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.

BOLO: New Malicious Android Apps Targeting Lawyers - How to Protect Yourself

As lawyers, we rely heavily on our mobile devices to stay connected and productive while on the go. However, a recent report has uncovered a disturbing trend of malicious Android apps specifically designed to target professionals like us. These apps can compromise sensitive client data, steal login credentials, and even enable remote monitoring of our devices.

The Problem: Malicious Apps Masquerading as Legitimate Tools

According to the report, cybercriminals are creating fake apps that mimic popular productivity tools and utilities - including those used by attorneys! These malicious apps often sneak into official app stores by bypassing security checks through clever obfuscation techniques. Once installed, they can grant remote access to your device, enabling cybercriminals to monitor your activities, steal confidential data, and even record audio or video without your knowledge. This poses a severe risk to attorney-client privilege and data privacy.

Suggestions to Avoid Malicious Apps

As lawyers, we must remain vigilant and take proactive steps to protect ourselves, our clients, and our firms from these threats. Here are some suggestions to help you avoid falling victim to malicious apps:

1. Stick to Official App Stores
   While not foolproof, official app stores like Google Play have more robust security measures in place. Avoid downloading apps from third-party sources or untrusted websites.

2. Research Apps Before Installing
   Before installing any app, thoroughly research it. Read reviews, check the developer's reputation, and look for any red flags or suspicious behavior reported by other users.

3. Keep Your Device Updated
   Ensure that your Android device is running the latest version of the operating system and that all apps are up-to-date. Software updates often include critical security patches that can protect against known vulnerabilities.

4. Use Reputable Antivirus and Security Apps
   Install a reputable antivirus and mobile security app on your device. These apps can scan for and detect malicious software, protecting you from potential threats.

5. Be Cautious with Permissions
   When installing an app, carefully review the permissions it requests. If an app asks for excessive or unnecessary permissions (e.g., a calculator app requesting access to your contacts or location), it could be a red flag.

6. Regularly Review Installed Apps
   Periodically review the apps installed on your device and remove any that you no longer use or recognize. Unused apps can become potential entry points for cybercriminals.

7. Implement Firm-Wide Security Policies
   If you work at a law firm, collaborate with your IT department to implement firm-wide security policies and best practices for mobile device usage and app installation.

Staying vigilant and taking proactive measures to protect your mobile devices is crucial in today's threat landscape. By following these suggestions, you can significantly reduce the risk of falling victim to malicious apps and safeguard your clients' sensitive information. Remember, as lawyers, we have an ethical obligation to maintain the confidentiality and integrity of client data. Prioritizing mobile security is not just a best practice; it's a professional responsibility.

Happy Lawyering!

Episode 89: Effortless CRM, LPM Transitions - Tony Valenti of Universal Migrator.

Tony Valenti, CEO of UniversalMigrator.com, is a visionary leader in legal tech, transforming the complex process of data migration for lawyers of any law firm size. Under his guidance, Universal Migrator makes it effortless to transfer data between law practice management systems, ensuring that migrations don't have to suck. Tony's innovative approach simplifies transitions, empowering firms to move forward with confidence.

Join Tony and me as we discuss the following three questions and more!

1. What are the top three factors lawyers should consider when choosing their first or next CRM in terms of traceability? If their choice turns out not to be the right one, what should they do?

2. Universal Migrator does not always transfer every data set from one CRM to another. What are your top three tips for lawyers to transfer those data sets in a different way?

3. What are your top three tips for lawyers after they make the transfer, before fully committing to the new CRM and canceling their old one?

In our conversation, we cover the following:

[01:06] Tony's current tech setup

[08:02] Key Considerations for Lawyers When Choosing a CRM

[22:26] Tips for Lawyers on Migrating Incompatible Data and Tasks

[28:18] Critical Steps for Lawyers Before Fully Committing to a New CRM

[30:41] CRM Choices and the Role of Universal Migrator in Legal Tech Transitions

[32:32] How Universal Migrator Protects Client Data During Legal Tech Migrations

[34:23] The Role of AI in Legal Data Migrations

[37:03] Connect with Tony

Resources:

Connect with Tony:

• Email: tv@universalmigrator.com

• LinkedIn: linkedin.com/in/tony-valenti

• Website: universalmigrator.com/ 

Hardware mentioned in the conversation:

• Anker speakerphone: ankerwork.com/products/a3301

• Blue Yeti Microphone: logitechg.com/en-us/products/streaming-gear/yeti-premium-usb-microphone

• Elgato Stream Deck XL: elgato.com/ww/en/p/stream-deck-xl

• Intel i9 9900K: ark.intel.com/content/www/us/en/ark/products/186605/intel-core-i9-9900k-processor

• Software & Cloud Services or Apps mentioned in the conversation:

• Clio: clio.com/

• Faster Suite: fasterlaw.com/

• Lawmatics: lawmatics.com/

• Matter Match Migrator: mattermatchmigrator.com/product-page/matter-match-migrator

• MyCase: mycase.com/

• NetDocuments: netdocuments.com/

• PracticePanther: practicepanther.com/

• Rocket Matter: rocketmatter.com/

• Stream Deck Plugins: barraider.com/

• Universal Migrator: universalmigrator.com/

Monday Morning Humor: Before there was Google -

Remember library cards! The original Google for lawyers! Before algorithms, we had librarians—our analog search engines. Those trusty cards led us to our research, biographies, and science fiction. Now, with tech at our fingertips, let's not forget our first love: the Dewey Decimal System.

Or our second love, Shepardizing with books and pamphlets!

Long live analog searches!

BOLO/Word-Phrase of the Week/How to . . . Update your Chrome Browser ASAP!

Lawyers need to ensure their software is always up to date protect themselves from unkown software security flaws!

BOLO: Google has released an urgent security update for Chrome to address a critical zero-day vulnerability, identified as CVE-2024-4671. This vulnerability is a "use-after-free" issue within Chrome's visual component, which could allow remote attackers to execute arbitrary code on an affected system just by visiting a malicious website. This flaw is actively being exploited in the wild, making it essential for both Mac and Windows OS users to update their browsers immediately to protect against potential attacks.

While this alert should be troubling, Chrome users and users who use Chrome-based browsers, e.g., Brave, Microsoft Edge, and Opera, should also be aware that this is the seventh of eight security warnings this year (with four of the alerts just this month). It is imperative that you regularly check that your software is up to date from zero-day software vulnerabilities.

keeping your software up to date can help mitigate against “zero-day” secuirty flaws!

Word/Phrase of the Week – What is a “Zero-Day” vulnerability?  A "zero-day" security flaw refers to a software vulnerability that is unknown to the software's developers or the public. Because the developers are unaware of the flaw, there is no patch or fix available. The term "zero-day" highlights that there are zero days between the discovery of the vulnerability and its exploitation, meaning the flaw can be exploited by attackers immediately after its discovery. This makes zero-day vulnerabilities particularly dangerous, as they can be used to launch attacks before any defense or mitigation can be implemented.

How To update Chrome:  Users should go to the menu (three dots in the upper-right corner) on your browser window, select "Help," then "About Google Chrome," and follow the instructions to install the update and relaunch the browser. This update also impacts other Chromium-based browsers, see above, which should also be updated as soon as possible to mitigate this security risk.

Happy Lawyering and Stay Safe Out There!

Word (Phrase) of the Week: What do they mean by the term "Internet of Things (IoT)"?

You may have heard the term "Internet of Things," but not exactly what it means - it can be a little ambiguous.  So let me explain: The "Internet of Things" (IoT) refers to the interconnected network of physical devices, vehicles, home appliances, and other items embedded with sensors, software, and network connectivity that enable them to collect and exchange data.

The “internet of things” (IOT) covers so many common items in our office1

These devices can communicate and interact with each other, as well as with centralized systems and services over the internet or other networks. The IoT allows objects to be sensed and controlled remotely across existing network infrastructure.

Key Aspects of IoT

• Connectivity: IoT devices are equipped with wired or wireless connectivity, allowing them to connect to the internet and communicate with other devices or systems.

• Data Exchange: IoT devices can send and receive data, enabling them to share information and coordinate their actions.

• Sensors: Many IoT devices incorporate sensors that can detect and measure various physical properties, such as temperature, motion, humidity, or pressure.

• Actuators: Some IoT devices have actuators that can influence the physical world, like turning on lights, adjusting thermostats, or opening doors.

• Intelligence: IoT systems often employ artificial intelligence and machine learning capabilities to analyze data, identify patterns, and make decisions or optimizations.

Applications of IoT

The “Internet of things” (Iot) has many potential applications in the courtrooM!

• IoT has numerous applications across various domains:

  • Smart Homes: IoT devices like smart thermostats, security cameras, and appliances enable home automation and remote monitoring.

  • Industrial IoT: IoT sensors and systems are used in manufacturing, supply chain management, and predictive maintenance.

  • Healthcare: IoT devices can monitor patients, track medical assets, and assist with medication adherence.

  • Smart Cities: IoT technologies are employed in traffic management, waste management, and environmental monitoring.

As the IoT continues to evolve, it holds the potential to revolutionize how we interact with the physical world and enhance efficiency, productivity, and convenience in numerous aspects of our lives. Lawyers may encounter the "Internet of Things" (IoT) in various aspects of their work, particularly in litigation and regulatory compliance. Here are some key ways IoT data could be relevant:

Litigation and Discovery Applications

• IoT devices like smart home assistants (Amazon Alexa, Apple Siri, Google Home), wearable fitness trackers, and connected vehicles can potentially provide evidence in criminal cases or civil lawsuits. For example, audio recordings from smart speakers or location data from wearables could be sought as evidence.

• In product liability or personal injury cases, data from IoT devices may help establish facts about an incident, such as the timing, location, or sequence of events.

• IoT data could be subject to discovery requests in litigation, requiring lawyers to understand how to preserve, collect, and review this new form of electronically stored information (ESI).

 Data Privacy and Security Issues

• Lawyers advising clients on data privacy and cybersecurity must consider the risks associated with IoT devices, which often collect and transmit sensitive personal data with potential security vulnerabilities.

lawyer not only need to know how the “Internet of things” (IOT) apply at work but how it may apply to thier clients!

• IoT devices and their data flows may be subject to various data protection regulations like California’s Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR), etc., requiring legal counsel to ensure compliance.

Intellectual Property Rights

The development and deployment of IoT technologies involve complex intellectual property considerations around patents, copyrights, and licensing agreements that lawyers may need to navigate.

Product Liability

IoT devices raise novel product liability issues, as defects or security flaws in these interconnected products could lead to harm, requiring lawyers to advise manufacturers on potential liabilities and risk mitigation strategies.

As IoT adoption grows across industries, lawyers will increasingly need to understand the legal implications and evidentiary value of IoT data, as well as the associated privacy, security, and liability risks.

Happy Lawyering!

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!

Episode 88: Maximizing Legal Tech with Katherine Porter of the Resourceful Lawyer.

In the labyrinth of legal tech, attorneys often waste resources on redundant software, overlook key workflows like client onboarding, and falter in choosing the right CRM. Join Katherine Porter as she guides us through these challenges!

Katherine is the founder of The Resourceful Lawyer, and she facilitates workshops for law firm leaders so they can align with their goals and create actionable strategies for growth and profitability. Katherine blends the best of project management, human-centered design, and two decades of legal experience to tailor workshops for each of her law firm clients. She earned her law degree at UCLA, holds the Project Management Professional (PMP) credential, and is certified in Design Thinking.

Join Katherine and me as we discuss the following three questions and more!

1. What are the top three areas of tech software that attorneys are wasting their money on?

2. What are the three common workflows attorneys are not utilizing? And how do we create each one?

3. What are your top three tips when vetting a new CRM LPM?

In our conversation, we cover the following:

[01:10] Tech Setup Overview and Preferences

[07:08] Top Three Areas Where Attorneys Overpay for Tech Software

[12:37] Essential Attorney Workflows: Key Areas for Improvement and Implementation

[14:09] Tips for Creating Effective Workflows

[15:31] Top Three Tips for Vetting a New CRM or LPM System

[17:21] CRM/LPM Transition War Stories: Challenges and Solutions

Resources:

Connect with Katherine:

• LinkedIn: linkedin.com/in/kporterjd/

• Website: theresourcefullawyer.com/

Mentioned in the episode:

Hardware mentioned in the conversation:

• Blue Yeti Microphone: blueyetimicrophone.com/

• Logitech C920 Webcam: logitech.com/en-ch/products/webcams/c920-pro-hd-webcam

• Microsoft Surface: microsoft.com/en-us/surface ​

Software & Cloud Services mentioned in the conversation:

• ClickUp: clickup.com/

• Dubsado: dubsado.com/

• Make: make.com/

• Microsoft Bookings: microsoft.com/en-us/microsoft-365/business/scheduling-and-booking-app

• Miro: miro.com/

• Mural: mural.co/

• PandaDoc: pandadoc.com/

• Zapier:zapier.com/

Monday Morning Humor: "I'm Not A Robot" Verification Nightmare! 😈

This just ads to the frustration of “I’m not a robot” verification!

Lawyers, as our profession is known for being a stickler for details, ever find yourself stuck on CAPTCHA puzzles, scrutinizing each pixel to ensure there's no hidden traffic light? You're not alone! As tech-savvy lawyers, our overthinking skills are top-notch. This image hilariously captures our relentless attention to detail – because who else would triple-check for rogue traffic light slivers?

BOLO: Increased Solar Storms: A Potential Disruption for Lawyers!

Lawyers need to prepare their office tech for the increase of solar flares this year!

Recent solar disturbances have raised concerns about potential impacts on various aspects of modern life, including the legal profession. Lately, the sun has been exhibiting heightened activity, leading to powerful solar flares and coronal mass ejections (CMEs). These solar disturbances can trigger geomagnetic storms that may disrupt various technologies we rely on daily.  Such intense flares can impact radio communications, electric power grids, and navigation signals and pose risks to spacecraft and astronauts.

While solar storms are not uncommon, the current solar cycle is expected to reach its peak activity in 2024 and 2025. Experts predict an increased likelihood of severe geomagnetic storms, classified as G5 events, during this period.  So, what does this mean for the legal profession?

Potential Impacts on Legal Professionals

As lawyers, we heavily rely on technology for communication, research, document management, and court proceedings. A significant solar storm could potentially disrupt these essential tools and workflows.  Here are some examples:

lawyers can reduce the anxiety in their life by preparing their technology for the potential disruptions from Solar flares!

• Communication Disruptions: Solar storms can interfere with radio and satellite communications, affecting email, video conferencing, and phone systems. This could hinder communication with clients, colleagues, and courts.

• Power Grid Instability: Intense geomagnetic storms can induce currents in power lines, potentially damaging transformers and causing widespread power outages. Prolonged blackouts could severely impact law firm operations and court proceedings.

• Navigation System Failures: Solar storms can disrupt GPS and other satellite navigation systems, making it challenging for lawyers to attend court hearings, client meetings, or navigate to remote locations.

• Data and Document Access Issues: If power outages or communication disruptions occur, accessing online legal databases, cloud-based document management systems, and electronic case files could become problematic.

Preparing for Potential Disruptions

While the likelihood of a severe solar storm is uncertain, it's crucial for legal professionals to be proactive and have contingency plans in place:

• Contingency Planning: Developing comprehensive contingency plans for critical processes can help minimize disruptions. This includes having manual processes as backups for essential digital tasks and ensuring all team members are trained on these procedures.

• Data Backup: Regularly backing up data using multiple methods (cloud storage and physical backups) ensures that even if one system fails due to a surge or outage caused by geomagnetic activity, another can step in to prevent data loss. Don’t forget my “3-2-1” data backup strategy!

lawyers can take some proactive measures to secure their client’s information, office technology and their ethical responsibilties!

• Infrastructure Protection: Investing in surge protection devices and uninterruptible power supplies (UPS) can safeguard sensitive electronic equipment from sudden spikes in voltage during geomagnetic storms.

• Staying Informed: Monitoring space weather forecasts provided by organizations like the National Oceanic and Atmospheric Administration (NOAA) Space Weather Prediction Center enables firms to anticipate significant events and take preventative measures accordingly.

• Client Communication: Legal professionals should maintain open lines of communication with clients about potential risks to their cases or information due to technological disruptions from solar activity.

By being aware of the potential impacts of solar storms and taking proactive measures, lawyers can minimize disruptions to our practice and better serve their clients during these rare but potentially disruptive events.

Happy Lawyering!