December 29, 2006

"Coaching -- It's Importance Never Declines"

Posted by Ed Poll: “When lawyers ask me about coaching, and its value, I frequently talk about sports as a metaphor that we can all understand. I use examples such as Lance Armstrong (cycling), Michelle Kwan (figure skating) and others.

In this time of year when football is the dominant sport of interest, Tom Brady, New England Patriot quarterback, and winner of three Super Bowls, and Most Valuable Player in two of them, makes an interesting disclosure about the coaching process…”

Continue reading this informative post at the source site listed below.
Source: LawBiz Blog, 28 December 2006

Posted by Nancy at 09:51 AM | Comments (0) | TrackBack

"A Problem Solving Policy for the Law Firm"

Posted by Tom Collins: “It is the pursuit of opportunities, not fixing problems, that separates excellent enterprises from the “also ran”. An important rule for the managing partner to live by is, “Not all problems need to be solved, and of those that do, not all need to be solved by me”.

Problem-solving is often incorrectly viewed as Management’s job. Opportunities, not problem-solving, should be top priority. But, what about those problems that do need to be solved—and solved by you?

It is important to understand what most people identify as a problem is the gap between the way things actually are and the way they should be. Most problem solving simply closes the gap. This only returns the things to normal expectations. That kind of problem solving adds no new value. It simply puts things back the way they should be. It treats the symptoms but not the “cause”.

If management is going to concentrate on opportunities, it must avoid problems. That means when you do have to tackle a problem, you should do so with a no-return policy. Look for the conditions that permitted the problem to occur and take steps to prevent reoccurrence.

With that in mind, excellent managers take problem definition seriously. They ask five “Whys?”

Who and why?
What and why?
When and why?
Where and why?
How and why?

Continue reading this informative post at the source site listed below.
Source: morepartnerincome.com, 29 December 2006

Posted by Nancy at 09:49 AM | Comments (0) | TrackBack

"Programs to Help the Mac Lawyer be More Productive"

Posted by Grant Griffiths: “David Swanner of the South Carolina Trial Law Blog had a post today called, Programs to Help Lawyers be More Productive.

First, let me say, I have the utmost respect for David. But, after reading his post, I felt I had to provide my own list. Therefore, this list will contain those programs and some hardware one can use on a Mac computer to be more productive.

● Dictation:
● Faxing: I use PageSender as my faxing tool in my practice..
● Timeline Graphing Tool: As Dave suggest, TimeMap is a great timeline graphing tool. When I was using windoze, I used Timemap. But, there is a program for the Mac for doing the same thing. Timeline is the program.
● Case Management: A program I would not be without is Circus Ponies Notebook.
● Mind Mapping: Dave mentions MindManager 5 which is the windoze version. What most don't realize, there is a Mac version too. MindManager 6 enables you to organize your ideas and information. However, it is very pricey... I have been looking at and trying NovaMind's mind mapping solution.
● Trial Presentation Software: TrialSmart is used to create, edit and show video and graphics… With DepoSmart, you can analyze, annotate, and print transcripts.
● Practice Management Software: This is perhaps one of the areas that gets the most comments and questions from attorneys looking at using Macs in their law practice… I use Daylite 3 to help me keep my office organized.

Check them out, email your questions or comments here so we can continue to visit about this.

Related Links:
Daylite 3 as Case Management
Calendar and Contact Management
Using Daylite as Case Management Software
Using Macs in the Law Office
Why a Mac?

Read full text of Grant’s post at the source site listed below.
Source: Home Office Lawyer, 25 December 2006

Posted by Nancy at 09:46 AM | Comments (0) | TrackBack

"Google Blog Search passes Technorati"

Posted by Kevin O’Keefe: “Another sign that Google is getting into blogs and RSS more and more is Hitwise's report that Google Blog Search passed Technorati in the market share of visits for the end of December.

Approximately 60% of Google Blog Search's traffic comes directly from Google News which includes a Blog Search link. It was not until October when Google placed a link to Blog Search on Google News that Blog Search started catching Technorati. That move alone caused a 168% spike in traffic.

For lawyers this is good news. It increases the opportunity for their blogged content to be found and their blog subscribed to.

Like the public in general, lawyers and their target audiences are more familiar with Google than Technorati. A strong Google Blog Search increases the awareness of blogs and their valuable information on niche topics. Plus when it comes down to it, most things Google does, it does well. I expect Google to nail blog search, only increasing the public's use of blogs when searching for valuable info.”

Get the active links and view Kevin’s chart comparing the four major blog search engines at the source site listed below.
Source: Real Lawyers Have Blogs, 28 December 2006

Posted by Nancy at 09:41 AM | Comments (0) | TrackBack

"Blawg of the Day" - Surrogacy Issues Blog

Posted by Tom Mighell: “The Law Offices of Theresa M. Erickson is publishing the Surrogacy Issues Blog, in which she discusses family formation law, reproductive law, surrogacy and egg donation issues.”

The active link is available at the source site listed below.
Source: Inter Alia, 23 December 2006

Posted by Nancy at 09:37 AM | Comments (0) | TrackBack

"Taft Says He Will Sign Mental Health Parity Bill"

Posted by Sue Altmeyer: “According to a report by WKSU News, Governor Taft said he will sign the mental health parity bill, SB 116. The bill requires health insurers who offer coverage for "basic health care services" to offer coverage for biologically based mental illnesses. Companies may opt out if premiums are increased more than 1%, due to the costs of mental health parity. Larger self-insured companies are, by federal law, exempt from state laws such as this one. Governor To Sign Mental Health Bill by Jo Ingles, WKSU News, Dec. 28, 2006; Mental Health Parity Bill Sent to Governor Taft, ODMH Connections, Dec. 2006.”

The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 28 December 2006

Posted by Nancy at 09:35 AM | Comments (0) | TrackBack

"Ohio Bill Updating Language"

Posted by Chuck Kallendorf: “A bill introduced in the Ohio House on December 5th. Would do some semantic “housecleaning”, replacing archaic terms such as “insane” and “lunatic” with more appropriate ones such as “incompetent.” Other terms such as “drunkard,” “idiot,” and “imbecile” would just be struck.

Other instances, such as in ORC § 701.01, include ,“unless the context (of the statute) shows another meaning was intended, ‘person’ includes a private corporation, ‘writing’ includes printing, and ‘oath’ includes affirmation.”

Areas include court administration, health & liquor control; real property, taxation, and public utilities; and veterans’ affairs statutes.

H.B. 698

The active link is available at the source site listed below.
Source: Cincinnati Law Library Blog, 28 December 2006

Posted by Nancy at 09:33 AM | Comments (0) | TrackBack

For Your Clients - "Making a Budget"

From the e-newsletter: “As 2007 approaches, many people are making a resolution to save money and avoid debt in the New Year. FindLaw for the Public's "Making a Budget" section has helpful tips on creating a personal financial plan, managing expenses, and avoiding debt. You will also find a sample budget to help you get started on the right financial track in 2007:

http://bankruptcy.findlaw.com/bankruptcy/debt-relief-options/budget-top.html
Source: FindLaw’s Public Advisor. 28 December 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Nancy at 09:30 AM | Comments (0) | TrackBack

December 28, 2006

"Hot Practice, or Just Hot Air?"

In the news: “Y2K. Trans fat. Gun violence. A lot of law firms made a lot of plans to make a lot of money from these issues. Not many did. But climate change could be the case to end all cases. Will the legal fees be as big as the polar ice caps, or will they melt away into nothing? Several firms, including Pillsbury Winthrop Shaw Pittman, and Morrison & Foerster, have bet big on global warming, and repackaged their existing intellectual property and environmental lawyers into supposedly cutting-edge "green" groups.”
Read full text
Source: Law.Com's Daily Legal Newswire. 28 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Nancy at 09:57 AM | Comments (0) | TrackBack

"Ohio Supreme Court Library Research Guides"

Posted by Sue Altmeyer: “The Ohio Supreme Court Library has posted research guides on the web, including How to Find an Ohio Case, Ohio and Federal Legislative History and Government Documents. See Law Library Information Series. The guides contain active links to information on the web. Similar research guides can be found on the Cleveland Law Library's FAQ page. For example, see the FAQs on How to Find an Ohio Case, Ohio Forms and Basic Ohio Legal Materials (including Ohio legislative history).”

The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 27 December 2006

Posted by Nancy at 09:54 AM | Comments (0) | TrackBack

"Internet Research Digs Up Private Matters"

In the news: “Savvy lawyers access public records because they contain treasure troves of government-held data about people and companies, perfect for investigating the background of a potential client, a new partner, a witness or the opposition. But what do you do when the public-record floodgates narrow or close? According to Carole Levitt and Mark Rosch, principals of Internet for Lawyers, the information you can find is limited only by the time, energy and ingenuity you devote to surfing the Internet.”
Read full text
Source: Law.Com's Daily Legal Newswire. 28 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Nancy at 09:50 AM | Comments (0) | TrackBack

"Developing a Marketing Budget: Dollars and Sense"

From the e-newsletter: “It is a simple fact of business that marketing costs money. However, spending money on marketing is one thing. Spending the money wisely is another. You want to create a budgeting process that matches your firm’s marketing goals. Most marketing initiatives, from advertising and newsletters to sponsorships and client entertainment, come with an identifiable price tag. While there are some low-cost efforts that can be effective, such as writing for industry publications or speaking at professional meetings, they still take time and, as they say, time is money—particularly for lawyers.”

http://www.abanet.org/lpm/magazine/articles/v32/is8/an13.shtml
Source: FindLaw’s Practice Paper. 27 December 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Nancy at 09:46 AM | Comments (0) | TrackBack

"Putting Some Fun in Email Marketing"

Posted by John Jantsch: “MailChimp is a very simple yet effective email marketing tool. It is a service that essentially allows you to easily create and send HTML emails to groups big and small.

They have take[n] the work out [of] this task and maybe even injected a little fun in the process. One of the core points of difference is their pay for what you send model. There is no monthly fee just a small fee per email actually sent.

No matter what your email marketing plans however, I do suggest you get and read their free 50 page email marketing guide called Designing, Coding and Delivering HTML Email. HTML email, email that looks like a web page, offers great impact but does come with its own set of challenges. This guide is one of the best I've uncovered that addresses those common challenges and gives you advice on best practices to get your email read and acted on.

Like all good software services they have a free trial. Go check them out. For many small businesses this could be the right solution.”

The active links are available at the source site listed below.
Source: Duct Tape Marketing, 26 December 2006

Posted by Nancy at 09:40 AM | Comments (0) | TrackBack

"Cost-Cutting Tips for the Law Firm"

Posted by Tom Collins: “Every law firm should be smart about managing cost and the following tips will help you do so...

• Don’t fall for volume discounts to buy more than what you need.
• Avoid long-term commitments (leases, etc.) as much as possible, most especially on products and services that are marked by a deflationary trend.
• Be smart about office space.
• Treat technology expenses as normal ongoing expenses instead of periodic capital purchases.
• Renegotiate your health care insurance as often as you can stand and don’t do it at renewal time.
• If you have uneven cash flow, you might be dipping into credit lines often.
• Always compare unit costs and terms from current vendors to the competition.
• Make people ask for things, including reports.
• Budget and compare budget to actual. Compare both aggregate dollars and unit costs.
• Let the finance team have the internal goal to bring down the overhead rate.
• Don’t ever cut out the coffee.

While managing cost is important, cost-cutting campaigns will not move a law firm into the category of a top performer. If you want to increase profitability, you need to concentrate on increasing revenue rather than becoming obsessed about reducing expenses. You should pursue business development as well as opportunities to increase productivity, increase the firm’s effective rate, and improve realization. Eliminating amenities, degrading facilities, reducing personnel, holding back on salary increases, and reducing administrative staff is likely to cause more harm than gain.”

Read full text at the source site listed below
Source: morepartnerincome.com, 28 December 2006

Posted by Nancy at 09:38 AM | Comments (0) | TrackBack

"Law Practice Review of WAKE ME UP WHEN THE DATA IS OVER Now Online"

Posted by StephanieWestAllen: “In October, I promised I would let you know when my review of Wake Me Up When the Data Is Over was available to be read online. So here's the link for that review of Wake Me Up When the Data Is Over: How Organizations Use Stories to Drive Results. You may read it online until the next edition of the ABA's Law Practice goes up on the site. After that, the review will be available in the archives only to subscribers of Law Practice.”

The active links are available at the source site listed below.
Source: idealawg, 26 December 2006

Posted by Nancy at 09:33 AM | Comments (0) | TrackBack

For Your Firm's Website - "Tips for Employers for a Litigation-Free Holiday Season"

Posted by Anthony Cerminaro: “See this Vedder Price article for a good summary of measures employers may take to avoid the legal pitfalls and potential litigation that can frequently arise during the holidays. Found via the newsletter from Employment Law Information Network.”

The active links are available at the source site listed below.
Source: BizzBangBuzz, 27 December 2006

Posted by Nancy at 09:28 AM | Comments (0) | TrackBack

December 27, 2006

"A New Year's Resolution: Creating a Healthy Law Firm"

In the news: “Realizing the benefits of adopting a health-conscious culture, more law firms are seeking ways to shape healthier work environments these days. For lawyers, working for a firm that promotes a healthier lifestyle for employees can be a valuable benefit, especially given the number of hours that they spend at the office. White & Case partner Karen Asner explains how a wellness program can affect lawyers as well as law firms -- from improving productivity to reducing stress. Taoist breathing, anyone?”
Read full text
Source: Law.Com's Daily Legal Newswire. 27 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Nancy at 09:34 AM | Comments (0) | TrackBack

"Focus: 2007"

From the blog: “Looking out onto the coming year, there are many different resolutions that hold a lot of promise for 2007. One of these is a re-dedication to the focus required to succeed against any goal we set for ourselves. Everyone knows the saying "you can do anything if you put your mind to it", but in 2006 there were instances where my mind was off from what I had set out to do, and my ability to do 'anything' was reduced.

Too often it is too easy to get caught up in the bells and whistles of anything you do and loose the focus that is required to stay afloat and expand in the business world. This is a danger those of us in the tech-age sector of the field of law must always be cognizant of. Technology in our field has the ability to change the face of the entire adversarial system, but its utilities and capacities can only supplement sound legal knowledge and argument; whose achievement can only be brought about through focused and dedicated work.

So let 2007 be a year in which we are dedicated to the work that makes us good attorneys. A year in which our ability to outperform our competitors, both inside and outside the courtroom is greatly enhanced; where we best them with both an extranet and an inspiring closing argument. The coming year is bound to have new technologies that we can test-drive and harness, but let’s also maintain a focus on the fundamentals of the work that keep our doors open.”
Source: The Greatest American Lawyer, 26 December 2006

Posted by Nancy at 09:32 AM | Comments (0) | TrackBack

"Client Portability and Trust"

Posted by Michelle Golden: “Are your clients portable enough?

I don't mean portable for you to move on. I mean portable for others to take them from you. "What?!" you ask?

Always intriguing, attorney Dan Hull (pictured) over at What About Clients? says that if your associates can't steal your clients tomorrow, then they aren't involved enough and your firm isn't providing truly outrageous service.

Dan wrote:

"Dude, if you can't steal our clients, you're fired."

Every day, the client service by associates and paralegals should be good enough to permit those employees to actually steal any client, and take them to another law firm...if they were to leave your shop tomorrow morning. Period.

Fact: that's what we want at our firm, and that's what we tell associates.

If you are not, in effect, willing to go that far with your own employees in instituting and daily demanding client service, you are neither confident about client loyalty (not to mention employee loyalty) nor really serious about delivering outrageous client service to your clients.

I've never heard it put quite like this, but I think Dan's got a great point. See Dan's whole post.

In the interest of a single lawyer or accountant trying to stay "portable" (read: uncommitted, silo'd), we frequently see a tendency away from involving others on their accounts. Not only is that profitability suicide (lack of delegation and training), it's also service suicide (more people means more responsiveness, more value, more "brains" on the job), and it's an associate retention disaster.

Behind the challenge: "can you steal the client?" lies the incentive NOT to. This is a culture thing and it goes hand-in-hand with what's at the heart of Dan's message: trust.

This much trust is a people magnet. Don't you want to work in a firm that has this much trust in people?

When there is trust in a firm, culture is strong.

• Trust that your partners and team members will do the right thing for the right reasons.
• Trust that associates and other team members will learn what they need to know.
• Trust that mistakes will be made, but will be handled gracefully.
• Trust that others will represent themselves effectively with "your" clients.
• Trust that time is well spent by everyone. (no micromanaging!!)
• And trust that your outward trust will come back to you exponentially.

Trust is awesome in that, for most people, the more you trust them, the more they deserve to be trusted and will work hard to continue earning your trust. It's a beautiful thing.

Do you want people to work for and with you?

If you don't or won't trust in these things, you might want to think about what it's costing you in client turnover and lost team members.”

The active links are available at the source site listed below.
Source: Golden Practices, 20 December 2006

Posted by Nancy at 09:29 AM | Comments (0) | TrackBack

"Programs to Help Lawyers be More Productive"

Posted by David Swanner: “Yesterday I gave a presentation on blogging for a law firm that I really respect in Columbia. They told me what programs they were using and I was asked what they could do to increase the productivity or effectiveness of their lawyers. They do trial work, but have a number of practice areas. This is my response to them.

Easy
• Speak-Write
• TimeMap

Medium
• CaseMap
• MindManager 5
• Trial Presentation Software – Sanction and Trial Director are the two best.

Hard
• Practice Management Software

Practice Management is listed under hard, because it permeates every area of your practice and takes a lot of effort to set up right, to get everyone to buy into it and to use it.

Read the full text of this post for discussion of each program at the source site listed below.
Source: South Carolina Trial Law Blog, 23 December 2006

Posted by Nancy at 09:23 AM | Comments (0) | TrackBack

"Prisoners' Right to Internet Materials Contested"

In the news: “The Internet age -- and all its legal complications -- has finally come to prisons. Cases about inmates' rights in the digital world have focused on whether prisoners should be allowed to receive correspondence originating from the Internet. Opponents have brought up an array of safety and security concerns, such as the possibility that the materials could include contraband, but prisoners' advocates argue that receiving the material in the mail is a free speech right protected by the First Amendment.”
Read full text
Source: Law.Com's Daily Legal Newswire. 26 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Nancy at 09:15 AM | Comments (0) | TrackBack

"ILTA Report: KM Growing"

Posted by Ron Friedmann: “The recently released ILTA 2006 IT Staffing Survey indicates that KM is on the rise.

The survey (PDF here) asks “Who Manages KM?” (chart p. 10, table p. 15). Across all 4 categories of firm size, from small to very large, the percent of firms reporting “no one manages KM” fell from 2005 to 2006.

Focusing on very large firms (500+ users), the “no one” percent fell from 49% to 27%. That means that 13 firms added a KM manager (22% of 61 responding). I find the 2005 versus 2006 data on where knowledge management reports a bit confusing. At first I thought I could tell whether the new KM managers were in IT or not but now I’m not so sure. What seems certain - and a surprise to me - is that KM reports to IT in 37% of firms responding in 2006.”

The active link is available at the source site listed below.
Source: Strategic Legal Technology, 20 December 2006

Posted by Nancy at 09:12 AM | Comments (0) | TrackBack

"Hitting the High Points of the New EDD Rules"

In the news: “Electronic evidence isn't going away -- and neither is the loathing that often accompanies learning new procedures and technologies. But fear not. Craig Ball, computer forensics and electronic data discovery special master, sums up the important issues that have arisen in the past year around the adoption of amendments to the Federal Rules of Civil Procedure concerning electronic discovery. The more law firms learn about digital evidence, the sooner they can hit "delete" on uncertainty and doubt.”
Read full text
Source: Law.Com's Daily Legal Newswire. 27 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Nancy at 09:08 AM | Comments (0) | TrackBack

"UK Statute Law Database Free on Web"

Posted by Bonnie Shucha: “Just released today, the UK Statute Law Database (SLD) is the official revised edition of the primary legislation of the United Kingdom made available online. Previously accessible only to a limited number of users in government, SLD is now publicly available online, free of charge.

Thanks to my colleague, Nancy Paul, for the tip.”

The active link is available at the source site listed below.
Source: WisBlawg, 20 December 2006

Posted by Nancy at 09:06 AM | Comments (0) | TrackBack

December 26, 2006

Check it OUT!!

We won a “Bloggie!”

Robert Ambrogi and Carolyn Elefant are great bloggers and it is an honor to be linked to them!

Thank you Dennis!

Read “The 2006 Blawggies: Dennis Kennedy's Best Law-related Blogging Awards” for links to other excellent blogs!
Source: DennisKennedy.com, 22 December 2006

Posted by Nancy at 10:25 AM | Comments (0) | TrackBack

"The Gift of Guidance for Lawyers"

Posted by Arnie Herz: “In this time of giving and receiving, I want to thank everyone who reads and engages this blog for receiving what I have to offer in the form of ideas and commentary on bettering the practice of law. I’d also like to thank you for giving me the gift of your great insight and input on legal sanity. I wish you all joyous and fulfilling holiday celebrations.

Here are a few resources offering the gift of guidance for lawyers. The first is a roundup of Inc.com’s best articles on mentoring, an important inroad to employee engagement in law firms.

The next guidepost comes through a Fast Company article called Finding Their Calling. It highlights the point that employee engagement and fidelity derives in large part from a particular kind of fitness -- the degree to which an employee’s values match (or fit with) those of the organization and/or team that he or she is a part of. The greater the level of fitness, the more likely it is that employees will deem their work “meaningful, purposeful, and important.”

The final source of guidance is the October/November 2006 issue of GP/Solo Magazine. In it, you’ll find an array of articles addressing lawyer distress and pathways to wellbeing. Among the subjects covered are: ADHD; addiction; mental illness; lawyer assistance programs; and meditation. It’s always comforting to learn that we aren’t alone in facing personal and professional challenges and that there are people and programs here to help us.”

The active links are available at the source site listed below.
Source: legal sanity, 24 December 2006

Posted by Nancy at 10:21 AM | Comments (0) | TrackBack

"Where and How to Stand During Direct and Cross-Examination"

Posted by Evan Schaeffer: “Assuming the trial judge gives you the freedom to move around the courtroom, does it matter where and how you stand during direct and cross-examination?

During direct examination, many lawyers recommend standing near the far end of the jury box, which forces the witness to look at the jury when answering.

Is cross-examination any different? According to Steven Puiszis, President of the Illinois Association of Defense Trial Counsel, it's best to move around during cross-examination. That's according to Helen Gunnarsson's "Cross-Examination: Beyond the Perry Mason Moment," in this month's Illinois Bar Journal—

Puiszis says that he paces around the courtroom during his cross-examination so that the witness will look at him and not at the jury. Doing so not only emphasized Puiszis's role as star but also further diminishes the witness's opportunity to gain credibility with the jury through eye contact.

What's the "role as star" business? During cross-examination, the cross-examining lawyer should be the main focus of the jury's attention. It's the complete opposite of direct, when the witness plays only a supporting role. During cross-examination, the jury's attention should be squarely on the questioning lawyer, who asks leading questions to which the witness can only answer yes or no.

To read Gunnarrson's entire article about cross-examination, look here (ISBA members only).”

The active links are available at the source site listed below.
Source: The Illinois Trial Practice Weblog, 21 December 2006

Posted by Nancy at 10:15 AM | Comments (0) | TrackBack

"Growth in Outsourced Legal Services to Companies in India Reported"

Posted by Sabrina Pacifici: “Follow-up to a November 12, 2006 article on LLRX.com, Developments in Legal Outsourcing and Offshoring, Moushumi Anand, Medill News Service, posted this article that highlights the growth in contracts for outsourced legal work undertaken by several companies in India.”

The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 25 December 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Nancy at 10:12 AM | Comments (0) | TrackBack

"Is Your Law Firm Blog Exposing You to Liability?"

Posted by Kevin O’Keefe: “The legal liability of blogging is the subject of an article by Lawrence Savell of Chadbourne & Parke. On the positive side, the article provides items to review as your law firm proceeds with blogs. On the downside, the article provides a firm looking for reasons not to enter the world of blogging a laundry list.

By the nature of blogs being new creatures, the article raises more questions than answers.

• What is the significance of the increased immediacy of blogs?
• Are blogs more likely in the defamation context to be construed as protected 'opinion'?
• Are they more likely in the copyright or trademark context to be construed as a permissible 'fair use' of the intellectual property of others?
• Do traditional communications law principles apply and, if so, in what manner?
• Are bloggers journalists, such that both the privileges and the responsibilities of journalists are applicable to them?
• Are their employer ramifications when permitting employees to blog?
• How can disclaimers be used to minimize risks?

Law firms viewed websites too risky back in 1997. Same is happening today. Some law firms have seen the light of blogging. But we have many more to go.”

The active links are available at the source site listed below.
Source: Real Lawyers Have Blogs, 22 December 2006

Posted by Nancy at 10:08 AM | Comments (0) | TrackBack

"Use 'Tag Clouds' to Analyze Documents"

Posted by Robert Ambrogi: “Tag Crowd is a site that lets you create tag clouds for any document. Tag clouds are those clusters of variously sized words you see on many blogs and on Web sites such as Flickr. Usually, they are used to display the labels attached to blog posts or images and their frequency. But Tag Crowd does something different -- it uses tag clouds as tools for document analysis. Two obvious uses for this are:

• Analyze your own writing to reduce repetition of words.
• Analyze someone else's writing to pinpoint key themes.

It is easy to use. Simply paste text or upload a document. Below is a tag cloud I created using the text of the Declaration of Independence.”

The tag cloud and active links are available at the source site listed below.
Source: Robert Ambrogi’s LawSites, 18 December 2006

Posted by Nancy at 10:05 AM | Comments (0) | TrackBack

"PC World - 2006 Year in Security"

Posted by Sabrina Pacifici: “2006: The Year in Security - Online attacks, spam, and sneaky cybercrime top list of year's most common security issues.

The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 26 December 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Nancy at 10:02 AM | Comments (0) | TrackBack

The Top Tech Reviews of the Year

THE YEAR IN SOFTWARE

From the e-newsletter: “We've assembled some of the top software issues that have appeared in the Legal Technology Center over the course of 2006, and we offer them up so you can relive the highs and lows that were 2006.

E-DISCOVERING THE BEST OF 2006

We've assembled some of the top issues in the field of e-discovery that were featured in the Legal Technology Center over the course of the past year. Notably, the new Federal Rules of Civil Procedure have added new requirements for companies and other potential litigants to keep in mind as they generate gigabytes and gigabytes of information every day.

NETWORKING IN A NUTSHELL FOR 2006

Here we've assembled some of the top issues in the networking and storage sphere that ran in the Legal Technology Center over the course of the past year.

THE HARDWARE YEAR-END REVIEW

Revisit the legal technology issues that have, in some way, involved hardware. We covered everything from laptop computers, to handheld devices, to disposing those items in a "green" manner.

LIST OF COMMUNICATIONS HIGHLIGHTS

Wiretaps, Blackberries, blogging and fund transfers - take a stroll down memory lane and revisit 2006's Communications highlights.

Source: FindLaw’s Tools of the Trade. December 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Nancy at 09:58 AM | Comments (0) | TrackBack

December 22, 2006

"Celebrating the Holidays with the Year in Review"

From the website: “It’s about that time of the year where we put as aside the legal briefs, slip out of the courthouse, turn up those holiday tunes and spread some holiday cheer. Today on Coast to Coast, Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi will start the show off by taking a look at the year in review and will discuss their favorite legal topics in this very exciting year. To end the program, Craig will recite a rendition of “Twas the Night Before Christmas” entitled, “Twas the Night Before Christmas-Legally Speaking.” Don’t miss this end of year re-cap!

Click the play button (or choose another way to listen).

>>Play in Windows Media Player
>>Download the MP3

The active links are available at the source site listed below.
Source: The Legal Talk Network, 20 December 2006

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"Work-Life Balance: Or Is It?"

Posted by Ed Poll: "’A day-and-a-half ago,’ as my mother used to say when talking about age, I was president of the California Young Lawyers Association, then about 50,000 lawyers age 36 or younger. I remember my induction dinner. I was proud to have been elected; my work schedule prevented me from being with my family as often as I should have or wanted ... thus, I took my then age 6 and 8 son and daughter with me to the dinner. This was a first for those in my circle of colleagues and friends and set the standard for many young lawyers thereafter.”

Continue reading this post at the source site listed below. It is definitely worth the click!
Source: LawBiz Blog, 20 December 2006

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"Legal Analysis: Case Description"

Posted by Wayne Schiess: “If you're going to use a case--that is, if you're going to compare it to your problem or draw legal points from it--you should describe it first. Don't give only an abstract thumbnail, and don't expect the reader to digest the story of the case while simultaneously digesting how the case applies. Describe the case first.

One expert says that for any case you plan to use, give the issue, disposition, facts, and reasoning. Mary Beth Beazley, A Practical Guide to Appellate Advocacy 81-82 (2d ed., Aspen L. & Bus. 2006). Depending on how you plan to use the case, you can follow this advice and describe the case in one or two sentences or in two or three paragraphs.

I also recommend leading into the case description with a topic sentence that introduces the case, sets it up, or makes clear why it's being described. Generally avoid the easy and routine way of introducing a case: "One trick you might use is this: avoid starting any paragraph with the classic prepositional In phrase with the case citation serving as the object of the preposition." C. Edward Good, Mightier Than the Sword: Powerful Writing for the Legal Profession 181 (Word Store 1989).

For more great tips on legal writing, such as “always apologize in the active voice. --Roy Peter Clark, Writing Tools 25 (Little, Brown 2006).” Visit Wayne’s blog cited below.
Source: Legalwriting.net, 15 December 2006

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"Legal Tech Expert E-Mails His Wish List to Santa"

In the news: “Craig Ball, litigator and computer forensics/EDD special master, knows that all holiday wishes might not come true. But he's been a good boy this year helping lawyers and judges with electronic data discovery and studying hard about electronically stored information, data harvesting, spoliation, de-duplication and search tools. Even a few items granted from this letter to Santa would give the legal technology world a happy 2007, writes Ball.”
Read full text
Source: Law.Com's Daily Legal Newswire. 22 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

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"The Best (and Worst!) of Legal Technology 2006 From FindLaw"

Posted by Sabrina Pacifici: "The world of Legal Technology has...had its share of ups and downs in 2006, with companies spying on their boards, the treasury department spying on money transfers, and the government spying on, well, everyone! With all the spying going on, data security was certainly on everyone's mind in 2006, and several key stories arose out of the inability of companies and government agencies to protect their customer and employee data. The new Federal Rules of Civil Procedure also added to the mix with new requirements for companies and other potential litigants to keep in mind as they generate gigabytes and gigabytes of information every day." [Link]

The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 21 December 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

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"BlawgSearch.com and Blawgs.FM"

BlawgSearch

Posted by Diane Murley: “The folks at Justia have released the first beta version of BlawgSearch.com, a search tool for legal blogs. The database of more than 1,000 editorially selected legal blogs is updated throughout the day with new posts. You can sort your search results by relevance or posting date, and you can subscribe to RSS feeds of your searches.

There is also a blawg directory, with subject and locality categories, and a blawg-rankings system. Thousands more legal blogs, as well as additional features and functionality, will be added.

Blawgs.fm

If you are looking for podcasts and other multimedia files, try Blawgs.fm. Now available in its first alpha version, Blawgs.fm searches all of the posts that are included in BlawgSearch.com, but just returns those posts that have audio or video files attached to them. There is also a directory of legal podcasts and vidcasts, categorized by subject and locality, and ranking of the podcasts.

See the Justia Legal Marketing Blog for more information, including forms for suggesting a legal blog, podcast, or vidcast.”

The active links are available at the source site listed below.
Source: Law Dawg Blawg, 14 December 2006

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"Consumer Reports Launches Online Electronics Reuse and Recycling Center"

[As we bring new electronics in this season, let's give some thought to taking some out!]

Posted by Sabrina Pacifici: “Press release: "Consumer Reports' environmental website has launched an online Electronics Reuse and Recycling Center. The Center features thoroughly researched, unbiased, expert advice to help de-clutter your home and solve the huge and growing problem of electronics waste. It also features the results of a March 2006 nationwide, online survey including information about why people replace their electronics and what they did with their old equipment."
• Related postings on e-waste

The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 21 December 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Nancy at 09:19 AM | Comments (0) | TrackBack

Two Seasonal Topics for Your Website

CPSC Warns of Fire, Other Hazards Related to Holiday Decorating

From the e-newsletter: “Holiday decorating is often depicted in movies by characters who hang countless strings of lights and suffer falls from ladders or rooftops for comic effect. Unfortunately, these types of incidents are grounded in reality and, unlike in the movies, they are often no laughing matter. In fact, each year it is estimated that about 12,500 people go to hospital emergency rooms for falls, cuts, shocks and burns related to holiday decorating, according to U.S. Consumer Product Safety Commission (CPSC) statistics.

Read the CPSC Press Release

More information on Accidents & Injuries
Source: FindLaw’s Public Advisor. 21 December 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.


Recent Tax Changes May Affect Charitable Donations

From the e-newsletter: “The Internal Revenue Service (IRS) announced that individuals and businesses making contributions to charity should keep in mind several important tax law changes made last summer under the Pension Protection Act. The new law offers older owners of individual retirement accounts a new way to give to charity. It also includes rules designed to provide both taxpayers and the government greater certainty in determining what may be deducted as a charitable contribution. An IRS press release outlines these changes and offers tips for year-end donations.

Read the IRS Press Release

FindLaw for the Public's Tax Center
Source: FindLaw’s Public Advisor. 21 December 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

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December 21, 2006

"Ohio Smoking Ban Rules"

Posted by Chuck Kallendorf: “The Ohio Health Department posted a set of proposed rules yesterday, which will be used to implement the State’s new public smoking ban. Public comment is being invited until January 10, 2007, after which a public hearing is going be held.

More Information

ORC § 3794.01 et seq
Proposed Rules

The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 21 December 2006

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"Sales Taxes on Legal Fees"

Posted by Tom Collins: “States are constantly on the hunt for more sources of tax revenues. With our increasing service economy, their lustful eyes often fall on services fees.

Hawaii has just made the move to subject legal fees to sales taxes and you can bet they will not be the last. Of course, they couldn’t make it simple, so the tax varies from island to island.

I picked up the new Hawaii sales tax law when one of the Juris client service team members sent out an e-mail about Jay Fidell, partner in the Hawaii firm Bendet, Fidell, Sakai & Lee. The law firm is a long-time Juris client. Mr. Fidell had been interviewed by TV station KITV in Hawaii about the impact of the new tax laws. Juris got a nice plug from the partner, who remarked, “This tax increase will cost businesses thousands of dollars to reprogram their accounting software; our firm was fortunate—we use an accounting package by Juris.” Juris® already handles sales taxes, including multiple jurisdictions.

The moral of the story is that it is just a matter of time before sales taxes come to all U.S. law firms. So when and if you start considering a change in your business systems, be sure that sales tax capabilities are on your list of requirements.”

Read more of Tom’s work at the source site listed below, by clicking on “Main Page”
Source: morepartnerincome.com, 21 December 2006

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"Adobe’s Document Center Offers Hosted Security Solutions for Legal Professionals"

From the e-newsletter: “Adobe has made a point of reaching out to legal professionals and other knowledge workers with its recent release of Acrobat 8. Now the company is offering a new, hosted document service that also aims to provide useful features for professionals who need to control access to important electronic documents.”

http://technology.findlaw.com/articles/00006/010528.html

Source: FindLaw’s Practice Paper. 20 December 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>

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"How to Untangle 'Strings' of E-Discovery"

In the news: “The amended Federal Rules of Civil Procedure require parties in civil litigation to confer on electronic discovery as soon as possible. In particular, parties need to address the assertion of privilege claims involving "strings" of possibly thousands of privileged and nonprivileged e-mails. Sutherland Asbill & Brennan's Jennifer Moore and Gregory Kaufman examine this potentially key form of evidence and explain how focusing on this issue early on can reduce discovery costs and the risk of sanctions.”
Read full text
Source: Law.Com's Daily Legal Newswire. 21 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

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"Google Patent Search"

Posted by Jim Calloway: “Several months ago a group of nationally-known speakers on a 60 Tips in 60 Minutes panel were joking that we could probably do a presentation titled 60 Google Tips for Lawyers. With the speed at which Google has rolled out new services this past year, that is scarcely a joke any more. The current new offering is Google Patent Search - now in beta.”

The active link in available at the source site listed below.
Source: Jim Calloway’s Law Practice Tips Blog, 19 December 2006

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"New from NLM: Bioethics Information Resources"

From the blog: “Bioethics Information Resources

Direct links to databases and other NLM tools along with links to ‘additional resources’ from several organizations.

[Their] Source: National Library of Medicine”
The active link in available at the source site listed below.
Source: ResourceShelf, 21 December 2006

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"Five IT Blind Spots That Shut Lawyers Out"

In the news: “Unfortunately for attorneys, computer software is mostly designed or implemented by computer people for computer people and not for legal professionals. What exacerbates the problem? IT's steadfast adherence to flawed beliefs that Tom Ranalli, technology services manager at Kirkland & Ellis' L.A. office, calls "The Five Grand Assumptions." Ranalli explains how IT departments can get their heads out of the sand, dig away at preconceptions and build better relationships inside law firms.”
Read full text
Source: Law.Com's Daily Legal Newswire. 20 December 2006. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Nancy at 09:41 AM | Comments (0) | TrackBack

Two Items for Your Clients

“Software for Snooping Parents”

From the e-newsletter: “Anti-spyware company Webroot Software moved into the child care market today with a new product designed to turn parents into online police. Child Safe, the company's new program, gives parents National Security Agency-like power over their children's computers, a feature the company says parents need because their children are handing over personal information to popular sites like Google's YouTube and News Corp.'s MySpace.

http://rd.findlaw.com/scripts/nl.pl?url=11666016000_nl

Are You Protecting Your Privacy?
Source: FindLaw’s Practice Paper. 20 December 2006. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>


“Get a Passport Now”

Brief information about new passport requirements for 2007 for travelers to and from the U.S. "All travelers will be required to have passports -- including U.S. citizens returning to the U.S. by air from throughout the Western Hemisphere -- on January 23, 2007." Also includes material about sea and land travel, and links to official passport sites for U.S., Canadian, and Mexican citizens. From the Travel Industry Association and Travel Business Roundtable.
URL: http://getapassportnow.com
LII Item: http://lii.org/cs/lii/view/item/23050
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 1 December 2006. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.

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December 20, 2006

"Topical Blogs Offer Last Minute Shopping Ideas"

Posted by Sabrina Pacifici: “WSJ free feature: Blogs for Shoppers, From Fashion to Food, Sites, Track Deals and Offer Ideas For Stumped Gift Givers

• See also Kathy Biehl's After Hours columns on LLRX.com, which include her 2006 Holiday Gift Guide

The active links are available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 19 December 2006. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Nancy at 09:57 AM | Comments (0) | TrackBack

"New: The Christmas Carols Database Free from AskSam"

From the blog: “Christmas Carols Database
Search the lyrics of more than 120 Christmas Carols.

Find the words to more than 120 different Christmas Carols. Search by title or any word within the text of a Christmas songs. Find Christmas music with similar lyrics.
[Their]Source: askSam

See also: Searchable version of A Christmas Carol (Charles Dickens)"

The active links are available at the source site listed below.
Source: ResourceShelf, 20 December 2006

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"The Strongest Links Looks Back"

Posted by Tom Mighell: “The theme of this month's edition of Law Practice Today is "2006 Year in Review," and you'll find a great selection of law practice management articles there, on topics such as billing, optimizing practice leader performance, developing a marketing budget, the top ten causes of malpractice, and more. Dennis Kennedy and I decided to take a look back at our Strongest Links columns from the past year and create a "Best of" column with the strongest strongest links we found all year -- so if you missed a previous column, now you have a chance to make up for it. Check out The Strongest Links -- A Look Back at 2006. “

The active links are available at the source site listed below.
Source: Inter Alia, 15 December 2006

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"Listen to Your Legal News"

Posted by Tom Mighell: “California Western's School of Law is broadcasting -- via podcast. Law in 10 is a weekly podcast bringing you "an expert analysis of the latest legal news, all in 10 minutes."

Thanks to the Law Librarian Blog for the tip.

The active links are available at the source site listed below.
Source: Inter Alia, 18 December 2006

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"New on LLRX.com for December 17, 2006"

From the e-newsletter:

**Bloggers Beware: Debunking Nine Copyr