What is your Myers-Briggs Personality Type?

Lately, I’ve read several authors (here, here, and here) tout the benefit of understanding one’s Myers-Briggs personality type. So, reluctantly, I decided to take this free online test (72 questions). It was very easy, and fast. And I was flummoxed at what the results show. Apparently I’m an INTP which I checked against this online Myers-Briggs list of types.

According to that source, people with my personality type tend to:

 1. Be highly imaginative, even as adults

 2. Be technologically savvy

 3. Gravitate towards cutting edge approaches (especially technology)

 4. Highly value intelligence in friendships

 5. Challenge the status quo

 6. Provide maximum autonomy as a boss

 7. Prefer that their work speak for itself (and avoid self promoting)

 8. NOT be seen as a someone who “aims to please others”

 9. Be a serial hobbyist

10. Be seen as independent (in every way)

I don’t know how others tend to see me (#8 and #10), but every one of the other traits are spot on. And I’m sure my brother will laugh when he sees trait #9. 

Bar associations should pay attention to comment spam from law-related websites

In addition to this blog I also have one called PDF for Lawyers. Back in October of 2010 I put up a short post called Do More with Acrobat; it’s not that hard. I have comments enabled, but that’s not a post that many people wanted to comment on. Until a few minutes ago.

I got a notification that some entity wanted to post the following comment:

I am very much interested to have every bit knowledge about Acrobat.But the link you have provided with this post is not working.I was curious to know more things i can do with Acrobat.

There was a link in the referenced PDF for Lawyers post, and it is indeed no longer working. But the commenter wasn’t really as much interested in giving me useful information as he/she/it was in seeding my site with a link back to the online referral mill listed in the image capture below:

The company running it is creating comment spam as a way of boosting their ratings; it’s likely that Google will eventually figure it out and penalize the site in its rankings. Once Google penalizes a site it’s as good as invisible. But meanwhile there’s other folks that should take note.

For example, the Mississippi Bar Asociation should also check into this company. It’d be nice to find out which lawyers are using them, and whether those lawyers know that the company is engaging in shameful behavior. If they don’t know, then why not? Did the lawyers just hire some SEO expert and not ask any questions? Maybe so, but that doesn’t mean the lawyers should not be held accountable.

You can be sure that this is happening in every state in the country. And every state bar association should spend a little time trying to get to the root of this kind of comment spam. Or they should if they care about how the legal profession might be perceived by people who use the Internet.

Your cleverly casual profile picture is totally unhelpful. Seriously.

I'm not one to lecture people away from being "down to earth" or "casual and friendly," but lately I've been itching to tell people who have "cutesie" profile pictures that it's probably not a good idea. You know, the picture of them and their wife, or their boyfriend, or dog, or the college rugby team. 

Such a small thing, you say. What is the problem with this?

Nothing at all, if the profile picture was going to be viewed only by people who already know them. But it's not. These days you have to account for the following harsh truth: something you put out there for one group, and with one purpose, will probably be seen by an entirely different set of people, and used in a way you hadn't contemplated.

Let me give you an example.

My iPhone's contact list pulls data from, among other places, Facebook. The profile pictures that accompany most of the people in my address book come, in many cases, from Facebook. I can't say for sure where they come from exactly, but I know that the pictures are chosen by the contact person themselves and not by me.

Let's say I need to send contact information from my contact list to a new business prospect. My usual routine is to send a vCard by email from my iPhone. I tend to do that very quickly without thinking much about it. So I probably wouldn't notice that my old friend has a weird profile picture. Which means that's what might show up when I send the business prospect the vCard.

Maybe it won't matter you say, if you're one of those who wants to keep your cute profile picture. Maybe it won't. But maybe you haven't thought about all the ways that your profile picture will be used in scenarios you hadn't contemplated.

I like to keep things simple. A profile picture should let people know what you look like so they can remember you, or know who to look for when you meet for the first time in a coffee shop or other public place. A profile picture shouldn't be stuffy and formal, but it shouldn't be so casual that it sacrifices some other desirable aspect. There is nothing wrong with a nice close up of your face, taken in a casual setting. 

But a profile picture of you with your four best friends from high school isn't going to help me remember you or find you in a crowded coffee shop. Just saying'...

Cab companies are afraid of Uber, but I like it

When I was in New York City last week I had a chance to use a ride service called Uber. If you own a smartphone (iPhone or Android) and travel to one of the almost 20 cities where the Uber app works you should check it out. All you have to do is download the free app, and set up an account. The setup process is simple: you just create a login on their webpage, and provide them with your credit card, mobile phone number, and email address. That’s it.

When you’re in a city that has Uber it works like this:

  • Open the app when you’re ready to get a ride (your location is then established)
  • Press the button to request pickup from the nearest driver in the Uber system
  • You’ll get a text message notifying you who you driver is (first name) and his rating based on past passenger’s assessments. The text message also tells you how many minutes away the driver is.
  • You can watch the designated car making its way towards you on the city map in Uber’s app.
  • As the driver approaches you get a text message saying the driver “is arriving now.” (these text messages are all automatically generated by the system, not the driver).
  • When the driver arrives tell him where to go; he’ll probably have a separate GPS app next to his Uber iPhone.
  • When you arrive the driver’s Uber’s app calculates the fare. You will be sent an email receipt (Uber already has your credit card).
  • At the destination you can just walk away.

I used the service 3 times, and each time I asked the driver about Uber and whether they liked it. In each case they responded that they loved the service. All of the drivers had worked with cab dispatchers and said that they liked that the app was fair for them because it automatically assigned the ride based only on proximity of the driver to the ride. Obviously, riders want that too. But, apparently, that’s not always how it works when a dispatcher is involved.

Uber has faced lawsuits in some cities, including New York and Washington D.C., because cab companies are frightened by the ruthless efficiency of Uber’s technology. You can read about the lawsuits here, or here, but the bottom line is: for now the company can operate in New York City, and it seems to be making inroads in other cities. But Uber’s opponents aren’t going to give up easily.

City regulators, and their paid spokesmen/lobbyists, tend to make laughably lame arguments, such as that Uber is “a rogue app” and that they need to protect the public “because just about anyone could make a car-hailing app in their basement.”. Yeah, it used to be that two guys could build a computer in their garage, and look where that got us.

I could drone on an on about why Uber is amazingly useful. I didn’t leave anything in the cars, but if I had I could have immediately called or texted the driver since I was given his mobile phone number automatically when I used the service. Putting drivers and customers in direct contact via their mobile phones is one reason the Uber app has hundreds of 5 star ratings in the Apple app store. Clearly, most users love it, and if you try it you probably will too. The only people who seem not to like Uber are those whose business model depends on stifiling innovation in the car-hailing business.

For more information about how it works in various cities check this FAQ page.

How can we improve social media reviews of hotels?

I came to New York to help my daughter get set up in Brooklyn, where she’ll be going to college for her last year. I decided to stay at a Hotel Indigo, which is not “officially open” but got pretty good Yelp reviews. I have been taking notes so that I can post my own Yelp review, and at the same time I’ve been pondering what would I like to see in a Yelp review?

Many reviewers simply provide a narrative of their bad or good experiences, without any attempt at a coherent overview. Since I’ve been thinking about it in a deeper-than-usual way, here are some things I think belong in a hotel review:

  • What is the signal strength of your cell carrier like? For example, I get great LTE coverage at my hotel when I’m in my 14 floor room, but no LTE coverage in the 2nd floor lounge. My carrier is Verizon; others would want to know what AT&T’s signal is like (ditto T-Mobile etc.)
  • What’s the exercise room like (what equipment etc)? I have taken a couple of pictures of the exercise room on my iPhone and will post those with my review. I took pictures not just of the equipment, but also the bookcase that has yoga mats, hand weights and towels, so that people can get an idea of those small amenities.
  • What are the other common areas like? Is the Wi-Fi good? Is the lounge area enjoyable to hang out in, or are there TVs blaring noise and kids running amok?
  • What was room rate did you pay? I am paying $109/night because I’m staying at the Indigo for 4 nights. Perhaps the fact that it’s not “officially open” is a factor. It’s January and not a busy time, so that’s definitely a factor. So it’d be nice if people said (1) what rate they paid; (2) how they got that rate, and if it was a busy time for the property.
  • Do the rooms have convenient electrical outlets for charging phones, computers, tablets etc? What features show that the hotel operators have upgraded to make the place “tech-friendly”? The Indigo, for example, has an alarm clock that lets you charge your iPhone or iPod and play music through the speaker. They also have really crisp HD channels on their ultra-sleek flat screen TVs.

Things I don’t really want to hear much about are problems that aren’t likely to come up often, like your room wasn’t ready on time and you had to wait 30 minutes. It’s fine if people mention those things in passing because it is a flag that can be compared with other reviewers who mention the same thing. But making small annoyances the centerpiece of a hotel review are low value to others.

Bottom line: we can all probably do a better job of reviewing places if we think about things more from the perspective of what future visitors might appreciate knowing. What kinds of things might those be? I don’t have a definitive answer. Perhaps your comments below would be helpful in figuring that out.

The Key to Happiness is Engineering

One key skill in life is learning how to be happy. The first (and, for many, the hardest) lesson is that: things and people don’t make you happy. Or at least not for long. If you want happiness that lasts you need to learn to manufacture it yourself.

If you’re shrugging that last statement off, then I feel bad for you. You have a lot to learn. We all have a lot to learn about how to create, and maintain, an upbeat state of mind. There are lots of ways to learn this.

  • Religion (pervasive, but organized religions are mostly bureaucratic)
  • Therapy (Often works, but expensive, and hard to find the right person to help)
  • Self-help books (probably too many choices, but if you find the right one and stick with it this can help)

I think that the trick to learning to creating your own happiness isn’t so much finding the right system, as much as it is practicing the moment to moment mindfulness that’s needed to shed the common tendency we all have to quickly find fault with life.

If you need a quick guide to help you get started, though, I think this short blog post by Scott Adams is pretty pithy. After you read Adam’s excellent prescription you still need to practice the regular mindfulness, which really means seeing the positive in life as opposed to the negative. For that I recommend you check out the blog called 1000 Awesome Things.

What's harder to cover: politics or sports?

Nate Silver is a sensible guy, and his analysis of political polls is now pretty much legendary. His 538 blog is now part of the New York Times, and focusing mostly on political polls and trends. But Silver knows a lot about gambling and sports betting in general, having made lots of money in poker tournaments and also having been a Baseball Sabermetrics aficionado.

In a recent Reddit interview (by anyone who logged in and asked him questions) the following wonderful Q&A occurred.

Q.  Which do you find more frustrating to analyze, politics or sports?

A.  Politics. I don't think its close. Between the pundits and the partisans, you're dealing with a lot of very delusional people. And sports provides for much more frequent reality checks. If you were touting how awesome Notre Dame was, for example*, you got very much slapped back into reality last night. In politics, you can go on being delusional for years at a time.

Full disclosure: I said in a NYT video yesterday that I'd bet Notre Dame against the spread.

Yeah, that is pretty much how I feel too. It's sad when you have to confront the basic limitations of humans operating in a so-called "civilized world."

Is social media useful in negotiations?

 

I often try to persuade lawyers and business professionals that social media is useful. I downplay the fact that social media is mostly used for random daily life observations; I emphasize that it’s a great research tool for investigative purposes.

Turns out, the trivial discussions can be helpful in negotiations. And this is a scientifically proven principle.

First, let’s review Twitter. Watch this excellent explanation of Twitter in Plain English by Lee Lefever of CommonCraft. He emphasizes the part that I’ve long downplayed—namely, that Twitter is a way to learn more about the people you know.

In the 2 minute video we are told that Carla didn’t know, until she started using Twitter, that her friend Steve in Seattle was a baseball fan. She didn’t know that Julia in London was reading a new investment book. And, until she started posting to Twitter, most of her friends didn’t know she had developed a passion for the music of Van Halen.

So what in the hell does this have to do with negotiation? The specifics of what Carla, Steve and Julia like has nothing to do with negotiation. But what if Carla and Steve didn’t know each other? And what if they were able to uncover a little about each other via social media tools like LinkedIn or Twitter?

How might that influence their email negotiation if they had to hammer out a deal? According to the principles of persuasion identified by Robert Cialdini, it might lower the chances of a deadlock from 30% to 6%. Cialdini is the Regents’ Professor Emeritus of Psychology and Marketing at Arizona State University. He is also the author of the book Influence: The Psychology of Persuasion, a best-selling book that scientifically identified core principles of persuasion.

I recently had the chance to listen to him on a podcast with Dan Pink (author of To Sell is Human). In the podcast he cited a study that showed the importance of making small talk before engaging in a negotiation. Westerns tend to think this is unnecessary and inefficient (I would have been one of them). In fact, small talk not only helps build rapport, but also helps the participants identify similarities and common interests.

The study showed that email negotiations resulted in only 6% deadlocked situations when small talk and trivial information exchange happened first. That’s down from 30% without the trivial preliminaries.

The study didn’t involve social media. But obviously social media helps you understand (via seemingly unimportant trivia) what other people are interested in. And, if Cialdini is right (and he’s got data to back up his claims, so odds are he is) then it’s easy to see how social media can help fuel the kind of preliminary discussion that, in turn, leads to successful negotiations.

New Years - Resolutions and Random Initiatives

 I’m not big on formal New Years’ resolutions. But, I like to take stock of ideas I found interesting last year, and ones I am intrigued by now. Often these ideas come from books, or are embodied in them.


Books I enjoyed last year:

  • Heads in Beds - snarky, insightful account of a young man’s ascendancy in the hotel business. He starts in New Orleans and moves up to New York, and has many interesting adventrues and encounters. He’s an amazing writer, but in addition to being entertaining, he offers practical advice on how to get good deals at hotels.
  • No Easy Day - First hand account of the raid that found and killed Osama bin Laden. It was riveting, but the big surprise was the account of how Seals are trained, and how they move up to become members of Team Six. These guys must be the most well-trained athletes in the world.
  • The Finish: The Killing of Osama bin Laden by Mark Bowden - I read this right after No Easy Day because it provided detail on how we figured out where bin Laden was. The surprise from this book is learning about the technology related to drones and information sifting.

 

Books I plan to read this year (or have already started):

  • To Sell is Human - by Dan Pink - I always enjoy his take on things. Pink effectively argues that more of us now need to “move” people to adopt our ideas and proposals (e.g. a form of "selling"). Lawyers “sell” ideas or arguments, so this book is relevant to them, and I’m finding lots of good information here on how to be more persuasive.
  • The Art of Explanation - by Lee Lefever. The author is the founder of CommonCraft.com, a company that helps companies explain their products by using short videos that make use of visuals. Dropbox is one of their clients and you can see Lefever’s handiwork if you watch the Dropbox video his company created. This book is a great primer on how to explain things better. I’m surprised at how much I am learning, mostly by simply becoming aware of how great explanations work.

 

New ideas and tools I’ll be paying more attention to:

  • Mindmapping - I’ve used these for a few years now, but not extensively. This year I feel like I’ll be mindmapping pretty much every day. The trick will be to develop a workflow that lets me create and tweak my maps from anywhere, and on any device (e.g. computer, iPad, or iPhone).
  • Presenting from an iPad - I love walking up to a podium to do a presentation with just my iPad. If I’m standing at a podium it’s really the easiest tool to set up and present from. The only limitation is that once the Keynote slidedeck gets too large it won’t work; and my slidedecks often contain lots of video clips. But if the presentation is not too large it’s the easiest way to present from a podium.
  • Webinars - I love doing live CLE seminars. It’s great to get immediate facial feedback, and also I like the social interaction after the event. But the fact is: a lot of what I talk about could be explained better if the audience was at their own computer as I did a live demo from my computer. This is what webinars are optimal for, and I think they’re a great compliment to live seminars. Or they can be useful in their own right. The trick is for potential audience members to know how to log into a webinar, which I think most people now know how to do.

 

Anyway, that’s part of my list of books and tools I’ll be focused on next year. What about you? What are you reading or trying to learn?

Louisiana lawyers needing 'Professionalism CLE' credit, don't fret

Louisiana lawyers who still need Professionalism credit can get it online a my PaperlessChase.com site. If you need Ethics credit we have courses for those too. If you need more than 4 hours of credit come to one of our live seminars. And if you know any other lawyers who are agonizing about getting those credits let 'em know that there's an easy way to learn and get CLE credit online.

Let your computer or phone type for you: it's like having superpowers!

If you hate typing with a computer keyboard, I feel your pain. Even if you can type pretty well it’s frustrating to have to key in your thoughts. Why can’t you just speak to your device and have it type for you?
 
Well, odds are you now have a phone that can. Your computer can definitely do it, but you may need to buy some software. Either way, the key point here is this: you have this ability lurking around you; the barrier to using it is your failure to take advantage of speech recognition software.
 
Let me help you over the hump. I have experience with this hump, and I know it’s not so much of a tech-barrier as it is a human-nature thing.
 
Most of us think that, since speech-recognition is so magical, it should be really easy to adopt. It’s not, because you still have to learn to issue forth the proper commands. So it’s still a little like learning to use a keyboard. The trick is to persist until you get comfortable enough not to have to think too much about how you dictate.
 
If you have one of the recent edition iPhones then you can start by using the free Dragon Dictation app, or the Google Search app (click here for a 50 second demo video) Apple’s Siri is promising but still too unreliable, and nowhere near the Google app. Other smartphones, such as Android phones, have had speech recognition for even longer. Start using your phone to practice using dictation. You’ll only be allowed to say basic things, like a phrase, followed by some punctuation: “period, comma, new line, new paragraph.”
 
After you master those commands, work up to using commands that invoke capitalization (e.g. “all caps” or “Cap that”). If you can find a master list of the acceptable commands print it out, and resolve to learn a few new commands each week.
 
You’ll also have to develop a way of handling mistakes, but that’s part of the learning curve too. If you can get past the common problems you’ll soon find yourself dictating easily and often. At that point you’re probably ready to start using a full-fledged speech recognition program on your computer. The best one to get is the basic one called Dragon Naturally Speaking, by Nuance. They have a Mac version called Dragon Dictate. The Mac version is $129, and the PC version is about $60 and is much more evolved.
 
You don’t need the fancy “legal version,” just the basic one. What you most need after that is some practice. If you stick with it you’ll soon find yourself blasting out text like a super-human. Believe me, it’s a good feeling. Just make sure you use your superpowers for good, and not evil.
 

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It's the trade-offs, stupid

Technology always involves tradeoffs. Every tool created by humans has situational strengths and situational weaknesses. The trick is to figure out how to balance the risks with the rewards. Then you can make intelligent decisions about how to use technology.

Consider, for example, the question of computer security. Is it safe to use a computer that’s connected to the internet? Depends. If you don’t know how to avoid scams, and you leave the computer open to hackers, then it’s not safe. The hackers are getting smarter, and the scams are getting more clever. But most users are plodding along with the same mindset, generally they’re lax about security. More to the point: they don't understand how to properly assess risk and reward in the digital world.

Why would so many people use passwords like “password” or “123456”? It's because they just want their lives to be easy and believe that picking a simple password is the easy way to remember it. In other words, they’ve traded off easy-to-achieve security for lazy simplicity.

I have a very successful friend who’s made loads of money investing in hundreds of large-scale international businesses. I don’t know anyone better able to weigh the complex risks and rewards inherent in deciding whether to invest in a large company. However, when it comes to assessing simple trade-offs involved in using his trusty laptop computer, he’s completely naive and vulnerable.

For example, my friend can’t make a basic decision about his email. His IT guy set him up with a shared account on an Exchange server. And the IT guy charges him a too much money (according to my friend) to just manage his email. My friend says his Mac-based Outlook program runs slow and constantly spins a beach ball. So, sensing that I know something about technology, he asks me what he should do.

I ask him a few questions about what he wants from an email program. He says his number one priority is to be able to search his 10 years of old emails (which his IT guy reports is 7 GBs of data). He says his old emails are like his filing cabinet of key information from all the business deals he's done. He says it's vital that he be able to quickly search his old emails.

I know what I’d recommend to him, but I tell him to talk to my friend Paul, a smart guy who does tech consulting but doesn't charge too much money. 

Paul tells him that he should migrate his old emails to Google Apps and pay $50/year instead of the many hundreds of dollars he’s now paying. The effect would be (1) save money, and (2) be able to search old emails with the power of Google. This is what my friend said he wanted. After listening to Paul explain the rough method by which the migration would take place I tell him I agree with Paul.

And it seems like my friend is now on the path to a better "email finding system." My friend tell his IT guy what he plans to do, and that he wants him to work with Paul to get it done.

At first, The IT guy says fine.

A few days later, however, he sends an email to everyone (copying me as well) explaining the negatives of “having a cloud based email system,” and of “not having complete control over it.” The IT guy tells him that with Google’s cloud-based email he won’t be able to work on emails while he’s flying. My friend can’t reconcile the negative tradeoffs he’s hearing about from his IT guy with the recommendations he’s getting from Paul. He becomes exasperated and annoyed with everyone for not being able to give him what he wants. He demands that action be taken immediately to end his spinning beach balls.

I read the flurry of emails going back and forth and wince, glad that I am not an IT guy who has to work with people who rely technology, but don't want to do anything to understand it—folks who just want to issue orders, and expect results.

My friend's problem is a common one among tech-unsavvy folk: he wants incompatible things. He wants a result that is the product of no tradeoffs. He doesn’t understand how cloud-based email works, even if it's explained to him several times. My friend (even with access to top-notch advisors) isn’t competent to make basic decisions about his technology, not even the simple stuff that most 15 year olds figure out for themselves. 

Awhile back, my wife set my friend up with a password management program. She explained to him the importance of using tool that would allow him to have strong passwords, and the simplicity of working off of one master password. She set it up for him and then trained him to use it. He tried it for awhile but complained constantly that the program wasn't working properly.

He quickly gave up on the program because he found it too difficult. I’m not sure how he manages his passwords now, but I hope he’s picked something more secure than a phrase that's in every hacker’s “dictionary attack file.” I hope that, but I really don’t expect it. My friend doesn’t understand how to parse tradeoffs that apply to computer technology.

 

In short, he's the guy at the poker table wondering who the sucker is. Except the poker table is connected to the Internet, and has millions of players. And that's a really dangerous place to be if you don't know how to make sound technology decisions.

My upcoming Louisiana CLE seminars (Baton Rouge & New Orleans)

I'll be doing three live, all-day CLE programs in late December: one in Baton Rouge and two in New Orleans. Each program is 6 hours of CLE credit, with 1 hour of Ethics and 1 hour of Professionalism. If you want to sign up use the promo code ERNIEATTORNEY to save 10% off the price of the program.

Here's a brief summary of the programs.

Digital Lawyering & Tech Tips (Baton Rouge) - Click to Sign-Up

When: Friday (Dec 21st) - 6 hours total CLE (1 hr Ethics; 1 hr Professionalism; 4 hrs LPM)

Executive summary: All lawyers will learn how to use technology to work more productively while out of the office, and to more efficiently handle email in and out of the office. Litigators will learn how to gather information (including social media information), and to better organize that information. All lawyers will learn to avoid ethical problems and how to present a more professional online appearance to potential clients and others. We'll also cover the latest law-related tech tools, and tell you which ones are truly useful and reliable, and easiest to use.

Digital Lawyering & Tech Tips (New Orleans) - Click to Sign-Up

When: Thus (Dec 27st) - 6 hours total CLE (1 hr Ethics; 1 hr Professionalism; 4 hrs LPM)

Executive summary: All lawyers will learn how to use technology to work more productively while out of the office, and how to more efficiently handle email in and out of the office. Litigators will learn how to gather information (including social media information), and to better organize that information. All lawyers will learn to avoid ethical problems and how to present a more professional online appearance to potential clients and others. We'll also cover the latest law-related tech tools, and tell you which ones are truly useful and reliable, and easiest to use.

Paperless Lawyering & Tech Tips (New Orleans) - Click to Sign-Up

When Friday (Dec 28st) - 6 hours total CLE (1 hr Ethics; 1 hr Professionalism; 4 hrs LPM)

Executive summary: All lawyers will learn how to lessen the reliance on paper, and to set up systems that allow them to work with documents more efficiently while out of the office. We'll explain how to create complex documents more easily, ways that allow those documents to be reused later as forms. Litigators will learn to be more effective in advocacy by using tools that help them create compelling visual presentations. We'll finish with a rapid-review of interesting tech tools, focusing on the ones that actually help you get more done in less time, with less stress. 

New Orleans Lawyer Meetup Group - Off to a good start

Last Wednesday  we had the inaugural gathering of the New Orleans Lawyer Meetup Group, which is going to be an informal gathering of lawyers who are new to the profession or new to the city. We welcome others who can help those new lawyers get started. So, obviously, we had some more experienced lawyers who can serve as mentors, providing useful advice or just plain old encouragement. And we had some folks who aren't lawyers, such as accountants, web-designers, tech-savvy folks etc. 

Technology plays a big part in helping lawyers practice law, so that's probably going to be a core part of the group. But, overall the goal is to make the meetings fun and informative in a casual way. We plan to meet once a month, probably on Wednesdays or Thursdays. Members of the group will automatically qualify for a 10% discount on any of the CLE seminars my PaperlessChase company does. We plan to offer our CLE programs for free to lawyers who have been admitted to Louisiana in the past year. If you are a new lawyer, or want to help new lawyers then this is a good group to join. Click here to sign up if you're interested.

CLE programs: why are they often irrelevant to most lawyers' practice areas?

I just got a brochure for a two day CLE program, and it reveals something that is common to a lot of these all day, or multi-day, programs: the choice of topics have no coherence, and therefore little utility for most lawyers. If you're going to spend all day in a CLE seminar wouldn't you want all (or most all) of the programs to be relevant to your practice? Isn't that they idea of CLE? If it's not relevant how can it benefit the lawyer or their clients?

Just so you see a concrete example, here is a list of some of the topics. As you read them ask yourself would a lawyer go to this multi-day seminar to learn, or just to load up on CLE credits?

  • Jury selection tips
  • Bankruptcy problems: how to avoid them
  • How music conditions us culturally
  • Eye witness identification problems
  • Mobile lawyering tips
  • "Grandma's last chance" (not sure what this is about)
  • Recent developments in Civil procedure
  • Recent developments in Criminal law
  • Medicaid & Estate planning
  • Commercial leases: how to avoid problems
  • Ethics
  • Land Use: planning and development

These mish-mash programs are offered because the people who put them on are dependent on getting free speakers, and it's hard to coordinate a bunch of free speakers who will talk about a coherent topic. I'm not condemning the organizer of this program; they're just doing what everyone else does. And it seems to be hard for most CLE organizers to figure out how to attract quality speakers on a regular basis.

Even if the organizer is a state bar association.

Upcoming iPad for Lawyers seminar in Baton Rouge, Louisiana

 

Lawyers in Baton Rouge who want to learn more about Mobile Lawyering with iPads should sign up for our Nov. 30th seminar. It’s at the Crown Plaza hotel on Friday afternoon, from 1 to 5 pm. Here are some things Dane Ciolino and I will cover:

  • Security issues, and how to avoid them when using an iPad or mobile device
  • Creating documents, editing and sharing
  • Digital signatures and how to sign documents on an iPad
  • Deposition tools, and strategies
  • Note-taking software and tips for using effectively
  • Display of trial exhibits using and iPad (including wireless presentation)

The seminar is limited to 35 people and will fill up fast. We have early bird pricing in effect until November 14th. Here are some more things to know about our seminar:

  • 3 hours of CLE credit, including 1 hour of Ethics credit
  • Free Wi-Fi available in the seminar room
  • No questions asked refunds up until the day of the seminar
  • We have free giveaways relevant to our talks (e.g. books on iPads for Lawyers)
  • We offer free online videos at our website (you only pay if you want CLE credit)

For more information, and to reserve your spot with a credit card click here.

My book on "blogging for lawyers" is ready for order

The ABA is ready to begin accepting orders on my book: Blogging in One Hour for Lawyers (click link to order). Here's the gist of the book:

"Until a few years ago, only the largest firms could afford to engage an audience of millions. Now, lawyers in any size firm can reach a global audience at little to no cost--all because of blogs. An effective blog can help you promote your practice, become more "findable" online, and take charge of how you are perceived by clients, journalists and anyone who uses the Internet. Blogging in One Hour for Lawyers will show you how to create, maintain, and improve a legal blog--and gain new business opportunities along the way. In just one hour, you will learn to:

  • Set up a blog quickly and easily
  • Write blog posts that will attract clients
  • Choose from various hosting options like Blogger, TypePad, and WordPress
  • Make your blog friendly to search engines, increasing your ranking
  • Tweak the design of your blog by adding customized banners and colors
  • Easily send notice of your blog posts to Facebook and Twitter
  • Monitor your blog's traffic with Google Analytics and other tools
  • Avoid ethics problems that may result from having a legal blog

I've setup a special blog at OneHrBlog.com  to continue the conversation about how lawyers can learn to blog, or how to improve the blog they already have. Obviously, there are other lawyer-bloggers out there with great advice to offer on this topic so I'd love to hear from those folks. There's a twitter feed too. If you are interested in reviewing the book, shoot me an email and I'll get you a copy.

And this Friday I'll be on the This Week in Law podcast with Denise Howell and Rick Klau, two of the really early law bloggers. We'll be talking about the power of blogs, and other law-related topics, along with Evan Brown of the blog Internet Cases. So tune in at 1 pm Central Time to catch a rare reunion of some "old lawyer bloggers."*

* "old" measured in Internet Time of course, not in "human body aging time."

Ethics alert: be careful about posting ABA formal ethics opinions on the web

Last week I got an email from someone in the legal department of the American Bar Association. They wanted me to remove a PDF file with a formal ABA ethics opinion on metadata, because I hadn't sought, and received, permission to post it. Of course, I had no idea that ABA opinions were subject to strict publication controls.

I would have thought the ABA would want to make it as easy as possible for people to know about their formal ethics opinions.

I told two lawyer friends about the ABA's email. One is an ethics expert, and said "the ABA has long taken this position, and it's annoying." The other is an intellectual property expert; she was surprised the ABA would claim a copyright in formal opinions. She offered to help me craft a response letter to ask the ABA to explain their position, but I told her I'd rather just take down the file and move on.

What do I care if less people have access to ABA formal opinions? It's not my central goal to make lawyers more aware of ethical issues. I would have thought that'd be the ABA's goal. Clearly, I don't understand a lot about the ABA. But I wonder how other lawyers would feel about the ABA's position.

I'm pretty sure many of them would think it's strange.

Update: Carolyn Elefant has been complaining about the ABA's position for years, and has some really thoughtful observations on her blog. She's even created an online petition at Change.org for folks to use to register their disagreement.

Email Efficiency Tricks & E-Discovery Tips

Do you use email and practice law? Do you wish that you had some magic ways of making your email easier to deal with? Do you fear having to deal produce or request emails in a lawsuit? Do wish someone would just demystify the tech issues and give you some straight-forward answers?

If you’re a New Orleans lawyer (or live within driving distance), you should consider coming to the next CLE seminar that we’re doing. For those who have been to our CLE seminars you know that we don’t have the usual lame presentation. People who come to our seminars pay attention and ask great questions. Our seminars are informative and fun. Crazy, I know. But true.

The 3 hour seminar we’re doing on Friday afternoon of October 19th is going to be another one of those seminars. What kinds of things might you learn? Here are some questions we plan to answer:

  • How can you make it so that the only emails that show up in your inbox during the day are from people that you actually need to do work for?
  • What happens to the non-essential emails, and how can you easily process them as well? (The answer to both questions is part of the same trick, and it’s a game-changer).
  • If you blind carbon a bunch of people on an email can they look at the metadata and discover who else was bcc’d?
  • If you’re doing E-discovery and want to get the metadata associated with email is that going to cost more money? And, if so, how much more money?
  • Does it make sense for lawyers to use cloud-based email services such as the ones provided by Google (and, more recently: Microsoft)?
  • What ethical pitfalls are most likely to happen when lawyers use email, and is there an easy way to avoid those problems?

These questions and many more (including any you bring to the seminar) are going to be answered. All you have to do is sign up. For more information (and to sign up), click here. In addition to great information you’ll also get 3 hours of CLE credit, including an hour of Ethics credit.

The week in review - October 1st

Here are the highlights from my Twitter posts for the last week (Sept 24–28), with some additional commentary.

  • New Orleans attorneys who wish they could manage their email better (using automation and tools that increase efficiency and lower stress) should attend this CLE program on October 19th.
  • If, like me, you’re not getting an iPhone 5 but want something that will dramatically improve your old iPhone’s performance how about a Mophie Juice Pack Air case? It doubles your battery life and wraps your iPhone in protective case. Yes it makes it slightly larger and heavier, but extra battery life doesn’t grow on trees you know.
  • If you did get a new iPhone, or upgraded (like me) to iOS 6 then stop worrying about Apple’s new maps. There is a much better free GPS navigation application called Waze, which has been growing steadily. I have been using it for almost a year, but I notice that many of my tech-savvy friends are discovering it too. It’s probably the best GPS app for the iPhone and it’s free. That’s a powerful combination.
  • If you have a Mac and want to run Windows you can, but you need the right software. What’s the right software? Almost certainly it’s Parallels. The Wall St. Journal’s tech columnist Walt Mossberg reviewed Parallels and favored it over VMware. I’ve switched to Parallels and so far I’m impressed.
  • I’ve been trying out the new Dragon Dictate 3 for Mac and I’m not ready to pronounce this program a game-changer, but it’s much better than the prior version. If you struggle with typing, or if you just want to turbo-charge your text input, then you should investigate Dragon Dictate. Windows users should definitely get the PC version, which has been more fully developed and is feature-rich and quite reliable.

To get these news tidbits as they come out follow me on Twitter. For tweets about technology follow me at the PaperlessChase Twitter page, and if you’re a Louisiana lawyer interested in technology come to one of our live CLE programs.