MTC: How The Tiktok Ban May Affect Legal Advertising And Client Communication!

Will a ban on "tik-tok” in the united states affect an effective way for lawyers with limited means find new clients?

Recently, the Biden Administration signed into law a "potential" ban on the popular social media application TikTok.  TikTok is an application with a unique blend of short-form video content and algorithm-driven visibility loved by many - teenagers, adults, small businesses, big businesses, and more!  It has emerged as a powerful tool for law firms and solo practitioners to showcase their expertise, demystify complex legal concepts, and build a more approachable brand image.  Before everyone freaks out, including lawyers, about TikTok being shut down, this law gives TikTok nine months (with a possible three-month extension) to be divested from its parent company, ByteDance. So, what is the underlying problem?

ByteDance is accused of being a Chinese Spy. The U.S. Government believes the parent company will have unprecedented information on American Citizens that will cause a national security issue.  This is a legitimate concern but, in reality, may not be justified given the available data American's already freely share on the internet.  But, with discussions around national security concerns leading to potential bans or restrictions in various countries, the legal community stands at the precipice of a significant shift in digital communication strategies. Meanwhile, these legitimate security issues are buttressed against individual Constitutional rights of free speech and self-determination (of what to do with one’s own information).

Lawyers need to navigate how Federal laws, state laws, and state bar ethics may affect their social media presence!

The ban's most immediate effect on legal advertising stems from TikTok's role as a democratizing force in digital marketing. Unlike traditional platforms that require substantial investment in content creation and distribution, TikTok has allowed small businesses, including solo lawyers and small- to medium-size law firms, to reach potential clients through creative, engaging content without significant financial overheads. The platform's algorithm favors engagement over follower count, making it possible for even new practitioners to gain visibility among millions of users. Thus, a ban would close off a vital avenue for cost-effective brand building and a forum through which to cultivate new clients.

Moreover, TikTok has facilitated a unique form of client communication and community building that is especially relevant in today’s fast-paced digital environment. Legal professionals have leveraged the platform not only to advertise their services but also to provide valuable legal education and commentary on current events in an accessible format. This approach has helped demystify the law for many individuals who might otherwise feel intimidated by the prospect of engaging with legal issues or contacting a lawyer. In the end, the loss of this channel could significantly hinder efforts to make the law more accessible to the general public.

The ripple effects extend beyond direct marketing implications; they touch upon how law firms position themselves within an increasingly online world where social media presence is often synonymous with relevance and thought leadership. For many younger clients or those immersed in digital culture, a firm’s presence on platforms like TikTok signals openness to innovation and a willingness to communicate in relatable terms.

lawyers will need to figure out how their bottom line is affective if they can no longer use Tiktok as an economically efficient means of advertising and potential client communication!

In navigating these changes, law firms must reconsider their digital marketing strategies by exploring alternative platforms that offer similar engagement opportunities without running afoul of potential legal restrictions. (This can be challenging as lawyers need to be weary of federal laws, their state laws, their state bar ethics, and the laws of other states their TikTok ads may appear in - which could likely be all of them!)  Adapting content strategies to fit new platforms while maintaining authenticity will be crucial. Moreover, firms may need to invest more heavily in other forms of digital marketing, such as search engine optimization (SEO), pay-per-click (PPC) advertising, or even revert back towards more traditional channels, albeit more expensive and less effective if those become the remaining alternatives. Thus, limiting their ability to reach new clients.

Understanding how a TikTok ban impacts legal advertising and client communication involves recognizing both its role as an equalizer in digital marketing for lawyers and its capacity for fostering meaningful connections with current and prospective clients. As restrictions loom on the horizon, navigating these shifts will demand creativity, adaptability, and foresight from legal professionals committed to maintaining robust lines of communication with their audience. All the while, lawyers will have to agonize if they should continue advertising on TikTok and if the investment they have already made in TikTok will require further expenditure to be retooled, if even possible, for other means of advertising.

It’s a mess right now, and I don't think lawyers need more to stress over.  But here we are….

MTC

Happy Lawyering!

My Two Cents/BOLO: Privacy Alert for Legal Pros: Navigating Discord's Data Vulnerabilities and Maintaining Client Confidentiality on the Internet

Lawyers can learn a valuable lesson from a recent privacy breach alert for Discord users. Discord, originally designed for gamers to communicate while gaming, is a versatile chat app like Slack or Skype, offering real-time messaging, voice, and video to its over 100 million users. Discord users faced a privacy issue where their data on public servers has been scraped and sold. An online service named Spy Pet has been collecting data from thousands of Discord servers and selling it cheaply for various purposes, including to law enforcement and AI companies. This has raised concerns because the data includes user activities and messages, even though private direct messages remain secure.

Lawyers need to be careful about what services they use when communicating client information on the internet.

Here are some General Tips for Lawyers on Protecting Privacy when using Discord and Similar Platforms:

Be cautious about what you share on public servers since anything posted can potentially be scraped.

Monitor and manage server bots carefully to avoid unwanted data scraping. Remove or ban suspicious accounts.

Adjust server privacy settings to restrict who can join and view content.

Lawyers should be especially cautious when using platforms like Discord for any sensitive communications. Given the lack of end-to-end encryption for public server messages and the potential for data scraping:

Lawyers are a guardian of their client’s information when using it online!

• Avoid sharing any confidential information that could compromise client privacy.

• Utilize platforms that are specifically designed for secure, encrypted communications to ensure confidentiality and compliance with legal standards.

Always assume that any data shared on non-encrypted platforms could be accessed by unintended parties. Most of the popular Law Practice Management Programs and paid communication platforms should be secure. But it's always best to check a company's Terms of Service and online reputation before entering client confidential or private information.

MTC

Happy Lawyering!

My Two Cents: Other Issues to Learn from an MA Lawyer's Misconduct - Don't be Lazy and Hit “Reply all” in Your Emails - Check Your Work!

by not proofing your e-mail before just “replying all,” you can create a slew of ethics issues for yourself! 😱

In Massachusetts, a lawyer faced public reprimand after inappropriately advising a bankruptcy attorney to ignore a court's call. The lawyer, defending a company and its owner in a pretrial hearing, suggested the possibility of a bankruptcy filing to the court. However, during the session, he covertly emailed and texted the bankruptcy lawyer with the message "Don't pick up your phone," an act he didn't disclose to the judge but accidentally revealed to opposing counsel by including him in the email to the bankruptcy lawyer. This action breached multiple professional conduct rules, leading to his reprimand. So, what lessons can we learn from this (aside from not engaging in conduct that is prejudicial to the administration of justice)?

From this story, attorneys can learn the critical importance of attentiveness when managing email communications. Notably, we should:

1. Be wary of the "reply all" function to avoid inadvertently sharing information with unintended recipients.

2. Always confirm the recipient list before sending sensitive information.

3. Understand that digital communications are not private and can be disclosed in court.

4. Recognize that actions taken in the heat of the moment can have serious professional consequences.

5. Keep in mind the ethical implications and rules of professional conduct when communicating during legal proceedings.

practical e-mail management can help create a more peaceful and ethically compliant law practice! 😀

I think the most important lesson is to always check your work before submitting it! I am not encouraging lawyers to be deceptive in their work, break laws, or not follow the rules of ethics.  But a lot of these problems (aside from his unethical behavior) would have been prevented if the lawyer just proofread his work (including who he was sending his work to) before he sent it. 🙄

My Two Cents: A Lawyer's Right to Untether from Work During Their Personal Time May Become Law in One State - What Should This Legislation Signal to the Rest of Us?

New legislation in california aims to give employees the right to Electronically disconnect from work in this current 24/7 always on world given to us by today’s Technology.

I've been closely following the introduction of Assembly Bill 2751 (AB 2751) in California, and I must say, it may be a game-changer for us lawyers. This move is crucial in a world where being constantly connected has become the norm, extending our workdays indefinitely with emails, texts, and calls. For us lawyers, we're in a profession that demands our all, often blurring the lines between our work and personal lives, especially since the pandemic hit. Ironically, the integration of technology, while meant to streamline our work, has increased the pressure on us. Being expected to be on call 24/7 has led to 'technostress,' with significant psychological impacts. The inability to disconnect can lead to burnout, depression, and anxiety. Moreover, the constant connectivity deprives us of the downtime our brains need to recover from daily stressors, affecting our well-being and productivity in the long run.

AB 2751 is a breath of fresh air. Its clear aim is to give us the right to unplug from work after hours without fear of backlash from our employers (how this translates into the real world may be a different question). For someone like me, who's passionate about integrating technology into our practice to enhance our services and reclaim some personal time, AB 2751 hits close to home.

Lawyers also have the right to disconnect from work and recharge!

It's not just about setting boundaries; it's about acknowledging the digital leash that's become a part of many professions, including ours. The expectation to be always on, ready to respond to clients' needs, can be overwhelming. While I already think lawyers can manage expectations of their employers and clients by setting some boundaries from the beginning - see My Two Cents: Attorneys can limit client expectations in the world of 24/7 e-mail. - this legislation could offer some form of protection for those employers or clients who abuse their lawyers with unreasonable availability expectations/requirements.

AB 2751 recognizes that allowing us to disconnect benefits not just us as individuals but also our clients and the justice system at large. It also plays a crucial role in attracting and retaining talent within our profession. Many young professionals today seek flexibility and well-being alongside their career goals. Firms that support policies like AB 2751 will stand out as more attractive employers.

But implementing AB 2751 in law practices comes with its challenges. The nature of our work often requires immediate attention to cases, demanding a balance between the right to disconnect and the needs of our clients and cases. It calls for reassessing how we manage workloads and communication expectations after hours. This could lead to more efficient use of our working hours and better planning and delegation within our teams.

Do lawyers have the right to unplug from work and find a moment of zen?

AB 2751 is not just about recognizing the need for downtime in our always-on culture; it's about encouraging a broader cultural shift within organizations to value restorative time off. It offers us, legal professionals, a chance to redefine our commitment to our careers without sacrificing our health or happiness. As this legislation unfolds, its real-world application will be a litmus test for traditional operational models and an opportunity to foster more sustainable practices within our profession.

But, admittedly, in our legal profession this may be more easily said than done...

MTC

My Two Cents: The White House's New Ai Guidelines: What Lawyers Need To Know!

The recent unveiling of the White House's new artificial intelligence (AI) guidelines marks a pivotal moment in the regulation and oversight of AI technologies. This follows from our previous discussion when the White House first announced its AI directive last October. As these guidelines aim to shape the development, deployment, and governance of AI systems, it's essential for legal professionals to grasp their implications. These guidelines are not just a framework for ethical considerations but also set the stage for future regulatory actions that could significantly impact various industries and legal practices.

At their core, the new AI guidelines are designed to ensure that AI technologies are developed and used in a manner that is ethical, transparent, responsible, and aligned with the public interest. They underscore the importance of protecting citizens' rights while fostering innovation and economic growth. For lawyers, this means a careful navigation through emerging legal landscapes shaped by these principles.

One of the key aspects highlighted by these guidelines is accountability. Developers and users of AI systems are encouraged to implement mechanisms that ensure responsibility for the outcomes of these technologies. This includes establishing clear lines of oversight for AI systems' deployment and operation. For lawyers advising companies in tech or other sectors employing AI technologies, this necessitates a thorough understanding of how accountability measures can be integrated into business practices to comply with these new standards.

Lawyers need to learn how AI will impact their practice!

Privacy protection is another critical element addressed by the guidelines. With AI systems often relying on vast amounts of data, including personal information, ensuring privacy compliance becomes paramount. Legal professionals must be adept at navigating both current data protection laws and understanding how these new guidelines augment those protections, specifically in relation to AI usage. This includes advising clients on data minimization practices and consent mechanisms that align with both existing laws and future expectations set forth by these guidelines.

Transparency around how AI systems operate also receives significant emphasis in the White House's framework. The call for understandable explanations about how decisions are made by or with the assistance of AI poses unique challenges for compliance but also opportunities for innovation in explainability methods. Lawyers will need to guide clients on documenting decision-making processes clearly enough that they meet regulatory standards without compromising proprietary technology or methodologies.

Moreover, as these guidelines stress ethical considerations such as fairness and non-discrimination in AI applications, legal practitioners must be vigilant about potential biases inherent in algorithmic decision-making processes. This requires an interdisciplinary approach that combines legal expertise with an understanding of technical aspects related to bias detection and mitigation strategies within AI models.

Given that these guidelines could inform future legislation or regulatory actions at both federal and state levels, staying abreast of ongoing developments is crucial for lawyers advising clients who use or develop AI technology. But remember, these guidelines do not just impact what lawyers need to advise their clients about the use of AI; lawyers need to understand how these guidelines advise lawyers for their own use of AI in their law offices.

lawyers need to stay informed on how ai may impact their clients!

Lawyers need to understand how their own use of AI may impact how they practice law. Their own oversight is not limited to themselves but to everyone working for them. The tools lawyers and their staff use must securely protect a client’s personal identification information (PII) and any confidential issues a lawyer maintains for their client.  They must be transparent in their use of AI in their practice and should not be billing clients for “time saved” when using AI instead of slower, more “traditional” ways.  Lastly, lawyers need to be aware of any potential biases, e.g., discriminatory, political, factual, inter alia., the AI may have embedded (intentionally or not) within it.

Remember, it's crucial for legal practitioners to stay informed about these developments and integrate this knowledge into their practice to effectively represent parties involved with AI technologies. Your bar license could count on it!

MTC

Happy Lawyering!

My Two Cents: How Do Lawyers Unpack The Benefits And Drawbacks Of Using Windows v. Apple Devices In Light Of Antitrust Concerns.

What Is The DOJ's March 21, 2024, Lawsuit Against Apple?

Doj files an antitrust suit against apple

The Department of Justice's (DOJ) March 21, 2024, lawsuit against Apple marks a significant moment in the ongoing scrutiny of major technology firms for antitrust concerns. This legal action stems from allegations that Apple has been engaging in monopolistic practices, particularly focusing on how it manages the App Store and its treatment of third-party developers. The DOJ argues that Apple's policies and practices around its iOS ecosystem and App Store have effectively stifled competition, harming both developers and consumers.

Central to the DOJ's case is the claim that Apple imposes unfair restrictions and fees on app developers who wish to reach iOS users. Apple effectively uses its platform as a gatekeeper to enforce an ecosystem that benefits itself at the expense of competition. By doing so, Apple is alleged to not only limit consumer choice but also discourage innovation by making it more challenging for smaller developers to compete.

This lawsuit is part of a broader push by U.S. regulators to address anticompetitive behavior in the tech industry. It underscores growing concerns about how the dominance of a few major companies may be impacting markets, innovation, and consumer rights.

Understanding The Antitrust Concerns Surrounding Apple And Windows Operating Systems

Understanding the antitrust concerns surrounding Apple and Windows operating systems requires a dive into the complex interplay of market dominance, competitive practices, and consumer choice. At the heart of these concerns is how both tech giants have established and maintained their market positions. Apple's iOS and Microsoft's Windows have become synonymous with mobile and desktop computing, respectively, leading to scrutiny under antitrust laws designed to ensure fair competition.

The primary issue lies in how both companies leverage their dominant positions to potentially stifle competition. Apple has been criticized for its tightly controlled ecosystem, where it dictates the terms for app developers wishing to reach its vast user base through the App Store. This control extends to mandatory use of Apple's payment systems, from which it extracts fees, raising questions about unfair practices that could limit competition from smaller developers.

the ongoing dispute regarding window and apple’s potential monopolistic activities…

Similarly, Microsoft's Windows operating system has faced scrutiny over its market strategies that lock in consumers and OEMs (Original Equipment Manufacturers), discouraging them from exploring or supporting alternative operating systems. Such strategies include bundling key software applications exclusively with Windows or implementing technical barriers that disadvantage competing software. These practices have drawn attention from regulatory bodies worldwide, concerned that they may hinder innovation, limit consumer choice, and inflate prices due to reduced competition.

Comparing The Benefits Of Apple And Windows Devices In The Tech Industry

In the tech industry, the comparison between Apple and Windows devices reveals a nuanced landscape of benefits that cater to distinct user preferences and needs. Both ecosystems have carved their niches within the tech landscape by emphasizing different aspects of user experience. Apple focuses on seamless integration and security. Meanwhile, Windows champions flexibility and software accessibility.

Apple devices, heralded for their seamless integration and unparalleled ecosystem, offer users an unmatched level of synchronization across products. This harmony enhances productivity and provides a user experience that is both intuitive and cohesive.  Meanwhile, the robust security features inherent in Apple's operating system also stand as a testament to its commitment to protecting user data, making it a preferred choice for those prioritizing privacy.

Conversely, Windows devices shine in their flexibility and compatibility, presenting users with a broad spectrum of hardware choices that cater to various budgets and performance requirements. This openness has fostered an environment ripe for innovation, allowing developers to push the boundaries of software capabilities. Moreover, Windows' extensive compatibility with a plethora of software options makes it an indispensable tool for professionals across different sectors, ensuring that productivity tools are within reach regardless of the industry.

Comparing The Benefits Of Apple And Windows Devices In A Lawyer's Workplace

lawyers must weight the benefits and detriments of using windows versus apple in their law practice.

In a lawyer's workplace, where precision, confidentiality, and efficiency are paramount, choosing between Apple and Windows devices is more than a mere preference; it's a strategic decision. These platforms offer distinct benefits that can significantly influence legal practices.

Apple devices are renowned for their robust security features. For lawyers dealing with sensitive client information, this aspect cannot be overstated. The integration across Apple's ecosystem allows for a seamless workflow, whether drafting documents on a MacBook or reviewing case files on an iPad. Such interoperability can enhance productivity by enabling lawyers to work flexibly from anywhere. Furthermore, Apple's user-friendly interface and reliability can reduce downtime and IT support needs, letting legal professionals focus more on their cases and less on technology troubleshooting.

On the other hand, Windows devices offer unparalleled compatibility and customization options that cater to diverse legal software needs. Many law firms rely on specialized applications often designed with Windows in mind, ensuring these tools run smoothly without the need for workarounds or additional software. The flexibility of Windows hardware, ranging from high-powered desktops for intensive research and document preparation to portable tablets for courtroom use, lets law firms tailor their technology stack according to specific needs and budgets. Moreover, the familiarity of the Windows operating system for many users can facilitate quicker adoption among staff members.

While both ecosystems present compelling advantages for legal professionals, the decision ultimately hinges on specific firm requirements such as software compatibility, security demands, and budgetary constraints. Thus, understanding these nuances is crucial in navigating the benefits of Apple versus Windows devices within a lawyer's workplace amid rising antitrust concerns over market dominance and interoperability between platforms.

Analyzing The Impact Of Antitrust Regulations On Lawyers as Technology Consumers

Antitrust regulations, designed to foster competition and prevent monopolistic behaviors, profoundly impact technology consumers, particularly in the context of Windows and Apple devices. On one hand, these regulations aim to ensure that consumers benefit from a competitive market by having access to diverse products at competitive prices. For example, antitrust scrutiny can lead to more innovation as companies strive to differentiate their offerings in a crowded marketplace. This can result in better device performance, enhanced features, and lower consumer prices. But on the other hand, does it come with a price for security (Apple) and availability (Windows)?

The conundrUm - choosing between Apple v. Windows!

In the end, lawyers must ask themselves which is more important – price v. security. 🧐

MTC

Happy Lawyering!

My Two Cents: Embracing the Future: Navigating the Ethical Use of AI in Legal Practice.

Lawyers need to be mindful of their bar ethics when using Generative aI in their practice of law.

What can the Florida Bar Ethics Opinion 24-1, issued a couple of months ago, provides as guidance for all lawyers on the ethical use of generative artificial intelligence (AI) in their practice. Here are the key teachings and reminders for lawyers, not just in Florida but potentially applicable in any jurisdiction:

1. Confidentiality and Client Information: Lawyers must ensure the protection of client confidentiality when using generative AI. This includes understanding the AI program's policies on data retention, sharing, and learning capabilities to prevent unauthorized disclosure of client information.

2. Competence and Accuracy: Lawyers are responsible for their work product and must ensure that the use of generative AI aligns with their professional judgment and ethical obligations. This includes verifying the accuracy and reliability of information generated by AI tools.

3. Billing Practices: The opinion cautions against improper billing practices, such as double-billing for AI-generated work. Lawyers must ensure that fees and costs charged to clients are reasonable and ethically justified.

Generative AI can be a positive contribution to your law firm!

4. Advertising and Communication: When using AI chatbots for client communication, lawyers must comply with advertising restrictions and clearly disclose that the chatbot is an AI program, not a human lawyer or law firm employee.

5. Technological Competence: Lawyers have a duty to maintain competence in technology, which includes understanding the risks and benefits associated with new tools like generative AI.

6. Supervision and Oversight: Lawyers must develop policies for the oversight of generative AI to ensure its use is consistent with ethical standards. This includes reviewing AI-generated work products for accuracy and sufficiency.

7. Ethical Delegation: Lawyers should carefully consider which tasks can be ethically delegated to generative AI, ensuring that the AI does not perform duties that require a lawyer's personal judgment or constitute the practice of law.

8. Client Relationships: Lawyers must be cautious when using AI for client intake or communication to avoid inadvertently creating a lawyer-client relationship or providing legal advice through AI interactions.

… a lawyer may ethically utilize generative AI technologies but only to the extent that the lawyer can reasonably guarantee compliance with the lawyer’s ethical obligation

9. Informed Consent: In certain situations, particularly when using third-party AI services, lawyers may need to obtain informed consent from clients before disclosing confidential information to the AI.

This opinion underscores the importance of ethical considerations in the adoption and use of emerging technologies in legal practice. It encourages lawyers to embrace innovation while remaining vigilant about their professional responsibilities.  I think the opinion summarizes how lawyers can/should use AI wisely: 

In sum, a lawyer may ethically utilize generative AI technologies but only to the extent that the lawyer can reasonably guarantee compliance with the lawyer’s ethical obligations. These obligations include the duties of confidentiality, avoidance of frivolous claims and contentions, candor to the tribunal, truthfulness in statements to others, avoidance of clearly excessive fees and costs, and compliance with restrictions on advertising for legal services. Lawyers should be cognizant that generative AI is still in its infancy and that these ethical concerns should not be treated as an exhaustive list. Rather, lawyers should continue to develop competency in their use of new technologies and the risks and benefits inherent in those technologies.

MTC

Happy Lawyering!

My Two Cents: Presentation In Your Word Documents is Everything!

THe strength of your argument can easily be overshadowed by how it is presented on the document itself.

A Georgia attorney has been disbarred for submitting "a fabricated e-mail" to the bar as part of his defense of a bar complaint.  A complaint had been made against this attorney for lack of proper representation. The details of the complaint and the history of the representation are not important for this editorial.  What is important to this editorial is that the Respondent ... 

"...sent several email exchanges purporting to be between her and [Complainant]. However, the March 9 email terminating Respondent’s representation supposedly sent from [Complainant] was in a different format and font than the others, and, unlike in the other emails, [Complainant] appeared to use perfect diction, capitalization, and punctuation. [Complainant] denied having sent this email, and the State Bar determined that the email was likely falsified by [Respondent]."

First, please forgive me as I set a little background about myself as it relates to this posting. I used to collect comic books as a teen.  I had to buy the perfect comic - no rips, bends, creases, watermarks, etc.  With an eagle eye, I'd make sure I got the perfect comic.  Now, bookend the other side of my skill for detail with my high-school ability to play with font types, sizes, margins, etc., to stretch out a class paper to a requisite number of pages for an assignment - mind you, I don't do that today.  This culminated into a skill where I can look at a document, say generated by a law clerk or opposing counsel, and can tell if the formatting is not right - spacing between pages is not consistent, two spaces between two words or sentences instead of one, font size is off, and so on.

be a super hero to your client with truth, justice and proper document formaTting!

With this background, I can usually tell when something is off on a document. Either in hard copy or on the screen, if the formatting is not correct, I can catch it. But what this attorney did, generating documents so obviously inconsistent in typical formatting (and grammar), aside from the common sense (and bar ethics) of not creating fake evidence, shows a fundamental lack of computer skills - formatting, styles, etc. If it’s not apparent to you that your spacing, paragraph returns, or tabs are off, turn on your non-printing formatting  marks to see how your document is constructed. (Check out this Wednesday's How to learn how to reveal now non-printing characters, the function that shows in your document your spaces, paragraph returns and tabs.)

IMHO, if your document does not look right, regardless of how strong your discussion is, the reader is likely to doubt the veracity of the argument.

Happy Lawyering!

MTC

Maintaining Legal Operations During Internet Outages: Tips For Lawyers

The downing of at&T’s INTERNET service caused some concern across the us…

AT&T’s outage last week should serve as a warning to lawyers about their own internet reliability (I don’t know how a $5 refund will alleviate AT&T customers from the self-panic ensued by the outage?🧐).  In the digital age, the legal profession, like many others, has grown increasingly reliant on the Internet for its operations. The internet is an indispensable tool in a lawyer's arsenal, from conducting research and accessing legal databases to communicating with clients and filing documents electronically. However, this dependency also means that internet outages can significantly disrupt legal operations, posing challenges that law firms must navigate to maintain continuity and uphold their duties to their clients.

Lawyers can take several proactive measures to ensure minimal disruption in their work due to internet outages. Here are five strategies to consider:

1. Backup Key Resources Offline: Lawyers should ensure they have offline access to critical resources, such as legal databases, case law, statutes, and client files. This can involve preemptively downloading essential documents and using software that allows offline access to these materials.

2. Establish a Redundant Internet Connection: Having a backup Internet connection can be crucial for maintaining productivity during an outage. Since AT&T went down last week, having a different provider (perhaps on a cheaper plan) could be a good investment. This could be in the form of a secondary wired connection, a mobile hotspot, or a tethering option through a smartphone. Investing in a reliable data plan for mobile devices can provide an immediate alternative if the primary connection fails.  (For example, I have Verizon FIOS for the office Wi-Fi, AT&T for phone and internet on my personal cell, and Verizon mobile for my blog phone and internet.  BACKUP, BACKUP, BACKUP, or REDUNDANCY, REDUNDANCY, REDUNDANCY!

3. Regular Data Backup: Regularly backing up data to external drives or cloud storage that can be accessed offline ensures that work can continue seamlessly, even without an internet connection. Automated backup solutions can be set up to run during off-hours to ensure that all recent work is securely stored.  Remember, my So, if one of your backups is in the cloud, then your other backup should be in a physical location like a hard drive at your office or offsite.

4. Develop and Test an Emergency Plan: It does not help if your emergency strategy doesn’t work! Creating an emergency plan that outlines steps to take during an internet outage can help minimize downtime. This plan should include contact information for IT support, steps for switching to a backup internet source, and a list of critical tasks that can be performed offline. Regularly testing this plan ensures everyone knows what to do when the internet goes down.

5. Invest in Training and Preparedness: Ensuring that all staff members are trained on how to access and use offline resources and understand the emergency plan is crucial. This can include training on manual procedures for tasks typically performed online, such as filing documents or conducting research.

lawyers can be proactive in the event of their internet going down!

By taking these proactive steps, lawyers can minimize the impact of internet outages on their practice, ensuring that they can continue to work effectively and meet their clients' needs, even in the absence of an online connection. Internet outage is a major concern I have with Law Practice Management providers based solely on the internet – if you lose access, there is going to be a major problem – and I don’t know how “understanding” a judge is going to be if you miss a filing deadline because the internet went down.  But in the meantime, what can lawyers do if there is downtime due to the internet being offline?

When the internet goes down, a lawyer, like any other professional reliant on online resources, can still stay productive by reverting to more traditional methods of working and organizing. Here are the top five things a lawyer should consider doing when you are completely stuck offline, and you have done everything necessary to protect your client’s interests:

Lawyers can still be productive during an internet outage!

1. Review Physical Files and Documents: Without internet access, it's an excellent opportunity to organize and review physical case files, documents, and any printed material that might have been set aside. This can also be an excellent time to catch up on reading case law, statutes, or regulations relevant to current cases that haven't been prioritized.

2. Plan and Strategize: Use this time to strategize for current cases or projects without the distractions of emails and online notifications. This can involve outlining arguments, planning case strategies, or brainstorming solutions to legal problems. It's also an excellent time to set goals and priorities for the coming weeks or months.

3. Networking and Client Relations: Reach out to clients, colleagues, and other professionals through phone calls. This can be an excellent opportunity to check in on clients, discuss cases, and build stronger relationships. Networking can also involve setting up future meetings or lunches.

4. Continuing Legal Education (CLE) and Professional Development: Lawyers often have CLE requirements to maintain their licenses. When the internet is down, it's an excellent time to catch up on CLE materials available in physical formats, such as books, journals, or even pre-downloaded audio or video courses.

5. Administrative Tasks and Office Organization: Use the downtime to catch up on administrative tasks that might have been neglected. This can include organizing the office space, filing, billing & invoicing, or even planning for future marketing efforts.

Did AT&T’s internet outage impact your firm’s OPERATIONS? Please share your stories!!!

While the internet is a crucial tool for modern legal practice, being disconnected can provide a valuable opportunity to focus on tasks that might otherwise be overlooked or deferred. It's also a reminder of the importance of having backup plans and being adaptable in the face of unexpected disruptions.

Happy Lawyering!

MTC

My Two Cents: If you are not using Technology in your law practice and are not going to the ABA TECHSHOW, you will likely be replaced by those who at least go to the TECHSHOW!

THe Tech-savvy lawyer at the 2024 aba techshow in chicago!

I just got back from Chicago after attending last week's ABA TECHSHOW! And I had a blast. It was not just because it had technology (and I'm a geek) or just because I am a lawyer (which is my day job). It was because the TECHSHOW provided a great marriage of the two to show and teach lawyers how technology can improve their practice of law.

The conference started off with an intro session titled "Your Future Starts Here: Technology and the Era of Legal Practice." Speakers Cynthia Thomas, Jayne Reardon, Dan Pinngton, and Reid Trautz gave a great session discussing the changing nature of legal work and the world in which we practice. The conference had a great mix of how lawyers use technology, like Brett Burney and Tara Cheever's two-part session on Winning Trials with TrialPad or Dan Dan Siegel and Pamela Myers session on Using PDFs and Adobe Acrobat in Your Law Office or Alicia Aquino and Heidi Barcus' session on electronically organizing your trial documents from beginning to voir dire or Barron Henley of Affinity Consulting Group session on Word Power Tips for Legal Users – if you are not mastering the power of Word then you are wasting a lot of time!  And there were many more engaging and informative sessions!

Judge (ret.) Herbert Dixon, Jr. and Judge Scott Schlegel share their insights and experiences on technology in the courtroom!

There were many sessions on the practical and ethical concerns about the use of AI. There were plenty of sessions on improving a firm's online marketing, introducing numerous Law Practice Management companies, and getting your firm's mentality to embrace technology in their legal work. Lastly, one of my favorite sessions was with Judge (ret.) Herbert Dixon, Jr. and Judge Scott Schlegel on Embracing the Digital Courtroom: Exploring Current and Future Trends. They gave a great history of the courthouse's use of technology in trial and its future! Meanwhile, many legal technology companies were on display on the vendor's floor – everything from LPMs like CLIO, Filevine, Practice Panther, and more, virtual assistants, marketing, Fujitsu/RICOH with their solo- to small-firm cornerstone hardware, the ScanSnap, and many more! 

Catching up with previous podcast guest annette choti of law quill!

The finishing highlight was the infamous 60 in 60, where some of the ABA's brightest highlight 60 tech programs, hardware, and work-tricks in 60 minutes!

The next TECHSHOW will be held at a new hotel in Chicago from April 2 - 5, 2025!

I hope to see you there!