Shout Out: Unlock AI's Potential with Ethics Expertise 🚀💻

Keep up with the constant changing world of AI and Legal ethics!

In the rapidly evolving legal landscape, embracing artificial intelligence (AI) is no longer optional—it's essential 🌟. The upcoming AI and Legal Ethics: A Risk-Benefit Analysis 2025 webinar offers a unique opportunity for lawyers to enhance their practice while navigating the complex ethical considerations surrounding AI use 📚. Join Hilary P. Gerzhoy and Julienne Pasichow of HWG LLP delve into critical areas such as competence in technology, supervision of AI tools, reasonable fees, confidentiality, truth in advertising, and client communication standards 📊.

By attending this webinar, you'll gain practical insights into integrating AI responsibly, ensuring compliance with professional conduct standards, and staying ahead in the legal tech revolution 🚀. Whether you're looking to improve efficiency, enhance client services, or simply stay updated on the latest legal tech trends, this event is a must-attend for any forward-thinking lawyer 🚀.

You can attend this information packed cle virtually!

Don't miss out! Register now and elevate your legal practice with AI expertise 💻👉 https://dcbar.inreachce.com/Details/Information/11092a42-cde2-426d-9dbf-25f270b2df09

I hope to “virtually” see you there!

Shout Out! Your Award-Winning Blogger and Podcaster will be Presenting at the 2025 ABA Techshow!

The Aba techshow is the place to be for the intersection of technology and the practice of law - tech will not replace you but if you don’t use the right tech in your practice you could be left behind by those who do!

Hey everyone! Next week, I’ll be co-presenting with ABA Techshow Co-Chair Patrick Wright!

We’ll be presenting on “Innovations in Client Intake: Leveraging Technology for Better Outcomes” and “How to Leverage Video to Build Your Brand, Dominate SEO, and Attract the Best Clients.”

I can’t wait to see everyone there! Remember, if you tell me at the conference that you follow The Tech-Savvy Lawyer.Page and The Tech-Savvy Lawyer.Page Podcast, I’ll send you a free The Tech-Savvy Lawyer.Page Mug!*

* Limit one per person: Previous recipients from any prior appearance or as a guest on The Tech-Savvy Lawyer.Page Podcast are not eligible for to receive an additional mug. Sorry!

MTC: ⚖️ ChatGPT and the Supreme Court: Two Years of Progress in Legal AI ⚖️

What can we learn about the evolution of generative aI in its ever growing analysis of the supreme court?

Ed Bershitskiy’s recent SCOTUSblog article, “We’re not there to provide entertainment. We’re there to decide cases,” offers a compelling analysis of how ChatGPT has evolved since its launch in 2023, particularly in its application to Supreme Court-related questions. The article highlights both the successes and shortcomings of AI models, providing valuable insights for legal professionals navigating this rapidly advancing technology.

In 2023, the original ChatGPT model answered only 42% of Supreme Court-related questions correctly, often producing fabricated facts aka “hallucinations” and errors. Fast forward to 2025, newer models like GPT-4o, o3-mini, and o1 have demonstrated significant improvements. For instance, o1 answered an impressive 90% of questions correctly, showcasing enhanced accuracy and nuanced understanding of complex legal concepts such as non-justiciability and the counter-majoritarian difficulty. Krantz’s analysis also underscores the importance of verifying AI outputs, as even advanced models occasionally produce mistakes or hallucinations.

Always Check Your Work When Using Generative AI - It Can Create Hallucinations!

🚨

Always Check Your Work When Using Generative AI - It Can Create Hallucinations! 🚨

The article compares three distinct AI models: GPT-4o is detail-oriented but prone to overreach; o3-mini is concise but often incomplete; and o1 strikes a balance between depth and precision. This comparison is particularly relevant for legal professionals seeking tools tailored to their needs. For example, GPT-4o excels at generating detailed narratives and tables, while o1 is ideal for concise yet accurate responses.

Lawyers are not going to be replaced by ai but those lawyers who do not know how to use ai in their practice and mindful of its constant changes will be left behind!

Krantz also explores how the line between search engines and AI-powered tools is blurring. Unlike traditional search engines, these AI models analyze queries contextually, offering more comprehensive answers. However, legal practitioners must exercise caution when relying on AI for research or drafting to ensure ethical compliance and factual accuracy - in other words, always check your work when using AI!

As AI continues to evolve, its role in legal practice is becoming indispensable. By understanding its strengths and limitations, lawyers can leverage these tools effectively while safeguarding against potential risks. Krantz’s article provides a detailed roadmap for navigating this technological transformation in law.

PS: I can’t stress enough to always check your work when using AI!

Happy Lawyering!

MTC

Shout out to Tom Martin, and His Free! LawDroid AI Conference 2025, The Year of Transformation!

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join tom martin and his guests at the sure to be informative “Lawdroid conference 2025”!

Tom Martin, a previous guest on The Tech-Savvy Lawyer.Page Podcast is pioneering groundbreaking innovations in legal practice through his work with LawDroid, leveraging AI to transform the industry 🤖💻. Join his upcoming Zoom event on March 19 & 20 to explore AI-driven solutions for law professionals and learn from experts like Tom and other previous The Tech-Savvy Lawyer.Page Podcast guests including Nikki Black, Carolyn Elefant, Jane Reardon & Damien Riehl.

Register now! 📈💼

MTC: Editorial: "Masters of Their Domain: Why Lawyers Must Control Their Firm's Online Presence" 📊💻

Lawyers are the first line defenders of their online reputation by owning their firm’s domain name!

In today's digital age, having a strong online presence is crucial for law firms. One often overlooked aspect of this presence is their (e-mail/website) domain name ownership. Lawyers should be aware of who owns their firm's domain name, as it can have significant legal implications, especially if the firm splits or even if a solo practitioner is involved. I’d like to discuss the importance of domain name ownership, the risks associated with using website builders like Wix, Squarespace* or LawLytics and how lawyers can independently purchase and manage their domain names to ensure flexibility and security.

Importance of Domain Name Ownership

Domain names are more than just web addresses; they are valuable assets that can significantly impact a firm's identity and reputation. When a law firm splits, disputes over domain name ownership can arise, leading to potential legal battles. For instance, if one partner retains the domain name, it could cause confusion among clients and hinder the ability of other partners to establish their new practices effectively 🤝. Recently attorneys in a (former) firm in Kansas had a similar dispute that led to litigation. Thus, it is essential for lawyers to ensure they have control over their domain names from the outset.

Risks with Website Builders

Using website builders like Squarespace* or LawLytics services can simplify the process of creating a website, but it often comes with a hidden cost: potential loss of domain name ownership. When you register a domain through these platforms, you might not fully own the domain. Squarespace*, for example, acts as a middleman, facilitating domain registration but not retaining ownership 📈. However, if you rely solely on their services, you could face issues if you decide to switch providers. This is why it's prudent to purchase and manage your domain name independently (and likely before you go public with your site through one of these builders).

Independent Domain Name Management

Lawyers need to be savvy about using website builders and who owns the site’s domain name

To maintain control over your domain name, it's advisable to register it through a registrar like GoDaddy, hover* or Namecheap. This allows you to manage your domain settings, transfer it to different web hosts, and ensure continuity even if you change website builders 🚀. Here’s how you can do it:

1. Choose a Registrar: Select a reputable domain registrar where you can purchase your domain name.

2. Register Your Domain: Ensure the domain is registered in your name with your contact information.

3. Set Up DNS: Configure your DNS settings to point to your desired web host.

4. Transfer if Needed: If you switch web hosts, you can easily transfer your domain without losing control.

Legal Implications

Legal implications arise when domain name ownership is not clearly established. Disputes can lead to costly legal battles, especially if cybersquatting or trademark infringement is involved 🚫. The Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA) provide frameworks for resolving such disputes, but prevention is always better than cure. By owning your domain name outright and from the start, you avoid potential conflicts and protect your firm's online identity.

Final Thoughts

The type of domain, .e.g., “.com”, “.biz”, “.law”, etc., can help identify the type of business you have.

Lawyers must prioritize domain name ownership to safeguard their firm's online presence and avoid potential legal issues. By understanding the risks associated with website builders and taking steps to independently manage their domain names, lawyers can ensure they remain masters of their digital domain 🌐.

Happy Lawyering!

MTC

WOW: 🌐 DNS: The Internet's Phonebook and Why Lawyers Need to Know It! 📚

🛡️ Protect your firm, learn your DNS 🛡️.

Following The Tech-Savvy Lawyer.Page Podcast Episode 🎙️ Ep. 104: The Importance of Data Backup & Cybersecurity w "Mr. Backup", Curtis Preston!, I realize it might be beneficial to explain what “DNS” means:

Imagine you want to visit a friend's house, but instead of using their street address, you only know their name. To find their house, you would need a directory that translates names into addresses. Similarly, when you type a website's domain name into your browser, like "example.com," your computer doesn't understand it. That's where the Domain Name System (DNS) comes in, acting as a translator between human-readable domain names and computer-friendly IP addresses 📊. 

DNS is like a phonebook for the internet, converting domain names into IP addresses that computers can understand, allowing you to access websites without memorizing complex IP addresses like the one for The Tech-Savvy Lawyer.Page, which would be its unique IP address if it were publicly available 📈.

For lawyers, understanding DNS is essential for maintaining a robust online presence, particularly when it comes to their firm's website 🌐. DNS plays a key role in website performance and security, impacting how quickly and securely clients can access legal services online 🚀.

Why DNS Matters for Lawyers:

💼 Lawyer by day, DNS master by night! 🦸‍♂️

• Performance Optimization: Techniques like DNS prefetching can significantly improve website loading times, enhancing user experience and SEO rankings 📈.

• Security: DNS security measures, such as DNS firewalls and DNSSEC, protect against cyber threats like DNS spoofing and hijacking, safeguarding client data and trust 🛡️.

• Reliability: Ensuring DNS records are correctly set up, especially CNAME records for CDNs, ensures efficient content delivery and minimizes downtime 📈.

In today's digital age, lawyers must be aware of DNS to ensure their online platforms are both fast and secure, providing a seamless experience for potential clients 🌟. Moreover, understanding DNS can help lawyers troubleshoot common issues with their website, such as slow loading times or unexpected errors, by identifying problems in DNS resolution or configuration 🚨.

Happy Lawyering!

Shout Out to Jeff Richardson sharing how Lawyers' New Best Friend is the iPad Air (M3) Review!

Kudos to the previous Tech-Savvy Lawyer.Page Podcast guest Jeff Richardson for his insightful review of the new iPad Air (M3) 📱👏! This device is a game-changer for lawyers, offering enhanced speed and features like Apple Pencil Pro support 🖋️. Perfect for legal professionals seeking efficiency and productivity 📈

Note that while I have an iPad Pro (M4) 😲, that may be a little much for the average lawyer/user. But in the end, get what fits your needs best! 😌

MTC: Navigating the Legal Landscape of DOGE: Lessons for Lawyers from Ongoing Litigation 🚀

many are worried doge is mishandling citizens’ pii!

The recent involvement of Elon Musk's Department of Government Efficiency (DOGE) in accessing sensitive government databases has sparked a wave of lawsuits, raising significant concerns about data privacy and security 🚨. For lawyers, these legal challenges offer valuable insights into how to protect your clients’ personally identifiable information (PII) in light of DOGE's actions. I’d like to share some of the key takeaways from these lawsuits and explore how lawyers can apply these lessons to safeguard sensitive data, focusing on the ABA Model Rules and best practices for data protection.

Understanding the Legal Challenges:

At least a dozen lawsuits have been filed to stop DOGE from accessing tax records, student loan accounts, and other troves of personal data, often invoking the Privacy Act of 1974 📜. Created in response to the Watergate Scandal, this law restricts the sharing of sensitive information without consent, making it a crucial tool for plaintiffs seeking to limit DOGE's access to personal data 📝.

Legal and Ethical Responsibilities

Lawyers have a legal duty to protect client confidentiality, as outlined in ABA Model Rule 1.6 📜. This rule prohibits revealing information related to a client's representation unless exceptions apply, such as informed client consent or implied authorization to carry out the representation 📝. The duty of confidentiality extends beyond attorney-client privilege, covering all information related to the representation, regardless of its source 🌐.

Key Takeaways for Lawyers

are you ready to help protect your client'S DATA IF THE GOVERNMENT BREACHES Their pii?

1. Privacy Act of 1974: Lawyers should be aware of the Privacy Act's provisions, which prohibit unauthorized disclosure of personal information from federal systems of records 📊. This law is being used to challenge DOGE's access to sensitive data, highlighting its importance in protecting client confidentiality 🚫.

2. Standing and Harm: Courts have often ruled that plaintiffs must demonstrate irreparable harm to succeed in these lawsuits 📝. Lawyers should ensure that their clients can establish a clear risk of harm if seeking injunctive relief against similar data access efforts 🚨.

3. Data Security Protocols: The lawsuits emphasize the need for robust data security measures to prevent unauthorized access. Lawyers should implement strong encryption and access controls to protect client data, as suggested by ABA Formal Opinion 483, which emphasizes the duty to notify clients of data breaches and take reasonable steps to safeguard confidential information 🔒.

4. Compliance with Data Protection Regulations: Beyond the Privacy Act, lawyers must comply with other data protection laws such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and The Personal Information Protection and Electronic Documents Act (PIPEDA) 🌎. Ensuring compliance with these regulations can help prevent unauthorized disclosures and maintain client trust 📨.

5. Transparency and Consent: The lawsuits highlight the importance of transparency and consent in handling personal information. Lawyers should ensure that clients are informed about how their data is used and processed, as required by ABA Model Rule 1.4, which mandates explaining matters to the extent necessary for clients to make informed decisions regarding the representation 📝.

Lessons from Specific Lawsuits:

Multiple law suits have been filed to enusre doge is not misusing pii - are your client’s pii at risk?

• Social Security Data Access: A lawsuit by labor unions seeks to prevent DOGE from accessing Social Security data, citing concerns about privacy protocols and the lack of clarity regarding DOGE's intentions 📊. This case underscores the need for clear policies on data access and use, aligning with ABA Model Rule 1.6, which requires lawyers to protect client information unless exceptions apply 📜.

• IRS Taxpayer Data: Privacy advocates have filed a lawsuit to block DOGE from accessing IRS taxpayer data, emphasizing the need to protect sensitive financial information 📊. This highlights the importance of safeguarding client financial data, consistent with ABA Model Rule 1.6, which prohibits revealing information related to client representation without consent 📝.

Implementing Best Practices

To safeguard client data effectively, lawyers should:

1. Conduct Regular Audits: Regularly review data handling practices to ensure compliance with privacy regulations and ethical standards 📊.

2. Enhance Data Security: Implement robust data encryption and access controls to protect client information, aligning with ABA Model Rule 1.6's requirement to prevent unauthorized disclosure 🔒.

3. Stay Informed: Keep up-to-date with legal developments and court rulings related to DOGE's access to sensitive data, ensuring compliance with ABA Model Rules 1.1 and 1.1[8], which requires lawyers to stay abreast of the benefits and risks associated with technology used in client services 📰.

Final Thoughts

The ongoing litigation surrounding DOGE provides valuable lessons for lawyers on protecting clients and personally identifiable information. By understanding legal obligations, implementing robust data security measures, and complying with data protection regulations, lawyers can uphold the trust that is fundamental to the client-lawyer relationship 💼.

Word (or Acronym) of the Week: Advanced Data Protection (ADP) 🔐

Advanced Data Protection (ADP) is Apple's robust end-to-end encryption feature for iCloud data. It ensures only the account holder can access their information, including photos, notes, and backups. ADP elevates user privacy by rendering data inaccessible even to Apple itself. This heightened security measure is crucial for legal professionals handling sensitive client information. However, ADP's recent removal in the UK due to government pressure highlights the ongoing tension between data privacy and law enforcement access, prompting lawyers to reassess their digital security strategies.

MTC: Apple's UK Retreat - Navigating Client Confidentiality in a Post-ADP World 🌍🔐

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

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 📱💼

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. 🤔

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

Practical Steps for Lawyers 🛡️📊

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 📝🔒

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 🛂🔐

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 🌐⚖️

lawyers need to be aware of other countries security standards when advising their clients who travel internationally! 🌎 🌍 🌏

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 🚀🔐

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