Memorial Day
"Uncover the interesting history of the holiday we now call Memorial Day. Discover little-known facts about America's wars and stop by the Veterans' Forum message boards to share your views with veterans, their loved ones, and fellow history buffs." Includes audio clips where you can "listen in as some of America's veterans share their memories of war." From the History Channel.
Memorial Day
Basic guidelines for observing the National Moment of Silence (3 p.m. local time) for Memorial Day. Suggestions include a minute of silence, turning on headlights, tapping a glass, and more. From the U.S. Office of Personnel Management.
National Moment of Remembrance
This site aims to "promote the National Moment of Remembrance and the Memorial Day anthem, 'On This Day,'" an anthem by Charles Strouse, "award-winning composer of Annie and Bye Bye Birdie." It provides some lyrics, audio files, and sheet music. From The National Association for Music Education (MENC).
White House Commission on Remembrance
This site dedicated to Memorial Day (a U.S. holiday observed in May) offers a "History of Sacrifice," listing casualties from major conflicts back to the American Revolution, and background on the "Moment of Remembrance," a minute of reflection held at 3 p.m. local time on the holiday. Includes interesting resources such as the history of the military music known as "Taps," and the words and music for the Memorial Day anthem, "On This Day."
Source: LII Librarians' Index to the Internet
NEW THIS WEEK for May 27, 2004
Copyright 2004 by Librarians' Index to the Internet, LII.
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From Dennis Kennedy: "Cindy Chick has written an important article called "West KM/Lexis TotalSearch or Enterprise Search Engine?"
The short article does an excellent job of spelling out the differences between the West and Lexis approaches (tend to be more useful for litigation practice) and enterprise search engines. such as Recommind. Her article largely confirms my observations, except that I would say that the enterprise search engines really rock. There are a number of companies doing some very cool things in that area. I've offered myself to several of them to be the first beta tester if they develop a personal version of their tools.
There's a very important point hidden in this article that I want to bring out into the open. While, as I have mentioned, there are some very talented people working on KM initiatives at large law firms, it has become very clear that KM, at least in the early stages, means using an enterprise search engine (or the Lexis or West alternatives) as a better way to find documents. There are a number of reasons for this happening that largely involve lawyer behavior.
Here's the key point - probably the main selling point for the "big iron" document management systems large law firms have purchased is simply the ability to find the documents you need. Unfortunately, in my own experience with a high-end DMS, I had no confidence that I could find the documents I wanted or could be sure that nothing else existed. Apparently, my experience was not unique.
What does it mean when law firms are adding enterprise search tools primarily to search for documents? I was recently in a room of law firm CIOs and grew increasingly puzzled by the discussion of how KM is being implemented. I finally asked if anyone would disagree with my conclusion that they were saying that document management systems in large law firms were desperately broken? I didn't get any takers.
What does that mean, given the money spent on DMS by law firms? What does that mean for clients of law firms when those clients have Sarbanes Oxley or other recordkeeping obligations? What are the implications of a system where fundamental doubts about security, authenticity and validity of documents managed by law firms are subject to question? I think that these are all BIG questions."
Source: DennisKennedy.blog, 27 May 2004
From Glenn Garnes: “Earlier this week, I was introduced to a tool that will make life easier for any lawyer who uses PowerPoint. It's called "Articulate Presenter". This program is really extraordinary in that it allows you to take any PowerPoint presentation, add narration to it, and then convert it into a streaming Flash file.
Once converted, you can post it on a web site for playback, or burn it down to a CD for distribution. You can even email it if you like.
I picked up a copy of Articulate Presenter from my good friend Mike Stewart, the Internet Audio Guy, and after 45 minutes of instruction on how to create PowerPoint presentations, Mike had me converting them to Flash in minutes.
He'res a sample of a very quick presentation Mike did to advise a client on some software and hardware products he recommended. This presentation took Mike a total of about 15 minutes, and communicated the information alot more graphically than he could have using text, or any other medium for that matter. Needless to say, the client was very impressed!
Articulate Presenter actually works from inside PowerPoint. You simply click the program link and it allows you to add audio to individual slides, import other Flash files for playback from within your presentation, and even add a picture, bio, and email address for the presenter. The web based output even allows you to include live links to the web, and interactivity with the viewer in the form of surveys or quizzes.
Now, for those of you wondering how you would use this program, consider the ability to do a seminar on a topic of interest to potential clients or referral sources, and having the ability to stream the whole thing from your web site. If you do presentations for hire, you can now create a digital version for sale or playback for those who were unable to attend your live presentation. In fact, you could feature a web site specifically devoted to online education content, and actually charge a fee to subscribe. Regardless of how you do it, Articulate Presenter will allow your PowerPoint presentations to do double duty on the Web or on CD.
Articulate presenter will cost you $699, but I've already recouped my investment in the first two presentations I did. Mike tells me that his company used to charge a few thousand dollars in technician time to do what Articulate Presenternow does in minutes for his clients. That's an incredible time and money savings!
Mike also offers training and support on all the products he sells, including Articulate Presenter, so you're guaranteed to hit the ground running just like I did.
Be sure to contact Mike at 770-932-9567, or email him at mike@internetaudioguy.com."
Source: ESQlawtech, Ltd.
28 May 2004
© 2002-2003 ESQlawtech, Ltd. All rights reserved.
Tom Mighell posts: “In addition to the features most search toolbars have, the new Yahoo Toolbar also features Anti-Spy, which claims to find and remove spyware and other unwanted programs. Let's see if it works better than Ad-Aware, Spybot, or Spy Sweeper on removing the bad stuff.”
Source: Inter Alia, 28 May 2004
From Gary Price: "They keep coming! You can find a complete list here and a few comments in our 4/21/04 post.
+ Area Codes: "To find the area code for a city or see what cities are within an area code, search on the area code or city name and 'area code.'" Example: area code seattle)
+ Calculator: "Use Yahoo! Search to do basic mathematical calculations. You can add (+), subtract (-), multiply (*) and divide (/)." Example: 4*(12-6/3)
+ Exchange Rates: "To find the exchange rate for a unit of currency or convert one currency to another, search on "convert" and the currency or currencies you would like to convert." Example: convert yen dollar
+ Time Zones: "To get the current time or determine the time zone for a location search on 'time' or 'time zone' and the location." Example: time in paris
+ Weights and Measures: "To convert any number of metric or Imperial/English units in whole or decimal form, search on 'convert' and the units you would like to convert. Use * to indicate degrees." Example: convert miles to km
+ Zip Codes: "To find the area code for a city or see what cities are within a zip code, search on the city name and 'zip code.'" Example: zip code austin
See: Yahoo! Search Shortcuts Cheat Sheet
and while we're on the Yahoo! Beat...
ResearchBuzz Has Info on the Linkdomain: Syntax"
Source: The ResourceShelf, 28 May 2004
CareerJournal.com: Salary and Hiring Information
As far as juicy information goes, salary data is among the juiciest. Who makes what? How do you stack up against your peers? If you relocate to a city in a different part of the country, can you expect to earn what you earn now? What's a good ballpark figure to hold in your head when you've been called back for that second interview? Or maybe you need hard data to prove to your boss that you are, in fact, underpaid. There's a real good chance you'll find just the numbers you need on this page, specifically, from the scroll menu in the blue box at the top of the right column. Let's choose...uh, Librarians. Highlight it and click "GO" at the bottom of the box. In the center column, up pops an article about hiring trends for corporate librarians. Beneath the blue box on the right, you'll see another blue box labeled "Salary Trends." Here's the good stuff, folks… For each table, the source/data is indicated in italics at the bottom. Go ahead...satisfy your curiosity now. Other fishing holes for salary data:
+ Bureau of Labor Statistics: Weekly Earnings Data (See especially the table Median weekly earnings of full-time wage and salary workers by detailed occupation and sex.)
+ GovExec.com: Salary and Benefits (federal employee pay schedules, etc.)
+ JobStar: Salary Info Index
+ Occupational Outlook Handbook
+ Portico's collection of salary guides (resources for "advancement professionals")
+ Salary Guides and Guidance (The Riley Guide)
+ Salary.com"
Source: The ResourceShelf, 27 May 2004
Legal Articles on Marriage and Living Together
From the e-newsletter: "Learn about common law marriage, prenuptial agreements, same-sex parenting, and much more with FindLaw for the Public's collection of legal articles on marriage and living together:
http://public.findlaw.com/family/articles.html"
Marriage and Living Together Laws in All 50 States
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
May 27, 2004. Issue # 34
Copyright © 1994-2004 FindLaw, a Thomson business
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From the e-newsletter: “From FindLaw's Bankruptcy and Debt Center, information about the basic options available to someone who is in financial distress, including how to handle bills and loans, credit counseling, bill consolidation, whether bankruptcy is an option, and other alternatives.”
Read full text
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
May 27, 2004. Issue # 34
Copyright © 1994-2004 FindLaw, a Thomson business
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From the e-newsletter: "If you are involved in an accident or suffer an injury while on the job, you should know about your rights to vocational rehabilitation, your responsibilities in connection with rehabilitation, and your employer's obligations."
Read full text
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
May 27, 2004. Issue # 34
Copyright © 1994-2004 FindLaw, a Thomson business
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In the news: “Finally, there's an easy way to stay on top of the infoglut. And you can do it by looking at just one window on your computer desktop. RSS, or "really simple syndication," funnels dynamic Web site headlines to harried newshounds by actively scanning the Web and looking for subjects of the user's choice. If an RSS-retrieved headline looks intriguing, you just click on it, and your Web browser takes you to the article.”
Read full text
Visit Automated Lawyer
Source: Law.Com's Today's Legal News, 27 May 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
From the blog: "2004 TechnoLawyer @ Awards: The Legal Profession's Version of the Oscars."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the blog: "Internet security company CoreStreet offers freeware, called SpoofStick, which analyzes Web page domains and reveals whether or not they are valid.
RELATED
How to Avoid the "Phish" Hook"
BusinessWeek, 24 May 2004
Source: TVC Alert , The Virtual Chase
27 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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A LangaList letter: "Fred, I ran across this page ( http://www.corestreet.com/spoofstick/ ) and thought you might want to check it out. As the review that I read suggested, it isn't a perfect solution, but until browsers plug this phishing hole, it's at least a start! So far, you can download spoofstick for IE and Firefox. Keep up the great work, Joseph A. Fee
Thanks, Joseph (and several other readers who sent in similar emails)! SpoofStick is free, and:
---SpoofStick just sits there contently displaying the domain name of the site you're currently on.
---Before entering any information into a site, glance up at SpoofStick to confirm that you are where you think you are.
---SpoofStick is a normal IE toolbar, so you can turn it on and off by going to the View-Toolbars menu and toggling the checkmark next to SpoofStick...."
Source: The LangaList Standard Edition
27 May 2004
Copyright (c) 2004 Fred Langa / Langa Consulting LLC. All worldwide rights reserved.
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New on LLRX.com for May 24, 2004:
http://www.llrx.com
**Who Downloaded the Spyware? Not Me!
http://www.llrx.com/features/spyware.htm
Chris Hayes profiles the purpose of spyware, how it proliferates, software to identify programs that reside on your PC and network, and recommendations for anti-spyware applications to block future intrusions.
**Coming Soon - the Death of Search Engines?
http://www.llrx.com/features/deathsearchengine.htm
Rita Vine addresses why she believes searching is getting harder and less productive, and offers suggested solutions to this dilemma.
**Trends in Blog Searching
http://www.llrx.com/features/trendsblogs.htm
Blogs have become increasingly visible, and in many cases their content more useful to researchers. Christina K. Pikas reviews tools and strategies to leverage this information more effectively.
**Change Strategies Are the Key to KM
http://www.llrx.com/features/changestrategies.htm
Nina Platt defines change management and the significant role it plays in the successful implementation of KM initiatives.
**International Commercial Arbitration: Locating the Resources (Revised)
http://www.llrx.com/features/arbitration2.htm
Jean M. Wenger's comprehensive guide provides references to print and online resources representing over three dozen areas, including: Major Works and Publications, Treaties and Conventions, Arbitral Institutions, Specialized Arbitration, and Locating Literature and Resources.
**Online Legal Information in Denmark, Norway, and Sweden - Updated
http://www.llrx.com/features/scanda.htm
Suzanne Thorpe's guide provides a country-by-country overview of the legal databases and online guides to electronic legal resources that are currently available.
**Metaforix@Health - Prescription Drug Pricing: Issues and Resources
http://www.llrx.com/columns/metaforix5.htm
Prescription drug reimportation is the focus of this month's column by Lois C. Ambash, who provides an insightful and resource rich review of reliable data on this hot topic.
**Notes From the Technology Trenches - Reader Responses: Teaching Cost Effective Searching & Bloomberg for Law Firms
http://www.llrx.com/columns/notes70.htm
Cindy Carlson summarizes reader comments on her two most recent columns, adding additional information to these timely subjects.
**After Hours: Travel Tip, Book It! and Time Travel Tickets, Part 1
http://www.llrx.com/columns/afterhours10.htm
For those who will be visiting Boston this summer, Kathy Biehl shares her detailed recommendation for the best ice cream shop in town, as well renewing acquaintances with old food favorites that have become new again.
**Wisdom From the Grammar Goddess: You May Quote Me on That
http://www.llrx.com/columns/grammar11.htm
Through a range of examples, Diane Sandford illustrates the proper use of quotation marks and italics.
**FOIA Facts: Legislative FOIA action (and inaction)
http://www.llrx.com/columns/foia10.htm
Scott A. Hodes writes that in contrast to the federal government, state legislatures are constantly amending, rewriting and changing their access laws.
**Burney's Gadgets for Legal Pros: Review of PalmOne's Zire 7.2
http://www.llrx.com/columns/legaltech22.htm
Brett Burney recommends this affordable, "starter" PDA, which along with the standard calendar and contact features includes accessories such as camera and video, voice recorder, speakers, and document software.
**LLRX.com Bookstore - new recommendations available
http://www.llrx.com/bookstore/
Source: LLRX Update, 27 May 2004
Copyright © LLRX TM, Law Library Resource Xchange, LLC. All rights reserved.
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From Sabrina Pacifici comes: "Blog Software Breakdown via Slashdot, compares features and requirements of the following apps: b2Evolution, Nucleus CMS, Serendipity, SPIP, TextPattern and WordPress." From the article: “Only server-installed scripts will be included in this list. (Sorry, no Radio, Blogger, etc.)”
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Sabrina's find: "From today's WSJ (subscription req'd), Study Questions Whether Google Really Is Better - "A new survey suggests that Google's search engine doesn't necessarily provide significantly better, or more useful, search results than do rivals...Yahoo Inc. , Ask Jeeves Inc.'s Ask.com site, Microsoft Corp.'s MSN and Terra Lycos SA's Lycos delivered correct or useful results almost as often as did Google."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
25 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the blog: “Cindy Chick reports briefly on how WestKM and Lexis Total Search differ from knowledge management products offered by enterprise search engines.”
Source: TVC Alert, The Virtual Chase
26 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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In the news: “Shaw Pittman decided two years ago to go where few law firms dare to venture: professional sales. The firm hired a nonlawyer salesman, José Cunningham, who, just one month later, helped snag what became one of its biggest clients. Shaw Pittman's unorthodox hiring of sales personnel points to a growing trend, according to its managing partner, who says, "The world of law firms is catching up to the way businesses have been operating for a long time."
Read full text
Source: Law.Com's Today's Legal News, 26 May 2004
Copyright 2004 ALM Properties, Inc. All rights reserved.
From the blog: “Danny Sullivan and Chris Sherman examine the recent iProspect survey on search behavior. Some interesting findings include:
· 56 percent of those surveyed use search engines daily.
· 21 percent conduct searching four or more times per day.
· 57 percent use the same search engine.
· 13 percent use different search engines for different types of searches.
RELATED
Canadians Use Search Engines More Than Americans SiteLines, 25 May 2004”
Source: TVC Alert, The Virtual Chase
26 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the blog: “WebEx Communications Inc., the company behind Web conferencing tool WebEx, introduced a service for on-the-Web training. I have used WebEx recently to conduct brief in-house presentations on various research tools and technologies. I also used it about a week ago to collaborate with a colleague about documents and information to be presented in an upcoming workshop. While it's not flawless, it's an incredible technology that facilitates sharing information with folks located in different geographic areas.”
Source: TVC Alert, The Virtual Chase
26 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From Cindy Chick: “Considering how much we use email these days, it's particularly important that we use it effectively. So here's a tip that may save you some grief. The more people you copy on an email, the less likely you are to get a response. Not exactly intuitive, is it? Yet that's exactly what a recent CNET news article claims.
If you think about it, it makes sense. There is a certain sense of responsibility involved with being the sole recipient of a request for help. A message sent to a large group inevitably leads to the conclusion that the other guy will help out.
Of course, I'm not sure this applies to librarians. Send an email message to a large group of librarians, and you may get a large number of responses! We're just such a darn helpful bunch."
Source: LawLibTech, May 24, 2004
From the blog: "The 12-physician Orthopedic Specialty Group, with offices in Fairfield, Stratford and Shelton, has put hundreds of Connecticut trial lawyers on notice that the cost for their attendance at depositions and trials is about to soar, due to rising malpractice insurance costs.
In a May 7 letter to lawyers on its mailing list, Dr. Robert A. Stanton explained his group has "updated" its fees to a startling $12,000 per day for court appearances. It now charges a similarly exorbitant $4,000 for the first two hours of a deposition, and $1,000 per hour thereafter. "All services will be required to be paid in advance," the letter states.
Details here from The Connecticut Law Tribune via Law.com."
Source: The Legal Reader, 25 May 2004
From the blog: “The Federal Judicial Center released a report on sealed settlement agreements in U.S. District Courts. The 172-page report examines the frequency and circumstances of sealed agreements.”
Source: TVC Alert, The Virtual Chase
26 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the site: "On May 25, 1925, the "Scopes Monkey Trial" began in Dayton, Tennessee. John Scopes, a local schoolteacher, was charged with teaching the theory of eveolution, contrary to Tennessee state law. Learn more about the Scopes Monkey Trial in JURIST's Famous Trials."
Source: Jurist's Paper Chase, 25 May 2004
From the blog: "Blogging behind the firewall - InfoWorld’s internal Weblog started as an experiment. Already, it’s indispensable."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
24 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From Joy London: “In Resumes Are for Dummies, Brenda Sandburg interviews Bruce MacEwan, author of the new blog Adam Smith, Esq. Bruce hopes his blog, which is devoted the economic of law firms, will create greater visibility and possible employment opportunities for himself. This is definitely an interesting and different use of blawgs!
Bruce is right—"Bloggers gather a following by word of mouth, which intensifies as their blogs get listed on other people's directories." I was one of the blawgers contacted by Bruce when he was thinking about launching his own blog. Bruce and I share information about interesting KM articles and we cross-blog to each other websites frequently."
Source: Excited Utterances, 24 May 2004
From the blog: “If you are trying to decide which blogging software/service to use, take a look at this chart. It compares features, licenses and costs of blogging software."
Source: TVC Alert, The Virtual Chase
25 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the blog: "Courtesy of George (Tex) Quesada and Caroline McCracken, of the Dallas law firm Sommerman & Quesada, we give you Daubert on the Road -- their helpful survey of federal and Texas decisions on the admissibility of expert testimony on vehicular crashes (accident reconstructionists, law enforcement officers, and more)."
Source: Blog 702, 19 May 2004
From the blog: “Nancy Blachman, co-author of How to Do Everything with Google, offers this detailed guide to searching Google. Novice and adept searchers alike will learn something new. My favorite section--Using Search Operators--unveils several undocumented search qualifiers as well as those used exclusively by Google specialty engines. Take heed of the author's warning, though; "Google may change how undocumented operators work or eliminate them completely."
Source: TVC Alert, The Virtual Chase
24 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From the blog: "Mark Voorhees of AmLaw Tech has a nice piece on Microsoft's OneNote. Among its virtues, he writes, "OneNote has almost all the advantage of taking notes on paper without many of the limitations of paper. It's much easier to share, organize, and reuse electronic notes than handwritten ones. OneNote also has none of the disadvantages of taking notes on software designed for other purposes. You can type anywhere on the page, without following the top-down, left-to-right regimen of Word. You can add a new note without creating a new file. And you don't need to save your notes; the program does that for you automatically."
On a side note (pun intended), Mark prominently mentions fellow legal tech bloggers Dennis Kennedy and Ron Friedman, who've posted their kudos for OneNote. Lindsay Thompson at Thompson Gipe provides yet another positive vote for OneNote."
Source: LawTech Guru by Jeff Beard, 25 May 2004
From the blog: "New Pew Internet and American Life Project Report released today: "How Americans Get in Touch With Government - Internet users benefit from the efficiency of e-government, but multiple channels are still needed for citizens to reach agencies and solve problems." (38 pages, pdf)
· From the Summary: "In sum, e-gov is a helpful tool among several options for reaching out to government, but it is by no means the “killer app” among them. People’s problem-solving capacities matter to successful outcomes with government, not a specific technology. As policymakers expand the offerings of e-government, they would be wise also to maintain and upgrade the other channels that citizens use to contact government, with a focus on how these traditional channels may complement e-gov applications."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
24 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From Jeff Beard: "Dennis Kennedy's incomparable web links column is up at ABA Law Practice Today.
This month he provides a plethora of PDF resources. As Dennis aptly puts it: "As lawyers, we probably fall into two groups these days: those who have not started to use PDF yet and those who do use PDF but know that they need to learn ways to use it better. The following resources should help both groups."
Source: LawTech Guru by Jeff Beard, 23 May 2004
From Joy London: "[via Australian Legal Eye]
Robert Half Legal, a US based legal staffing service, has published a white paper entitled The Future Law Office 2004: New Perspectives on the Business of Law.
"The white paper indicates new trends within the legal profession are reshaping the practice of law as law firms rethink their traditional structures and employ corporate business models to enhance client service, streamline operations and manage growth."
Source: Excited Utterances, 22 May 2004
Sabrina blogs: "A modest proposal for using blogs to keep IT teams and management up-to-date on implementation:
· "IT organizations that can effectively use blogs as managerial tools (or communication resources) are probably development environments that take both people and their ideas seriously."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
20 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the blog: "Google Blogoscoped reported on a useful new service from the search engine FindForward that allows you to enter search terms and then request that results be provided to you via an RSS feed."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
21 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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Carolyn Elefant writes: “Even as large firms expand into more and more practice area, seems there's one where biglaw interest has waned: estate planning. According to this article, Lawyers move away from estate-planning, KATHY CHU, Dow Business News Wire (5/23/2004):
A growing number of law firms - increasingly under pressure to boost bottom lines - are putting fewer resources behind traditional trust and estate departments. Some firms are spinning off these areas, and some lawyers are voluntarily leaving to start boutique practices. "If you look at a lot of the brand name Wall Street firms, they're not growing estate practices, not hiring and not making partners in these departments," said Jonathan B. Mills, chairman of Cummings & Lockwood, a law firm in Stamford, Conn.
The article lists several reasons for the trend including uncertainty over estate taxes which causes client to hold off on planning, competition from banks and financial planners who also advise clients on estate strategy and finally, the economic fact that large scale litigation and corporate merger practice generate far more fees than a law firm's estates practice. Perhaps this trend will provide increased estate planning opportunities for solo and small firm lawyers.”
Source: MyShingle, 23 May 2003
A letter to & reply from Fred Langa: "Fred, What is the purpose of the key "Print Scrn/SysRq "? Can it be used to print just a portion of something instead of the whole works. HOW? Grady W Eaton
That key can do several things, depending on the OS.
In Windows, it's generally just a screen capture key. If you press it, the current screen is saved to the Windows clipboard. (There's no external confirmation of this--- it happens invisibly.) But you then can paste the image into any graphics-capable application (even Word) and manipulate it as you wish, saving, printing, cropping, editing, etc.
Linux uses the key very differently: As a way to make a "System
Request." See http://www.google.com/search?q=SysRq+linux"
Source: The LangaList Standard Edition
24 May 2004
Copyright (c) 2004 Fred Langa / Langa Consulting LLC. All worldwide rights reserved.
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From the Sabrina's blog: "The Executive Branch Management Scorecard (released quarterly) tracks how well the departments and major agencies are executing the five government-wide management initiatives." [Link] The report scores agencies using a color-coded system - Green for success, for mixed results, and Red for unsatisfactory. "Agencies received 61 red scores, 57 yellow and 12 green, making it the first time the scorecard is not predominantly red." [Link]
· The current report, dated March 31, 2004 is here."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
21 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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From the blog: "According to documents obtained by the ACLU in response to FOIA requests, data mining and surveillance initiatives consistent with the Total Information Awareness program, whose work was suspended by Congress, continue under the auspices of the MATRIX program.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
21 May 2004
Copyright ©2002-2004 BeSpacific LLC. All Rights Reserved.
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"After a Car Accident: First Steps"
From the e-newsletter: "If you or a loved one are involved in a car accident, the actions you take after the incident can help to strengthen your position should you decide to pursue a legal claim for your injuries. Learn about what steps to take in the Car & Motor Vehicles Accident section of FindLaw's new Accident and Injury Center:
http://injury.findlaw.com/car-accident/personal-injury-first.html"
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
May 20, 2004, Issue # 33
Copyright © 1994-2004 FindLaw, a Thomson business
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From the e-newsletter: "From buying and selling a car to dealing with automobile repair shops,
FindLaw for the Public offers answers to some frequently asked questions on "lemon" laws and car ownership."
Source: FindLaw's CONSUMER LEGAL TIPS
A FindLaw Resource Providing Tips, News, and Resources for the Public
May 20, 2004, Issue # 33
Copyright © 1994-2004 FindLaw, a Thomson business
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From Dennis: "Father's Day shopping may be a little easier this year, thanks to CNET's Dad's Gift Guide 2004. It's a helpful list of good tech purchases in a number of categories. You can even choose by the type of Dad you are. I wanted to be a Hipster Dad, but I think I'm more of a Mr. Frugal, especially since I was about to order one of the items recommended for Mr. Frugal.
Source: DennisKennedy.blog, 20 May 2004
From Ernie the Attorney: "No one likes to go to interventions. Tensions are high and there is always a lot of fear, uncertainty and doubt. You can't eliminate the unpleasantness of an intervention, but you can ease some of the tension by simply being prepared. This is especially true if you are the person that is the subject of the intervention. Up til now, there hasn't been much written that would help the intervenee prepare for a meeting with concerned loved ones. But now, from a respected publication (i.e. Modern Drunkard Magazine) comes a timely and well-written article entitled How To Ace An Intervention. "Don't just survive that inevitable showdown. Win it!"
Source: Ernie the Attorney, 24 May 2004
Posted by Tom Mighell: "West's clipping service, IntraClips, is now available for delivery via RSS. Cindy Chick has more on the new service.
This is a huge advance from one of the big legal research companies -- find a way to take advantage of it!"
Source: Inter Alia, 19 May 2004
Carolyn Elefant writes: "On the heels of this recent post on collaborative divorce by Denise Quint comes this more extensive article from the New York Times (5/20/2004) that discusses the concept further. According to the article:
In some ways, the [collaborative divorce process] resembles mediation in its problem-solving approach. But rather than a neutral mediator, each party brings a lawyer to the sessions, as advocate and adviser. But the very format changes how lawyers behave[...]The cornerstone of the process — and its most controversial element — is that the two lawyers sign a pledge to withdraw from the case if either of their clients decides to go to court. This gives the lawyers an economic incentive to leave adversarial habits behind. It also encourages clients to stay at the bargaining table, since bolting means starting over with new counsel.
The article also notes that collaborative divorce is preferable to mediation (where the parties are typically unrepresented) in situations where there is a power imbalance between the spouses. And even in cases where the spouses stand on equal footing, collaborative divorce, by involving attorneys, gives "anguished husbands or wives...someone to stand behind, to be the heavy."
In the New York area, the forty some member New York Collaborative Law Club meets monthly to discuss their cases and trade tips and ideas for achieving resolution. If the collaborative divorce process can lead to collaboration amongst attorneys in this way, then for that reason alone, it certainly seems like something worth pursuing."
Source: MyShingle, 20 May 2004
From the blog: “Wireless networks have many attractions, including low cost and increased flexibility for those on the network. However, "the threat of intrusion is a substantial deterrent, given current wireless standards as implemented by most manufacturers." The article explains the security issues and suggests some techniques for making existing networks more secure”
Source: TVC Alert , The Virtual Chase
21 May 2004
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From Glenn K. Garnes: “According to Gartner Research, some 100 million PC's will be replaced in 2004. Computer manufacturers have been waiting for this point for over a year now as over 30 percent of the nation's PC's are estimated to be over three years old, and in need of retirement.
Computers running older versions of Windows, and dated hardware configurations will impede productivity, and the ability to take advantage of emerging technologies. Law offices, like every other sector of our society has seen advances in technology that will require more up-to-date versions of both hardware and software, so if you're not in the market, maybe you should be.”
Source: ESQlawtech, 21 May 2004
In the news: “Bill Sanders couldn't afford Mary McKnight's six-figure legal bill, so he did carpentry work on her office instead. In response, a Texas appeals court disqualified McKnight from representing Sanders at trial. Now, the state Supreme Court is considering whether to grant review. Some attorneys fear that if the appeals court decision is left standing, it could hurt solos and small-firm lawyers who accept services in what they view as a time-honored tradition.”
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Source: Law.Com's Today's Legal News, 21 May 2004
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Carolyn Elefant writes: "David Giacalone, aka Professor Yabut, solicits my opinion on how a recent Texas decision disqualifying an attorney from representing a client who was providing her with handyman services help pay his legal fees might affect other solos engaged in similar bartering arrangements. Happy to oblige.
By way of background, the Texas case at issue, in re Joyce Sanders (also summarized in this NY Lawyer blurb) held that divorce attorney Mary McKnight could no longer represent her client, Bill Sanders in a contentious divorce proceeding where Sanders' bills alone reached the $100,000. The reason? McKnight had set up a barter type arrangement [with] Sanders whereby he provided $25,000 in carpentry work on McKnight's office to defray his legal expenses. Opposing counsel thus identified McKnight as a witness who could testify regarding Sanders' ability to pay child support and moved for her disqualification. The majority agreed, citing the "potential confusion to the fact finder" which might result from McKnight's dual role as Sanders' attorney and a witness in his case. By contrast, the dissent found any possibility of confusion minimal. And the dissent questioned the moving party's motives, stating that:
Additionally, disciplinary rule of professional conduct 3.08 should not be used as a tactical weapon to deprive the opposing party of the right to be represented by the lawyer of his or her choice because reducing the rule to such a use would subvert its purpose. That is precisely what happened in this case. Relator's attorney was aware of issues regarding the handyman work for at least nine months prior to the priority jury trial setting in this case. Counsel waited until two months before trial to designate McKnight as a witness that he would call and move to disqualify her from representing her client.
We'd have to agree with the dissent here. Moreover, even if there was concern about dual testimony, it's unclear why the attorneys could not have adopted the solution of one of my colleagues who faced a similar situation when she represented her paralegal at a hearing. The parties simply stipulated to the paralegals' earnings from the attorney, thereby taking the attorney out of the equation entirely. That's certainly a simpler solution than that of the Texas court.
And, getting to the question that David asked, the decision does put bartering arrangements at risk. I consulted with a number of colleagues on the solosez listserv and many, including some from Texas, had entered into barter arrangements with clients, particularly in the early days of practice. And early last month, we had this post describing some of the more unusual lawyer-client bartering arrangements. And while this decision angered or raised the interest of bartering attorneys, I don't think any believed (and I would agree) that the decision would stop lawyers from entering into bartering arrangements. Still, the decision is an annoyance because it creates yet another caveat that lawyers will have to discuss with clients prior to entering into a retainer (e.g., please be aware that you can provide goods or services of equal value to pay your legal bill but be aware other side may seek discovery on the value of your services performed and that I may need to give testimony on this point and if so, could be disqualified). And as with most of the other annoyances we solos face, this one simply could have been avoided with a little common sense and judicial restraint.
Editor's Note - Of course, we can't help but wonder whether the case would have been decided differently had McKnight offered opinions by the same reknowned ethics experts like Steven Gillers and former ABA president Talbot D'Alemberte who David Boies retained in defending against ethics charges that he improperly "fronted" the costs of his clients' case. Gillers and D'Almberte (as well as others) opined that Boies payment of various case expenses in addition to rendering services pro bono did not run afoul of ethics code provisions that otherwise prohibit lawyers from advancing money to clients to bring a case. As reported here, the complaint against Boies was, not surprisingly, dismissed."
Source: MyShingle, 20 May 2004
From Dennis Kennedy: “As many of you know, one of my outside projects is the American Bar Association's Law Practice Today webzine. The May issue is now out and is chock-full of great articles.
Here are a few highlights:
A set of three articles, including What Clients Want: Learn How to Listen to Clients When They Talk (Foonberg's Rules of Listening), from Jay Foonberg whose legendary book How to Start & Build a Law Practice, which launched many law practices, will soon appear in a new fifth edition.
Ed Poll's Six Things That Drive Clients Crazy (And What You Can Do to Avoid Them). Ed's new book, Collecting Your Fee: Getting Paid from Intake to Invoice, is drawing a lot of high praise and is on my reading list.
My good friend Wendy Werner has an excellent article that deserves a wide audience called Where Have the Women Attorneys Gone?
This issue has seven feature articles and six columns and will help cement Law Practice Today as a must-read for anyone seriously interested in the business of the practice of law.
I've chipped in with my monthly links column, Putting PDF and Adobe Acrobat into Your Tech Toolbox.
You can subscribe to a monthly e-mail "reminder" version of Law Practice Today, whether or not you are a member of the ABA Law Practice Management Section, at http://www.abanet.org/lpm/lpt/subscribe.html.
We are also ready to talk to potential sponsors and advertisers for placement in both the email version and on the web edition as well. If interested, get in touch with me and I'll get you to the right people.
I also want to note the great work Fred Faulkner at ABA does in producing and handling the technical end of LPT. Check out Fred's blog.”
Source: DennisKennedy.com, 20 May 2004
Informative Client News for Your Website
From the blog: “The Cellular Telecommunications and Internet Association plans to release a public directory [Free registration required] of cell phone numbers later this year. Critics predict that cell phone will be plagued with all kinds of junk mail, including telemarketing calls, spam and junk faxes. The article does not mention the Federal Trade Commission's Do-Not-Call Registry. Concerned owners might want to register their cell phone numbers.”
Source: TVC Alert , The Virtual Chase
21 May 2004
(c) Copyright 1999, 2000, 2001, 2002, 2003, 2004 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
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From an e-mail: "[The] Deadline for the two Law Day contests is June 11, less than a month away. We've already received a few entries. These contests are a great way to get recognition, so don't forget to set aside a little time to enter.
The Law Day Activity Award Competition recognizes outstanding Law Day programs--usually 4-6 per year--and carries with it plaque and a $100 credit toward the purchase of Law Day items.
You can find out about last year's activity award winners, and how to enter this year's contest, at http://www.abanet.org/publiced/lawday/oaa/home.html
The Finch Speech Award Contest recognizes outstanding Law Day speeches—with a $1,000 check to the winner, and recognition for the organizations hosting the event at which the speech was given. Make sure to get a copy of the speech to submit--either an electronic version or hard copy.
You can read last year's award-winning speeches and find out how to enter this year's contest, at http://www.abanet.org/publiced/lawday/finch/home.html"
Source: E-mail from Charlie White, Division for Public Education (15.3), American Bar Association, 19 May 2004
In the news: “The question of document retention policy comes at a time when new forms of information are redefining the concept of the document itself. The convergence of retention policies with technology presents challenges and opportunities for lawyers, both in their own operations and in serving the interests of their clients. For the legal practitioner, document retention is the genesis of any document management program.”
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Source: Law.Com's Today's Legal News, 20 May 2004
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Public Access to Court Records
From the blog: "This site is an information clearinghouse on the topic of public access to court records and the current debate on privacy concerns that arise as courts improve and expand their court information systems and put more information on the Internet."
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