accidental deletions, ransomware attacks, or even natural disasters can jeopardize your practice. According to industry insights, 67% of data loss incidents stem from hardware or system failures, and 70% of small businesses close within a year of a major data loss event.1 For lawyers, these risks are compounded by ethical obligations to protect client confidentiality and maintain accessibility to case files.

Backing up your data ensures:

• Business Continuity: Quickly recover critical files and avoid costly downtime.

• Client Trust: Demonstrate professionalism and responsibility by safeguarding sensitive information.

• Compliance: Meet regulatory and ethical standards for data security.

Best Practices for Backing Up Your Legal Data

its world backup day!

1. Automate Your Backups
   Reduce human error by scheduling automatic backups using tools like iDrive or Backblaze.3

2. Adopt a 3-2-1 Strategy
   Keep three copies of your data: two on different storage devices (e.g., external SSDs) and one offsite in the cloud.4 There are variations of the same theme: Choose the one that is right for you.

3. Encrypt Sensitive Data
   Use encrypted backup solutions to protect client information from breaches.5

4. Test Regularly
   A backup is only as good as its ability to restore. Periodically test your backups to ensure data integrity.

5. Consider Air-Gapped Backups
   For added security, maintain an offline backup that ransomware cannot access.

Backup Tools Tailored for Law Practices

Platforms and programs like Dropbox, Rubrik, and Time Machine offer tailored solutions for law firms. Additionally, Network Attached Storage (NAS) devices provide secure local backups with remote accessibility—ideal for small practices.5 Cloud-based options such as Carbonite or Cohesity offer scalable solutions with encryption and automated scheduling capabilities.6

it’s a good idea to CHECK YOUR BACKUPS FOR STABILITY ROUTINELy!

Take the World Backup Day Pledge Today!

Join thousands of others by pledging to back up your critical files. As the saying goes, “Real friends don’t let friends go without a backup!” In a lawyer’s case, it could mean maintaining their license to practice! Visit WorldBackupDay.com to learn more about securing your digital life.

MTC: The Critical Role of Lawyers in Protecting Sensitive Data in an Era of Digital Vulnerability

Lawyers, ARE YOU AWARE OF where your client’s pii may have been exposed or is vulnerable?

The march on the fragility of personal data in our hyperconnected world continues from my editorial three weeks ago! From Elon Musk’s DOGE team attempting to access Social Security Administration (SSA) records, to Cabinet officials discussing military strike details on Signal, to 23andMe’s bankruptcy risking genetic data exposure, these incidents underscore systemic vulnerabilities. Lawyers now operate on the front lines of this crisis, bound by ethical mandates and legal obligations to shield personally identifiable information (PII) from misuse. Let’s discuss how the legal profession must adapt to safeguard client trust in the digital age.

The Expanding Threat Landscape

1. DOGE’s Overreach at SSA
   A federal judge halted Elon Musk’s DOGE team from accessing SSA databases containing sensitive PII—including Social Security numbers and employment histories—after finding “unbridled access” violated privacy laws. Judge Hollander condemned the operation as a “fishing expedition” lacking justification, ordering the deletion of improperly obtained data. This case highlights risks when private entities bypass oversight to exploit bulk data repositories like SSA’s “crown jewel” Numident database.

2. Signal’s False Sense of Security
   The Atlantic’s release of Signal chats among Trump administration officials revealed shockingly detailed military plans, including F-18 strike windows and target coordinates. While Signal offers encryption, experts warn it’s no substitute for secure government systems. Former NSA analyst Jacob Williams noted that desktop-linked Signal accounts create vulnerabilities via malware-prone devices. The incident illustrates how convenience-driven tools can jeopardize national security and client confidentiality alike.

3. 23andMe’s Genetic Gamble
   23andMe’s bankruptcy filing exposes 12 million users’ DNA data to sale, raising fears of insurance discrimination and identity theft. Despite the protections of the Genetic Information Non-Discrimination Act (GINA) against health insurer bias, gaps remain in life/disability coverage. Lawyers must now confront novel risks as biometric data enters commercial markets.

Legal and Ethical Imperatives for Practitioners

Lawyers have to balance the convenience of a hyperconnected world and maintaining client PII!

A. Foundational Duties
Under ABA Model Rule 1.6(c), attorneys must employ “reasonable efforts” to prevent unauthorized PII disclosure.1, 2 This requires:

• Risk assessments: Evaluate data sensitivity, threat likelihood, and safeguard costs - Rule 1.6 Confidentiality of Information - Comment.

• Encryption: Protect communications and stored files, especially when using third-party platforms.

• Access controls: Limit PII exposure through role-based permissions and audit trails.3, 4

B. Emerging Best Practices

1. Client Consent & Transparency

• Disclose data collection purposes per FTC Act/GDPR principles. 5, 6

• Obtain explicit authorization for third-party transfers. 7, 8

2. Incident Response

• Conduct breach analyses under ABA Opinion 498.

• Notify affected clients promptly.

3. Tech Competence

• Track compliance across the jurisdictions where you practice.

• Train staff on phishing/social engineering risks highlighted in the SSA and Signal breaches.

A Call to Action

GIven third-party activity, lawyers may be the publics best line of defense to maintaining PII!

The DOGE, Signal, and 23andMe cases are not outliers—they signal a paradigm shift. As Perkins Coie’s privacy team emphasizes, “reasonable efforts” now demand proactive measures:

• Audit legacy systems: Identify where PII resides, as SSA failed to do.

• Purge obsolete data: Align retention policies with storage limits in ABA guidelines.

• Leverage AI cautiously: While predictive tools aid fraud detection (“ironically” DOGE’s stated goal), they risk algorithmic bias without human oversight.

Lawyers who treat data security as an afterthought risk disciplinary action, malpractice claims, and reputational harm. The alternative? Embrace plans to transform from reactive advisors to strategic guardians of the digital trust ecosystem.

MTC

Shout Out: Join Michael D.J. Eisenberg at the 2025 ABA Techshow - Unlock the Power of Video Marketing for Legal Success 🚀

Join Your Award-Winning The Tech-Savvy Lawyer.Page Blogger and Podcaster Michael D.J. Eisenberg and co-presenter Patrick Wright at the 2025 ABA Techshow session on “How to Leverage Video to Build Your Brand, Dominate SEO, and Attract The Best Clients!”

Discover how to transform your law firm's online presence with video marketing! Learn proven strategies to boost SEO, attract ideal clients, and leverage AI tools like ChatGPT for content optimization. Empower your brand across platforms like TikTok, YouTube, and Facebook with actionable insights from legal tech experts Michael D.J. Eisenberg and Patrick Wright. 🌟

The session will be on April 3, 2025, at 10:30 AM CDT.

Hope to see YOU there!

Shout Out: Unlock AI's Potential with Ethics Expertise 🚀💻

Keep up with the constant changing world of AI and Legal ethics!

In the rapidly evolving legal landscape, embracing artificial intelligence (AI) is no longer optional—it's essential 🌟. The upcoming AI and Legal Ethics: A Risk-Benefit Analysis 2025 webinar offers a unique opportunity for lawyers to enhance their practice while navigating the complex ethical considerations surrounding AI use 📚. Join Hilary P. Gerzhoy and Julienne Pasichow of HWG LLP delve into critical areas such as competence in technology, supervision of AI tools, reasonable fees, confidentiality, truth in advertising, and client communication standards 📊.

By attending this webinar, you'll gain practical insights into integrating AI responsibly, ensuring compliance with professional conduct standards, and staying ahead in the legal tech revolution 🚀. Whether you're looking to improve efficiency, enhance client services, or simply stay updated on the latest legal tech trends, this event is a must-attend for any forward-thinking lawyer 🚀.

You can attend this information packed cle virtually!

Don't miss out! Register now and elevate your legal practice with AI expertise 💻👉 https://dcbar.inreachce.com/Details/Information/11092a42-cde2-426d-9dbf-25f270b2df09

I hope to “virtually” see you there!

Shout Out! Your Award-Winning Blogger and Podcaster will be Presenting at the 2025 ABA Techshow!

The Aba techshow is the place to be for the intersection of technology and the practice of law - tech will not replace you but if you don’t use the right tech in your practice you could be left behind by those who do!

Hey everyone! Next week, I’ll be co-presenting with ABA Techshow Co-Chair Patrick Wright!

We’ll be presenting on “Innovations in Client Intake: Leveraging Technology for Better Outcomes” and “How to Leverage Video to Build Your Brand, Dominate SEO, and Attract the Best Clients.”

I can’t wait to see everyone there! Remember, if you tell me at the conference that you follow The Tech-Savvy Lawyer.Page and The Tech-Savvy Lawyer.Page Podcast, I’ll send you a free The Tech-Savvy Lawyer.Page Mug!*

* Limit one per person: Previous recipients from any prior appearance or as a guest on The Tech-Savvy Lawyer.Page Podcast are not eligible for to receive an additional mug. Sorry!

MTC: ⚖️ ChatGPT and the Supreme Court: Two Years of Progress in Legal AI ⚖️

What can we learn about the evolution of generative aI in its ever growing analysis of the supreme court?

Ed Bershitskiy’s recent SCOTUSblog article, “We’re not there to provide entertainment. We’re there to decide cases,” offers a compelling analysis of how ChatGPT has evolved since its launch in 2023, particularly in its application to Supreme Court-related questions. The article highlights both the successes and shortcomings of AI models, providing valuable insights for legal professionals navigating this rapidly advancing technology.

In 2023, the original ChatGPT model answered only 42% of Supreme Court-related questions correctly, often producing fabricated facts aka “hallucinations” and errors. Fast forward to 2025, newer models like GPT-4o, o3-mini, and o1 have demonstrated significant improvements. For instance, o1 answered an impressive 90% of questions correctly, showcasing enhanced accuracy and nuanced understanding of complex legal concepts such as non-justiciability and the counter-majoritarian difficulty. Krantz’s analysis also underscores the importance of verifying AI outputs, as even advanced models occasionally produce mistakes or hallucinations.

Always Check Your Work When Using Generative AI - It Can Create Hallucinations!

🚨

Always Check Your Work When Using Generative AI - It Can Create Hallucinations! 🚨

The article compares three distinct AI models: GPT-4o is detail-oriented but prone to overreach; o3-mini is concise but often incomplete; and o1 strikes a balance between depth and precision. This comparison is particularly relevant for legal professionals seeking tools tailored to their needs. For example, GPT-4o excels at generating detailed narratives and tables, while o1 is ideal for concise yet accurate responses.

Lawyers are not going to be replaced by ai but those lawyers who do not know how to use ai in their practice and mindful of its constant changes will be left behind!

Krantz also explores how the line between search engines and AI-powered tools is blurring. Unlike traditional search engines, these AI models analyze queries contextually, offering more comprehensive answers. However, legal practitioners must exercise caution when relying on AI for research or drafting to ensure ethical compliance and factual accuracy - in other words, always check your work when using AI!

As AI continues to evolve, its role in legal practice is becoming indispensable. By understanding its strengths and limitations, lawyers can leverage these tools effectively while safeguarding against potential risks. Krantz’s article provides a detailed roadmap for navigating this technological transformation in law.

PS: I can’t stress enough to always check your work when using AI!

Happy Lawyering!

MTC

Shout out to Tom Martin, and His Free! LawDroid AI Conference 2025, The Year of Transformation!

View fullsize

join tom martin and his guests at the sure to be informative “Lawdroid conference 2025”!

Tom Martin, a previous guest on The Tech-Savvy Lawyer.Page Podcast is pioneering groundbreaking innovations in legal practice through his work with LawDroid, leveraging AI to transform the industry 🤖💻. Join his upcoming Zoom event on March 19 & 20 to explore AI-driven solutions for law professionals and learn from experts like Tom and other previous The Tech-Savvy Lawyer.Page Podcast guests including Nikki Black, Carolyn Elefant, Jane Reardon & Damien Riehl.

Register now! 📈💼

MTC: Editorial: "Masters of Their Domain: Why Lawyers Must Control Their Firm's Online Presence" 📊💻

Lawyers are the first line defenders of their online reputation by owning their firm’s domain name!

In today's digital age, having a strong online presence is crucial for law firms. One often overlooked aspect of this presence is their (e-mail/website) domain name ownership. Lawyers should be aware of who owns their firm's domain name, as it can have significant legal implications, especially if the firm splits or even if a solo practitioner is involved. I’d like to discuss the importance of domain name ownership, the risks associated with using website builders like Wix, Squarespace* or LawLytics and how lawyers can independently purchase and manage their domain names to ensure flexibility and security.

Importance of Domain Name Ownership

Domain names are more than just web addresses; they are valuable assets that can significantly impact a firm's identity and reputation. When a law firm splits, disputes over domain name ownership can arise, leading to potential legal battles. For instance, if one partner retains the domain name, it could cause confusion among clients and hinder the ability of other partners to establish their new practices effectively 🤝. Recently attorneys in a (former) firm in Kansas had a similar dispute that led to litigation. Thus, it is essential for lawyers to ensure they have control over their domain names from the outset.

Risks with Website Builders

Using website builders like Squarespace* or LawLytics services can simplify the process of creating a website, but it often comes with a hidden cost: potential loss of domain name ownership. When you register a domain through these platforms, you might not fully own the domain. Squarespace*, for example, acts as a middleman, facilitating domain registration but not retaining ownership 📈. However, if you rely solely on their services, you could face issues if you decide to switch providers. This is why it's prudent to purchase and manage your domain name independently (and likely before you go public with your site through one of these builders).

Independent Domain Name Management

Lawyers need to be savvy about using website builders and who owns the site’s domain name

To maintain control over your domain name, it's advisable to register it through a registrar like GoDaddy, hover* or Namecheap. This allows you to manage your domain settings, transfer it to different web hosts, and ensure continuity even if you change website builders 🚀. Here’s how you can do it:

1. Choose a Registrar: Select a reputable domain registrar where you can purchase your domain name.

2. Register Your Domain: Ensure the domain is registered in your name with your contact information.

3. Set Up DNS: Configure your DNS settings to point to your desired web host.

4. Transfer if Needed: If you switch web hosts, you can easily transfer your domain without losing control.

Legal Implications

Legal implications arise when domain name ownership is not clearly established. Disputes can lead to costly legal battles, especially if cybersquatting or trademark infringement is involved 🚫. The Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA) provide frameworks for resolving such disputes, but prevention is always better than cure. By owning your domain name outright and from the start, you avoid potential conflicts and protect your firm's online identity.

Final Thoughts

The type of domain, .e.g., “.com”, “.biz”, “.law”, etc., can help identify the type of business you have.

Lawyers must prioritize domain name ownership to safeguard their firm's online presence and avoid potential legal issues. By understanding the risks associated with website builders and taking steps to independently manage their domain names, lawyers can ensure they remain masters of their digital domain 🌐.

Happy Lawyering!

MTC

WOW: 🌐 DNS: The Internet's Phonebook and Why Lawyers Need to Know It! 📚

🛡️ Protect your firm, learn your DNS 🛡️.

Following The Tech-Savvy Lawyer.Page Podcast Episode 🎙️ Ep. 104: The Importance of Data Backup & Cybersecurity w "Mr. Backup", Curtis Preston!, I realize it might be beneficial to explain what “DNS” means:

Imagine you want to visit a friend's house, but instead of using their street address, you only know their name. To find their house, you would need a directory that translates names into addresses. Similarly, when you type a website's domain name into your browser, like "example.com," your computer doesn't understand it. That's where the Domain Name System (DNS) comes in, acting as a translator between human-readable domain names and computer-friendly IP addresses 📊. 

DNS is like a phonebook for the internet, converting domain names into IP addresses that computers can understand, allowing you to access websites without memorizing complex IP addresses like the one for The Tech-Savvy Lawyer.Page, which would be its unique IP address if it were publicly available 📈.

For lawyers, understanding DNS is essential for maintaining a robust online presence, particularly when it comes to their firm's website 🌐. DNS plays a key role in website performance and security, impacting how quickly and securely clients can access legal services online 🚀.

Why DNS Matters for Lawyers:

💼 Lawyer by day, DNS master by night! 🦸‍♂️

• Performance Optimization: Techniques like DNS prefetching can significantly improve website loading times, enhancing user experience and SEO rankings 📈.

• Security: DNS security measures, such as DNS firewalls and DNSSEC, protect against cyber threats like DNS spoofing and hijacking, safeguarding client data and trust 🛡️.

• Reliability: Ensuring DNS records are correctly set up, especially CNAME records for CDNs, ensures efficient content delivery and minimizes downtime 📈.

In today's digital age, lawyers must be aware of DNS to ensure their online platforms are both fast and secure, providing a seamless experience for potential clients 🌟. Moreover, understanding DNS can help lawyers troubleshoot common issues with their website, such as slow loading times or unexpected errors, by identifying problems in DNS resolution or configuration 🚨.

Happy Lawyering!

Shout Out to Jeff Richardson sharing how Lawyers' New Best Friend is the iPad Air (M3) Review!

Kudos to the previous Tech-Savvy Lawyer.Page Podcast guest Jeff Richardson for his insightful review of the new iPad Air (M3) 📱👏! This device is a game-changer for lawyers, offering enhanced speed and features like Apple Pencil Pro support 🖋️. Perfect for legal professionals seeking efficiency and productivity 📈

Note that while I have an iPad Pro (M4) 😲, that may be a little much for the average lawyer/user. But in the end, get what fits your needs best! 😌