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The Tech Savvy Lawyer

The Tech Savvy Lawyer

By: Michael D.J. Eisenberg
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 The Tech Savvy Lawyer interviews Judges, Lawyers, and other professionals discussing utilizing technology in the practice of law. It may springboard an idea and help you in your own pursuit of the business we call "practicing law". Please join us for interesting conversations enjoyable at any tech skill level!© ℗ 2020 Michael D.J. Eisenberg Politics & Government
Episodes
  • 🎙️ TSL Labs! Google AI Discussion of MTC: Deepfakes, Deception, and Professional Duty - What the North Bethesda AI Incident Teaches Lawyers About Ethics in the Digital Age 🧠⚖️

    🎙️ TSL Labs! Google AI Discussion of MTC: Deepfakes, Deception, and Professional Duty - What the North Bethesda AI Incident Teaches Lawyers About Ethics in the Digital Age 🧠⚖️
    Oct 31 2025
    📌 To Busy to Read This Week's Editorial? Join us for an AI-powered deep dive into the ethical challenges facing legal professionals in the age of generative AI. 🤖 This episode explores the real-world story that sparked critical questions about professional responsibility: a North Bethesda prank that went wrong and became a legal cautionary tale. We unpack the implications of AI-generated deepfakes for evidence authentication, client confidentiality, and the fundamental duty lawyers owe to the court. Whether you're navigating emerging tech in your practice or learning how to protect yourself from costly bar complaints, this conversation provides actionable insights into ABA Model Rules 1.1, 3.3, and 8.4. 📋 What You'll Learn: ✅ The technology competence imperative for modern attorneys ✅ How deepfake detection connects to ethical obligations ✅ The clash between client confidentiality (Rule 1.6) and candor to the tribunal (Rule 3.3) ✅ Five practical safeguards to implement immediately ✅ Why the "liar's dividend" threatens judicial integrity ⏱️ In Our Conversation, We Cover the Following: [00:00:00 – 00:01:00] Welcome & episode overview—exploring generative AI and legal responsibility in the digital age 📱 [00:01:00 – 00:03:00] The North Bethesda deepfake incident—a 27-year-old woman's prank turns into criminal charges when her AI-generated photo triggers an emergency response 🚨 [00:03:00 – 00:04:00] The technology competence imperative—ABA Model Rule 1.1 and the 2012 amendment requiring lawyers to understand AI risks 📚 [00:04:00 – 00:05:00] The extent of adoption—31+ states have adopted or adapted tech competence language; it's no longer optional 📍 [00:05:00 – 00:06:00] Three core competencies lawyers need: How AI content is made, detection methods, and proper authentication practices 🔍 [00:06:00 – 00:07:00] Rule 3.3 in the AI era—candor toward the tribunal when evidence authenticity is questioned 🏛️ [00:07:00 – 00:08:00] The liar's dividend phenomenon—how deepfakes undermine trust in all evidence, even genuine materials 🎭 [00:08:00 – 00:09:00] Defending authentic evidence—proactive authentication, metadata, and chain of custody documentation 📊 [00:09:00 – 00:10:00] Rule 8.4 and the ethical precipice—the line between negligence and fraud when submitting unverified digital evidence ⚠️ [00:10:00 – 00:11:00] The Rule 1.6 vs. Rule 3.3 conflict—when client confidentiality must yield to candor with the court 🤝 [00:11:00 – 00:12:00] Disclosure obligations—lawyers must reveal false evidence, even if provided by their own client 📢 [00:12:00 – 00:13:00] Safeguard #1: Invest in education—CLE courses, Florida's three-hour tech requirement, and continuous learning 🎓 [00:12:00 – 00:13:00] Safeguard #2: Establish verification protocols—documentation, metadata demands, and forensic expert consultation 🔐 [00:13:00 – 00:14:00] Safeguard #3: Disclose limitations transparently—admitting gaps in expertise and using Rule 1.1 to bring in qualified co-counsel 👥 [00:14:00 – 00:15:00] Safeguards #4 & #5: Update client agreements and stay alert to evolving guidance from bar associations 📝 [00:14:00 – 00:15:00] The bigger question—what's the long-term cost to justice when digital evidence authenticity is perpetually questioned? 🔮 📚 Resources Connect with Michael D.J. Eisenberg 🌐 Website: https://www.thetechsavvylawyer.com 📧 Email: MichaelDJ@TheTechSavvyLawyer.Page 💼 LinkedIn: https://www.linkedin.com/in/michaeldjeisenberg/ 📱 Podcast: https://www.thetechsavvylawyer.page/podcast Mentioned in the Episode 🔹 ABA Model Rule 1.1 – Competence requirement (amended 2012) 🔹 ABA Model Rule 3.3 – Candor toward the tribunal 🔹 ABA Model Rule 8.4 – Misconduct (dishonesty, fraud, deceit, misrepresentation) 🔹 ABA Model Rule 1.6 – Confidentiality of information 🔹 North Bethesda, Maryland Deepfake Incident – October 2025 case study 🔹 Florida CLE Mandate – Three hours of technology-focused continuing legal education every three years 🔹 40 States, D.C. & P.R. – Jurisdictions that have adopted ABA Model Rule 1.1 technology competence language
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    16 mins
  • 🎙️ Ep. #123: Episode 123: Former Federal Prosecutor Reveals How AI Levels the Playing Field in Criminal Defense 🎙️⚖️🤖

    🎙️ Ep. #123: Episode 123: Former Federal Prosecutor Reveals How AI Levels the Playing Field in Criminal Defense 🎙️⚖️🤖
    Oct 28 2025
    My next guest is Lance Kennedy. Lance is a former federal prosecutor who now operates a tech forward criminal defense practice in Texas. He combines his prosecutorial experience with cutting edge AI and automation tools to compete against well-resourced government teams, helping criminal defense attorneys leverage technology for data analytics, digital forensics, and case management across both federal and state courts. Join Lance Kennedy and me as we discuss the following three questions and more! 🎯 What are the top three ways criminal defense attorneys can leverage technology to level the playing field against well-resourced prosecution teams? And how has your prosecutorial experience informed your approach to implementing these tools?With your experience handling both federal cases and state Texas matters, what are the top three technological tools or approaches that criminal defense attorneys should prioritize differently when managing federal cases versus state cases? And how can technology help attorneys navigate the distinct procedural and evidentiary challenges of each system?What are the top three ethical and practical considerations criminal defense attorneys must address when implementing AI tools in their practice? And how can lawyers ensure they maintain the 'human in the loop' while maximizing AI's benefits for client representation? In our conversation, we cover the following ⏱️ 00:00:00 - Introduction 00:01:00 - Guest's Current Tech Setup 00:05:00 - Top Three Ways Criminal Defense Attorneys Can Leverage Technology 00:08:00 - Federal vs State Technology Tools and Approaches 00:10:00 - Top Three Tech Tools Better Than Government Systems 00:13:00 - Data Privacy and PII Protection in AI Tools 00:14:00 - Ethical and Practical Considerations for AI Implementation 00:16:00 - Where to Find Lance Kennedy RESOURCES 📚 Connect with Lance Kennedy 🤝 Website: https://www.lancekennedy.comelitelawyer+1LinkedIn: https://www.linkedin.com/in/lancelkennedy/voyageaustinPhone: (737) 324-7540 Mentioned in the Episode 💡 Apple Annual Upgrade Program: https://www.apple.com/shop/iphone/iphone-upgrade-programApple Business Account: https://www.apple.com/business/ Hardware Mentioned in the Conversation 💻 Curved Samsung Monitors): https://www.samsung.com/us/computing/monitors/iPhone 17 Pro Max (Dual SIM, Orange): https://www.apple.com/iphone/MacBook Pro (M2 chip, 16GB): https://www.apple.com/macbook-pro/OtterBox Defender Case: https://www.otterbox.com/en-us/defender-seriesotterbox+1Secret Lab Gaming Chair: https://secretlab.cosecretlabSoftware & Cloud Services Mentioned in the Conversation ☁️Box (evidence sharing): https://www.box.comChatGPT Pro: https://openai.com/chatgpt/openai+1Co-Counsel (Westlaw AI): https://legal.thomsonreuters.com/en/products/westlaw-advantagesites.psu+1Gmail: https://www.google.com/gmail/Grammarly: https://www.grammarly.comwikipedia+1Lawmatics (CRM): https://www.lawmatics.comlegaltechnologyhub+1MyCase (client management portal): https://www.mycase.comresiliencelawgroup+1Scorpion (website management/advertising): https://www.scorpion.coonthemap+1Westlaw: https://legal.thomsonreuters.com/en/products/westlaw-advantagelegal.thomsonreuters+1
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    17 mins
  • 🎙️ Ep. 122: Cybersecurity Essentials for Law Firms: Proven Strategies from Navy Veteran & Attorney Cordell Robinson

    🎙️ Ep. 122: Cybersecurity Essentials for Law Firms: Proven Strategies from Navy Veteran & Attorney Cordell Robinson
    Oct 14 2025
    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 ...
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    21 mins
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