Wednesday “How too …”: 🔒 Securing Cloud Storage for Lawyers: Best Practices and Ethical Considerations!

/ The Tech-Savvy Lawyer.Page/

As a lawyer, protecting client data is not just a best practice—it's an ethical obligation. There are too many providers to give step-by-step instructions in a “How to” post. But here’s how to ensure any cloud storage is secure while adhering to ABA Model Rules:
(Note that in future postings, we’ll delve deeper into some of the topics below).

Choose a Secure Provider 🛡️

Lawyers have an ethical duty to ensure information they store on the cloud is secure!

Select a cloud service that offers:

  • End-to-end encryption 🔐

  • Compliance with legal industry standards (e.g., HIPAA) 📋

  • Strong authentication methods 🔑

  • Regular security audits 🕵️‍♂️

Implement Strong Access Controls 🚫

  • Enable multi-factor authentication (MFA) for all accounts 📱

  • Set up role-based access controls 👥

  • Regularly review and update user permissions 🔄

 Encrypt Everything 🔒

  • Use end-to-end encryption for all client data

  • Consider additional tools like Cryptomator for highly sensitive documents 🗄️

Secure File Sharing 📤

  • Use secure file sharing features provided by your cloud service

  • Set expiration dates and passwords for shared links ⏳🔑

  • Avoid sharing sensitive information via email 🚫📧

Regular Security Audits 🔍

  • Conduct periodic reviews of your firm's data security practices

  • Keep all security software and systems up-to-date 🔄

  • Review access logs for any suspicious activity 👀

"Cybersecurity isn't a single step 🔒 — it's a multifaceted priority 📚 every lawyer must understand!"

"Cybersecurity isn't a single step 🔒 — it's a multifaceted priority 📚 every lawyer must understand!"

Cybersecurity isn't a single step 🔒—it's a multifaceted priority 📚 every lawyer must understand!

Educate Staff and Clients 📚

  • Train staff on data security best practices 👨‍🏫

  • Inform clients about your data security measures 📢

  • Obtain informed consent from clients for cloud storage use ✍️

Implement Backup and Recovery Plans 💾

  • Regularly backup all client data

  • Test data recovery procedures periodically 🔄

  • Ensure backups are also encrypted and securely stored 🔐

Use Secure Communication Channels 💬

  • Implement encrypted email or secure client portals for communication

  • Avoid discussing sensitive information over unsecured channels 🚫📱

Monitor for Threats 🕵️‍♀️

lawyers need to stay up-to-date on new cloud security developments and cyberattacks on the cloud-storage/backup platform of choice.

  • Use advanced threat detection tools 🛠️

  • Stay informed about the latest cybersecurity threats 📰

  • Have an incident response plan in place 🚨

Comply with Ethical Guidelines 📜

  • Stay updated on your state bar's ethics opinions regarding cloud storage

  • Ensure your practices align with ABA Model Rules 1.1 (Competence) and 1.6 (Confidentiality) ⚖️

By following these steps, lawyers can significantly enhance the security of client data stored in the cloud, meeting their ethical obligations and protecting sensitive information from unauthorized access or breaches. 🛡️👨‍⚖️👩‍⚖️

⚖️🛒⚠️ Lawyers Beware This Black Friday/Cyber Monday: Balancing Bargains and Cybersecurity! 💻🔒

/ The Tech-Savvy Lawyer.Page/

As the holiday shopping season kicks into high gear, consumers are eagerly anticipating the deals and discounts that come with Black Friday and Cyber Monday. These annual shopping events have become synonymous with significant savings, particularly on tech devices. This time of year makes a compelling case for attorneys to replace or upgrade their tech. However, while the economic benefits of online shopping during this period are undeniable, the rise in cybercrime and scams poses a serious concern. Let's discuss the pros and cons of this digital shopping phenomenon and the precautions consumers should take.

The Economic Upside

Black Friday and Cyber Monday have evolved into major economic drivers, with online sales reaching unprecedented heights. In 2023, U.S. consumers spent a staggering $9.8 billion online on Black Friday alone. This surge in e-commerce activity not only benefits consumers but also contributes significantly to the overall economy.

Cost Savings and Accessibility

One of the primary advantages of online shopping during these events is the substantial cost savings on tech devices. Retailers often reserve their best deals for online shoppers, offering huge discounts on various products, including electronics. This allows consumers to access premium gadgets and software at a fraction of their regular price, making high-end technology more accessible to a broader audience.

Technological Advancements

The increasing popularity of online shopping has spurred technological innovations in e-commerce. For instance, artificial intelligence (AI) played a significant role in driving sales growth during the 2023 Black Friday and Cyber Monday events, with billions of spending influenced by AI through targeted offers, product recommendations, and generative AI chat services. This push for innovation benefits consumers with more personalized shopping experiences and helps businesses optimize their operations.

The Dark Side of Digital Deals

While the economic benefits are clear, the rise of online shopping during Black Friday and Cyber Monday has also created fertile ground for cybercriminals and scammers. The sheer volume of transactions and the urgency to secure deals make consumers particularly vulnerable during this period.

Proliferation of Scams

The holiday shopping season sees a significant uptick in various types of scams. In the UK alone, consumers lost over £11.5 ($14.48*) million to online shopping scams between November 2023 and January 2024, with an average loss of £695 ($874.81*) per victim. These scams range from phishing emails and fake websites to social media fraud and e-skimming.

* The dollar value of this conversion was made around the time of publishing this editorial.

Cybersecurity Risks

The rush to capitalize on deals often leads consumers to let their guard down, making them more susceptible to cyber threats. Malvertising incidents in the U.S. saw a 41% increase from July to September leading into the holiday shopping season. This surge in malicious advertising puts consumers at risk of malware infections and data theft.

Financial and Personal Data Theft

Cybercriminals employ sophisticated techniques to steal financial and personal information. Credit card skimmers, for instance, can be injected into legitimate websites, allowing scammers to capture credit card data without the consumer's knowledge. This not only leads to financial losses but can also result in identity theft and long-term credit issues.

Navigating the Digital Shopping Landscape Safely

Despite the risks, the economic benefits of online shopping during Black Friday and Cyber Monday are too significant to ignore. However, consumers must approach these events with caution and awareness.

Verify Before You Buy

Always double-check the legitimacy of websites and offers. Be wary of deals that seem too good to be true, and avoid clicking on unfamiliar links or pop-up ads. Instead, go directly to known retailer websites to verify deals and make purchases.

Secure Your Transactions

When making online purchases, use secure payment methods like credit cards, which offer better fraud protection than debit cards. Avoid using public Wi-Fi networks for shopping, and consider using a virtual private network (VPN) for an added layer of security.

Stay Informed and Vigilant

Keep yourself updated on the latest scam tactics and be vigilant about protecting your personal and financial information. Be cautious of unsolicited emails, text messages, or social media posts advertising deals, as these are common vectors for phishing attempts.

Leverage Technology Wisely

While AI and other technologies have enhanced the shopping experience, they've also been weaponized by scammers. Use technology to your advantage by employing security software, transaction monitoring services, and official retailer apps to ensure safer shopping.

Final Thoughts

The economic benefits of buying tech devices online during Black Friday and Cyber Monday are substantial. Consumers are offered unprecedented access to discounts and driving significant economic growth. However, these benefits come with the caveat of increased cybersecurity risks and scam prevalence.

As we navigate this digital shopping landscape, it's crucial to strike a balance between capitalizing on deals and maintaining vigilance against potential threats. By adopting safe shopping practices, staying informed about potential risks, and leveraging technology responsibly, consumers can enjoy the economic advantages of these shopping events while minimizing their exposure to scams and cyber threats.

Ultimately, the future of Black Friday and Cyber Monday online shopping will depend on the collective efforts of consumers, retailers, and cybersecurity experts to create a safer digital marketplace. As these events continue to evolve, so too must our approaches to security and consumer education, ensuring that the economic benefits of online shopping can be enjoyed without compromising personal and financial safety. And ideally by doing so, help prevent the unwanted holiday grinch of the bar ethics scrutiny.

❄️❅☃️❆❄️ Have a Happy Holiday Season!❄️❅☃️❆❄️

MTC

Wednesday "How to ....": Enable Remote Wipe Capabilities 🧹 (Mobile Phone📱/Tablet Edition)

/ The Tech-Savvy Lawyer.Page/

Setting up remote wipe capabilities is crucial for protecting your data on both phones and tablets if they're lost or stolen. Here's how to enable this feature across iOS and Android devices:

For iPhone and iPad 🍎

The process is identical for both iPhones and iPads:

1. Enable "Find My":

  •   Go to Settings > [Your Name] > Find My

  •   Toggle on "Find My iPhone" (or "Find My iPad")

  •   Enable "Send Last Location" for better tracking

2. To remotely wipe your device:

  •   Visit iCloud.com/find on a computer or another device

  •   Sign in with your Apple ID

  •   Select your lost device from the list

  •   Click "Erase iPhone/iPad"

  •   Confirm the action

For Android Phones and Tablets 🤖

The process is similar for Android phones and tablets:

1. Enable Find My Device:

  •    Go to Settings > Security > Find My Device

  •    Toggle it on if not already enabled

2. To remotely wipe your device:

  •    Visit android.com/find on a computer or another device

  •    Sign in with the Google Account associated with your lost device

  •    Select your device (phone or tablet)

  •    Choose "Erase device"

  •    Confirm the action

Tablet-Specific Considerations 📱

For tablets that don't have cellular connectivity:

  • Ensure your tablet is connected to Wi-Fi regularly

  • Set up automatic connections to known Wi-Fi networks

  • For iPads, enable "Find My network" to locate your device even when it's offline

For Android tablets:

  • Some may require you to download the "Find My Device" app from the Google Play Store

  • Ensure Location services are enabled for better tracking

Additional Tips for Both Phones and Tablets 💡

  • Regularly update your device's operating system

  • Use strong, unique passcodes or biometric locks

  • Back up your data frequently to cloud services

  • For work devices, consult your IT department about Mobile Device Management (MDM) solutions

By enabling these features on all your mobile devices - phones and tablets alike - you'll have a safety net in place to protect your data if any of your devices are lost or stolen. Remember, remote wiping should be used as a last resort when you're certain you can't recover your device.

MTC/🚨BOLO🚨: Lexis+ AI™️ Falls Short for Legal Research!

/ The Tech-Savvy Lawyer.Page/

As artificial intelligence rapidly transforms various industries, the legal profession is no exception. However, a recent evaluation of Lexis+ AI™️, a new "generative AI-powered legal assistant" from LexisNexis, raises serious concerns about its reliability and effectiveness for legal research and drafting.

Lexis+ AI™️ gets a failing grade!

In a comprehensive review, University of British Columbia, Peter A. Allard School of Law law Professor Benjamin Perrin put Lexis+ AI™️ through its paces, testing its capabilities across multiple rounds. The results were disappointing, revealing significant limitations that should give legal professionals pause before incorporating this tool into their workflow.

Key issues identified include:

  1. Citing non-existent legislation

  2. Verbatim reproduction of case headnotes presented as "summaries"

  3. Inaccurate responses to basic legal questions

  4. Inconsistent performance and inability to complete requested tasks

Perhaps most concerning was the AI's tendency to confidently provide incorrect information, a phenomenon known as "hallucination" that poses serious risks in the legal context. For example, when asked to draft a motion, Lexis+ AI™️ referenced a non-existent section of Canadian legislation. In another instance, it confused criminal and tort law concepts when explaining causation.

These shortcomings highlight the critical need for human oversight and verification when using AI tools in legal practice. While AI promises increased efficiency, the potential for errors and misinformation underscores that these technologies are not yet ready to replace traditional legal research methods or professional judgment.

For lawyers considering integrating AI into their practice, several best practices emerge:

lawyers need to be weary when using generative ai! 😮

  1. Understand the technology's limitations

  2. Verify all AI-generated outputs against authoritative sources

  3. Maintain client confidentiality by avoiding sharing sensitive information with AI tools

  4. Stay informed about AI developments and ethical guidelines

  5. Use AI as a supplement to, not a replacement for, human expertise

Just like in the United States, Canadian law societies and bar associations are beginning to address the ethical implications of AI use in legal practice. The Law Society of British Columbia has published guidelines emphasizing the importance of understanding AI technology, prioritizing confidentiality, and avoiding over-reliance on AI tools. Meanwhile, The Law Society of Ontario has set out its own set of similar guidelines. Canadian bar ethics codes may be structured somewhat differently than the ABA Model Rules of Ethics and some of the provisions may diverge from each other, the themes regarding the use of generative AI in the practice of law ring similar to each other.

Canadian law societies and bar associations, mirroring their U.S. counterparts, are actively addressing the ethical implications of AI in legal practice. The Law Society of British Columbia has issued comprehensive guidelines that underscore the critical importance of understanding AI technology, safeguarding client confidentiality, and cautioning against excessive reliance on AI tools. Similarly, the Law Society of Ontario has established its own set of guidelines, reflecting a growing consensus on the need for ethical AI use in the legal profession.

While the structure of Canadian bar ethics codes may differ from the ABA Model Rules of Ethics, and specific provisions may vary between jurisdictions, the overarching themes regarding the use of generative AI in legal practice are strikingly similar. These common principles include:

  1. Maintaining competence in AI technologies

  2. Ensuring client confidentiality when using AI tools

  3. Exercising professional judgment and avoiding over-reliance on AI

  4. Upholding the duty of supervision when delegating tasks to AI systems

  5. Addressing potential biases in AI-generated content

Hallucinations can end a lawyers career!

This alignment in ethical considerations across North American jurisdictions underscores the universal challenges and responsibilities that AI integration poses for the legal profession. As AI continues to evolve, ongoing collaboration between Canadian and American legal bodies will likely play a crucial role in shaping coherent, cross-border approaches to AI ethics in law.

It is crucial for legal professionals to approach these tools with a critical eye. AI has the potential to streamline certain aspects of legal work. But Professor Perrin’s review of Lexis+ AI™️ serves as a stark reminder that the technology is not yet sophisticated enough to be trusted without significant human oversight.

Ultimately, the successful integration of AI in legal practice will require a delicate balance – leveraging the efficiency gains offered by technology while upholding the profession's core values of accuracy, ethics, and client service. As we navigate this new terrain, ongoing evaluation and open dialogue within the legal community will be essential to ensure AI enhances, rather than compromises, the quality of legal services.

MTC

Episode 100: Guest Host Carolyn Elefant Catching Up with Your Tech-Savvy Lawyer Blogger And Podcaster!

/ The Tech-Savvy Lawyer.Page/

In this special 100th Episode, guest host Carolyn Elefant catches up with your tech-savvy lawyer, blogger, and podcaster. We discuss my current tech setup, how technology is changing legal practice, and the impact of AI on client communication and law work. We also discuss practical tips for using tech tools effectively to improve efficiency and strengthen client relationships.

This milestone episode is full of insights for lawyers, judges and legal practitioners looking to stay ahead in legal tech!

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

  1. How have some of the other legal tech tools that Michael uses transformed the way that he works with clients and deliver service to them since the 50th episode?

  2. What are the challenges as well as the opportunities legal professionals who use technologies like AI, like gen AI are having and what are the implications they have for client confidentiality and data security?

  3. What are the most significant challenges and opportunities Michael has observed for legal professionals using technology to enhance client confidentiality and data security?

In our conversation, we cover the following:

[01:03] Michael's Current Tech Setup

[04:13] Legal Tech Tools and Client Communication

[07:04] Evolution of AI in Legal Practice

[09:50] Challenges and Opportunities with AI

[15:40] Practical Advice for Tech Use in Legal Practice

[21:08] Connect with Carolyn

Connect with Carolyn:

Linkedin: linkedin.com/in/carolynelefant/

Website: myshingle.com/

Resources:

Hardware mentioned in the conversation:

Software & Cloud Services mentioned in the conversation:

MTC: Can Lawyers Ethically Use Generative AI with Public Documents? 🤔 Navigating Competence, Confidentiality, and Caution! ⚖️✨

/ The Tech-Savvy Lawyer.Page/

Lawyers need to be concerned with their legal ethics requirements when using AI in their work!

After my recent interview with Jayne Reardon on The Tech-Savvy Lawyer.Page Podcast 🎙️ Episode 99, it made me think: “Can or can we not use public generative AI in our legal work for clients by only using publicly filed documents?” This question has become increasingly relevant as tools like ChatGPT, Google's Gemini, and Perplexity AI gain popularity and sophistication. While these technologies offer tantalizing possibilities for improving efficiency and analysis in legal practice, they also raise significant ethical concerns that lawyers must carefully navigate.

The American Bar Association (ABA) Model Rules of Professional Conduct (MRPC) provide a framework for considering the ethical implications of using generative AI in legal practice. Rule 1.1 on competence is particularly relevant, as it requires lawyers to provide competent representation to clients. Many state bar associations provide that lawyers should keep abreast of the benefits and risks associated with relevant technology. This scrutiny highlights AI’s growing importance in the legal profession.

However, the application of this rule to generative AI is not straightforward. On one hand, using AI tools to analyze publicly filed documents and assist in brief writing could be seen as enhancing a lawyer's competence by leveraging advanced technology to improve research and analysis. On the other hand, relying too heavily on AI without understanding its limitations and potential biases could be seen as a failure to provide competent representation.

The use of generative ai can have complex ethic's’ requirements.

The duty of confidentiality, outlined in 1.1, presents another significant challenge when considering the use of public generative AI tools. Lawyers must ensure that client information remains confidential, which can be difficult when using public AI platforms that may store or learn from the data input into them. As discussed in our October 29th editorial, The AI Revolution in Law: Adapt or Be Left Behind (& where the bar associations are on the topic), state bar associations are beginning (if not already begun) scrutinizing lawyers use of generative AI. Furthermore, as Jayne Reardon astutely pointed out in our recent interview, even if a lawyer anonymizes the client's personally identifiable information (PII), inputting the client's facts into a public generative AI tool may still violate the rule of confidentiality. This is because the public may be able to deduce that the entry pertains to a specific client based on the context and details provided, even if they are "whitewashed." This raises important questions about the extent to which lawyers can use public AI tools without compromising client confidentiality, even when taking precautions to remove identifying information.

State bar associations have taken varying approaches to these issues. For example, the Colorado Supreme Court has formed a subcommittee to consider recommendations for amendments to their Rules of Professional Conduct to address attorney use of AI tools. Meanwhile, the Iowa State Bar Association has published resources on AI for lawyers, emphasizing the need for safeguards and human oversight.

The potential benefits of using generative AI in legal practice are significant. As Troy Doucet discussed in 🎙️Episode 92 of The Tech-Savvy Lawyer.Page Podcast, AI-driven document drafting systems can empower attorneys to efficiently create complex legal documents without needing advanced technical skills. Similarly, Mathew Kerbis highlighted in 🎙️ Episode 85 how AI can be leveraged to provide more accessible legal services through subscription models.

Do you know what your generative ai program is sharing with the public?

However, the risks are equally significant. AI hallucinations - where the AI generates false or misleading information - have led to disciplinary actions against lawyers who relied on AI-generated content without proper verification. See my editorial post My Two Cents: If you are going to use ChatGTP and its cousins to write a brief, Shepardize!!! Chief Justice John Roberts warned in his 2023 Year-End Report on the Federal Judiciary that "any use of AI requires caution and humility".

Given these considerations, a balanced approach to using generative AI in legal practice is necessary. Lawyers can potentially use these tools to analyze publicly filed documents and assist in brief writing, but with several important caveats:

1. Verification: All AI-generated content must be thoroughly verified for accuracy. Lawyers cannot abdicate their professional responsibility to ensure the correctness of legal arguments and citations.

2. Confidentiality: Extreme caution must be exercised to ensure that no confidential client information is input into public AI platforms.

3. Transparency: Lawyers should consider disclosing their use of AI tools to clients and courts, as appropriate.

The convergence of ai, its use in the practice of law, and legal ethics is here now1

4. Understanding limitations: Lawyers must have a solid understanding of the capabilities and limitations of the AI tools they use.

5. Human oversight: AI should be used as a tool to augment human expertise, not replace it.

This blog and podcast has consistently emphasized the importance of these principles. In our discussion with Katherine Porter in 🎙️ Episode 88, we explored how to maximize legal tech while avoiding common pitfalls. In my various posting, there has always been an emphasis on the need for critical thinking and careful consideration before adopting new AI tools.

It's worth noting that the legal industry is still in the early stages of grappling with these issues. As Jayne Reardon explored in 🎙️ Episode 99 of our podcast, the ethical concerns surrounding lawyers' use of AI are complex and evolving. The legal profession will need to continue to adapt its ethical guidelines as AI technology advances.

While generative AI tools offer exciting possibilities for enhancing legal practice, their use must be carefully balanced against ethical obligations. Lawyers can potentially use these tools to analyze publicly filed documents and assist in brief writing, but they must do so with a clear understanding of the risks and limitations involved. As the technology evolves, so too must our approach to using it ethically and effectively in legal practice.

MTC

🚨 BOLO 🚨 : Beware of phishing emails impersonating federal court CM/ECF notifications!

/ The Tech-Savvy Lawyer.Page/

🚨 Today, I received notices from two different courts about illicit emails posing as court communications (see pictures below). 📨 It can sometimes be easy to ignore the “generic” clerk’s e-mail.

🔒 Remember, scammers may send fake emails with malicious links or attachments claiming to be from courts. Always verify emails before clicking links or downloading files. Access court documents directly through official PACER/CM/ECF portals. 🛡️

🚫 Report suspicious emails to your court.

Stay vigilant to protect sensitive case information and maintain cybersecurity. 🛡️💻

From the United States District Court of Maryland…

From the United States Southern District Court of indiana…

MTC: Cloud-Based Legal Drafting: Assessing the Safety of Google Workspace and Microsoft 365 for Lawyers.

/ The Tech-Savvy Lawyer.Page/

Is working on your briefs in the “cloud” secure? 🤷

As law firms increasingly embrace cloud technologies, many attorneys are questioning the safety of using platforms like Google Workspace and Microsoft 365 to draft sensitive legal documents such as briefs. This concern is well-founded, given the ethical obligations lawyers have to protect client confidentiality (see generally MRPC 1.6(a). Let’s examine the security measures these platforms offer and consider the implications for legal professionals.

Security Features of Google Workspace and Microsoft 365

Both Google Workspace and Microsoft 365 provide robust security measures designed to protect user data:

  1. Encryption: Both platforms offer encryption for data at rest and in transit.

  2. Multi-factor Authentication: This additional layer of security helps prevent unauthorized access.

  3. Data Loss Prevention (DLP): Policies can be set to prevent sensitive information from being shared inappropriately.

  4. Advanced Threat Protection: Both services include features to detect and prevent malware, phishing, and other cyber threats.

Compliance and Legal Considerations

For lawyers, compliance with industry standards is crucial. Both platforms address this need:

These certifications indicate that both platforms have undergone rigorous third-party audits to ensure they meet stringent security and privacy requirements.

Specific Considerations for Legal Drafting

When it comes to drafting legal briefs, consider the following:

  1. Version Control: Both platforms offer robust version control features, allowing lawyers to track changes and revert to previous versions if necessary.

  2. Access Controls: Administrators can set granular permissions to ensure that only authorized individuals can access sensitive documents.

  3. eDiscovery: Both Google Workspace and Microsoft 365 include tools for eDiscovery, see Google Vault and Microsoft Purview eDiscovery, respectively, which can be crucial in legal proceedings.

  4. Data Residency: For firms handling matters with specific jurisdictional requirements, both platforms offer options to specify where data is stored.

Potential Risks and Mitigation Strategies

While these platforms offer strong security measures, there are still risks to consider:

  1. User Error: The biggest risk often comes from within. Implement regular training on security best practices for all staff.

  2. Third-Party Apps: Be cautious when integrating third-party applications, as they may not adhere to the same security standards.

  3. AI and Machine Learning: When integrating AI tools like Microsoft's Copilot, be aware of potential data exposure risks when using these features for legal drafting.

  4. Ethical Considerations: Ensure that your use of cloud services complies with your jurisdiction's ethical rules regarding client confidentiality.

Conclusion

Lawyers must keep in mind their ethical obligations when working online!

While no system is 100% secure, both Google Workspace and Microsoft 365 offer robust security features that, when properly configured and used, can provide a safe environment for drafting legal briefs. The key is to:

  1. Understand and implement the security features available.

  2. Regularly train staff on security best practices.

  3. Stay informed about updates and new features that could impact security.

  4. Consult with IT professionals to ensure proper configuration.

  5. Regularly review and update your firm's security policies.

By taking these steps, law firms can leverage the benefits of cloud-based platforms while maintaining the security and confidentiality required in legal practice. As always, it's crucial to stay informed about the latest developments in legal technology and security to ensure your firm's practices remain both efficient and ethically compliant.

MTC

Happy Lawyering!

🎙️Ep. 99: Navigating the Intersection of Law Ethics and Technology with Jayne Reardon.

/ The Tech-Savvy Lawyer.Page/

Meet Jayne Reardon, a nationally renowned expert on legal ethics and professionalism who provides ethics, risk management, and regulatory advice to lawyers and legal service providers. Jayne is an experienced trial lawyer who has tried cases in state and federal courts across Illinois and on appeal up to the United States Supreme Court. She also sits on the national roster of the American Arbitration Association for Commercial and Consumer Arbitration. Moreover, she is a certified neutral in the Early Dispute Resolution Process. Jayne's experience includes service as Executive Director of the Illinois Supreme Court Commission on Professionalism, an organization dedicated to promoting ethics and professionalism among lawyers and judges, and disciplinary counsel for the Illinois Attorney Registration and Disciplinary Commission.

In today's conversation, Jayne explores ethical concerns for lawyers using AI, focusing on ABA Model Rules. She also discusses billing ethics, advising transparency in engagement letters and time tracking. Furthermore, Jayne highlights online civility, warning against impulsive posts and labeling, and real-life cases to underscore the importance of ethical vigilance in AI-integrated legal practice.

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

  1. What are your top three warnings to lawyers about using AI in line with the ABA model rules of ethics?

  2. Some lawyers are creating DIY services online through chatbots, AI for clients, through chatbots and AI for clients to handle their legal affairs. What are the top three ethical concerns these lawyers should be wary of when creating these services?

  3. What are your top three suggestions about lawyers being civil to one another and others online?

In our conversation, we cover the following:

[01:11] Jayne's Current Tech Setup

[04:50] Handling Tech Devices and Daily Usage

[08:51] Ethical Considerations for AI in Legal Practice

[19:21] Ethical Considerations for AI-Assisted Services

[26:37] Civility in Online Interactions

[30:58] Connect with Jayne

Resources:

Connect with Jayne:

Hardware mentioned in the conversation:

Software & Cloud Services mentioned in the conversation:

* the “W-Calendar” program I refered to apparently is no longer an active software program available for purchase.

The AI Revolution in Law: Adapt or Be Left Behind (& where the bar associations are on the topic).

/ The Tech-Savvy Lawyer.Page/

Its a pivotal moment for attorneys as generative ai has made a huge impact on the field of law.

Recently in a groundbreaking revelation at the 2024 Clio Cloud Conference, Jack Newton, CEO and founder of CLIO, unveiled a startling statistic that's set to reshape the legal landscape. "79% of legal professionals [are] now incorporating AI tools into their daily work—a significant jump from just 19% in 2023" Newton announced, highlighting an unprecedented rate of technology adoption in the legal sector.

This meteoric rise in AI usage among lawyers is not just impressive; it's transformative. Newton emphasized the critical nature of this shift, stating, "If you don't embrace AI, you are at a fundamental competitive disadvantage, and you will lose". Despite this blogs ongoing drum beat that AI is significantly impacting the practice of law, his words should serve as a wake-up call to legal professionals worldwide: the AI revolution is here, and it's moving faster than any technological advancement we've seen before.

The rapid adoption of AI in law practice isn't just about staying current; it's about survival in an increasingly competitive field. As AI tools become more sophisticated and integrated into daily legal work, lawyers who fail to adapt risk falling behind their tech-savvy counterparts. From streamlining document review to enhancing legal research capabilities, AI is proving to be an indispensable tool in the modern law office.

However, with great power comes great responsibility. As lawyers rush to incorporate AI into their practices, they must navigate the complex ethical landscape that comes with this new technology. State bar associations across the country are scrambling to issue guidelines and ethics opinions to ensure that the use of AI aligns with professional standards and client interests. 

Lawyers who don’t embrace technology and AI into their practice of law are going to find themselves left behind by others who do!

The American Bar Association has taken a lead role in this effort, issuing Formal Opinion 512 on "Generative Artificial Intelligence Tools" in July 2024. This opinion emphasizes that while lawyers need not become AI experts, they must develop a "reasonable understanding of the capabilities and limitations" of the AI tools they use[1]. Many state bars are following suit, Below, I have attempted to provide a comprehensive list of bar associations that have “required,” “suggested,” or are “studying” ethical requirements that lawyers follow when using generative AI in their work.  (This list is up-to-date as of October 27, 2024.)

At The Tech-Savvy Lawyer.Page, we've been at the forefront of this discussion, providing in-depth analyses and practical advice for lawyers navigating the AI landscape. Our recent posts on "Understanding the Ethical Implications of AI in Law Practice" and "The White House's New Ai Guidelines: What Lawyers Need To Know!" offer valuable insights into how to integrate AI tools ethically and effectively.

As the legal profession stands at this technological crossroads, it's clear that embracing AI is no longer optional—it's imperative. Lawyers must not only learn to use these tools but also understand the ethical obligations that come with them. State bar requirements are evolving rapidly, and staying informed is crucial.

The message is clear: adapt, learn, and thrive in this new AI-driven legal landscape, or risk being left behind. The future of law is here, and it's powered by artificial intelligence. Are you ready to lead the charge?

MTC

List of Bar Associations that have “REQUIRED,” “SUGGESTED,” or are “STUDYING” Ethical Requirements that lawyers follow when using generative AI in their work.  (This list is up-to-date as of October 27, 2024.)

📋

List of Bar Associations that have “REQUIRED,” “SUGGESTED,” or are “STUDYING” Ethical Requirements that lawyers follow when using generative AI in their work.  (This list is up-to-date as of October 27, 2024.) 📋

Required:

  1. California State Bar - https://calawyers.org/california-lawyers-association/ethics-guidelines-for-lawyers-using-generative-ai/

  2. DC Bar Association - https://www.dcbar.org/for-lawyers/legal-ethics/ethics-opinions-210-present/ethics-opinion-388

  3. Florida Bar - https://news.bloomberglaw.com/litigation/ai-guidance-from-florida-bar-builds-on-familiar-ethics-rules

  4. Illinois State Bar Association - https://www.isba.org/sections/ai

  5. Iowa State Bar Association - https://www.iowabar.org/?blAction=showEntry&blogEntry=111125&pg=IowaBarBlog

  6. Missouri Bar - https://mo-legal-ethics.org/informal-opinion/2024-11/

  7. New Hampshire Bar Association - https://www.nhbar.org/using-artificial-intelligence-in-practice/

  8. New Jersey State Bar Association - https://njbiz.com/nj-supreme-court-releases-preliminary-ai-guidelines-for-lawyers/

  9. North Carolina Bar Association - https://nydailyrecord.com/2024/03/04/north-carolina-adds-to-growing-body-of-ai-ethics-guidance-for-lawyers/

  10. Oregon State Bar - https://www.osbar.org/bulletin/issues/2024/2024April/offline/download.pdf

  11. Pennsylvania Bar Association - https://www.lawnext.com/2024/06/new-legal-ethics-opinion-cautions-lawyers-you-must-be-proficient-in-the-use-of-generative-ai.html

  12. Utah State Bar - https://www.jdsupra.com/legalnews/utah-adopts-new-ai-disclosure-law-that-3770503/

  13. Virginia State Bar - https://nydailyrecord.com/2024/08/30/practical-and-adaptable-ai-guidance-arrives-grom-the-virginia-state-bar/

  14. Washington State Bar Association - https://watech.wa.gov/policies/interim-guidelines-purposeful-and-responsible-use-generative-artificial-intelligence-ai-washington

Suggested:

  1. Hawaii Bar Association - https://histatelawlibrary.com/about/artificial-intelligence-usage-recommendations/

  2. Kentucky State Bar - https://cdn.ymaws.com/www.kybar.org/resource/resmgr/ethics_opinions_(part_2)_/kbae457artificialintelligenc.pdf

  3. Louisiana State Bar Association - http://www.lsba.org/documents/News/LSBANews/LASCLetterAI.pdf

  4. Massachusetts Bar Association - https://natlawreview.com/article/american-bar-association-issues-formal-opinion-use-generative-ai-tools

  5. Michigan State Bar - https://www.michbar.org/journal/Details/Lawyering-in-the-age-of-GenAI?ArticleID=4873

  6. Minnesota State Bar Association - https://www.mnbar.org/resources/publications/bench-bar/columns/2024/09/03/ethics-guidance-for-generative-ai-use

  7. New York State Bar Association - https://associationsnow.com/2024/04/legal-group-ai-guidelines/

  8. Oklahoma Bar Association - https://www.okbar.org/barjournal/september-2024/a-cautionary-tale/

  9. Tennessee Bar Association - https://www.tba.org/?blAction=showEntry&blogEntry=110838&pg=LawBlog

  10. West Virginia State Bar - https://www.intelligencer.net/news/top-headlines/2024/06/legal-watchdog-provides-west-virginia-attorneys-guidance-on-ai/

Studying:

  1. Alabama State Bar Association - https://www.attorneysinsurancemutual.com/post/aba-issues-first-ethics-guidance-on-a-lawyer-s-use-of-artificial-intelligence-tools-alabama-and-ten

  2. Colorado Bar Association - https://cl.cobar.org/features/the-legal-ethics-of-generative-ai-part-3/

  3. Delaware State Bar Association - https://media1.dsba.org/public/Publications/BarJournal/January2024DSBABarJournal.pdf

  4. Georgia State Bar - https://natlawreview.com/article/american-bar-association-issues-formal-opinion-use-generative-ai-tools

  5. Mississippi Bar Association - https://www.phelps.com/insights/the-mississippi-bar-presents-benefits-of-artificial-intelligence-in-law-practice.html

  6. Montana State Bar - https://www.montanabar.org/Membership-Regulatory/Ethics-Resources

  7. Nevada State Bar - https://nvbar.org/events/cle-ai-and-the-practice-of-law/

  8. South Carolina Bar Association - https://www.americanbar.org/news/abanews/aba-news-archives/2024/07/aba-issues-first-ethics-guidance-ai-tools/

  9. Texas State Bar - https://www.law.com/texaslawyer/2024/07/22/new-ai-legal-ethics-rules-coming-texas-state-bar-drafting-recommendations-on-artificial-intelligence/