I am sorry that I did not warn you about last week's publication break. I was so excited that our high school basketball team had made it to the state tournament... and WON (for the second straight year - the first time it's been done by a public school in Ohio for almost 40 years!!!) (Pardon the bragging)
Tomorrow I am headed to sunny South Carolina for the annual Cooper River Bridge Run. I'll be back next Wednesday. Have a good week - I will!!!
Sabrina writes: “Analyze This: The Evolution of Competitive Intelligence Products for the Legal Profession
Competitive intelligence and marketing expert Donna Cavallini reviews ALM Research Online, a service that allows users to search, sort and analyze key legal industry data. Donna's bottom line: this is a "must-have tool."
**Campaign Finance and the Internet: A Commentary on the Online Freedom of Speech Act
Beth Wellington discusses the divergent positions of key organizations and groups on the regulatory and legislative controversy over Internet free speech, campaign finance reform, and blogging. She provides links to legislation, news releases, government documents and blog postings on the issue.
**Interpretation and Translation Resources for the Criminal Justice System
Ken Strutin's series of articles on Criminal Justice Resources continues with this extensive bibliography that includes: Foreign Language Publications & Websites; Directories and Services; Deaf and Hard of Hearing Resources; Ethics and Standards; Federal and State Court Interpreter Programs and Reference Sources.
**Competitive Intelligence - A Selective Resource Guide - Updated
Donna Cavallini and Sabrina I. Pacifici have revised and updated their CI bibliography to reflect changes and additions to a selected group of go-to websites, alerts and services that provide current, reliable content, often for free or a small fee.
**Research RoundUp: Business Filings Databases -- Updated
Kathy Biehl's guide on corporate and business filings available online provides links to and descriptions of services available from all 50 states and the District of Columbia, as well as selected commercial services. It is the most comprehensive web resource available on the topic.
**E-Discovery Update - by Fios Inc. - Working With Obsolete Data
Conrad J. Jacoby
Legal teams that find themselves working with vintage media should approach these materials with caution—but not with fear. Several basic strategies can help teams manage the issues that arise when potentially relevant data is not readily accessible.
**The Government Domain: New GPO Catalog of Government Publications
Peggy Garvin reviews the new searchable catalog of current and historical federal congressional, executive, and judicial publications that are in print, electronic, and other formats.
**Faulkner's Practical Web Strategies for Attorneys: I'll Take My Legal News to Go Please - A Intro to Podcasting
Frederick L. Faulkner IV explains the basics of podcasting, its future role as a platform for CLE credits, and tools for locating, subscribing to and downloading podcasts. He also highlights the work of lawyers who are pioneering the delivery of content using this application.
**The Tao of Law Librarianship - Are You Ready for Podcasting?
Connie Crosby describes the hardware and software options available to create and maintain a podcast. She also delves into the reasons why this may be a perfect medium for teaching law students and lawyers. Connie's investigation into podcasting reveals that a range of topical content is available, from sources that range from professionals to hobbyists. This is a great guide to an emerging technology that offers interesting opportunities to teach, train and communicate in an interactive and cost effective manner.
**Burney's Gadgets for Legal Pros - Reviews: Treo 700w; Free Personal Firewall; WiFi Security; Free Backup Program
Brett Burney recommends the new Treo 700w to those who prefer the Windows Mobile OS to that offered by Palm. He also talks about free and low cost firewall and antivirus programs, as well as how to secure your Wi-Fi network at home and on the road. Last but not least, Brett heralds a free, easy to use back-up system for your PC.
**CongressLine by GalleryWatch.com - The Earmark - Part 2
Paul Jenks continues his discussion of an earmark, which is the specific direction of funding for a specific project within the appropriations or authorization bill. His explanation of this rather complex issue will serve you well as you learn more about legislative research and legislative history.
**FOIA Facts: Sunshine Week and Other Things
Scott A. Hodes reminds us why the goal of Sunshine Week, which is to elevate the public's awareness on the importance of governmental disclosure laws, is one that has become increasingly important to pursue every week, year round.
**LLRX Court Rules, Forms, and Dockets: the unique, free searchable database, maintained and continually updated by Margaret Berkland.
**LLRX.com Bookstore has all new recommendations
Source: Pacifici, Sabrina. “New on LLRX.com for March 2006.” Copyright © LLRX TM, Law Library Resource Xchange, LLC. All rights reserved. 22 March 2006. Subscribe <http://www.llrx.com/subscribe.htm>.
Posted by Howard Bashman: “A reader emails this link to an opinion that a Magistrate Judge of the U.S. District Court for the District of Kansas issued last Thursday. According to the reader, the opinion may be "the most comprehensive look at the role of metadata in electronic document discovery."
Source: How Appealing, 4 October 2006 (Via Blawg Republic, 28 March 2006)
Hilary writes: “Just click on this URL http://www.lawday.org/nie.html for articles intended for use with your local newspapers over a four-week period around Law Day. Each instructional feature explores a topic related to the 2006 Law Day theme, "Liberty Under Law: Separate Branches, Balanced Powers."
These lessons can also be used directly by teachers in the classroom, to stimulate discussion of such topics as the history of separation of powers, checks and balances, and the judiciary's role in separation of powers.”
Source: Email form Glazer, Hilary. “Newspaper in Education (NIE) Features for Law Day.” 24 March 2006
A link from G. Baker: http://www.ilrg.com/forms/states/oh-powerofattorneyhealth-dur.html
Source: Email message from Baker, G. “A Durable POA Link.” 18 March 2006
Posted by Wayne Schiess in his third installment of the legal analysis series: “As I said, I gave a seminar to lawyers who supervise others' writing, and I did not diagnose "lack of substantive understanding" as a possible cause of the confusing, disjointed writing some of the supervisors were seeing. I'm only human, after all. Not some SuperHero of writing, standing astride Mount Participle.
Yesterday I described what symptoms of "lack of substantive understanding" a supervisor might see in a piece of writing. Today I offer three suggestions for addressing the problem.
Require the writer to provide a one-paragraph summary of the conclusion and reasons in the document, whether it is a memo, brief, or letter. Clarify that this summary should be written after completing the main analysis in the document. The summary paragraph forces the writer to articulate the point of the writing. It's hard to do this if you don't know the material. Thus the up-front summary forces the writer to master the material or leaves you, the reader, with a clear diagnosis. I discuss summaries in chapter 11 of my book, Better Legal Writing.
Require the writer to write a short (10 words max) summary of every paragraph in the analysis and then, while reading through the summaries, ask these questions: Does this idea connect to the preceding one? Does the topic sentence reflect that connection? Then reconsider the paragraph order and the topic-transition sentences. I call this technique the "train of thought," and it is time consuming but effective. Before a writer can implicitly and explicitly connect every paragraph, the writer must master the material. Often, really poor organization reflects lack of understanding the material. I discuss this technique in chapter 6 of my book, Better Legal Writing.
Require the writer to meet with you and explain the analysis orally. Now lawyers tend to be much better at explaining something orally than in writing--or at least we master that skill earlier. For example, students can often explain something well when called on in class and yet not explain it well on a written exam. Still, the oral explanation should give you a good clue as to whether the writer understands the material.”
Active links are available at the source site listed below
Source: Legalwriting.net 15 March 2006
From Tom’s e-newsletter: “Google unveiled its Google Finance page yesterday, marking a new direction for the company -- now it's not just offering results, but content. There's going to be a discussion section where people can discuss stocks and other business topics, and other interactive features. One neat feature: when you look at the page for a particular stock, you'll notice the chart has letters on it -- these correspond to news stories (to the right of the chart) that came out at that particular time."
http://finance.google.com/finance
Source: Internet Legal Research Weekly by Tom Mighell. Volume 7, Issue 9. 26 March 2006. Subscribe <http://lists.inter-alia.net/mailman/listinfo/inter-alia>.
Tom writes in his e-newsletter: “Finally, the folks at del.icio.us have heard my silent pleas, and added a feature that I think makes the service more valuable. It's private saving of bookmarks. There are often some sites that I want to bookmark for later review, but I don't want them to be available to anyone but me. That's why I have been using Yahoo's My Web -- it has allowed the private saving of bookmarks for some time. Well, now del.icio.us is catching up, which is a good thing.”
http://del.icio.us/
http://blog.del.icio.us/blog/2006/03/private_saving_.html
Source: Internet Legal Research Weekly by Tom Mighell. Volume 7, Issue 9. 26 March 2006. Subscribe <http://lists.inter-alia.net/mailman/listinfo/inter-alia>.
From the e-newsletter: “The "Filing Your Federal Taxes" section of FindLaw for the Public's Tax Center contains two sections. In the Step-by-Step Guide, you can choose the proper tax form, learn where to file your return, a read a how-to guide to each step of the federal tax filing process. In the In-Depth Information section, get tips and resources on deductions, itemizing, getting an extension to file, and much more. To get started, click on the links below:
Step-by-Step Guide to Filing Your Federal Taxes
In-Depth Information on Filing Your Federal Taxes
Tax Help and Resources
Source: FindLaw’s PUBLIC ADVISOR. 23 March 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Evan Schaeffer posts: “It's never a good idea to put discovery disputes on the back burner. Even so, it's always tempting: not only can discovery disputes be tedious and boring, but they can also make you miserable, especially when you have to butt heads with your opponent.
It helps if you can train yourself to address discovery disputes as soon as possible without turning them into a battle of personalities. When your opponent is late with responses, send a letter, make a phone call, and then file a motion to compel. When your opponent tries to dodge your discovery with improper objections, don't let the objections get buried on your desk. Try to work them out. If that's not possible, file a motion.
In dealing with discovery disputes, don't delay ... but never raise your voice either.
Related posts:
1. "Plaintiffs' Lawyers: Don't Let Your Cases Stagnate"
2. "Defense Lawyers: Don't Help Out Your Opponent When It's Not Necessary"
For active links, go to
Source: The Illinois Trial Practice Weblog, March 20, 2006
Posted by JD Hull: "Lawyering as Soulful Work" is a March 11 post by Wall Street lawyer and consultant Arnie Herz at Legal Sanity as well as part of a phrase I used in yesterday's lengthy post on client dissatisfaction and the BTI Study. And two days later Arnie posted "Law Firm Leadership Roundup". Arnie's notions of the joy of practicing law with everything good you've got inside you--and the right way for the right clients with the right team sharing common goals and values and even having fun--are always inspiring to read. And he describes and explains them as living, breathing ideas you can actually apply and use way better than anyone writing about lawyering and client service. He has no peers there. Importantly, Arnie's blog also regularly reaches for ideas about work and the workplace which come from non-lawyers. Professionals, and lawyers in particular, need fresh ideas to build healthy firms to serve the people who count: clients and customers.”
Active links are available at the source site listed below.
Source: What About Clients?, 20 March 2006
Matt Homann posts: “ZDNet has a great list of “classic clueless-user” stories submitted by IT folks. Here’s one that made me laugh:
4. We currently have a great policy for keeping e-mail to a minimum. It's only kept 90 days, then it's deleted, so if you want to save it past the retention period, you have to put it into a file somehow.
This has been in effect for several years, but amazingly, we had a couple of executives in the legal dept who built up 40,000 messages in their inboxes each, without having any deleted. I finally got the connection when the new "retention policy" was published. The company lawyers who wrote it had a line in the document that excluded themselves from the policy and made sure they could keep everything forever!"
For active link, go to
Source: the [non]billable hour, 21 February 2006 (Via Blawg Republic, 22 March 2006)
In the news: “Can a defendant avoid being handcuffed, arrested and paraded in full view of the media? Unfortunately for criminal defendants, including white-collar defendants, the answer often is no. The practice of a "perp walk" is becoming increasingly common, and some government attorneys are now using it as a prosecution tool. Although defendants have limited protections, defense attorneys and corporate counsel have some options to help protect corporate executives who might soon be taking a perp walk of their own.”
Read full text
Source: Law.Com's Daily Legal Newswire. 21 March 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Gary Price posts: "Source: Administrative Office of the U.S. Courts on behalf of the U.S. Courts.
Complaints Against Judges Declined in FY 2005
These tables have stats and more info. 1 ||| 2"
Active links are available at the source site listed below.
Source: The ResourceShelf, 22 March 2006
Posted by Robert: “I noted last year the oral argument webcasts of the Massachusetts Supreme Judicial Court. Now, Boston Globe reporter Jonathan Saltzman has the story of how the webcase is serving as a vital link for an ailing SJC jurist. Justice Martha B. Sosman, diagnosed last year with breast cancer, relies on the webcasts to view arguments she is unable to attend in person.”
Active links are available at the source site listed below.
Source: Robert Ambrogi’s LawSites, 21 March 2006
This month’s topic is "The Most Dangerous Branch?: A Law Unto Itself?" by Dean Harold Hongju Koh
With Responses:
We The People's Executive by Rosa Ehrenreich Brooks
Is There an Exclusive Commander-in-Chief Power? By Julian G. Ku
Executive Power from a Connecticut Perspective: Lowering the Impeachment Bar by Kimberly Gahan
The Domestic War by Saikrishna B. Prakash
Active links are available at the source site listed below
Source: The Pocket Part, March 2006
Posted by Gary Price: "Bill Gates talks Google (we have a lot to contribute in search), web-based word processors and the Google "office" and much more. Btw, if you haven't tried Zoho Writer (another web-based word processor (free)), you should."
Full text and active link are available at the source site listed below.
Source: The ResourceShelf, 22 March 2006
Larry posts: "Why do clients fire law firms? Because they fail to listen to them, according to a thoughtful post by my colleague, Suzanne Lowe.
She points to new research by BTI Consulting, "How [Law Firm] Clients Hire, Fire and Spend" : 53.7% of clients ousted their primary law firm; Only 30.7% of clients recommend their primary law firm; 64.3% of clients plan to hire a new law firm.
These are daunting numbers, but perhaps they will begin to shed light for law firms (and other professional service sectors) on one of the key findings that Suzanne Lowe and I recently found in our own study, "Increasing Marketing Effectiveness at Professional Firms."
Professional firms that said they were extremely effective used three particular client-focused metrics in combination with each other. These three are: (a) Growing client revenue: “Did you grow revenue with your client or not?” (b) Moving the phases of a sale through a pipeline: “Did you close the sale or not?” and (c) Listening to the client: “Did you listen to your client or not?”
"Let's face it: if the law firms in BTI's study were really doing a good job of measuring their "listening-to-the-client" initiatives, their percentage of retaining those clients, and growing their book of business with them, would be higher. We found that it's not enough for firms to undertake simple client satisfaction surveys. Rather, our findings reveal that successful professional firms take deliberate steps to improve their client satisfaction information-gathering approaches!" Suzanne says.
Ask yourself:
"When is the last time we asked our clients whether our satisfaction surveys (feedback interviews, etc.) are really getting at their most critical issues?
When is the last time we revised our client research approaches to go deeper than shallow client satisfaction questions, or systematically analyzed the factors that REALLY grow our client relationships?"
One simple question -- "Would you recommend us to a friend?" -- is the one true measure of a firm's performance in the eyes of its clients, according to Suzanne.
Professional service marketers may not get the point of our study, but get it they must: becoming more competitively effective and attaining true growth requires professional service firms to think differently about how to measure and deepen their clients' loyalty.”
For active links, go to
Source: Larry Bodine’s Professional Services Marketing Blog, 20 March 2006
Posted by Jonathan Stein: “Yesterday, I wrote about being yourself. Today, I am going to suggest that when you are being yourself you should smile. Yes, even when you are having a bad day, you should smile, at least when you are interacting with others.
I was talking to someone the other day trying to settle a case. It wasn't going well. However, I smiled the entire time. When I was done negotiating with the adjuster, he commented on how pleasant it was, even though we did not settle the case.
My theory on why it was pleasant is simple: I smiled when I talked to him. That is it. I smiled. Try it. Talk to someone with a smile on your face. Your voice sounds different. You use different words. You come across differently. And when you sound happy, you sound confident. And that helps you in dealing with clients, potential clients, opposing counsel, and anyone else you are talking to.
Smile when you talk. See how it works.”
Visit Jonathan’s blog for other great law practice tips!
Source: The Practice, 21 March 2006
Allison Shields posts: “There has been a lot of discussion among bloggers lately about client satisfaction, how to measure it, when to measure it, whether it should be in person, in writing, etc. This week there were some great posts about selling while seeking client feedback, (by Tom Kane of Legal Marketing Blog) and whether visiting a client to help them is the right time to mention additional services we can provide (from Jim Hassett's Law Firm Business Development). Patrick Lamb of In Search of Perfect Client Service weighs in with a post on the right time to sell and the difference between talking to clients about how to serve them better and how you can serve them more. Hopefully this is a conversation that never ends.
But for those of you who still aren't convinced that any of this is worth so much discussion, perhaps Larry Bodine's post about bad word of mouth will change your mind. This isn't really new, and I've pointed this out before, but it bears repeating that a dissatisfied client, more than likely, isn't just a single loss to the firm. Negative experiences with a firm spread. And they probably spread more than 'positive' experiences. Think about this logically - people love to talk about what's wrong - they love to complain. It just isn't as much 'fun' to talk about what's going right as it is to talk about what's going wrong. Sad, perhaps, but true. So 'bad press' is likely to spread faster than good press - unless you really are exceptional.
Bodine's post talks about statistics gleaned from a customer dissatisfaction survey conducted by the Verde Group. Although the survey wasn't geared toward lawyers (it was about customer satisfaction with shopping), the statistics should make you sit up and take notice. Among the key findings were these:
• 31% of people that have a bad experience will tell at least one other person
• 64% of people surveyed wouldn't return to a business after hearing about a friend's negative experience
• On average people will tell at least 4 other people about their bad experience
• Negative experiences tend to be embellished in the re-telling (remember the game 'telephone' when you were a kid?) and can become up to 5 times as damaging as the original story
My thanks to Lisa Solomon of The Billable Hour and Question of Law for alerting me to Larry Bodine's post.”
For active links, go to
Source: Legal Ease Blog, 18 March 2006
From the blog: “I am always surprised by the fact that law firms see basic client communications as a billable event. A smart client will always ask their law firm whether or not they will get billed if they send their lawyer an email or a transmittal letter. Clients should know up front whether a five minute phone call is going to result in a sixty dollar charge.
Law firms that view basic client communications as a billable event are, in my opinion, law firms that could care less about customer service. Billing for basic client communications is indicative of a law firm mentality focused on billing every possible moment of every day to one or more clients.
We like to say that we are a value-based billing law firm. We only bill for those items which provide value to the clients. If we are not marking up a document or producing work product which can be visibly seen by the client--not just any work product, but high level analysis--that we don't bill it. If a phone call is that significant, it will always result in work after you hang up the phone. If an email contains strategic or other important information in a case, then it will require the attorney to get out of their chair and do something with it. The activity that comes from basic client communications is appropriate for billing….”
Full text of the post is available at the source site listed below.
Source: The Greatest American Lawyer, 16 March 2006
Hilary writes: "Law Day is a great occasion for lawyers and judges to reach out to the public. The ABA has provided plenty of ideas to help you frame the best Law Day speeches and presentations. Just click on http://www.abanet.org/publiced/lawday/talking/home.html for dozens of talking points and ideas for speeches, as well as some model speeches. A number of the topics directly relate to this year's theme of "Liberty Under Law: Separate Branches, Balanced Powers," including some talking points on judicial independence."
Source: An email from Hilary Glazer of the ABA, 20 March 2006
Sabrina posts: “Wikipedia has published an extensive comparison of over two dozen web browsers. Included is information on each respective browser's general history, features, operating system support, web technology support, languages in which the brower is available, and technical vulnerabilities. Readers note that all data is subject to verification, as this is a collaborative, open source publication.”
For the active link, go to
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 20 March 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Jeff posts: “Organizations usually focus more heavily on protecting the castle by fortifying its defenses. However, mobile technology security can be a bit more challenging, in no small part due to the plethora and complexity of devices, user mobility, and increased risks outside the firewall. Sometimes it doesn't receive as much attention, or perhaps is perceived as less securable. Thus I've recently written a feature article on effective mobile security techniques, strategies, and policies, entitled "Enhancing Mobile Security". The downloadable PDF is compatible with Acrobat 5 or higher.
This was originally published as the cover feature in the February/March 2006 issue of Law Office Computing. I am greatly honored by Amanda Flatten, LOC's Editor and Publisher, for granting me permission to publish it here. Amanda, you're the best. If you're in the legal field and have any interest in improving your practice via savvy use of technology and keeping abreast of new developments, then I highly recommend a subscription to LOC.”
For live links, go to
Source: LawTech Guru by Jeff Beard, 18 March 2005
Posted by Betsy McKenzie: “A nice article in today's Wall Street Journal clued me in to this terrific blog-style website, www.muniwireless.com. Esme Vos of the Netherlands, with guest editors Sascha Meinrath and Dewayne Hendricks run it with associated podcasts. It tracks which cities and towns have wi-fi networks.
The article in the WSJ discusses telecom companies that formerly attempted to block cities' move to offer free or low-cost wi-fi access, now are lining up to bid on the contracts. The Muniwireless site has a copy of the article, so go read up!”
Source: Out of the Jungle, 20 March 2006
Ed Poll posts: “Mark Dubois, chief disciplinary counsel for Connecticut state judicial branch, said ‘The business of law is as important as the practice of law...’"
Read full text at the source site listed below.
Source: LawBiz Blog, 19 March 2006
Evan Schaeffer posts: “Before I did my first direct examination of a real witness in a real trial, the partner I was working with gave me a bit of advice about leading questions that turned out to be very helpful. He told me that if the opposing lawyer objected that one of my questions was leading, I could probably fix the problem simply by asking the same question with the phrase "whether or not" tacked onto the beginning.
Here's an example. Say your question is "The light was green, right?" and it gets an "objection, leading" from the opposing counsel. Using the partner's method, the new question becomes "Can you tell me whether or not the light was green?" In some cases, the resulting question will still be deemed leading, but if the lawyer objects again, you're already on the right track to fixing the problem. That's important because in the heat of trial, it's often very difficult to figure out how to rephrase questions when met with repeated objections that are repeatedly sustained….
Full text of the post is available form the source site listed below.
Source: The Illinois Trial Practice Weblog, 17 March 2006
Sabrina posts: “New York Times, March 18, 2006: Why Do So Few Women Reach the Top of Big Law Firms?
* Ending the Gauntlet: Removing Barriers to Women's Success in the Law, by Lauren Stiller Rikleen”
Active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 19 March 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
In the news: “A firm of about 30 lawyers might seem too small to expand globally, but that's not stopping Zumpano, Patricios & Winker. The Florida-based firm is keeping pace with the stream of commerce by affiliating exclusively with small international firms that are based locally in such business hot spots as Costa Rica, Madrid, Mexico City and, most recently, Milan. In this Q&A, Joseph Zumpano describes the challenges of selecting partner firms and integrating operations across jurisdictions.”
Read full text
Source: Law.Com's Daily Legal Newswire. 20 March 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Frank Houdek: “Check out an article in the March 2006 issue of the Wisconsin Lawyer for an article exploring "The Shifting Legal Landscape of Blogging." Author Jennifer L. Peterson, a Wisconsin attorney, reviews some of the "challenging legal issues, including ones involving defamation, privacy, and copyright law," that are raised in the brave new world of blogging.”
SOURCE: WisBlawg
For live links, go to
Source: Law Dawg Blawg, 16 March 2006
Posted by Cindy Chick: “The meta-data in a Word document can tell others more than you really want them to know. Tracked changes are a perfect example; especially in a legal environment, you may not want to tip your hand by letting others see edited or deleted text. Microsoft offers new tools in Word 2003 to help remove metadata, but according to a Cnet article, they don't go far enough.
You might think that converting a Word document to PDF would automatically remove all such things, but some information may still be passed along, depending upon your settings, so while such a conversion might help, it only does part of the job. Even the government has had difficulties with this concept, releasing PDF documents with easily viewed confidential data. As a result, the National Security Agency has provided step by step instructions designed to avoid such gaffes in their Document on Redaction."
For live links, go to
Source: LawLib Tech, 20 March 2006
From the blog: "A question was recently posted on TechnoLawyer Answer to Questions (a free subscription), regarding the differences between using the free Windows XP Remote Desktop Connection (RDC) application versus a product like GoToMyPC.com. It’s a fair-enough question. Free versus not free. Especially when the end-user result seems almost identical.
The answer given was so eloquently written that I wrote to the author, Seth G. Rowland, Esq., President of Basha Systems LLC, for permission to include his post on my blog in its entirety, and to provide reprints to clients when the opportunity arises. Seth is a frequent contributor to TechnoLawyer, and very knowledgeable."
For active links and the full text of the article, go to
Source: Law Practice Management, 20 March 2006
From the e-newsletter: “Mapping the location of crime has a long and honorable tradition, and it continues in the present-day due to the diligence and focus of such groups as the National Institute of Justice’s Mapping & Analysis for Public Safety (MAPS) program. Formerly the Crime Mapping Research Center, the MAPS program was created in 1997 to bring together a host of experts from the field of criminology, criminal justice, and law enforcement committed to utilizing various forms of technology (such as GIS) to analyze the spatial dimension of crime. For the general public, there are a number of helpful resources here, including a recent report titled “Mapping Crime: Understanding Hot Spots” and a listserv titled “CrimeMap”, which interested parties can subscribe to. There is also a nice listing of related news items on the right-hand side of the homepage, along with archived stories of note. [KMG]”
Go to the site <http://www.ojp.usdoj.gov/nij/maps/>
Source: The Scout Report. Volume 12, Number 11. 17 March 2006. Copyright © 2006 Internet Scout Project. Subscribe <http://scout.wisc.edu/About/subscribe.php>.
Posted By Patrick Lamb: “In late January, I was one of several bloggers posting about who should be conducting client surveys and whether the surveys should be a disguised or blatant selling vehicle. Check this post for background. Jim Hassett continues this dialogue today with his post at Law Firm Business Development.
Its a very interesting post. The Director of Sales at Wombyle Carlyle takes issue with the notion that selling should not be a part of a client service survey. Jim quotes him:
“At a client service review, the lawyer and his/her client are supposed to dig in and candidly discuss what's going on at the company. It’s a chance for the client to wax eloquent about problems and dreams… At least to this salesman, for a lawyer to uncover problems (or opportunities) and not to provide a solution (yes, even one that the lawyer himself can address for a fee), is the equivalent of a doctor knowing that you have heart palpitations and not doing anything about it….When a client talks about problems (or opportunities), he/she wants advice and suggestions from a lawyer every bit as much as a patient does from a doctor.”
I beg to differ, and strongly. Maybe it is a matter of semantics, but there is a difference between a doctor knowing you have heart palpitations and fixing the problem with a prescription and a doctor listening to your symptoms and ordering a battery of tests to figure out what ails the patient. The latter requires investigation, analysis and listening. There is a difference between hearing what the law firm can do to improve the work it is currently doing and whether there is more work to handle. I've done north of twenty client service interviews. I know clients are savvy enough to distinguish between a discussion about how you can serve them better and how you can serve them more.”
For active links, go to
Source: In Search of Perfect Client Service, 11 March 2006
Genie Tyburski posts: “Federal courts using CM/ECF version 2.4 or higher may now provide written opinions via PACER. "Written opinions have been defined by the Judicial Conference as 'any document issued by a judge or judges of the court sitting in that capacity, that sets forth a reasoned explanation for a court's decision.'"
Subscribers may search for, and display, opinions (filed after version 2.4 was installed) free of charge. There may be a charge for older opinions.”
For the active link, go to
Source: TVC Alert Research News, 16 March 2006, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=mar06/16mar06.xml
Grant Griffiths posts: “One of the ways that I can provide the service I want to my clients is by using a virtual paralegal. My paralegal was with me when I had a downtown office. She now works at home via email, fax and lots of digital dictation and PDF's. She is not an employee, but is an independent contractor.
I use an Olympus DS-330 to do my dictation. Once the dictation is done, I save it to my computer in a file folder called Transcription. The DS-330 comes with the software to load on the computer for transferring the file from the 330 to my iBook. I than attached the .wav file to an email and send it off to my paralegal.
My paralegal than opens the file with a great software package that even includes the equipment to transcript the file to the document required. Start Stop Universal transcription system is a complete system. Including the software, foot-pedal and earphones.
The file is transcribed and emailed by my paralegal to me in proof form. I than proof, make any changes necessary, print it and do with it what needs to be done. If at all possible, I never print the document, since I can sign them with my computer by pasting my signature into the document. I fax file when I can and fax letters when I can. Or attach them to emails if possible. This is just one step in working towards the paperLESS office.
This system works great. What is even better is I can dictate anywhere I am and email documents to my paralegal as long as I have wifi. And I can retrieve them from my email and, again do with them what needs to be done.
My next purchase will be a Canon Portable printer and of course the Treo 650 I mentioned before.”
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Source: Home Office Lawyer, 11 March 2006
Posted by Tom Mighell: “Numbler is one of those new Web 2.0 sites that make it embarassingly easy to collaborate on spreadsheets. You can import Excel spreadsheets or CSV format files, or create your own from scratch. The formula syntax and behavior is similar to Excel, but you shouldn't expect full functionality. It's a nice way to work in real time with others on spreadsheets, rather than mail them around from person to person.”
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Source: Inter Alia, 16 March 2006
In the news: “The words that make a lawyer's heart beat faster are no longer "billable hours" but "new BlackBerry" or "new Palm." Tech writer Alan Cohen takes two PDAs and some portable keyboards for spins and reports back on the good, the bad and the ugly. He finds the latest BlackBerry is greatly improved and "simply feels right in your hand." He says Palm has some good ideas for its TX model, chief among them the price. And he has high praise for the latest portable keyboards. He says you might actually use them.”
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Source: Law.Com's Daily Legal Newswire. 17 March 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Sabrina posts: “Four Modes of Seeking Information and How to Design for Them, by Donna Maurer.”
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Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 16 March 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the e-newsletter: “As a consumer, do you know what steps to take if you have a problem when purchasing goods or services? How much time should you give a seller to resolve your issue? Should you put your complaint in writing, and if so, what should you ask for? Who should you contact if your initial efforts do not solve the problem? Get answers to these questions and more from FindLaw for the Public. Choose from the links below:
Go Back to the Seller - Tips
Report Legal Violations and Safety Hazards
Don’t Give Up
Sample Complaint Letter
Where to Complain
Find a Consumer Protection Attorney Near You”
Source: FindLaw’s PUBLIC ADVISOR. 16 March 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the e-newsletter: “As the tax filing deadline approaches, FindLaw for the Public introduces its new Tax Center, providing information and resources for filing your 2005 income tax return with the Internal Revenue Service (IRS), and with your state tax agency -- including a step-by-step guide to filing your federal taxes, tips on audits, links to IRS forms and publications, and much more. Click on the link below to get started.”
http://public.findlaw.com/taxes/
Tax Help and Resources
Source: FindLaw’s PUBLIC ADVISOR. 16 March 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by: John Jantsch: “In a recent issue of the Early to Rise newsletter, Bob Bly, marketing expert and author of 60 books on business, advises that business owners should forget everything they have been told about using a business card and adopt what he calls and anti-business card strategy. As is generally the case, I agree with Bob to a degree
From the Newsletter
1. Don't worry about what you put on your business card. It doesn't matter.
2. Don't carry business cards or hand them out to people.
Instead, do the following ...
When a prospect asks you, "Do you have a business card?" say, "I don't have any on me. But give me yours, and I will put one of mine in the mail to you."
Then, in conversation, qualify the prospect and find out his needs. When you get back to your office, send him the appropriate catalog, brochure, or other relevant literature on your products or services. Enclose one of your business cards with these marketing materials - fulfilling the promise you made to send it.
Much of what Bob says in this article is dead on. People spend a lot of time fretting over something that probably doesn't get them much.
But, here's one place where I differ with Bob on this issue.
What if you printed an offer on your business card and gave it away like a powerful direct mail piece - now, somehow, I think even Bob would have trouble arguing with that use. Create a free newsletter, report or audio download and promote that on your business card and you will have one great way to use a business card.
You should really make a point of stopping by Bob Bly's blog too!”
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Source: Duct Tape Marketing, 10 March 2006
Sabrina posts the latest and greatest from LLRX
“• FOIA Facts - Sunshine Week and Other Things, by Scott A. Hodes
• CongressLine by GalleryWatch.com - The Earmark - Part 2, by Paul Jenks
• E-Discovery Update - by Fios Inc. - Working With Obsolete Data, by Conrad J. Jacoby”
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Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 16 March 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
From the e-newsletter: “Even if a lawyer admits he made a mistake by failing to file a post-trial motion, his client has no valid malpractice claim if he cannot show that the trial judge would have granted his motion, a Pennsylvania federal judge has ruled.”
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Source: FindLaw’s PRACTICE PAPER. 15 March 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
From the e-newsletter: “Recently, at the huge LegalTech tradeshow in New York, I saw a lot of, well, legal tech. But there was one product that really excited me as a practicing lawyer. It was Recommind's MindServer Legal, or what you might call 'Google for law firms.'"
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Source: FindLaw’s PRACTICE PAPER. 15 March 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Ernie posts: “I understand Adam Spence. Too bad more lawyers don't understand people like him.”
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Source: Ernie the Attorney, 13 March 2006
In the news: “Mick Jagger probably wasn't thinking about his attorney when he recorded "(I Can't Get No) Satisfaction" back in 1965. But these days, general counsel may well be singing that tune. Satisfaction with outside law firms is "particularly low" right now, says Marcie Borgal, an analyst with a consulting company that interviewed more than 200 GCs and deputy and associate GCs at Fortune 1000 corporations. How bad is it? More than half of companies changed their primary firm in the last two years.”
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Source: Law.Com's Daily Legal Newswire. 16 March 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Sabrina posts: "Adobe whitepaper, Redaction of Confidential Information in a Document: "How to safely remove sensitive information from Microsoft Word documents and convert to PDF"
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Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 16 March 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Tomas Gunnarsson: “Three months ago, I came up with an idea that makes it easier for users to find what they're looking for: a search box in the middle of the desktop. It's very accessible -- all you have to do is press your Ctrl key twice. After some experimentation, people are telling us they like it and use it. That's why we're adding it to Google Desktop (coming out of beta today). Give the Quick Search Box a try. We hope you find it handy.”
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Source: Google Blog, 14 March 2006
Posted by Anthony Cerminaro: "Do you know how to read a financial statement on your own? Do you know how to read your own personal and business financial statements?
Knowing how to do this is an essential skill not just for entrepreneurs but for everyone. However, for the entrepreneur having this skill can mean the difference between having a thriving business that continues to thrive and winding up in bankruptcy. The annals of the bankruptcy courts are strewn with cases of entrepreneurs who entrusted their accounting to others and, not knowing how to read the financial statements of their own businesses, were surprised when they found that the business was ultimately unsustainable. The purpose of this article [from The Cash Flow Blog] is to help prevent this from happening to you--and to arm you with the skills you need to structure your business to your benefit from the outset."
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Source: BizzBangBuzz, 13 March 2006-03-15
Posted by Sue Altmeyer: “The Governor has signed SB 33, which prohibits retailers from selling gift cards which expire in less than two years. Merchants can not add hidden charges in the two year period to reduce the value of the gift card. If a card is issued without an expiration date, the card is valid until redeemed or replaced by another card. Certain types of cards, such as cards not paid for by a consumer that are distributed pursuant to an awards program are exempt. Ohio Puts Gift Card Law on Books, Business First of Columbus, March 14, 2006.”
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Source: Cleveland Law Library Weblog, 15 March 2006
Posted by Dennis Kennedy: “Here's a provocative topic for a Friday afternoon from a fascinating article in today's ABA Journal eReport. Terry Carter's "No Time for a Round-up" covers a recent Kansas case where a court censured a lawyer for, among other things, rounding 45 minute blocks of time to one hour.
The article then goes into detail about what might and might not be permitted in the rounding of time to the nearest billing increment. Read it yourself. I'll simply note that some of the examples referred to specific questionable practices that looked suspicious on their faces.
The most interesting comments are from a law professor who suggests than ANY rounding should be prohibited. In other words, time entries would become 5 minutes, 24 seconds, rather than .1 hour. The technology, she suggests, is available to do this. This might give new meaning to "being on the clock." Before long, embedding chips directly into lawyers' brains might make timekeeping even more accurate.
You might want to read this article right before you read Ron Baker's recent comments about lawyers as knowledge workers.
This might also be a good place to plug my recent white paper on improving time capture for lawyers, a topic which might have become much more interesting to lawyers, especially those in Kansas.
If this article makes you think about alternative billing models, Tom Mighell and I wrote a couple of columns about resources on this topic here and here.”
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Source: Between Lawyers, 10 March 2006