My Two Cents: The CrowdStrike MS Windows SNAFU and Its Impact on Lawyers 💻🚨

a faulty software update from CrowdStrike created caos for many industries - lawyers may have been one of them!

Last week, the legal community was jolted by a significant disruption caused by a faulty software update from CrowdStrike, a leading cybersecurity firm 🛡️. This update, intended for Microsoft Windows systems, led to widespread outages, affecting numerous sectors, including airlines ✈️, hospitals 🏥, and financial institutions 🏦. The incident serves as a stark reminder for lawyers about the vulnerabilities inherent in relying solely on a single operating system or service provider.

The Fallout Across Sectors 🌪️

The CrowdStrike update, deployed on July 19, 2024, inadvertently caused Windows machines to crash, displaying the infamous "Blue Screen of Death" (BSOD) 💀. This glitch had a domino effect, particularly in sectors heavily reliant on Windows-based systems. Airlines were among the hardest hit, with thousands of flights canceled or delayed as check-in and scheduling systems went offline ❌. For instance, Delta Air Lines and its affiliates canceled over 1,100 flights, while other major airlines faced similar disruptions.

Hospitals and emergency services also experienced significant setbacks 🚑. In the United States, the Emergency Alert System reported 911 outages in several states, while hospitals in Germany and Israel had to cancel non-urgent surgeries and reroute ambulances. Financial institutions, including banks in Australia and New Zealand, faced system inaccessibility, affecting transactions and customer services 💳.

The Impact on Apple Users 🍎

Interestingly, Apple users remained largely unaffected by this debacle. The faulty update was specific to Windows systems running CrowdStrike's Falcon software, leaving macOS and Linux systems unscathed 😌. However, Apple computers may have been indirectly impacted due to services that run on Windows-based platforms, such as Software as a Service (SaaS) applications and Windows-based servers. This highlights that even if the hardware and operating systems are secure, dependencies on Windows-based services can still cause disruptions.

Lessons for Lawyers 📚⚖️

Lawyers can learn many lessons from the crowdstrike snafu!

The CrowdStrike incident is a powerful lesson for lawyers and law firms about the importance of tech diversification and robust contingency planning. Here are some key takeaways:

• Cross-Platform Services 🔄: Relying on a single operating system or service provider can be risky. Lawyers should consider integrating both Windows and macOS systems within their practices. Similarly, using both iPhone 📱 and Android 🤖 devices can mitigate risks associated with platform-specific outages.

• Redundant Internet and Cellular Providers 📡: Ensuring that your practice has access to multiple internet and cellular providers can prevent complete shutdowns during service outages.

• Secure and Reliable Data Backups 💾: Regularly backing up data to secure, redundant locations is crucial. Cloud-based services ☁️, external hard drives, and even physical copies can ensure that critical information remains accessible during tech crises.

• Cybersecurity Vigilance 🔐: Staying updated with the latest security patches and updates is essential. However, it's equally important to have a protocol for quickly addressing any issues that arise from these updates.

The CrowdStrike MS Windows SNAFU should serve as a wake-up call for the legal community 🚨. Diversifying tech infrastructure and maintaining robust, secure data backups are not just best practices—they are essential strategies for ensuring continuity and resilience in the face of unforeseen disruptions. By learning from this incident, lawyers can better safeguard their practices and continue to serve their clients effectively, even in the midst of technological crises 💪.

My Two Cents: Preparing for the Future: How Legal Professionals Can Adapt to Rapid Technological Advancements

How will technological advancements impact the practice of law? 🧐

As a lawyer deeply invested in the intersection of law and technology, I understand the rapid evolution reshaping our profession. My recent experience at the MacStock 8 Conference outside of Chicago reinforced the importance of staying ahead of technological advancements. Here’s how I believe we, as legal professionals, can prepare for the changes in technology today, one year from now, five years from now, and in the future.

Today!

To enhance efficiency and client service, lawyers must embrace current technological tools. David Wilkins, director of the Center on the Legal Profession at Harvard Law School, emphasizes the importance of AI in legal practice: "Every other conversation I have is about ChatGPT and how it will impact the practice of law". To prepare, we should:

• Familiarize ourselves with AI-powered legal research tools;

• Adopt cloud-based document management systems[1];

• Implement robust cybersecurity measures;

• Learn to use e-discovery software for more efficient case preparation.

Participating in tech conferences at any level can help enhance your knowledge of the tech tools you use for work! 🤗

At MacStock 8, I presented on "Harnessing ChatGPT for Apple Enthusiasts: Revolutionizing Shortcuts, Automations, and AI-Powered Analysis." This topic underscores how general-purpose technology can be leveraged for legal applications. As I mentioned in my MacVoices interview, "I'm going to be talking about insights into using artificial intelligence for automation tools like Hazel, AppleScript, TextExpander, and Microsoft Word".

One Year from Now!

As technology continues to advance, we should focus on integrating more sophisticated tools into our practice. This includes:

• Exploring AI-powered contract analysis software;

• Implementing virtual law firm models to offer remote legal services;

• Utilizing predictive analytics for litigation strategy;

• Adopting legal chatbots for basic client interactions.

It’s not too hard to see that AI-powered tools can analyze vast amounts of legal data, providing lawyers with comprehensive insights, relevant case law, and accurate precedents. By harnessing these capabilities, lawyers who use AI can gain a significant competitive advantage.

Five Years from Now!

Looking further ahead, we should prepare for more transformative changes in legal technology. This may involve:

• Incorporating blockchain technology for smart contracts and secure transactions;

• Utilizing augmented reality (AR) for immersive courtroom presentations;

• Leveraging advanced data analytics for strategic decision-making;

• Adapting to new regulatory technology (RegTech) solutions for compliance management.

As noted by legal tech experts, "Blockchain technology is gaining traction in legal operations, primarily for its ability to enhance security, transparency, and efficiency".

The Future!

In the long term, we must be ready to embrace radical changes in the legal profession. This includes:

How will ai impact the practice of law with concepts like “smart contracts”?

• Developing expertise in emerging areas of law related to AI;

• Adapting to potential shifts in legal education and licensing;

• Preparing for the possibility of AI-assisted judging and decision-making;

• Exploring new business models that combine legal expertise with technological innovation.

David Wilkins suggests that the future of law will require a new approach to legal education: "How can we best prepare students for the new realities of legal careers in the middle decades of the 21st century?".

To thrive in this evolving landscape, we must commit to continuous learning and adaptation. This means not only staying current with legal developments but also actively engaging with technological advancements. We should:

• Regularly attend both legal and general technology conferences;

• Participate in online courses on emerging technologies;

• Collaborate with tech professionals to understand new tools and their applications;

• Advocate for technology training within our firms or organizations.

By proactively preparing for technological changes, we can position ourselves as leaders in the field, offering innovative solutions to clients and contributing to the advancement of the legal profession. As the legal industry continues to evolve, those who embrace technology will be best equipped to navigate the challenges and opportunities that lie ahead!

MTC!

[1] https://lexworkplace.com/best-legal-document-management-software/

Why Lawyers Should Teach Tech Skills – The Tech-Savvy Lawyer will Present at the 2024 MacStock 8 Conference!

lawyers can get so many benefits from teaching other lawyers on how to use technology!

Lawyers should teach technology skills to fellow attorneys. Teaching not only reinforces the lawyer’s expertise but also improves the legal profession and helps others succeed. It creates a community of tech-savvy lawyers who can better serve clients. 

This is one of the reasons why I’ll be presenting at this year’s MacStock 8 conference. MacStock is a conference for Apple enthusiasts who are looking to hang out with like-minded people and “level” up their skills. I enjoy my Apple computer products, and I enjoy sharing with others the skills I have learned over the years. I hope my presentation supplements my commitment to sharing valuable tech skills with others both in and out of the legal field.

Lawyers, you do not necessarily need to teach a course or CLE to share knowledge.  It can be as simple as a passing suggestion or spending a few minutes helping a fellow lawyer, court staff, or, gasp, even your opposing counsel.

By teaching technology, lawyers foster innovation, efficiency, and collaboration in law practice. It's a win-win that benefits both teachers and learners.

MTC

You Can Still Get Tickets To MacStock 8!

🧑🏻‍💻

You Can Still Get Tickets To MacStock 8! 🧑🏻‍💻

For those interested in attending MacStock 8, it will be held outside of Chicago. Tickets are still available here. If you use the code TECHSAVVYLAWYER (expires 7/11/2024), you can get $30 off your Weekend Pass ticket price.

Don’t worry if you can’t travel ✈️ —there is a digital on-demand option, too! The Digital Pass delivers MacStock’s Saturday and Sunday sessions to you on-demand approximately 30 days after MacStock Weekend

What Lawyer's Should Do Before Their Chatbots or DIY Services Fail: Lessons from Meta's Small Claims Court Saga! 🤖⚖️

Clients are coming up with creative ways to get a service providers attention when the chatBot or online DIY service does not meet their expectations…

In an era where technology is reshaping the legal landscape, a recent trend involving Meta (formerly Facebook) offers valuable insights for law firms venturing into chatbots and online DIY services. The phenomenon of users turning to small claims courts as the de facto means to resolve issues with Meta's platforms highlights the importance of effective digital customer service. Lawyers should see Meta's customer service failure that results in small litigation as a warning that when using chatbots or providing online DIY services they still need to keep a human hand in these communications to prevent future bar complaints!

The Case In Chief 📱🏛️

Meta, the parent company of Facebook and Instagram, has faced an unusual challenge. Users, frustrated with account lockouts and bans, have resorted to filing small claims lawsuits against the tech giant. This unconventional approach has surprisingly become an effective way for users to regain access to their accounts or receive compensation. So, what can the legal community learn from this?

The Lesson to Be Learned 🧑🏼‍🏫

Chatbots and DIY services are bringing low-cost and easier access to legal assistance for those who typically may not be able to afford such services from a more traditional (and perhaps one day antiquated) law firm model. However, clients want to know that they are being heard, and sometimes their "square peg" question does not fit into the "round hole" of an automated response. Similarly, the online service may not be able to provide a satisfactory answer, leaving the customer frustrated or infuriated over their wasted time and money.

It is crucial for lawyers using these digital platforms in their offices to have "real person" options as a safety net. It's much easier and cheaper for a disgruntled client or even a potential client to file a bar complaint versus going to small claims court.

Here are some takeaways and proactive steps lawyers should consider when using chatbots and online DIY services

Does your law firm have a plan to “pick up the pieces” should its chatbot fail? 😲

Key Takeaways for Law Firms 💡

• The Importance of Human Touch 🤝

While automation can streamline processes, the Meta case underscores the value of human intervention. Law firms implementing chatbots should ensure there's an easy way for clients to escalate issues to a real person.

• Clear Communication is Crucial 📢

Many Meta users turned to small claims courts due to a lack of clear communication channels. Law firms should prioritize transparent and accessible communication options in their digital services.

• Anticipate and Address Common Issues 🔍

Meta's situation arose partly from recurring account access problems. When setting up online services, law firms should identify potential pain points and create dedicated resolution pathways.

• Regular System Audits 🔄

Conduct frequent reviews of your digital services. This helps identify and rectify issues before they escalate to client frustration.

• Empower Your Chatbot, But Know Its Limits 🤖💼

While chatbots can handle routine queries, they should be programmed to recognize complex issues that require human expertise. Ensure your system can seamlessly transfer such cases to appropriate staff.

Some Tips for Implementing These Lessons 🛠️

clients are coming up with creative ways to get an online providers attention when they think a chatbot or online diy service fails - Don’t give them reason to file a law suit or worse yet a bar complaint!

• When developing your firm's chatbot or online DIY service:

• Create a clear escalation process for issues the bot can't resolve

• Provide multiple contact options for clients

• Regularly update your FAQ and chatbot responses based on common client queries

• Implement a feedback system to continuously improve your digital services

• Train your staff to effectively handle cases escalated from digital platforms

Conclusion 🎯

The Meta small claims phenomenon serves as a cautionary tale for the legal tech world. It emphasizes the need for a balanced approach that leverages technology while maintaining the human element crucial to legal services.

By learning from Meta's experience, law firms can create more effective and client-friendly digital services. Likewise, in the legal world, technology should complement, not replace, the expertise and personal touch that clients expect from their legal representatives. 💻⚖️ This approach not only enhances client satisfaction but also prevents potential frustrations that could lead to unconventional problem-solving methods by clients like bar complaints. 😲

MTC

📱 My Two Cents: Understanding Digital Footprints: Lessons from a Lawsuit Against Apple! ⚖️

In today’s digital age, It’s important that lawyers understand the impact of digital footprints in the courtroom.

In the digital age, the traces we leave behind on our devices can have profound implications, both personally and legally. This reality was starkly highlighted in a recent case where a man sued Apple after his wife discovered his deleted iPhone messages on their family iMac, leading to their divorce. This incident underscores the importance of understanding digital footprints and their potential consequences.

The Case in Brief                                                                      

The lawsuit revolves around a man who believed his deleted iPhone messages were permanently erased. However, due to iCloud synchronization, these messages were accessible on the family iMac. His wife discovered these messages, which contributed to the breakdown of their marriage. In response, he filed a lawsuit against Apple, alleging that the company's failure to ensure the complete deletion of his messages led to his divorce.

The Technical Background

Apple's ecosystem is designed for seamless synchronization across devices. iCloud, Apple's cloud service, enables this by storing data such as messages, photos, and documents in the cloud. When a user deletes a message on their iPhone, it may not be immediately or permanently removed from all synced devices. This synchronization feature, while convenient, can inadvertently expose private information if users are not fully aware of how it works.

Legal Implications

Apple is bening sue for privacy invasion because a user’s illicit activities where exposed to someone else on their shared account? 🤨

From a legal perspective, this case raises several important issues:

Expectation of Privacy: Users often assume that deleting a message or any data on one device ensures its permanent removal. This case challenges that assumption and highlights the need for better user education on how data synchronization works.

Data Management and Control: The case underscores the necessity for clear and comprehensive user controls over data management. Users should have straightforward options to permanently delete data across all devices and cloud services.

Liability and Responsibility: The lawsuit against Apple raises questions about the liability of tech companies in ensuring user privacy. Should companies be held responsible for educating users about potential data remnants across synced devices? This case might set a precedent in defining the extent of a company's responsibility in protecting user data.

(The Tech-Savvy Lawyer.Page is about teaching the public how technology can impact the practice of law.  It’s not about offering legal opinions. Meanwhile, questions arise about how can a man who apparently uses a shared account complain that other members of the account can see his communications (including years’ worth of texts with prostitutes], but I digress).

Lessons for Legal Professionals

Attorneys need to inform their clients about the legal implications of their digital footprint!

As legal professionals, it is crucial to understand the intricacies of digital footprints and the potential legal ramifications for clients. Here are some key takeaways:

Educate Clients on Digital Footprints:  Make sure clients are aware of how digital data is stored, synchronized, and deleted. This includes understanding cloud services and their impact on data privacy.

Advise on Best Practices: Encourage clients to regularly review their privacy settings on all devices and cloud services. Suggest periodic audits of their digital data to ensure no unintended remnants are accessible.

Stay Informed About Technology: The legal field must keep pace with technological advancements. Understanding how different platforms and services handle data can help in advising clients accurately and effectively.

Consider Digital Footprints in Legal Strategies: In cases involving digital evidence, such as divorce or corporate litigation, consider the potential existence of data remnants on synced devices. This can be crucial in building or defending a case.

Conclusion

Lawyers need to strategize about how “digital footprints” can be used in the court - for both good and bad!

The case against Apple serves as a reminder of the pervasive nature of digital footprints. In our interconnected world, understanding how data synchronization works and its implications for privacy is vital. For legal professionals, this knowledge is not just beneficial but necessary in navigating the complexities of modern legal challenges. By staying informed and proactive, we can better protect our clients and ourselves from the unintended consequences of our digital lives.

MTC

My Two Cents: With AI Creeping Into Our Computers, Tablets, and Smartphones, Lawyers Need to Be Diligent About The Software They Use.

Lawyers need to be weary about the computer company behind the curtin as to what information they are taking from your data!

As Apple is anticipated to announce a new iPhone with AI baked into its operating system, lawyers, like Dorothy in the Wizard of Oz, can no longer stand idly by and trust that the person behind the curtain, i.e., the software creator or owner of their software product, is both trustworthy and not going to use the customer’s data in ways inconsistent with the data owners’ objectives or to protect their data personal identification information. Per ABA Model Rule 1.6(a), lawyers must reasonably ensure that their client’s Personal Identification Information (PII) is protected. And recent events are providing a bit of a minefield for not just lawyers.

I use a popular subscription service application called SetApp. It’s a subscription service that gives me access to over 240 applications. I use many of them daily. But one of its applications, Bartender (which helps clean up and manage your Mac computer’s toolbar), was recently but secretively purchased by a private company. The problem is that little is known about the company. There is a very legitimate concern that Bartender may be improperly using its customer’s computer data – apparently (but not confirmed to be) making unauthorized screenshots. (Note that this is not a critique of SetApp, but I am going to reevaluate my use of Bartender – here are some alternatives you may want to check out.) But this general concern does not end with just “unknown” Wizards.

Lawyers need to be weary about the computer company behind the curtin as to what information they are taking from your data!

It was recently discovered that Adobe changed customer's terms of service. Lawyers should be deeply concerned about Adobe's updated terms of use for Photoshop, which grant the company broad rights to access and remove users' cloud-stored content. This raises significant privacy and confidentiality issues, particularly for legal professionals handling sensitive client data under non-disclosure agreements (NDAs), protecting PII, and trial strategies. Adobe's ability to view and potentially mishandle files covered by NDAs could lead to damaging leaks and breaches of client trust. You can “opt out” of this by going to your account’s privacy settings, going to “Content analysis,” and making sure the “Allow my content to be analyzed by Adobe for product improvement and development purposes” option is not selected. You can also not upload your material to Adobe’s could service – these steps may provide an extra layer of protection, but no one is 100% sure.

As custodians of confidential information, lawyers have an ethical duty to safeguard client secrets. Adobe's overreaching policy raises significant concerns for the legal community. These concerns extend beyond software, as computer companies now integrate AI into their hardware systems.

Many Windows machines are developing their computers to work inherently with MS Windows' own AI, Copilot. At the time of this writing, Apple is expected to announce a new operating system with an AI built into it to work with its new M4 chip. In other words, hardware and software companies work together to have their machines work naturally with operating systems that have AI built into their software. The biggest concern that should be on lawyers' minds is how their data is being used to train a company’s AI. What protections are being built into the systems? Can users opt-out? What does this all mean for us lawyers?

This means that lawyers at any computer skill level must pay attention to the Terms of Service (ToS) for the computers and software they use for work. The warning signs are there. So, stay tuned to your Tech-Savvy Lawyer as we navigate through this together!

MTC

My Two Cents: Lawyers Need to Remember to Navigate Ethical Boundaries When Using Listservs: ABA's Guidance on Client Information Sharing.

Lawyers need to maintain client confidentiality when talking with colleagues in online forums.

The legal profession's reliance on technology continues to grow, facilitating collaboration and knowledge sharing among practitioners. Listservs, e.g., the American Bar Association's (ABA) own “solosez”, serve as an excellent medium for lawyers to discuss day-to-day law office management concerns, legal issues, and even their own cases.  But, when doing so, lawyers must still remember to keep their (former or current) client’s confidentiality when using these public forums.

The ABA recently issued Formal Opinion 511 to address ethical concerns surrounding the dissemination of client information on listservs and similar platforms.  The opinion emphasizes the need for lawyers to exercise caution when discussing client matters online, even in closed forums intended for professional discourse. Revealing confidential client information without proper consent can violate the duty of confidentiality enshrined in Model Rule 1.6.

While listservs offer a valuable resource for seeking guidance from peers, the ABA underscores that lawyers must refrain from disclosing information that could reasonably lead to the identification of a client. This includes details about the client's identity, legal issues, or other specifics that may compromise confidentiality.  But to emphasize the point of the opinion, it’s not just keeping confidential the identity, legal issues, or other specifics that may compromise confidentiality; this includes any information that could reasonably lead to the identification of a client.

To strike a balance between confidentiality and the benefits of professional collaboration, the opinion suggests several best practices:

Lawyers need to maintain client confidentiality with even some of the most minute details if it could “reasonably” reveal the client when talking with colleagues in online forums.

• Anonymization: Lawyers should carefully anonymize client information by removing identifiers and altering specific facts to prevent inadvertent disclosure;

• Client Consent: Obtaining the client's informed consent before sharing any details about their matter is the safest approach, though not always practical.

• Forum Vetting: Evaluate the listserv's membership, policies, and security measures to ensure it provides adequate safeguards against unauthorized access or dissemination of shared information.

• Contextual Consideration: Assess the sensitivity of the client's matter and the potential risks of disclosure before deciding whether to share information on a listserv.

In today’s social media age, it is easy for people to feel anonymous online. This can lead some people to let their safeguards down and reveal too much personal information. Or, quite frankly, say things they would not say to others in public.  Lawyers, too, need to ensure they are not revealing client information that may breach their ethical obligations to their clients (both current and former).

So, I’d like to repeat myself from above, while digital platforms facilitate knowledge sharing and professional development, lawyers must exercise vigilance to protect client confidentiality.  By adhering to the ABA's guidance and implementing robust safeguards, lawyers can leverage the benefits of online collaboration while upholding their ethical duties. Striking this balance is crucial for maintaining public trust and preserving the integrity of the legal profession in the digital age.

MTC.

Lawyers, Beware! AI is Encroaching into Your Google Searches.

Attorneys need to worry even more about how ai may creep into their work!

The integration of Artificial Intelligence (AI) into Google searches has marked a significant shift in how information is processed, accessed, and delivered. While beneficial across various sectors, this technological advancement poses unique concerns for the legal profession. Lawyers, in our pursuit of justice and accurate representation of our clients, rely heavily on the precision and reliability of the information we gather. The obvious concern lawyers should have is how is AI manipulating this information before we get it (and whether it is accurate).    

Recall, AI's role in refining search algorithms has made finding relevant information more efficient. But, this efficiency comes with a caveat for the legal field. The primary concern revolves around the inherent biases and limitations within AI systems. These systems are trained on vast datasets that inevitably contain biases from past cases and decisions. For lawyers, this means that search results could be skewed or incomplete, potentially overlooking critical precedents or interpretations of law that might significantly impact our case.   

Taking a break from the conference and getting some work done at a coffee shop in Omaha’s old market district!

Moreover, the opaque nature of AI algorithms makes it difficult to understand how certain results are prioritized over others. This lack of transparency can be particularly problematic for lawyers who require a comprehensive understanding of all relevant legal precedents and interpretations to build their cases effectively. The fear is not just about missing out on crucial pieces of information but also about the reliability and authenticity of what is presented.     

As I have previously blogged, Judges, too, have expressed reservations about the uncritical use of AI in legal research and courtroom proceedings. They caution against an over-reliance on technology that may not fully grasp the nuances and complexities inherent in legal reasoning and judgment. Judges underscore the importance of human oversight in interpreting legal texts and making judicial decisions—an aspect that AI currently cannot replicate. Some judges have outright banned the use of AI in their courtrooms - signaling severe punishment should a lawyer be caught using AI in their work.   

Given these concerns, it's imperative for lawyers to adopt strategies to mitigate the influence of AI biases on any research process, including Google searches. The straightforward approach would be not to use Google. But I’m sure the other search engines are catching up to Google and will have their own “AI” search capabilities soon.  Lawyers could try diversifying their sources beyond Google searches by utilizing specialized legal databases that offer peer-reviewed articles and verified case laws - but even Lexis (with Lexis AI) and Westlaw (with Westlaw Precision are getting into the AI game. This just creates more hurdles for lawyers practicing before judges who prohibit the use of AI in their courtrooms. Another approach would be to turn off the “AI” function in your Google searching, but that is easier said than done (stay tuned for an upcoming “How to Turn Off ‘AI’ in Your Google Searches”!) In the end, lawyers can benefit from staying up-to-date with developments in AI technology to understand its capabilities and limitations better and know where it is being used.

A great view from getting a little work done in omaha! Remember, always use a vpn when on public wifi!!!

Lawyers of all ilk need to foster a culture within law firms where continuous learning about technological advancements becomes a priority can equip lawyers with knowledge on navigating through an increasingly digital landscape without overly depending on automated systems. This was something we discussed at the 2024 GPSolo, LP & YLD Joint Spring Conference.  One place you might consider staying abreast of these issues is following your friendly neighborhood, The Tech-Savvy Lawyer.Page Blog! 🤗

Stay Tuned and Happy Lawyering!

My Two Cents: How The Tiktok Ban May Affect Legal Advertising And Client Communication!

Will a ban on "tik-tok” in the united states affect an effective way for lawyers with limited means find new clients?

Recently, the Biden Administration signed into law a "potential" ban on the popular social media application TikTok.  TikTok is an application with a unique blend of short-form video content and algorithm-driven visibility loved by many - teenagers, adults, small businesses, big businesses, and more!  It has emerged as a powerful tool for law firms and solo practitioners to showcase their expertise, demystify complex legal concepts, and build a more approachable brand image.  Before everyone freaks out, including lawyers, about TikTok being shut down, this law gives TikTok nine months (with a possible three-month extension) to be divested from its parent company, ByteDance. So, what is the underlying problem?

ByteDance is accused of being a Chinese Spy. The U.S. Government believes the parent company will have unprecedented information on American Citizens that will cause a national security issue.  This is a legitimate concern but, in reality, may not be justified given the available data American's already freely share on the internet.  But, with discussions around national security concerns leading to potential bans or restrictions in various countries, the legal community stands at the precipice of a significant shift in digital communication strategies. Meanwhile, these legitimate security issues are buttressed against individual Constitutional rights of free speech and self-determination (of what to do with one’s own information).

Lawyers need to navigate how Federal laws, state laws, and state bar ethics may affect their social media presence!

The ban's most immediate effect on legal advertising stems from TikTok's role as a democratizing force in digital marketing. Unlike traditional platforms that require substantial investment in content creation and distribution, TikTok has allowed small businesses, including solo lawyers and small- to medium-size law firms, to reach potential clients through creative, engaging content without significant financial overheads. The platform's algorithm favors engagement over follower count, making it possible for even new practitioners to gain visibility among millions of users. Thus, a ban would close off a vital avenue for cost-effective brand building and a forum through which to cultivate new clients.

Moreover, TikTok has facilitated a unique form of client communication and community building that is especially relevant in today’s fast-paced digital environment. Legal professionals have leveraged the platform not only to advertise their services but also to provide valuable legal education and commentary on current events in an accessible format. This approach has helped demystify the law for many individuals who might otherwise feel intimidated by the prospect of engaging with legal issues or contacting a lawyer. In the end, the loss of this channel could significantly hinder efforts to make the law more accessible to the general public.

The ripple effects extend beyond direct marketing implications; they touch upon how law firms position themselves within an increasingly online world where social media presence is often synonymous with relevance and thought leadership. For many younger clients or those immersed in digital culture, a firm’s presence on platforms like TikTok signals openness to innovation and a willingness to communicate in relatable terms.

lawyers will need to figure out how their bottom line is affective if they can no longer use Tiktok as an economically efficient means of advertising and potential client communication!

In navigating these changes, law firms must reconsider their digital marketing strategies by exploring alternative platforms that offer similar engagement opportunities without running afoul of potential legal restrictions. (This can be challenging as lawyers need to be weary of federal laws, their state laws, their state bar ethics, and the laws of other states their TikTok ads may appear in - which could likely be all of them!)  Adapting content strategies to fit new platforms while maintaining authenticity will be crucial. Moreover, firms may need to invest more heavily in other forms of digital marketing, such as search engine optimization (SEO), pay-per-click (PPC) advertising, or even revert back towards more traditional channels, albeit more expensive and less effective if those become the remaining alternatives. Thus, limiting their ability to reach new clients.

Understanding how a TikTok ban impacts legal advertising and client communication involves recognizing both its role as an equalizer in digital marketing for lawyers and its capacity for fostering meaningful connections with current and prospective clients. As restrictions loom on the horizon, navigating these shifts will demand creativity, adaptability, and foresight from legal professionals committed to maintaining robust lines of communication with their audience. All the while, lawyers will have to agonize if they should continue advertising on TikTok and if the investment they have already made in TikTok will require further expenditure to be retooled, if even possible, for other means of advertising.

It’s a mess right now, and I don't think lawyers need more to stress over.  But here we are….

MTC

Happy Lawyering!

My Two Cents/BOLO: Privacy Alert for Legal Pros: Navigating Discord's Data Vulnerabilities and Maintaining Client Confidentiality on the Internet

Lawyers can learn a valuable lesson from a recent privacy breach alert for Discord users. Discord, originally designed for gamers to communicate while gaming, is a versatile chat app like Slack or Skype, offering real-time messaging, voice, and video to its over 100 million users. Discord users faced a privacy issue where their data on public servers has been scraped and sold. An online service named Spy Pet has been collecting data from thousands of Discord servers and selling it cheaply for various purposes, including to law enforcement and AI companies. This has raised concerns because the data includes user activities and messages, even though private direct messages remain secure.

Lawyers need to be careful about what services they use when communicating client information on the internet.

Here are some General Tips for Lawyers on Protecting Privacy when using Discord and Similar Platforms:

Be cautious about what you share on public servers since anything posted can potentially be scraped.

Monitor and manage server bots carefully to avoid unwanted data scraping. Remove or ban suspicious accounts.

Adjust server privacy settings to restrict who can join and view content.

Lawyers should be especially cautious when using platforms like Discord for any sensitive communications. Given the lack of end-to-end encryption for public server messages and the potential for data scraping:

Lawyers are a guardian of their client’s information when using it online!

• Avoid sharing any confidential information that could compromise client privacy.

• Utilize platforms that are specifically designed for secure, encrypted communications to ensure confidentiality and compliance with legal standards.

Always assume that any data shared on non-encrypted platforms could be accessed by unintended parties. Most of the popular Law Practice Management Programs and paid communication platforms should be secure. But it's always best to check a company's Terms of Service and online reputation before entering client confidential or private information.

MTC

Happy Lawyering!