I was so astonished when I heard about this case that I needed to share it with you, The Tech-Savvy Lawyer.Page community!
A recent disciplinary case involving a Jefferson County, Missouri prosecutorâs suspension over a prank email highlights the escalating stakes of cybersecurity negligence in legal practice. The incidentâwhere an unattended, unlocked laptop in an empty jury room used by attorneys to do some work, allowed a mischievous actor, a prosecutor nevertheless, to send a fake email to a sheriff about how she looked in khakisâserves as a stark reminder: basic physical safeguards are no longer sufficient in an era of sophisticated digital risks. Below, letâs discuss what NOT to do and the ethical landmines lurking in outdated tech habits.
What Went Wrong: A Breakdown of Failures
The prosecutorâs missteps reflect a cascade of poor judgments:
1. Leaving a device unattended and unlocked in a public setting, enabling unauthorized access.
2. Failing to implement automatic screen locks or password protections during brief absences.
3. Ignoring encryption tools for sensitive communications, despite ABA guidance.
This lapse violated core duties under the ABA Model Rules of Professional Conduct:
Rule 1.6 (Confidentiality): Lawyers must take âreasonable precautionsâ to prevent unauthorized disclosure of client information. An open laptop in a public space falls far short of this standard.
Rule 1.1[8] (Competence): The 2012 amendment to Comment 8 mandates that lawyers understand the âbenefits and risks associated with relevant technologyâ. Ignoring basic device securityâa well-known riskâbreaches this duty.
How Tech Security Expectations Have Evolved
The shift from casual vigilance to rigorous tech protocols is unmistakable: