🚨 BOLO: Zoom Remote Access Attacks – Critical Security Alert for Legal Professionals 🚨

Zoom Attack Exposes Lawyers to Major Cyber Risk: Why Vigilance Is Now an Ethical Imperative!

Lawyers need to be able to Spot fake Zoom invites—protect your client data now!

A sophisticated cyberattack targeting Zoom users has recently emerged, with direct implications for lawyers and legal professionals. The attack, detailed by Malwarebytes, involves a crime group dubbed ELUSIVE COMET that lures victims into Zoom meetings and tricks them into granting remote access. This enables the installation of malware and theft of sensitive data, including financial assets and confidential client information, e.g., PII.

How the Attack Works

  • Attackers pose as reputable contacts (e.g., media invitations) and set up Zoom calls.

  • During the meeting, the attacker often sends a remote control request with their camera off, disguising their screen name as “Zoom” to appear legitimate.

  • If the victim approves, the attacker gains full control of the victim’s system, installs malware, and can access files, emails, and even financial accounts.

Why Lawyers Must Be Extra Cautious

Ethical Duties Under ABA Model Rules

You need to be careful who you let into your zoom conferences!

  • Competence (Rule 1.1): Lawyers must provide competent representation, which now explicitly includes technological competence. Comment 8 to Rule 1.1 states:
    To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

  • Confidentiality (Rule 1.6): Attorneys are ethically obligated to protect client information from unauthorized disclosure. Allowing remote access to your device can expose privileged communications, work product, and sensitive client data to malicious actors.

  • Failing to maintain technological competence or safeguard client data can result in ethical violations, malpractice claims, and reputational harm.

Best Practices to Prevent Zoom-Based Attacks

  • Never accept remote control requests from unknown or unverified participants.

  • Use Zoom via your web browser when possible, as the browser version does not support remote control, reducing risk.

  • Enable meeting passwords and waiting rooms to control access.

  • Restrict screen sharing and disable remote control features unless absolutely necessary.

  • Verify all meeting invitations-scrutinize the sender’s identity, and be wary of unsolicited requests, especially those involving media opportunities or unfamiliar contacts.

  • Keep Zoom and all security software updated to address known vulnerabilities.

  • Educate staff and colleagues about the risks and proper protocols for virtual meetings.

What to Do If You Suspect a Breach

You control access—deny hackers, defend your practice.

  • Disconnect from the internet immediately to limit further access.

  • Contact your IT or cybersecurity team and initiate your incident response plan.

  • Notify affected clients and relevant authorities as required by law and ethical rules.

  • Document the incident and steps taken for compliance and potential reporting obligations.

  • Review and update your security protocols to prevent future incidents.

Let’s be careful out there - it could cost you your job or, worse yet, your bar license if you don’t!

Happy Lawyering!!!

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

Zoom Mullets: Balancing Comfort & Courtroom Credibility ⚖️💻"

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 🕴️👖, its impact on courtroom decorum demands scrutiny. James “Jamie” Holland II, featured on *The Tech-Savvy Lawyer.Page* Podcast Episode #35, pioneered the first fully virtual trial in U.S. history via Zoom 🏛️💡. His insights reveal:  

“Judges notice attire—even on camera. A wrinkled shirt or unkempt background can subconsciously undermine your credibility.”
— 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!

📢 Shout out to previous podcast guest Wendy Meadows for illuminating me on this word! 🤗

🏛️ MTC: The Perils of Hot Mics and Hasty Clicks: A Wake-Up Call for Tech-Savvy Lawyers 🚨

Always proofread your e-mails “before” you send them!

In the digital age, lawyers must navigate a minefield of potential ethical pitfalls as they embrace technology in their practice. A recent non-disciplinary admonition of an attorney highlighted by Professor Mike Frisch on the Legal Profession Blog serves as a stark reminder of the dangers lurking in our everyday digital interactions.

The case involved an attorney who faced a non-disciplinary admonition for two separate incidents of inappropriate behavior. 😬 In the first incident, the attorney made inappropriate comments during a June 2023 Aroostook County Unified Criminal Zoom docket call that was overheard by other participants. In a separate event, the attorney sent emails containing perceivably sexist language to a continuing legal education (CLE) provider. These cases vividly illustrate how easily digital missteps can occur in various professional settings and the consequences they can bring.

The Virtual Courtroom Conundrum 🏛️💻

As courts have increasingly adopted virtual proceedings, attorneys must adapt to new norms of professional conduct. The incident during the Zoom docket call highlights the critical importance of maintaining courtroom decorum, even in a virtual setting. It's essential to remember that the same standards of professionalism apply whether you're physically present in a courtroom or appearing via videoconference.

The Zoom Trap 🎥🔊

watch out for hot mic moments when in zoom courtroom hearing!

Zoom and other videoconferencing platforms have become indispensable tools for legal professionals, especially in the wake of the COVID-19 pandemic. However, they also present unique challenges. The line between formal and informal communication can blur, leading to a false sense of privacy or casualness. It's crucial to remember that even when you think you're muted, or your camera is off, there's always a risk of being heard or seen.

💡 TIP: I use a device called “MuteMe.” It’s a big button that is USB-wired to my computer. I have it set for “green” when my mic is “on” and “red” when I’m muted. It’s a clear indicator for me when not to speak less than professionally.

The Email Eternity 📧⏳

Emails and instant messages pose a different but equally significant risk. Unlike verbal conversations, these written communications create a permanent record that can be easily forwarded, screenshotted, or retrieved long after you've clicked "send." What might seem like a harmless quip or offhand remark at the moment can come back to haunt you months or even years later.

Ethical Implications 🤔⚖️

e-mails with inappropriate comments or language can take a life of their own - they live forever on the internet!!!

The ABA Model Rules of Professional Conduct require lawyers to maintain client confidentiality and to avoid conduct that could prejudice the administration of justice. While these rules don't impose strict liability for technology use, they do expect lawyers to exercise reasonable care. This includes being mindful of the potential for inadvertent disclosure or inappropriate behavior in digital spaces.

Best Practices for Tech-Savvy Lawyers 📚💼

  1. Assume you're always "on": Treat every virtual court proceeding and Zoom meeting as if your microphone and camera are live at all times. 🎙️👀

  2. Think before you type: Before sending any electronic communication, ask yourself if you'd be comfortable with it being read aloud in court. 💭✍️

  3. Use secure platforms: Ensure that the technology you're using meets appropriate security and privacy standards. 🔒🛡️

  4. Educate yourself: Stay informed about the latest developments in legal technology ethics and court rules for virtual proceedings. 📚🧠

  5. Implement safeguards: Use features like waiting rooms and passwords for Zoom meetings to prevent unauthorized access. 🚪🔑

learn from others mistakes!

The incidents highlighted by Professor Frisch serve as valuable learning opportunities for all legal professionals. They remind us that in our increasingly digital world, the boundaries between professional and personal, public and private, are more porous than ever.

As we continue to embrace technology in our legal practice, we must remain vigilant about our ethical obligations. The convenience and efficiency offered by digital tools should never come at the expense of professionalism and integrity. By staying mindful of the potential risks and implementing best practices, we can harness the power of technology while upholding the highest standards of our profession.

Final Thoughts 🧐

Being a tech-savvy lawyer isn't just about knowing how to use the latest tools—it's about using them wisely and ethically. Let this serve as a reminder to all of us to pause, think, and double-check before we unmute that mic or hit that send button, whether in a virtual courtroom or in our daily communications.

MTC

Happy Lawyering! 😊⚖️🖥️

Monday Morning Humor: Dumb Ways to Use Technology In Court . . . 😱

One of the pillars of Zooming into a hearing that I impress on everyone is to be weary of what is behind you. Avoid having a messy kitchen, bedroom, inappropriate pictures, or any scenery that might be offensive or off-putting to others. Apparently, this gentleman did not get the memo about not committing the very violation he is being brought to court for while attending his Zoom hearing. 🙄