Posted by Carolyn Elefant: “Ardsley, New York January 29, 2007-Having trouble figuring out what music to play in the background as you bang out that brief? Looking for some songs to psych you up on the way to court? The Billable Hour Company has the answer to these interrogatories: they've opened a music store featuring CDs by and for members of the legal profession.
The Bar & Grill Singers are a group of practicing attorneys in Austin, Texas. On their three CDs-A Time to Grill, Grilling Me Softly and Licensed to Grill-they blend layered vocal harmonies with topics ranging from lifetime judicial appointments ("Appointed Forever") to somnambulant factfinders ("The Jury Sleeps Upright").
West Virginia lawyer Bob Noone-along with with his group, The Well Hung Jury-covers a lot of ground on his two featured albums, Wingtips Optional and Second Helping of Chicken Suit for the Lawyer's Soul, tackling everything from legal education ("Fifty Ways to Get Through Law School") to lawyer advertising ("Bring Your Case Here to Me") and more.
Both groups perform in a wide range of musical styles, from swing (Noone's "Lawsuit Riot") to 80's pop (Bar & Grill's "I'm Billing Time"), R&B (Noone's "My Will") to do-wop (Bar & Grill's "Mr. Foreman").
"We chose these groups to inagurate our musical offerings because their songs are simply hilarious," said Lisa Solomon, partner in The Billable Hour Company. Mark Solomon-a lawyer and actively performing musician himself-also noted the albums' tight arrangements and high production values. The CDs are available for $14.95 each at the company's website, www.TheBillableHour.com.
About The Billable Hour Company
The Billable Hour Company sells humorous gifts and greeting cards especially for lawyers, law students and legal professionals. Gift items include timepieces featuring dials marked in six-minute increments-the same way many lawyers bill their time. For additional information, contact Lisa Solomon or visit the company's website at www.TheBillableHour.com.
Click here to hear a music sample:
Lawsuit Riot (sample) by Bob Noone & the Well Hung Jury
For active links and the sample song, visit the source site listed below.
Source: My Shingle, 29 January 2007
Posted by Sabrina Pacifici: “PBS: "It's known as the court of last resort -- the Supreme Court -- where nine judges appointed for life make monumental decisions that govern our everyday lives, from the contents of the nation's daily newspapers to what we can do in the privacy of our own homes. With immense power and considerable mystery, the court of final appeal has helped author the history of America." Transcript and Video links currently available, via this link for the following episodes:
• Episode 1, January 31, 2007: "One Nation Under Law examines the creation of the Court and follows it through the brink of the Civil War, paying particular attention to the fourth chief justice of the Supreme Court -- John Marshall -- and to his successor, Roger Taney."
• Episode 2, January 31, 2007: "A New Kind of Justice explores the issues before the Court during the period after the Civil War -- a time of unprecedented economic growth, when industrialists like Carnegie and Rockefeller were earning millions."
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 30 January 2007. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Posted by Chuck Kallendorf: “Ohio is one of the 38 states in this country with the death penalty on its books, along with Kentucky, Indiana, and Pennsylvania. Among those 38, Illinois is in the seventh year of a death penalty moratorium, ordered by then-Gov. George Ryan; the State of New York is under a court-ordered moratorium since its high court declared its death penalty unconstitutional in 2004; and eight other states, Ohio included, have stayed further executions temporarily.
Newly-elected Ohio Governor Ted Strickland indicated cautionary feelings soon after taking office Jan. 8st., saying that he had “some concerns” about the death penalty’s effect on both “society as a whole” and “those actually charged with carrying out the execution.” His staying the executions of Kenneth Bios, James Filiaggi, and Christopher Newton reflects those concerns, although Ohio isn’t necessarily moving toward a moratorium of its own according to the Enquirer this past weekend. That isn’t to say, though, that the area isn’t something to be being watched in the growing national death penalty debate.
Last summer Ohio made modifications to the manner in which it administered lethal injections after the problematic execution of Joseph Clark in May. (Article)
A case filed in Ohio Southern District Court in behalf of Richard Cooey in December 2004, joined over the past two years by eight additional inmates, “challenges Ohio’s protocol for executing capital thru lethal injection.” Kenneth Bios, one of the inmates whose execution was stayed by Gov. Strickland, is one of the now intervening parties to that action. The case is still pending. (See Here)
Meanwhile, in Kentucky’s Eastern Division District Court last week, three inmates filed a suit claiming lethal injection violates federal law because doctors don’t administer the drugs and that under the Controlled Substance and federal Food, Drug & Cosmetic Acts only doctors can buy or prescribe sodium thiopental, one of those used in executions. They also state that sodium thiopental is a “schedule III,” controlled substance not approved by the Federal Food & Drug Administration. Their appeal to the Kentucky Supreme Court last year was lost. (Note: case loads slow).”
The active links are available at the source site listed below.
Source: Cincinnati Law Library Blog, 30 January 2007
Posted by Ed Poll: "To be or not to be, that is the question."
The Dewey firm's managing partner logged 3,300 hours last year, or 12.6 hours per week day. And Orrick's managing partner has not practiced law since 1992; he's been managing the law firm. Was the difference in management culture the reason the announced merger between these firms failed in the end?
Probably not, but it certainly highlights the differences in approach amongst large firms ... and the trend toward more professional and full time management is clear. It's becoming ever more difficult to both manage a large law firm enterprise and practice law on a full-time basis. See today's Wall Street Journal for an interesting article by Nathan Koppel (January 22 @ page B3) on "professional law firm management" in today's large law firms.
As I've noted in previous comments, Lee Iacocca stopped designing cars when he moved into top management of Ford and then Chrysler. The top coach (see the current Super Bowl contenders) can't be that and both offensive and defensive coordinators. It's not possible to handle top level skills all at the same time. Business (and law is a business), just like football teams, has many "players" and is too complex to have one person do all the functions needed to operate effectively.
LEADING BY PRACTICING
Should top law-firm managers have active law practices?
Pros:
Lawyers respect great lawyers
Client contact keeps you current with business needs
Sends message that law is a profession
Cons:
Lack of focus on strategic planning
Lack of time for communicating with colleagues
Lack of time to recruit”
The active link is available at the source site listed below.
Source: LawBiz Blog, 22 January 2007
Posted by Kevin O’Keefe: “In addition to traditional PR, law firms need to use RSS to get their information to their target audience, media included.
Sally Farkow, an Internet marketing and PR expert, shared the following points on why RSS is required for effective PR.
• More than 20% of permission-based commercial email gets blocked or filtered before it reaches the inbox (source: iMediaConnection). RSS on the other hand, gives you 100% guaranteed delivery.
• With RSS there is no possibility of spam. Your target audience only gets the content they subscribe to and they can organise it, file it and read when you are ready to do so.
• With the overwhelming amount of new content available online today, a system like RSS makes it possible for your target audience to stay abreast of the news, information and research they need.
• RSS adoption has moved way beyond a 'techie' application. Millions of ordinary people are using RSS feeds to gather and read their news and information online. News feeds or web feeds are becoming part of our everyday online reading experience.
• Forrester Research: 'Even if it is something as simple as putting your press releases in an RSS feed, marketers will benefit from early exposure to distributing information via RSS feeds.'
I monitor a lot of RSS feeds for legally related keywords and key phrases. It's shocking how little I receive from large law firms with very significant PR budgets.
Expect to see big changes as law firms play catch up to other industries.”
The active links are available at the source site listed below.
Source: Real Lawyers Have Blogs, 28 January 2007
Posted by Diane Murley:
• “Publication of Federal Statutes
• Steps in Using a Statutory Code
• Using the Table of Contents for Statutes on Westlaw
• Using the Table of Contents for Statutes on LexisNexis
• Searching Just the Text of Statutes
• Printing Just the Statute
You can find Research Guides, Research Tips, and more resources through the SIU Law Library website.”
The active links are available at the source site listed below.
Source: Law Dawg Blawg, 27 January 2007
Posted by Cindy Chick: “I've played around with wikis a bit for both personal and professional reasons. I like the concept, but I really don't care for the special wiki markup. Sure, it's fairly easy, but if I haven't visited my wiki for a while, I forget...how do I create a bulleted list? Where's bold? So I've wondered whether there were any wikis that offered WYSIWYG editing. All I ask for is a bold button, maybe a little link for creating URLs.
I no longer need to wonder. WikiMatrix tells all about 78 different wiki programs. If you need help choosing, there's even a Choice Wizard. Guess what? There's at least 33 different wiki programs with WYSIWYG editing. Life is good.”
The active link is available at the source site listed below.
Source: LawLibTech, 30 January 2007
Posted by Jeff Beard : “Everyone loves free Wi-Fi while traveling, right? Check out this Computerworld article on fake Wi-Fi hotspots at major airports that really put you and your company at serious risk.
Fake Wi-Fi hotspots and "man in the middle" attacks are nothing new. The key is that they are actually peer-to-peer or "ad hoc" wireless network connections -- meaning that your laptop connects directly to someone else's PC, not a wireless access point. That's a major security no-no, as they can sniff your logins, passwords, and other confidential data you send through. They can also deposit some nasty items on your PC behind the scenes. Guess what happens when you connect to your company's or firm's network when you get back to the office?
What's nice about this article is that it also tells you how to set your wireless networking settings in both Windows XP and Vista to prevent your PC from making any ad hoc wireless connections. Note this won't stop your laptop from finding and connecting to a bogus wireless access point set up nearby for nefarious purposes. It's just one more layer of security, and every little bit helps.”
The active link is available at the source site listed below.
Source: LawTech Guru Blog by Jeff Beard, 29 Januray 2007
Posted by Ron Miller: “Why take a deposition? To find out what the witness is going to say? Sure. But it is just as important to find out what the witness is not going to say, particularly with a witness that is likely to be adverse. Accordingly, in an auto accident case, you need to establish what the eyewitness saw and heard, what they did not see or hear, and what they think they saw or heard but do not have the factual predicate to draw the conclusions they have drawn.
In auto accident cases, the deposition tactics often revolve around the issue of speed. In Maryland, Virginia, the District of Columbia, Alabama, and North Carolina, where the draconian contributory negligence laws remain on the books (we are fighting in the legislature this year for comparative negligence in Maryland), speed is always the last resort of defense attorneys who (1) have nothing to argue, or (2) want to argue everything.
If you have an adverse witness on the issue of speed, you obviously have to ask how fast the witness thinks your client was driving and find out what foundation they have for their estimation of speed. Make sure you conduct complete speed and distance questioning as well. By complete, I mean full questioning as to how long the witness observed the vehicles traveling, how long it took, and what was the distance covered. Ask the question in miles, yards, feet, car lengths, etc. It is rare that anyone other than a well trained police officer can answer consistently time and distance calculations in the first place, much less when they are required to make the same distance measurements using different standards. If an adverse fact witness offers conflicting testimony as to the speed, it may negate the impact of his/her testimony or give the personal injury attorney grounds to exclude the witness' testimony at trial.
To see sample depositions in auto accident and truck accident cases, click here."
The active links are available at the source site listed below.
Source: Trial Lawyer Resource Center, 29 January 2007
Posted by Genie Tyburski: “ Companies such as New Media Strategies spend their days monitoring blogs, podcasts, television, movies, video games, social networks and other new media for mention of their clients' brands. Unfortunately, there is no mention of the tools used to assist in the hunt.
Some of the special search engines or services available for this kind of research include MarkMonitor, TrackEngine, Website-Watcher, Technorati, IceRocket, Feedster and ShadowTV.”
The active link is available at the source site listed below.
Source: TVC Alert Research News, 30 January 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=jan07/30jan07.xml
Posted by Grant Griffiths: “Like many, I use RSS feeds to get information to blog about. In addition to that, there are other uses that lawyers can use RSS feed for. Google Docs & Spreadsheets features RSS so you can be notified if someone updates a document you are working on with others.
I also use Basecamp in my own practice. Basecamp provides RSS feeds. However to protect your security, your RSS reader must support authentication or be password protected. Newsgator products provide both.
The future of RSS looks wonderful. But, how long will we have to wait before higher courts will provide case updates via RSS? How long before state legislatures will use RSS to update the public on updates in Bills that are in those houses? I hope it is soon.”
The active links are available at the source site listed below.
Source: Home Office Lawyer, 27 January 2007
Posted by John Jantsch: “The New York Times carried an article today with the headline - Gap Is in Need of a Niche.
If one of the largest retailers in the world is facing its demise from a failure to differentiate what chance do you think your small business stands doing the same.
Attempting, intentionally or accidentally, to appeal to all is a sure way to kill sales and buzz.
Find a way to narrow your market focus to the smallest niche possible and you will no longer need to worry about competing on price.
Find a market that is not being served well, cut your little piece of it and create an experience like no one ever thought of creating.”
Be sure to read the comments found at the end of the source site listed below.
Source: Duct Tape Marketing, 27 January 2007
Posted by Dennis Kennedy: “There's a lot of interest these days in Macs. While it might be tempting for some to rely on the Mac vs. PC commercials for information, I recommend that you get a solid understanding of the basic issues before jumping from the PC to the Mac world, especially in a business setting.
As I've mentioned, I've been using a MacBook Pro as part of a program Apple is doing in connection with the legal profession. It's been a great experience and a return to the Mac for me. I used a Mac SE in the late '80s and early '90s.
Our Apple contact has been great and is very receptive to the feedback we give him.
In part in response to some of our questions and suggestions, Apple has produced two great online video seminars that do an excellent job of highlighting some of the most important transition elements when moving from PC to Mac. They also have some great tips for experienced users.
In about 27 minutes of video, you'll save a great amount of time and trouble, especially with the Connecting to Windows video that highlights ways to network Macs and PCs and print from Macs to PC printers and PCs to Mac printers. The "New to the Mac" video has some of the best tips for new users all in one handy place. You'll get off to a great start if you watch this video. If you are just thinking about a Mac, you'll get a clear, realistic picture of the similarities and differences, and be able to make a solid decision. My sense is that if you are leaning toward a Mac, you will be leaning even further toward the Mac after watching these videos.
Highly recommended.
The active links are available at the source site listed below.
Source: DennisKennedy.com, 24 January 2007
Posted by Jim Calloway: “OK, I'm back. I survived the holidays and the Great Ice Storm of 2007. We never lost power but our hearts go out to our friends in places like Muskogee and McAlester, who have been without power for days and have more days ahead.
A brief bit of background about this great tip is required here. I've posted before about the benefits of using TinyURL to shorten links for pasting into e-mails. in our state, OSCN provides docket sheets for pending cases in many of our counties. Here's an e-mail from Noble, Oklahoma attorney Cheryl Clayton who learned about TinyUrl at one of my "30 Tips" programs.
"After learning about tinyurl from you, I put it to use. To keep an eye on the court dockets in my cases, I wanted a quick link that would instantly pull up the case without having to click my way through OSCN. In TimeMatters, I used or created a web field. I then went to OSCN, found my case, and used tinyurl to create a short link that would fit within the size of the Timematters field. Now I can check my case within seconds with one simple click. I did the same for Cindee Pichot in the program she uses - Time and Chaos. I don't use Amicus but I am sure the same thing can be used done in it. For lawyers, a nifty and practical application of tinyurl."
The active links are available at the source site listed below.
Source: Jim Calloway’s Law Practice Tips Blog, 17 January 2007
Posted by Tom Mighell: “In my seminars on e-mail management, I usually recommend that everyone have three (yes, three) e-mail addresses: the permanent e-mail address (the one that's on your business card -- the one you give to your friends, clients, family, etc.), the backup e-mail address (in case your primary e-mail goes down), and your disposable e-mail address -- an address you can use on the Internet that, when the spam starts to roll in, you can shut it down without losing valuable mail.
Although having a Hotmail or Yahoo! e-mail address are perfectly fine for your disposable e-mail address, here's an even less permanent option: 10 Minute Mail provides you with an e-mail address that will last for only ten minutes -- after that, it's gone -- poof! With 10 Minute Mail, you don't have yet another e-mail address to remember -- what a great idea.”
The active link is available at the source site listed below.
Source: Inter Alia, 23 January 2007
From the blog: “Are you living on the edge? Of course, the answer depends upon the context. How about the area of protection (surge protection, that is!)? Most people have surge protectors at home and at the office for their computers and other valuable electronics. That's a given, so the answer to my question is yes. What about when you travel? How many people take bulky surge protectors to use at satellite offices, hotel rooms, airports? The answer is very few. I am in that boat as well (crazy, I know).
Targus makes a mini mobile surge protectors. If you travel with your computer and other electronics, you need this kind of protection. I am going to get a few of these myself. They are $19.99 at TigerDirect.
Here is what they look like:
View the picture and get access to active links at the source site listed below.
Source: The TabletLawyer LLC, 21 January 2007
Posted by Mary Ellen Bates: “Autism has always interested me; I find it fascinating to see how differently a brain can function. Temple Grandin, one of the better-known autistics, and one who communicates well and has raised awareness of autism, is a great spokesperson. But reading her work doesn't give you any awareness of the world of autistic people who are labeled low-functioning, and those who cannot speak. BoingBoing pointed me to this amazing YouTube video by a woman with autism, along with a translation of her language. As she said:
The first part is in my "native language," and then the second part provides a translation, or at least an explanation [beginning. This is not a look-at-the-autie gawking freakshow as much as it is a statement about what gets considered thought, intelligence, personhood, language, and communication, and what does not.
It's incredibly thought-provoking; she challenges viewers to consider that she is communicating in a fuller way with her entire environment, and comments that it's odd that it is she who is considered non-communicative simply because we have not bothered to learn her language. And, as it turns out, she is very articulate in "our" language as well.
From her web site:
[Autistic people] do have ways of communicating with things around us that are mutually comprehensible for many of us (not all of us, and not all the same things are comprehensible, there seem to be groupings in that regard). Our interests and our reactions are not random, purposeless, or useless, and are certainly not ugly things to be hidden away or trained out of.
Bottom line: watch the video, then go to her blog and read it. She is perhaps the most self-aware person I've encountered, incredibly articulate, and able to bring non-autistic readers into a world that is so drastically different from our own. I am, in fact, beyond words right now...
One way she described her situation was “The lights are on. Yes, I’m home. You’re just not looking in the right windows. Keep trying.”
Just go watch the video and then read her blog.”
The active links are available at the source site listed below.
Source: Librarian of Fortune, 26 January 2007
From the e-newsletter: “What's a lawyer to do when the floodgates to public records -- treasure troves of personal data -- narrow or close? Carole Levitt and Mark Rosch of Internet for Lawyers demonstrate that the volume of facts you can dig up online is limited only by the time, energy and ingenuity you devote to surfing.”
Read full text
Source: Law Librarian Update. 27 January 2007. Copyright © 2006 ALM Properties, Inc. All rights reserved. Subscribe <librarianupdate@app.topica.com>.
Transnational and Comparative Family Law: Harmonization and Implementation
From the blog: “‘Transnational’ (or ‘transactional’) law is becoming a frequent phenomenon in the practice of law and now occupies a prominent place in the study of international and comparative law. Both academic and practitioner-oriented information sources point to ways to locate and connect national laws with treaties and regimes of harmonization; however, commercial and procedural rules have been, in general, easier to locate than substantive and harmonized law in the family law area. This guide points researchers to significant electronic and print sources in transnational and comparative family law.”
[Their] Source: GlobaLex
The active link is available at the source site listed below.
Source: ResourceShelf, 28 January 2007
Posted by Sabrina Pacifici: “From Marcus P. Zillman's guide (44 pages, PDF) higlights both free and fee based resources for prediction markets and sources available on the Internet."
The active link is available at the source site listed below.
Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 28 January 2007. Copyright ©2002-2006 BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.
Max Grinnell writes: “People interested in urban affairs have a number of fine ways to find out about the latest developments in the field, and one of them is right here at this website. Hosted by Carol Coletta, Smart City is a public radio talk show that brings on experts to discuss topics such as affordable housing initiatives and economic development strategies. The program started in 2001, and visitors to the site can listen to programs from 2004 to the present day. Visitors can also sign up to receive their newsletter and their podcasts. Additionally, visitors can also take a look at a list of links related to recent presentations on the show.”
Visit the website
Source: The Scout Report. Volume 13, Number 3. 26 January 2007. Copyright © 2006 Internet Scout Project. Subscribe <http://scout.wisc.edu/About/subscribe.php>.
Posted by Sue Altmeyer: “On Jan. 25, 2007, the Ohio Department of Health filed its proposed smoking ban regulations with the Secretary of State and the Legislative Service Commission, beginning the formal process for adopting regulations. There will be a 65 day public comment period on the rules. A public hearing will be held on Feb. 27 in Columbus, Ohio, where individuals can testify and provide comments about the regulations. More information on the hearing, including preregistration information is available in the following ODH press release: ODH Begins Formal Rule-Making Process for Indoor Smoking Ban, Jan. 25, 2007.
The proposed regulations can be accessed at the Department of Health's Website, or through the Register of Ohio, Rules for Deparment of Health. To access via the register, keep hitting "next" at the bottom of the screen, until you get to Rule No. 3701-52-01 thru -09, filed 1-25-07.
The Department of Health hopes to begin enforcing the ban in April. See Smokers to Get 1 Warning, then Fines Start for Violating Indoor Smoking Ban by John Seewer, The Plain Dealer, Jan. 26, 2007.”
The active links are available at the source site listed below.
Source: Cleveland Law Library Weblog, 26 January 2007
Posted by Ron Friedmann: “Many articles lately cover the new e-discovery rules but don’t answer some nitty-gritty issues.
For example, enterprise databases (e.g., SAP or Oracle) are decades old yet preserving or harvesting data from them can still be a struggle. Separately, I previously wrote about the potential EDD challenges of dealing with software as a service.
Now consider the rise of Web 2.0 tools that enable intra- and inter-enterprise collaboration via the web. Culture of Sharing Is Possible in eWeek (12/18/06) concludes that that “in 2007, more applications will allow simultaneous editing of content with good mechanisms for apprising participants of changes to that content.”
So, what happens when work moves from traditional applications (e.g., MS Word) to web-based systems (e.g., Google DOCs)? How often are data on third-party servers backed up? How long are those back-ups kept? These are the easy questions.
Preserving and harvesting issues grow potentially more complex with truly dynamic systems where multiple users simultaneously edit text or data. How often do such systems take snapshots? How many individual users take snapshots and then how do these compare to what others may save or what’s saved centrally? What happens when the system sends e-mail to alert users of updates, especially if the message contains content that is subsequently altered? Who “owns” or “controls” the data on these systems, especially if two separate companies have agreed to use the same third party tool? What if you need to discover data from a dynamic system such as Second Life?
Whoever addresses these questions on first impression may have a tough job. Likewise the corporate managers who have to establish and enforce record keeping policies concerning these systems. Legal Tech NYC next week is a good place to seek answers."
The active links are available at the source site listed below.
Source: Strategic Legal Technology, 25 January 2007
In the news: “Craig Ball, EDD special master, observes that misplaced confidence in the power of keyword searches can unnecessarily burden the electronic data discovery process. He explains how the difference between a fruitful search and a failure hinges on thoughtful preparation and precaution.”
Read full text
Source: Law.Com's Daily Legal Newswire. 29 January 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
In the news: “Battle lines are being drawn for a new phase of the Iraq war. Plaintiffs lawyers are leading the offensive, and they view employers as the enemy. In a test of a the Uniformed Services Employment and Reemployment Rights Act, Air Force Lt. Col. Debra Muhl this week filed a discrimination complaint in the Northern District of California against Sutter Health. Some lawyers and veterans say the suit highlights the challenges defense lawyers face when a worker goes to war and again when she returns home.”
Read full text
Source: Law.Com's Daily Legal Newswire. 26 January 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted by Allison Shields: “At a recent local bar association committee meeting, one committee member commented that, as women lawyers, we should be doing more to mentor other women within the profession.
Many women talk about 'glass ceiling' issues. They lament that, although women have made great strides in the profession and that more and more women are entering law school and the profession each year, women are still not 'equal' to men in this profession. There are fewer female judges, law firm managing partners or lawyers in positions of power elsewhere in the profession. Many women argue that, on average, men still make more money than women.
In short, there seems to be a lot of talk about women's position in the profession. But what are the successful and experienced women in the profession doing about it? There are women's bar associations, women in the law initiatives and committees, but how many women are actively participating? How many women lawyers are leading by example? And how many women are actively nurturing, mentoring or teaching young female attorneys? Have we done enough to further the cause of women in the profession?”
Continue reading this insightful post at the source site listed below.
Source: Leal Ease Blog, 25 January 2007
Posted by Evan Schaeffer: “With my three-part series on advanced deposition techniques, I seem to have stumbled on a good podcasting idea: write and produce shows meant mostly to educate, not entertain. I say that because a lot more people have listened to the deposition podcasts than I expected, which perhaps is an illustration of the power of narrow-casting, that is, putting out content for a very limited, although potentially large, audience, then waiting for the audience to find you.
It seems to have worked in this case. Just looking at Part I of the series, I've had more 500 listeners in addition to the nearly 300 regular podcast subscribers. For a podcast about something as dry as depositions, it seems like a lot of listeners. Although I've had some good numbers for some of my "humorous" podcasts, it didn't happen nearly as quickly.
It means that I'll probably continue with the informative, legal-education-related format. I don't know where I'll head next, but in addition to depositions, I feel confident that I could put together shows on a variety of law-related topics, for example, writing briefs, arguing to a court, working up and trying cases, litigating class actions, organizing a mass torts practice, using weblogs to promote a legal practice, etc.
What's the advantage to me? To put it simply, I get to mention my law firm and my deposition book and otherwise promote my practice. I know that sort of thing gets annoying, but so far, I don't think my promotional efforts have been over the top. (You did know this weblog was all about self-promotion? I think it just might be.)
If you have any ideas or feedback about the podcast, email me or leave a comment. Thanks in advance!
Related posts:
1. The Legal Underground Underground Podcast Episode #49: Advanced Deposition Techniques, Part 1--Five Tips for Asserting Control at Depositions;
2. The Legal Underground Underground Podcast Episode #50: Advanced Deposition Techniques, Part 2--Four Ways to Use Psychology at Your Next Deposition;
3. The Legal Underground Underground Podcast Episode #51: Advanced Deposition Techniques, Part 3--Miscellaneous Tips for Expert Depositions.
4. List of all my past podcasting episodes;
5. Podcasting show notes.”
The active links are available at the source site listed below.
Source: Evan Schaeffer’s Legal Underground, 24 January 2007
Posted by StephanieWestAllen: “The weekend is almost upon us. For relaxation, you might want to read the new edition of The Complete Lawyer. If you don't have time to read the whole edition, be sure to take a look at Bob Burg's article "'Selling': The Most Misunderstood Word in Marketing." (Burg recently wrote a guest post at idealawg.) And while you are there, glean some nuggets from Steven Van Yoder's "Use Thought Leadership Marketing To Build Visibility And Credibility." Take a peek at "How Core Values and Family of Origin Impact Your Career," the latest in a series by Anne Whitaker. And before you leave the site, peruse Jill Breslaus' "Is There a Place for Emotion in the Law?" Regardless of how you choose to spend it, I wish you a grand weekend.”
The active links are available at the source site listed below.
Source: idealawg, 19 January 2007
Tara Calishain writes: “Looking for business podcasts? Check out iBizRadio at http://www.iBizRadio.com, a directory of business-oriented podcasts.
The site is a searchable subject index with categories ranging from accounting to travel and hospitality. Not all categories have listings -- actually this directory looks a bit sparsely populated. Category pages have listings with brief descriptions and "last updated" notes so you can see when the podcast has updated. (Unfortunately not all podcasts include date information so not all podcasts have "last updated" flags.)
Each podcast has its own page with a list of recent episode that you can download directly. There's also an Flash-based player on the page for each episode so you can listen if you'd rather not download.
I'm really surprised there's not more here, but it's a nice idea.”
Source: ResearchBuzz #396. 25 January 2007. Copyright 2006 Tara Calishain. All rights
reserved. Reproduced with permission of ResearchBuzz (http:// www.researchbuzz.com). Subscribe. <http://www.researchbuzz.com/>.
From the site: “Although Beyond the Bottom Line isn't focused specifically on law firms, its analysis nevertheless illuminates much of the malaise in the legal industry. From the book’s inside flap:
Why, at a time of unprecedented national prosperity, do so many Americans feel that their live are less than they could be? Any why do so many Americans—working harder and longer and with less security than ever before—question the price of success demanded by today’s hot-wired economy?
Can you work and still have a life?
The answer, Paula Rayman says, is yes. In this timely book, she offers a powerful blueprint for transforming the world of work—and for dealing with the disconnect between work, family, and community that’s the downside of our relentlessly competitive culture.
Speaking to everyone who feels both overworked and underemployed, Rayman reminds us of the reality behind the facade of the global economy—from deepening wage gaps to 60-hour work weeks, from chronic job insecurity to inadequate health care. People at the margins still don’t share in America’s enormous wealth. Middle-class workers live frantic lives, running faster and faster just to keep in place. At the same time, increasing numbers of men and women feel that caring for a family is more important than money, power, or prestige.
In this much-needed wake-up call to corporate America, Rayman shows why companies must go beyond the bottom line to survive and thrive. Drawing on her experience as a leading advocate for a more responsive workplace, she demonstrates how companies can organize for profit, productivity, and the desire of workers for a more rewarding quality of life.”
Continue reading this post and link to the book at the source site listed below.
Source: The TimeSheet, January 2007
From the e-newsletter: “This search engine, fully launched in January 2007, bills itself as "the first age-relevant search engine," and is designed for those over 50. Only four results are displayed at a time, and users may rank sites (free registration required). From a company dedicated to creating media products aimed at the baby-boom generation born from 1946 through 1964.
URL: http://www.cranky.com
LII Item: http://lii.org/cs/lii/view/item/23173”
Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 25 January 2007. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.
Losing a Job: Your Rights
From the e-newsletter: “For many people, the loss of a job can raise a number of questions. How do you know whether a firing rises to the level of wrongful termination? Do you have an automatic right to severance pay if you are laid off? If you signed a non-competition agreement when you were hired, how will that affect your prospects for finding new work? Get answers to these questions and much more with the "Losing a Job: Your Rights" topic in FindLaw for the Public's Employee Rights Center:
http://employment.findlaw.com/employment/employment-employee-job-loss.html
How to Deduct a Home Office
From the e-newsletter: “One of the most tempting but also terrifying small business tax deductions is for a home office - deducting the cost of operating out of your home can help you save on taxes, but complying with IRS regulations can be a little daunting. . .
http://public.findlaw.com/pnews/news/ap/f/63/01-24-2007/d414002b2243b47c.html
From the IRS: Business Use of Your Home”
Source for both articles: FindLaw’s Public Advisor. 25 January 2007. Copyright © 2006 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.
Posted by Adrianna: “There I was, just another one of my fast-n-furious Saturday nights surfing the web and blog hopping. Surfing the web can be a lot like thinking - you're here, it takes you there, it reminds you of this, now you're over there and suddenly you remember some random - whatever happened to that guy? - start Googling and the process starts all over again. Well that's what happened to me when I got sucked into a series of blogs and websites about the extremely specialized and well defined subject of "communication." As a trainer and presenter and considering I have a Masters degree in Corporate Communication and Technology, sometimes I think I have a clue - until I come across sites like the ones I'm going to share with you here about visual communication.
Visual communication. PowerPoint? Is that what you think of? Most of us probably start there. It's really all we have these days - as technology commoners. It came first and since there's really been little else. What else is there? Well as I pondered and clicked, I kept circling back to a Yale professor named Edward Tufte who once declared that "PowerPoint Is Evil." On his website/blog he asks "why presentations at all?" He offers a nationwide course called "Presenting Data and Information" which even covers courtroom exhibits. The class is only $360 and would be well worth your dollars if he's coming to a city near you (which he likely is).
Buyer Beware. Alex Halavais is a social architect who has this to say about how lawyers manage and present information and how "shallow" some of the companies that offer to help lawyers do just that appear to be.
Awesome Conference. From Mr. Halavais' site I learned about The Cardozo School of Law's conference on "Graphic and Visual Representations of Evidence and Inference in Legal Settings" which is coming up next week in NYC. It's open to the public and free! If you are in the area - GO! I might even try to go as I'll be in NYC for LegalTech.
I also came across one of Harvard's "Teaching with Technology" pages - for professors. It has some interesting links that we can use including a paper by a Harvard prof titled "A Flexible Alternative to PowerPoint". If you are looking for alternatives to PowerPoint - here are some websites that try to offer just that:
Replacements for PowerPoint
Web-based alternatives to PowerPoint
PowerPoint Alternatives
If you don't mind PowerPoint and are looking for more insight on it, check out these sites:
Presentation Zen by Garr Reynolds
Beyond Bullets by Cliff Atkinson
PowerPoint Tips by Ellen Finkelstein
The active links are available at the source site listed below.
Source: I Heart Tech, 22 January 2007
Posted by Garr Reynolds: “An interview clip featuring an interview with Microsoft CEO Steve Ballmer giving his impressions on the Apple iPhone announcement has been generating a lot of buzz over the weekend. Many people who viewed the clip felt that Ballmer was "laughing at" Apple's latest product announcement. It was not really what he said (although there were some arguably misleading statements), but the way he responded (with a laugh) that to some came across as dismissive and disrespectful of a competitor (and in some cases a partner). Some felt the laughter, misleading comments, and dismissive tone were a case of "whistling in the dark." Other's felt it was a sign of either over confidence or fear. Of course, others felt his comments were fair and balanced and that the iPhone is indeed too expensive, etc. (Steve Ballmer comments on the iPhone in video below). [go to the source site to view the video]
Should you say "nice things" about competitors?
I didn't find Steve Ballmer's response particularly egregious, though he did work hard to avoid talking about the company from Cupertino. I think his smile/laugh and other nonverbals were a sign of some discomfort with the question. Frankly, Ballmer reacted pretty much like I expected him to. I've become quite used to his talks about "capable products," and Microsoft's "agenda for driving synergy and unique innovations," etc. Nonetheless, I would have been flat-out blown away and quite impressed indeed if he had been complimentary of Apple instead of answering the question about the iPhone with a laugh about the price followed quickly by a commercial for Microsoft strategy. But it is the reaction to Ballmer's comments that I find so fascinating. It is the big response to Steve Ballmer's little comments got me thinking: Should you say "nice things" about competitors?”
Continue reading this post
The active links are available at the source site listed below.
Source: Presentation Zen, 23 January 2007
Posted by Larry Bodine: “Cancel that #*$%! expensive yellow pages ad. This was the clear advice I gave to attendees at our conference "Developing Your Personal Marketing Plan" in Chicago. I repeated the advice at the Chicago Bar Association technology conference. You now have permission to save yourself a small fortune.
Fewer people are reading the Yellow Pages every day. It's last century's marketing. Instead, they are using the Web to find attorneys. Take the money you save and plow it into your online presence. People now use Google to look up phone numbers, addresses and law firms.
Ask yourself -- when was the last time you personally opened that thick, hard-to-read yellow directory? It's been a long time, hasn't it? There are multiple yellow page directories anyway -- which one did you use?
According to Pew/Internet, Yahoo beats all yellow pages. Verizon yellow pages are No. 2.
By advertising in the yellow pages, you are doing what thousands of other lawyers are doing. You are simply making yourself more like the competition, not distinguishing yourself. There's no way to break from the clutter -- there are hundreds of lawyer yellow page listings.
Besides, most yellow pages ads are written by their salesmen. That's why they all look the same. Save your budget while you still can. Get out now.”
Read more of Bodine’s advice at:
Source: Larry Bodine’s LawMarketing Blog, 25 January 2007
Posted by Mark Zamora: “A number of attorneys find value in radio advertising, me included. Radio spots in metro cities work especially well, and in smaller towns they are relatively inexpensive.
I have been able to find out what works in radio spots. I call them Mark's Radio Rules.
First, an easy to remember telephone number. Whether it is a vanity number like 1-800-JUSTICE or a simple number like 800-444-2222, the key is having that number.
Second, repeat the number at least three times. Once within the first 5-10 seconds, once in the middle, and once more at the end.
Third, have an easy to remember .com address. One that works is simply using the telephone number, such as "our website is our telephone number, 800justice.com. This works if you have a hard to spell website or one that is phonetically vague- such as last name that could be "C" or "K."
Fourth, keep them short - thirty seconds at most…”
Continue reading this article by visiting the source site listed below.
Source: Trial Lawyer Reference Center, 23 January 2007
Posted by Tom Kane: “In my last post, I discussed the good and bad news for law firms as a result of the recently released Association of Corporate Counsel's “2006 Chief Legal Officer Survey." After doing so, I decided to take a look at the other reasons clients fired law firms (beyond the top three mentioned in my post – cost management (or lack thereof), mishandling matters, and lack of responsiveness), according to the survey.
My thought was that, if even one client fired a firm for any of the other reasons and someone in your firm is prone to the same conduct/failing, your firm too could be at risk. So, here they are in the hopes that your firm will avoid a similar fate:
• Poor quality of work,
• Preferred counsel at the firm no longer available,
• Firm could not provide needed expertise,
• Firm could not provide service in necessary jurisdictions,
• Lack of diversity within firm, and
• Other (Disagreement on or lack of strategy, consolidation of firms, personality conflicts, improper billing).
It is a good idea to look at all the reasons in-house counsel fire law firms, assess where your firm might stand on any of them, and take corrective action as soon as possible.
Next Time: More on the Good News"
The active links are available at the source site listed below.
Source: Legal Marketing Blog.com, 24 January 2007
From the website: “Bombarded by technology and issues of backdating stock options and fraud, how can General Counsel be an expert in everything? In this show, we discuss the popularity of hiring part-time GCs and the new role of the GC as the ‘superhero’ of the company. Join co-hosts and Law.com bloggers, J. Craig Williams and Bob Ambrogi as they turn to the experts, John J. Isaza, Esq. the principal of Isaza Consulting. LLC in Newport Coast, CA and Stuart Blake, co-founder of The General Counsel, LLC based in Newport Beach, Ca, to discuss this topic. Don’t miss it!
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, 24 January 2007
In the news: “Most things are not good in the extreme, and that goes especially for work. Despite that fact, employees are working too hard, and that's not good for business. So what's a company with exhausted employees to do? It's the general counsel, the adviser and counselor to the company, who's often in the best position to put the work lives of the executives, managers and employees into better balance. With that in mind, Ford & Harrison managing partner Michael P. Maslanka provides tips to help stop the madness.”
Read full text
Source: Law.Com's Daily Legal Newswire. 25 January 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
Posted By Rob Millard: “I'm busy reading Solving Tough Problems , an excellent little book by Adam Kahane. Kahane was the architect of the Mont Fleur Scenarios that were developed in South Africa in 1992, just before the formal end of apartheid, to develop a range of possible views on South Africa's post-apartheid future. The proponents of the exercise were the then still black liberation movements, the African National Congress (ANC) and the Pan Africanist Congress (PAC.) The books covers far more than just scenario planning, though. (Important though scenario may be as a tool in the strategist's toolkit).
Written by a man with a background solidly in the world of physics and the "one right answer," Solving Tough Problems describes Kahane's gradual realization that there are very few absolutes in today's world and simple solutions are usually ... wrong."
Continue Reading
The active links are available at the source site listed below.
Source: Adventures in Strategy, 11 January 2007
Posted by Evan Schaeffer: “Can lawyers ask leading questions during federal-court depositions? If so, when?
Under federal rules, the examination and cross-examination of witnesses during depositions proceeds “as permitted at trial.” Fed.R.Civ.P. 30(c). This means that the propriety of leading questions is determined just as it would be at trial.
The issue of leading questions at trial is the subject of Federal Rule of Evidence 611(c)—
Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’ testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, and adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
To determine whether leading questions are permitted at a federal-court deposition, ask yourself the following questions:
• Is the leading question in direct or cross-examination? The lawyer who noticed the deposition and who starts asking questions first is doing the direct examination; other lawyers are cross-examining. Under Rule 611(c), leading questions are permitted during cross-examination.
• If the leading question is begin asked during direct, is there another permissible reason for it, such as the development of the witness’s testimony or the fact that the witness is adverse to the questioning lawyer? If not, leading questions are impermissible under Rule 611(c).
In real-life practice, of course, lawyers will ask leading questions during depositions even when they aren’t strictly permissible, waiting to see whether you object. When you are the examining lawyer, you can take the same approach—ask leading questions when you want unless and until the other side objects.
An objection to a leading questions is a form objection that is waived unless it is made at the time the question is asked. See Fed.R.Civ.P. 32(d)(3)(A) (“Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time”) (emphasis added).”
Source: The Illinois Trial Practice Weblog, 18 January 2007
Posted by Justin Patton: “Richard Susskind has come up with a bit of gem in his Times Law column: "As internet users teeter on the edge of another new era, will the legal fraternity, technology-wise, step up to the plate in 2007? The new era is being described as that of mass collaboration and peer production..... Users are becoming providers. Recipients are now participants. We are finding radically new ways to communicate, to produce information and to interact with one another. And once again, lawyers are faced with the task of assessing what a bamboozling array of innovations may mean for the law. The Luddites will say it is all irrelevant. The nerds will claim it is transformational. The nerds are right."
Hat tip - The excellent Lo-fi Librarian
The active links are available at the source site listed below.
Source: Human Law, 24 January 2007
In the news: “Does your time and billing software help you manage your law firm's workflow? Does it identify key "events" that trigger paperwork? If not, it may be time to upgrade. The active ingredient that causes automatic event reactions is a small piece of software, or "agent," that sits on a particular server and watches for something to happen. The introduction of this type of software into law firm accounting systems over the past five years has permanently changed the way attorneys and staff work.”
Read full text
Source: Law.Com's Daily Legal Newswire. 24 January 2007. Copyright 2006. ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.
From the blog: “Studies have shown that marketing is significantly more effective when specifically tailored to the client group that you are attempting to bring in. This means that an advertisement that calls out to specific legal issues would see more return on the investment compared to one that simply summarizes your firm. In order for tech-age firms like ours to take advantage of this knowledge, you need to know the composition of the client group that you are trying to reach, which than allows you to derive marketing strategies that would most appeal to that group.
Discovering that composition can be a little more interesting for tech-age firms. While our technologies allow us to better accommodate all sorts of different clients, there is a large group of clients who are not able to fully appreciate our comparative advantage, and will never come through our doors. This group is apprehensive about our break-through models, and will always be more interested in the traditional, and "proven", method of legal services, no matter how much you spend trying to show them the better way.
The clients that are going to realize, and fully embrace, what tech-age firms can do are a little different than their traditional counterparts. These clients are ones with a basic understanding of technology, have the ability to utilize the Internet, and are free of the old mindsets of how legal work is "supposed" to be done.
This means that there are camps of loyal clients who correspond to the different camps within the legal field, and firms who are looking to make the most of their marketing dollars will find the greatest returns by targeting their own camp of clients. While the camp for the traditional firm is larger than ours, this doesn't mean that there are those who cannot be saved from the chains of our outdated counterparts. This is because there are so many technologically savvy clients that go to their local A, B & Associates simply because they don't know another way. Marketing targeted towards these clients, and those mentioned above, can be an extremely effective use of resources, but it is important to realize that there are those clients that will simply never be interested in our capabilities. In doing so, we can save those precious marketing resources and avoid wasting them on endeavors that would not bring returns.”
Source: The Greatest American Lawyer, 21 January 2007
Posted by JD Hull: “In our new services world, making real connections (see Arnie Herz and Lisa Haneberg) with clients or GCs you "like" (see WAC?) lead to relationships, which are assets and money we must manage. WAC? gets it now. Manage your connections. Manage your money.”
The active links are available at the source site listed below.
Source: What About Clients?, 20 January 2007
Posted by Bonnie Shucha: “According to a government documents listserv email from Judith C. Russell, Superintendent of Documents and Managing Director at the U.S. Government Printing Office, the Judiciary is considering a one year pilot project to assess the effect of offering free public access to PACER through the Federal Depository Library Program. (What's PACER?)
Currently, PACER is available at no cost in Federal courthouses by visiting the office of the clerk of courts. But note that printing costs may be high. For example, the cost for printing in the Western District of WI Clerk of Courts office is 50 cents/page. However, anyone can request their own PACER account and the service is "free" in that no billing is done until $10.00 in charges are generated.
According to Marc Weinberger of the U.S. Courts Library, Western District of WI, individual PACER account applications can be obtained a couple of ways: 1) from the PACER Service Center [800-676-6856]; 2) via the website http://pacer.psc.uscou