MTC: Apple's UK Retreat - Navigating Client Confidentiality in a Post-ADP World šŸŒšŸ”

Lawyers need to be aware of foreign governments’ software security permissions when traveling abroad! āœˆļø

In the wake of Apple's recent withdrawal of Advanced Data Protection (ADP) from the UK, lawyers face a critical challenge in safeguarding client confidentiality. This development underscores the ongoing tension between government surveillance demands and the legal profession's ethical obligations. As tech-savvy legal professionals, we must adapt our practices to ensure robust data protection, particularly when traveling with Apple devices.

The New Landscape of Digital Security šŸ“±šŸ’¼

Apple's decision to remove ADP from the UK market stems from governmental pressure to create backdoors for law enforcement access. This move significantly impacts the level of encryption available to UK users, potentially exposing sensitive client information to increased vulnerabilities. Lawyers must now reassess their digital security strategies, especially when crossing borders with client data.

* The US government has come out in support of Apple on this issue - I don’t quite know what to make of it. šŸ¤”

* The US government has come out in support of Apple on this issue - I don’t quite know what to make of it. šŸ¤”

Practical Steps for Lawyers šŸ›”ļøšŸ“Š

  1. Device Sanitization: Before international travel, thoroughly sanitize your devices. Remove non-essential client data and consider using "travel-only" devices with minimal sensitive information1.

  2. Encryption Alternatives: With ADP unavailable, explore third-party encryption tools compatible with Apple devices. Solutions like VeraCrypt or Cryptomator can provide an additional layer of security for client files.

  3. VPN Usage: Always use a reputable VPN when connecting to public Wi-Fi networks. This practice encrypts your internet traffic, making it significantly harder for malicious actors to intercept sensitive data4.

  4. Cloud Storage Considerations: Reevaluate your use of iCloud for storing client information. Consider alternative cloud services with robust encryption or, preferably, on-premises storage solutions for highly sensitive data.

  5. Two-Factor Authentication: Implement strong two-factor authentication on all accounts. This adds an extra layer of security, even if passwords are compromised3.

Advising Clients on Data Protection šŸ“šŸ”’

When counseling clients on data security while traveling:

Cybersecurity should be on your mind before you travel overseas! Know before you go!

  1. Education is Key: Inform clients about the risks associated with international data transfer and storage. Emphasize the importance of encryption and cautious data handling practices.

  2. Device Management: Advise clients to use dedicated travel devices when possible, containing only essential data. Encourage the use of strong, unique passwords and biometric authentication.

  3. Data Minimization: Recommend that clients only carry necessary data when traveling. Sensitive information should be securely stored and accessed remotely only when absolutely required.

  4. Secure Communication Channels: Suggest using end-to-end encrypted messaging apps for sensitive communications. Apps like Signal or WhatsApp provide a higher level of security compared to standard SMS or email.

  5. Regular Security Audits: Encourage clients to regularly review their device and account security settings. This includes checking for unauthorized access and updating software promptly.

Crossing Borders: ADP vs. Non-ADP Countries šŸ›‚šŸ”

When traveling between countries with different ADP policies, lawyers and their clients must take additional precautions:

  1. Data Backup: Before leaving an ADP-permitted country, securely back up all ADP-protected data to a trusted cloud service or encrypted external drive.

  2. Disable ADP: When entering a non-ADP country, disable ADP on your devices. This prevents potential conflicts with local laws and reduces the risk of forced access.

  3. Temporary Device Switch: Consider using a separate, "clean" device when entering non-ADP countries, leaving your ADP-enabled device securely stored elsewhere.

  4. Re-enable ADP: Upon returning to an ADP-permitted country, re-enable the feature and restore your data from the secure backup.

  5. Client Notification: Inform clients about the potential risks and your mitigation strategies when traveling between ADP and non-ADP jurisdictions.

The Broader Implications šŸŒāš–ļø

lawyers need to be aware of other countries security standards when advising their clients who travel internationally! šŸŒŽ šŸŒ šŸŒ

The removal of ADP in the UK sets a concerning precedent that may embolden other governments to demand similar concessions. This trend could lead to a global weakening of encryption standards, posing significant challenges to attorney-client privilege and data security worldwide.

As legal professionals, we must stay informed about these developments and advocate for policies that protect client confidentiality. Engaging with bar associations and legal organizations to take a stand against government-mandated backdoors is crucial for preserving the integrity of our legal system.

Final Thoughts: Vigilance in a Changing World šŸš€šŸ”

The withdrawal of Apple's ADP from the UK serves as a stark reminder of the fragility of digital privacy. As guardians of client confidentiality, lawyers must rise to this challenge, implementing robust security measures and staying informed about technological developments. By doing so, we can continue to uphold our ethical obligations and protect our clients' interests in an increasingly complex digital world. Remember, in the realm of digital security, complacency is our greatest enemy. Stay vigilant, stay informed, and always prioritize the protection of your clients' sensitive information.

MTC

Shout Out to Robert Ambrogi: AI Legal Research Platforms - A Double-Edged Sword for Tech-Savvy Lawyers šŸ”āš–ļø

The use of ai is a great starting point - but always check your work (especially your citations)!

Robert Ambrogi's recent article on LawNext sheds light on a crucial development in legal tech: the comparison of AI-driven legal research platforms. This "AI smackdown" reveals both the potential and pitfalls of these tools, echoing concerns raised in our previous editorial about Lexis AI's shortcomings.

The Southern California Association of Law Libraries' panel, featuring expert librarians, put Lexis+AI, Westlaw Precision AI, and vLex's Vincent AI to the test. Their findings? While these platforms show promise in answering basic legal questions, they're not without flaws.

Each platform demonstrated unique strengths: Lexis+AI's integration with Shepard's, Westlaw Precision AI's KeyCite features, and Vincent AI's user control options. However, inconsistencies in responses to complex queries and recent legislation underscore a critical point: AI tools are supplements, not replacements, for thorough legal research.

This evaluation aligns with our earlier critique of Lexis AI, reinforcing the need for cautious adoption of AI in legal practice. As the technology evolves, so must our approach to using it.

Mark Gediman's wise words from Bob’s article serve as a fitting conclusion:

ā€œWhenever I give the results to an attorney, I always include a disclaimer that this should be the beginning of your research, and you should review the results for relevance and applicability prior to using it, but you should not rely on it as is.ā€
— Mark Gediman

For tech-savvy lawyers, the message is clear: Embrace AI's potential, but never forget the irreplaceable value of human expertise and critical thinking in legal research. šŸ§ šŸ’¼

MTC

MTC: AI in Legal Email - Balancing Innovation and Ethics šŸ’¼šŸ¤–

lawyers have an ethical duty when using ai in their work!

The integration of AI into lawyers' email systems presents both exciting opportunities and significant challenges. As legal professionals navigate this technological frontier, we must carefully weigh the benefits against potential ethical pitfalls.

Advantages of AI in Legal Email šŸ“ˆ

AI-powered email tools offer numerous benefits for law firms:

  • Enhanced efficiency through automation of routine tasks

  • Improved client service and satisfaction

  • Assistance in drafting responses and suggesting relevant case law

  • Flagging important deadlines

  • Improved accuracy in document review and contract analysis

These capabilities allow lawyers to focus on high-value work, potentially improving outcomes for clients and minimizing liabilities for law firms.

AI Email Assistants šŸ–„ļø

Several AI email assistants are available for popular email platforms:

  1. Microsoft Outlook:

    • Copilot for Outlook: Enhances email drafting, replying, and management using ChatGPT.

  2. Apple Mail:

  3. Gmail:

    • Gemini 1.5 Pro: Offers email summarization, contextual Q&A, and suggested replies.

  4. Multi-platform:

Always Proofread Your Work and Confirm Citations!

🚨

Always Proofread Your Work and Confirm Citations! 🚨

Ethical Considerations and Challenges 🚧

Confidentiality and Data Privacy

The use of AI in legal email raises several ethical concerns, primarily regarding the duty of confidentiality outlined in ABA Model Rule 1.6. Lawyers must ensure that AI systems do not compromise client information or inadvertently disclose sensitive data to unauthorized parties.

To address this:

lawyers should always check their work; especially when using AI!

  1. Implement robust data security measures

  2. Understand AI providers' data handling practices

  3. Review and retain copies of AI system privacy policies

  4. Make reasonable efforts to prevent unauthorized disclosure

Competence (ABA Model Rule 1.1)

ABA Model Rule 1.1, particularly Comment 8, emphasizes the need for lawyers to understand the benefits and risks associated with relevant technology. This includes:

  • Understanding AI capabilities and limitations

  • Appropriate verification of AI outputs (Check Your Work!)

  • Staying informed about changes in AI technology

  • Considering the potential duty to use AI when benefits outweigh risks

The ABA's Formal Opinion 512 further emphasizes the need for lawyers to understand the AI tools they use to maintain competence.

Client Communication

Maintaining the personal touch in client communications is crucial. While AI can streamline processes, it should not replace nuanced, empathetic interactions. Lawyers should:

  1. Disclose AI use to clients

  2. Address any concerns about privacy and security

  3. Consider including AI use disclosure in fee agreements or retention letters

  4. Read your AI-generated/assisted drafts

Striking the Right Balance āš–ļø

To ethically integrate AI into legal email systems, firms should:

  1. Implement robust data security measures to protect client confidentiality

  2. Provide comprehensive training on AI tools to ensure competent use

  3. Establish clear policies on when and how AI should be used in client communications

  4. Regularly review and audit AI systems for accuracy and potential biases

  5. Maintain transparency with clients about the use of AI in their matters

  6. Verify that AI tools are not using email content to train or improve their algorithms

Ai is a tool for work - not a replacement for final judgment!

By carefully navigating ā›µļø these considerations, lawyers can harness the power of AI to enhance their practice while upholding their ethical obligations. The key lies in viewing AI as a tool to augment šŸ¤– human expertise, not replace it.

As the legal profession evolves, embracing AI in email and other systems will likely become essential for remaining competitive. However, this adoption must always be balanced against the core ethical principles that define the practice of law.

And Remember, Always Proofread Your Work and Confirm Citations BEFORE Sending Your E-mail (w Use of AI or Not)!!!

šŸŽ™ļøEp. 106: How Lawyers Can Protect Client Data in the Age of AI - A conversation with Erich Dylus!

Our next guest is Erich Dylus, an attorney and programmer who founded Varia Law, a consulting and programming firm focused on autonomous technology, and CamoText, a fully offline text anonymization tool for secure and compliant AI workflows. In this episode, Erich shares practical strategies for protecting client data in the age of AI, explains how CamoText helps lawyers anonymize sensitive information before using large language models (LLMs), and outlines best practices for maintaining confidentiality. He also offers clear advice on choosing the right AI LLM for specific legal tasks.

Tune in for actionable tips and expert insights on safeguarding privacy while leveraging AI in legal practice and more!

Enjoy!

Join Erich and me as we talk about the following questions and more!

What is our guest's top three tips for maintaining privacy and security when using messaging apps like Signal, WhatsApp, Telegram, Messages, etc.?

What are the top three ways CamoText helps lawyers ensure they maintain their clients’ PII?

What is our guest's top three specific ways for solo or small firm lawyers (or maybe any entrepreneur, for that matter) to use LLMs 

In our conversation, we cover:

[00.37] Tech Setup - Erich’s current tech setup.

[04.46] Messenging - The top three privacy and security maintenance tips for messaging apps.

[10.26] Suspicious Links - The importance of being suspicious about links and files received in messaging apps.

[11.45] CamoText – Erich explains the origin of CamoText.

[15.32] Personally Identifiable Information – CamoText’s features for reducing privacy risks.

[21.43] LLM – Erich’s concerns and suggestions for using LLMs (Large Language Models).

[24.32] Recommendations – Erich shares his recommendations for different LLMs, highlighting their strengths and typical uses.

Resources

Connect with Erich Dylus

LinkedIn - linkedin.com/in/erich-dylus/

                  linkedin.com/company/camotext/

                  linkedin.com/company/varia-law/

Website - camotext.ai/

varia.law/            

Equipment Mentioned in the Podcast

Software & Services Mentioned in the Podcast

🚨 BOLO: Critical Windows OS Update - Lawyers, Secure Your Data Now! šŸ›”ļø

Lawyers make sure your computer’s operating system is secure and up-to-date!

Attention legal professionals: Microsoft's February 2025 Patch is crucial. This update fixes 55 security flaws, including four zero-day vulnerabilities. Two of these have been actively exploited, potentially compromising client data. One flaw allows file deletion, while another grants system privileges to attackers. Protect your practice and client information by updating immediately. The ABA Model Rules of Professional Conduct requires it! See Rule 1.1[8].

Navigate to Start > Settings > Windows Update and select "Check for Windows updates.ā€

Remember, maintaining technological competence is an ethical duty. Stay vigilant and prioritize cybersecurity to safeguard your legal practice. šŸ’¼šŸ”’

🚨 MTC: Government Backdoors - A Looming Threat to Attorney-Client Privilege and Data Security šŸ”

Legal Cyber Balance: Safeguarding Client Data While Navigating Government Backdoors and Cyber Threats šŸšŖšŸ’»āš–ļø

The UK government's recent demand for Apple to create a backdoor to iCloud accounts worldwide has sent shockwaves through the legal community. This unprecedented move raises serious concerns for lawyers on both sides of the Atlantic, particularly regarding their ethical obligations to maintain client confidentiality and safeguard sensitive information.

As attorneys, we have a fundamental duty to protect our clients' confidences. The American Bar Association's Model Rule 1.6 explicitly states that lawyers must make "reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client". Similarly, the UK's Solicitors Regulation Authority emphasizes the importance of maintaining client confidentiality.

However, government-mandated backdoors pose a significant threat to these ethical obligations. If implemented, such measures would essentially create a vulnerability that could be exploited not only by law enforcement but also by malicious actors. This puts attorneys in an impossible position: How can we fulfill our duty to safeguard client information when the very systems we rely on are compromised?

Moreover, the implications of such backdoors extend far beyond individual privacy concerns. The attorney-client privilege, a cornerstone of our legal system, could be severely undermined. This privilege exists to encourage open and honest communication between lawyers and their clients, which is essential for effective legal representation. If clients fear that their confidential discussions may be accessed by government agencies, it could have a chilling effect on their willingness to disclose crucial information.

Cybersecurity Crossroads: US & UK Government Interests vs. Hackers vs. Attorney-Client Privilege – The Legal Tightrope in the Digital Age šŸŒšŸ”’

To address these challenges, lawyers must take proactive steps to enhance their cybersecurity measures. As discussed in The Tech-Savvy Lawyer.Page Podcast Episode 93, Revolutionizing Law Practice. How Alexander Pakin Leverages Tech šŸ–„ļø for Legal Success! (Part I & Part II), updating security protocols are essential practices for modern law firms. Recall, the ABA MRPC 1.1[8] requires attorneys to be up to date in their use of technology. Additionally, attorneys should consider on-premises storage solutions with zero-trust data access to maintain control over sensitive client data.

It's crucial for legal professionals to stay informed about these developments and advocate for policies that protect client confidentiality. Bar associations and legal organizations should take a strong stance against government-mandated backdoors, emphasizing the potential risks to the justice system and individual rights.

As we navigate this complex landscape, it's clear that the intersection of technology, privacy, and legal ethics will continue to present challenges. However, by remaining vigilant and adapting our practices to meet these challenges, we can uphold our professional responsibilities and protect the fundamental rights of our clients in the digital age.

MTC

Editorial Follow Up - From Apple Intelligence’s Inaccurate News Summarization of BBC News, to BBC’s Study on AI’s Accuracy Problem: What Lawyers Must Know After this Study šŸ“¢āš–ļø

Lawyers must keep a critical eye on the AI they use in their work - failure to do so could lead to violations of the MRPC!

Earlier, we discussed how "Apple Intelligence, made headlines for all the wrong reasons when it generated a false news summary attributed to the BBC šŸ“°āŒā€.  Now, a recent BBC study has exposed serious flaws in AI-generated news summaries, confirming what many tech-savvy lawyers feared—AI can misinterpret crucial details. This raises a significant issue for attorneys relying on AI tools for legal research, document review, and case analysis.

As highlighted in our previous coverage, Apple’s AI struggles demonstrate the risks of automated legal processes. The BBC’s findings reinforce that while AI is a valuable tool, lawyers cannot blindly trust its outputs. AI lacks contextual understanding, often omits key facts, and sometimes distorts information. For legal professionals, relying on inaccurate AI-generated summaries could lead to serious ethical violations or misinformed case strategies. (Amazingly, the sanctions I’ve reported from Texas and New York seem light thus far.)

The ABA Model Rules of Professional Conduct emphasize that lawyers must ensure the accuracy of information used in their practice. See MRPC Rule 3.3: Candor Toward the Tribunal. This means AI-assisted research should be cross-checked against primary sources. Additionally, attorneys should understand how their AI tools function—what data they use, their limitations, and potential biases. See MRPC 1.1[e].

Human oversight by lawyers over the ai they use is a cornerstone to maintaining accuracy in their and ethical compliance with the Bar!

To mitigate risks, legal professionals should:
āœ… Verify AI-generated content before using it in legal work.
āœ… Choose AI solutions designed for legal practice, not general news or business applications, e.g., LawDroid.
āœ… Stay updated on AI advancements and legal technology ethics, and stay tuned to The Tech-Savvy Lawyer.Page Blog and Podcast for the latest news and commentary on AI’s impact on the practice of law and more!
āœ… Advocate for AI transparency, ensuring tech providers disclose accuracy rates.

The legal field is evolving, and AI will continue to play a role in law practice. However, as the BBC study highlights, human oversight remains essential. Lawyers who embrace AI responsibly—without over-relying on its outputs—will be best positioned to leverage technology ethically and effectively.

MTC

MTC: šŸ”’ 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 ā€œreasonable precautionsā€ 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 ā€œbenefits and risks associated with relevant technologyā€. 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 āœ…

Avoid these critical mistakes:  

Not all nefarious tech interlopers wear masks! Keep your tech secure!

āŒ Assume ā€œquickā€ errands are harmless. Even 30 seconds unlocked can compromise data.

āŒ Use unsecured public networks without a VPN.  

āŒ Skip software updates, leaving devices vulnerable to exploits.  

āŒ Store sensitive data locally without encryption or cloud backups.

āŒ Use someone’s unsecured technology for malicious means or even for a prank.

Secure Your Practice: Best Practices  

  1. Enable automatic screen locks (under 5 minutes of inactivity).  

  2. Adopt encryption for emails and files containing client data.  

  3. Train staff on phishing scams and physical security protocols.  

  4. 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 ā€œharmlessā€ 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. šŸ”’  

MTC

Word of the Week: "Zoom Mullets" in Legal Practice!

Zoom Mullets: Balancing Comfort & Courtroom Credibility āš–ļøšŸ’»"

Office mullets can be a Wardrobe option for work - just make sure it’s appropriate and that you can’t be seen below the belt!

 The "Zoom mullet"—professional tops paired with casual bottoms during virtual meetings—has become a staple for remote legal work. While 75% of professionals adopt this hybrid attire šŸ•“ļøšŸ‘–, its impact on courtroom decorum demands scrutiny. James ā€œJamieā€ Holland II, featured on *The Tech-Savvy Lawyer.Page* Podcast Episode #35, pioneered the first fully virtual trial in U.S. history via Zoom šŸ›ļøšŸ’”. His insights reveal:  

ā€œJudges notice attire—even on camera. A wrinkled shirt or unkempt background can subconsciously undermine your credibility.ā€
— Jamie Holland

Key considerations for attorneys:  

You don’t want the judge’s ire if you can be seen dressed inappropriately for court (even through a zoom hearing)!

  • Courtroom protocols: Texas and Michigan courts conducted 1.1 million+ virtual proceedings post-2020, with strict dress codes enforced despite partial visibility.  

  • Tech setup: Holland advises testing cameras/mics pre-hearing and using neutral virtual backgrounds to mask informal spaces.  

🚨Make sure that if you are wearing a Zoom Mullet, the viewer can’t see the bottom half! You don’t want to get in trouble with the judge, your client, or the bar!

šŸ“¢ Shout out to previous podcast guest Wendy Meadows for illuminating me on this word! šŸ¤—

šŸŽ™ļø Ep. 105: Cat Moon on Mindsets, Tech, and The Future Of Law!

Meet Cat Moon, Co-Director of the Vanderbilt AI Law Lab, legal educator, and a leading innovator in legal tech.

Today, Cat shares strategies to encourage lawyers and students to embrace innovation, emphasizing the importance of curiosity, collaboration, and experimentation. She discusses handling resistance to technology, cultivating critical tech mindsets, and tailoring tools to individual needs. Cat highlights her favorite platforms, such as ChatGPT and Slack. She also explores emerging technologies such as generative AI and quantum computing and underscores lawyers' ethical responsibilities in using tech.

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

  1. What are the top three strategies that you have found most effective for encouraging lawyers and law students to embrace technological innovation?

  2. Based on your experience working with both practicing attorneys and law students, what do you think are the most critical tech skills lawyers need to develop today to stay competitive in the future?

  3. Given your prior and extensive experience, what are your top three emerging technologies you see having the biggest impact on legal, education, and practice in the next five years?

In our conversation, we cover the following:

[01:08] Cat's Tech Setup

[02:58] Cat's Tech Devices and Accessories

[07:35] Strategies for Encouraging Technological Innovation

[10:20] Handling Resistance to Technology

[14:26] Critical Tech Skills for Lawyers

[17:58] Favorite Tech Tools and Tips

[25:11] Emerging Technologies in Legal Education and Practice

[29:36] Ethical Obligations and Technological Reliability

[33:19] Contact Information

Resources:

Connect with Cat:

Hardware mentioned in the conversation:

Software & Cloud Services mentioned in the conversation: