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!

BOLO: Locked Out Of Your Apple Account Last Weekend? You're Not Alone!

Be wary of unsolicted requests to “reset” your password!

Over the past weekend or perhaps on Monday morning, Lawyers who use Apple products may have found themselves locked out of their Apple account. Don't worry, you are not alone.

The internet noted a surge in Apple users being asked to reset their passwords. I was one of them.  Instinctively, I was concerned that the request was sort of spam - I hadn't changed my password or done anything I thought may have triggered a rest.  This situation is frustrating as you have to go back into the recesses of your mind and ask yourself, "did I make a mistake?" or "am I being hacked?" Then you have to go through a litany of resets not just on your devices but sometimes in some of your application accounts that rely on that password.  But why is this happening? 😡

The phenomenon of getting locked out of an Apple account can be as perplexing as it is frustrating for users. This issue, surprisingly common, stems from a variety of reasons rooted in Apple's commitment to safeguarding user privacy and security. Understanding these reasons can provide insights into the complexities of digital security and the measures companies like Apple take to protect user data.

One primary reason users find themselves locked out is due to incorrect password entries. Apple's security protocols are stringent; entering a wrong password multiple times triggers a lockout mechanism designed to protect against unauthorized access attempts. This feature reflects the delicate balance between user convenience and the necessity of securing personal information against potential cyber threats.

Nothing indces panic more than when you are locked out of your account due to a “password reset” issue!!! 😬

Another significant factor contributing to account lockouts is suspicious activity detection. Apple monitors accounts for unusual behavior that could indicate a security breach, such as logging in from an unfamiliar location or device, making unauthorized purchases, or attempting to change sensitive account information without proper authentication. When such activities are detected, Apple may lock the account as a precautionary measure until the rightful owner can verify their identity.

The activation lock feature on iOS devices also plays a crucial role in this context. Designed to deter theft and unauthorized use, this feature requires users to enter their Apple ID and password after resetting an iOS device or attempting to deactivate Find My iPhone. Users who forget their credentials or acquire a second-hand device without having the previous owner remove theirs can find themselves unable to access their device entirely.

Furthermore, outdated or compromised account details contribute significantly to this issue. Users who neglect to update their email addresses or security questions might struggle with recovery options when trying to regain access to their accounts. Similarly, if an Apple ID becomes compromised due to phishing scams or data breaches on other platforms where similar login credentials were used, users might be locked out as part of Apple's response to suspicious account activity.

Lastly, compliance with legal requests can result in account deactivation or restriction. In rare cases where an account is suspected of engaging in illegal activities or violating terms of service, Apple may restrict access pending investigation.

These scenarios underscore the intricate challenges tech companies face in securing user accounts while maintaining ease of use. They highlight not just potential vulnerabilities within digital identities but also reflect broader concerns around privacy, data security, and consumer protection in our increasingly interconnected world.

Despite all of these potential reasons for being locked out, Apple tends to be a bit secretive if the issue is not created by the user.  This can be additionally frustrating as a user would like to know what is going on.  And I'd like to know that my information is secure (with Apple's known history of privacy and security, it generally is, but nevertheless, I'd like to be sure). It's equally frustrating as at the time of this posting, I am not aware that Apple has released a statement as to what happened.

So, what do you do to regain access to your account. 🧐

Don’t panic when you are asked to reset your password! Think it through and you should be alright! 🤗

Initially, the most straightforward action is to reset your password. Apple provides a streamlined process for this through its official website or directly from your device's settings. Other software service providers have similar protocols - it's always best to go straight to the provider's site or hardware device settings.  Clicking on random links or responding to unsolicited message requests is never a good idea.  But, once you go through a company's official process, the system will typically ask for some form of identification. This could be answering security questions you set up previously or entering a code sent to a trusted device. This step is designed with user security in mind, ensuring that only the rightful owner can reset the password.

Remember, always be vigilant when you are asked to reset your passwords or need to reset them!

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!

Monday Morning Humor (PG-13): If You're Old Enough, You Get It!

Some of you may remember that before floppy disk drives 💾, cassette recorders were a means of data storage!

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. 🙄

Monday Morning Humor: "Jammin" Times -Remembering ⌛️ When Lawyers Used Printers 🖨️ a Little More Often!

Remember when you’d pop open the printer, pull out the ink cartrige, and pull the paper out of the jammed printer role!

🚨 BOLO Alert for Legal Professionals: Apple Confirms Spyware Attacks – Protect Your Sensitive Data with Some Security Tips!🛡️

Lawyers have to be ever vigilant of spyware and phishing when working online!

Believe it or not, some spyware warnings are legitimate! Recently, Apple has been sending some real threat warnings about sophisticated spyware attacks. Apple has reportedly sent alerts to users in 92 countries, warning them of mercenary spyware attacks targeting their devices. This warning is part of Apple's ongoing effort since 2021 to alert users likely targeted by state actors or high-profile entities due to their sensitive roles. While these warnings may resemble spam, they are credible and should be taken seriously.

Here are Some Tips to Enhance Your Mac and Windows Device Security Upon Receiving Warnings! 

• Verifying and Responding to Alerts: Verify these alerts by logging into your Windows or Apple ID account (directly through a browser. This is a step that lawyers can easily implement to ensure the authenticity of any warning they receive. Importantly, real alerts from Apple will not ask users to click on links or download files, which are common tactics in phishing scams.

• Email Verification: If you receive an email that appears to be from a known contact or a reputable company, but you suspect it might be a phishing attempt, it's wise to verify the sender's email address. To do this, inspect the sender's address without opening any links or attachments. Usually, the email client allows you to see the sender's email address by hovering over or clicking on the sender's name. If the email address looks suspicious or unrelated to the person or company it's supposedly from, it's likely a phishing email and should be treated with caution.

“... if you receive an email from “Bob Smith” but the email address is something unrecognizable or irrelevant, like “Imgoing2hacku@gmail.com” or “Adrien1235@yahoo.com,” then it’s a strong indicator the email is not legitimate ...”

For instance, if you receive an email from "Bob Smith" but the email address is something unrecognizable or irrelevant, like "Imgoing2hacku@gmail.com" or "Adrien1235@yahoo.com," then it's a strong indicator the email is not legitimate. Always verify such emails by contacting the supposed sender through other means before responding or taking any action prompted by the suspicious email.

• Ongoing Vigilance and Security Practices: Regular updates and backups, the use of secure networks, and continuous education about cybersecurity are crucial. Lawyers should particularly note the advice to use encrypted connections and avoid public Wi-Fi, which aligns with best practices for maintaining client confidentiality and data integrity.

Lawyers have to be ever vigilant of spyware and phishing when working online!

It is clear that while technology can enhance our productivity and provide significant benefits, the real threats outlined necessitate stringent security measures. For Apple users, Apple's spyware alerts are not generic warnings but are targeted to individuals at high risk, including those in sensitive positions like lawyers. But for both Windows and Apple device users, these alerts underscore the importance of taking any security alerts seriously, as lawyers may be prime targets for such attacks. Lawyers must be proactive in managing their device security, not only to protect their professional data but also to safeguard their personal information against sophisticated spyware threats highlighted by Apple.

#CyberSecurityForLawyers #AppleSpywareAlert #ProtectYourData #LegalTechSafety #PhishingScamAwareness

Source re Apple Warnings: Lifehacker, This Spyware Warning From Apple Is Actually Real Apple sent alerts to users in 92 countries. If you received one, don't ignore it (April 11, 2024). Last viewed on April 12, 2024.

Word of the Week: What is "Technostress"?

Earlier this week, I posted an editorial regarding California legislation attempting to combat “Technostress.” So, the question begs, what is “Technostress?”

Technostress is a modern condition stemming from the use and constant engagement with information and communication technologies. It arises when individuals feel overwhelmed by the rapid pace of technological change, the incessant flow of information, and the pressure to remain connected and responsive at all times. This stress manifests as a result of the inability to cope with new technologies effectively or the demands placed by these technologies on one's time and attention.

The term encapsulates various negative psychological responses, including anxiety, frustration, and a sense of being overwhelmed, directly linked to the use of technology. It's not just about the volume of emails, messages, or notifications one receives, but also about the expectation to learn, adapt to, and integrate new digital tools and platforms into one's daily life and work routines continuously.

Technostress can lead to several adverse effects on an individual's mental and physical health. Mentally, it can contribute to feelings of burnout, decreased job satisfaction, and a decline in overall well-being. Physically, the symptoms might include headaches, fatigue, and sleep disturbances, often resulting from prolonged screen time and the sedentary nature of many technology-centric tasks.

In the workplace, technostress can impact productivity and job performance. Employees dealing with technostress may find it challenging to concentrate, make more errors, and be less creative in their problem-solving. The constant distraction and interruption from various technologies can disrupt deep work and critical thinking, essential components of many professional tasks.

Moreover, technostress extends beyond the individual, affecting interpersonal relationships and social interactions. The compulsion to check emails, social media, and messages can intrude on personal time and relationships, leading to a diminished quality of social engagements and a sense of disconnection from others, despite the hyper-connectedness that technology purports to offer.

If you are suffering from a mental health crisis, call 988.

Addressing technostress requires a multifaceted approach. Individuals can adopt strategies such as digital detoxes, setting clear boundaries for technology use, and prioritizing time away from screens to engage in physical activity or face-to-face social interactions. Mindfulness and stress management techniques can also help individuals cope with the pressures of technology use.

Organizations play a crucial role in mitigating technostress among employees. They can implement policies that encourage work-life balance, provide training to enhance digital literacy, and design work environments that allow for uninterrupted deep work. Recognizing the signs of technostress and promoting a culture that values downtime and disconnection can help prevent the adverse effects of this increasingly prevalent condition.

In summary, technostress is a condition induced by the demands of living in a digitally saturated environment, characterized by the stress and anxiety associated with constant connectivity and the rapid pace of technological change. It affects mental and physical health, productivity, and social interactions, necessitating individual and organizational strategies to manage and mitigate its impact.

Monday Morning humor: Star Trek Predicting the Future!

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