My Two Cents: The First Apple Macintosh Computer Turns 40! 🥳 A Reminder For Lawyers On The Technological Shift In Legal Practice.

The first mac was release on Jan 24, 1984.

The introduction of the Macintosh computer in 1984 marked a significant turning point in the legal profession, revolutionizing how lawyers practiced law. As we commemorate 40 years since its inception, lawyers should reflect on how this technological shift transformed their work and understand its lasting impact on legal practice.

Before the advent of personal computers, legal professionals primarily relied on typewriters, handwritten documents, and physical libraries for research. This laborious process often consumed significant time and resources. However, with the introduction of Macintosh and its Graphical User Interface (GUI), lawyers were empowered with tools that, over time, would streamline their workflow and enhance efficiency. The GUI provided lawyers with a user-friendly experience through icons, windows, and menus instead of complex command lines.

today’s lawyers have much to celebrate today given apple’s gui Operating system!

I am sure there are some early Windows users screaming that "everyone" was using Windows well before Macintosh computers. And they are half right. No one could have been using Windows OS before Mac OS because Mac OS came out nearly two years before Microsoft's GUI-based Windows. So, Mac wins, right? Kind of.

Although Mac's GUI was released before Windows OS, Windows was more widely used than Macs. The public's perception was that Macs were geared toward a more creative audience. In contrast, Windows computers were geared toward those in the business world, especially since Windows machines were networked before Macs were. Plus, Mac's first GUI word processing program, MacWrite, had some serious limitations when first introduced.

The first Mac cost about $2,495 ($7,500 in today's dollars) - the first Mac had a built-in screen and mouse and 128kb of memory - think about it, 1,000,000 kb equals 1 GB!

So, let's be clear: the initial release of the Macintosh Computer was not the immediate answer for how lawyers work today. Instead, its GUI-based operating system initiated the journey toward modern computing, incorporating word processing, file and case management, and web-based research. This evolution continues to shape lawyers' digital landscape today.

Happy Birthday, Macintosh!

My Two Cents: Harnessing The Power Of Podcasting: How Lawyers Can Benefit From A Podcasting Marketing Strategy - Why I went to Podfest 2024!

My third attendnace at Podfest coincide’s with it's 10th Anniversary!

In today's digital age, where attention spans are shorter than ever, finding innovative ways to engage with potential clients is crucial for lawyers and legal professionals. One such method that has gained significant traction in recent years is podcasting. By leveraging the power of podcasting, legal professionals can effectively reach their target audience, establish themselves as thought leaders in their respective fields, and ultimately grow their client base.

Podcasting offers a unique opportunity for lawyers to connect with their audience on a more personal level. Unlike written content or video, podcasts allow listeners to tune in while multitasking or during their commute. This convenience factor makes it easier for lawyers to capture the attention of busy professionals who may not have the time or patience to read lengthy articles or watch videos.

Furthermore, podcasts provide an avenue for lawyers to showcase their expertise and knowledge in a conversational manner. By hosting a podcast or appearing as a guest on relevant legal podcasts, attorneys can discuss current legal issues, share insights into complex cases, and offer practical advice to listeners. This not only helps lawyers build credibility but also establishes them as trusted authorities in their areas of specialization.

By consistently producing high-quality podcast content related to their practice areas, lawyers can attract a dedicated audience of potential clients who are genuinely interested in what they have to say. These listeners may be seeking specific legal services or simply looking for informative content related to the law. In either case, by providing valuable insights through podcast episodes, attorneys can position themselves as go-to resources within their niche.  (Lawyers can also host and appear on podcasts for topics outside their practice area; sometimes being an authority in another area translates to the listener that you may be an authority in the area of law your practice.)

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Dr. Drew Headlines!

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Selfie w Dr. Drew!

Additionally, podcasting offers an opportunity for lawyers to network and collaborate with other industry professionals. Attending events like Podfest 2024 allows legal professionals not only to gain insights from experienced podcasters and producers (e.g., finding the right hardware, learning how to use podcasting software, how to offload some or all of the production, how to repurpose your podcast in other social medial platforms, using LinkedIn to promote your podcast and your brand ... ) but also connect with influential individuals within the industry who may become valuable referral sources or even potential clients themselves - I ended up giving out my work business card so often that I ran out of card!

Another significant advantage of podcasting is its ability to enhance search engine optimization (SEO) efforts. Podcast episodes can be transcribed and turned into written content, which can then be published alongside the audio file on a website or blog. This multimedia approach not only caters to different types of audience preferences but also improves the discoverability of the podcast through search engines and improves your own SEO.

By incorporating relevant keywords into podcast titles, descriptions, and transcripts, lawyers can increase their online visibility and attract organic traffic to their websites.

Group photo from Podfest 2024 VIP Business Podcaster Mastermind Session
Thank you @Joe Fier for a great Roundtable!!!

Harnessing the power of podcasting can be a game-changer for lawyers and legal professionals looking to expand their reach and build a strong online presence. By engaging with potential clients in a personal and informative manner, attorneys can establish themselves as trusted authorities within their fields while attracting a dedicated audience that may ultimately convert into valuable clients. With its unique ability to reach busy professionals on-the-go and enhance SEO efforts, podcasting is an effective marketing strategy that should not be overlooked by legal professionals seeking growth in today's digital landscape.

I hope to see you at the next Podfest or maybe at the 2024 Podfest Movement held in DC this August 2024!

MTC!!!

My Two Cents: The Future Of Lawyering: Exploring The Impact Of Apple's Vision Pro On Legal Professionals!

Has Apple's new Vision Pro created a breakthrough in augmented reality for the legal profession in the business world?

As legal professionals strive to enhance efficiency, improve client service, and streamline workflows, we increasingly turn to innovative technological solutions. One such solution that has generated significant interest within the legal community is Apple's Vision Pro.

Apple's Vision Pro is an augmented reality (AR) device developed by the tech giant, specifically focusing on aiding professionals in various fields. This cutting-edge device combines advanced optics, powerful processing capabilities, and seamless integration with Apple's ecosystem to deliver an immersive AR experience. While initially targeted at creative industries such as design and architecture, legal professionals are now exploring its potential applications within their own domain.

Apple’s new vision Pro
© Apple

I can see how this kind of technology holds the potential to revolutionize courtroom presentations, transitioning from static displays to engaging, interactive 3D visualizations. Attorneys could employ this AR prowess to project dynamic reconstructions of crime scenes or accidents, offering juries and judges an unparalleled perspective into complex evidence. Beyond the courtroom, the Vision Pro can help and possibly improve the day-to-day work (especially for people with certain health conditions or impairments[1]). 

For example, Vision Pro's potential to redefine legal research and document review is significant. It should enable attorneys to overlay case law, statutes, or annotations onto physical documents, thereby integrating digital information into the tangible world and expediting the research process. Augmented related can help improve collaboration amongst staff or when conducting depositions – giving parties the “feeling” they are all in the same room despite being miles away from each other. 

Will apple’s vision pro take lawyers in a new direction for their trial work?

Apple’s Vision Pro should provide lawyers with file management similar to any other technological device.  It should give an attorney the ability to access ?all? of the web-based tools they need – research, law practice management platform, file storage, etc. (I put the "all" in question marks as we will have to see if the devices OS has any compatibility issues.) Apple’s Vision Pro OS provides similar security as it does for its other products.  So, maintaining privilege and confidentiality should not be an issue for lawyers. Does that mean you should run out to buy one? 🧐

The Vision Pro starts at $3,499.  And it only provides 256 GB hard drive.  The battery lasts two hours.  And it is brand new.  While Apple is known for making great products, sometimes it’s not always best to be first in line to buy a new Apple product -- just like Apple is known for not being the first to create a new type of product -- just a good product after it has had some time to review the competition.

I remember how excited I was to get my first ipad - but it was no laptop killer!🙄

I remember when the iPad came first out.  It was nice, but at the time, I could not afford one.  At the time, my mother was astonished I did not have one (as I explained, I had to prioritize my spending) and was gifted one soon after (thanks, Grandma Harriet!).  Are you ready to go out and buy more than a baker’s dozen for a jury, the judge, and court staff?

The iPad is a great device, but it never became the laptop killer some were hoping it would be.  Given the cost and newness of the device, I’ll wait for a few versions before I go out and get one.

(Unfortunately, Grandma Harriet is no longer with us. 🙁 But if anyone wants to buy me one, I won’t complain! 🥳)

[1] Editor’s note: This aspect of Vision Pro (and other augmented reality devices) is beyond this editorial's scope.

Are Lawyers At Risk? 🧐 How Relying On Smartphones May Impact Cognitive Health. 😬

In recent years, smartphones have become an indispensable tool for lawyers, aiding us in various aspects of our profession. However, as attorneys increasingly rely on these devices to perform our daily tasks, concerns about the potential impact on our cognitive health and mental well-being have arisen. Cognitive decline refers to the gradual deterioration of brain function over time, affecting memory, attention span, decision-making abilities, and overall cognitive performance. While aging is a natural contributor to cognitive decline, emerging research indicates that excessive smartphone use may exacerbate this phenomenon. For lawyers who depend on our mental sharpness and critical thinking skills to analyze complex legal cases and develop effective arguments, any factors that hinder cognitive function could be detrimental to our professional success.

overloading our brains due to smartphone use may have a negative impact on our cognitive Health!

One of the primary concerns regarding smartphone usage is its potential to contribute to cognitive overload among lawyers. With constant access to emails, messages, notifications, and a myriad of other applications, lawyers are often bombarded with information throughout the day. This continuous influx of data can lead to cognitive overload, making it difficult for lawyers to focus on important tasks, ultimately impacting our mental well-being. The irony cannot be ignored, given that many attorneys were already distracted before the incorporation of instantaneous information from our smartphones as we wait for that important phone call or letter (oftentimes only to be received the next day we return to our office to receive our overnight messages or our finally delivered USPS mail).

Studies have shown that excessive smartphone use can lead to decreased attention spans and reduced ability to concentrate for extended periods. Lawyers require a high level of concentration and attention to detail when working on complex legal cases. The multitasking behaviors promoted by smartphones may also harm a lawyer's cognitive performance in the long run. While juggling multiple tasks simultaneously might seem efficient at first, research suggests that multitasking can lead to decreased productivity and increased errors. Lawyers who are constantly switching between smartphone activities and legal tasks or just juggling multiple cases on our smartphones may experience cognitive overload. This may impair our ability to think critically and make sound decisions. This may also diminish our ability to quickly recall vast amounts of legal knowledge. If prolonged smartphone usage hampers these cognitive abilities over time, it could potentially jeopardize the quality of our work and increase our stress levels.

The “physics” and “stress” of late night smartphone use may have a negative impact on our health!

Smartphones have been found to disrupt sleep patterns due to increased exposure to blue light emitted by screens. Lawyers often work long hours and may be tempted to check work-related emails or engage in other professional activities using our smartphones late into the night. The negative impact on sleep quality can lead to fatigue and impaired daily cognitive function.

Then, there is the addictive nature of smartphones. Social media platforms, news apps, games - all these distractions can easily consume valuable time that could be spent engaging in activities that promote mental well-being, such as exercise or spending time with loved ones. For lawyers who already face demanding work schedules and high-stress levels inherent in our profession, addiction or over-reliance on smartphones may exacerbate these issues, leading to burnout and decreased mental well-being.

Finding daily balance and limits on our smartphone use at work may prove important to our smartphone use!

While smartphones undoubtedly offer convenience and productivity benefits to lawyers, it is crucial for legal professionals to find a balance between utilizing these devices effectively and protecting our cognitive health. Implementing strategies such as setting boundaries for smartphone use, employing time management techniques, and practicing mindfulness can help mitigate the potential negative effects on mental well-being. Recognizing these risks and adopting strategies to manage smartphone use effectively can help attorneys maintain our cognitive health while navigating the demands of our profession.

MTC

Happy Lawyering!

My Two Cents: Happy New Year! AI Is Going To Be The Biggest Game Changer For Lawyers In 2024!

Lawyers celebrating 2024 with AI - at least according to DALL*E!

Artificial Intelligence (AI) has been making significant strides in various industries, and the legal profession is no exception. As technology continues to evolve, I believe that AI will become the biggest game changer for lawyers in 2024. Law practice management platforms are already integrating AI into their software, allowing attorneys to streamline their workflows and enhance their overall efficiency. While some concerns have been raised regarding AI's potential to replace attorneys entirely, Chief John Roberts, in his 2023 report, believes that AI will not replace lawyers (or at least judges). 🤗 However, legal professionals must remain cautious of the limitations of AI technology, as highlighted by former Trump attorney fixer Michael Cohen.

AI has the potential to automate repetitive tasks and streamline complex legal processes, allowing attorneys to focus more on strategic and high-value work. Law practice management platforms are incorporating AI-powered features that assist with various aspects of legal practice, from research document analysis to contract review and client communication.

Traditionally, lawyers spend countless hours sifting through vast amounts of information to find relevant cases, statutes, and regulations. However, with AI-powered research tools integrated into law practice management and legal research platforms, attorneys can now conduct comprehensive searches in a fraction of the time. These tools utilize machine learning algorithms that continuously learn from past searches and user interactions to deliver highly accurate results tailored to specific legal queries.

CJ Roberts has an opinion about AI’s Place in the practice of law.

In addition to research assistance, AI is also transforming how lawyers manage documents. Document analysis tasks that were once tedious and time-consuming can now be automated using advanced natural language processing techniques. Law practice management platforms equipped with AI capabilities can quickly analyze contracts, identify key provisions or clauses, and generate summaries or comparisons. This not only saves valuable time but also reduces the risk of human error inherent in manual document review processes.

Client communication is another crucial aspect of legal practice that benefits from AI integration. Law firms often handle large volumes of client inquiries via emails or phone calls. By utilizing AI-powered chatbots or virtual assistants embedded within law practice management software, attorneys can provide prompt responses while managing multiple client interactions simultaneously. These intelligent assistants can understand natural language queries, offer basic legal advice based on predefined parameters set by attorneys themselves, or redirect clients to appropriate resources within the platform.

AI is not going to be replacing lawyers but lawyers who do not use AI will be replaced.

But will AI replace lawyers?  A recent federal case in a U.S. District Court in Illinois dismissed a case against the "robot lawyer" DoNotPay, Inc.  The defendant "...offers an online, subscription-based service that it claims will help consumers “[f]ight corporations, beat bureaucracy and sue anyone at the press of a button.” It offers services related to marriage annulment, speeding ticket appeals, timeshare cancellation, breach of contract, defamation, copyright, child support, restraining order"  This non-lawyer is currently free to operate.  But since it was dismissed on standing issues, I won't be surprised if this case (and others similar to it) won't find its way to the courthouse.

Despite this news, Chief John Roberts asserts that AI will not replace attorneys entirely.  He argues that while AI can assist lawyers by handling repetitive tasks or providing legal insights, the human element of legal practice, such as critical thinking and empathy, remains irreplaceable. AI's limitations in understanding nuance and complex emotions make it unlikely to replace the nuanced advice and strategic thinking that lawyers provide their clients.

But caution must still be exercised when relying on AI technology. Michael Cohen, former Trump attorney fixer, serves as a reminder that AI is not infallible. Cohen's experience with using AI-powered software for document review revealed its limitations: He provided in a "sworn declaration in federal court in Manhattan that he did not realize the citations generated by Google Bard [that he provided his attorney] were fictitious.[1] (Why his attorney, i.e., the party who signed the legal pleading, did not check the citations before submitting the pleading to the court is something I have warned about in the past.) This emphasizes the importance of lawyers remaining vigilant and thoroughly reviewing AI-generated results to ensure their accuracy.

Lawyers should be celebrating 2024 with AI as it will likely be part of the practice of law!

I predict AI to be the biggest game changer for lawyers in 2024. As technology continues to advance rapidly, embracing AI as a valuable tool while acknowledging its limitations will be essential for legal professionals in navigating the ever-changing landscape of the legal profession.

MTC

Happy New Year and Happy Lawyering!

[1] https://www.reuters.com/legal/ex-trump-fixer-michael-cohen-says-ai-created-fake-cases-court-filing-2023-12-29/

My Two Cents: Lawyers! Watch Out For Scammers On Amazon/Online When Buying Electronics, As You May Get Something Else!!!

be careful - DIGITAL SCAMMERS WILL TRY TO RUIN YOUR HOLIDAY SHOPPING!

During the Holiday Season in today's digital age, online shopping for lawyers has become a convenient and popular way to purchase various products, including electronics. However, with the rise in popularity of online marketplaces like Amazon, scammers have also found new avenues to exploit unsuspecting buyers. As a result, it is crucial for lawyers to stay vigilant and protect themselves from falling victim to these fraudulent schemes: it is essential to exercise caution and adopt certain preventive measures.

Scammers often employ deceptive tactics such as selling counterfeit or misrepresented electronic devices. They may advertise high-end gadgets at unbelievably low prices or use persuasive techniques to mislead customers into making hasty purchases. Once the purchase is made, customers receive a completely different or counterfeit product instead.

ALWAYS USE SECURE PAYMENT METHODS WHEN PURCHASING PRODUCTS ONLINE!

Another common scam involves sellers who disappear after receiving payment. These fraudsters often create fake profiles and offer attractive deals on high-demand electronics. Once payment is made, they vanish without delivering the purchased item or providing any means of contact.

Some scammers exploit unsuspecting buyers by selling stolen or refurbished goods as brand-new products. These items may come with hidden defects or missing accessories, which significantly diminish their value. Worse yet, you may hear from the authorities about stolen goods you unwittingly purchased. 

Always use secure payment methods like credit cards or PayPal.

😀 ☃️ 🚨

Always use secure payment methods like credit cards or PayPal. 😀 ☃️ 🚨

Always utilize secure payment methods such as credit cards or trusted third-party services like PayPal.

MAKE SURE YOU ARE DEALING WITH A REPUTABLE SELLER BEFORE MAKING ANY ONLINE PURCHASE!

It is always best to buy from reputable sellers or authorized dealers.  Do your due diligence and check the seller's reputation. If there are discrepancies between what is advertised and what is described in reviews or customer feedback, exercise caution before making a purchase. If any information appears vague or inconsistent, consider reaching out to the seller for clarification before making a purchase. Trust your instincts. If something feels off about a seller or listing, it's better to err on the side of caution and choose another reputable source for your electronic needs, even if you are paying more than the questionable “deal.”

My Two Cents: Essential Security and Privacy Reminder for Lawyers Using Cloud Software.

Today’s lawyers need to be tech-savvy when it comes to working on the cloud!

Cloud computing has revolutionized the legal industry, providing lawyers numerous benefits, such as increased flexibility, accessibility, and cost-effectiveness. There has been a significant increase in cloud computing usage among lawyers in the United States, particularly solo practitioners. From 2021 to 2022, overall cloud usage among respondents rose from 60% to 70%. Notably, solo lawyers showed the most dramatic increase, with usage jumping from 52% to 84%. This indicates a substantial increase from just a few years ago, when only a fraction of firms had integrated cloud computing into their operations. The study further reveals that small to medium-sized law firms are more likely to adopt cloud technology due to its cost-effectiveness and scalability.

However, along with these advantages come security and privacy concerns that must be addressed to protect sensitive client information. I’ve outlined below some of today’s key security and privacy concerns associated with cloud-based software in the legal industry.

One of the primary concerns for lawyers surrounding cloud computing is data breaches. Storing confidential client information on third-party servers increases the risk of unauthorized access by cybercriminals. A single breach can result in severe consequences, including reputational damage, loss of client trust, and potential legal liabilities. Thus, it is crucial for law firms to carefully assess the security measures implemented by cloud service providers before entrusting them with sensitive data.

The ways people practiced of law has changed from when our grandparent’s worked!

Encryption plays a vital role in safeguarding data stored in the cloud. Lawyers must ensure that their chosen cloud-based software employs robust encryption techniques for their information, whether it is in transit or at rest. End-to-end encryption ensures that only authorized parties can decrypt and access data, minimizing vulnerability to interception or unauthorized disclosure.

Another concern relates to jurisdictional issues and compliance with regulations governing data protection. Lawyers often deal with sensitive information subject to strict confidentiality requirements imposed by various jurisdictions worldwide. Understanding where your client’s data is physically stored and ensuring compliance with relevant regulations can be complex when utilizing cloud services provided by multinational corporations operating across borders.

Data portability is also important when using cloud-based software in the legal industry. Lawyers need assurance that they can easily retrieve their clients' data if they decide to change service providers or migrate back to on-premises solutions. The ability to export data seamlessly without any loss or corruption ensures business continuity while minimizing potential disruptions during transitions.

Your “tech-savvy” lawyer being cybersecure!
* Image created with DALL·E 3.
* Note likeness is not 100% - I’m certainly missing hair in this image! 😜

Transparency regarding how cloud service providers handle user data is essential for maintaining client trust and confidence in their lawyers' use of technology. Law firms should carefully review the terms of service, privacy policies, and data processing agreements provided by cloud vendors to understand how data is stored, accessed, and shared. Clear communication with clients about using cloud-based software can alleviate concerns and foster transparency.

Lawyers must also address the risk of insider threats when adopting cloud computing. Employees or contractors within law firms may have unauthorized access to sensitive client information stored in the cloud. They are implementing strict access controls, including multi-factor authentication (MFA) mechanisms. MFA adds an extra layer of defense by requiring users to provide multiple verification forms before accessing sensitive information. This could involve combining something they know (such as a password), something they have (such as a physical token or smartphone), or something they are (such as biometric characteristics). Ultimately, MFA significantly reduces the risk of unauthorized access even if passwords are compromised.

Lawyers back in the day really did not have worry about cybersecurity
* Image created with DALL·E 3.

Regularly updating software and systems is another essential step in maintaining robust cybersecurity within cloud-based solutions for lawyers. Software vendors frequently release updates that include patches for identified vulnerabilities or bug fixes that can help prevent potential cyberattacks. Lawyers should establish policies mandating regular updates across all devices used within their practice and ensure that their chosen cloud service provider promptly applies patches on their infrastructure.

Lastly, conducting routine security audits and assessments helps identify potential weaknesses within the cloud-based infrastructure. This involves analyzing network configurations, access controls, and security protocols to ensure they are aligned with industry best practices and compliance requirements. By conducting regular audits, lawyers can proactively address any vulnerabilities before malicious actors exploit them.

The concerns outlined above are similar to what attorneys have had when they house their data – and I’ll refrain from repeating them here.  Even though the expense of maintaining servers, i.e., housing and keeping them working, is erased with cloud computing, we cannot forget my 3-2-1 backup rule.  (Remember, “2” stands for two different locations for your backups.) The cloud is only one place to store and back up your files.  It would be best if you had some onsite or even offsite backups (although some may find this redundant, given cloud backups are “offsite,” having an offsite non-cloud backup may be prudent or overkill 🙄, depending on who you ask).

Lawyers working smartly - make sure your work is cybersecure!
* Image created with DALL·E 3.

While cloud-based software offers numerous benefits for lawyers regarding efficiency and productivity, it also introduces security and privacy concerns that must be adequately addressed. Safeguarding client data from breaches, ensuring compliance with regulations, enabling data portability, promoting transparency in data handling practices, and mitigating insider threats are all crucial aspects that legal professionals must consider when utilizing cloud computing solutions. It is important that you work with reputable services.

By implementing robust security measures and working closely with trusted cloud service providers that prioritize privacy protection, lawyers can leverage the advantages of cloud computing while maintaining the confidentiality and integrity of their client's information.

Happy Lawyering!

MTC

My Two Cents: How President Biden’s Executive Order on AI Impacts the Practice of Law - it does and doesn't.

President Biden's recent Executive Order (Order) on Safe, Secure, and Trustworthy Artificial Intelligence marks a significant milestone in the governance of AI technologies. This comprehensive directive aims to establish robust standards for AI safety and security. Its goals include protecting privacy and civil rights while promoting innovation and protecting intellectual property rights. For attorneys, this announcement is of paramount importance as it directly impacts the practice of law, introducing new dimensions to legal compliance, ethical considerations, and the overall legal landscape. Legal innovators and industrialists like Jack Newton, CEO of CLIO, see this Order as an important step taken by the government: I am hopeful that the newly introduced AI legislation will not only uphold the highest standards of security and privacy but also ensure equitable access and unbiased application within legal frameworks.

Here is a summary of the impact it will have on lawyers:

AI Safety and Security:

The Order mandates developers of powerful AI systems to share safety test results and critical information with the U.S. government. For attorneys, this introduces a new layer of compliance and due diligence. Legal professionals will need to guide their clients through these requirements, ensuring that AI systems adhere to the mandated safety and security standards. This is particularly crucial for companies dealing with AI technologies that pose serious risks to national security or public health. Likewise, lawyers representing parties who have been harmed by a company's use of AI will need to know the latest in AI technology in order to advocate the best strategy for their clients.

Privacy and Data Protection:

With AI’s capability to extract and exploit personal data, the Order calls for heightened privacy protections. The directive’s emphasis on privacy-preserving techniques and evaluation of data collection practices necessitates an attorney’s thorough understanding of AI technologies and their implications on privacy. Attorneys will play a crucial role in advising clients on data protection strategies, ensuring compliance with privacy laws, and navigating the legal complexities of AI-driven data processing. Attorneys must also ensure their use of AI in their practice protects their client’s Personal Identifiable Information (PII).

Equity and Civil Rights:

The Order addresses the potential of AI to perpetuate discrimination and bias, particularly in sectors like housing, healthcare, and criminal justice. Legal professionals will need to stay vigilant, ensuring that AI systems employed by their clients do not result in discriminatory outcomes or violate civil rights. Likewise, Attorneys who are prosecuting parties using AI to discriminate against members of the public will need to have a solid understanding of how AI works in these matters.

Consumer Protection:

the president’s order will likley set forth new regulations and policies that will affect most practicing lawyers.

AI technologies can potentially transform consumer experiences but also raise concerns about potential harms and deceptive practices. The Executive Order calls for standards and best practices to detect AI-generated content and authenticate official communications. Attorneys working in consumer protection will need to familiarize themselves with these standards, advising clients on compliance, advising clients who are victims, and addressing potential legal challenges arising from AI-driven consumer interactions.

Immigration Law

Although the Order is not directly focused on immigration law, it could indirectly affect the field. One specific aspect of the Order calls for using existing authorities to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas, including AI, to study, stay, and work in the United States. This could lead to changes in visa criteria and processes, potentially affecting how immigration attorneys advise clients in the tech sector. The emphasis on AI could lead to a higher demand for skilled workers in this field, possibly influencing the landscape of employment-based immigration. Immigration lawyers may need to stay updated on any new policies or procedural changes resulting from this Order to guide their clients through the visa application process.

Supporting Workers:

The impact of AI on the workforce is a critical aspect of the Order. Attorneys specializing in labor law will find this directive particularly pertinent, as it addresses issues related to job displacement, workplace equity, and labor standards. Legal professionals will play a vital role in navigating the legal complexities of AI in the workplace, ensuring that workers’ rights are protected, and advising employer-clients on best practices to mitigate potential harms.

Promoting Innovation and Competition and Protecting Intellectual Property:

The Order emphasizes the need to maintain America’s leadership in AI innovation and competition. For attorneys working in intellectual property, technology, and antitrust law, this directive underscores the importance of fostering a competitive AI ecosystem while protecting intellectual property rights. Legal professionals will need to stay abreast of developments in AI technologies, advising clients on innovation strategies, and ensuring compliance with copyright, intellectual property, and antitrust laws.

Attorneys Working for the Government:

The Order will affect government attorneys twofold -

First, government attorneys must be abreast of the same issues discussed in this post, like any private attorney. Government attorneys basically have the same legal and ethical duties as private attorneys. They, too, have the same security, bias, privacy, civil rights, and intellectual property concerns private practitioners have with this Order.

Second, government attorneys will be tasked with ensuring that government agencies comply with enhanced AI safety and security protocols, protect privacy, advance equity, defend civil rights, and promote innovation while protecting intellectual property rights. They will also play a critical role in developing and enforcing guidelines for the ethical use of AI within federal operations, potentially influencing procurement processes and the deployment of AI in public services. Moreover, as the government seeks to lead by example in the responsible use of AI, these attorneys will be instrumental in setting precedents that could shape future AI governance across all sectors.

Conclusion:

Lawyers already have an ethical duty to stay abreast of technology advancements including ai.

It is not surprising that as AI continues to evolve, legal professionals will play a crucial role in guiding their clients through this complex terrain. But, the Order does not bring anything new to an attorney’s quiver of responsibilities. With or without the Order, attorneys already have the Model Rules of Professional Conduct to guide them on their duties around technology (including AI). The Rules require us to stay current on AI, its constant changes, and how it may impact their clients—whether attorneys are using AI to assist their clients or if their clients or those whom attorneys are advocating against are using AI in their business.  Reference Model Rules 1.1, 1.1[8], 1.3, 1.4 & 1.6.  So, don't let the Order serve as a starting point.  Let it serve as a reminder that we must stay competent in our use and understanding of technology as it applies to our work in the legal arena.

My Two Cents on Clio Cloud Conference 2023 – Clio sets the standard, ABA Techshow needs to catch up, and the other LPMs need to start…

Recall I attended the Clio Cloud Conference 2023 (CLIO Con) recently. It was a very full event.  They had the standard announcements: I say “standard” because when you go to an electronics/technology conference, you expect to hear about the new products and features.  And as I had blogged recently, CLIO had plenty to share – new features to their Law Practice Management (LPM) platform now and next year!  But lawyers and legal professionals were not just going to a tech show to see the new shiny products; attendees wanted to learn more about their LPM of choice.  And CLIO Con wholistically met their needs!

My 2023 clio cloud conference press pass!

The conference was more than announcing new features like you might expect at an Apple or Samsung product event.  (The opening and closing sessions definitely had the polish of an Apple product announcement). You can see from their agenda, CLIO Con provided use-case sessions, presentations on the tech issues of today and tomorrow, and actual hands-on training and follow-along sessions through workshops and on their vendor floor.  CLIO Con had the right mix!

The ABA Techshow has had similar presentations and overview sessions.  But it needs more hands-on or follow-along training.  This has been a complaint of mine over the years – don’t show me what can be done, i.e., the final product, without showing me how to do it.  (The vendor sessions provided on the vendor floor are not enough to get a real feel of the various platforms - only a cursory overview to entice new customers for further investigation.)  After attending my first ABA LP Division meeting, it’s my understanding that the ABA is going to provide more detailed presentations at next year’s Techshow - so stay tuned to my 2024 ABA Techshow reports early next year.

CLIO’s competitors need to start their own conferences. The various CRMs/LPMs platforms have similar and different uses, functions, and third-party integrations. So, as potential clients need to screen their next attorney, attorneys need to vet their CRM/LPM platform.  It greatly helps lawyers to have it all pulled together and to be immersed with like-minded people at one event  - it gives the potential/new/current user a holistic sense of how a particular platform can serve their practice.  Quite frankly, if the other platforms are not going to do something similar, they are going to be left in the dust by CLIO.

Clio Con 2024 will be in Austin October 7 and 8!

The event had the enthusiasm of a Saturn Car dealership without the fanaticism (no offense to any current or previous Saturn car owners). It was a positive event. I am not a CLIO user, but I did learn some ideas on how I may want to improve my own CRM/LPM platform with third-party integration and use cases. I will consider CLIO a strong contender if I decide to change platforms.

For the record, I asked for and received a press pass for the event.  If other platforms start their own conferences, I will certainly do my best to attend and report on the similarities and differences between them and CLIO.  Until that happens, and quite frankly, even if other platforms start to do their own conferences, I'd encourage any attorney, CLIO user or not, to attend the next CLIO Con: It is a polished event where you can learn more about what LPMs can do for your firm, get ideas for what you want out of your platform, and maybe you'll find that CLIO does or does not meet your needs.

MTC.

My two cents: Have phone calls gone the way of the Dodo for Attorneys?

should attorneys still use phones for communications? Or has it gone the way of the dodo?

The blog post "Have Phone Calls Gone the Way of the Tin Can and String?" from Carolyn Elefant of MyShingle.com and an article from the Washington Post titled "The new phone call etiquette: Text first and never leave a voice mail" make me wonder if the use of "phone calls" is still a practical tool for attorneys in the age of advanced technology. Let's put this in a little context: Phone calls have existed for 147 years, with the iPhone being around for 16 years. The way we make calls has changed significantly with technological advancements, such as making calls on smartwatches and seeing voicemails transcribed in real time. But with the advances in texting, instant messaging, emails, and video calls, do we lawyers really need to be making phone calls today?

First, let's look at the Washington Post's Phone Etiquette Guidance for 2023:

• Don't Leave a Voicemail: Voicemails are considered outdated due to the prevalence of text messages. It's often better to send information in written form, like a text or email. However, exceptions include sending heartfelt messages to close ones.

• Text Before Calling: It's polite to text someone before calling them. This gives the recipient a heads-up and allows them to prepare for the conversation.

• No Obligation to Answer: Just because someone calls doesn't mean you have to answer immediately. It's okay to mute the call and respond when convenient.

• Emotions vs. Facts: Emotional or nuanced conversations are better over the phone, while factual updates or coordination can be done via text.

• Video Voicemails: Apple's iOS 17 introduced a feature allowing users to leave video messages. While fun, not everyone appreciates them.

Are the use of phone calls in the work environment extinct?

• Video Call Etiquette: During video calls, it's best to stay still and ensure your entire face is visible. Moving around can be disorienting for the other party.

• Avoid Speakerphone in Public: It's considered impolite to use speakerphone in public places. If in a crowded area, be mindful of the volume and personal space.

• Screen Calls: Apple's new feature in iOS 17 transcribes voicemails in real time, allowing users to decide whether to answer the call based on the transcription.

• Phone Calls Still Matter: Despite the shift in communication methods, phone calls remain a valuable way to connect with others and foster relationships.

This may work with the general public. But I think this needs to be refined for lawyers.

My general phone guidance for lawyers in this new technology age:

Leave a Voicemail (not a video voicemail)/Don't Text Before Calling: Your clients may not be as tech-savvy as you are, so it would be impractical to not leave a voice mail for clients who do not know how to text. Further, it opens the door for clients to text you back at all hours (and may unrealistically expect an immediate text back – remember, set office policies with your clients, opposing counsel, and the general public about when they should expect communications to be returned - the send later function on email is great for when you are working late at night or on the weekends and you don't want everyone else to know). No one has the general ability to text government offices and government employees who do not have an office mobile phone. And if you text them on their personal phones, there may be a confidentiality issue.

WHen you use technology communications make sure you are using proper etiquette!

Be Very Mindful When Speaking in Public (speakerphone or not): If you are on a call in public, make sure the client is okay with this situation. When talking with a client, attorney, or other party about a case, be mindful to, at very minimum, not discuss the client's name. You don't want to breach any confidentiality issues. Depending on the notoriety of your client base, you may not want to talk about your "anonymous" client in public at all. Regardless, you never want the other party on speaker phone should they inadvertently reveal confidential information or their voice is obvious to the public!

Email (for conveying facts or creating a record) over phone calls (for general client relations):  Do use email when you are trying to inform the recipient of facts. Do you use email when you need to create a record of the communication (there are some parties, e.g., a handful of attorneys, that I have dealt with who can't always be trusted to remember the details of the phone call). It is sometimes simpler (and safer) just to send an email. Or, at the very minimum, send an email for a post-call record.

Obligation to Answer (but you can still screen calls): Just because someone calls doesn't mean you have to answer immediately. It is okay to mute the call and respond when convenient. But make sure that you have a receptionist (or at least a virtual receptionist, I use Smith.AI to answer your calls. The receptionist can reach out to you. Once contacted, you can choose to accept the call, screen it, or request the receptionist to convey a message or inform the caller of a later return call or follow-up email.

Use Voice Mail as a Backup: You should make sure that your line(s) has a working voicemail should no one be available. Note:  Even though I have a 24-hour answering service with Smith.AI, they can sometimes get overloaded with multiple callers. So, it's good to have a backup. With today's virtual and technological advances, setting up a voice mail is not something hard to provide your clients and potential clients. This concept is certainly not new - Doctors have had phone services to contact them on beepers for decades prior to today.

Phone calls play an important role in my office communications. Today, I meet almost all of my potential clients for the first time over the phone. We conduct initial consultations by phone. Remember, I have clients not only from across the country but also from all over the world. If we move forward with representation, our communications will move mostly to email and some phone calls. If we have a hearing with the VA (via the Board of Veterans Appeals), they are almost always by video. Phone calls may be "old-fashioned" and not quite fit in today's phone etiquette, but they are here for now!

MTC