Sound Quality versus Privacy – What is more important to a lawyer in a smart speaker?

Sound Quality versus Privacy – What is more important to a lawyer in a smart speaker?

MacRumors came out with an article comparing the mini-smart speakers currently on the market.  The candidates are the Amazon's Echo, Apple’s Homepod mini and Google's Nest Audio. They all retail for about $99.  It looks like hands down the Echo and Nest beat the Homepod-mini for quality and depth of music.

The audio specs break down:

• Echo: 76mm woofer and two 20mm tweeters.

• ‌HomePod mini‌: Full range driver and dual passive radiators.

• Nest Audio: 75mm woofer and one 19mm tweeter.

BUT IS SOUND QUALITY WORTH THE TRUE “COST” OF THE DEVICE:

Certainly, if you are vested in the Amazon Alexa or Google Assistant platforms, I can see the draw to remain in the respective platforms’ microverse.  But sound quality and smart-assistant integration are not THE major concern for attorneys – It’s Privacy!

Amazon Alex and Google Assistant do not have a great reputation for protecting your privacy.  Apple Homepods have had its share of fairly recent problems too!  But Apple’s Siri is more active in protecting your privacy.  The inherency of its “sandboxed” software makes it more likely prying eyes 👀 (or in this case ears 👂🦻!) will not be obtaining your private or your client’s confidential information!

PROFESSIONAL RESPONSIBILITY ALERT!
Remember, the Model Rules of Professional Conduct require you have to be both competent in your use of technology in your office Rule 1.1 [8] and take reasonable efforts to ensure your client’s information is protected, Rule 1.6 (c).

Granted, I am a Mac user in my private practice.  So, I would naturally gravitate toward Homepods.  But I do use Windows machines when it comes to the blog.  And IMHO the overall risk right now in buying an Amazon Alexa or Google Assistant is just not worth risk – even with the discounts you may be finding on Amazon!

MTC

Happy Lawyering!!!

The Presidential Election is Over – Now What (at least as it has to do with our law-office technology needs)?

Courtrooms are going to be empty for a while until this Pandemic is under control; are you professionally competent to be Virtual!

This blog is not about politics.  But regardless of your politics, we could not escape the noise from the recent election.  It has added a lot of stress for everyone.  While the pressure is not entirely over (and may not be entirely over for many days, months, or years), we always need to be focused on our law-practice obligations.  So, as I asked in my headline:  Now What (at least as it has to do with our office technology needs)?

Nothing.  We still need to maintain tech competence in our work.  We are still dealing with an ongoing pandemic.  You may feel your rights are being violated by having to wear a mask, keeping social distance from others, and appear in places by video. But businesses, courts, and law offices are not moving back to full-time in-person office work-life, depositions, or hearings for the foreseeable future.

First, the Pandemic is not over.  The possible vaccine is not out yet and the means of distribution has not been established.  And that whole process will likely take many (not a couple) of months if not at least a year.

Second, businesses, law firms, and courthouses are realizing there is great time-saving convenience and effectiveness in conducting business, hearing, depositions, etc., remotely.  No travel, no traffic, no hassle!

Lastly, $MONEY$!  Everyone is realizing that video conferencing is saving a lot of MONEY!  Law firms do not need to have everyone in the office for work to be accomplished – this cuts down on overhead – office space, associated furnishing, associated liability insurance, associated electric and internet, time-money loss traveling to and from work every day, and so on.  Lawyers, like any business, are capitalists.

It is the nature of the capitalist beast to make money by saving money.  And it is clear our capitalist society is beginning to adapt to the virtual world (especially since the Pandemic is not going away anytime soon).  Granted, not everything can be done remotely.  But we are still young in this new millennium and have only tapped into what technology can do.  Time will only allow technology to 1. Advance even more and 2. Decrease in costs.  This will likely produce a more virtual legal world that our ethics requires us to be prepared.  Are you ready?

To learn more follow my blog, listen to my podcasts and if you find you need more personal one-on-one help, reach out to me.  I do offer services to help other attorneys one-on-one – in person or virtually.

MTC

First Amendments Rights versus Security – What side should an attorney be on when it comes to his firm's software.

Last week, I discussed educational bodies banning photos taken at school from being posted on social media – “Self- Awareness in the Wild, Wild West World of Zoom” (posted September 14, 2020).  There are inherent First Amendment rights issues:  Students’ ability to talk openly with the public about what they think about their school, classmates, and faculty versus other students’ ability to have open discussions of thoughts, popular or not, without the fear of public scrutiny and (verbal and physical) threats.  Now the Courts have provided us a new lens to discuss this balance.

CNN reports that a Federal Judge in California has stayed the Government’s download ban of WeChat in the United States.  WeChat is a popular social chat application (app) that allows people to talk around the world.  The Plaintiffs note that WeChat is one of the very few chat apps that the Chinese Government allows to be used in its country.  Plaintiffs argue that their ability to communicate with others in China will be significantly interfered with if the ban were to be allowed.  The Government contends that there is a security risk, and its use should not be allowed in the U.S.  The judge determined that at this point, the Government has not provide[d] enough evidence that it is narrowly tailored to resolve the US government's national security concerns with respect to the app.  So, the ban is stayed, for now.  But, the question that needs to be asked by attorneys is, what does this mean for us?

Obviously, if a software program is banned in the U.S., we cannot use it:  It’s illegal.  But our concerns go beyond just whether or not software, hardware, or cloud service is “banned” in the U.S.  We need to consider whether it is safe to use.  Rule 1.6(c) requires us to secure our clients’ confidential information.  Rule #1.1, Comment, #8, requires us to be up to date in our knowledge of technology and how we use it to practice law (or at least have third party assistance in its use).  The concern for attorneys should be when pieces of technology have glaring red flags that they may want to find another platform to do their clients’ work.  Otherwise, they may find themselves with a bar complaint or two?

MTC

Self-Awareness in the Wild, Wild West World of Zoom. 🤠

I came across an ABA article recently where Harvard Law School is arguing comments made in a classroom setting should not be placed on social media.  In this instance, a student was observed cleaning his gun during a zoom class.  A fellow student took a screen capture of the other and posted it on social media with commentary.  Harvard took offense and has created a policy to prevent future action - it reflects on some issues we should consider and a reminder of the ongoing big takeaway.

(Remember, this blog let alone this post is not offered to provide legal advice, nor does it create an attorney-client relationship between blogger and reader.)

First, whether we appear in court or a classroom, via video conference or in person, we are in "public".  There is no general video conference exception in the law (at least that I am aware of).

Second, there is no classroom-student-teacher "privilege".  There is an attorney-client and doctor-patient privilege.  But, I have not heard that "classroom-student-teacher 'privilege'" been proposed by the ABA.

Lastly, while schools may have more authority to inhibit speech on school grounds, facilities, and newspapers, this policy seems to really smack against the student-poster's First Amendment Rights to free speech.  Moreover, the posting of a fellow student cleaning his gun while in class has not been referenced to any deliberative discourse he made in class. Indeed, if he actually brought a gun to an in-person class, there would be an immediate safety concern.  Recall the GA student who was suspended (and later reversed) for posting a hallway shot of her school not following social distancing for COVID.  Assuming he/she did not use the school's social media channels to make the post, this could all be fair game.

I don't know the answers to this. Given the recent explosion of Zoom meetings in various context due to COVID, various laws related to it will need some time to catch up.  But there is a takeaway:  You need to be mindful of what you are doing during a video meeting, conference, hearing, etc.  Wear pants (be mindful of what you are wearing), don't bring weapons (be mindful of what you are doing), and be careful what can be viewed behind you (be mindful of your setting).  The ease of sending something on social media and the lack of editorial filters makes it a matter of several simple clicks for the world to know something you did not mean to share.  And the internet has a long memory.

MTC

If Lawyers can work from home and law students can be taught while at home, why can’t bar examinees take their exam from home?

I am empathetic to the potential bar examinee this autumn.  They have worked hard for the past three to four years for this one test that will determine their future economic status.  While this is certainly stressful enough, the pandemic has impacted our economy.  Even those graduates who are lucky enough to have a job now (especially those who need not worry if bar passage is necessary to maintain their current job) will have to take time off (and lose money) to study for the bar.  But the uncertainty if the bar exams will even take place can only add to their anxiety.

I’m writing this editorial for this blog because we have the technology to allow examinees to take the exam remotely, e.g., the safety of their home.  Many attorneys have adjusted to shifting their work from their brick and mortar office to their home office.  Law Students have moved from the school classroom to virtually attending and taking exams remotely from their homes.  These shifts have all relied on technology and can easily be adjusted for bar examinees.

The Bar Examiners can monitor examinees through some video-conferencing application.  There are exam programs that lock out the hard drive except for the exam program (and perhaps the video-conferencing application).  I don’t think the Bar Examiners have to worry about the test takers cheating, e.g., looking at prewritten material, law books, and stuff online, as many of us recall the “open book” exams were a crutch.  You don’t have time to “cheat” given the structure of and time allotted for the exams.

There are still some states requiring in-person exams.  I do not think a bar applicant should have to choose obtaining a livelihood versus risking his/her own life and those around them.  The Bar Examiners need to catch up with today’s technology – when was the last time a lawyer was constrained to only using their memory of the law, no research materials, and all in a three-hour sitting when writing a brief?

It sounds like they may be committing malpractice if they did that! 😯