📽️ BONUS Labs 🧪 Initiative: Tech-Savvy Lawyer on Law Practice Today Podcast — Essential Trust Account Tips for Solo & Small Law Firms w/ Terrell Turner (Copy)

/ The Tech-Savvy Lawyer.Page/

For those who prefer video over plain audio, enjoy this take on my guest appearance on Law Practice Today Podcast!

🙏 Special Thanks to Terrell Turner and the ABA for having me on the Law Practice Today Podcast, produced by the Law Practice Division of the American Bar Association. We have an important discussion on trust account management. We cover essential insights on managing trust accounts using online services. This episode has been edited for time, but no information was altered. We are grateful to the ABA and the Law Practice Today Podcast for allowing us to share this valuable conversation with our audience.

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

  1. What precautions should lawyers using online services to manage trust accounts be aware of?

  2. How can solo and small firm attorneys find competent bookkeepers who understand legal trust accounting?

  3. What security measures should attorneys implement when using online payment processors for client funds?

⏱️ In our conversation, we cover the following:

00:00 – Introduction & Preview: Trust Accounts in the Digital Age

01:00 – Welcome to the Law Practice Today Podcast

01:30 – Today's Topic: Online Services for Payments

02:00 – Guest Introduction: Michael D.J. Eisenberg's Background

03:00 – Michael's Experience with Trust Accounts

04:00 – Challenges for Solo and Small Practitioners

05:00 – Ensuring Security in Online Services

06:00 – Questions to Ask Online Payment Providers

07:00 – Password Security & Two-Factor Authentication

08:00 – Finding a Competent Legal Bookkeeper

09:00 – Why 8AM Law Pay Works for Attorneys

10:00 – Daily Monitoring of Trust Accounts

11:00 – FDIC Insurance & Silicon Valley Bank Lessons

13:00 – Researching Trust Account Best Practices

15:00 – Closing Remarks & Podcast Information

📚 Resources

🔗 Connect with Terrell

💼 LinkedIn: https://www.linkedin.com/in/terrellturner/

🌐 Website: https://www.tlturnergroup.com/

🎙️ Law Practice Today Podcast – https://lawpracticetoday.buzzsprout.com

📰 Mentioned in the Episode

💻 Software & Cloud Services Mentioned in the Conversation

  • 8AM Law Pay – Legal payment processing designed for trust account compliance – https://www.8am.com/lawpay/

  • 1Password – Password manager for generating and syncing complex passwords – https://1password.com/

  • LastPass – Mentioned as a password manager with noted security concerns – https://www.lastpass.com/

ANNOUNCEMENT: The Lawyer’s Guide to Podcasting Is Here: A Practical, Ethical Launch Plan for Busy Lawyers 🎙️⚖️

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I’m excited to share! The wait is over! The Lawyer’s Guide to Podcasting is officially released. 🎉🎙️ This book is built for lawyers, paralegals, and legal professionals who want a clear, practical path to launching a podcast—without needing to be “techy” to get it right.

Podcasting has become one of the most effective ways to build trust at scale. People want more than ads. They want a real voice. They want context. They want clarity. A podcast lets you educate, connect, and show your professional judgment in a way a website cannot. It also gives prospective clients a low-pressure way to get to know you before they ever call. 📈🤝

This guide covers the full podcast lifecycle in plain language. You will learn how to pick a topic that fits your goals and schedule. You will learn the most useful show formats for legal audiences, including solo episodes, interviews, storytelling, and educational series. You will also learn what to buy (and what to skip) when building your gear setup. That includes microphones, headphones, webcams, lighting, and basic acoustic improvements that matter in real offices. 🎧🎥💡

QR Code for 📚 purchase on amazon

Software matters too. In this book, I explain beginner and pro options for recording and editing. It also covers remote recording tools and simple video workflows for YouTube and modern platforms. You will get a clear explanation of podcast hosting and distribution, including how RSS feeds deliver your episodes to directories like Apple Podcasts and Spotify. 📲🌍

A major focus of this book is professional responsibility. Lawyers must avoid accidental legal advice. Lawyers must avoid creating unintended attorney-client relationships. Lawyers must also watch multi-jurisdictional issues and advertising rules. This guide addresses those risks directly and gives practical guardrails you can use in real episodes. 🛡️📜

You will also learn how to use AI efficiently and ethically. AI can save time on transcripts, show notes, clips, and repurposed content. It can also create risk if you feed it sensitive data or publish unverified output. The book offers a workflow-first approach that protects confidentiality and supports accuracy. ✅🤖

The Lawyer’s Guide to Podcasting is part of the Lawyers Tech Guide (LTG) series from Michael D.J. Eisenberg, creator of The Tech-Savvy Lawyer.Page. The mission is simple: use technology to communicate clearly, serve people better, and reclaim time. ⏳✨

Ready to launch?
You are just one click away!

🔗 Purchase here on Amazon 🔗

MTC: Everyday Tech, Extraordinary Evidence: How Lawyers Can Turn Smartphones, Dash Cams, and Wearables Into Case‑Winning Proof After the Minnesota ICE Shooting 📱⚖️

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Smartphone evidence: Phone as Proof!

The recent fatal shooting of ICU nurse Alex Pretti by a federal immigration officer in Minneapolis has become a defining example of how everyday technology can reshape a high‑stakes legal narrative. 📹 Federal officials claimed Pretti “brandished” a weapon, yet layered cellphone videos from bystanders, later analyzed by major news outlets, appear to show an officer disarming him moments before multiple shots were fired while he was already on the ground. In a world where such encounters are documented from multiple angles, lawyers who ignore ubiquitous tech risk missing powerful, and sometimes exonerating, evidence.

Smartphones: The New Star Witness

In the Minneapolis shooting, multiple smartphone videos captured the encounter from different perspectives, and a visual analysis highlighted discrepancies between official statements and what appears on camera. One video reportedly shows an officer reaching into Pretti’s waistband, emerging with a handgun, and then, barely a second later, shots erupt as he lies prone on the sidewalk, still being fired upon. For litigators, this is not just news; it is a case study in how to treat smartphones as critical evidentiary tools, not afterthoughts.

Practical ways to leverage smartphone evidence include:

  • Identifying and preserving bystander footage early through public calls, client outreach, and subpoenas to platforms when appropriate.

  • Synchronizing multiple clips to create a unified timeline, revealing who did what, when, and from where.

  • Using frame‑by‑frame analysis to test or challenge claims about “brandishing,” “aggressive resistance,” or imminent threat, as occurred in the Pretti shooting controversy.

In civil rights, criminal defense, and personal‑injury practice, this kind of video can undercut self‑defense narratives, corroborate witness accounts, or demonstrate excessive force, all using tech your clients already carry every day. 📲

GPS Data and Location Trails: Quiet but Powerful Proof

The same smartphones that record video also log location data, which can quietly become as important as any eyewitness. Modern phones can provide time‑stamped GPS histories that help confirm where a client was, how long they stayed, and in some instances approximate movement speed—details that matter in shootings, traffic collisions, and kidnapping cases. Lawyers increasingly use this location data to:

Dash cam / cameras: Dashcam Truth!

  • Corroborate or challenge alibis by matching GPS trails with claimed timelines.

  • Reconstruct movement patterns in protest‑related incidents, showing whether someone approached officers or was simply present, as contested in the Minneapolis shooting narrative.

  • Support or refute claims that a vehicle was fleeing, chasing, or unlawfully following another party.

In complex matters with multiple parties, cross‑referencing GPS from several phones, plus vehicle telematics, can create a robust, data‑driven reconstruction that a fact‑finder can understand without a computer science degree.

Dash Cams and 360‑Degree Vehicle Video: Replaying the Scene

Cars now function as rolling surveillance systems. Many new vehicles ship with factory cameras, and after‑market 360‑degree dash‑cam systems are increasingly common, capturing impacts, near‑misses, and police encounters in real time. In a Minneapolis‑style protest environment, vehicle‑mounted cameras can document:

  • How a crowd formed, whether officers announced commands, and whether a driver accelerated or braked before an alleged assault.

  • The precise position of pedestrians or officers relative to a car at the time of a contested shooting.

  • Sound cues (shouts of “he’s got a gun!” or “where’s the gun?”) that provide crucial context to the video, like those reportedly heard in footage of the Pretti shooting.

For injury and civil rights litigators, requesting dash‑cam footage from all involved vehicles—clients, third parties, and law‑enforcement—should now be standard practice. 🚗 A single 360‑degree recording might capture the angle that police‑worn cameras miss or omit.

Wearables and Smartwatches: Biometrics as Evidence

GPS & wearables: Data Tells All!

Smartwatches and fitness trackers add a new dimension: heart‑rate, step counts, sleep data, and sometimes even blood‑oxygen metrics. In use‑of‑force incidents or violent encounters, this information can be unusually persuasive. Imagine:

  • A heart‑rate spike precisely at the time of an assault, followed by a sustained elevation that reinforces trauma testimony.

  • Step‑count and GPS data confirming that a client was running away, standing still, or immobilized as claimed.

  • Sleep‑pattern disruptions and activity changes supporting damages in emotional‑distress claims.

These devices effectively turn the body into a sensor network. When combined with phone video and location data, they help lawyers build narratives supported by objective, machine‑created logs rather than only human recollection. ⌚

Creative Strategies for Integrating Everyday Tech

To move from concept to courtroom, lawyers should adopt a deliberate strategy for everyday tech evidence:

  • Build intake questions that explicitly ask about phones, car cameras, smartwatches, home doorbell cameras, and even cloud backups.

  • Move quickly for preservation orders, as Minnesota officials did when a judge issued a temporary restraining order to prevent alteration or removal of shooting‑related evidence in the Pretti case.

  • Partner with reputable digital‑forensics professionals who can extract, authenticate, and, when needed, recover deleted or damaged files.

  • Prepare demonstrative exhibits that overlay video, GPS points, and timelines in a simple visual, so judges and juries understand the story without technical jargon.

The Pretti shooting also underscores the need to anticipate competing narratives: federal officials asserted he posed a threat, while video and witness accounts cast doubt on that framing, fueling protests and calls for accountability. Lawyers on all sides must learn to dissect everyday tech evidence critically—scrutinizing what it shows, what it omits, and how it fits with other proof.

Ethical and Practical Guardrails

Ethics-focused image: Ethics First!

With this power comes real ethical responsibility. Lawyers must align their use of everyday tech with core duties under the ABA Model Rules of Professional Conduct.

  • Competence (ABA Model Rule 1.1)
    Rule 1.1 requires “competent representation,” and Comment 8 now expressly includes a duty to keep abreast of the benefits and risks of relevant technology. When you rely on smartphone video, GPS logs, or wearable data, you must either develop sufficient understanding yourself or associate with or consult someone who does.

  • Confidentiality and Data Security (ABA Model Rule 1.6)
    Rule 1.6 obligates lawyers to make reasonable efforts to prevent unauthorized access to or disclosure of client information. This extends to sensitive video, location trails, and biometric data stored on phones, cloud accounts, or third‑party platforms. Lawyers should use secure storage, limit access, and, where appropriate, obtain informed consent about how such data will be used and shared.

  • Preservation and Integrity of Evidence (ABA Model Rules 3.4, 4.1, and related e‑discovery ethics)
    ABA ethics guidance and case law emphasize that lawyers must not unlawfully alter, destroy, or conceal evidence. That means clients should be instructed not to edit, trim, or “clean up” recordings, and that any forensic work should follow accepted chain‑of‑custody protocols.

  • Candor and Avoiding Cherry‑Picking (ABA Model Rule 3.3, 4.1)
    Rule 3.3 requires candor toward the tribunal, and Rule 4.1 prohibits knowingly making false statements of fact. Lawyers should present digital evidence in context, avoiding selective clips that distort timing, perspective, or sound. A holistic, transparent approach builds credibility and protects both the client and the profession.

  • Respect for Privacy and Non‑Clients (ABA Model Rule 4.4 and related guidance)
    Rule 4.4 governs respect for the rights of third parties, including their privacy interests. When you obtain bystander footage or data from non‑clients, you should consider minimizing unnecessary exposure of their identities and, where feasible, seek consent or redact sensitive information.

FINAL THOUGHTS

Handled with these rules in mind, everyday tech can reduce factual ambiguity and support more just outcomes. Misused, it can undermine trust, compromise admissibility, and trigger disciplinary scrutiny. ⚖️

Word of the Week: What is a “Token” in AI parlance?

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Lawyers need to know what “tokens” are in ai jargon!

In artificial intelligence, a “token” is a small segment of text—such as a word, subword, or even punctuation—that AI tools like ChatGPT or other large language models (LLMs) use to understand and generate language. In simple terms, tokens are the “building blocks” of communication for AI. When you type a sentence, the system breaks it into tokens so it can analyze meaning, predict context, and produce a relevant response.

For example, the sentence “The court issued its opinion.” might be split into six tokens: “The,” “court,” “issued,” “its,” “opinion,” and “.” By interpreting how those tokens relate, the AI produces natural and coherent language that feels human-like.

This concept matters to law firms and practitioners because AI systems often measure capacity and billing by token count, not by word count. AI-powered tools used for document review, legal research, and e-discovery commonly calculate both usage and cost based on the number of tokens processed. Naturally, longer or more complex documents consume more tokens and therefore cost more to analyze. As a result, a lawyer’s AI platform may also be limited in how much discovery material it can process at once, depending on the platform’s token capacity.

lawyers have an ethical duty to know how tokens apply when using ai in their legal work!~

But there’s a second, more important dimension to tokens: ethics and professional responsibility. The ABA Model Rules of Professional Conduct—particularly Rules 1.1 (Competence), 1.6 (Confidentiality of Information), and 5.3 (Responsibilities Regarding Nonlawyer Assistance)—apply directly when lawyers use AI tools that process client data.

  • Rule 1.1 requires technological competence. Attorneys must understand how their chosen AI tools function, at least enough to evaluate token-based costs, data use, and limitations.

  • Rule 1.6 restricts how client confidential information may be shared or stored. Submitting text to an AI system means tokens representing that text may travel through third-party servers or APIs. Lawyers must confirm the AI tool’s data handling complies with client confidentiality obligations.

  • Rule 5.3 extends similar oversight duties when relying on vendors that provide AI-based services. Understanding what happens to client data at the token level helps attorneys fulfill those responsibilities.

a “token” is a small segment of text.

In short, tokens are not just technical units. They represent the very language of client matters, billing data, and confidential work. Understanding tokens helps lawyers ensure efficient billing, maintain confidentiality, and stay compliant with professional ethics rules while embracing modern legal technology.

Tokens may be tiny units of text—but for lawyers, they’re big steps toward ethical, informed, and confident use of AI in practice. ⚖️💡

🎙️ Ep. 129, Why Lawyers Should Podcast in the Age of AI: Live Roundtable from Podfest 2026 🎙️⚖️

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In this special episode, recorded live from Podfest 2026 in Orlando, FL at the Renaissance Marriott Hotel near SeaWorld, I was able to gather several attendees who are in the legal world—lawyers and legal industry marketers—to talk about why lawyers should podcast and more! 🎙️ Our roundtable features Dennis “DM” Meador (Legal Podcast Network), Louis Goodman (Love Thy Lawyer), Robert Ingalls (Lawpods), Wendi Weiner (The Writing Guru), and Elizabeth Gearhart (Passage to Profit / Gearhart Law), each bringing deep experience in podcasting, legal marketing, and personal branding for lawyers.

We discuss practical, no-fluff insights about how lawyers can use podcasting to build authority, strengthen SEO, show up in large language models (LLMs) like ChatGPT, and connect more authentically with clients and referral sources. Whether you are tech-curious, tech-comfortable, or completely new to podcasting, this episode will help you decide if starting a podcast makes strategic sense for your practice or business.

QUESTIONS WE DISCUSS 🎯

Join Dennis, Louis, Robert, Wendi, Elizabeth, and me as we discuss the following three questions and more!

  1. Why should lawyers be podcasting in 2026 and beyond, especially with Gen Z and Gen Alpha getting so much of their trusted information from podcasts and social platforms?

  2. What is one of the first concrete steps a lawyer should take if they are seriously considering launching a podcast of their own?

  3. What is one of the biggest mistakes lawyers should watch out for when launching a podcast, and how can they avoid becoming a “zombie podcast” that dies after a few episodes? 🧟‍♂️

Additional themes we explore include:

  • How podcasting acts as an “electronic resume” and trust-building tool for lawyers.

  • How podcasts can drive SEO, get you discovered in LLMs like ChatGPT, Google Gemini, Perplexity, and Claude, and generate traffic to your law firm website.

  • Why your podcast does not always need to be “about the law” to be effective for your legal brand.

  • How to balance authenticity (including salty language) with your professional brand and ethics rules.

TIME-STAMPED EPISODE GUIDE ⏱️

In our conversation, we cover the following:

  • 00:00 – Welcome & guest introductions
    Live from Podfest 2026: intros from Dennis “DM” Meador (Legal Podcast Network), Louis Goodman (Love Thy Lawyer), Robert Ingalls (Lawpods), Wendi Weiner (The Writing Guru), and Elizabeth Gearhart (Passage to Profit / Gearhart Law).

  • 02:00 – Why should lawyers be podcasting?

    • Gen Z and Gen Alpha treat podcasts as a top trusted media source. 📲

    • Podcasting vs TikTok for lawyers who don’t want to dance but still want reach.

    • Podcast as “electronic resume” and branding vehicle for lawyers and judges.

  • 04:30 – Is podcasting right for every lawyer?

    • Robert on why not every lawyer should podcast, and why goals matter.

    • How a podcast helps potential clients decide if you are “their” lawyer—or not.

  • 06:30 – Personality, language, and fit

    • The Tampa PI lawyer who refuses to bleep swear words to attract the right clients and repel the wrong ones. 🤬

    • Why authenticity can be a powerful qualification tool, not a liability.

  • 08:00 – Podcasting as a marketing engine

    • Turning a 30–60 minute recording into video clips, written content, and evergreen assets.

    • How podcast content keeps working for you long after the recording session.

  • 09:30 – Personal branding and storytelling for lawyers

    • Wendi on using podcasts to develop a personal brand, tell your story, and highlight your “superpower” as a lawyer.

    • Why sharing your career pivots and non-traditional path resonates deeply with listeners.

  • 12:00 – Getting discovered in ChatGPT and other LLMs

    • Elizabeth on using a podcast and transcripts to improve visibility in ChatGPT, Google Gemini, Perplexity, and Claude. 🤖

    • How regular podcasting and transcript optimization sustained and improved hits from LLMs to Gearhart Law’s website.

  • 15:30 – Future-proofing and “language-based internet”

    • DM explains why we’re moving from a page-based to a language-based internet and why early podcast adopters will win—similar to early website and SEO adopters.

    • Podcasting as both “future-proofing” and “present-proofing” your practice.

  • 18:00 – Hobby vs business podcast

    • Louis on starting his podcast as a social hobby and discovering the SEO and networking upside.

    • How a niche local legal podcast can drive referrals and reputation even without direct monetization.

  • 21:00 – How personal is too personal?

    • Robert’s own experience evolving his podcast from estate planning to broader personal topics.

    • Balancing sharing about yourself with focusing on the listener’s problem (StoryBrand “guide vs hero” concept).

  • 25:00 – Beyond law: topic flexibility

    • Why your legal podcast can focus on tech, politics, entrepreneurship, or hobbies while still supporting your legal brand.

    • Examples of lawyers podcasting about politics and broader societal issues to grow recognition.

  • 28:30 – Helping lawyers find their story

    • Wendi’s process: asking about upbringing, first-generation experiences, career pivots, athletic feats, and long-term goals to unlock unique stories.

    • How those stories fuel compelling podcast episodes and stronger interviews.

  • 34:00 – Thinking beyond your current role

    • Using podcasting and personal branding to position yourself for boards, politics, and second careers outside traditional law practice.

  • 37:00 – AI hallucinations & validating LLM output

    • Elizabeth’s workflow for cross-checking answers across ChatGPT, Gemini, Perplexity, Claude, and Grok.

    • Why LLMs “love” natural, conversational podcast transcripts as training material.

  • 40:00 – Networking power of “you should be on my podcast”

    • How inviting people as guests changes the dynamic at networking events. 🤝

    • Using podcast guest outreach on LinkedIn and pod-match style platforms.

  • 43:00 – Content, authority, and algorithm signals

    • DM on why consistent, custom content will always outperform gimmicks in SEO and algorithm changes.

    • How podcasts support authority, trust, and long-term discoverability in search and LLMs.

  • 48:00 – Question #2: First steps for lawyers considering a podcast

    • Robert and DM: “Know your why” and who your ideal listener/client really is.

    • Are you using the show for lead nurturing, referral education, or brand visibility?

  • 52:00 – Political/legal shows and indirect monetization

    • Discussion of political/legal commentary podcasts that soft-sell the firm.

    • Why they can work—but why expectations and time horizon matter.

  • 56:00 – Brand consistency before you launch

    • Wendi on auditing your website, LinkedIn, business page, and social handles for consistent branding (e.g., “The Writing Guru”).

    • Using CTAs and data capture to turn podcast listeners into contacts.

  • 59:00 – Knowing your deeper “why”

    • Elizabeth’s “peel the onion” exercise: repeatedly asking why until you reach the core motivation, often helping people out of “impossible situations.”

  • 1:03:00 – Solo vs agency vs studio

    • Pros and cons of DIY gear and production vs working with podcast agencies or studios.

    • Why time value, ethics, and avoiding scams all matter for lawyers.

  • 1:08:00 – Ethics, multi-jurisdiction practice, and global reach

    • How legal ethics, multistate audiences, and global distribution impact what lawyers can say on their podcasts.

  • 1:12:00 – Question #3: Biggest mistakes lawyers make launching a podcast

    • Elizabeth: ethics, off-the-cuff comments, and aligning tone (including swearing) with your brand and practice area.

    • Wendi: perfectionism vs progress—accepting that early episodes will be imperfect but valuable.

    • Robert: no long-term plan and no content strategy, leading to inconsistency and podfade.

    • Louis: underestimating time; a solid 30 minutes of content may require several hours early on.

    • DM: expecting immediate impact and treating podcasting like a short-term campaign instead of a long-term asset.

  • 1:22:00 – Test-driving podcasting as a guest first

    • Why appearing as a guest on other shows (via Podmatch and similar platforms) is a smart “trial run” before launching your own.

  • 1:25:00 – Where to find today’s guests & closing

    • Each guest shares their preferred platforms, emails, and websites so you can connect and learn more.

RESOURCES 📚

Connect with our Guests

Louis Goodman ⚖️

Elizabeth Gearhart 📻

Robert Ingalls 🎧

Dennis “DM” Meador 💼

Wendi Weiner ✍️

Mentioned in the episode

Non‑Hardware/Software 🔍

Hardware mentioned 🧰

(Exact models are discussed generally rather than by SKU, but here are representative links to explore.)

Software & Cloud Services mentioned ☁️

MTC: Why Lawyers Should Podcast in 2026: Human Connection, Authority Building, and Tech-Smart Growth for Your Law Practice 🎙️⚖️

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For nearly six years, podcasting has been more than a business development tool to me; it has been a way to talk about topics that matter, in a format that feels natural, conversational, and—even for lawyers—fun. 🎧 Podcasting lets the public, and potential clients, get to know you as a person instead of just a name on a website or a face on a billboard, and that human connection is rapidly becoming the real differentiator in a crowded legal marketplace.

podcasting can be a key to a lawyer’s marketing strategy and maybe allow lawyers to have a little fun too!

At PODFEST EXPO 2026 in Orlando, I sat down with a remarkable panel of lawyers, former lawyers, and legal professionals for a “pop‑up” roundtable on why lawyers should podcast. My guests included Dennis “DM” Meador of The Legal Podcast Network, Louis Goodman of Love Thy Lawyer, previous podcast guest Robert Ingalls of LawPods, personal‑branding expert Wendi Weiner of The Writing Guru, and Elizabeth Gearhart of Passage to Profit. Together, we explored not just why lawyers should podcast, but how podcasting can support branding, authenticity, and even your visibility in search engines and large language models (LLMs).

Several themes emerged. First, podcasting is now a trusted medium for younger generations; DM noted that for Gen Z and Gen Alpha, podcasts and short-form video are top information sources, and if you “don’t want to dance on TikTok, get a podcast.” Second, a show can function as an “electronic résumé,” as Louis described, demonstrating your consistency, curiosity, and staying power far better than a static bio ever will. Third, a podcast is a powerful filter: by sharing your real voice—salty language and all, if that is true to you—your audience quickly learns whether you are “their” lawyer or not, which matters in multi‑year relationships such as injury or family law matters.

Podcasting is also a networking and authority engine. Elizabeth emphasized how Passage to Profit has grown from a radio show into a nationally syndicated podcast that not only builds trust with human listeners but also increases her firm’s presence in tools like ChatGPT, Gemini, and Perplexity. By repurposing podcast transcripts and show notes intelligently, she has observed measurable traffic from LLMs to the Gerhardt Law website—proof that conversational content can improve your visibility in the emerging “language-based internet.” Wendi highlighted that podcasting dovetails perfectly with personal branding: it is a scalable way to tell your story, show your “superpower,” and convey your unique value beyond the four corners of a résumé.

Lawyers can gain invaluable insights from podcasting conferences like Podfest, enhancing their firms’ marketing, online visibility, and overall digital presence.

Of course, podcasting is not only about business. For many of us, it began as a hobby or a creative outlet that happened to support SEO, referrals, and professional relationships along the way. The lawyers on the panel repeatedly stressed that you do not have to talk exclusively about black‑letter law: you can focus on entrepreneurship, technology, careers, politics, or any niche that authentically reflects who you are and the clients you want to serve.

That balance between enjoyment and strategy is exactly why The Lawyer’s Tech Guide: The Lawyer’s Guide to Podcasting exists. 📘 This new book, just released today, breaks down the who, what, why, where, and how of podcasting for lawyers—from equipment and workflow to ethics, marketing, and monetization—so you can launch a show that is both sustainable and aligned with your practice and values. You can grab your copy on Amazon and start turning your expertise and personality into a discoverable, binge‑worthy asset for your clients, colleagues, and community.

📢 Stay tuned! The roundtable episode from Podfest 2026 drops tomorrow. You will hear directly from DM, Louis, Robert, Wendi, and Elizabeth as they share the candid, practical advice that every tech‑curious lawyer thinking about podcasting needs to hear. 🎙️

🚨🎙️📘 Three Days Left: The Lawyer’s Guide to Podcasting releases NEXT WEEK! 🥳🥳🥳

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Inside title page of The Lawyer’s Guide to Podcasting, releasing January 19, 2026.

“The Lawyer’s Guide to Podcasting” will be released on Monday, January 19, 2026, through Amazon!!!

Designed for legal professionals, this book walks through every step of launching and sustaining an effective, ethically sound podcast that supports your practice and professional reputation.​

You will learn:

  • Show formats

  • Equipment needed

  • Show hosting platforms to use

  • Growing your audience

  • Maintaining Professional Ethics

  • Maybe earn some $Money$ too!

Want the release link the moment it’s live?
Email Admin@TheTechSavvyLawyer.Page with subject “Book Link.” I’ll send it on launch day. 🚀

Word of the Week: "Constitutional AI" for Lawyers - What It Is, Why It Matters for ABA Rules, and How Solo & Small Firms Should Use It!

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Constitutional AI’s ‘helpful, harmless, honest’ standard is a solid starting point for lawyers evaluating AI platforms.

The term “Constitutional AI” appeared this week in a Tech Savvy Lawyer post about the MTC/PornHub breach as a cybersecurity wake‑up call for lawyers 🚨. That article used it to highlight how AI systems (like those law firms now rely on) must be built and governed by clear, ethical rules — much like a constitution — to protect client data and uphold professional duties. This week’s Word of the Week unpacks what Constitutional AI really means and explains why it matters deeply for solo, small, and mid‑size law firms.

🔍 What is Constitutional AI?

Constitutional AI is a method for training large language models so they follow a written set of high‑level principles, called a “constitution” 📜. Those principles are designed to make the AI helpful, honest, and harmless in its responses.

As Claude AI from Anthropic explains:
“Constitutional AI refers to a set of techniques developed by researchers at Anthropic to align AI systems like myself with human values and make us helpful, harmless, and honest. The key ideas behind Constitutional AI are aligning an AI’s behavior with a ‘constitution’ defined by human principles, using techniques like self‑supervision and adversarial training, developing constrained optimization techniques, and designing training data and model architecture to encode beneficial behaviors.” — Claude AI, Anthropic (July 7th, 2023).

In practice, Constitutional AI uses the model itself to critique and revise its own outputs against that constitution. For example, the model might be told: “Do not generate illegal, dangerous, or unethical content,” “Be honest about what you don’t know,” and “Protect user privacy.” It then evaluates its own answers against those rules before giving a final response.

Think of it like a junior associate who’s been given a firm’s internal ethics manual and told: “Before you send that memo, check it against these rules.” Constitutional AI does that same kind of self‑checking, but at machine speed.

🤝 How Constitutional AI Relates to Lawyers

For lawyers, Constitutional AI is important because it directly shapes how AI tools behave when handling legal work 📚. Many legal AI tools are built on models that use Constitutional AI techniques, so understanding this concept helps lawyers:

  • Judge whether an AI assistant is likely to hallucinate, leak sensitive info, or give ethically problematic advice.

  • Choose tools whose underlying AI is designed to be more transparent, less biased, and more aligned with professional norms.

  • Better supervise AI use in the firm, which is a core ethical duty under the ABA Model Rules.

Solo and small firms, in particular, often rely on off‑the‑shelf AI tools (like chatbots or document assistants). Knowing that a tool is built on Constitutional AI principles can give more confidence that it’s designed to avoid harmful outputs and respect confidentiality.

⚖️ Why It Matters for ABA Model Rules

For solo and small firms, asking whether an AI platform aligns with Constitutional AI’s standards is a practical first step in choosing a trustworthy tool.

The ABA’s Formal Opinion 512 on generative AI makes clear that lawyers remain responsible for all work done with AI, even if an AI tool helped draft it 📝. Constitutional AI is relevant here because it’s one way that AI developers try to build in ethical guardrails that align with lawyers' obligations.

Key connections to the Model Rules:

  • Rule 1.1 (Competence): Lawyers must understand the benefits and risks of the technology they use. Knowing that a tool uses Constitutional AI helps assess whether it’s reasonably reliable for tasks like research, drafting, or summarizing.

  • Rule 1.6 (Confidentiality): Constitutional AI models are designed to refuse to disclose sensitive information and to avoid memorizing or leaking private data. This supports the lawyer’s duty to make “reasonable efforts” to protect client confidences.

  • Rule 5.1 / 5.3 (Supervision): Managing partners and supervising attorneys must ensure that AI tools used by staff are consistent with ethical rules. A tool built on Constitutional AI principles is more likely to support, rather than undermine, those supervisory duties.

  • Rule 3.3 (Candor to the Tribunal): Constitutional AI models are trained to admit uncertainty and avoid fabricating facts or cases, which helps reduce the risk of submitting false or misleading information to a court.

In short, Constitutional AI doesn’t relieve lawyers of their ethical duties, but it can make AI tools safer and more trustworthy when used under proper supervision.

🛡️ The “Helpful, Harmless, and Honest” Principle

The three pillars of Constitutional AI — helpful, harmless, and honest — are especially relevant for lawyers:

  • Helpful: The AI should provide useful, relevant information that advances the client’s matter, without unnecessary or irrelevant content.

  • Harmless: The AI should avoid generating illegal, dangerous, or unethical content, and should respect privacy and confidentiality.

  • Honest: The AI should admit when it doesn’t know something, avoid fabricating facts or cases, and not misrepresent its capabilities.

For law firms, this “helpful, harmless, and honest” standard is a useful mental checklist when using AI:

  • Is this AI output actually helpful to the client’s case?

  • Could this output harm the client (e.g., by leaking confidential info or suggesting an unethical strategy)?

  • Is the AI being honest (e.g., not hallucinating case law or pretending to know facts it can’t know)?

If the answer to any of those questions is “no,” the AI output should not be used without significant human review and correction.

🛠️ Practical Takeaways for Law Firms

For solo, small, and mid‑size firms, here’s how to put this into practice:

Lawyers need to screen AI tools and ensure they are aligned with ABA Model Rules.

  1. Know your tools. When evaluating a legal AI product, ask whether it’s built on a Constitutional AI–style model (e.g., Claude). That tells you it’s designed with explicit ethical constraints.

  2. Treat AI as a supervised assistant. Never let AI make final decisions or file work without a lawyer’s review. Constitutional AI reduces risk, but it doesn’t eliminate the need for human judgment.

  3. Train your team. Make sure everyone in the firm understands that AI outputs must be checked for accuracy, confidentiality, and ethical compliance — especially when using third‑party tools.

  4. Update your engagement letters and policies. Disclose to clients when AI is used in their matters, and explain how the firm supervises it. This supports transparency under Rule 1.4 and Rule 1.6.

  5. Focus on “helpful, honest, harmless.” Use Constitutional AI as a mental checklist: Is this AI being helpful to the client? Is it honest about its limits? Is it harmless (no bias, no privacy leaks)? If not, don’t rely on it.

MTC: PornHub Breach: Cybersecurity Wake-Up Call for Lawyers

/ The Tech-Savvy Lawyer.Page/

Lawyers are the first line defenders for their clientS’ pii.

It's the start of the New Year, and as good a time as any to remind the legal profession of their cybersecurity obligations! The recent PornHub data exposure reveals critical vulnerabilities every lawyer must address under ABA ethical obligations. Third-party analytics provider Mixpanel suffered a breach compromising user email addresses, triggering targeted sextortion campaigns. This incident illuminates three core security domains for legal professionals while highlighting specific duties under ABA Model Rules 1.1, 1.6, 5.1, 5.3, and Formal Opinion 483.

Understanding the Breach and Its Legal Implications

The PornHub incident demonstrates how failures by third-party vendors can lead to cascading security consequences. When Mixpanel's systems were compromised, attackers gained access to email addresses that now fuel sextortion schemes. Criminals threaten to expose purported adult site usage unless victims pay cryptocurrency ransoms. For law firms, this scenario is not hypothetical—your practice management software, cloud storage providers, and analytics tools present identical vulnerabilities. Each third-party vendor represents a potential entry point for attackers targeting your client data.

ABA Model Rule 1.1: The Foundation of Technology Competence

ABA Model Rule 1.1 requires lawyers to provide competent representation, and Comment 8 explicitly extends this duty to technology: "To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology". This is not a suggestion—it is an ethical mandate. Thirty-one states have adopted this technology competence requirement into their professional conduct rules.

What does this mean practically? You must understand the security implications of every technology tool your firm uses. Before onboarding any platform, conduct due diligence on the vendor's security practices. Require SOC 2 compliance, cyber insurance verification, and detailed security questionnaires. The "reasonable efforts" standard does not demand perfection, but it does require informed decision-making. You cannot delegate technology competence entirely to IT consultants. You must understand enough to ask the right questions and evaluate the answers meaningfully.

ABA Model Rule 1.6: Safeguarding Client Information in Digital Systems

Rule 1.6 establishes your duty of confidentiality, and Comment 18 requires "reasonable efforts to prevent [the inadvertent or unauthorized] access or disclosure” to information relating to the representation of a client. This duty extends beyond privileged communications to all client-related information stored digitally.

The PornHub breach illustrates why this matters. Your firm's email system, document management platform, and client portals contain information criminals actively target. The "reasonable efforts" analysis considers the sensitivity of information, likelihood of disclosure without additional safeguards, cost of safeguards, and difficulty of implementation. For most firms, this means mandatory multi-factor authentication (MFA) on all systems, encryption for data at rest and in transit, and secure file-sharing platforms instead of email attachments.

You must also address third-party vendor access under Rule 1.6. When you grant a case management platform access to client data, you remain ethically responsible for protecting that information. Your engagement letters should specify security expectations, and vendor contracts must include confidentiality obligations and breach notification requirements.

ABA Model Rules 5.1 and 5.3: Supervisory Responsibilities Extend to Technology

lawyers need to stay up to date on the security protocOls for their firm’s software!

Rule 5.1 imposes duties on partners and supervisory lawyers to ensure the firm has measures giving "reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct". Rule 5.3 extends this duty to nonlawyer assistants, which courts and ethics opinions have interpreted to include technology vendors and cloud service providers.

If you manage a firm or supervise other lawyers, you must implement technology policies and training programs. This includes security awareness training, password management requirements, and incident reporting procedures. You cannot assume your younger associates understand cybersecurity best practices—they need explicit training and clear policies.

For nonlawyer assistance, you must "make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer". This means vetting your IT providers, requiring them to maintain appropriate security certifications, and ensuring they understand their confidentiality obligations. Your vendor management program is an ethical requirement, not just a business best practice.

ABA Formal Opinion 483: Data Breach Response Requirements

ABA Formal Opinion 483 establishes clear obligations when a data breach occurs. Lawyers have a duty to monitor for breaches, stop and mitigate damage promptly, investigate what occurred, and notify affected clients. This duty arises from Rules 1.1 (competence), 1.6 (confidentiality), and 1.4 (communication).

The Opinion requires you to have a written incident response plan before a breach occurs. Your plan must identify who will coordinate the response, how you will communicate with affected clients (including backup communication methods if email is compromised), and what steps you will take to assess and remediate the breach. You must document what data was accessed, whether malware was used, and whether client information was taken, altered, or destroyed.

Notification to clients is mandatory when a breach involves material client confidential information. The notification must be prompt and include what happened, what information was involved, what you are doing in response, and what clients should do to protect themselves. This duty extends to former clients in many circumstances, as their files may still contain sensitive information subject to state data breach laws.

Three Security Domains: Personal, Practice, and Client Protection

Your Law Practice's Security
Under Rules 5.1 and 5.3, you must implement reasonable security measures throughout your firm. Conduct annual cybersecurity risk assessments. Require MFA on all systems. Implement data minimization principles—only share what vendors absolutely need. Establish incident response protocols before breaches occur. Your supervisory duties require you to ensure that all firm personnel, including non-lawyer staff, understand and follow the firm's security policies.

Client Security Obligations
Rule 1.4 requires you to keep clients reasonably informed, which includes advising them on security matters relevant to their representation. Clients experiencing sextortion need immediate, informed guidance. Preserve all threatening emails with headers intact. Document timestamps and demands. Advise clients never to pay or respond—payment confirms active monitoring and often leads to additional demands. Report incidents to the FBI's IC3 unit and local cybercrime divisions. For family law practitioners, understand that sextortion often targets vulnerable individuals during contentious proceedings. Criminal defense attorneys must recognize these threats as extortion, not embarrassment issues. Your competence under Rule 1.1 requires you to understand these threats well enough to provide effective guidance.

Personal Digital Hygiene
Your personal email account is your digital identity's master key. Enable MFA on all professional and personal accounts. Use unique, complex passwords managed through a password manager. Consider pseudonymous email addresses for sensitive subscriptions. Separate your litigation communications from personal browsing activities. The STOP framework applies: Slow down, Test suspicious contacts, Opt out of high-pressure conversations, and Prove identities through independent channels. Your personal security failures can compromise your professional obligations under Rule 1.6.

Practical Implementation Steps

THere are five Practical Implementation Steps lawyers can do today to get their practice cyber compliant!

First, conduct a technology audit to map every system that stores or accesses client information. Identify all third-party vendors and assess their security practices against industry standards.

Second, implement MFA across all systems immediately—this is one of the most effective and cost-efficient security controls available.

Third, develop written security policies covering password management, device encryption, remote work procedures, and incident response.

Fourth, train all firm personnel on these policies and conduct simulated phishing exercises to test awareness.

Fifth, review and update your engagement letters to include technology provisions and breach notification procedures.

Conclusion

The PornHub breach is not an isolated incident—it is a template for how modern attacks occur through third-party vendors. Your ethical duties under ABA Model Rules require proactive cybersecurity measures, not reactive responses after a breach. Technology competence under Rule 1.1, confidentiality protection under Rule 1.6, supervisory responsibilities under Rules 5.1 and 5.3, and breach response obligations under Formal Opinion 483 together create a comprehensive framework for protecting your practice and your clients. Cybersecurity is no longer an IT issue delegated to consultants; it is a core professional competency that affects your license to practice law. The time to act is before your firm appears in a breach notification headline.

Words of the Week: “ANTHROPIC” VS. “AGENTIC”: UNDERSTANDING THE DISTINCTION IN LEGAL TECHNOLOGY 🔍

/ The Tech-Savvy Lawyer.Page/

lawyers need to know the difference anthropic v. agentic

The terms "Anthropic" and "agentic" circulate frequently in legal technology discussions. They sound similar. They appear in the same articles. Yet they represent fundamentally different concepts. Understanding the distinction matters deeply for legal practitioners seeking to leverage artificial intelligence effectively.

Anthropic is a company—specifically, an AI safety-focused organization that develops large language models, most notably Claude. Think of Anthropic as a technology provider. The company pioneered "Constitutional AI," a training methodology that embeds explicit principles into AI systems to guide their behavior toward helpfulness, harmlessness, and honesty. When you use Claude for legal research or document drafting, you are using a product built by Anthropic.

Agentic describes a category of AI system architecture and capability—not a company or product. Agentic systems operate autonomously, plan multi-step tasks, make decisions dynamically, and execute workflows with minimal human intervention. An agentic system can break down complex assignments, gather information, refine outputs, and adjust its approach based on changing circumstances. It exercises judgment about which tools to deploy and when to escalate matters to human oversight.

"Constitutional AI" is an ai training methodology promoting helpfulness, harmlessness, and honesty in ai programing

The relationship between these concepts becomes clearer through a practical scenario. Imagine you task an AI system with analyzing merger agreements from a target company. A non-agentic approach requires you to provide explicit instructions for each step: search the database, extract key clauses, compare terms against templates, and prepare a summary. You guide the process throughout. An agentic approach allows you to assign a goal—Review these contracts, flag risks, and prepare a risk summary—and the AI system formulates its own research plan, prioritizes which documents to examine first, identifies gaps requiring additional information, and works through the analysis independently, pausing only when human judgment becomes necessary.

Anthropic builds AI models capable of agentic behavior. Claude, Anthropic's flagship model, can function as an agentic system when configured appropriately. However, Anthropic's models can also operate in simpler, non-agentic modes. You might use Claude to answer a direct question or draft a memo without any agentic capability coming into play. The capability exists within Anthropic's models, but agentic functionality remains optional depending on your implementation.

They work together as follows: Anthropic provides the underlying AI model and the training methodology emphasizing constitutional principles. That foundation becomes the engine powering agentic systems. The Constitutional AI approach matters specifically for agentic applications because autonomous systems require robust safeguards. As AI systems operate more independently, explicit principles embedded during training help ensure they remain aligned with human values and institutional requirements. Legal professionals cannot simply deploy an autonomous AI agent without trust in its underlying decision-making framework.

Agentic vs. Anthropic: Know the Difference. Shape the Future of Law!

For legal practitioners, the distinction carries practical implications. You evaluate Anthropic as a vendor when selecting which AI provider's tools to adopt. You evaluate agentic architecture when deciding whether your specific use case requires autonomous task execution or whether simpler, more directed AI assistance suffices. Many legal workflows benefit from direct AI support without requiring full autonomy. Others—such as high-volume contract analysis during due diligence—leverage agentic capabilities to move work forward rapidly.

Both elements represent genuine advances in legal technology. Recognizing the difference positions you to make informed decisions about tool adoption and appropriate implementation for your practice. ✅