Robert posts: “This week's Coast to Coast, the legal news podcast cohosted by J. Craig Williams and me, features two distinct segments, each with great guests:
First we look at lawyers and pro bono. Our guests are Mark O’Brien, deputy director of Probono.net, a non-profit organization in NYC that provides access to justice through innovative technology and volunteer lawyer participation, and Ken Babcock, executive director and general counsel for the Public Law Center, Santa Ana, Calif., which is in its 24th year of providing free civil legal services for residents in Orange County.
In the second half, we get a preview of the Supreme Court's new term from Marcia Coyle, Washington bureau chief for the National Law Journal and analyst for the NewsHour with Jim Lehrer on PBS.
Listen to this week's program here or see the complete collection of past programs here."
Source: Robert Ambrogi’s LawSites, 28 September 2005
In the news: “No longer seen as mere forums for law gossip or associate griping, blogs are becoming a marketing tool for large law firms eager to create a buzz about their practice areas. Although the blogs vary in degree of interactivity, they're all geared toward getting out specific legal information -- and the firm name. Large-firm blogging's growing popularity represents an evolution in the use of the technology, which up until recently seemed to be mainly the domain of individual lawyers and small practices.’'
Read full text
Source: Law.Com's Daily Legal Newswire
30 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Posted by Wayne Schiess:
“Introduction: Legal writing in your continuing legal education.
I'll say it directly: include more legal-writing training in your continuing legal education. Never rest on a plateau of adequacy; always strive to improve. Now you might think it's awfully self-interested of me to recommend legal-writing courses; after all, I make money from teaching them. But all kidding aside, I know you'll never regret seeking to improve your writing.
For example, you keep up on the substantive law in your area of practice, right? Of course you do. It would be career-damaging if you didn't. So you should also keep up on topics in legal writing. Now you might ask, does anything in legal writing really change? You bet it does.
Here are three short examples of things that are changing in legal writing.
1. The accessibility of legal writing is changing.
More and more lawyers are starting to believe that legal documents need not be so different from other professional writing. More and more clients and government agencies are insisting that legal writing be understandable to nonlawyers. And fewer and fewer lawyers, clients, and judges are willing to accept gratuitous jargon, hyper-formality, and unnecessary density.
2. Legal-writing education is changing.
Law schools are teaching legal writing differently from the way they have taught it in the past. Schools are investing more money and teaching credits in legal-writing courses. Schools are hiring better teachers and paying them more. Those teachers are publishing scholarly articles about writing. And schools are offering more advanced writing courses.
These changes will affect many things:
1. recent graduates who will come to work for you should have better general writing skills (though their writing will probably never be as good as you think it should be, right?)
2. recent graduates should have better specialized writing skills in areas like persuasive writing and drafting (because of the advanced courses)
3. the scholarly output of legal-writing teachers is creating a large body of excellent training materials that all lawyers ought to use to improve their legal-writing skills.
On that note, there has been an explosion of books and articles about legal writing; there are so many I can't keep up with them all. But you now have a wide choice of excellent sources as you put more legal writing into your continuing legal education. [I'll be recommending some of the best books and articles on this website.]
3. Legal citation is changing.
Besides the Bluebook coming out with a new and different edition every four or five years, and besides the Internet changing the way many legal sources are cited, there is a new citation manual that competes with the Bluebook. It is called the ALWD Citation Manual, and it is gaining ground so quickly that it may achieve parity with the Bluebook soon.
These are broad changes in legal writing, but smaller changes occur all the time. Keep up with them; you'll be a better writer and a better lawyer if you do. [This website will help.] In fact, some have even suggested that legal writing (and legal research) should be required parts of every lawyer's continuing legal education, just as ethics is. After all, legal writing is the one skill that crosses your entire practice.
Wayne Schiess, Better Legal Writing: 15 Topics for Advanced Legal Writers 8-9 (Wm. S. Hein & Co. 2005).”
Source: Legalwriting.net, 28 September 2005
Genie Tyburski posts: “A report recently released by the Book Industry Study Group shows that the used book industry is alive, well and growing. "[U]sed book sales topped $2.2 billion in 2004, an 11 percent increase over 2003. Much of that growth can be credited to the Internet. While used sales at traditional stores rose a modest 4.6 percent, they jumped 33 percent online, to just over $600 million."
Where can you buy used books online? Some sources include:
Amazon zShops
eBay
Abebooks (Book sales aggregator. Amazon recently stopped listing used books available via Abebooks.)
BookFinder (Book search engine)
Alibris (Book sales aggregator)
RELATED: Buy Books Online
The Johns Hopkins News-Letter, 16 September 2005
('The most veteran Hopkins students will tell you to avoid buying full-priced books at all costs. With new advances in used schoolbook services online, the Internet offers cheap prices in the most efficient and convenient manner.')"
Source: TVC Alert, The Virtual Chase
30 September 2005
Copyright: 1999 - 2005 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
Subscribe
Bonnie Shucha posts: “I recently discovered a new note taking tool called EverNote and I just love it. I'm starting work on a book and needed a way to manage my notes. 3x5 index cards weren't going to cut it this time.
It needed it to be electronic, so I could just cut and paste when it comes time to write the book. But I didn't want to give up the feature of the old index cards where I could create discreet little notes and assign them categories. And being able to keyword search content would also be a big plus.
EverNote met all my needs and more. Plus it's free! Here's what it says on the Web site:
EverNote 1.0 is designed to give users a single place for all types of notes and information and to make them instantly accessible at anytime, in any place. EverNote makes it easy to store and quickly access typed and handwritten memos, webpage excerpts, emails, phone messages, addresses, passwords, brainstorms, sketches, documents and more.
You take notes on what appears to be an endless digital roll of paper, thereby keeping all your notes in one place. You can create plain text notes or hand (actually mouse) written notes/drawings. Plus, you can clip Web content (either the whole page or just a highlighted portion) and Evernote automatically inserts a link back to the original content. Or drag and drop other documents into EverNote thereby creating a link to the document on your computer.
Each note can be assigned multiple categories (of your choosing) which you can use to filter the notes. Keyword searching the full text of notes is also available. Additional features include encryption, printing & emailing notes, import/export, locking notes and more.
For users of pen-enabled devices, EverNote Plus is available for purchase. It includes Handwriting Recognition, Shape Correction, Advanced Note Recognition (ANR) and Ink-Note Search.
For more information, see the review of Evernote in SearchEngineWatch."
Source: Wisblawg, 29 September 2005
Posted by Tom Mighell: “Have you finally taken advantage of the open signup for Gmail? Well, what are you waiting for? And while you're doing that, check out GmailTips.com, which shows you how to supercharge your Gmail experience. It's currently up to 46 tips, and I'm sure more are on the way."
Source: Inter Alia, 29 September 2005
From the e-newsletter: “If you have a legal problem, how do you go about choosing the right lawyer? What should you look for in a legal fee agreement? Are there ways to get free or low-cost legal help? Get answers to these questions and much more in the ‘Guide to Hiring a Lawyer’ section of FindLaw for the Public's Law Library. Click on the link below to get started.”
http://public.findlaw.com/library/hiring-lawyer/index.html
Source: FindLaw’s PUBLIC ADVISOR
29 September 2005
Copyright © 2005 FindLaw, a Thomson Business
Subscribe
From the e-newsletter: "Note the edgy single-word name, the hip double capitalization, the three manageable syllables, the obvious pronunciation, the way it rolls off the tongue. It is everything law firm names historically have not been: innovative, savvy, bold. And short. Beginning Oct. 1, WilmerHale will become the so-called market name of Wilmer Cutler Pickering Hale and Dorr, the law firm formed by last year's merger of Hale and Dorr, one of Boston's most venerable firms, and Wilmer Cutler Pickering, a Washington firm of similar stature. The longer name will still appear in ads and correspondence, but WilmerHale will effectively become the firm's new name, used on signs, in e-mail, and by receptionists answering the phone."
Read full text
Source: FindLaw’s PRACTICE PAPER
28 September 2005
Copyright © 2005 FindLaw, a Thomson Business
Subscribe
In the news: “Remember the sound Charlie Brown and his fellow students heard when teachers were talking? "Wah, wah, wah." That may be funny for a cartoon, but if that's what jurors are hearing when expert witnesses are testifying, that's no laughing matter for litigators. Here are six helpful strategies to increase an expert's effectiveness in front of the jury, and to avoid the "wah, wah, wah" effect.”
Read full text
Source: Law.Com's Daily Legal Newswire
29 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Partick Lamb posts: “I’ve posted on this before, and I don’t think repeating myself is necessarily a good thing. But I was on a conference call yesterday, and I was reminded yet again why anyone who uses a speaker phone with a client is playing with fire. Fortunately, I was not on my speaker phone, but another outside lawyer was, and he was rambling, making it impossible for the General Counsel to make his point. When the lawyer stopped to take a breath, the GC said, “John (not his real name), do you mind if I say something?” John, still not catching on, said “sure go ahead.” Which elicited this withering comment: “As long as I’m paying for the call, don’t use your speaker phone again.” Point taken."
Source: In Search of Perfect Client Service, 28 September 2005
Jim posts: “Over 40 years ago, a Texas lawyer wrote a letter to his son about how to succeed as a lawyer. The advice is still inspirational today. I read it long ago, but Richardson, Texas attorney Mike Koenecke posted it to Solosez yesterday and I wanted to pass it along to those of you who may not have read it."
Source: Jim Calloway’s Law Practice Tips Blog, 28 September 2005
Kevin O'Keefe posts: “Rok Hrastnik, a contributing writer for WebProNews, writes RSS is an absolute must as a supplement to e-mail delivery of e-zines and e-mail newsletters.
The reason being that all of your RSS subscribers are guaranteed to get your content, not necessarily the case with email, and many subscribers already prefer to receive information via RSS instead of e-mail.
Law firms and other organizations kick out a ton of email newsletters and alerts. The innovative firms are using RSS to complement email newsletters. It's easy to do through a blog, whether a stand alone publication or as a way of alerting of new content in a newsletter or alert. Though I advise a stand alone blog for a number of reasons, most important of which is the viral marketing bounce, firms should at least be taking advantage of the RSS feature built into blog technology.”
Source: Real Lawyers Have Blogs, 28 September 2005
Posted by Carolyn Elefant: “At least one small firm lawyer isn't very impressed by the recent news [Reg. Req.] a that first year associate salaries at some firms will increase to $135,000. In a listserve post, attorney Robert Hughes noted that:
Let's see. $135,000 per year equals $2600 per week divided by about 90 hours per week equals $28.85 per hour. What a deal. I pay contract lawyers this much. I rate in the top 1% of law firms nationwide in my payrates. Hooray!
So if you've turned up your nose at small firm practice because you thought it couldn't match a large firm salary, you may want to think again. $135k a year is plenty of money (which you might really need if you have family or loans). But how long is that kind of pay worth it to you?”
Source: MyShingle, 28 September 2005
Evan Schaeffer posts: “Written by lawyers at McGlinchey Stafford, CAFA Law Blog promises "information, cases, and insights regarding the Class Action Fairness Act of 2005."
Already, it's a great resource. If the authors continue do their jobs right, it's where you'll see all the new CAFA cases first.”
Source: The Illinois Trial Practice Weblog, 28 September 2005
Sabrina posts: "From the WSJ free features today, Do-Not-Call Lists Under Fire reviews the regulatory vs. real world results of the federal Do-Not-Call Registry."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
28 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
On several occasions, here, here and here our blog has promoted “The Lawyer's Guide to Fact Finding on the Internet” by Carole Levitt and Mark Rosch.
FYI - On October 6 & 7, Ms. Levitt and Mark Rosch will be conducting "Cyber-Sleuth Strategies for Internet Legal Researchers" seminars in Cleveland and Akron in conjunction with the Cuyahoga County and Akron Bar Associations. More information on both seminars is available through their online calendar at http://netforlawyers.com/legal_seminars_oct_2005.htm
I’m sure the seminar would be worth your time.
Source: An e-mail from Carole Levitt, “In-Person Internet Research Seminar.” 27 September 2005.
In the news: “Petitioning attorneys, bloggers and other Court watchers benefited from a rare case of Supreme Court human error Tuesday, when the highly anticipated orders list -- cases granted review at the justices' private "long conference" Monday -- was inadvertently posted on the Court Web site hours earlier than the announced time. In an institution where traditions reign supreme, it was a notable deviation, and another reminder that the legendary "First Monday in October" isn't what it used to be.”
Read full text
Source: Law.Com's Daily Legal Newswire
28 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
David Swanner posts: “The Washington Post today has an article on how Federal Agencies' are Changing Rules to Quietly Enable Tort Reform:
"The Bush administration realizes it's impossible to get the broad-based tort reform the business community would love. There has been a conscious effort to take small steps," said Glenn G. Lammi, chief counsel of the Washington Legal Foundation , a pro-business public-interest group.
Let’s be clear about this. When they say ‘tort reform’, they mean take away the rights of injured individuals. What they are doing is saying that if a product meets the federal safety requirements, it will be by definition be considered safe. Hmmm… It seems like whether a product is safe or not, should determine whether it’s safe. One last quote from the end of the article:
He [Douglas A. Kysar , a law professor at Cornell University and a scholar with the Center for Progressive Reform] said preemption overlooks one benefit of tort law: "Tort law is not just about trying to change standards; it's to compensate people for their injuries," he said.
Exactly.”
Source: South Carolina Trial Law Blog, 27 September 2005
Genie Tyburski posts: “Mary Ellen Bates informs about a beta product from NetSnippets that stores, and facilitates sharing, your Web-based research. eSnips - currently free - lets you "upload up to one gigabyte" of content, and then share it with others.
'Since eSnips is just barely in beta, it is continuing to evolve. Right now, the toolbar only works with Internet Explorer, although a Firefox version is in the works. And while the wording of the email invitation to share a folder doesn't offer much flexibility now, eSnips plans on building in more options.'
SEE: eSnips”
Source: TVC Alert, The Virtual Chase
28 September 2005
Copyright: 1999 - 2005 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
Subscribe
Posted by Grant Griffiths: “I did, a little over a year ago. As I have said before, why did I wait so long? If you are considering switching or are in the middle of switching, take a look at the new book from O'Reilly.
Switching to the Mac: The Missing Manual, Tiger Edition
No matter what business you are in and especially if you have a home office, the Mac is the way to go. Before I switched, I would spend between $3000 to $4000 per year for tech support. I spend zero now. Before the switch, I was hammered at least twice with serious viruses. Since the switch, none.
Best of all, the Mac just works and works all the time. They are a work horse and I have not had any problems in the last year. NONE!!!!!! So my question to you, why have you not switched? Do it!!!! You won't regret it.”
Source: Home Office Lawyer, 27 September 2005
New: Official Travel Documents
Genie Tyburski posts: “VitalChek, a Choicepoint company that supplies birth certificates and other vital records, and Zierer Visa Service, a company that supplies passports and visas, announce the launch of a new Web site. Official Travel Documents "offers a secure, direct-to-government service that will provide travelers with passports, visas and birth certificates in as little as 24 hours after receipt of the documents from the traveler."
SEE: New Site Launches 'One Stop Shop' for Travel Documents
ChoicePoint press release, 27 September 2005”
Source: TVC Alert, The Virtual Chase
28 September 2005
Copyright: 1999 - 2005 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
Subscribe
Posted by Anthony Cerminaro: “’Your first and most important objective as an entrepreneur is to learn how to make a powerful and captivating first impression. This requires honing a business idea into a clear pitch that can be given in 30 seconds or less, which is not easy. In that brief amount of time, you need to communicate the value you bring to the table including: who you are, how your technology or business idea will solve a given problem, the market potential and your business idea will solve a given problem, the market potential and your plan to make it all happen. Whew!’
Check out this article from Techcomm Journal for a few points to consider when developing and delivering your pitch.”
Source: BizzBangBuzz, 26 September 2005
Robert posts: “Did you know that there is a federal government entity devoted to improving customer service by federal agencies? It is called USA Services, and its mission is to present U.S. citizens with a single point of reference for government, allowing them to receive accurate, timely and consistent answers and information.
Better yet, USA Services has proposed rules that would set government-wide standards for responding to citizens' e-mails. These rules would require that simple questions submitted by e-mail be answered within two business days at least 90 percent of the time. Questions that require research or approval or involve multiple agencies would be answered within five business days. For more complex questions, the sender would receive an e-mail within two business days providing an estimated response time.”
Source: Robert Ambrogi’s Lawsites, 27 September 2005
Genie Tyburski writes: “As new generations of lawyers, paralegals and librarians join the ranks in law firms, it stands to reason the collective technical savvy the group will continue to improve. At the same time, electronic sources of information grow in number and popularity. Professionals increasingly depend on electronic sources, making this the right time for considering some of the ethical issues that can arise when those with better-than-average technical capability turn regularly to computers for information.”
Source: TVC Alert, The Virtual Chase
27 September 2005
Copyright: 1999 - 2005 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
Subscribe
Patrick Lamb posts: “Brilliant post by Bruce MacEwen in his Adam Smith, Esq. blog (one of my must read blogs). Drawing on a story in Barron’s about the creation, rise and dominance of Lexus in the luxury car market, Bruce hypothesizes about a law firm following the same model:
The Lexus story is the story of an outsider challenging entrenched incumbents by providing something customers would respond to even though the incumbents thought it vaguely beneath them:
a reliable,
quality,
"perfect" customer experience
without exotic styling, over-the-top luxury touches (the new Rolls Royce has an umbrella holder built into each rear door; need I say more?), or blistering performance.
Now, imagine an AmLaw 50 firm deciding to emulate Lexus. The mantra switches from things like "best of breed," "biggest deals," and "your most arcane problems solved" to "quality," "reliability," and the "perfect" client experience. Not "the exotic, the ne[w] plus ultra, head-turning guaranteed," but "here for you, solid, always dependable."
Do you think clients would flock to this largely unoccupied positioning? Wouldn't it be fascinating to watch someone try?
I, for one, would love to. But unlike car owners who routinely turn over their vehicles every few years, inside counsel build relationships and many are loathe to experiment with new relationships, just as they are loathe to try alternative billing and other “cutting edge” changes in the relationships between clients and their law firms. I hope that resistance is lessening and I hope Bruce’s hypothesis turns out to be on the money.”
Source: In Search of Perfect Client Service, 26 September 2005
Larry Bodine posts: “As told by a lawyer, here is how to sell professional services in three paragraphs:
"The best salesman I have ever encountered is Barron Thomas, who sells real estate and airplanes in Los Angeles, Scottsdale, Ariz., and all over Texas. His basic ideas, which rank high in the firmament of good ideas, are generally two: bond with your buyer, and listen to your buyer.
"In other words, align your interests with those of the buyer. Don't try to shove something down his throat. Don't try to hoodwink him. Just listen to what he needs and wants, see if you have the good or service he needs and wants and then arrange to make it easy to buy. Make sure that the buyer is a real buyer with a real need, a real timetable to buy and the real means to buy. Then satisfy that need.
It is also important to be a friend to your buyer. In fact, I observe that almost all success in life comes down to being a friend to someone: a friend to the voter, a friend to the judge, a friend to your spouse, a friend to the client, a friend to your parents. As Miller said so aptly, you have to not just be liked, but "well liked."
--- from the Sunday, September 25, 2005 New York Times, [Free Reg. Req.] "How to Sell a Mustang (or Anything Else)," Business Section, page 4, by Ben Stein, a lawyer, writer, actor and economist.”
Source: Larry Bodine’s Professional Marketing Blog, 25 September 2005
From Sabrina and LLRX.com:
· “Identity Theft: Outline of Federal Statutes and Bibliography of Select Resources, Sara R. Paul's comprehensive guide encompasses key resources, including: statutes, treatises, free and fee based journals and newsletters, websites, blogs and RSS feeds, selected news articles, and white papers.
· Free and Fee Based Appellate Court Briefs Online, Michael Whiteman's annotated bibliography is a thorough compilation comprising government, commercial and advocacy group websites, inclusive of the scope of respective coverage for the briefs."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
26 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
Posted by Carolyn Elefant: “This article, Allee Offers Business Experience, Acumen, Mary Beth Smetzer, reports on a Fairbanks, AK solo Rita Allee who's running for City Council and touting her skills as a solo as the characteristics that qualify her for office. Says Allee:
"I feel practically my whole life's experience, education, business experience and background in Fairbanks makes me real suited to serve in this capacity," Allee said. "I think I can be a help and have considerable business acumen having run my own business since 1978 with tight budget constraints. You have to say 'no' more than you can say 'yes,' regrettably when it comes to financial issues."
Business experience and the ability to operate within a budget may seem common place to most of us solos, but they're rare qualities in government. Maybe more solos should run for office!"
Source: MyShingle, 23 September 2005
In the news: “In a trend that's picking up steam, corporate counsel are increasingly requiring outside litigation firms to submit detailed budgets from the outset of a case. Corporations like getting the budgets partly because they can also be benchmarks for larger evaluation of law firms, says one consultant. In addition, the budgets enable companies to see how well their own attorneys are controlling costs. For their part, litigation partners note the difficulty -- and tension -- potentially caused by the demand.”
Read full text
Source: Law.Com's Daily Legal Newswire
27 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Sabrina posts: “From the Washington Times, Law firms send case work overseas to boost efficiency
· and from June 7, 2004: Are Law Firms Ready to Embrace Offshore Outsourcing?"
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
26 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
Posted by Tom Mighell: “Many states offer their own online Amber Alert services, including an RSS feed to keep track of the latest developments. Now, Project Safekids offers a page with RSS feeds for both Amber Alerts and Sex Offender Information. (Thanks to Steve Rubel for the pointer)”
Source: Inter Alia, 27 September 2005
Edison Ellenberger posts: “The featured question in the Sept. 2005 Sidebar: Good Counsel for New Litigators (from the ABA Section of Litigation) concerns when to stop researching. The questioner, "Chasing Too Many Rabbits," states that cases keep turning up that lead to other cases, and there is no way to tell "when enough is enough."
Sidebar states that the researcher should know where the research fits within the big picture. For example, one should clearly understand the case, the question at hand, and the time allotted to spend on the problem. The answer notes that secondary sources or a broad computer search may not locate a sufficient amount of case law; reading cited precedent in early cases is important. Sidebar concludes that younger lawyers are better off erring on the side of too much research, though that will become less of a problem with greater experience.
Discovering Winning Research Skills (2004-05) has a section on concluding research (p.188-89; p.203-04 of the PDF). It suggests three rules to consider:
· The Loop Rule: When you see the same information (cases, statutes, regulations, etc.) over and over again, you are probably done.
· The Diminishing Returns Rule: When you are investing more time in research than you are getting in return, you should stop. The ability to gauge this develops with time and experience.
· The Zen Rule: When you have developed experience and expertise in an area of law, you will know when you are finished with a research project.
Some other relevant articles/guides:
· "Terminating Research", by Christina L. Kunz, 2 Perspectives: Teaching Legal Research and Writing 2 (Fall 1993)
· "Bringing Research to a Close," by Lee Ryan, Dorraine Zief Law Library
· "Research Methodology," Harvard Law School Library Research Guide
· "Thinking about Legal Research Problems," by Paul D. Callister
· "Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process," by Marsha L. Baum, 10 Perspectives: Teaching Legal Research and Writing 20 (Fall 2001)
· "How Many Cases Do I Need?" by Mary Dunnewold, 10 Perspectives: Teaching Legal Research and Writing 10 (Fall 2001)”
September 25, 2005 in Legal Research
Source: The E-LawLibrary Weblog, 25 September 2005
From Tom Mighell: “Jeremy Zawodny over at Yahoo has a thought-provoking post called How did you learn to search? (http://jeremy.zawodny.com/blog/archives/005283.html) In it he states, correctly, that most people have never been taught to search the Internet effectively. He also states, as I have been stating for years, that education and training are the missing link. His post and many of the comments that follow speak mostly in terms of teaching computer users how to form correct queries using Boolean terminology.
There's no question that training on formulating the right query is important, but it's only a small part of educating and training a person to search. Equally important is learning to develop an appropriate strategy before beginning your search. Knowing the right resource to use is a critical first step. I always tell my classes "to be a good searcher, you should know where to go before you need to go there" -- it's a little counter-intuitive, but it's true. The more awareness you have of the resources available on the Internet, the faster you'll get to them. Ask me to speak to your group and I'll show you how.
You also need to be aware of the different types of search tools available -- a meta-search tool, specialty search engine, or specialized database will almost always narrow your search in ways the major search engines cannot.
One comment in Jeremy's post made me smile:
"We search engines try to make the world look all simple, uniform, and tidy." The thing is, search engines indexes are so huge these days, and in general our search queries are so poor, that the results we get are anything but simple, uniform and tidy. It's overwhelming to start slogging your way through "Results 1-10 of
1,793,000 results."
Will people be interested in "learning" how to search? I doubt it – most folks are satisfied with their searching
(http://www.inter-alia.net/comments.php?id=2442_0_1_0_C). As Jeremy says, we should definitely be starting in the schools.”
Source: Internet Legal Research Weekly by Tom Mighell
Volume 6, Issue 32
25 September 2005
Subscribe
From the e-newsletter: "Rutgers law professor Sherry Colb discusses the subject of "propensity" evidence in criminal cases. She addresses the topic generally, and also, in particular, in the context of a new Michigan bill that, if it becomes law, will allow evidence of prior similar crimes to be admitted in court in child sex abuse cases, even if the defendant does not take the stand. Traditionally, evidence rules have refused to allow the admission of such evidence -- except if the defendant does take the stand, whereupon the evidence can be used as fodder for cross-examination. Colb examines whether the justification for the rule stands up to close examination."
http://writ.news.findlaw.com/colb/20050921.html
Source: FindLaw’s Writ
23 September 2005
Copyright © 2005 FindLaw, a Thomson Business
Subscribe
Evan Schaeffer posts: “The following web resources feature free electronic-discovery forms:
KrollOnTrack has a number of forms, including sample preservation letters, a request for production, interrogatories, and a 30(b)(6) deposition notice;
Computer Forensics has interrogatories, requests for production, and a 30(b)(6) deposition outline;
LexisNexis Applied Discovery has some model orders concerning electronic discovery issues; and
Discovery Resources has interrogatories and requests for production.
Finally, there is a great guide to web-based electronic-discovery resources by Peg Duncan available from LawPro Magazine.
Source: The Illinois Trial Practice Weblog, 26 September 2005
Posted by Grant Griffiths: “Have a home office? THIS maybe a great idea. I am going to do this myself in the next month. Check it out.”
Source: Home Office Lawyer, 26 September 2005
In the news” “If you've enjoyed the freedom of Wi-Fi, surfing at broadband speeds without the "leash" of a network cable, you have an inkling of how Brett Burney feels about his new 3G cellular network service from Verizon -- whether he's using his phone or his laptop. The long-awaited third-generation services are here, with Verizon currently dominating Cingular and Sprint in the market. Burney says 3G is living up to its promises.”
Read full text
Source: Law.Com's Daily Legal Newswire
26 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Genie Tyburski posts: “The U.S. General Services Administration announced a relationship with Vivisimo and Microsoft that will improve the search functionality of its portal, FirstGov. "FirstGov will leverage Vivisimo's Clusty.com search service, incorporating results and features from Microsoft's MSN Search."
In addition to improving the search feature, FirstGov "will launch government-wide News and Image search services so citizens will not have to go to individual agencies to find these resources."
SEE: FirstGov
Source: TVC Alert, The Virtual Chase
26 September 2005
Copyright: 1999 - 2005 Ballard Spahr Andrews & Ingersoll, LLP. All rights reserved.
Subscribe
Sabrina blogs:
· “From AP: European Union Head Office Insists It Has No Plans to Regulate the Internet
· Political blogs fight FEC [Free reg. req.]
· Additional links on FEC and regulation”
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
23 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
From Sabrina Pacifici and LLRX:
From 0 to 360 in Seconds – How to Get Up to Speed with Thomson's Firm360
Donna Cavallini reviews Firm360, a new generation business intelligence product from Thomson.
CongressLine:The American Town Meeting
Paul Jenks comments on the increased online availability of primary sources for legislative documents, and the resulting impact on public discourse and democracy itself.
The Government Domain: RSS and Uncle Sam
Peggy Garvin examines the cautious nature with which the federal government is embracing RSS feeds. She highlights RSS feeds currently available from a range of agencies, and also suggests useful tools and sources to locate feeds as they become available.
FOIA Facts: The Importance of FOIA, Part 2
Scott A. Hodes highlights the integral role that FOIA will play in evaluating FEMA's response to the Katrina disaster.
Burney's Gadgets for Legal Pros: HP Compaq nc4200 Laptop; Canary Wireless Digital Hotspotter
Brett Burney extols the virtues of an ultraportable laptop, as well as recommending what he believes is the perfect all-around Wi-Fi detector.
After Hours: Encounters With Magical Beings
Kathy Biehl shares information on the nationwide network of food banks which perform such a critical role in times of disaster. On a lighter note, she also dwells on extremely exotic fruits and a road trip in search of barbecue in the wilds of upstate New York.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
2 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
and LLRX.com
Edison Ellenberger posts: “Jim Regnier, a former justice on the Montana Supreme Court, is the author of "Appellate Briefing: A Judicial Perspective" (Perspectives: Teaching Legal Research and Writing, Winter 2003). Mr. Regnier points out that the effective brief writer must know the audience, develop a strategy on appeal, and know the rules of the court. He adds a list of general comments on persuasive writing and discusses the appellant, respondent, and reply briefs.”
Source: The E-LawLibrary Weblog, 22 September 2005
Robert posts: “This week's Coast to Coast podcast looks at the issue Bloggers as Journalists: Making New Rules. My cohost J. Craig Williams and I discuss this with four guests:
Bill Felling, long-time broadcast journalist and CBS News national editor.
Wendy Seltzer, visiting assistant professor of law at Brooklyn Law School and founder of Chilling Effects Clearinghouse.
Jeff Lewis, partner at Enterprise Counsel Group in Irvine, Calif., who also writes the SoCalLawBlog.
Kurt Opsahl, staff attorney with the Electronic Frontier Foundation focusing on civil liberties, free speech and privacy law.
It is a vibrant discussion about bloggers and journalists and free speech. The podcast is available in streaming Windows Media format or as an MP3 download. Listen to it here or go here for the full library of previous Coast to Coast programs."
Source: Robert Ambrogi’s Lawsites, 20 September 2005
Karen Schneider writes: “This handbook provides practical advice for bloggers worldwide. Topics include how to set up a blog, marketing a blog, maintaining credibility, and how to blog in countries with limited free speech without getting in trouble with the authorities. From Reporters Without Borders, an organization that "defends journalists and other media contributors and professionals who have been imprisoned or persecuted for doing their work."
http://www.rsf.org/article.php3?id_article=15083
Source: LII Librarians' Index to the Internet
NEW THIS WEEK for 22 September 2005
Copyright 2005 by Librarians' Index to the Internet, LII.
Subscribe
Posted by Suzanne Rose: “We've talked about the importance of selecting good cases/matters both for improved profitability and for risk management. The next step in determining why a firm is not as profitable as it could be is to look at matter management; and, specifically, matter staffing.
Take a minute and think about 1) whether work is delegated in your practice and 2) on what basis. I have never worked with a firm that delegated work too much. I have never worked with a firm where the associates were fully employed and the partners were working on more sophisticated work, developing a higher-end practice or actually proactively managing their firm. Why? Because if the firm is doing these things, it most likely won't need much of my services or any other consultant's services. The firm is doing it right. Firms that are not doing it right are most likely having a difficult time improving or maintaining their profitability. So, if your profitability is flat or declining, look at how you are staffing your matters. Here's some research for you to do. Find out the following:
· Are your timekeepers' billed fees less than 95% of the standard $$ value of their hours billed for the past 12 months? What about of standard $$ value of hours worked? If yes to either, find out why.
· Are your partners' average hours billed significantly greater than the average hours billed by your associates? In other words, are some of your associates under-employed while some partners are over-burdened with work; specifically with non-paying or low rate work? If so, in which practice areas is this occurring or on what client work is it occurring?
· Does any particular timekeeper or practice group have a large number/amount of pre-billing fee adjustments? If so, why?
· Compare timekeeper standard billing rates to timekeeper effective billing and collection rates. Are they 95% or greater than standard rates? If not, why?
If you are not monitoring these types of performance benchmarks, it is important that you begin to do so. Why? So that you can make the most effective adjustments to your practice to improve your profitability.
A second point is that by effectively delegating work to the most appropriate level, the firm will have a better opportunity to improve the caliber of its practice through the development of higer-end work; which, in turn, will continue to yield dividends in the long term.”
Source: Riskybiz, 19 September 2005
In the news: “Sports-injury litigation took on a new dimension in New Jersey last week as the state Supreme Court ruled that a ballpark patron hit by a foul ball while buying a beer can sue the park owner for negligence. The ruling alters the long-standing "baseball rule" -- a limited-duty-of-care doctrine that for more than a century has shielded stadium owners from litigation.”
Read full text
Source: Law.Com's Daily Legal Newswire
23 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Sabrina posts: "From WSJ free contents, Walt Mossberg's September 21 column reviews several communications tools that consumers may want to consider purchasing to facilitate uninterrupted communications during emergencies."
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
20 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
Posted by Anthony Cerminaro: “From this post from The Entrepreneurial Mind reporting on the perspective given to business failure by a bankruptcy attorney, comes this top ten list:
"10. Over-expansion. The need to get there first or to demonstrate revenue growth to anxious investors leads businesses to grow too fast.
9. Poor Capital Structure. Companies take on too much debt....Enough said!
8. Failure to Control the Controllable Costs. Businesses spend down the initial cash before it is flowing in at a positive rate.
7. Failure to Prepare for Volatility of Uncontrollable Costs. For example, energy, materials, labor, or insurance.
6. Add New Products or Divisions that Drag Down the Profitable Ones
5. Poor Internal Controls and Execution -- customer service, accounting controls, theft, fraud
4. Poorly Designed Business Model
3. Reliance on Critical Financing that Dries Up
2. Failure to Adapt to a Changing Market
AND THE #1 REASON?
Management in Complete Denial......
Source: BizzBandBuzz, 22 September 2005
Posted by Chuck Kallendorf: “The Sept. 13th. issue of BNA’s U.S. Law Week, has an article relating that “Ohio disciplinary rule against claiming special competence or experience makes it improper for lawyers to participate in a television station’s ‘Ask the Expert’ program,” citing the Supreme Court’s ethics board in an Aug. 8th. opinion.
The problem was with the program’s inclusion of the term “expert” in its title. The ethics board advised that that poses the possibility of problems under DR 2-105(A)(6) of the Code of Professional Responsibility, which, with some exception, prohibits attorneys to claim or imply special competence or experience. Gov.Bar R. XIV, on “attorney specializations,” is one of those exceptions. Lawyers can conduct seminars and participate in radio talk shows, but the board cautioned about things like answering anonymous e-mail requests with generalized responses as they would be otherwise unable to rule out possibilities such as creating conflicts of interest with current or former clients.
The article, in referencing the Aug 8th. ethics opinion, noted that Op.94-13 and Op.99-9 could be referred to as “guidelines for attorneys who answer questions from the public on the radio and by e-mail.”
The Supreme Court on its website provides a wealth of related information including a link to “attorney specialization” and a “nutshell” overview."
Source: Cincinnati Law Library Blog, 20 September
From Kevin O’Keefe: “Alex Barnett reports USB for your car is coming.
Volkswagen, Europe's biggest automaker, is thus making the USB connection an option on its Golf, Golf Plus and Touran models in December and on remaining models next year.
Just plug your device into a built-in console in the center armrest. The option comes in two varieties, one for the iPod, another for other USB-based players. Up to six of the player's folders will be displayed on the car stereo system, and the radio buttons can be used to scan, search or shuffle your mix.
The setup will cost $240.
Just think, prospective clients playing your law podcasts with your name and title of podcast appearing in the digital display on their radio display. And I can remember getting fm stations in cars being a big deal.”
Source: Real Lawyers Have Blogs, 21 September 2005
Jim posts: “The September issue of Law Practice Today has hit the Web.
The September issue of Law Practice, the magazine, is also online. (For those who read this months from now, both links go to the current issue.)
It's really sort of amazing that the ABA Law Practice Management Section gives away so much content to non-members online. If you are an ABA member, you should join the section just as a thank you gesture. Plus you will receive even more benefits.
LPT features this month include a feature by Susan Raridon Lambreth on avoiding the pitfalls of implementing practice management software and an article by Tom Mighell and Dennis Kennedy on Instant Messaging resources. There are more links to useful information on this topic than you might suspect. Don't skip this because you've never used IMs, especially if you have management responsibilities in your firm. Some of your employees are, no doubt, using IMs at work. While I would hate to see you ban any technology, including IMs, a cautionary memo might be in order about the fact that IMs can sometimes be accessed later, just like deleted e-mails. I don't think most IM users understand this.
Law Practice Magazine has many great features as well, including one by Merrilyn Astin Tarlton on 21 Ways Lawyers Can Give Back- Every Day. (Note: this link will die when the magazine is archived and made available to section members only.)”
Source: Jim Calloway’s Law Practice Tips Blog, 21 September 2005
In the news: “Though Supreme Court vacancies and confirmation hearings are garnering the most attention these days, the Court's new term will make dramatic headlines of its own, with issues such as abortion for minors, religion, assisted suicide and the death penalty crowding the docket. The 2005-2006 high court term is ‘likely to be more historic, more monumental, than the last one,’ says law professor Michael Gerhardt. ‘It's also one in which the new justices will make a critical difference.’"
Read full text
Source: Law.Com's Daily Legal Newswire
22 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Wayne Schiess posts: "[A]ttorneys need to consult the same dictionaries and stylebooks that other professional writers and editors use." Ronald L. Goldfarb & James C. Raymond, Clear Understandings: A Guide to Legal Writing 55–56 (West 1982).
For most lawyers, law-school legal-writing training was just adequate. For better legal writing, you’ll have to train yourself throughout your career. You can do that by--
· including legal writing as a regular part of your continuing legal education,
· reading and consulting the best sources on legal writing, and
· promoting better legal writing at your law office and in your practice.
This website will help.”
Source: Legalwriting.com, 20 September 2005
Posted by Jim Milles: “Over at Legal Affairs Debate Club. Laura Appleman and Dan Solove are debating the ever-popular question: do we need a third year of law school? Earlier postings on this topic may be found here, here, and here.”
Source: Out of the Jungle, 21 September 2005
From the e-newsletter: “A new book by University of Wisconsin-Madison Law School emeritus professor Marc Galanter explains why people find lawyer jokes so funny. "Lowering the Bar: Lawyer Jokes and Legal Culture" explores the tensions between Americans' respect for law and disdain for attorneys (and includes a lot of funny lawyer jokes). Galanter says lawyer jokes seem to be oddly American, and his book traces legal history trends back to the 1950s.”
Read full text
Source: FindLaw’s PRACTICE PAPER
21 September 2005
Copyright © 2005 FindLaw, a Thomson Business
Subscribe
Jeff posts: “The Opera 8.5 web browser just became free, offered without the ads. As Opera's site is fairly scarce on details, BetaNews and CNet provide a few more tidbits as to why Opera is now offered without ads, licensing fees, or registration. (Premium support is still available at $29 per year.)
Interestingly, the timing could be fortuitous, given this CNet article published two days ago: "Symantec: Mozilla browsers more vulnerable than IE". (Yes, that's not a misprint.)
According to CNet's summary of Symantec's Internet Security Threat Report, "25 vendor-confirmed vulnerabilities were disclosed for the Mozilla browsers during the first half of 2005, 'the most of any browser studied,' the report's authors stated. Eighteen of these flaws were classified as high severity. 'During the same period, 13 vendor-confirmed vulnerabilities were disclosed for IE, eight of which were high severity,' the report noted." [...] "There is one caveat: Symantec counts only those security flaws that have been confirmed by the vendor."
With this said, Symantec adds that only IE has experienced "widespread exploitation" so far, but "expects this to change as alternative browsers become increasingly widely deployed." In other words, IE is just more squarely within hackers' sights -- at the moment.
The article goes on to cover the Secunia statistics for the browsers. Secunia is a well-known security monitoring company that tracks security issues of various applications. Just to provide a more apples-to-apples comparison between IE, Mozilla, and Opera, I looked up the latest version of each browser to see how many Secunia "advisories" (i.e., security risks, exploits, etc.) were reported for each. As of today, Opera indeed appears to fare the best among the three, and Mozilla doesn't look so bad with just a few outstanding issues (although "none" would be better):
Total Secunia Advisories (I believe these are cumulative):
IE 6.x: 85
Mozilla Firefox 1.x: 23
Opera 8.x: 8
Total Unpatched Secunia Advisories (these are the ones to worry about):
IE 6.x: 19
Mozilla Firefox 1.x: 4
Opera 8.x: 0
Over the past several years, I haven't been a big fan nor user of Opera, namely for these reasons: I don't like ads or anything remotely related to adware, nor did I want to pay for a web browser when good free alternatives existed. Also, some web sites didn't display properly in Opera (although the same could easily be said for Mozilla-based browsers as well).
However, given that Opera is on version 8.5 and was more commercially developed compared to Mozilla's open source efforts, one could make a very good argument that it's more mature and has more built-in features. Mozilla requires many third-party plug-ins to achieve its functionality. One area I've always thought Opera was a leader was its mouse gestures for quick navigation -- a great feature that once you master, you don't want to use a browser without. And, as a market trailer, it's far less likely that hackers would find any meaningful return in their efforts to exploit it. That could change now that it's free, as there's a lot to like.
Is it too late for Opera to compete in the browser wars? Hard to say. Fairly recent surveys show people are much more aware of security issues relating to Internet use (adware, spyware, browsers, spam, phishing, etc.). People like choices. People like free choices even more, especially if it's a good product and the pain to change over from a competitor is fairly low. I do think that by now, most people have "settled in" with their browser of choice, and don't want to migrate their bookmarks/favorites yet again. However, there are many who always want to try the latest and greatest, and I have no doubt they are already downloading Opera, willing to give it a whirl.
After Microsoft has dominated the browser scene for so long (amazing considering its lack of releases to keep pace), it's nice to see the pendulum swinging back the other way."
Source: LawTech Guru by Jeff Beard, 21 September 2005
Sue Altmeyer posts: “The Ohio Supreme Court now has a searchable electronic docket available on its webpage. The docket includes cases filed in the Supreme Court of Ohio on or after January 1, 1985, and attorney discipline cases filed in the Supreme Court of Ohio on or after January 1, 1989. Currently, full text images of documents filed in the court are not available. Source: Ohio Law Blog.”
Source: Cleveland Law Library Weblog, 20 September 2005
Posted by Evan Schaeffer: “From the Legal Talk Network: Conversations with F. Lee Bailey. A preview:
Hear what F. Lee Bailey has to say about trial attorneys and the legal profession today. Who influenced F. Lee Bailey most personally and professionally? And don't miss the compelling personal anecdotes we're fortunate to have the legendary Bailey share with us and his advice to young lawyers in this segment.”
Source: Blawgcast.com, 19 September 2005
Dennis writes: “Tom, Mighell, Evan Schaefffer and I write the "Thinking E-Discovery" column on the DiscoveryResources.org site.
Our latest column, called "Rethinking Electronic Discovery and Paper Discovery in the Post-Katrina Era" has just been published.
This column finds us in a contemplative mood as we consider the ramifications of Hurricane Katrina. We consider the differences between paper and digital in a time of disaster and speculate whether events like Katrina will change thinking about electronic discovery and electronic filing.
The money quote (from Tom Mighell):
"As far as the courts are concerned, disasters like this underscore the inevitable move to electronic filing of case documents."
We really enjoy writing this column and hope that many of you will find the columns useful and helpful.
Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)
This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department."
Source: Dennis Kennedy.com, 19 September 2005
In Ohio - read TORNADO!
Ernie posts: “N.Y. Times [Reg. Req.]: 'Health and Human Services Secretary Mike Leavitt said the chaos wreaked by Katrina 'powerfully demonstrated the need for electronic health records.'" It shouldn't take a disaster for people to realize that the cost of dealing with paper is too high; making key information digital should be a priority of most businesses. Sadly, most will wait for a disaster to prioritize.”
Source: Ernie the Attorney, 19 September 2005
Posted by Grant Griffiths: “Lifehacker provided this great post today on strengthen your home wireless network signal. Here are some of the tips provided:
*Place the base station centrally on an upper floor, or atop furniture, because radio waves spread best laterally and down
*Reception will be better if the signal does not have to travel at steep angles and if it doesn’t have to go through thick walls, mirrors, fish tanks or anything metal
*Use access points as boosters throughout the house to rebroadcast your wifi signal around problem areas
*Place wireless network components far from other devices in the house that can cause interference, like cordless phones, microwave ovens, baby monitors or halogen lamps
*Change the default signal channnel (usually set to 6) to avoid interference with neighbors’ network devices”
Source: Home Office Lawyer, 19 September 2005
Posted by Anthony Cerminaro: “Regarding the reported trend toward the demise of casual days and casual office attire:
"I would like to welcome you to my webpage on how to tie a tie!
You know, I created this site for people just like you:
-the working professional who switched jobs recently and needs to wear a tie now but doesn't know how to tie it,
-the college graduate figuring how to tie a tie before that first job interview,
-the high school senior needing immediate advice on tying ties before leaving for the prom,
-and, basically, anyone else who's interested in learning how to tie a tie simply for the fun of it. Yes, for the fun of it!"
Source: BizzBangBuzz, 20 September 2005
In the news: “When John Roberts Jr. is described as the nominee to be the 17th chief justice of the United States, professor Ross Davies just chuckles. That isn't a comment on Roberts or his qualifications. What amuses Davies is that he is quite sure that Roberts, if confirmed, will be the 18th chief justice, not the 17th. In a law review article, Davies makes a forceful argument that William Cushing, an associate justice appointed by President George Washington, served as chief justice for two days in February 1796.”
Red full text
Source: Law.Com's Daily Legal Newswire
21 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
David Swanner posts: “What do you need to have a smooth running law office? Other than just working, working, working. How do you become more profitable without working yourself to death? How do you minimize the stress in your life? The answer is planning. Ah… but planning about what? Here’s what I see are the keys to having a smoothly run office:
Case Plan – How do you handle cases from start to finish? Does everyone in your firm know exactly what to do and how to do it on your cases? Most of the raves that I’ve heard about Needles and TrialWorks are not for their technical abilities as case management programs, but that they force the firm to define and use a case plan for every case. And you know what? Both the lawyers and paralegals love it.
Financial Plan – How much do you understand your finance? If you’re like most lawyers, the answer is not much. Do you know when your cash comes in and plan accordingly? Our business is pretty cyclical from the tourist trade. Do you have a ‘big case’ budget and know how much you can afford to spend on your cases? What big purchases are you going to make and when is the best time to make them? Is there going to be any disruptions in your cash flow?
Marketing Plan – Lawyers often confuse advertising and marketing. What are you doing to let people know you are a good lawyer and out there doing good work? Giving presentations? Participating on listservs? Writing books? Going to conferences? Spending time with other lawyers? I have seen on more than one occasion, an attorney who was one of the top attorneys in his field, who had written several books on a legal subject, had done research and had a Master’s thesis in the subject and had contributed several chapters to other’s books state that he didn’t market. Yes, he does. Being the leading expert in his field and writing books is marketing. Having a plan in place helps.
Business Plan – What kind of practice do you want to have? If you could design your perfect practice, what kind of cases would you handle? What kind of clients would you have? How many staff members would you have? And how do these goals match what you’re doing today? How do these goals integrate with your case plan, financial plan and marketing plan?
Life Plan – What kind of life do you want to have? At the end of your days and you look back on your life, what will make you the proudest? What do you want to have accomplished? What role do you want your work to take in your life? What role do you want family, and friends to take? What hobbies do you have? What do you want your legacy to be? What drives you?
Do, I have a written plan for all of these? No. But, I’m working on it. I have two coaches that are assisting me, keeping me on track towards where I want to go and helping me move toward my goals instead of just going forward a day at a time. The hardest part is clearly defining your goals.”
Source: South Carolina Trial Law Blog, 19 September 2005
Evan Schaeffer posts: "Although there is no federal rule expressly allowing motions to reconsider, parties file them anyway. Some evidence is that the PACER electronic filing system allows you to categorize a motion as one "for reconsideration."
A body of case law describes when motions to reconsider are appropriate. Following is a section from a brief (not mine) that quotes from a number of Illinois cases on the issue:
A motion to reconsider is available to correct manifest errors of law and fact, or to present newly discovered evidence. Wolves v. National Railroad Passenger Corp., 1990 WL 84519, at *1 (N.D. Ill. 1990) (not reported in F. Supp.) (citing Publisher's Resource Inc. v. Walker-David Publications, Inc., 726 F.2d 557, 561 (7th Cir. 1985)). A motion to reconsider should be used neither to introduce new evidence that was available during original consideration, nor to introduce new legal theories. Calderon v. Reno, 56 F.Supp.2d 997, 998 (N.D. Ill. 1999) (citing Publisher's Resource, 762 F.2d at 561)).
A motion to reconsider a remand order is proper "where the court has patently misunderstood a party, or has made a decision outside the adversarial issues presented to the Court by the parties, which made an error not of reasoning but of apprehension." Calderon, 56 F.Supp. 2d at 999 (citing Bank of Waunake v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990)). "A further basis for a motion to reconsider would be a controlling or significant change in the law or facts since the submission of the issue to the Court." State Bank of India v. Commercial Steel Corp., 2001 WL 423001, at *2 (N.D.Ill. 2001) (not reported in F.Supp.2d). "Such problems rarely arise and the motion to reconsider should be equally rare." State Bank of India v. Commercial Steel Corp., 2001 WL 423001, at *2 (N.D.Ill. 2001) (not reported in F.Supp.2d) (citing Rounds v. City of Chicago, No. 94 C. 1708, 1996 WL 99408, at *1 (N.D. Ill. March 5, 1996) (citations omitted), aff'd, 95 F.3d 1154 (7th Cir. 1996)).
That's a pretty good description of the circumstances under which a motion to reconsider might be appropriate, and I wanted to bookmark it here for future use."
Source: The Illinois Trial Practice Weblog, 19 September 2005
PACER Accounts Top 500,000
Gary Price posts: "Public Access to Court Electronic Records (PACER), the service that allows users to obtain case information online from federal courts, now has over 500,000."
Source: The ResourceShelf, 19 September 2005
Patrick Lamb posts: “Monday night football. Nike commercial. An old coach tells a young player: ‘A man things he can. Another man thinks he can’t. Both are right. Which one are you?’ Personal expectations. Passion for success. An insane zeal for excellence. Harry Beckwith, author of the book “What Clients Love,” writes in his July newsletter that:
It started on a visit to Microsoft. I entered Building 26 of what were then 28 on the seemingly endless Redmond campus, and felt something. I realized I had felt that before.
It had come on a visit to Nike, years before, on my first of many visits to pick up some prototype shoes which they had me test in the early 80s. Nike employees were passionate. That feeling was so intense, in fact, that when their director of marketing Rob Strasser left Nike to assume the same role at rival Adidas, most Nike employees, when they would see Rob approaching on a Portland sidewalk, would cross to the other side to avoid him.
I felt that fire in Milwaukee, too, when I entered the headquarters of Harley-Davidson.
These companies share a palpable trait: passion.
Beckwith goes on to note how Jim Collins and others have focused on the same trait:
Jim Collins has seen it, too. In Good to Great, he concluded from his diligent research that great companies focus on whatever they can do better than anyone else, on that which drives them economically -- and about which they feel truly passionate.
Two other professors -- a group more inclined to focus on process than feelings -- noticed it, too. In their influential 1994 book Competing for the Future, Gary Hamel and C.K. Prahalad observed that every successful company must articulate a statement of strategic intent that "contains pathos and passion."
So these really smart guys all believe that passion is critical. Who am I to argue?
The challenge, it seems to me, is identifying what it is that each person is passionate about and melding the items of passion into something of value to clients.
Do clients, in turn, look for passion?”
Source: In Search of Perfect Client Service, 19 September 2005
Posted by Tom Mighell: “Dennis Kennedy and I had a great time writing our latest issue of the "Strongest Links" on Instant Messaging Resources. We actually wrote the article during an instant messaging session on Skype, as we surfed the Internet looking for great sites on the subject. It was a rare chance to show that lawyers can have fun on the Internet too, IYKWIM.
While you're reading that, check out the rest of the articles at Law Practice Today -- as usual, you'll find a great collection of articles that will help you on the business side of your practice."
Source: Inter Alia, 20 September 2005
Robert posts: “In Who Makes How Much - New York's Salary Guide 2005, New York magazine offers a look at the salaries of hundreds of New Yorkers -- and lawyers aren't left out. We learn that Manhattan DA Robert Morgenthau earns $150,000, while a first-year Manhattan DA brings home just a third of that and a public defender even less. The chairman of Sullivan & Cromwell, H. Rodgin Cohen, gets $4 million, but that is mere pocket change for TV judge Judy Sheindlin, whose paycheck numbers a cool $30 million. Money is hardly the measure of a career, but it makes for rich reading.”
Source: Robert Ambrogi’s Lawsites, 19 September 2005
Sabrina posts: "’The Australasian Legal Information Institute (AustLII)...announce[s] the launch of the Commonwealth Legal Information Institute (CommonLII). Like other LIIs, CommonLII is a free access and non-profit facility. CommonLII already allows browsing and searching of 464 databases from 50 Commonwealth and common law countries and territories. Most of these databases are located on existing LIIs in Commonwealth countries but CommonLII contains 44 databases from 28 additional countries. More databases are under development. There is a Catalog of law websites for all Commonwealth countries...It is also possible to search Commonwealth-wide for legislation (from 30 countries), or case law or law reform.’ [Graham Greenleaf, Co-Director, AustLII & CommonLII]”
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
19 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
Sabrina posts: “How to Combat Spyware in Corporate Environments – ‘A vendor contribution from Panda Soft on Spyware...Spyware downloaded to companies can steal confidential information, reduce the performance of the IT infrastructure, due to the resources used by non work-related activity and loss of employee productivity, who have to deal with changes to system settings and unwanted advertisements.’" (20 pages, PDF)
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici
19 September 2005
Copyright ©2002-2005 BeSpacific LLC. All Rights Reserved.
Subscribe
Posted by Dennis M. Kennedy: “Lawyers have been a little slow to adopt instant messaging technologies. In fact, some law firms even prohibit the use of IM by their lawyers.
That may soon change.
Well . . . maybe not. But Between Lawyers contributors Tom Mighell and Dennis Kennedy (that's me) are trying to help lawyers with IM. Their new "Strongest Links" column in the ABA's Law Practice Today webzine will give you a wealth of resources on instant messaging. We cover everything from fundamentals to tools to practical issues to electronic discovery to business and security implications to acronyms and emoticons.
You may notice that Tom and I have put our lawyer membership cards at risk by taking a creative and non-traditional approach to writing the column. We had lots of fun (another word not often associated with lawyers) writing the column in this style and hope that you enjoy the article and find the resources we list to be helpful in considering and using IM as a collaboration tool.”
Source: Between Lawyers, 18 September 2005
Posted by Evan Schaeffer: “Topical and informative: The Roberts Nomination Hearings Podcast. Link from Scripting News.”
Source: Blawgcast.com, 15 September 2005
From Tom Mighell: “The legal technology folks who are providing services to lawyers affected by the Katrina disaster have found a permanent home on the web -- HelpKatrinaLawyers.org has lots of great resources, both for lawyers seeking assistance and those who want to help. There's a listing of companies currently volunteering their services, as well as a page where you can sign up to volunteer your own. You'll also find a page with Katrina and aid-related links, and a community discussion board is available for use.
http://www.helpkatrinalawyers.org/”
Source: Internet Legal Research Weekly by Tom Mighell
Volume 6, Issue 31
18 September 2005
Subscribe
Posted by Grant Griffiths: “You will remember Lisa Solomon for her guest post she provided a short time back about putting the office back in home office. Lisa was also on a panel discussion where they discussed using Email. Check out the link provided.
READ MORE --->”
Source: Home Office Lawyer, 19 September 2005
Joy London posts: “In his article, In Search of Innovation in the Minnesota Legal Community, Minneapolis-based, LaVern A. Pritchard (Pritchard Law Webs) poses the question "What does innovation in the Minnesota legal community look like?".
Pritchard received numerous responses about innovative practices involving blogs, computer foresensics/e-discovery, e-billing, e-filing, e-filing, electronic newsletters, e-mail management, extranets, knowledge management, mobile communications, office technology, paper reduction, practice management software, practice process improvement, and conferencing.
In a side bar, Pritchard also discusses the much-blogged-about article, The Tech Evolution: Change or Die, by Laura Owen, Director,Worldwide Legal Services at Cisco Systems Inc.
Owen warns lawyers to "innovate" or accept the consequences.
To summarize her advice to corporate counsel and their lawyers:
(1) Commoditize routine legal transactions.
(2) Create consortia to share needed work.
(3) Move your legal work to low cost firms located in the Midwest, South or other regions away from high cost centers.
(4) Bundle work for leverage.
(5) Use technology, not lawyers, to perform legal work.
(6) Create competition by always bidding your legal work.
(7) Set milestones for law firms and give rewards for exceeding goals (or penalties for missing the mark).
(8) Move 80 percent of your fees to a non-billable hour basis.
Pritchard points us to another article "Collective Bargaining" in August’s Corporate Counsel magazine. The article describes meetings over the last year of "eight of the largest corporations in the country," among them, Cisco Systems, DuPont, FMC Technologies, General Motors, Microsoft and three others undisclosed.
The article says these companies are getting together as a coalition "to get better rates and service from their law firms." The DuPont participant said that after 10 or more years of individual efforts to encourage their outside counsel to change, they are moving to collective action. The FMC Technologies participant asserts the "whole [legal] industry is based on inefficiencies" and predicts the group’s plans will be "very threatening to law firms.”"
Among the activities outlined are:
(1) studying prospects for outsourcing to India
(2) jointly rating law firms
(3) collectively purchasing legal services, and
(4) building an online system to answer recurring human resources questions and cut down on lawyer consultations.
The message is clear. Innovate or die."
Source: excited utterances, 17 September 2005
In the news: “Research suggests new associates from top law schools who work at big firms are the least satisfied in their work. Why? Part of today's recruiting pitch from firms competing for graduates is the promise of meaningful tasks, mentoring by partners and client contact. But those who've labored in the trenches say bosses don't deliver on those promises. "They should just tell you that you won't be doing work like that," said one associate, whose job pales in comparison to her summer associate experience.”
Read full text
Source: Source: Law.Com's Daily Legal Newswire
19 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Posted by Chuck Kallendorf: “Every so often a statute is repealed and then, several years later, the number “reinstituted,” and used over. Such is the case with Ohio Revised Code Chapter 5751.
Originally titled “Coal Consumption Tax ” the chapter was repealed in 1981 after being found unconstitutional on both State and Federal levels. [See Dayton Power & Light v.Lindley, 58 OSt.2d 465 and Mapco, Inc. v. Grunder , 470 FSupp. 401]. Now, by virtue of House Bill 66, passed last June, Chapter 5751 will be titled “Gross Receipts Tax” and cover a number of tax topics, including the new “commercial activity tax,” “electronic filings & payment,” and “refunds.”
To read new provisions of ORC Chapter 5751 as it appeared in HB 66, “click here.”
Source: Cincinnati Law Library Association, 16 September 2005
Posted by Anthony Cerminaro:
"1. How will the business affect your family?...
2. How will you support your family while building up your business?...
3. How well do you get along with different personalities?...
4. How good are you at making decisions?...
5. Do you have the physical and emotional stamina to run a business?...
6. How well do you plan and organize?...
7. Do you have the drive to maintain your motivation?...
8. Do you have the discipline to do what has to be done?..."
Read more in this National Business Association article.
Source: BizzBangBuzz, 16 September 2005
Patrick Lamb posts: “I read somewhere that McDonald’s does not deal directly with companies that manufacture its cups. Instead, it has a “cup company” handle all of its cup issues, including purchases. The reason, as I recall the article, is that McDonald’s is not a cup company and dealing with cup issues, prices, etc. is not a core competency. It deals with a company for which such issues are a core competency.
“Fascinating, Pat,” I can hear some of you saying, “but what the heck does this have to do with the practice of law in general and client service in particular.” A lot, actually.
First, check on "The Cisco Way" in this month’s ABA Journal.com. It is a story, on one hand, about a client driving change in the way its outside counsel work. I’ve long believed (and written) that major changes in the profession occur on a widespread basis only because clients demand the changes. But beyond that issue, think about opportunities created by this change. Mark Chandler, the GC of Cisco, states in the article: “In the past you would say, ‘I hope there’s one firm big enough to do it all for me. Not anymore. Now technology lets you pick and choose and bring together the best in each area.” There’s a focus on being best in an area.
If you want to play with the big dogs, you’re going to have become a “cup company.” That is, a firm so good at something the big dogs need that they are better off turning to you to do it. But I believe it goes beyond just the big dogs. Mid-size and even smaller companies will have to access themselves whether the return on their legal service dollar is as high as it should be. Is it cost-effective for an inside lawyer to do everything, even if he or she doesn’t have the background, experience or training for certain things? Or will the company be better off if the inside lawyer focuses on the areas where he or she can provide maximum return and outsource the rest of the legal department function? The McDonald’s “cup company” concept has a place at the table for a lot of businesses.”
Source: In Search of Perfect Client Service, 15 September 2005
Edison Ellenberger posts: “On September 15, Chief Justice Thomas Moyer issued two orders pertaining to the practice of law in Ohio and Hurricane Katrina.
The first order declares that lawyers in good standing in Louisiana, Mississippi, and Alabama who have been displaced due to Hurricane Katrina will receive permission to temporarily practice law from Ohio. The temporary authority to do so will last until midnight, March 15, 2006.
The chief justice also orders an extension to January 3, 2006 of the September 1, 2005 deadline for filing Certificates of Registration for the 2005/2007 attorney registration biennium for attorneys who are admitted to practice in Ohio and who either work or live in Louisiana, Mississippi, or Alabama.
The Registration for Temporary Practice from Ohio form (p.2 of the PDF) is attached to the orders, as is a memorandum from Richard A. Dove, Director of Attorney Services of the Supreme Court of Ohio (p.1).”
Source: The E-LawLibrary Weblog, 15 September 2005
From Maria Brandt: “This tool kit for the small to mid-sized business owner provides information for safeguarding a business in the face of a disaster, such as hurricane or fire. It features a set of forms "which, when completed, will provide you with a customized business continuity plan." Opens directly into a PDF document. From the Institute for Business and Home Safety.”
http://www.ibhs.org/docs/openforbusiness.pdf
Source: LII Librarians' Index to the Internet
NEW THIS WEEK for 15 September 2005
Copyright 2005 by Librarians' Index to the Internet, LII.
Subscribe
In the news: "Animals can't speak for themselves, so lawyers are doing the talking for them. Until recently, the specialty of "animal law" -- which can include elements of virtually every discipline of law -- was almost unknown in the legal profession. Now it's attracting the attention of law schools across the country. In 2001, George Washington University Law School was one of only eight schools offering an animal law course. Today, 59 schools offer such a course, and GW and others boast extensive programs."
Read full text
Source: Law.Com's Daily Legal Newswire
16 September 2005
Copyright 2005 ALM Properties, Inc. All rights reserved.
Subscribe
Ron Friedmann posts: “Two recent articles remind me why US law firms should focus their knowledge management efforts on automated approaches.
The September Harvard Business Review reports in Create Colleagues, Not Competitors on knowledge sharing in executive recruiting firms. Researchers found that e-mail traffic (and therefore presumably knowledge sharing) among professionals is much higher where compensation incentives focus on group rather than individual performance.
My friend Eric Mankin, a business innovation expert, in his weekly update titled Forced to Change, writes about the challenge of changing behavior. He notes that even when individuals face serious health threats, the chances are 9 to 1 against the person changing dangerous behaviors. Similarly, organizations typically change only in the face of powerful external motivators such as supply disruptions, new regulations, or new competitors.
So change is hard and behavior follows external incentive