My Two Cents: The Perils of Attorney Social Media Disclosures: Upholding Integrity and Protecting Clients' Interests. Or the Right and Duty to Remain Silent.

Attorneys must be cautious using social media when it relates to their ongoing cases!

In the age of social media dominance, individuals across various professions have embraced the power of online platforms to express their thoughts, opinions, and personal experiences. However, attorneys, as guardians of justice and trusted advocates, must exercise caution when engaging in social media discussions especially when their cases have yet finished in court. Recent events, such as the case highlighted in the article "Attorneys' Social Media Posts Cost Client $1.5M and Lawyers are Divided About It" by LegalTech News, along with the controversial behavior of former President Donald Trump in discussing his government criminal cases, have underscored the urgent need for attorneys to abstain from discussing ongoing trials on social media. Attorneys should refrain from such practices, emphasizing the potential risks to their clients' interests and the integrity of the legal profession.

The obvious should be Preserving Client Confidentiality and Trust. The cornerstone of the attorney-client relationship is trust and confidentiality. Attorneys must ensure that their clients' information remains confidential and protected from unauthorized disclosure. Engaging in social media discussions about ongoing trials can inadvertently breach this privilege, potentially damaging the client's trust and undermining the attorney's credibility.

You don’t want a mistrial because you prejudiced the Legal Process. Discussing ongoing cases on social media platforms can compromise the fairness of legal proceedings. Such disclosures can introduce bias, prejudicial information, or potentially taint the jury pool. The attorney's duty to uphold the integrity of the legal system necessitates avoiding actions that could undermine the objective pursuit of justice.

An attorneys use of social media can get unwanted attention from their state bar association!

We must Maintain Objectivity and Impartiality.  Attorneys have a professional obligation to approach their cases with objectivity and impartiality. Expressing personal opinions or biases on social media regarding ongoing trials can call into question their ability to provide fair and unbiased representation. Publicly taking sides or making premature judgments can hinder their capacity to advocate effectively for their clients.

We should avoid creating Conflicts of Interest and Client Diversification. Sharing case-related information on social media may inadvertently lead to conflicts of interest or compromise the attorney's ability to handle other cases effectively. Publicizing details or opinions on one case could potentially affect the attorney's relationship with other clients, undermining their ability to represent diverse interests without bias or prejudice.

We don't want to Jeopardize Our Client's Interests. As Attorneys, we are duty-bound to act in our clients' best interests. By discussing ongoing cases on social media, attorneys risk revealing confidential information or strategic details that could harm their clients' positions. Such disclosures may enable opposing counsel to gain insight into the attorney's legal strategies or provide them with an advantage during trial.

We should prevent Pretrial Publicity and Jury Bias. Social media posts by attorneys can generate widespread publicity, attracting undue attention to the case and influencing public perception. This increased exposure may make it challenging to impanel an impartial jury, potentially leading to biased judgments or unfavorable outcomes for the client. Preserving the integrity of the legal process demands restraint from attorneys in publicizing ongoing cases on social media.

Trump’s social media postings have likely affected his purported upcoming criminal trials…

The Trump Factor: A Cautionary Tale (whether you are for or against him). The highly publicized government criminal cases involving former President Donald J. Trump provide a cautionary tale for attorneys. His frequent and controversial social media commentary on legal matters highlighted the potential pitfalls of mixing public opinion, personal agendas, and legal cases. Trump's approach underscores the importance of discretion and the potential consequences of disregarding professional boundaries. Attorneys must learn from these examples and avoid compromising their professional responsibilities by engaging in similar behavior.

Attorneys bear a significant responsibility in upholding the principles of justice, maintaining client confidentiality, and preserving the integrity of the legal profession. Engaging in social media discussions about their ongoing trials risks compromising these crucial aspects, potentially harming clients and undermining public trust. By exercising caution and discretion, attorneys can ensure they fulfill their professional obligations while safeguarding their clients' interests. Social media can be a valuable tool for attorneys to connect with the public and engage in meaningful dialogue, but it must be used thoughtfully and responsibly to avoid unintended consequences.

Why does this matter? Attorneys should strive to maintain decorum and protect the sanctity of the legal process by refraining from public discussions on social media platforms for their ongoing cases.  Because if you haven’t realized it, every paragraph above could serve as a basis for a potential bar complaint.  And you don’t want that!!!

Monday Morning Humor: Cleaning up the archeological find of mouse trackballs!

Granted using a mouse with track ball was not 30000 years ago but it does seem like an eternity. 🤣

You know you're getting old when you start reminiscing about the "good old days" of mouse maintenance. It's like we're talking about ancient artifacts from a time long past, and I half-expect archaeologists to come dig up old trackballs in the future.

Back then, we thought we were on the cutting edge of technology, but looking back, it feels like we were just playing with primitive gadgets compared to the sleek and smart devices we have today. I mean, who even needs a trackball anymore when you've got gesture-controlled mice that one day soon will probably predict your thoughts before you even think them?

I can't help but feel a mix of nostalgia and relief that we've moved on from those mouse trackball ordeals. It's like being part of a secret society where only those who survived the cleaning ritual can share in the humor and the camaraderie of those moments. Younger generations may never know the satisfaction of conquering a stubborn trackball, cleaning out the lint, and the joy of a revived mouse.

As I laugh at the memory, I realize that technology marches on at lightning speed. And while I may sometimes feel like a relic from the past, I also appreciate how far we've come. Gone are the days of spending time cleaning a simple input device. Now, we have voice-activated AI assistants, virtual reality, and who knows what else the future holds?

So, to all my fellow tech enthusiasts who remember the mouse trackball era, let's raise our cups of coffee (or tea) and toast to the good times we had—disassembling, cleaning, and reassembling those quirky little devices. Let's embrace our inner tech historians, regaling the younger ones with tales of the bygone days when computers were slower, the internet was dial-up, and cleaning a mouse trackball was a rite of passage.

And to the newer generation, as you scroll effortlessly with your sleek wireless mice and touchpads, spare a thought for us old souls who have seen the tech world evolve. While we may feel a tad ancient, we're also the ones who laid the foundation for the tech-driven society we enjoy today. After all, who knows what other tech marvels await us in the years to come? Cheers to the past, the present, and the tech-filled future!

Happy Lawyering!

My Two Cents: Anchoring Your Firm in The Cloud is Not a Great Idea!

IMHO it is not best practice to base your office in the cloud!

I think that online cloud backup and access has really revolutionized how attorneys and the world work! In addition to be able to access your office files anywhere, the security of having additional backups constantly updated and offsite provides an extra layer of relief. Heavens forbid the office catches on fire or someone steals your computer!  But basing and running your firm from the cloud is IMHO a big mistake.

Earlier this month, Microsoft 365, the online office suite, had an outage issue. As Tamal Nandi of Mint reports, “The company said that it was “investigating an issue with accessing Outlook on the web" in a Twitter thread posted on its Microsoft 365 Status account — and added that a “downstream impact" was also identified for Microsoft Teams, SharePoint Online and OneDrive for Business. Microsoft 365 Status later said it had reverted an update and saw an improvement in service — soon confirming recovery for impacted services.” This gives me no ease of mind in using this product. Your work is hosted on the cloud; not on your computer. So, when the host “misplaces” or “losses” your information, it will sync and remove the information from your computer. And then you’re SOL!

Nobody wants to be discover their e-mail has vanished!

I believe I may have been a victim of this as I use 365.  I was understandably freaked when my inbox had zero e-mails!  Note, I only use Outlook for the blog (not the firm and I’m looking for something else for the blog) and I don’t use OneDrive for any of my projects. As a lawyer, can you imagine your inbox emails just “disappearing?” Lawyers have a strong fear of missing out – this is understandable as if you miss an urgent client e-mail or a court notice that you fail to follow up on, it could be your job and possibly your law license.

Granted, it appears that this has only affected thousands maybe tens of thousands out of Microsoft’s million-plus users.  But apparently, this has been a recurring theme for at least this year. And solo and small firm practitioners certainly don’t want to find themselves as being one of the lucky "thousands” of Microsoft users without their inbox – temporarily or permanently.

I don’t know how to reverse backup from the cloud. But by using my computer as the main host of my work, I know I can easily make multiple backups.  My suggestion is to look carefully at the cloud CRM you are using and make sure that you have your “office” based on your computer versus their “cloud” host.  PS: It is one of a few reasons why I use Daylite as my CRM.

MTC.

Happy Lawyering!!!

Monday Morning Humor: Getting "Punny" with Microsoft!

My Two Cents: The Intersection of AI and eDiscovery: Embracing Technology without Overriding Human Judgment

To what extent can artificial intelligence truly assist attorneys in the realm of e-discovery? 🧐

In the realm of eDiscovery, the integration of artificial intelligence (AI) has revolutionized the way legal professionals handle vast amounts of data. The benefits of AI in enhancing efficiency and accuracy are undeniable, but it is essential to strike a balance between leveraging technology and the invaluable human judgment required for the final result. In a recent Shout Out! featuring previous podcast guest and past guest host Brett Burney, his discussion shed light on the symbiotic relationship between AI and human expertise in eDiscovery.

The Power of AI in eDiscovery:

AI has emerged as a powerful tool in eDiscovery, allowing legal professionals to tackle complex tasks more efficiently and effectively. With the capability to process and analyze massive volumes of data, AI algorithms can identify patterns, extract relevant information, and predict case outcomes with remarkable speed and accuracy. This technology enables legal teams to save time, reduce costs, and gain valuable insights that would be otherwise challenging to uncover manually.

The Role of Human Judgment:

While AI provides indispensable assistance, it is important to recognize that it is not a substitute for human judgment in the final analysis. Brett emphasizes that its human judgment that should be the final editors.  Human expertise and insight remain irreplaceable when it comes to interpreting the context, understanding nuances, and making critical decisions. Legal professionals possess a unique ability to consider multiple perspectives, exercise discretion, and apply legal reasoning based on their experience and understanding of the case at hand.

The Synergy of AI and Human Expertise:

Artificial intelligence does not replace human judgment when lawyers conduct ediscovery.

By embracing the synergy between AI and human judgment, eDiscovery practitioners can harness the full potential of technology while ensuring a comprehensive and well-rounded approach to legal matters. AI algorithms can help legal teams streamline the initial stages of data processing, categorization, and information retrieval, empowering them to focus their attention on the strategic aspects of case analysis. This collaboration enhances the efficiency of legal workflows and augments the ability of legal professionals to uncover crucial insights buried within extensive data sets.

The Ethical Considerations:

While AI is a powerful ally in eDiscovery, ethical considerations must be at the forefront of its implementation. Transparency and accountability are paramount to ensure fairness, as biases embedded within AI algorithms can potentially impact the results. Legal professionals must exercise caution when relying on AI predictions and should employ critical thinking to validate and interpret AI-generated outputs. Human oversight becomes crucial to identifying and mitigating any biases or errors that may arise during the AI-assisted eDiscovery process.

The Professional Ethical Considerations:

The lawyer responsible for the final discovery deliverable to the opposition will be held legally, e.g., malpractice, and professionally, i.e., responsible to their bar association, accountable.  If you are going to rely on AI for your “eDiscovery” then you need to know its limitations.  MR 1.1[8] Further, you need to somehow address its shortcomings before you hand over your discovery production. Regardless, check your work!

The Future of AI in eDiscovery:

AI and Lawyers can work together to better an ediscovery response!

As technology continues to evolve, the future of AI in eDiscovery holds immense potential. Advancements in machine learning and natural language processing will further refine AI algorithms, enabling even more precise analysis and prediction capabilities. However, the significance of human judgment will persist, as the complex nature of legal cases necessitates the application of legal principles, strategic thinking, and ethical considerations that only humans can provide.

Conclusion:

The integration of AI in eDiscovery has transformed the legal landscape, empowering professionals to navigate through vast amounts of data efficiently and uncover crucial insights. However, it is essential to acknowledge that AI is a powerful tool that complements rather than replaces human judgment. By embracing the synergy between AI and human expertise, legal professionals can capitalize on the advantages of technology while ensuring a comprehensive and nuanced approach to eDiscovery. As the field continues to evolve, the harmonious collaboration between AI and human judgment will shape the future of eDiscovery, delivering improved outcomes and justice in the digital age.     

MTC.

Happy Lawyering!!!

Monday Morning Humor: A Blast from the (Colorful) Past: An Encounter with an iMac G3.

A Humorous Fictional Story of My Encounter:

Ah, the State of Iowa Historical Building. A place where history comes alive, and you can walk through the ages. From dusty relics to ancient artifacts, it's a treasure trove of nostalgia. And speaking of nostalgia, let me tell you about the time I stumbled upon an iMac G3 nestled amidst the historical wonders. Boy, did that throw me into a time warp!

As I strolled through the dimly lit halls, admiring the exhibits and trying to impress my friends with my nonexistent historical knowledge, I stumbled upon a room labeled "Technological Marvels of Yesteryear." Intrigued, I sauntered in, ready to be amazed. And there it was, shining in all its vibrant glory—a lime green iMac G3.

Now, I must confess, I'm no stranger to technology. I've seen gadgets evolve from clunky desktop computers to sleek smartphones that can do just about anything. But encountering this ancient piece of Apple history made me realize one thing: I'm getting old, and my once-cool gadgets are turning into relics of the past.

As I gazed at the iMac G3, memories flooded back from my 20s. The year was 1998, and I was still rocking my questionable fashion choices and dial-up internet. Back then, the iMac G3 was the epitome of cutting-edge design—vibrant, playful colors and an all-in-one package. It was a technological marvel that made your heart skip a beat.

But now, as I stood there, sporting my sensible shoes and graying hair, I couldn't help but feel a pang of nostalgia mixed with a dash of "Oh, how far we've come!" I realized that to a younger generation, this iMac would be a museum artifact—an antique akin to a typewriter or a rotary phone. And here I was, contemplating if I should buy the latest iPhone or simply stick to using smoke signals.

The iMac G3 was a symbol of progress, a gateway to the digital age. It revolutionized the computer industry, making technology more accessible and, dare I say, fashionable. It was a statement piece that screamed, "I'm hip and happening!" But now, it was merely an exhibit—an ancient dinosaur from a bygone era.

As I snapped a pic of the iMac G3, trying to look cool while secretly worrying about my diminishing tech-savviness, I couldn't help but chuckle at the absurdity of it all. How quickly technology becomes outdated, how swiftly our gadgets turn into nostalgia-inducing oddities. It's a reminder that time moves forward, and so must we, even if it means struggling to understand the latest software update or getting lost in the labyrinth of new social media platforms.

So, here's to the iMac G3, a beacon of innovation and an inadvertent reminder of our fleeting youth. May it continue to charm visitors to the State of Iowa Historical Building, even as they ponder the mysteries of floppy disks and wonder why anyone would need a computer with a built-in handle.

As I exited the room, leaving the iMac G3 behind, I couldn't help but feel a mix of fondness and resignation. Time waits for no one, and as I rejoined my friends, I made a silent vow to stay up to date with technology, even if it means Googling "How to TikTok" or asking a Gen Z for help. Because, hey, it's never too late to embrace the future and keep up with the changing times. Just remember, dear reader, to appreciate the journey and have a good laugh at your own expense! 🤗

Shout Out: Brett Burney of Nextpoint talks a little about AI and Ediscovery.

Check out previous podcast guest and guest host Brett Burney’s discussion of AI and eDiscovery. I think both Brett and I agree that AI is a great tool but does not completely override human judgment for the final result!

Monday Morning Humor: Emoji's Are Modern Day Egyptian Hieroglyphics!

The use of emoticons can be traced back to the 1800s with the invention of the typewriter. Early users would create faces using punctuation marks, such as a colon and parenthesis for a smiley face. However, it wasn't until the rise of technology and instant messaging in the late 1990s that emoticons became more popular. The first set of standardized emoticons, including the infamous ":-)" smiley face, was created by Scott Fahlman in 1980.

In today's digital age, emojis have become an integral part of our daily communication. With their ability to convey emotions and ideas in a visual way, they have taken over as the modern-day hieroglyphic communication system. Just like how ancient Egyptians used hieroglyphics to tell stories and record history, we now use emojis to express ourselves and communicate with others.

Social media has played a crucial role in popularizing emoji's as a form of communication. Platforms like Twitter, Facebook, and Instagram have allowed users to incorporate emojis into their messages, posts, and comments. As these platforms have gained popularity over the years, so too have emojis.

The use of emojis has also become more nuanced and complex as people create their own meanings and interpretations for them. Overall, social media has helped to normalize the use of emojis as a form of expression in modern-day communication. With the rise of social media influencers and viral content, emojis have become a ubiquitous part of online communication. Indeed, Emojis have become so popular that they are now even being incorporated into legal cases as evidence.

With their universal appeal and ability to transcend language barriers, it's clear that emojis are here to stay as a powerful form of modern communication.

My Two Cents: Attorneys can limit client expectations in the world of 24/7 e-mail.

Set client expectations early with how and when you use e-mail!

E-mail can be a godsend for attorneys. E-mail messages offer attorneys the benefits of time efficiency and convenience. With e-mail, attorneys can quickly communicate with clients and colleagues without the need for a physical meeting or phone call. E-mails can also be sent and received at any time, allowing attorneys to work outside of traditional business hours. Additionally, e-mails provide a written record of communication that can be easily referenced in the future. Many benefits can be weighed down by unintended consequences.

It is important to set boundaries and expectations with your clients from the start. That does not mean we don't work nights and weekends. After a long day or long week, it's great to clear out your e-mail inbox after dinner or a Saturday afternoon. When clients and colleagues get e-mails at any hour on any day, it creates the expectation that we are available all day, all week. I don't think we really want this, as we are entitled to some personal time.

Its nice to get a handle on e-mail communications during quiet evenings and weekends … but take measures so client’s don’t expect immediate results 24/7!

To help keep the illusion that I don't work 24/7, I use a program called Mailbutler (Mac and Windows and can be used in Outlook, G-Mail, and Apple Mail).  It allows me to write e-mails and then schedule them to send later, e.g., the next workday. There are many similar programs like this, and many of the e-mail client programs are beginning to bake this into the software. (Just be careful you don't have to keep the program open in order for the send later function to work!)

Granted, e-mail has become a preferred method of communication for attorneys due to the expectations of our clients and colleagues, but it does not mean you cannot limit expectations while getting some work done behind the scenes!         

MTC.

Happy Lawyering!!!