🚨 BOLO: Samsung Budget Phones Contain Pre-Installed Data-Harvesting Software: Critical Action Steps for Legal Professionals

‼️ ALERT: Hidden Spyware in Samsung Phones!

Samsung Galaxy A, M, and F series smartphones contain pre-installed software called AppCloud, developed by ironSource (now owned by Unity Technologies), that harvests user data, including location information, app usage patterns, IP addresses, and potentially biometric data. This software cannot be fully uninstalled without voiding your device warranty, and it operates without accessible privacy policies or explicit consent mechanisms. Legal professionals using these devices face significant risks to attorney-client privilege and confidential client information.

The Threat Landscape

AppCloud runs quietly in the background with permissions to access network connections, download files without notification, and prevent phones from sleeping. The application is deeply integrated into Samsung's One UI operating system, making it impossible to fully remove through standard methods. Users across West Asia, North Africa, Europe, and South Asia report that even after disabling the application, it reappears following system updates.

The digital rights organization SMEX documented that AppCloud's privacy policy is not accessible online, and the application does not present users with consent screens or terms of service disclosures. This lack of transparency raises serious ethical and legal compliance concerns, particularly for attorneys bound by professional responsibility rules regarding client confidentiality.

Legal and Ethical Implications for Attorneys

Under ABA Model Rule 1.6, attorneys must make "reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client". The duty of technological competence under Rule 1.1, Comment 8, requires attorneys to "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology".

The New York Bar's 2022 ethics opinion specifically addresses smartphone security, prohibiting attorneys from sharing contact information with smartphone applications unless they can confirm that no person will view confidential client information and that data will not be transferred to third parties without client consent. AppCloud's data harvesting practices appear to violate both conditions.

Immediate Action Steps

‼️ Act now if you’ve purchased certain samsung phones - your bar license could be in jeopardy!

Step 1: Identify Affected Devices
Check whether you use a Samsung Galaxy A series (A05 through A56), M series (M01 through M56), or F series device. These budget and mid-range models are primary targets for AppCloud installation.

Step 2: Disable AppCloud
Navigate to Settings > Apps > Show System Apps > AppCloud > Disable. Additionally, revoke notification permissions, restrict background data usage, and disable the "Install unknown apps" permission.

Step 3: Monitor for Reactivation
After system updates, return to AppCloud settings and re-disable the application.

Step 4: Consider Device Migration
For attorneys handling highly sensitive matters, consider transitioning to devices without pre-installed data collection software. Document your decision-making process as evidence of reasonable security measures.

Step 5: Client Notification Assessment
Evaluate whether client notification is required under your jurisdiction's professional responsibility rules. California's Formal Opinion 2020-203 addresses obligations following an electronic data compromise.

The Bottom Line

Budget smartphone economics should not compromise attorney-client privilege. Samsung's partnership with ironSource places aggressive advertising technology on devices used by legal professionals worldwide. Until Samsung provides transparent opt-out mechanisms or removes AppCloud entirely, attorneys using affected devices should implement immediate mitigation measures and document their security protocols.

MTC: London's iPhone Theft Crisis: Critical Mobile Device Security Lessons for Traveling Lawyers 📱⚖️

lawyers can learn about cyber mobile security from the recent iphone thefts in london

Recent events in London should serve as a wake-up call for every legal professional who carries client data beyond the office walls. London police recently dismantled a sophisticated international theft ring responsible for smuggling approximately 40,000 stolen iPhones to China in just twelve months. This operation revealed thieves earning up to £300 per stolen device, with phones reselling overseas for as much as $5,000. With over 80,000 phones stolen in London last year alone, this crisis underscores critical vulnerabilities that lawyers must address when working remotely.

The sophistication of these operations is alarming. Criminals on electric bikes snatch phones from unsuspecting victims and immediately wrap devices in aluminum foil to block tracking signals. This industrial-scale crime demonstrates that our mobile devices—which contain privileged communications, case strategies, and confidential client data—are valuable targets for organized criminal networks operating globally.

Your Ethical Obligations Are Clear

ABA Model Rule 1.1 requires lawyers to maintain competence, including understanding "the benefits and risks associated with relevant technology". This duty of technological competence has been adopted by over 40 states and isn't optional—it's fundamental to ethical practice. Model Rule 1.6(c) mandates that lawyers "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client".

When your phone disappears—whether through theft, loss, or border seizure—you face potential violations of these ethical duties. Recent data shows U.S. Customs and Border Protection searched 14,899 devices between April and June 2025, a 16.7% increase from previous surges. Lawyers traveling internationally face heightened risks, and a stolen or searched device can compromise attorney-client privilege instantly.

Essential Security Measures for Mobile Lawyers

Before leaving your office, implement these non-negotiable protections. Enable full-device encryption on all smartphones, tablets, and laptops. For iPhones, setting a passcode automatically enables encryption; Android users must manually activate this feature in security settings. Strong passwords matter—use alphanumeric combinations of at least 12 characters, avoiding easily guessed patterns.

lawyer need to know how to protect their client’s pii when crossing the boarder!

Two-factor authentication (2FA) adds critical protection layers. Even if someone obtains your password, 2FA requires secondary verification through your phone or authentication app. This simple step dramatically reduces unauthorized access risks. Configure remote wipe capabilities before traveling. If your device is stolen, you can erase all data remotely, protecting client information even when physical recovery is impossible.

Disable biometric authentication when traveling internationally. Face ID and fingerprint scanners can be used against you at borders where Fourth Amendment protections are diminished. Restart your device before crossing borders to force password-only access. Consider carrying a "clean" device for international travel, accessing files only through encrypted cloud storage rather than storing sensitive data locally.

Coffee Shops, Airports, and Public Spaces

Public Wi-Fi networks pose serious interception risks. Hackers create fake hotspots with legitimate-sounding names, capturing everything you transmit. As lawyers increasingly embrace cloud-based computing for their work, encryption when using public Wi-Fi becomes non-negotiable

Always use a trusted VPN (Virtual Private Network) when connecting to public networks. VPNs encrypt your internet traffic, preventing interception even on compromised networks. Alternatively, use your smartphone's personal hotspot rather than connecting to public Wi-Fi. Turn off file sharing on all mobile devices. Avoid accessing highly sensitive client files in public spaces altogether—save detailed case work for secure, private connections.

Physical security deserves equal attention. Visual privacy screens prevent shoulder surfing. Position yourself with your back to walls in coffee shops so others cannot observe your screen. Be alert to your surroundings and maintain physical control of devices at all times. Never leave laptops, tablets, or phones unattended, even briefly.

Border Crossings and International Travel

Lawyers crossing international borders face unique challenges. CBP policies permit extensive device searches within 100 miles of borders under the border search exception, significantly reducing Fourth Amendment protections. New York State Bar Association Ethics Opinion 2017-5 addresses lawyers' duties when traveling with client data across borders.

The reasonableness standard governs your obligations. Evaluate whether you truly need to bring confidential information across borders. If travel requires client data, bring only materials professionally necessary for your specific purpose. Consider these strategies: store files in encrypted cloud services rather than locally; use strong passwords and disable biometric authentication; carry your bar card to identify yourself as an attorney if questioned; identify which files contain privileged information before reaching the border.

If border agents demand device access, clearly state that you are an attorney and the device contains privileged client communications. Ask whether the request is optional or mandatory. If agents conduct a search, document what occurred and consider whether client notification is required under Rule 1.4. New York Rule 1.6 requires taking reasonable steps to prevent unauthorized disclosure, with heightened precautions necessary when government agencies are opposing parties.

Practical Implementation Today

Create firm policies addressing mobile device security. Require immediate reporting of lost or stolen devices. Implement Mobile Device Management (MDM) software to monitor, secure, and remotely wipe all connected devices. Conduct regular security awareness training covering email practices, phishing recognition, and social engineering tactics.

Develop an Incident Response Plan before breaches occur. Know which experts to contact, document cybersecurity policies, and establish notification protocols. Under various state laws and regulations like California Civil Code § 1.798.82 and HIPAA's Breach Notification Rule, lawyers may be legally required to notify clients of data breaches.

Lawyers are on the front line of cybersecurity when on the go!

Communicate with clients about security measures. Obtain informed consent regarding electronic communications and any security limitations. Some firms include these discussions in engagement letters, setting clear expectations about communication methods and encryption use.

Stay current with evolving threats. Subscribe to legal technology security bulletins. The Tech-Savvy Lawyer blog regularly covers mobile security issues, including recent coverage of the SlopAds malware campaign that compromised 224 Android applications on Google Play Store. Technology competence requires ongoing learning as threats and safeguards evolve.

The Bottom Line

The London iPhone theft crisis demonstrates that our devices are valuable targets for sophisticated criminal networks operating internationally. Every lawyer who works outside the office—whether at coffee shops, client meetings, or international destinations—must take mobile security seriously. Your ethical obligations under Model Rules 1.1 and 1.6 demand it. Your clients' confidential information depends on it. Your professional reputation requires it.

Implementing these security measures isn't complicated or expensive. Enable encryption. Use strong passwords and 2FA. Avoid public Wi-Fi or use VPNs. Disable biometrics when traveling. Maintain physical control of devices. These straightforward steps significantly reduce risks while allowing you to work effectively from anywhere.

The legal profession has embraced mobile technology's benefits—now we must address its risks with equal commitment. Don't wait for a theft, loss, or border seizure to prompt action. Protect your clients' confidential information today.

MTC

📖 Word of the Week: The Meaning of “Data Governance” and the Modern Law Practice - Your Essential Guide for 2025

Understanding Data Governance: A Lawyer's Blueprint for Protecting Client Information and Meeting Ethical Obligations

Lawyers need to know about “DAta governance” and how it affects their practice of law.

Data governance has emerged as one of the most critical responsibilities facing legal professionals today. The digital transformation of legal practice brings tremendous efficiency gains but also creates significant risks to client confidentiality and attorney ethical obligations. Every email sent, document stored, and case file managed represents a potential vulnerability that requires careful oversight.

What Data Governance Means for Lawyers

Data governance encompasses the policies, procedures, and practices that ensure information is managed consistently and reliably throughout its lifecycle. For legal professionals, this means establishing clear frameworks for how client information is collected, stored, accessed, shared, retained, and ultimately deleted. The goal is straightforward: protect sensitive client data while maintaining the accessibility needed for effective representation.

The framework defines who can take which actions with specific data assets. It establishes ownership and stewardship responsibilities. It classifies information by sensitivity and criticality. Most importantly for attorneys, it ensures compliance with ethical rules while supporting operational efficiency.

The Ethical Imperative Under ABA Model Rules

The American Bar Association Model Rules of Professional Conduct create clear mandates for lawyers regarding technology and data management. These obligations serve as an excellent source of guidance regardless of whether your state has formally adopted specific technology competence requirements. BUT REMEMBER ALWAYS FOLLOW YOUR STATE’S ETHIC’S RULES FIRST!

Model Rule 1.1 addresses competence and was amended in 2012 to explicitly include technological competence. Comment 8 now requires lawyers to "keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology". This means attorneys must understand the data systems they use for client representation. Ignorance of technology is no longer acceptable.

Model Rule 1.6 governs confidentiality of information. The rule requires lawyers to "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client". Comment 18 specifically addresses the need to safeguard information against unauthorized access by third parties. This creates a direct ethical obligation to implement appropriate data security measures.

Model Rule 5.3 addresses responsibilities regarding nonlawyer assistants. This rule extends to technology vendors and service providers who handle client data. Lawyers must ensure that third-party vendors comply with the same ethical obligations that bind attorneys. This requires due diligence when selecting cloud storage providers, practice management software, and artificial intelligence tools.

The High Cost of Data Governance Failures

lawyers need to know the multiple facets of data Governance

Law firms face average data breach costs of $5.08 million. These financial losses pale in comparison to the reputational damage and loss of client trust that follows a security incident. A single breach can expose trade secrets, privileged communications, and personally identifiable information.

The consequences extend beyond monetary damages. Ethical violations can result in disciplinary action. Inadequate data security arguably constitutes a failure to fulfill the duty of confidentiality under Rule 1.6. Some jurisdictions have issued ethics opinions requiring attorneys to notify clients of breaches resulting from lawyer negligence.

Recent guidance from state bars emphasizes that lawyers must self-report breaches involving client data exposure. The ABA's Formal Opinion 483 addresses data breach obligations directly. The opinion confirms that lawyers have duties under Rules 1.1, 1.4, 1.6, 5.1, and 5.3 related to cybersecurity.

Building Your Data Governance Framework

Implementing effective data governance requires systematic planning and execution. The process begins with understanding your current data landscape.

Step One: Conduct a Data Inventory

Identify all data assets within your practice. Catalog their sources, types, formats, and locations. Map how data flows through your firm from creation to disposal. This inventory reveals where client information resides and who has access to it.

Step Two: Classify Your Data

Not all information requires the same level of protection. Establish a classification system based on sensitivity and confidentiality. Many firms use four levels: public, internal, confidential, and restricted.

Privileged attorney-client communications require the highest protection level. Publicly filed documents may still be confidential under Rule 1.6, contrary to common misconception. Client identity itself often qualifies as protected information.

Step Three: Define Access Controls

Implement role-based access controls that limit data exposure. Apply the principle of least privilege—users should access only information necessary for their specific responsibilities. Multi-factor authentication adds essential security for sensitive systems.

Step Four: Establish Policies and Procedures

Document clear policies governing data handling. Address encryption requirements for data at rest and in transit. Set retention schedules that balance legal obligations with security concerns. Create incident response plans for potential breaches.

Step Five: Train Your Team

The human element represents the greatest security vulnerability. Sixty-eight percent of data breaches involve human error. Regular training ensures staff understand their responsibilities and can recognize threats. Training should cover phishing awareness, password security, and proper data handling procedures.

Step Six: Monitor and Audit

Continuous oversight maintains governance effectiveness. Regular audits identify vulnerabilities before they become breaches. Review access logs for unusual activity. Update policies as technology and regulations evolve.

Special Considerations for Artificial Intelligence

The rise of generative AI tools creates new data governance challenges. ABA Formal Opinion 512 specifically addresses AI use in legal practice. Lawyers must understand whether AI systems are "self-learning" and use client data for training.

Many consumer AI platforms retain and learn from user inputs. Uploading confidential client information to ChatGPT or similar tools may constitute an ethical violation. Even AI tools marketed to law firms require careful vetting.

Before using any AI system with client data, obtain informed consent. Boilerplate language in engagement letters is insufficient. Clients need clear explanations of how their information will be used and what risks exist.

Vendor Management and Third-Party Risk

Lawyers cannot delegate their ethical obligations to technology vendors. Rule 5.3 requires reasonable efforts to ensure nonlawyer assistants comply with professional obligations. This extends to cloud storage providers, case management platforms, and cybersecurity consultants.

Before engaging any vendor handling client data, conduct thorough due diligence. Verify the vendor maintains appropriate security certifications like SOC 2, ISO 27001, or HIPAA compliance. Review vendor contracts to ensure adequate data protection provisions. Understand where data will be stored and who will have access.

The Path Forward

lawyers need to advocate data governance for their clients!

Data governance is not optional for modern legal practice. It represents a fundamental ethical obligation under multiple Model Rules. Client trust depends on proper data stewardship.

Begin with a realistic assessment of your current practices. Identify gaps between your current state and ethical requirements. Develop policies that address your specific risks and practice areas. Implement controls systematically rather than attempting wholesale transformation overnight.

Remember that data governance is an ongoing process requiring continuous attention. Technology evolves. Threats change. Regulations expand. Your governance framework must adapt accordingly.

The investment in proper data governance protects your clients, your practice, and your professional reputation. More importantly, it fulfills your fundamental ethical duty to safeguard client confidences in an increasingly digital world.

🎙️ Ep. 122: Cybersecurity Essentials for Law Firms: Proven Strategies from Navy Veteran & Attorney Cordell Robinson

My next guest is Cordell Brion Robinson, CEO of Brownstone Consulting Firm and a decorated US Navy veteran who brings an extraordinary combination of expertise to cybersecurity. With a background in Computer Science, Electrical Engineering, and law, plus experience as a Senior Intelligence Analyst, Cordell has created cybersecurity programs that comply with the National Institute of Standards and Technology, the Federal Information Security Management Act, and the Office of Management and Budget standards for both government and commercial organizations. His firm specializes in compliance services, performing security framework assessments globally for commercial and government entities. Currently, he's innovating the cybersecurity space through automation for security assessments. Beyond his professional accomplishments, Cordell runs the Shaping Futures Foundation, a nonprofit dedicated to empowering youth through education, demonstrating his commitment to giving back to the community.

Join Cordell Robinson and me as we discuss the following three questions and more! 🎙️

1. What are the top three cybersecurity practices that lawyers should immediately adopt to secure both client data and sensitive case material in their practice?

2. From your perspective as both a legal and cybersecurity expert, what are the top three technology tools or platforms that can help lawyers streamline compliance and governance requirements in a rapidly evolving regulatory environment?

3. What are the top three steps lawyers can take to overcome resistance to technology adoption in law firms, ensuring these tools actually improve outcomes and efficiency rather than just adding complexity

In our conversation, we cover the following: ⏱️

- 00:00:00 - Introduction and welcome to the podcast

- 00:00:30 - Cordell's current tech setup - Windows laptop, MacBook, and iPhone

- 00:01:00 - iPhone 17 Pro Max features including 48MP camera, 2TB storage, and advanced video capture

- 00:01:30 - iPhone 17 Air comparison and laptop webcam discussion

- 00:02:00 - VPN usage strategies - Government VPN for secure client communications

- 00:02:30 - Commercial client communications and secure file sharing practices

- 00:03:00 - Why email encryption matters and Mac Mail setup tutorial

- 00:04:00 - Bonus question: Key differences between commercial and government security work

- 00:05:00 - Security protocols comparison and navigating government red tape

- 00:06:00 - Question 1: Top three cybersecurity practices lawyers must implement immediately

- 00:06:30 - Understanding where client data comes from and having proper IT security professionals

- 00:07:00 - Implementing cybersecurity awareness training for all staff members

- 00:07:30 - Practical advice for solo and small practitioners without dedicated IT staff

- 00:08:00 - Proper email practices and essential security awareness training skills

- 00:08:30 - Handling data from average clients in sensitive cases like family law

- 00:09:00 - Social engineering considerations in contentious legal matters such as divorces

- 00:10:00 - Screening threats from seemingly reliable platforms - Google Play slop ads as recent example

- 00:10:30 - Tenable vulnerability scanning tool recommendation (approximately $1,500/year)

- 00:11:00 - Question 2: Technology tools for streamlining compliance and governance

- 00:11:30 - GRC tools for organizing compliance documentation across various price points

- 00:12:00 - SharePoint security lockdown and importance of proper system configuration

- 00:12:30 - Monitoring tools discussion - why no perfect solution exists and what to consider

- 00:13:00 - Being amenable to change and avoiding long-term contracts with security tools

- 00:14:00 - Question 3: Strategies for overcoming resistance to technology adoption

- 00:14:30 - Demonstrating efficiency and explaining the full implementation process

- 00:15:00 - Converting time savings to dollars and cents for senior attorney buy-in

- 00:15:30 - Mindset shift for billable hour attorneys and staying competitive in the market

- 00:16:00 - Being a technology Guinea pig and testing tools yourself first

- 00:16:30 - Showing real results to encourage buy-in from colleagues

- 00:17:00 - Real-world Microsoft Word example - styles, cross-references, and table of contents time savings

- 00:17:30 - Showing value add and how technology can bring in more revenue

- 00:18:00 - Where to find Cordell Robinson - LinkedIn, www.bcf-us.com, Brownstone Consulting Firm

- 00:18:30 - Company description and closing remarks

Resources 📚

Connect with Cordell Robinson:

• LinkedIn: https://www.linkedin.com/in/cordell-robinson-a2213a4

• Company Website: https://www.bcf-us.com

• Instagram: https://www.instagram.com/brownstone_consulting_firm

• Shaping Futures Foundation: https://shapingfutures.org 

Government & Compliance Frameworks:

• NIST: https://www.nist.gov

• NIST Time Services: https://nist.time.gov

Software & Tools:

• Apple Mail Encryption Guide: https://support.apple.com/guide/mail/sign-or-encrypt-emails-mlhlp1180/mac

• Apple Products: https://www.apple.com

• Microsoft SharePoint: https://www.microsoft.com/en-us/microsoft-365/sharepoint/collaboration

• Microsoft Word: https://www.microsoft.com/en-us/microsoft-365/word

• Tenable Vulnerability Management: https://www.tenable.com

🚨 BOLO CYBERSECURITY ALERT: LunaSpy Android Spyware Threatens All Users—Protect Your Law Practice Now!

Android users must be aware of potential threats to their data!

CRITICAL THREAT ALERT 🚨 A sophisticated new Android spyware campaign dubbed LunaSpy has been active since February 2025, broadly targeting Android users via messaging apps—anyone installing its fake “antivirus” could be compromised, including legal professionals. LunaSpy spreads through Telegram, WhatsApp, Signal, and other platforms by sending messages like “Hi, install this program here,” tricking victims into granting extensive device permissions after fake security scans report fabricated threats.

Once installed, LunaSpy’s capabilities pose severe risks: it steals passwords from browsers and messaging apps, intercepts text messages (including two-factor codes), records audio and video via microphones and cameras, captures screen contents (e.g., client documents, case notes), and tracks real-time location (e.g., revealing meetings and court visits). Kaspersky researchers have linked over 150 command-and-control servers to LunaSpy’s global network, enabling continuous data exfiltration and remote command execution.

While any Android user is at risk, lawyers face heightened consequences if infected. A breach of attorney-client communications or privileged documents can trigger:

• Malpractice liability for failing to safeguard confidential client information

• ABA ethics violations under Model Rules 1.1 (Competence), 1.1(8) (Maintaining Competence) and 1.6 (Confidentiality)

• State bar disciplinary action for professional misconduct

• Regulatory compliance fines under privacy laws like California Consumer Privacy Act (CCPA)/General Data Protection Regulation (GDPR) – Legal Text

• Reputational damage that can permanently erode client trust

Immediate Action Steps for all Android-using legal professionals and their staff:

users are the first line of defense when it comes to preventing computer viruses on their tech!

1. Audit and remove any unverified security or banking apps; restrict installations to Google Play only.

2. Deploy Mobile Device Management (MDM): enforce app blacklists, remote wipe, and automated patching.

3. Enable full-disk encryption and secure lock screens with complex passcodes or biometrics.

4. Train staff on social engineering tactics—recognize unsolicited install prompts or links in messages.

5. Use end-to-end encrypted desktop-based messaging for privileged communications, limiting mobile use.

6. Establish an incident response plan: include immediate device quarantine, forensic analysis, and regulatory notification procedures.

LunaSpy is not a hypothetical risk—it’s actively compromising Android devices around the globe. Although the campaign targets the general public, legal professionals handling sensitive client data are particularly vulnerable to cascading professional, legal, and ethical consequences if infected. With over 150 active command servers and ongoing code enhancements, the threat will only escalate. Every day without these safeguards increases your exposure—act now to secure mobile devices, train teams, and reinforce your firm’s cybersecurity posture.

BOLO: Lawyers Face Critical Risk from 2025's 16 Billion Password Data Leak 🔒⚖️

lawyers were your client’s pii hacked from your computers and software?

Lawyers across the nation need to take immediate action following the exposure of 16 billion login credentials—covering platforms from Apple and Google to Facebook and countless others—in what researchers describe as one of the largest exposures of sensitive data in history. While headlines have suggested a catastrophic, single-source breach, the reality is more nuanced but equally concerning for legal professionals. This leak is not a new, isolated hack of a major provider. Instead, it's a massive aggregation of credentials collected over years from various infostealer malware campaigns and previous breaches, now compiled and exposed in over 30 datasets.

What Is the Nature of This Breach? Is It "New"? 🕵️‍♂️

The so-called "16 billion password breach" is not the result of a single event. Instead, it's a compilation of old and some recent credentials, gathered from infostealer malware, credential stuffing lists, and previously leaked databases. Some datasets are fresh and weaponizable, including session tokens and cookies that can bypass multi-factor authentication, but much of the data is recycled or duplicated. The scale, however, means nearly every major online service is potentially implicated, and the risk of credential stuffing and account takeover is real—especially for those who reuse passwords or have not updated them in years.

Why Should Lawyers Care? ⚠️

Lawyers are high-value targets for cybercriminals due to the sensitive nature of client data and privileged communications. The legal profession has already seen significant cybersecurity challenges, with 29% of law firms encountering cybersecurity breaches in 2023, and the average cost of a data breach for law firms reaching $5.08 million. A compromised password can lead to unauthorized access to confidential files, emails, and client records, exposing firms to malpractice claims, regulatory penalties, and reputational harm. The legal sector's increasing reliance on cloud platforms and digital workflows makes robust credential management non-negotiable for lawyers.

🚨

Lawyers must take action today. 📣 Your clients' trust—and your practice's future—depend on it!

🚨 Lawyers must take action today. 📣 Your clients' trust—and your practice's future—depend on it!

What Should Lawyers Do Now? 🛡️

Immediate Steps:

• Reset passwords for any account that may be affected, especially if you reuse passwords across sites.

• Check your exposure using tools like "Have I Been Pwned" to see if your email or credentials are part of known breaches.

• Enable Multi-Factor Authentication (MFA) on all accounts—this is the single most effective way to prevent unauthorized access, even if a password is leaked.

Long-Term Best Practices:

• Adopt a password manager (such as 1Password* or similar) to generate and store unique, complex passwords for every account.

• Educate your staff on phishing, social engineering, and the dangers of password reuse.

• Implement passkeys and biometrics where possible, reducing reliance on passwords alone.

• Regularly monitor for compromised credentials using security tools and services that alert you to new breaches.

• Never store passwords in plaintext or unsecured documents; use encrypted vaults and secure delivery for sensitive credentials.

What Should Law Firms and Lawyers Be Doing to Stay Secure? 🏛️

Lawyers need to be active in protecting their client’s pii!

• Review and update firm-wide password policies to mandate unique, strong passwords and regular changes.

• Ensure all devices and cloud services used for legal work are protected with MFA and monitored for suspicious activity.

• Consult with cybersecurity counsel or specialists to assess your firm's exposure and compliance with data protection regulations.

• Stay informed about new threats and regularly audit your digital security posture.

Essential Resources from The Tech-Savvy Lawyer 📚🎧

For deeper insights into cybersecurity best practices for legal professionals, explore these valuable resources from The Tech-Savvy Lawyer.Page:

Blog Posts:

• "🚨 BOLO: Zoom Remote Access Attacks – Critical Security Alert for Legal Professionals 🚨" - Learn about sophisticated cyberattacks targeting legal professionals through video conferencing platforms and how to protect your practice.

• "BOLO: Is LastPass on its Last Leg?! 🧐 Is it time to get a new password manager? 😳" - Essential guidance on password manager security following the LastPass breach, with recommendations for alternative solutions like 1Password.

• "🚨 BOLO: Apple's Latest Update Activates AI - Lawyers, Protect Your Clients' Data! 🚨" - Critical analysis of how automatic AI features can impact attorney-client privilege and data security.

Podcast Episodes:

• 🎙️ Ep. 104: The Importance of Data Backup & Cybersecurity w "Mr. Backup", Curtis Preston! - Expert insights on what lawyers are doing wrong with cybersecurity, e-discovery best practices, and ransomware response strategies.

• 🎙️ Ep. 106: "How Lawyers Can Protect Client Data in the Age of AI - A conversation with Erich Dylus!" - Essential guidance on maintaining client confidentiality while leveraging AI tools.

• 🎙️Episode 99: "Navigating the Intersection of Law Ethics and Technology with Jayne Reardon" - Practical insights for lawyers with limited to moderate tech skills on strategic legal tech adoption.

These resources provide actionable guidance specifically tailored for legal professionals navigating cybersecurity challenges while maintaining ethical obligations under the ABA Model Rules.

Lawyers Must Act Now - Your Practice's Security Is Your Clients' Trust 🔐

Follow The Tech-Savvy Lawyer.Page for breaking news and bolos that lawyers need to know!

The 16 billion password leak serves as a stark reminder that cybersecurity is not optional for today's legal professionals—it's an ethical imperative that lawyers cannot ignore. While this massive data aggregation may seem overwhelming, it presents an opportunity for lawyers to strengthen their firm's digital defenses and demonstrate their commitment to protecting client confidentiality.

Remember, as outlined in ABA Model Rule 1.1, Comment 8, lawyers must maintain reasonable competency in technology, including understanding "the benefits and risks associated with relevant technology". The steps outlined above are not just technical recommendations for lawyers—they're essential components of competent legal representation in the digital age.

By implementing robust password policies, enabling multi-factor authentication, and staying informed through resources like The Tech-Savvy Lawyer.Page, lawyers are not just protecting data—they're preserving the foundational trust that defines the attorney-client relationship. In an era where cyber threats evolve daily and law firms face increasing risks, lawyers' proactive approach to cybersecurity becomes a competitive advantage and a mark of professional excellence.

Lawyers must take action today. Your clients' trust—and your practice's future—depend on it.

MTC: Lawyers, Generative AI, and the Right to Privacy: Navigating Ethics, Client Confidentiality, and Public Data in the Digital Age

Modern attorneys need to tackle AI ethics and privacy risks.

The legal profession stands at a critical crossroads as generative AI tools like ChatGPT become increasingly integrated into daily practice. While these technologies offer unprecedented efficiency and insight, they also raise urgent questions about client privacy, data security, and professional ethics—questions that every lawyer, regardless of technical proficiency, must confront.

Recent developments have brought these issues into sharp focus. OpenAI, the company behind ChatGPT, was recently compelled to preserve all user chats for legal review, highlighting how data entered into generative AI systems can be stored, accessed, and potentially scrutinized by third parties. For lawyers, this is not a theoretical risk; it is a direct challenge to the core obligations of client confidentiality and the right to privacy.

The ABA Model Rules and Generative AI

The American Bar Association’s Model Rules of Professional Conduct are clear: Rule 1.6 requires lawyers to “act competently to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure”. This duty extends beyond existing clients to former and prospective clients under Rules 1.9 and 1.18. Crucially, the obligation applies even to information that is publicly accessible or contained in public records, unless disclosure is authorized or consented to by the client.

Attorneys need to explain generative AI privacy concerns to client.

The ABA’s recent Formal Opinion 512 underscores these concerns in the context of generative AI. Lawyers must fully consider their ethical obligations, including competence, confidentiality, informed consent, and reasonable fees when using AI tools. Notably, the opinion warns that boilerplate consent in engagement letters is not sufficient; clients must be properly informed about how their data may be used and stored by AI systems.

Risks of Generative AI: PII, Case Details, and Public Data

Generative AI tools, especially those that are self-learning, can retain and reuse input data, including Personally Identifiable Information (PII) and case-specific details. This creates a risk that confidential information could be inadvertently disclosed or cross-used in other cases, even within a closed firm system. In March 2023, a ChatGPT data leak allowed users to view chat histories of others, illustrating the real-world dangers of data exposure.

Moreover, lawyers may be tempted to use client public data—such as court filings or news reports—in AI-powered research or drafting. However, ABA guidance and multiple ethics opinions make it clear: confidentiality obligations apply even to information that is “generally known” or publicly accessible, unless the client has given informed consent or an exception applies. The act of further publicizing such data, especially through AI tools that may store and process it, can itself breach confidentiality.

Practical Guidance for the Tech-Savvy (and Not-So-Savvy) Lawyer

Lawyers can face disciplinary hearing over unethical use of generative AI.

The Tech-Savvy Lawyer.Page Podcast Episode 99, “Navigating the Intersection of Law Ethics and Technology with Jayne Reardon and other The Tech-Savvy Lawyer.Page postings offer practical insights for lawyers with limited to moderate tech skills. The message is clear: lawyers must be strategic, not just enthusiastic, about legal tech adoption. This means:

• Vetting AI Tools: Choose AI platforms with robust privacy protections, clear data handling policies, and transparent security measures.

• Obtaining Informed Consent: Clearly explain to clients how their information may be used, stored, or processed by AI systems—especially if public data or PII is involved.

• Limiting Data Input: Avoid entering sensitive client details, PII, or case specifics into generative AI tools unless absolutely necessary and with explicit client consent.

• Monitoring for Updates: Stay informed about evolving ABA guidance, state bar opinions, and the technical capabilities of AI tools.

• Training and Policies: Invest in ongoing education and firm-wide policies to ensure all staff understand the risks and responsibilities associated with AI use.

Conclusion

The promise of generative AI in law is real, but so are the risks. As OpenAI’s recent legal challenges and the ABA’s evolving guidance make clear, lawyers must prioritize privacy, confidentiality, and ethics at every step. By embracing technology with caution, transparency, and respect for client rights, legal professionals can harness AI’s benefits without compromising the foundational trust at the heart of the attorney-client relationship.

MTC

MTC: Florida Bar's Proposed Listserv Rule: A Digital Wake-Up Call for Legal Professionals.

not just Florida Lawyers should be reacting to New Listserv Ethics Rules!

The Florida Bar's proposed Advisory Opinion 25-1 regarding lawyers' use of listservs represents a crucial moment for legal professionals navigating the digital landscape. This proposed guidance should serve as a comprehensive reminder about the critical importance of maintaining client confidentiality in our increasingly connected professional world.

The Heart of the Matter: Confidentiality in Digital Spaces 💻

The Florida Bar's Professional Ethics Committee has recognized that online legal discussion groups and peer-to-peer listservs provide invaluable resources for practitioners. These platforms facilitate contact with experienced professionals and offer quick feedback on legal developments. However, the proposed opinion emphasizes that lawyers participating in listservs must comply with Rule 4-1.6 of the Rules Regulating The Florida Bar.

The proposed guidance builds upon the American Bar Association's Formal Opinion 511, issued in 2024, which prohibits lawyers from posting questions or comments relating to client representations without informed consent if there's a reasonable likelihood that client identity could be inferred. This nationwide trend reflects growing awareness of digital confidentiality challenges facing modern legal practitioners.

National Landscape of Ethics Opinions 📋

🚨 BOLO: florida is not the only state that has rules related to lawyers discussing cases online!

The Florida Bar's approach aligns with a broader national movement addressing lawyer ethics in digital communications. Multiple jurisdictions have issued similar guidance over the past two decades. Maryland's Ethics Opinion 2015-03 established that hypotheticals are permissible only when there's no likelihood of client identification. Illinois Ethics Opinion 12-15 permits listserv guidance without client consent only when inquiries won't reveal client identity.

Technology Competence and Professional Responsibility 🎯

I regularly addresses these evolving challenges for legal professionals. As noted in many of The Tech-Savvy Lawyer.Page Podcast's discussions, lawyers must now understand both the benefits and risks of relevant technology under ABA Model Rule 1.1 Comment 8. Twenty-seven states have adopted revised versions of this comment, making technological competence an ethical obligation.

The proposed Florida rule reflects this broader trend toward requiring lawyers to understand their digital tools. Comment 8 to Rule 1.1 advises lawyers to "keep abreast of changes in the law and its practice," including technological developments. This requirement extends beyond simple familiarity to encompass understanding how technology impacts client confidentiality.

Practical Implications for Legal Practice 🔧

The proposed advisory opinion provides practical guidance for lawyers who regularly participate in professional listservs. Prior informed consent is recommended when there's reasonable possibility that clients could be identified through posted content or the posting lawyer's identit1. Without such consent, posts should remain general and abstract to avoid exposing unnecessary information.

The guidance particularly affects in-house counsel and government lawyers who represent single clients, as their client identities would be obvious in any posted questions. These practitioners face heightened scrutiny when participating in online professional discussions.

Final Thoughts: Best Practices for Digital Ethics ✅

Florida lawyers need to know their state rules before discussing cases online!

Legal professionals should view the Florida Bar's proposed guidance as an opportunity to enhance their digital practice management. The rule encourages lawyers to obtain informed consent at representation's outset when they anticipate using listservs for client benefit. This proactive approach can be memorialized in engagement agreements.

The proposed opinion also reinforces the fundamental principle that uncertainty should be resolved in favor of nondisclosure. This conservative approach protects both client interests and lawyer professional standing in our digitally connected legal ecosystem.

The Florida Bar's proposed Advisory Opinion 25-1 represents more than regulatory housekeeping. It provides essential guidance for legal professionals navigating increasingly complex digital communication landscapes while maintaining the highest ethical standards our profession demands.

MTC

Word of the Week: “Phishing” 🎣 in the Legal Profession - What Every Lawyer Needs to Know in 2025 🛡️

Lawyers Battle phishing on a daily basis.

Phishing is one of the most persistent and dangerous cyber threats facing law firms today. Phishing is a form of computer and internet fraud in which criminals use fake emails, websites, or messages to trick recipients into revealing sensitive information such as passwords, bank details, or client data. For lawyers and legal professionals, the stakes are especially high: law firms hold vast amounts of confidential client information, making them prime targets for cybercriminals. The American Bar Association (ABA) Model Rules for Professional Conduct, particularly Rule 1.6 (Confidentiality of Information) and Rule 1.1 (Competence), require lawyers to protect client data and maintain competence in technology relevant to their practice.

How Phishing Targets Law Firms

Phishing attacks against law firms have become more sophisticated in 2025. Criminals now use generative AI to craft emails that closely mimic real communications from clients, colleagues, or even senior partners. These messages often create a sense of urgency, pressuring recipients to act quickly—such as transferring funds, sharing login credentials, or downloading malicious attachments. Business Email Compromise (BEC) scams are particularly damaging, as attackers impersonate managing partners or clients to divert wire transfers or request sensitive documents.

Impersonation: The Hidden Dangers in Your Inbox

Attackers often use email spoofing to manipulate the display name and email address, making a message appear to come from someone you trust. The display name (the name that appears in your inbox) can be set to any familiar contact, but the actual email address may be subtly altered or completely fake. For example, a scammer might use “john.smith@lawfirm.com”or “John Smith of ….” as the display name, but the underlying address could be “jjohn.smith@lawf1rm.com” or “john..john.smith@lawfirm.co@lawfirm.co.” These changes are often just a single character off, designed to trick you into replying or clicking a malicious link.

Lawyers should always examine the full email address, not just the display name, before responding or acting on any request. On many smartphones and email clients, only the display name is shown by default, so you may need to click or tap to reveal the actual sender’s email address. If the message requests sensitive information, money transfers, or urgent action, verify the request through a separate communication channel, such as a phone call using a known number—not one provided in the suspicious email. This vigilance aligns with ABA Model Rule 1.1, which requires lawyers to maintain competence, including understanding risks associated with technology.

Recent Phishing Incidents Involving Lawyers

Phishing Email Threatens Law Firm Cybersecurity Defense

• In a widely reported scam, secretaries and junior lawyers at several law firms received emails that appeared to come from senior partners. The emails requested the purchase of iTunes gift cards for an “urgent presentation.” Victims, unfamiliar with the scam, were tricked into sending the codes to the attackers, who then sold or used them at the victims’ expense.

• In another case, scammers stole the identity of Western Australia’s Attorney-General, John Quigley, sending emails that claimed he was representing a deceased person with a large inheritance. The emails phished for personal information and requested payments for fake legal fees.

• Large law firms have also suffered massive data breaches following phishing attacks. In 2024, Orrick, Herrington & Sutcliffe agreed to pay $8 million after cybercriminals accessed personal and health data of over 600,000 people. Similarly, Gunster Yoakley & Stewart settled for $8.5 million after a breach exposed sensitive information of nearly 10,000 individuals.

What Lawyers Should Watch For

• Impersonation: Always check the sender’s full email address, not just the display name. Watch for addresses that are off by one or more characters.

• Urgency and Pressure: Be cautious of emails that demand immediate action, especially those involving money or confidential data.

• Suspicious Links or Attachments: Hover over links to check their true destination, and never open unexpected attachments.

• Unusual Requests: Be wary of requests outside normal procedures, such as buying gift cards or changing payment instructions.

Prevention and Best Practices

• Employee Training: Regular cybersecurity awareness training is crucial. Staff should be able to recognize phishing attempts and know how to report them. This supports ABA Model Rule 5.3 (Responsibilities Regarding Nonlawyer Assistance).

• Multi-Factor Authentication (MFA): MFA adds an extra layer of security, making it harder for attackers to access accounts even if credentials are compromised.

• Incident Response Plan: Every law firm should have a clear plan for responding to phishing incidents, including communication protocols and legal obligations for breach notification.

• Client Education: Educate clients about phishing risks and encourage them to verify any unusual requests that appear to come from your firm.

Professional Responsibility and Phishing

lawyers need to be proactive Against Cybersecurity Threats in 2025!

The ABA Model Rules make clear that lawyers must take reasonable steps to prevent unauthorized access to client information (Rule 1.6(c)). Lawyers must also keep abreast of changes in technology and its associated risks (Rule 1.1, Comment 8). Failing to implement basic cybersecurity measures, such as phishing awareness and email verification, may expose lawyers to disciplinary action and civil liability.

Final Thoughts

Phishing is not just an IT problem—it’s a business risk that can compromise client trust, cause financial loss, and result in legal liability. By staying vigilant, investing in training, and adopting robust security measures, lawyers can protect themselves, their clients, and their reputations in an increasingly digital world. Compliance with the ABA Model Rules is not optional—it's essential for ethical and effective law practice.

BOLO: LexisNexis Data Breach: What Legal Professionals Need to Know Now—and Why All Lexis Products Deserve Scrutiny!

LAWYERS NEED TO BE BOTH TECH-SAVVY AND Cyber-SavvY!

On December 25, 2024, LexisNexis Risk Solutions (LNRS)—a major data broker and subsidiary of LexisNexis—suffered a significant data breach that exposed the personal information of over 364,000 individuals. This incident, which went undetected until April 2025, highlights urgent concerns for legal professionals who rely on LexisNexis and its related products for research, analytics, and client management.

What Happened in the LexisNexis Breach?

Attackers accessed sensitive data through a third-party software development platform (GitHub), not LexisNexis’s internal systems. The compromised information includes names, contact details, Social Security numbers, driver’s license numbers, and dates of birth. Although LexisNexis asserts that no financial or credit card data was involved and that its main systems remain secure, the breach raises red flags about the security of data handled across all Lexis-branded platforms.

Why Should You Worry About Other Lexis Products?

LexisNexis Risk Solutions is just one division under the LexisNexis and RELX umbrella, which offers a suite of legal, analytics, and data products widely used by law firms, courts, and corporate legal departments. The breach demonstrates that vulnerabilities may not be limited to one product or platform; third-party integrations, development tools, and shared infrastructure can all present risks. If you use LexisNexis for legal research, client intake, or case management, your clients’ confidential data could be at risk—even if the breach did not directly affect your specific product.

Ethical Implications: ABA Model Rules of Professional Conduct

ALL LawyerS NEED TO BE PREPARED TO FighT Data LeakS!

The American Bar Association’s Model Rules of Professional Conduct require lawyers to safeguard client information and maintain competence in technology. Rule 1.6(c) mandates that attorneys “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” Rule 1.1 further obligates lawyers to keep abreast of changes in law and its practice, including the benefits and risks associated with relevant technology.

In light of the LexisNexis breach, lawyers must:

• Assess the security of all third-party vendors, including legal research and data analytics providers.

• Promptly notify clients if their data may have been compromised, as required by ethical and sometimes statutory obligations.

• Implement additional safeguards, such as multi-factor authentication and regular vendor risk assessments.

• Stay informed about ongoing investigations and legal actions stemming from the breach.

What Should Legal Professionals Do Next?

• Review your firm’s use of LexisNexis and related products.

• Ask vendors for updated security protocols and breach response plans.

• Consider offering affected clients identity protection services.

• Update internal policies to reflect heightened risks associated with third-party platforms.

The Bottom Line

The LexisNexis breach is a wake-up call for the legal profession. Even if your primary Lexis product was not directly affected, the interconnected nature of modern legal technology means your clients’ data could still be at risk. Proactive risk management and ethical vigilance are now more critical than ever.