My Two Cents: Podcasting for Lawyers - How the 2024 Podcast Movement in DC is Shaping Legal Practices.

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Your favorite Tech-Savvy Lawyer at 2024 Podcast movement!

There is a clear, growing intersection of law and podcasting. This is why I attended last week’s 2024 Podcast Movement in Washington, DC.  As a lawyer who attended this event, I found myself amidst a vibrant community of creators, including familiar faces like former podcast guests David Hamilton of Mac Geek Gab and Gordon Firemark, known as The Podcast Lawyer™. Although the number of lawyers was small, the convergence of legal professionals and podcasters underscores a compelling trend: lawyers should embrace podcasting as a powerful tool for their practice.

Benefits of Podcasting for Lawyers 

Podcasting offers numerous advantages for lawyers. Firstly, it serves as an excellent platform for thought leadership. By sharing insights and expertise, lawyers can establish themselves as authorities in their respective fields. This not only enhances their professional reputation but also attracts potential clients who seek knowledgeable legal counsel. And when you see sponsors and vendors like CNN Radio, NPR, and SiriusXM, there is clearly a large market to tap into and as I think echoed amongst the attendees there is plenty of room for more podcast shows and talent. THIS COULD INCLUDE YOU!

Moreover, podcasting provides a unique opportunity for networking and collaboration. At the Podcast Movement, reconnecting with previous podcast guests like Dave and Gordon and meeting and hearing from people like Lindsay Bowen and Andrea Sager (both discussed below) exemplified the community-building aspect of podcasting. Such interactions can lead to fruitful partnerships and referrals, expanding a lawyer's professional network.

Lawyer like any podcaster must be mindful of legal issues when podcasting!

Additionally, podcasting can demystify legal concepts for the general public. By breaking down complex legal issues into accessible content, lawyers can educate their audience, fostering a better understanding of the law. This educational aspect not only benefits listeners but also positions lawyers as approachable and client friendly.

Legal Concerns in Podcasting

Despite its benefits, podcasting is not without legal challenges. During the Podcast Movement, Gordon Firemark's presentation, "Lights, Camera, Lawyers! - Legal issues video creators encounter that you might not have considered," highlighted potential pitfalls. Issues such as intellectual property rights, defamation, and privacy concerns are paramount. Lawyers venturing into podcasting must be vigilant about these legalities to avoid potential liabilities.

Lindsay Bowen, another lawyer for podcasters, discussed "NO FAIR! Let's talk about fair use," emphasizing the importance of understanding copyright laws when using third-party content. Furthermore, I talked with lawyer Andrea Sager of The Legalpreneur Podcast about on getting trademarks for your podcast underscoring the necessity of protecting one's brand in the podcasting space.

Final Thoughts

There is a large and growing market for lawyers who podcast!

Through The Tech-Savvy Lawyer.Page Blog and Podcast, I have consistently advocated for the integration of technology in legal practice. Tools like Podcasting presents a valuable opportunity for lawyers to expand their influence, connect with peers, and educate the public. This aligns perfectly with the ethos of podcasting, which democratizes information and reaches a broad audience.

However, it is crucial to navigate the legal landscape carefully. By understanding and addressing potential legal issues, lawyers can harness the full potential of podcasting, ensuring it becomes a beneficial extension of their practice. As the legal profession continues to evolve, embracing platforms like podcasts will be essential for staying relevant and impactful in the digital age. 

MTC

Stay tuned as I hope to have some exciting announcements in the months to come!

📢 🎙️ 📒

Stay tuned as I hope to have some exciting announcements in the months to come! 📢 🎙️ 📒


My Two Cents: AI vs. Traditional Web Searches: A New Era for Legal Professionals

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Will AI Searches Replace Traditional Web Searches?

WIll lawyers no longer have to struggle with multiple tabs and stacks of legal books as AI may rid the time-consuming nature of traditional web searches?

The advent of AI-driven search engines like ChatGPT*, Perplexity.AI* and Google Gemini has sparked discussions about the future of traditional web searching. These AI systems promise to revolutionize how information is accessed, but will they completely replace traditional search engines? More importantly, how will this shift impact the legal profession? 🧐

The Rise of AI in Search

AI search engines leverage advanced language models to provide more intuitive and conversational search experiences. Unlike traditional search engines that rely on keyword matching, AI searches can understand context and nuances, offering more precise and relevant results. This capability allows users to obtain direct answers without sifting through multiple links, potentially reducing the need for traditional web searches.

Impact on the Legal Profession

For lawyers, the shift towards AI-driven search engines presents both opportunities and challenges:

An AI-powered search engine can provide instant, precise results, allowing lawyers to focus on strategic tasks rather than sifting through endless information.

  • Efficiency and Speed: AI tools can significantly reduce the time required for legal research by providing quick and accurate answers. This can enhance productivity and allow lawyers to focus more on strategic tasks rather than routine research.

  • Access to Information: AI systems can democratize access to legal information, making it easier for individuals to obtain legal advice without professional help. This could lead to an increase in pro se litigants, challenging the traditional lawyer-client dynamic.

  • Quality of Information: While AI systems can provide quick answers, the quality and reliability of these answers can vary. Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications.

Challenges and Considerations

  • Ethical and Privacy Concerns: The use of AI in legal research raises ethical questions, particularly regarding data privacy and the potential for bias in AI-generated outputs. Lawyers must ensure that AI tools comply with legal standards and ethical guidelines. 

  • Dependence on Technology: As AI becomes more integrated into legal practices, there is a risk of over-reliance on technology. Lawyers should maintain their critical thinking and analytical skills to interpret AI outputs effectively. 

  • Impact on Employment: The automation of routine legal tasks through AI could lead to job displacement within the legal sector. However, it could also create new roles focused on managing and interpreting AI tools.

Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications!

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Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications! 🚨

Preparing for the Future 

The New Legal Professional will likely have to Combine AI-driven efficiency with essential human skills like empathy and nuance.

Lawyers should take proactive steps to adapt to this technological evolution:

  • Embrace AI Tools: Understanding and integrating AI tools into legal practice can enhance efficiency and competitiveness. Familiarity with AI technologies will be crucial for future legal professionals.

  • Continuous Learning: It is essential to stay informed about advancements in AI and their implications for the legal field. Continuous professional development will help lawyers navigate the changing landscape.

  • Focus on Human Skills: While AI can handle routine tasks, human skills like empathy, negotiation, and complex problem-solving remain irreplaceable. Lawyers should focus on these areas to provide value beyond what AI can offer.

AI-driven search engines are poised to transform how information is accessed and utilized in the legal profession. While they offer numerous benefits, they also present challenges that require careful consideration. By embracing AI tools while maintaining a critical approach to their outputs, lawyers can harness the potential of AI to enhance their practice and better serve their clients.

Happy Lawyering!

MTC

My Two Cents: Lessons from ABA's Formal Opinion 512 - A Follow-Up!

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there will be many Collaborative discussions on ABA Formal Opinion 512's impact on legal practice!

This post is a follow-up to last week's editorial on my experience with the AI sessions at the American Bar Association's (ABA) 2024 Annual meeting. Today, I'll delve deeper into ABA's Formal Opinion 512 and explore its implications for legal practitioners.

Building on Prior Model Rules

ABA's Formal Opinion 512 builds on several foundational Model Rules of Professional Conduct. These include:

 Breakdown of ABA Formal Opinion 512 

Tech-savvy lawyer reviews ethical implications of AI under ABA Opinion 512.

 1. Competence

Formal Opinion 512 emphasizes that competence in legal practice now extends to a lawyer's understanding and use of technology. Lawyers must stay informed about changes in technology that affect their practice areas. This includes:

  • Understanding AI Capabilities: Lawyers must understand the capabilities and limitations of AI tools they use.

  • Continuing Education: Lawyers should engage in ongoing education about technological advancements relevant to their practice.

 2. Confidentiality

The opinion underscores the importance of maintaining client confidentiality when using AI tools. Key points include:

  • Risk Assessment: Lawyers must assess the risks associated with using AI tools, particularly concerning data security and privacy.

  • Vendor Due Diligence: Lawyers should conduct due diligence on AI vendors to ensure they comply with confidentiality obligations.

Lawyers will be Debating AI ethics and compliance for the foreseeable future!

 3. Supervision

Lawyers are responsible for supervising the AI tools and ensuring they are used ethically. This includes:

  • Oversight: Lawyers must oversee the AI tools to ensure they are used appropriately and do not compromise ethical standards.

  • Accountability: Lawyers remain accountable for the outcomes of AI-assisted tasks, ensuring that AI tools do not replace human judgment.

 4. Communication

Effective communication with clients about the use of AI is crucial. Lawyers should:

  • Inform Clients: Clearly inform clients about the use of AI tools in their cases.

  • Obtain Consent: Obtain informed consent from clients regarding the use of AI, especially when it involves sensitive data.

ABA's Formal Opinion 512 signals that AI is now essential in legal practice, but it also underscores the importance of maintaining ethical standards when using it.

Final Thoughts

ABA's Formal Opinion 512 is a significant step in ensuring that lawyers remain competent and ethical in an increasingly digital world. By emphasizing the need for technological proficiency, confidentiality, supervision, and clear communication, the ABA reinforces that staying updated with technology is not optional—it's a matter of maintaining one's bar license. Lawyers must embrace these guidelines to provide the best possible representation in the modern legal landscape.

Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do!

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Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do! 🚨

My Two Cents: The ABA Takes Lawyers’ Use of AI Head-On!

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I can’t visit Chicago without stopping by one of my favorite apple stores!

Last week, I attended the ABA 2024 Annual Meeting in Chicago, focusing on the Artificial Intelligence (AI) sessions. This conference followed the release of the ABA’s Formal Opinion 512 on Generative Artificial Intelligence Tools. Over the past few years, the ABA has issued several opinions indirectly addressing AI:

Opinion 512 emphasizes that lawyers must balance the benefits of AI tools with their ethical obligations to ensure competent, confidential, and transparent client representation. I plan to delve deeper into Opinion 512 next week. The key takeaway is that as AI technology evolves, ongoing education and vigilance are crucial to maintaining high professional standards in the legal field. This is why I attended the ABA 2024 Conference!

Session Highlights

CLE in the City: AI Hot Topics Every Lawyer Needs to Know

Jayne R. Reardon, discussing the ethical and professional responsibility issues lawyers must be aware of when using AI for their work!

The first session I attended was "CLE in the City: AI Hot Topics Every Lawyer Needs to Know," hosted by Taft Law and moderated by Lucy L. Thompson, Principal at Livingston PLLC. The panel included:

  • Leighton Allen, Associate at Foley & Lardner, LLP.

  • Jayne R. Reardon, Ethics and Professional Responsibility Counsel

  • Magistrate Judge Gabriel A. Fuentes, U.S. Magistrate Judge, Northern District of Illinois

  • Josh Strickland, Corporate Vice President, Global Products, Motorola Solutions

  • Honorable E. Kenneth Wright, Jr., Presiding Judge, 1st Municipal District, Circuit Court of Cook County

  • Professor Daniel W. Linna, Jr., Director of Law and Technology Initiatives, Northwestern Pritzker School of Law, and McCormick School of Engineering

Jayne Reardon discussed the ethical considerations lawyers must address when using AI, covering issues from hallucinations to confidentiality. Judge Fuentes shared his journey from having a no-AI policy to realizing its impracticality, acknowledging that AI is already embedded in tools like spell check, grammar check, and legal research. Ultimately, the responsibility lies with the lawyer to verify their work before submission.

Access to Justice

Another significant topic was access to justice. Judge Wright emphasized the importance of helping economically disadvantaged individuals with their legal matters. When I asked the panel if they knew of any AI tools that were reliable, maintained client PII, and were free to the public, none could provide an example. The general consensus was that this is a significant hurdle in meeting access to justice needs.

AI in Legal Education

Legal experts debate AI ethics at the ABA 2024 Conference

Improving AI is being addressed through both education and development. Professor Linna mentioned that his school is teaching AI to law students, with law students and computer engineers collaborating on AI projects. This is promising, but it raises questions about how well other law schools are addressing this matter. Some schools are only beginning to teach basic automation functions in Microsoft Word, which has been around for decades. 🙄 This disparity highlights the challenge law schools face in keeping up with the rapidly changing technology landscape.

ABA Experts Session: Technology Issues

In this intimate gathering moderated by Anna Mercado Clark, Esq., CIPP/E, CIPP/US, CIPM, FIP, partner at Phillips Lytle LLP and co-leader of its Technology Industry Team, participants engaged in a candid discussion about the concerns surrounding technology in today's legal practice. A primary concern among attendees, including myself, was the impact of AI on the legal profession. Questions arose such as: Will AI replace the need for lawyers? How can lawyers stay updated on AI capabilities and limitations? Do lawyers need to incorporate AI into their practice? What are the courts' stances on AI usage, and to what extent is it permitted?

The discussion built on points from the earlier session but offered unique insights from participants like Justice Robert J. Torres Jr., Chief Justice of the Supreme Court of Guam, and Manuel A. Quilichini García, President of the Puerto Rico Bar Association. They highlighted how AI is affecting lawyers, judges, and court systems, stressing the importance of practical, real-life experiences in integrating AI into legal practice. These real-world insights are crucial for lawyers to navigate the future competently and ethically.

CLE/ETHICS: Ethics, Uses and Abuses of Generative AI (GAI) for Attorneys and Judges: An Interactive Session

This session on the ethics of generative AI, Moderated by Justice Torres, delved into the ethical implications and challenges posed by AI in the legal field. The panel included:

  • Hon. Samuel A. Thumma, Arizona Court of Appeals, Division One, who serves on the ABA's Judicial Division and Appellate Judges Conference Ethics & Professional Committees;

  • Hon. Kimberly Kim, Assistant Chief Administrative Judge of the California Public Utilities Commission, who serves on the Technology Committee of the AB's Judicial Division;

  • Hon. Jennifer A. Mabey, Utah District Court Judge;

  • Hon. Stephanie Domitrovich, PhD, Sr. Trial Court Judge of Pennsylvania state courts; and

  • Zach Warren from Thomson-Reuters

Lead by Justice Torres, A Panel discusses ethical challenges of AI for lawyers and judges.

This session delved into the ethical implications and challenges posed by AI in the legal field. The panel underscored the necessity for legal professionals to understand the capabilities and limitations of AI technologies to ensure they are used responsibly and ethically. Zach Warren started by providing the audience with a framework that defined key terms. The discussions then focused on maintaining client confidentiality, the accuracy of AI-generated information, and the potential biases embedded in AI systems. Several examples with multiple-choice answers highlighted real-life scenarios, evoking memories of the multi-state portion of the bar exam for some audience members. The program emphasized the importance of continuous education and ethical vigilance as lawyers integrate AI into their practices, ensuring that these technologies enhance rather than undermine the justice system.

Final Thoughts

The ABA 2024 Annual Conference underscored the critical role of AI in modern legal practice and the ethical considerations that come with it. AI is already a part of legal practice, from spell check and grammar check to legal research tools like LexisNexis, Westlaw, and Fastcase. Staying informed and adapting to these changes is essential for maintaining high professional standards and ensuring access to justice for all. If you and your firm are not keeping up with the acceleration of AI, you risk losing clients to more efficient firms, revenue, and scrutiny from your bar association regarding compliance with ethical standards.

Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do!

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Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do! 🚨


MTC

Lessons Lawyers Can Learn from the Financial Impact of the Crowdstrike Software Error 💼💻

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Software/Computer issues can cause Financial Impact of Rework & Downtime

The recent Crowdstrike software error that led to a global Microsoft Windows meltdown serves as a stark reminder of the financial and professional risks associated with technological failures. For lawyers, understanding these risks is crucial, as similar issues can have profound implications on our practice. Here are the key lessons lawyers can learn from this incident:

1. Financial Impact of Rework and Downtime ⏰💸

The Crowdstrike incident caused widespread disruption, leading to significant downtime for many businesses. For lawyers, such downtime can translate into substantial financial losses. When systems are down, work may need to be redone, deadlines can be missed, and billable hours can be lost. This can be particularly costly in legal practices where time is money.

2. Costs of Dealing with Bar Complaints and Ethics Requirements ⚖️📝

Lawyers are bound by strict ethical standards and are required to proactively report any issues that might affect their practice. The financial costs of dealing with bar complaints can be substantial. According to the American Bar Association, common disciplinary complaints include neglect, lack of communication, and misrepresentation - all that can be significantly impacted if a lawyer's computer system goes down. Defending against these complaints can involve significant legal fees, which can range from thousands to even millions of dollars in complex cases.

3. Potential Loss of Clients 👥🚫

The financial impact of losing clients due to technological failures cannot be overstated. Clients expect their lawyers to handle their matters efficiently and securely. A failure to do so, as seen with the Crowdstrike incident, can erode trust and lead to client attrition. This loss of business can have long-term financial repercussions, as acquiring new clients is often more costly than retaining existing ones.

4. Court Sanctions and Resulting Errors 🏛️❌

Software/computer downtime can create Costs of Dealing with Bar Complaints & Ethics Requirements

Errors resulting from technological failures can lead to court sanctions. These sanctions can include fines, adverse judgments, and even disqualification from representing clients in certain cases. For example, if a lawyer misses a filing deadline due to a system outage, the court may impose penalties that can be financially burdensome or worse yet negatively impact the case itself. Moreover, such errors can damage a lawyer's reputation, further impacting their practice.

5. Importance of Robust Technological Solutions 🛡️🔒

The Crowdstrike incident underscores the importance of having robust technological solutions in place. Lawyers should invest in reliable software and hardware and ensure that they have contingency plans for potential failures. This includes regular backups, cybersecurity measures, and having IT support readily available. By doing so, they can mitigate the risks of downtime and data loss, which can have severe financial consequences.

6. Legal Liability and Insurance 📊🔐

Lawyers should also be aware of their legal liability in the event of software failures. As seen in the Crowdstrike case, software defects can lead to lawsuits if they cause financial harm to clients. Lawyers should consider carrying the following:

Cyber Liability Insurance 🛡️💻

Cyber liability insurance is crucial for law firms to mitigate the financial impact of cyber-attacks and data breaches. This type of coverage typically includes:

Software/computer failures can cause the Potential Loss of Clients

  • Direct costs associated with data breaches and cyber attacks;

  • Crisis management expenses;

  • Income loss due to system downtime;

  • Costs of forensic investigations;

  • Payments to affected clients whose data was compromised;

  • Regulatory fines for non-compliance.

Cyber liability insurance can be divided into first-party coverage (for direct losses to the firm) and third-party coverage (for liability claims against the firm).

Professional Liability Insurance (Errors & Omissions) ⚖️📝

Also known as malpractice insurance, this coverage protects law firms from claims of negligence, errors, or omissions that cause financial harm to clients. In the context of computer failures, it can cover:

  • Missed deadlines due to technology issues;

  • Errors in legal work caused by software glitches;

  • Failure to deliver promised legal services due to system outages.

Technology Errors & Omissions (Tech E&O) Insurance 🖥️🔒

This specialized coverage combines elements of professional liability and cyber insurance, tailored for technology-related risks. For law firms, it can provide protection against:

Don’t risk Court Sanctions for a software/computer error - have a backup plan!

  • Software glitches causing loss of client data;

  • Equipment failures preventing client service;

  • Cloud-based service failures affecting data backup;

  • Website design issues.

Tech E&O insurance typically costs about $500 to $1,000 per year per employee.

Key Considerations for Law Firms 🔍💼

  • Comprehensive Risk Assessment: Conduct a thorough audit of your firm's cyber security threats to determine appropriate coverage levels;

  • Policy Comparison: Carefully review terms and conditions of different policies, understanding what incidents are covered and any exclusions;

  • Customization: Look for policies that can be tailored to your firm's specific needs and risk profile;

  • Risk Management Resources: Some insurers, like Travelers, offer risk management resources to help identify and manage professional liability risks;

  • Claims Handling: Consider insurers with specialized claims handling for legal professionals to ensure efficient resolution of any issues;

  • Coverage Limits: Evaluate appropriate coverage limits based on your firm's size, client base, and potential financial exposure;

  • Regulatory Compliance: Ensure your coverage meets any state or industry-specific requirements for data protection and professional liability.

By investing in a comprehensive insurance strategy that includes cyber liability, professional liability, and tech E&O coverage, law firms can significantly reduce their financial exposure to computer failures and related risks. This proactive approach not only protects the firm's bottom line but also helps maintain client trust and professional reputation in an increasingly technology-dependent legal landscape.

7. Proactive Communication and Transparency 🗣️📢

Importance of Robust Technological Solutions

Clear and proactive communication with clients is essential. In the event of a technological failure, lawyers should promptly inform their clients about the issue and the steps being taken to resolve it. This transparency can help maintain client trust and prevent misunderstandings that could lead to complaints or legal action. Additionally, documenting all communications can provide a defense in case of any disputes.

🎓🔍 The Crowdstrike software error serves as a powerful example of the potential financial and professional risks associated with technological failures. For lawyers, the lessons are clear: invest in reliable technology, maintain robust contingency plans, carry appropriate insurance, and communicate proactively with clients. By taking these steps, lawyers can protect their practice from the financial impact of similar incidents and uphold their professional obligations. 🛡️💼

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

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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

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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!

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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! 🤖⚖️

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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! ⚖️

/ The Tech-Savvy Lawyer.Page/

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