MTC: 🔒 Unlocked Laptop, Suspended License: How One Lawyer’s Cybersecurity Blunder Became a Near? Career-Killer (And What You Must Learn).
/lawyers, don’t leave your tech unattended and accessible - it could lead to severe bar actions!
I was so astonished when I heard about this case that I needed to share it with you, The Tech-Savvy Lawyer.Page community!
A recent disciplinary case involving a Jefferson County, Missouri prosecutor’s suspension over a prank email highlights the escalating stakes of cybersecurity negligence in legal practice. The incident—where an unattended, unlocked laptop in an empty jury room used by attorneys to do some work, allowed a mischievous actor, a prosecutor nevertheless, to send a fake email to a sheriff about how she looked in khakis—serves as a stark reminder: basic physical safeguards are no longer sufficient in an era of sophisticated digital risks. Below, let’s discuss what NOT to do and the ethical landmines lurking in outdated tech habits.
What Went Wrong: A Breakdown of Failures
The prosecutor’s missteps reflect a cascade of poor judgments:
1. Leaving a device unattended and unlocked in a public setting, enabling unauthorized access.
2. Failing to implement automatic screen locks or password protections during brief absences.
3. Ignoring encryption tools for sensitive communications, despite ABA guidance.
This lapse violated core duties under the ABA Model Rules of Professional Conduct:
Rule 1.6 (Confidentiality): Lawyers must take “reasonable precautions” to prevent unauthorized disclosure of client information. An open laptop in a public space falls far short of this standard.
Rule 1.1[8] (Competence): The 2012 amendment to Comment 8 mandates that lawyers understand the “benefits and risks associated with relevant technology”. Ignoring basic device security—a well-known risk—breaches this duty.
How Tech Security Expectations Have Evolved
The shift from casual vigilance to rigorous tech protocols is unmistakable:
The ABA’s Formal Opinion 477R (2017) clarifies that lawyers must assess risks based on factors like data sensitivity and network security. Public Wi-Fi and unattended devices are now red flags requiring mitigation—not mere inconveniences.
Consequences of Complacency
The Jefferson County case underscores the professional, legal, and reputation fallout:
Ethical investigations: State bars increasingly treat tech negligence as a violation of competency rules.
License suspension: The prosecutor faced disciplinary action for failing to safeguard confidential systems - in this case, an indefinite suspension.
Loss of client trust: Even non-malicious breaches erode confidence in a lawyer’s judgment.
* Interestingly, it appears the public defender got off lightly with a slap on the wrist, although the public defender did leave exposed client files and working notes. This led to the prosecuting attorney being moved off 19 cases he and the defense attorney were both working on - someone got lucky! 😲
What NOT to Do: A Checklist ✅
Avoid these critical mistakes:
Not all nefarious tech interlopers wear masks! Keep your tech secure!
❌ Assume “quick” errands are harmless. Even 30 seconds unlocked can compromise data.
❌ Use unsecured public networks without a VPN.
❌ Skip software updates, leaving devices vulnerable to exploits.
❌ Store sensitive data locally without encryption or cloud backups.
❌ Use someone’s unsecured technology for malicious means or even for a prank.
Secure Your Practice: Best Practices
Enable automatic screen locks (under 5 minutes of inactivity).
Adopt encryption for emails and files containing client data.
Train staff on phishing scams and physical security protocols.
Develop an incident response plan to address breaches swiftly.
Final Thoughts 🧐
As the Lawyer Behaving Badly Podcast highlighted in their episode Silly Little Goose, even “harmless” pranks can derail careers. In a world where a single unlocked laptop can trigger ethics investigations, proactive tech competence isn’t optional—it’s survival! Lock your devices, encrypt your data, and treat every public space as a potential threat vector. Your license depends on it. 🔒
MTC