February 27, 2004

Enjoy Your Extra Day!!

Leap Year
From the e-news alert: "This site provides easy-to-understand scientific background information on the concept of a leap year. Features illustrations and links to information on related astronomical events such as leap day, the calendar, seasons, vernal equinox, tropical year, century, and Gregorian, Iranian, and Julian calendrical systems. The author is a scientist with advanced degrees in physics and planetary science."

http://scienceworld.wolfram.com/astronomy/LeapYear.html

Source: LII Librarians' Index to the Internet
NEW THIS WEEK for February 26, 2004
Copyright 2004 by Librarians' Index to the Internet, LII.
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Posted by Nancy at 10:26 AM | TrackBack

Law Day Planning Should Now be Underway

Strategies for All Grade Levels

From an e-mail: "We've just posted several lessons specifically on Brown v. Board of Education on our website. Check them out at http://www.abanet.org/publiced/lawday/schools/lessons/home.html They should be a great resource for anyone making presentations to school children, at any grade level.

While you're there, note that we have lessons for you to use on dozens of other topics as well, including many on related issues of equal protection."
Source: E-mail from Charlie White, Division for Public Education, American Bar Association to LAWDAY-LIST@MAIL.ABANET.COM , 25 February 2004

Posted by Nancy at 10:22 AM | TrackBack

Joy London on One of Yesterday’s LLRX Articles

Managing Risk and Rewards in KM Initiatives

From the blog: “Another fine llrx.com article on the ROI of law firm KM investments.

In Rethinking ROI: Managing Risk and Rewards in KM Initiatives, John Alber, a technology partner at Bryan Cave, understands that a ROI means freeing up partners' time:

If associates and young partners are well-trained and provided with tools that make it possible for them to accomplish expert work to high standards of quality and to do so sooner than is the case at peer firms, clients benefit by having a larger pool of talent available to do their work.

And when referring to a proposed KM system, Alber writes:

The hope in using this new system is that far fewer partner hours will be required to complete the transactions. As a consequence, fees to the client can be held down. Indeed, it is hoped that a flat fee billing arrangement will become possible.

Clearly, a goal when designing such a system is to make possible the creation of high quality documents that meet the clients? needs, and to do so with less partner time involved.”
Source: Excited Utterances, 26 February 2004

Posted by Nancy at 10:20 AM | TrackBack

"Stepping Away From the Water Cooler: Solos, Home Alone"

Frank J. Kautz, II writes: On an icy January day with temperatures outside hovering around 12 degrees, attorney Douglas Pulitzer was suffering from a touch of the home-alone syndrome." Most solo attorneys need to find a way to deal with the home alone syndrome. If you don't, you can go crazy. This article talks about the syndrome and how others deal with it.

http://www.law.com/special/supplement/solo_small_firm/stepping_away.shtml

My personal method is to use listserves. Groups like Solosez or the Lawyers Weekly lists (either the USA list or the their few state lists) provide contact with many other attorneys in many disciplines. The American Trial Lawyers Association lists and my state trial lawyers association list provides contact with attorneys in my own specialty. I also use the occasional monthly luncheon and dinner groups to keep up in person contacts."
Source: MyShingle, 26 February 2004

Posted by Nancy at 10:15 AM | TrackBack

"Overdose on Google Information"

From the blog: "Wired has a huge report on Googlemania -- the upcoming IPO, threats from other search engines, and much, much more. Give it a read."
Source: Inter-Alia, 26 February 2004

Posted by Nancy at 10:10 AM | TrackBack

Here Are a Few Items I Couln't Resist!

"Chef Injures Diner with Flying Beef"

From the e-newsletter: "A restaurant chef in Germany faces charges of bodily harm after he got so angry with his wife that he hurled a piece of meat at her. Fortunately, he missed his wife. Unfortunately, he hit a woman diner on the side of the head."
[Read more about it here]
Source: Legal Humour News - February 25, 2004
(c) 2004 by Daniel Strigberger. All rights reserved.
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Posted by Nancy at 10:05 AM | TrackBack

"Smile: You're Not a Cop"

From hte e-newsletter: "Police in Santa Maria, California, are using a former department store mannequin to help them enforce traffic laws. Dressed in uniform, Officer TED is dropped off at busy thoroughfares to peer over the steering wheel of a patrol car."
[Read more about it here.]
Source: Legal Humour News - February 25, 2004
(c) 2004 by Daniel Strigberger. All rights reserved.
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Posted by Nancy at 10:02 AM | TrackBack

"MADD: Mothers Against Dirty Driving?"

From the e-newsletter: "Police in New York State pulled over a driver who was watching an adult movie called "Chocolate Foam", while driving his Mercedes Benz in the town of Schenectady. Detectives pulled the driver over when they saw the movie playing on screens embedded in the car's headrests. When they confronted him, they saw that another screen in the passenger-side visor was facing the driver, allowing him to watch the movie while driving."
Read more here.
Source: Legal Humour News - February 25, 2004
(c) 2004 by Daniel Strigberger. All rights reserved.
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Posted by Nancy at 10:00 AM | TrackBack

"Compulsive Gamblers Sue Casinos for Failing to Keep Them Out!"

From the blog: "Virginia Ormanian burned through most of her retirement savings playing slot machines in Detroit casinos last year - something she should not have been allowed to do. The 49-year-old gambling addict had voluntarily banned herself in August 2002 from the casinos through a state program that was supposed to keep her out.

"I was counting on the casinos to honor their contract," Ormanian said. "I had to get my life back together."

Now Ormanian and Norma Astourian are suing the casinos for breach of contract. They claim the gambling companies didn't enforce the rules of the "dissociated persons" list on which they placed themselves. . . .

"[I]t was a vehicle to allow the gambler to help himself. It's through the genius of our legal system that this has metamorphasized into a potential risk for casinos," said David O. Stewart, a Washington, D.C., lawyer, who has defended gambling companies in self-exclusion and similar lawsuits, and advises the American Gaming Association."
Details here from the AP via LexisONE Headline Legal News.
Source: The Legal Reader , 26 February 2004

Posted by Nancy at 09:56 AM | TrackBack

For Your Firm's Website

YOUR RIGHTS AS AN EMPLOYEE

From the e-newsletter: “Browse articles that discuss everything you need to know to protect your rights as an employee, from compensation and time off to discrimination and harassment.”
See: http://public.findlaw.com/employment_employee/articles.html
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Newsletter Providing Tips, News, and Resources for the Public
February 26, 2004, Issue # 21
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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Posted by Nancy at 09:51 AM | TrackBack

February 26, 2004

New on LLRX.com

· Voice Over Internet Protocol (VoIP) Opportunity Arises "Chris Hayes reviews the pros and cons of a new cutting edge Internet telephony application that uses peer-to-peer technology, and is available free."
· Rethinking ROI: Managing Risk and Rewards in KM Initiatives "John I. Alber proposes a methodology to predict and monitor return on investment for firms that plan on implementing a knowledge management program."
· The Return of the Wacky World of Gadgets "Barbara Fullerton and Brian Neale reprise their previous articles with reviews of more than two dozen new gadgets that range from the practical to the fanciful."
· Deep Web Research "Marcus P. Zillman's guide includes links to dozens of websites to assist researchers in mining the so-called "invisible" data available in web pages hosted by government, academic, corporate, scientific and other sources."
· Burney's Legal Tech Reviews: Laptop Docking Stations "Brett Burney focuses this month on the advantages of using a laptop docking station and port replicator."
· Metaforix@Health: e-Health Overview "Lois C. Ambash discusses e-health stakeholders, providers of care and of infrastructure, "influencers," policymakers and consumers."
· StatutesPlus: New Features for Statute Research on Westlaw "Cindy Carlson reviews the major features and enhancements to Westlaw's database for online statutory research."
[More detail from the Virtual Chase: "Bottom line: "I like that StatutesPlus gives users access to the Index and Popular Names Tables, and I like that the navigation pane serves as a reminder that some little-used, but really informative, materials are there (like the legislative history information).... StatutesPlus is a real improvement over the previous statute search structure in Westlaw, and part of a trend toward streamlined navigation at Westlaw overall...."]
Source: TVC Alert, The Virtual Chase
26 February 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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· FOIA Facts: What Ever Happened to Frequently Requested Material? "Scott A. Hodes examines government compliance with E-FOIA requirements."
· Wisdom From the Grammar Goddess: Possessed "Diane Sandford addresses the proper use of the possessive case. As always, there are important lessons to be learned here."
· After Hours: Irish Spring "Kathy Biehl's tasty review covers alot of ground, from sweets to cheeses and teas, along with a cookbook recommendation that will no doubt be appreciated by researchers."
· LLRX.com Bookstore - new recommendations available
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 February 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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[Descriptions from LLRX Update, 23 February 2004]

Posted by Nancy at 10:32 AM | TrackBack

"Microsoft, RSA Working on Windows Lock"

From the e-newsletter: "Office computers running the latest Windows operating systems could get a new degree of protection against snoops and intruders from a partnership announced Tuesday by Microsoft Corp. and RSA Security Inc. Instead of only making users type in passwords to log on to a computer, users of the RSA "token" system also enter a random number that appears on their so-called SecurID, a keychain fob or plastic card they carry with them."
Source: THE PRACTICE PAPER, Edited by Joel R. Zand, Esq.
A FindLaw Resource for Solo Attorneys and Small Law Firms
February 25, 2004, Issue # 174
Copyright (c) 2003 FindLaw, Inc. All rights reserved.
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Posted by Nancy at 10:19 AM | TrackBack

"Portable Version of Wi-Fi Hotspot Database Now Available from JiWire"

Wi-Fi Hotspots--Database

From the blog: "JiWire is a searchable database of over 28,000 wi-fi hotspots located in more than 50 countries. The database can be searched online (it's been available for about six months and has more than doubled in size), using a WAP enabled device, on a PDA (via Avantgo) or via a new offline laptop version that you download directly to your computer. You'll need to register (free) to activate the software. You can search JiWire using several criteria, including airport code, country, city, zip code/post code. It's also possible to expand your search by finding locations within a certain radius of a location. A results page includes the wi-fi provider name and pricing info. The site also includes a wi-fi glossary. A bit more about the company here."

[Although we still have only the airport and the Holiday Inn connections here in Stark County, this could be a very useful addition while traveling!]

Holiday Inn North Canton
4520 Everhard Road
Canton OH 44718 USD 9.95per day
AirTran Airways - Canton Akron Airport CAK
5430 Lauby RoadCanton OH 44720
Source: The ResourceShelf, 26 February 2004

Posted by Nancy at 10:15 AM | TrackBack

Travel Gadgets

On the Road Again

From FindLaw: "As the economy revives and corporate travel budgets thaw, in-house lawyers find themselves on the road again. Though business travel can be a hassle, a host of new gadgets and gizmos can make finding your way outside the office much easier. Options include in-car GPS navigation with touch-screen computers, hands-free phone gear and mobile laptop platforms."
Visit Automated Lawyer
Source: FindLaw's Today's Legal News, 26 February 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.

Posted by Nancy at 10:08 AM | TrackBack

"Online Criminal Checks Are Not Complete"

From the e-newsletter: "Access requires free registration. This news story illustrates the need to complete a criminal background check with manual research. While online databases should serve as a starting point, if available for the jurisdictions in question, you should not rely on them entirely when due diligence entails conducting a criminal background check.

Those interested in learning more about the gaps in so-called national criminal files and online background checking should read the Dec/Jan 2004 Tyburski Files column in Law Office Computing. Entitled "It's Criminal," the column begins on page 84. It will be available next month on The Virtual Chase."
Source: TVC Alert, The Virtual Chase
26 February 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Posted by Nancy at 10:05 AM | TrackBack

"A Few Questions With Today's Legal Marketing Minds"

From the e-newsletter: "Roberta Montafia, a legal marketing consultant with over 15 years experience, both domestic and international, talks with Adam Severson of FindLaw. Roberta is the former Global Director of Marketing for one of the world's largest law firms, a past president of the Legal Marketing Association and a member of the Board of Advisors for the Legal Sales and Services Organization. Roberta specializes in providing client development initiatives and marketing planning services to a variety of clients, covering a range of services such as brand development, practice and industry group development and attorney training."

Get FindLaw's Free Monthly Lawyer Marketing Newsletter
Source: THE PRACTICE PAPER, Edited by Joel R. Zand, Esq.
A FindLaw Resource for Solo Attorneys and Small Law Firms
February 25, 2004, Issue # 174
Copyright (c) 2003 FindLaw, Inc. All rights reserved.
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Posted by Nancy at 10:01 AM | TrackBack

"SortByDate.com Helps Find Current News"

From the e-newsletter: "For reasons explained in an article (citation below) I co-authored with Gary Price more than one year ago, searching by date on the Web doesn't always yield precise results. But the issues we discussed don't affect news and blog content to the extent they do the rest of the Web. Now a new utility, SortByDate.com, makes the process of finding news and blog comments by date even easier.Enter your search terms and then select the type of content (news or blogs) you want. Click on the source to display matching stories in reverse chronological order. If you want the search results to open in a new browser window, click the hyperlinked source name (e.g., AlltheWeb News). But if instead you want the results to open in the current browser window, click the icon to the left of the linked source.SortByDate offers additional options and features for those interested in experimenting. For example, you can sort search results from various multimedia sources by date, and display matching results from Amazon's search-inside-a-book feature."
SEE, It's Tough to Get a Good Date with a Search Engine SearchDay, 5 June 2002
Source: TVC Alert, The Virtual Chase 26 February 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Posted by Nancy at 09:55 AM | TrackBack

"GPO Makes Two Online Tools Available That Generate Direct Links to GPO Access Content"

From the site:"Documents that exist within databases on GPO Access cannot be bookmarked. In order to link to these types of documents, a unique URL string must be created." Simply select the database name from pull down menu, enter the Document ID number (instructions on how to find it are provided) and select the file type you want to link to (txt or pdf). Then click the "generate" button and a direct url to the document is provided. A separate tool must be used to create direct to content from the Code of Federal Regulations."
Source: The ResourceShelf, 26 February 2004

Posted by Nancy at 09:49 AM | TrackBack

"Google Image Search Expanded"

From the e-news alert: "Google Image Search has been significantly updated," says Sergey Brin, Google co-founder and president of Technology. "We've doubled the index to more than 880 million images, enhanced search quality, and improved the user interface."
· Google Advanced Image Search
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
24 February 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Posted by Nancy at 09:36 AM | TrackBack

February 25, 2004

"Does the Blog Format Boost Traffic?"

"An astute commentator expressed skepticism about the accuracy of blog traffic statistics.

The difficulties in measuring web site traffic are nothing new. I explained some of them in my book, The Complete Internet Handbook for Lawyers. The operation of RSS feeds has introduced new complexities into measuring readership for blogs. This is why neither Dennis Kennedy nor I represented the numbers cited as being precise.

Still, despite the lack of precision, something real and substantive is going on, something worth trying to quantify.

Based on a decade of operating web sites and a year of operating blogs, I have no trouble believing that a decent blog can easily attract three times as many readers as most conventional web sites.

And yes, I do consider this significant.
Source: eLawyer Blog, 16 February 2004

Posted by Nancy at 09:43 AM | TrackBack

"A Large Incentive to Proofread Pleadings"

From the blog: “A federal magistrate has sent a loud warning to lawyers with a "whatever" attitude about typos and sloppy writing submitted to courts. After noting that attorney Brian Puricelli's courtroom work was "smooth" and "artful" in a civil rights suit, but that his written work was "careless" and laden with typographical errors, U.S. Magistrate Judge Jacob P. Hart "has ruled that his court-awarded fees should be paid at two rates -- $300 per hour for the courtroom work, but $150 per hour for work on the pleadings." (The Legal Intelligencer, Judge Slashes Lawyer's Rate for Typos, Careless Writing, 02-25-04)

According to The Legal Intelligencer, U.S. Magistrate Judge Jacob P. Hart wrote in his 12-page fee opinion in Devore v. City of Philadelphia that

"Mr. Puricelli's complete lack of care in his written product shows disrespect for the court. His errors, not just typographical, caused the court a considerable amount of work. Hence, a substantial reduction is in order. We believe that $150 per hour is, in fact, generous."

Hart added, "If these mistakes were purposeful, they would be brilliant."

'Nuff said. Write Right."
Source: ethicalEsq & haikuEsq... , 24 February 2004

Posted by Nancy at 09:38 AM | TrackBack

Some Interesting Opinions!

The March/April issue of Legal Affairs is on the web here with lots of good articles!
Among them are:
WORLD WIDE WATER COOLER By Charles Duhigg. Dissing your boss online, and paying for it.
THE SHAWSHANK REPUTATION By John Swansburg. Why is The Shawshank Redemption so popular?
NATURAL BORN KILLJOY By Akhil Reed Amar. The Constitution won't let immigrants run for president. That should change.
THE EICHMANN PRECEDENT By Leora Bilsky. Trying Saddam in Iraq could help that country build its democracy.
THE PROBLEM OF PRISON RAPE By Daniel Brook. More rapes occur in prison each year than in New York, Los Angeles, and Chicago combined. Are we ignoring the problem—or do we just not care?
A COURSE OF INACTION Where was the SEC when the mutual fund scandal happened? By John C. Coffee Jr.
PRACTICE EXPIRATION DATE No scientist knows more about time of death than Bill Bass. By Jessica Sachs
HOW I LOST THE BIG ONE When the fight for the public domain reached the Supreme Court, it needed help from a lawyer, not a scholar. By Lawrence Lessig
CALL FORWARDING Cheap phone calls are possible over the Internet. Will the law stand in the way? By Nicholas Thompson
Source: Legal Affairs, March/April 2004

Posted by Nancy at 09:33 AM | TrackBack

February 24, 2004

"Do Good Work Ye Retired Lawyers"

From the blog: “My good friend A.J. Levy is back to posting regularly at his Out-of-the-box Lawyering weblog, and I particularly like his recent post entitled Are you a "senior lawyer" who wants to get out of your law box?"
Source: Ernie the Attorney, 20 February 2004

Posted by Nancy at 09:56 AM | TrackBack

"Passion for Law - A Must Read"

Carolyn Elefant writes: "Is the practice of law your true calling, one for which you have not just aptitude but passion? If not, you shouldn't continue with law school or be in the profession according to this compelling speech given by New Jersy Appellate Judge Fuentes and summarized here in the New Jersey Law Journal, 2/16/2004 (free regis. required). Here's some of his advice (you law students should take heed!): Allow me to elaborate. There is an unfortunate, but I suspect growing trend to regard a legal education as a default choice. For some, it is an attempt to prolong adolescence. For others, it represents the least offensive alternative among a field of undesirable choices. Still others view it as means to an end, be that end money, power, status or simply fulfilling someone else's dream. There are still others who wander about from class to class, from year to year, as if trapped in a Skinner box, unaware of the manipulation and unable to break free of the maze. To all these unfortunate souls: to the perpetual child, to the risk manager, to the ambitious social climber, to the mindless would-be robo-lawyer, I have but one [piece of] advice: GET OUT! Get out now while you can still leave with your soul intact.

Do not allow life to catch you from behind, one day when you least expected and are least capable of resisting. If you don't leave now, something tragic will happen. You will find yourself one day in an office or a courtroom or a boardroom or a conference room, and look around and find nothing familiar about your surroundings, as if some unknown force had taken you to a strange place where time simply goes on and on and on. Your role in this place is simply to do the things that you do. ... No amount of compensation will be enough to fill the void. No office will seem big enough, luxurious enough. No apparent prestige will be sufficient. All of these seemly desirable things will seem strange and unappealing because there is no passion in your work.Unfortunately, Fuentes offers no advice for lawyers who've already chosen the wrong path. Or how to recapture a passion you may have once felt but which fades or dies for want of opportunity to use one's law degree in a fulfilling manner? I don't know the answer to any of these questions but I think about them often as my own passion for law ebbs and flows."
Source: MyShingle, 22 February 2004

Posted by Nancy at 09:52 AM | TrackBack

"How to Read a Blog"

From the blog: “Marcia Oddi, of the The Indiana Law Blog, provides this very important post concerning how to read a blog. It's important because, as she notes, "the first time I looked at a web log ("blog") I was totally confused", cause it ain't formatted like a typical website and may confuse a first time reader who has never seen a blog before.”
Source: Law Tech Advisor, 20 February 2004

Posted by Nancy at 09:46 AM | TrackBack

"Solos & Small Firms: New Horizons"

In the news: “In this month's Solos & Small Firms special feature, American Lawyer Media's law.com explores how and why lawyers bail from big firms -- a touch of the entrepreneurial bug, a desire to focus on a specialty that covers several disciplines, an urge to captain one's own destiny -- and what to do once you've charted your course.”
Stories include:
Stepping Away From the Water Cooler: Solos, Home Alone
Captain of His Own Ship: Veteran Trial Lawyer Starts New Firm
Small & Solo Specialty: Elder Law
Five Questions for Two Who Left the DOJ
It's a Blog World After All
Source: FindLaw's Today's Legal News, 24 February 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.

Posted by Nancy at 09:39 AM | TrackBack

"West Introduces Document Retrieval Service"

From the e-newsletter: “West yesterday introduced West Document Retrieval, a document retrieval service for obtaining government or public documents not available online through Westlaw. The service is provided by former FDR Research, which Thomson Financial acquired at the start of the new year. To order documents, call (877) 362-7387.”
Source: TVC Alert, The Virtual Chase
24 February 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Posted by Nancy at 09:35 AM | TrackBack

"The Truth about Self Background Checks"

From the e-newsletter: “ After endless media hype about employment background checks, it's refreshing to read an article that emphasizes some of the problems with one-check systems and so-called national files. Reuters employees test Yahoo HotJobs by ChoicePoint Inc. and discover that it does not provide a complete picture of a prospective employee's background. While such self-check services might alert the subject of the report to a problem, they probably do not help employers satisfy due diligence.”
Source: TVC Alert, The Virtual Chase
24 February 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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Posted by Nancy at 09:30 AM | TrackBack

"Work of Suspended Gov't Data Mining Project Continues"

From the e-newsletter: "AP reports that applications developed to collect, store and mine personal information on U.S. citizens, thought to have been discontinued with the termination of funding for the Total information Awareness program, have continued under the jurisdiction of other agencies.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
23 February 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Posted by Nancy at 09:26 AM | TrackBack

February 23, 2004

"Dissatisfied Employees Are Job Surfing at Work"

From the blog: “Tell off an employee before noon, and there's a good chance that he or she will be back at their desk after lunch searching for a new boss on-line," says Monster.com's founder, Jeffrey Taylor. Yesterday he spoke at a conference in Toronto of the Human Resources Professionals Association of Ontario, as reported by GlobeTechnology.com.

Apparently the most popular time is between 2 and 3 p.m. on a rolling time zone, according to Taylor. Workopolis.com's president, Patrick Sullivan, cited 10:30 a.m. Monday mornings as the busiest time for his site. He added, "People come back to the office on Monday, after a nice weekend, and say 'I think I'll look for a job.' "

Mr. Taylor told his audience of human resources managers what I've been reading all over the Internet and in print: That employers should not assume that they have a captive work force just because the unemployment rate is hight. With the Internet, workers have easy access to opportunities and know whether they are marketable.

"You should treat [employees] like gold," he told the audience. "Employers who do not treat their employees well, he said, risk losing their best, not just 'the C-players . . . they might want to lose.' "

While virtually no one is expecting a rapid turnaround of the employment market, many experts are predicting that with the retirement of the baby boomers, there could be a serious shortage of American employees by 2010. (Of course, that's if we don't see a corresponding shift overseas due to global outsourcing.)

So in a nutshell, employers who think they have a captive audience are most likely just kidding themselves, and are focusing too much on the short term gains which will be more than lost when the human intellectual property eventually leaves for greener pastures. In my opinion, little things like appreciation (expressed both verbally and monetarily), employee enrichment programs, and fostering self-empowering environments really do go a long way -- especially in fast-paced, high-energy drain positions with long hours. Am I describing anything familiar to the legal market?”
Source: Law Tech Guru by Jeff Beard, 20 February 2004

Posted by Nancy at 10:14 AM | TrackBack

"First Legal Research, Now Memo Writings To India"

Carolyn Elefant writes: "We've talked here, here and here about large companies like Westlaw and General Electric outsourcing legal research and paralegal type tasks to India. But now solos and small firms can also have a chance to do the same as reported in Lawyers in India Help Small Texas Firms Get the Job Done, John Council, Texas Lawyer (2/23/2004). The article reports on Atlas Legal Research, a research and brief-writing company founded by recent University of Michigan law grad, former judicial clerk and now solo practitioner Abhay Dhir. The twist is that the lawyers who perform the research and writing for Atlas are located in India and will work for rates ranging from $17 to $30 an hour. Dhir says that many times the Indian lawyers will catch points that American lawyers might miss, although he does admit that some cultural differences exist that affect work quality. Indian lawyers, for example, rarely cite precedent in briefs and are hesitant to tell a judge what to do, so their writing style tends to be passive and indirect. But these problems are corrected through Dhir's oversight and training.

Personally, I have my own opinions on outsourcing legal research to a "factory" type of operation - be it in the United States or India. I've used a research company once in the past and will never do so again simply because I felt the quality of the research was mediocre and wound up taking longer than if I'd done it myself - so the client did not save much in the end. Sure, I outsource work but I try to stick with using attorneys who I know or who are screened by a local temp agency so that I can keep an eye on them. But being in the DC area, I realize that I have many options on that front - a service like Atlas might work best for attorneys in areas where skilled legal "extras" are not available.”
Source: MyShingle, 22 February 2004

Posted by Nancy at 10:11 AM | TrackBack

"How Juror Selection Can Be Improved"

From the e-newsletter: “In Part Two of a series on juries, U.C. Hastings law professor Vikram Amar discusses the ways in which juror selection can be improved. Among Amar's suggestions are the elimination of peremptory challenges -- for which lawyers need not give a reason -- and the restriction of "for cause" challenges. Amar also discusses the need to keep highly educated jurors in the jury pool, and to penalize those who don't show up at the courthouse for jury selection. He also makes the provocative suggestion that we may want to reconsider the rule of unanimity for criminal juries.”
[P.S. Part One is in issue #187 February 9 - February 13, 2004]
Source: FindLaw's WRIT Legal Commentary
February 16 February 20, 2004, Issue #188
Copyright (c) 2004 FindLaw, Inc. All rights reserved
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Posted by Nancy at 10:08 AM | TrackBack

“The bluetooth Wireless office: Fact or fiction?”

Although not glitch free, Bluetooth-based wireless connectivity provides viable option for footloose staff
From the article: “Picture this: You walk into your office, and the contact information you entered into your handheld device is automatically synchronized with your desktop computer — and you didn't even have to take your handheld out of your briefcase.

Even more impressively, imagine rushing from a taxi into a conference center in some exotic location to attend a lecture. As you enter the lobby, the conference's local server automatically updates the schedule on your handheld computer so you know immediately which room to seek out.”
Source: Technology News Highlights for FCW, 20 February 2004

Posted by Nancy at 10:05 AM | TrackBack

"High Court at Crossroads"

In the news: “The stage is set for landmark rulings on the war on terror by the end of the Supreme Court's current term, and debate is growing over whether the current Court will speak more forcefully than its wartime predecessors. Four cases to be heard in April will ask the Court to define the executive branch's authority in times of war. They will also test the power of the high court -- and other federal courts -- to review what the president has done.”
Visit the U.S. Supreme Court Monitor
FindLaw's Today's Legal News, 23 February 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.

Posted by Nancy at 09:58 AM | TrackBack

"Local Search: It's Where Search is Heading"

Posted by Tom Mighell: “The concept of "local search" -- using a search engine to find businesses, merchants, restaurants, or other things in your geographical area -- is very hot. I have mentioned it here , here, here, and here. Now a survey is released that shows why local search is so big: over 25 percent of Internet users surveyed said "they were either seeking merchants near home or work, researching a local purchase or actually buying a local product or service."
Source: Inter-Alia, 23 February 2004

Posted by Nancy at 09:55 AM | TrackBack

"Chicago Law Enforcement Database Cited for Decrease in Crime"

From the e-newsalert: "Taking IT to the Street - "How the Chicago Police Department used technology to fight crime and become the first Grand CIO Enterprise Value Award winner." [Slashdot]
· "The CLEAR (Citizen Law Enforcement Analysis and Reporting) database, deployed in April 2000 and now topping 200GB, is the foundation for a growing set of integrated CLEAR applications used by all of the department's 13,600 officers and most of its 3,000 civilians, plus an exponentially expanding base of users outside the city limits...in the past three years—the period CLEAR has been operating—Chicago [crime]rates have dropped 16 percent..."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
23 February 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Posted by Nancy at 09:50 AM | TrackBack

February 20, 2004

"Straight Talk About Winsows Security"

From Jerry Lawson's blog: "Thanks to yclipse tech journal for the link to Mike Wendland's assessment:

'I can no longer recommend a Windows machine to anyone. Until Sir William gets his security act together, his OS is BS.'"
Source: Netlawblog, 20 February 2004

Posted by Nancy at 10:03 AM | TrackBack

Six Little Rules on WiFi Security"

Dennis Kennedy posts: "From Wi-Fi Networking News: A short, to-the-point article on About.com sets out a handy list of the basic rules for making a solid effort to secure a wireless home network.
To summarize:
1. Change the System ID
2. Disable Identifier Broadcasting
3. Enable Encryption
4. Restrict Unnecessary Traffic
5. Change the Default Administrator Password
6. Patch and Protect Your PCs
If you want to play wireless networking, consider these six steps to be the minimum price of admission. Anything less is irresponsible.
Source: DennisKennedy.blog, 18 February 2004

Posted by Nancy at 09:59 AM | TrackBack

"Brain Fingerprint Under Scrutiny"

John Hoar posts: “A controversial technique for identifying a criminal mind using involuntary brainwaves that could reveal guilt or innocence is about to take centre stage in a last-chance court appeal against a death-row conviction in the US.

The technique, called "brain fingerprinting", has already been tested by the FBI and has now become part of the key evidence to overturn the murder conviction of Jimmy Ray Slaughter who is facing execution in Oklahoma.”
Details here from BBC News."
Source: Legal Reader, 18 February 2004

Posted by Nancy at 09:54 AM | TrackBack

Two Article on Roe vs Wade - Revisited

Reawakening 'Roe v. Wade'

In the news: "For the first time in three decades, an original litigant in Roe v. Wade will go before a federal appeals court to ask it to reconsider one of the U.S. Supreme Court's most controversial decisions. The lawyer for Norma McCorvey, better known as Jane Roe, says his client is urging the 5th Circuit to reverse Roe based on information that didn't exist in 1973. Says Allen E. Parker Jr., "We now have 30 years of evidence that abortion is psychologically damaging to women."
Source: FindLaw's Today's Legal News, 20 February 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.

COURT TO HEAR CASE TO REOPEN ROE V. WADE
From the blog: "A federal appeals court has agreed to hear a request from the woman formerly known as "Jane Roe" to reconsider the 1973 U.S. Supreme Court decision Roe v. Wade that legalized abortion.

Norma McCorvey, who joined with anti-abortion activists nearly 10 years ago, is seeking to have the decision overturned, citing what she says is more than 30 years of evidence that abortions are psychologically harmful to women.

A federal district judge threw out her initial request in June, saying it was not made within a reasonable time. But the New Orleans-based 5th U.S. Circuit Court of Appeals has agreed to hear McCorvey's arguments March 2.
That's not good. Details here from the AP."
Source: Legal Reader, 19 February 2004

Posted by Nancy at 09:47 AM | TrackBack

Death Penalty for Juvenile Offenders??

The Juvenile Death Penalty Today: Death Sentences and Executions for Crimes, January 1, 1973 - June 30, 2003
From the e-newsletter: "This report sketches 'the characteristics of the juvenile offenders and their crimes who have been sentenced to death, who have been executed, and who are currently under death sentences' in the United States. Includes case summaries and many statistical tables. 'This report takes no position on the legality, morality, or wisdom of the death penalty for juvenile offenders.' From an Ohio Northern University law professor. Opens directly into a PDF file."
Source: LII Librarians' Index to the Internet
NEW THIS WEEK for February 19, 2004
Copyright 2004 by Librarians' Index to the Internet, LII.
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Posted by Nancy at 09:41 AM | TrackBack

"American Law Sources On-Line"

From the e-newsletter: "ALSO!
This site aims to provide "a comprehensive, uniform, and useful compilation of links to freely accessible on-line sources of law for the United States and Canada." Provides browsable links by country and state or province. Also includes links to uniform laws, law reviews, law schools, and monographs. Some portions are searchable. From LawSource, Inc., a content provider for publishers of both federal and state legal materials."
Source: LII Librarians' Index to the Internet
NEW THIS WEEK for February 19, 2004
Copyright 2004 by Librarians' Index to the Internet, LII.
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Posted by Nancy at 09:36 AM | TrackBack

"Restricted Access to OSHA Enforcement Database"

From the e-newsletter: "OSHA's database that permits users to search for enforcement inspections by the name of the establishment currently posts the following notice to users:
· "In order to effectively manage the costs of providing public access to this data, OSHA has restricted search times to normal business hours." (link from NICAR listserv)"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
19 February 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Posted by Nancy at 09:33 AM | TrackBack

Three Interesting Articles From FindLaw for Your Clients

It's Tax Time: Findlaw's Tax Center Can Help
FindLaw: Taxes and the IRS

From the e-newsletter: "It's that time again -- tax time. From finding forms to understanding credits and deductions, FindLaw's Tax Center offers useful articles, answers FAQs, and provides resources for taxpayers to help make April 15th a little more bearable.
Too Taxing? Find an Experienced Tax Attorney Near You"
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Newsletter Providing Tips, News, and Resources for the Public
** Now Weekly **
February 19, 2004, Issue # 20
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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Posted by Nancy at 09:28 AM | TrackBack

"Tips for "Good Behavior" When Getting a Traffic Ticket"

FindLaw: Traffic Violations

From the e-newsletter: "Many people simply pay for a speeding ticket or other moving violation ticket and try to put it in the past. However, in some situations you may feel like you have been unfairly charged with a traffic law violation. If you get a traffic ticket, and you want to fight it, here are some tips for how to handle yourself both during the traffic stop and afterward in traffic court.
Traffic Violations: Links to More Resources, Including State DMV's"
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Newsletter Providing Tips, News, and Resources for the Public
** Now Weekly **
February 19, 2004, Issue # 20
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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Posted by Nancy at 09:22 AM | TrackBack

"Pros and Cons of Declaring Bankrupty Under Chapter 7"

FindLaw: Bankruptcy & Debt

From the e-newsletter: "If you are considering filing for bankruptcy, here is a list of pros and cons to consider as you decide whether Chapter 7 bankruptcy is the best option for you."
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Newsletter Providing Tips, News, and Resources for the Public
** Now Weekly **
February 19, 2004, Issue # 20
Copyright (c) 2004 FindLaw, Inc. All rights reserved.
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Posted by Nancy at 09:17 AM | TrackBack

February 19, 2004

"Saving Money on Legal Research"

From the blog: "The recently-completed Network-Lawyers seminar on search engines covered many worthwhile topics, including the relative utility of Westlaw and Lexis as compared with free search engines like Google. I strongly agreed with one comment from Ernest Svenson: "Sadly, most attorneys are conditioned to only think about using a paid service. And, to my mind, that is almost as inefficient (over the long run) as never using Westlaw, Lexis or Loislaw and ALWAYS relying on the Internet."
For reasons explained in prior posts at Netlawblog and Fedlawyerguy, free search engines are sometimes qualitatively superior to expensive proprietary alternatives.
Here are a few additional factors to be considered:

* Expertise with the different resources. My perception is that law librarians, who probably understand the more esoteric Westlaw/Lexis search syntax better than the average lawyer, tend to be the strongest proponents of the proprietary databases. Because law librarians are more familiar with the proprietary databases, I believe they tend to underestimate the non-monetary costs involved when non-experts try to use them.
* Free search engines often save large amounts of time. It is not a trivial task for most lawyers to select the proper subsets of one of the proprietary databases, phrase a good search, and then deal with a "drop" much larger or smaller than expected. With Lexis and Westlaw, if you select the right database(s) and phrase a decent search request, what is the result? All too often, an undigestable mass of tens of thousands of hits in chronological order. By contrast, good free search engines use superior algorithms, including link analysis, that, combined with an intelligent request, in many cases will push the desired result close to the top of the list of results returned.
* Personality type is another big factor. Some people like hierarchy, order, predictability above all. These people are greatly comforted by the fact that a third party is vouching for the accuracy of every document in the proprietary databases. Other people--ones Keats might say are high in "negative capability" --are more comfortable in their ability to handle ambiguity, randomness and unpredictability. Those in the latter group are more confident in their ability to assess the reliability of information that comes their way. People in the first group will be reluctant to use anything except paid databases, while those in the second group will be more likely to have the mental flexibility to use whichever resource is most appropriate for a particular project."
Source: eLawyer Blog, 14 February 2004

Posted by Nancy at 10:07 AM | TrackBack

Some Useful websites from G Baker

If you don’t have these bookmarked – you should!

THE STATE WEB LOCATOR - OHIO
Center for Information Law and Policy

· State Home Page
http://www.ohio.gov/

· State Documents
Ohio State Constitution
http://www.legislature.state.oh.us/constitution.cfm
· Executive Branch
Office of Management and Budget
http://www.state.oh.us/obm/
Secretary of State
http://www.state.oh.us/sos/·

Departments and Agencies
Department of Agriculture
http://www.state.oh.us/agr/
Department of Commerce
http://www.com.state.oh.us/odoc/business.htm
Department of Education
http://www.ode.state.oh.us/
Environmental Protection Agency
http://www.epa.state.oh.us/
State Auditor
http://www.auditor.state.oh.us/
Ohio Public Library Information Network
http://www.oplin.lib.oh.us/
Travel and Tourism (Tr@vel.Ohio)
http://www.travel.state.oh.us/
Ohio State Tax forms - PDF
http://searchpdf.adobe.com/proxies/1/25/60/66.html
Source: Email from G. Baker, 18 February 2004, “Useful Ohio Links”
Also from Baker: “Court Web Sites at http://www.ncsconline.org/D_KIS/info_court_web_sites.html

Posted by Nancy at 09:59 AM | TrackBack

A Good Article on Blogs and Lawyers

It's a Blog World After All

In the news: “As a solo practitioner and creator of the MyShingle.com Web log for solo and small-firm lawyers, Carolyn Elefant is frequently asked two questions by fellow solos: "What are blogs?" and "What will blogs do for my business?" Blogs have much to offer solos seeking to build and market their practice: Just for starters, they can serve as "quick and dirty" Web sites that help solos gain visibility, keep current on practice areas, and make new contacts.”
Visit Automated Lawyer
Source: Law.com’s Today’s Legal News, 19 February 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.

Posted by Nancy at 09:49 AM | TrackBack

"Circular Cleaning Of CDs Bad?"

From the e-newsletter: "In "Last (?) Word On Preserving CDs" we mentioned an excellent, objective resource on the care and feeding of CDs--- and by extension, DVDs. But that item also raised questions for some readers, including this:

Hi Fred, This is from the one-page in your newsletter:

" 9. Remove dirt, foreign material, fingerprints, smudges, and liquids by wiping with a clean cotton fabric in a straight line from the center of the disc toward the outer edge."

I always figured you should clean a CD in a circular motion. What gives? Thanks, Steven Groginsky

Cleaning in a circle (ie following the circumference of a CD) can create a curved scratch that can fool the laser; the laser may try to follow the scratch instead of
the real data track: You can get skips or misreads as a result.

But by instead wiping *across* the CD (eg along the diameter or radius) any accidental scratches are unlikely to cause mis-tracking: The CD remains readable.

No scratch is good, of course: You should use only soft cleaning cloths; and never rub any harder than is absolutely necessary.

BTW: This is partially an age-dependent issue! People who grew up with vinyl--- or shellac!--- audio records learned to clean them by wiping in a circular motion, in the direction of the physical grooves. But that's exactly the wrong way to clean an optical disc. (And even now, I can imagine some younger readers saying to themselves, "shellac?..." )"
Source: The LangaList Standard Edition
16 February 2004
Copyright (c) 2004 Fred Langa / Langa Consulting LLC. All worldwide rights reserved.
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Posted by Nancy at 09:45 AM | TrackBack

"Yahoo Launches New Search Engine"

From the company's press release:
· "Yahoo today announced that it has created a more comprehensive and relevant search experience for users through the deployment of its own algorithmic search technology on Yahoo!® Search (http://search.yahoo.com). Starting today, the company will begin rolling out the new Yahoo! Search Technology (YST) and expects to continue the process on a worldwide basis over the next several weeks. With the completion of the deployment, Yahoo! Search Technology will power nearly half of all online searches in the U.S.
· Yahoo! Birth of a New Machine, by Chris Sherman"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
18 February 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Posted by Nancy at 09:38 AM | TrackBack

"Fines for Finns"

From the e-newsletter: “If you are going to speed In Finland, you had better not be wealthy.
Read the dialogue between a police officer and a driver pulled over for speeding.”
Source: Legal Humour News - February 18, 2004
(c) 2004 by Daniel Strigberger. All rights reserved.
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Posted by Nancy at 09:34 AM | TrackBack

February 18, 2004

"Trey Ryder's Lawyer Marketing Alert"

HERE'S THE MOST POWERFUL, MOST PRODUCTIVE, MOST EFFICIENT WAY TO GENERATE RESPONSES FROM ADS” by Trey Ryder
Source: ESQlawtech, 18 February 2004
© 2002-2003 ESQlawtech, Ltd.

Posted by Nancy at 11:32 AM | TrackBack

"5 Quick Tips for Choosing Clients"

Carolyn Elefant writes: "This month's ABA GP Solo Newsletter for New Lawyers has this quick read by Greg Lawless entitled The Big Bad Client -- How to Say No. As Lawless writes, most lawyers find themselves in trouble not so much because we see every new client as a source of income but rather, because we crave challenges and have an innate desire to try to help others out. But it's these traits that can get us in trouble and cause us to wind up with a whole mess of clients we'd rather not have. The tips to avoid this: Ask if the case is a good one, whether you communicate well with the client, does the case makes financial sense, can it be handled efficiently and effectively and...bottom line - do you really want to do it? (I'd add my own tip here which is to stick to this advice!) After all, as Lawless points out, there are millions of clients out there and you can't represent them all. So pick the ones who pass the test to make your practice thrive."
Source: MyShingle, 17 February 2004

Posted by Nancy at 11:27 AM | TrackBack