Ernie The Attorney

My law firm's new web design

A few days ago I started playing with iWeb, which is free software that comes bundled with every Mac computer. iWeb makes it easy to build stylish websites with very little effort. I learned that you can use it in conjunction with a personal domain name, and that got me to thinking. I had acquired the domain 'svensonlaw.com' awhile back with the idea of making that the domain for my law firm website, which was hosted at ernestsvenson.com. But I never got around to it, mostly because the thought of creating a website seemed daunting. Not anymore.

After messing around for a few hours I managed to create what I think is a pretty stylish website. The home page is actually a blog, which is great for posting information about upcoming speaking engagements. Managing the website will be ridiculously simple, thanks to iWeb's easy interface and its tight integration with other Mac programs. When I was at my old law firm we spent countless hours trying to get everyone to agree on a new site design (and we spent lots of money). This weekend I put up a new site for nothing more than the cost of a domain name, which goes for about $10 per year. Thank god I was able to get my marketing committee to approve my new design (ha!).

Check it out and let me know what you think! (The nice thing about websites is they're easy to edit).

Off to speak in Wilmington, Delaware

I'm off today to Philadelphia, and then to Wilmington, Delaware where I'll speak to the Diamond State Chapter of ARMA International. ARMA is is a not-for-profit association that focuses on managing records and information, both paper and electronic. My talk will be about how professionals, such as lawyers, are struggling to adapt to digital information.

Most lawyers think this means dealing with E-Discovery (and of course it does), but the reality is that we all need to be more adept with digital information in all phases of our lives. If lawyers understood the nature of digital information better they wouldn't have so many problems with E-Discovery. That's my thumbnail view, anyway.

Thoughts about Tablet PCs and digital docs

Following my last post about being 'scooter lawyer' a friend emailed me to ask about the reference to the Tablet PC. He wrote: "I wonder about what advantages it has for a litigator. I also wonder about what program you use to keep track of your scanned documents to be able to find them by bates number and to be able to annotate them."

Here's the story. The Tablet PC was lent to me by my girlfriend. After using it for a few weeks I came to these conclusions:

(1) a Tablet has a completely different social dynamic than a traditional laptop because people don't perceive it as a computer; unless you stand behind someone using a Tablet you easily assume that they are just writing on a pad of paper; (2) the Tablet is more comfortable to use; but if you type reasonably well you will still prefer to use a keyboard; (3) the Tablet is more natural to use at a lectern or in a conference, as long as principle #2 isn't a factor; (4) even though it's a niche product I would absolutely use a Tablet in certain situations, except for one thing: (5) Tablet PCs run Windows which means they don't wake up quickly, or reliably.

Just as I was starting to use the Tablet a lot I found that it would sometimes get slow or become unresponsive; this happened once or twice at semi-critical times. I dutifully rebooted, and didn't suffer too much. But the thought lingered: I could never rely on the Tablet during a hearing or trial, or any situation where I was in front of a judge. It's one thing to reboot during a deposition, but it would be completely unacceptable to tell a judge to "hang on, your honor, while I reboot my computer."

So, I've stopped using the Tablet completely. I have several lawyer friends who have tried the Tablet, and one or two are still using it. Perhaps they haven't had the problems that I have had, so I know it's possible the Tablet could be a useful tool for a litigator. But not for me.

If I use a computer in court or in a deposition I need to know that it will work. Always. That's another reason why I prefer Apple computers. Mac laptops sleep when you close the lid and wake up instantly when you open the lid. You can do this over and over again, for months, and never have to reboot. Very few, if any, people have this experience with Windows computers.

As for the question about how I find documents quickly during a deposition, here's the scoop. I use Adobe Acrobat. A lot. Every day, in fact. I know it inside and out and I feel as comfortable with Acrobat as I do with Microsoft Word. I know to use the bookmark features without thinking about it. And I know how to insert comments quickly.

Also, when I bates-stamp documents I renumber the pages to correspond to the bates-numbers and so I can find documents by typing the bates number into the page number query field. Also, I OCR the documents so I can search by text if I need to. The 'scooter article' touches on this point briefly. But the fact is I am constantly reminded of how inefficient paper is. Whenever I watch lawyers fumble with paper I have to remind myself not to feel sorry for them. This is the way that they choose to live their lives. If they think it's better then so be it.

I know lawyers don't like change (who does?). So when they shuffle around with stacks of paper, wearily looking for information, I remind myself not to judge them—quietly offering thanks for the invisible advantage it gives me. It's one that I'll continue to enjoy for a long time.

Saving the planet one scooter ride at a time

Law Technology News just published an article that I wrote called Green Law: Scootering to Revelation. It's about how I became an 'accidental environmentalist' in my quest to use technology efficiently. Well, that and my quest to buy a scooter for no really good reason other than it seemed really cool.

Debating Mac vs. PC in the Legal Environment

The ABA Journal's online version has an article about Macs versus PCs in the legal work environment. The article is written by Rick Georges (PC fan) and Ben Stevens (Mac lover), and is presented in the form of a debate between the two. I find these debates amusing, and largely pointless.

I used Windows computers exclusively for over ten years, but about 4 years ago I started experimenting with a Mac. I found that the Mac was more reliable, and—frankly—a lot easier to use. So I switched most of my computing over to the Mac side. I still run Windows (on my Macs) and am very familiar with Windows operating system and the software that runs on Windows. I would consider myself a 'power-user' of both Windows and Macs. I know many other dual-system power users, and almost none of them assert that Windows is a superior system.

The ABA Journal 'debate article' is pointless because Rick Georges admits that he does not use Macs at all. His argument for not using Macs is predictable: I don't want to have to learn a new system, and I like being with the dominant operating system that 90% of people use. Oh, and he also says "if it ain't broke don't fix it."

With all the respect that is due to someone who has no sound basis to make a valid comparison, I disagree with Mr. Georges. For starters, Windows is broke. And the latest iteration, Vista, is broke real bad. I have several friends who I consider Windows power-users, people whose opinions about technology I greatly admire. And I'm talking about people who don't use Macs and don't want to use Macs. I don't know one of them that likes Vista. Well let me re-phrase that: some of them like the look and feel of Vista and therefore would like it a lot if it worked well and didn't require 4 GBs of RAM. But it doesn't work well, and so most of my PC-only geek friends have either stayed with XP or downgraded away from Vista.

The Vista nightmare is so bad that it's causing people to consider switching to Mac. And in some cases, it's causing people to stop considering switching and just doing it. For example, Chris Pirillo used to be the host of a show on TechTV and used only Windows computers. Recently he decided that he'd had it with Windows and switched most of his computers over to Macs, and he offers 50 reasons to switch.

Yes, it's true that close to 90% of the computers out there are Windows computers. But, it's also true that there isn't always 'wisdom in crowds' (actually, I don't think that there is ever wisdom in crowds but that's another argument). If other people want to use computers that crash all the time, have security problems out the wazoo, and are magnets for malware and all kinds of goofy programs that clamor for attention, then I'm happy for them.

But I'm a lot happier for me—that is, not having to play nurse-maid to a bunch of Windows machines. Well, that's not exactly true either. I run XP on all of my Macs (with an emulation program called Parallels) so that I can use some programs that I need for my law practice. Whenever I start up Windows it acts like a puppy that hasn't been out of the house for a week, jumping around begging for updates, rebooting all over the place, and slobbering about all the new hardware that it's found. "Yes," I say "that's a nice little Windows. Now get your tongue off of my arm and let me get back to work."

Yes, Mr. Georges, you know a lot about Windows. No doubt about it. But you don't know much about Macs other than what you have read or heard, so you really aren't in a sound position to compare. You understand there's a cost in switching, and that's certainly a valid concern. But if your doctor tells you that you have to change your diet or you'll die soon what are you going to do? Most people don't have to change their diet, so why should you? I don't know why should change either. Maybe it's because in the end you'll feel better and be able to get more done?

Just a thought from someone who has actually made the change and actually understands the real tradeoffs.

Digital workflow for lawyers

I'll be speaking to the Lawyers Computer Group on 'Digital Workflow' in a couple of weeks.  The talk is about about using scanners and Adobe Acrobat to streamline your law practice (so you don't feel like this poor guy).

The presentation is at noon on February 13th in the Pan-American Life Bldg, downtown.  To register contact Michael Goldblatt at 504-841-0900, or by email (michaelgoldblatt[at]aol.com).  The registration fee is $15.

The written materials are pretty spare; I'll be posting links relevant to the talk here.  I think you have to register by February 8th if you want a spot.  Hope to see some of you there.

Geeks On Call can help erase incriminating files too

So let's say you're the head of the Office of Special Counsel, a government agency charged with protecting whistleblowers (i.e. people who offer information of government wrongdoing).  And let's say you are being investigated yourself for "improperly retaliating against employees and dismissing whistleblower cases without adequate examination."  The investigators ask to examine your computer hard drive.  But they find it has been wiped clean. What's your story?

Scott Bloch's story is that some of his files were deleted by the tech from Geeks On Call who came to help him get rid of some pesky viruses.  Okay, I'll admit it's suspect. Still it's possible that the Geek accidentally erased a few files in the process of sanitizing his computer.  But, according to the Wall St. Journal, Bloch "had his computer's hard disk completely cleansed using a "seven-level" wipe: a thorough scrubbing that conforms to Defense Department data-security standards."

How much does Geeks On Call charge for a seven-level wipe?  In Bloch's case it was $1,149, but you can probably get it done for less if you don't have a rush request.  So next time you have a question about corporate or governmental document retention policies be sure to call the helpful folks at Geeks On Call.

Providing legal advice information in a humorous way

Now that someone has unlocked the iPhone there are questions about the legality of doing this.  Engadget's legal expert answers those questions, humorously.  Who knew that was even an option?

Give your business 'Google Presence'

In San Francisco I heard a high level representative of Google speak to some real estate folks.  He offered this tip: if you're a real estate agent go online and register with Google so that you show up in local search results.  This great tip applies to anyone in business, not just real estate agents.

So how you do you register?  Simple.  Go to Google's Local Business Center and put in your information and then have Google verify it.  They can verify the information by letter or by phone.  The phone call is immediate.  I just updated my information because Google had me listed with my old law firm.  Even though the verification is immediate (and I mean IMMEDIATE) it can supposedly take a few weeks for the changes to take effect. 

Not doing this (once you know about it) is like saying "I don't want to put my business listing in the yellow pages, even if it's free, because it's too much trouble."  So, now you know.  What are you waiting for?

My faithful guide TomTom

I've long craved having a GPS device for my car.  But the prices seemed too high so I was waiting until they dropped.  I hadn't realized how far the prices had dropped until last month when I was browsing at Radio Shack and came across the TomTom series of devices.  Only $400 for a portable four-inch LCD touch screen unit pre-loaded with maps for the entire United States and Canada?  Hmmmmm.  And it comes with built-in Bluetooth and an integrated microphone to let you make or receive calls hands-free with Bluetooth-enabled cell phones. Yeah, this is starting to make sense.  What else? Oh, you can control your iPod playlists directly from the touch screen.  Okay, I'll take one.

When I got home I told my daughter Bridget that I got this device for her, since she was learning to drive and often had trouble finding her way around town.  Of course, that was true as well.  But let's face it: I had suffered a major 'impulsus purchasum' and now I was getting ready to have to face the truth that my new device might be something I rarely used, other than on road trips or out-of-town ventures.

I pulled the small device out of the package and turned it on and it was ready to go. I selected a lovely female British voice to read me my directions and set off to tool about town.  I chose a route to the local hardware store and noticed that Amanda picked a route I wouldn't normally take, but I followed it anyway since the display said that was the 'fastest route.'  It worked out fine.  After I finished shopping I got in the car and selected the big 'HOME' icon.  The proposed route was not one I wanted to follow so I decided to ignore Amanda's directions and drove to Magazine Street.  At first Amanda kept trying to steer me back to her preference.  But once I got to Magazine Street (a main artery) she immediately adapted and offered me the route that I wanted to take.

There is a lot to say about how amazing this device is.  The "points of interest" feature deserves special mention, because it turned out to be something that I use a lot around town.  Basically, you can tell the device to keep track of various kinds of POI's such as restaurants, gas stations, casinos etc.  You wouldn't think that this is a feature you would use in your familiar surroundings.  But you actually might.

I use it when I'm looking for a restaurant to go to and can't think of some place to go. Just ask to see restaurants nearby and review the list.  The only bad thing is that it lumps together fast food places with regular restaurants, but I'm sure that they'll fix that in some future edition.  And I noticed that the device didn't have some of the newer restaurants.  That required tweaking as well, but it's not a big problem to tweak the device.

You can update the mapping information by simply downloading it from the TomTom website.  The first update is free, and after thatn you pay a small fee.  You can also download maps for Europe for a fee, although the higher priced models come with European maps pre-installed.  Also, you can download 'celebrity voices' such as John Cleese's to use as your preferred voice.  Can you imagine driving around in London with John Cleese giving you directions?  Come on.  Does technology get any better than this?

The GPS devices are nice in your own city, but when you take them on the road they totally rock.  And, frankly, this is the reason I would never buy a built-in GPS for my car.  I want to be able to take my device with me wherever I go, and use it in rental cars if I want to.

This week I'm driving in the Southeast looking at colleges with my daughter Bridget, and having the GPS is a godsend.  I'm glad that I got familiar with the device before I took the trip though.  As I said, it's easy to use (you could almost just plug it in and take off on a road trip, but some things take getting used to).  The device is good at warning you ahead of time that you need to be in the right lane or left lane to make an exit, but it's nice to have a good feel for how it works so that you have a maximum level of comfort when you are in a completely unfamiliar place.

Yesterday I was on the phone with a client who happened to call just as I was reaching a critical turn point.  I had no problem listening closely to what he was saying and also following the directions given to me by the device (although I turned down the voice volume and just followed the visual cues on the display).  Having used this tool for a couple of days now I can safely say that I will never take an out of town trip without one of these devices again.  I rank GPS devices up there with cellphones and wifi technology as far as life-altering innovations go. 

I will say this, though.  If I had it to do over again, I'd probably get the Garmin Nuvi.  It's a little more expensive but it seems to be the clear preference of a lot of techies out there.  And I've noticed that my TomTom often takes too long to find the satellites when it first powers up.  So, there you have it.  If you are even remotely contemplating getting one of these devices then here are my recommendations:

• Don't get a car with this device permanently installed
• Check out the Garmin Nuvi devices
• Consider getting a device that you can use in the car or hold in your hand (so you can use it in places like New York, or Chicago where you are walking around etc.)
• Practice using it before you take it on the road.
• Bluetooth is nice, but not essential.  I don't really need to listen to my iPod through my GPS device or make hands free phone calls.  But maybe you do.

Last night I was talking to a fellow who is a pilot for the Air Force and flies, literally, all over the world.  We were talking about how cool GPS is, and yet how it does diminish your sense of 'situational awareness.'  By that he meant that he often flies across places in Eastern Europe and has almost no sense of where he is because he doesn't have to know.  I experienced that sensation as we left the University of Georgia yesterday.  The device powered up as I was lost in the middle of the Athens campus and quickly guided me out of town toward my destination of Charleston, South Carolina. 

I went from a strong awareness of being in the city of Athens, which I knew was an hour east of Atlanta, to having no idea where I was as I weaved along a lovely two lane highway.  On the other hand, I felt safe and was left free to admire the scenery.  The display constantly updated to tell me how many miles I was away from the next turn point, how long until I arrived at my destination, and what my estimated arrival time would be. 

Being on a backroad highway is heaven, but it's even more celestial when you are aided by a state-of-the art GPS display.

Great tech Conference in Mississippi

I just got back from a really great Tech Conference in Jackson, Mississippi.  To be honest, I was kind of uninspired in getting ready for the conference, which is a terrible thing to say.  After all, this was the Mississippi version of the so-called 'Tech Revival Conference' that Tom O'Connor and Gayle O'Connor spearheaded here in New Orleans a few months ago.  The conference was a nominal cost event designed to help legal practitioners affected by Katrina.  The attendees came from all over Mississippi, and many (obviously) came from the coast.  I can't really say why I was uninspired.  It was probably a lot of things, including general malaise (you know how sometimes you have something you love to do and you do it all the time and then one day you just find it hard to get psyched to do it?)

Anyway, as I made the three hour drive up to Jackson I was thinking of how to approach my presentation on Adobe Acrobat (I was co-presenting with Rick Borstein).  I was making mental notes and trying to get inspired when, suddenly, it started raining hard and the road began to disappear.  I noticed the temperature dropped quickly too.  I thought to myself, "first things first.  Find the road, then the hotel, and THEN worry about finding inspiration."  Once I got to the lobby of the Hilton and ran into familiar faces like Tom Mighell, Hunter Twiford, Rick Borstein et al. and my mood lifted a bit. 

We all drove out to a Catfish joint called "The Cock of the Walk." (what do roosters and catfish have in common, you ask?  I don't know). I sat by Rick Borstein, the Business Development Manager for Legal Markets, and we talked about how we were going to handle our presentation.  But we mostly talked about tech trends and other cool stuff.  I always love to learn about technology from people who are immersed in it the way that Rick is.  Adobe, as you might guess, is a completely paperless company and how they handle workflow is completely different than most of the companies I'm familiar with.  Being a paperless company, and a high-tech company, people are able to collaborate easily even though they live in different cities.  I find that sort of thing fascinating.  Okay, I know: I'm a geek.

The next day was the seminar, an all day affair that started at 7:30 with a roundtable on E-Discovery (moderated by Tom O'Connor) that I was asked to participate in, along with notables like Ross Kodner, Tom Mighell and Hunter Twiford.  The attendees at the conference were keenly interested, which is not usually the case at a legal conference, especially at the 7:30 programs.  There were over 200 lawyers and the room was packed.  I looked around the room and didn't see any open newspapers, or patches of distraction.   Everyone was sitting up with their eyes forward, full of anticipation and curiosity.

I felt inspired.

The round table was somewhat leisurely and produced a lot of good audience questions.  Then, after that it was rapid-fire stuff.  Rick and I presented our "how to use Acrobat in your legal practice" thing, and Rick spent a lot of time showing the new Acrobat 8.0 (just released).  I was supposed be a good co-presenter and chime in with timely observations, but I got engrossed in seeing Rick show off the new features. So I mostly bumbled along.  If you have a chance to see Rick present then grab it, but meanwhile check out his Acrobat blog.

After my presentation I was free to roam, and so I spent time checking out the vendor booths.  I got to talking with the guys from Onsite E-Discovery, and I have to say I really like these guys.  I know the head of the firm, Rob Robinson, and Winslow Chapman, who is the business development guy.  I talked to Winslow and Tom Strack about E-Discovery process.  They know this stuff from the atomic level to the forest level, and I learned a lot from chatting with them.  You would too if you had the chance.

I also learned a lot by talking to Jim Province, a/k/a The Tablet Lawyer. Jim lives in Seattle and practices law in a small community, but his side gig is selling tablet PCs to lawyers and training them how to use them in the practice of law.  I never really understood the value of using a Tablet PC in the practice of law until I spent time with Jim. He was showing me a Powerpoint presentation on his Tablet and occassionally he'd highlight a word or circle it in red, or scribble a thought to emphasize a point.  My jaw dropped and I asked him how he did that.  He showed me how easy it was (it's built into the Tablet version of Microsoft's OS).  As he was showing me a bunch of other cool stuff a tall swaggering lawyer came by and saw what was going on.  His jaw dropped. 

I explained to the fellow that if he wanted to try out the Tablet, James would let him borrow one for a week or two to see if he liked it (which I had just learned a moment before as I was trying to reel my jaw up).  The guy said that he worked for a big firm and he'd love to be able to use something like that in trial, but his IT department said they would only support Dell machines (this was a "Motion Tablet").  I explained to the fellow that the reason the IT guys said that was to make their lives easier because they didn't want to have to troubleshoot a wider spectrum of problems than they already had.  But then I told him a 'dirty little secret' about the IT department.  I told him that they're geeks, and all geeks like to play with cool new technology so if he takes them aside and says "hey let's start a 'pilot program' to see if this can work for a lawyer" they'd certainly agree to let him try the Tablet.  Hey, if James is willing to let him try it for a few weeks for free, and train him how to use it in the practice of law, then why wouldn't he do that?  Why wouldn't anyone?

I know why.  They haven't met James Province face to face.  James is one of those people that I rarely encounter. He's jovial and completely patient, which is deceptive.  I tend to assume such people are not as sharp as people who are more aggressive and 'in your face.'  James is definitely sharp, and he is doing something that he loves and knows how to do well.  He's one of those guys that a judge who is reluctant to let a lawyer use new technology would completely trust.  I have to say I'd trust James with more than just technology.  I don't know how quite to describe it, but he's just a really good guy and I hope to keep up with him, even if I don't buy a tablet (but I have to admit I'm totally intrigued now).

I also had a good talk with Jim Calloway about some ideas to help the Louisiana Bar Association.  Jim is the Practice Management Consultant for the Oklahoma Bar Assn, and has got a great sense of humor and strong grasp of legal technology (two qualities that you rarely find in one person).  I met a lot of nice new people at the seminar too, not the least of which was Larry Houchins, the Director of the Mississippi bar (and I'm not just saying that because he likes Apple computers, either).  Tom and Gayle O'Connor and Hunter Twiford deserve a lot of praise for setting up this conference. The attendees obviously enjoyed the hell out of it.  And, even though I started out feeling uninspired, I did too.

This Week in Law Podcast #1

The inaugural episode of of TWIL (aka 'This Week in Law'), hosted by Denise Howell is available here.  I'm one of the panelists, along with John Palfrey and Catherine Kirkman.  This week's guest is Hank Barry, the former CEO of Napster and also a former partner of the prestigious law firm of Wilson, Sonsini.  Hank is now a Venture Capitalist and has some provocative observations about the effect of laws like the DMCA on start up companies.  We also had a nice discussion of the possible legal woes of YouTube, but this was recorded before the Google acquisition.  The next TWIL netcast, which we recorded last Friday, spotlights Mike Arrington of TechCrunch, and will feature discussion of the Google acquisition of YouTube since Mike was a source for the Wall St. Journal's pre-announcement scoop.

So  tune in and send us your comments and criticisms.  We're all about feedback, be it positive or negative.  And if you have suggestions for topics or guests please send those along too.

E-Discovery Seminar this Friday

The Louisiana State Bar Association is hosting a presentation on Electronic Discovery this week.  Fear Factor: Electronic Discovery Law and Practice is being held this Friday (the 13th) at the Loews Hotel, and will provide 6 hours of CLE (including 1 hour of Ethics).  I'll be speaking on the first two panels.  If you want to learn more about E-Discovery then make plans to attend this one day seminar, which features a number of well-known local judges and practitioners.  You can register online if you'd like.

Update: I've collected some useful online articles on the topic of E-Discovery and Metadata (just click to see them).  These links will be updated constantly, so you may want to bookmark them.

Learn better communication from...comic books?

Some people use Powerpoint well, but not enough people.  Some people excel at communicating effectively without Powerpoint, but --again-- not enough people. 

To learn more about crafting presentations read Presentation Zen, especially the post about Learning From The Art of Comics, which talks about Scott McCloud, a fellow who wrote a book about how to create comics.  Many people would instinctively assume that such a book would offer them no assistance in creating effective presentations.  The people who would assume that are the ones who most need to read the book (and the post).   Compelling presentations are hard because you have to (1) distill information and then (2) add sparkle to it.  Most people fail at step #1.  If you can just master that step then you're in an elite group.  It's a group that has more comic book writers than lawyers, that's for sure.

Scott Adams, creator of the Dilbert comic strip, recently revealed the secret to writing a bestselling book: "Say what other people are already thinking, but say it better than they are thinking it."  That's good advice for any kind of presentation, whether it written or spoken.  Essentially, you connect with your audience by refining the hazy, ill-formed thoughts that are swirling around in their heads. So, just learn to do that. 

Then add sparkle.

Podcast of me and my blawger friends

Last week's episode of Coast to Coast, hosted by J. Craig Williams and Bob Ambrogi, and featuring Howard Bashman, Denise Howell, and me as guests.  The topic was "Blawgging at Big Law Firms."  Hopefully, I didn't offend anyone by using the word 'whoopass' at the end of the show.  I think it worked in that particular context, but what do I know?  For more great law podcasts visit The Legal Talk Network's site.

Craig Ball - an amazing lawyer, an amazing presenter

As I mentioned earlier, I came to South Padre Island (the southernmost tip of Texas) to speak at a CLE program sponsored by the Texas State Bar Association.  I met some great people, including one of my former students from the days when I taught Moot Court at Loyola Law School.  High on the list of rewarding encounters was getting to know Craig Ball better.

I first met Craig at a TechShow (the Legal Technology conference held every year in Chicago) and I got to see him present three times.  Each time he was very informative, and --most importantly-- highly engaging.  One of his specialties is teaching lawyers how to use PowerPoint more effectively.  Craig's use of PowerPoint is so captivating that it can't be described.  But when you see him present you can't help but sense that you are watching a master craftsman.  Craig used to be a plaintiff's lawyer, where his sharp mind and compassionate demeanor made him very successful.  So now he doesn't practice law; he just teaches lawyers stuff: PowerPoint, Electronic Evidence, Computer Forensics etc.  If you are looking for a sure-fire, dynamic speaker to enliven your audience of legal professionals then I would urge you to consider contacting Craig Ball.

I had a chance to have dinner with Craig the first night I arrived in South Padre and I learned a lot about him, not as a clever lawyer but as a person.  Craig has one passion in life: helping people to understand things that he believes are important.  At the CLE seminar he was asked to speak about Computer forensics, which at its most elemental level requires an understanding of how data is stored on a computer hard drive.  At the beginning of his talk he announced that he was going to make a bet that he'd take the most computer unsavvy audience member and make them feel like they actually understood how a computer hard drive stored data.

He then proceeded to give a highly entertaining presentation, cleverly animated of course, that showed how magnetic forces are used to create binary conditions on the physical platter that we call the computer hard drive.  I would have bet hundreds of dollars against Craig's challenge.  And I would have lost.  Not only did an entire audience of lawyers (me included) grasp the intricate physical method by which data is stored, but we were completely entertained by the explanation.  And Craig made it look easy (which of course it was not).

Craig left town shortly after his presentation and I stayed to spend time at the beach.  While I was at the bar getting a drink I overheard one of the conference organizers (a federal trial judge) talking about Craig's presentation.  He said that Craig was one of the smartest and most interesting lawyers he'd ever seen.  I agree, and I'd add that he's also one of the nicest lawyers I've met.  It's too bad he doesn't practice law anymore because I'd love to watch him try a case. 

But not if I was his opponent.

How New Orleans flooded during Katrina

Check out this amazing animated graphic.  Today's local paper had a full page print version, which is a compelling visual timeline of how New Orleans filled with water during Katrina.  Yes, during.  We never dodged any bullets.  The levees gave way almost immediately.

But back to the graphic.  Think about how hard it would be to convey this information in a narrative summary.  You could convey the information but it wouldn't stick in people's mind very easily. The animated graphic makes it easy to understand when and how the flooding occurred.

These sorts of visual displays are not as hard to create as you might think.  If you know how to use Microsoft's Powerpoint program, you could easily create something like this.  Do most lawyers know how to use Powerpoint for anything beyond creating headings and bullet points?  No, but they should.   Lawyers who choose to attend the Tech Revival program at the Sheraton on Monday May 22nd will learn Powerpoint from Craig Ball, and they will leave with a new weapon in their arsenal: the power to create stunning visuals that make complex information easy to understand.

Tech Revival Conference - May 22nd & 23rd

The two day tech conference is less than two weeks away.  On Monday and Tuesday May 22nd and 23rd leading luminaries in the legal tech world will come to New Orleans to offer their assistance to local lawyers.  This conference is free and there will be hundreds of dollars of software giveaways so it behooves you to register and attend this conference.  You'll pick up 14 hours of CLE and --more importantly-- some head-spinning tips on how to better use technology in your law practice.  I've heard from Tom O'Connor that some of the lawyers who have registered are currently displaced and are coming back to New Orleans just to attend this conference.  They'll be very pleased that they made the effort to come.  What are you waiting for?  Click here to read about the program and scroll down and click on the 'sign up' link.

The secret to successful use of technology in a corporate setting

It's sad how much money is wasted on technology.  If you need transportation and you buy a car then you aren't wasting money.  But if the car doesn't run properly so that you don't use it then you have a problem.  Corporations buy lots of technology. Amazingly, most of that money is wasted because they don't know how to use technology properly.

What's the secret to using technology well in a corporate world?  I don't really care, because I gave up on the corporate world.  But, if I ever went back to that world, then it would have to be a company that understands this principle.

Upcoming seminars I'll be presenting

In the next few weeks I'll be getting ready to give some talks in Texas, Florida and here in Louisiana.  On May 26th I'll be speaking at a two day CLE seminar in South Padre Island Texas.  My talk will be on "Securing Your Information/ Post-Katrina Measures."  On June 6th, I'll be in Destin Florida at the Louisiana State Bar's Summer Program talking about Electronic Evidence.  Actually, it will be a panel presentation and Magistrate Judge Karen Roby from the Eastern District of Louisiana will be moderating.

May 22 and 23rd is the two day seminar here in New Orleans designed to help solo lawyers and small firms use technology more effectively, and I'll be posting more information about that seminar in the next few days, but for now you can visit this link for more information.

TechShow 2006

I went to Chicago last week for TechShow 2006 and, as I expected, it was a great learning experience. If you haven't been to this event then you should make plans to go next year.  It's two and a half days of intense learning and networking.  The leading technology lawyers are all there and it's just a really great atmosphere.  I've always wanted to learn more about Powerpoint and so I went to a session conducted by the highly-touted Craig Ball.  I was blown away with his presentation.  There are so many things that can be done with Powerpoint to communicate more effectively, especially in the legal realm. 

I'm sure I'll be back at TechShow in 2007, and if you want to learn how to incorporate technology into your law practice to be a better lawyer then you should consider going too. TechShow 2007 will take place March 22-24, 2007 at the Chicago Sheraton Hotel.  Mark your calendar.  And, if you are looking for some good quick tips, read the TechShow blog.  And, for a good summary of this year's TechShow read this article.

Law + Tech = TechShow in Chicago

I'm off to Chicago for the ABA Law Practice Management Section's flagship program: TechShow 2006.  This is my third year going, and this year I'm not speaking so I'll have optimum ability to see all the great programs.  Well, a lot of them are simultaneous tracks, so I'll still struggle in choosing between the many great offerings.  I've made a lot of great friends at TechShow over the years, and I'm looking forward to seeing most of them there.

Bob Wiss and Greg Krehel, the co-founders of CaseSoft, are high on my list.  My first foray into legal technology began when I downloaded a 30 day free trial version of CaseMap, which was then and still is the only trial organization tool for lawyers (I can't imagine doing litigation without CaseMap).  After I started using CaseMap I subscribed to the email discussion group and learned about using PDFs and deposition transcript management programs.  I learned about Activewords and then met Buzz Bruggeman, who showed me what blogging was all about.  Once I started blogging I met all kinds of people: Dennis Kennedy, Tom Mighell, Craig Ball, Jim Calloway, and so many others that my head spins when I think about it. 

Anyway, I'm excited to be at one of the premier legal technology events.  And I'm looking forward to May 22nd and 23rd when New Orleans will have its own top-notch legal technology event.  My friend Tom O'Connor has been tirelessly getting sponsors and speakers to put on what I like to call a 2 day technology boot camp for lawyers.  Today, I learned that one of the speakers at our event will be none other than Harry Anderson, the actor from Night Court, who has a nightclub in New Orleans (read PDF press release).  This event is going to help a lot of New Orleans area lawyers, and I hope that it is packed to the gills.  For more information on registering click here.  Donations are going to go to the Louisiana State Bar Association.  So, to say this is a good cause, is a massive understatement.

E-Filing comes to New Orleans Federal Court

Today I went in for my training in E-filing for the Eastern District of Louisiana.  Anyone can sign up for the training, after which you'll be allowed to file electronically in the Eastern District.  The training session lasts for just under 2 hours and it is very informative. I figured that I wouldn't learn anything all that useful, but I was amazed at how much there is to learn besides the basic filing techniques (which are pretty easy once you get the gist of the system).

One aspect of the training covers the "query functions" (basically PACER), which I thought I knew.  The "related transactions" link in PACER was something I had never explored.  By clicking on that link you can group filings together, so that you can view links to the complaint and all the associated answers together.  It's an excellent visual cue as to which pleadings have not been responded to.  You can also have the system calculate the due date for things like answers to complaints.  And you can query the system for all pending motions and deadlines. What attorney wouldn't like to be able to do that?

For information on signing up for training click here.  The first two training classes are already booked.  Just be sure to download and fill out the attorney registration form and bring it to your training session.

Tech Seminar for New Orleans area attorneys

On May 22nd and 23rd there will be a seminar in New Orleans to help New Orleans area attorneys (well, actually any attorneys in Louisiana who can make it to the seminar) figure out how to use technology to practice law more effectively.  Here is the initial press release. (pdf)

I'm involved with this great project, mostly helping Tom O'Connor who is the mastermind behind this seminar.  We haven't finalized the topics yet but the idea is to have 3 sessions per day, and to make the sessions as interactive as possible.  We are going to get top notch people from around the country to come talk about things like using Powerpoint effectively in litigation, using Outlook to manage case and contact information and using PDFs in litigation.

We are still looking for sponsors to help underwrite the expense of this two day seminar, which is going to be offered at no or little cost to LSBA members.  If you are interested in sponsoring the event or in getting involved let me know.  And if you are interested in learning how to use technology in your law practice then mark May 22 -23 on your calendar.  The event will be at the Sheraton in New Orleans.

The paperless law office

I understand Adam Spence.  Too bad more lawyers don't understand people like him. 

Great blog for legal tech tips (and for admiralty law)

Adriana Linares trains lawyers to use technology and travels around the country --and even out of the country-- to perform her magic.  She started a blog recently called I Heart Tech that's engaging and very informative.  I agree with Marc Marling that Adriana is "smart, talented and cute and... knows her way around a computer."  So check out her blog if you want some clever technology tips.  And check out Marc's blog if you want to keep up with maritime law.

Thanks to Jim Calloway & Ross Kodner

My good friend Jim Calloway came to town yesterday for a seminar designed to help lawyers rebuild their practice after Katrina.  Jim is a lawyer from Oklahoma who knows a lot about using technology in the practice of law.  He's currently the Director of the Oklahoma Bar Association Management Assistance Program. 

I just saw Jim's one hour presentation, entitlted "Technology Triage," and it was magnificent --which I expected since I've seen him speak before and he's always entertaining and informative.  By the way, if you know any lawyers in Lake Charles you might let them know that he's doing the same presentation there tomorrow, Friday the 13th (as part of the same overall CLE program sponsored by LSBA).  It will be at the Best Western Richmond Suites Hotel at 2600 Moeling Street.  I think it starts at 8:00 am, but you might call the LSBA if you have questions: (800) 421-LSBA(5722).  The program is FREE!

The cost of Jim's appearance in Louisiana was underwritten by the Oklahoma Bar Association, which brings to mind an important point.  A lot of Louisiana lawyers were flooded with offers of assistance right after Katrina.  Now that things have calmed down and people have returned to the city, it's easy to think that the offers of assistance have dried up.  They haven't, and Jim's appearance here is but one example of that.  Another person who deserves praise is Ross Kodner who was primarily responsible for setting up HelpKatrinaLawyers.org. That site is still up and many lawyers are still being helped by Ross.

So let's all give a silent bow of thanks to Messrs. Calloway and Kodner. 

Wi-Fi in traffic court = quick win for laptop toting defendant

The defendant was in traffic court faced with the charge of making a wrong turn off a one-way street (which was actually a two-way street):

The Judge stopped and asked me how could there be an oncoming vehicle if the street was only one way. I stated that it was indeed a two way street. The officer reiterated that it was only a one way. So who was the judge to believe? I was desperate for proof so I did the unthinkable: I whipped out my notebook. I was very lucky to find an extremely bad connection via Wi-Fi. I pulled up Firefox and went to maps.google.com.

Read the whole account here.  (thanks to Tom Mighell for covering this in his wonderful weekly Internet newsletter).

Tech Committtee Chair of LSBA

I'm really excited that I've been asked to serve as the Chair of the Technology Committee of the Louisiana State Bar Association.  The LSBA has a great website and a wonderful person who runs it (Darin Trittel).  Of course, anything can be improved and so one goal will be to find ways to deliver better member services through the website.  Other goals need to be defined by the committee (which is in the process of being newly constituted), but there's obviously a lot the LSBA can do to help our attorney-members use technology to practice law more effectively and serve their clients better. 

So that's what we will be trying to do.

E-discovery - does anybody really know what it is?

I mentioned in a recent post that E-discovery is a hot topic these days.  At the recent LegalTech conference that I went to there were swarms of E-discovery vendors packed into the exhibit hall booths.  And people were actually flocking to talk to them.

Why is E-discovery so hot?  First, lawyers are getting sanctioned for mishandling E-discovery.  Second, and this ties into reason number one, it's completely incomprehensible to most lawyers.  Most of them understand that the 'E' part refers to 'electronic' and that it's important to try to get at people's E-mails.  But is that simple notion the key to understanding E-discovery, or is there something more?

Apparently, there is.  Or else Morgan Stanley wouldn't have been subject to such an onerous sanction for supposedly mishandling E-mail discovery (i.e. the judge entered a partial default judgment against Morgan Stanley; how's that for a sanction?).  The problem in Morgan Stanley was that not all the E-mails got turned over.  Why?  Was it because the lawyers were trying to deceive opposing counsel?  Maybe.  More likely the attorneys simply didn't understand how to gather electronic information.  To properly gather electronic information you have to know some important things about the forms in which it can reside and the technical methods by which it is gathered.  Let's look at how the judge in the Morgan Stanley case described the problem: 

The [sanction] Order outlined the discovery abuses ...They included MS & Co.'s undisclosed discovery of the 1,423 "Brooklyn" tapes no later than May of 2004; the undisclosed discovery of the 738 8-millimeter backup tapes in 2002; the presence of unsearched data in the staging area; the discovery of 169 DLT tapes in January 2005; the discovery of more than 200 additional tapes on February 11 and 12, 2005; the discovery of a script error that had prevented MS & Co. from locating responsive email attachments; and discovery of another script error that had infected the ability to gather emails from Lotus Notes platform users.

How many of attorneys do you think are even passingly familiar with the underlined terms?  I'm going to out on a limb and speculate that there were some lawyers making key discovery decisions in the Morgan Stanley case who didn't understand electronic information.

I'm not saying they weren't good lawyers.  Let's just say that this is an example of what Alvin Toffler called Future Shock.  Four or five years ago most lawyers could get by without knowing anything about electronic discovery.  Today, it's suddenly of paramount importance.  How was the average lawyer supposed to have anticipated this development?

It doesn't really matter.  The world has suddenly changed, and future shock has set in.  And now, apparently, E-discovery is going to be critical in many cases --especially commercial cases or cases that involve lots of electronic information.  Or maybe even in cases that don't involve lots of electronic information, just some digital information.

Who's going to teach these lawyers what they need to know?  Hint: the teachers are not among the rabbit warren of E-discovery vendors that you find a typical law-tech trade show.  At the recent LegalTech event in Los Angeles I almost had my arm pulled off by a guy who came up to me at the bar and asked me with a supercilious smirk if I knew what "the first thing I had to do if I had an E-discovery case."  He obviously wanted to prove that he had superior knowledge about how to handle my hypothetical discovery problem.  Sensing that I was supposed to confess ignorance, I did.

"Please tell me what 'the first thing I should do' is," I deadpanned.

His face became slightly less disdainful, and more sympathetic as he feigned concern for my plight. "De-dupe, man.  You've got to de-dupe, right?"

He then went on to explain that his company, which was clearly the industry leader in E-discovery, provided the de-duping service for free.  "Hey, okay, I give up.  Where do I sign?"

To be fair, that guy was drunk --and probably not the best example of most E-discovery vendors.  I think that most of them are trying to provide what they see as a needed service, and there is a need for those kinds of services.  And, removing duplicates (i.e. 'de-duping') is definitely important.  But, even granting that most E-discovery vendors are responsible and want to help attorneys do their discovery properly, what's the thing we attorneys most need to understand about E-discovery? 

I think it's safe to say that if E-discovery is really important (and it's going to be in an increasing number of cases), then it is best for lawyers not to blindly rely on the E-discovery vendors to educate them about E-discovery.  I think it's pretty obvious why that's the case:  If a problem arises in the discovery process and a judge is threatening sanctions, is the judge going to back down when the lawyer says he was 'acting in good faith and following the guidance of an E-discovery vendor?'

Not likely.  And it's not likely that the lawyer's client is going to be beaming with pride if that argument gets made in open court either.

So clearly we have a problem with lawyers not understanding technology, but there's really a larger problem that is being masked by the focus on technology.  The problem is not so much with the introduction of technology into the discovery process.  The problem is that the introduction of technology has confused us to the point where we have lost sight of the key objective of discovery. 

In E-discovery the objective is the same as it is in regular old paper discovery: i.e., to find damaging information about your opponent as quickly and efficiently as possible, and then use it against them  At the same time, you want to identify damaging information about your client before the other side does.  This is basic stuff.  The trick is to accomplish this while sifting through digital data.  And that's where the sloppy thinking comes in.  Many lawyers will say, "oh, I know how to do electronic discovery.  I'll just ask the other side to produce their emails." And that kind of assumption often takes them right past a whole realm of potentially useful information.

That's because digital information doesn't just reside in E-Mails stored on corporate servers.  It also tends to exist in recipients' corporate servers, in backup tapes, in personal archives, and in laptops with access to POP3 email accounts.  And 'digital information' includes more than just E-Mails.  There are PDAs, voice-mail messages (some that get delivered in E-mails), instant messages, thumb-drives, and host of other places where useful digital data might be found.  So the first job is identifying the range of data that you are looking for. And, then (and this is the most important part), you have to prioritize your search to key-in on places that are mostly likely to contain the data you are looking for.

The days of mindless, paint-by-numbers discovery are over.  The world has changed, and systems that worked in the old world need to be re-evaluated. Electronic discovery is most dangerous for attorneys that are used to off-loading ministerial case-management tasks to paralegals and other non-attorney assistants.  Key decisions have to be made about how to organize and filter electronic information.  Paralegals are wonderful people, but they shouldn't be primarily responsible for making important decisions about how to handle discovery.  Well, sadly, in some cases maybe they should.

Consider the observations about modern discovery that a young legal professional sent me recently by E-mail:

I just happened to read your weblog entry about e-discovery and couldn't agree more about its importance .... It's actually the big thing on my mind right now. I'm working at a firm right now helping sort through a Summation database of about 200,000 records, and as someone with a lot of database experience and three years of law school I could quickly see that the way they are doing it is almost exactly wrong. They're using a 'brute force' method--have paralegals attempt to read and summarize every single document, when what would make way more sense is to have a knowledgeable clerk or attorney quickly rate and sort the material for relevance first.

Yes, we've grown accustomed to brute force efforts in discovery.  But now, more than ever, we need less brutishness, and more intelligence.  We lawyers are, after all, practicing a learned profession.  So maybe, given that technology has changed the world that we were familiar with, we need to re-evaluate our methods.  Maybe we need to learn some new things.  I know I do.

By the way, if you want to learn more about electronic discovery I highly recommend Michael Arkfeld's blog Electronic Discovery and Evidence.

LegalTech 2005 - Hot Tips!!!

Lots of hot tips came from LegalTech, many of which were not new to me.  Here are three that completely rock!  Okay, the last one was not something I learned at LegalTech, but it's still cool, so check 'em all out.

1. Anagram - I knew about this program from my friend Buzz, whose company makes Activewords (more about that later).  Anagram is free to try for 45 days and, believe me, after you try it you won't be able to live without it.  It's $19.95 after that, and it's worth 5 times that amount easily.  Here's what it does.  You can highlight and copy the contact information at the bottom of someone's email to you (or from a webpage, or anywhere really) and have that information pop into Outlook's contact manager.  It also works with Palm Desktop, but only on Windows (so no good news here for Mac users).   If you don't have the Palm Desktop, remember it's a free download and if you put information in the Palm Desktop you should be able to export it quickly to other programs.  If you care about managing contacts, or about marketing, then you need to use Anagram.  Oh, and it works for adding appointments too.  Look, stop reading this and just go download the free trial.  Then, make a note to thank me later.
2. Accurint - is a fast, inexpensive way of locating people.  It's not available to everyone, but most lawyers can qualify for an account if they have a legitimate business purpose.  Accurint is run by Lexis/Nexis.  I think the individual searches are less than $10/per search, which is very affordable if you are looking for an elusive witness, or potential defendant.
3. Activewords - I already knew about this, but maybe you don't.  It's another efficiency tool that is free to try for 60 days, after which you will become addicted and gladly pay the $49.95 for the Plus version, which lets you use an Outlook plug-in (scroll down).  It's hard to describe what Activewords does, but I tried when I first started blogging and that's still my best explanation.  Here's the PC World article that talks about it.

Errata from LegalTech (not mine, some other guy's):

One well known presenter at LegalTech, for whom I have respect and therefore won't refer to by name, was talking about Wireless networking and about increasing security by 'MAC filtering.'  He explained what a 'MAC address' was, saying that 'MAC' stood for 'machine readable code.'  I wrote that down in my notes because I was sure it was wrong, and when I got home I checked to verify what MAC stands for. 

I know at this point I'm talking to only two or three complete geeks, but MAC refers to media access control, not machine readable code.  It's a little thing, but then if you are going to define a term for an audience you should at least get the definition right.

LegalTech - Preliminary Thoughts

I'm back from the LegalTech conference in Los Angeles where I met some great people and learned a lot about technology, mostly stuff geared for lawyers and legal professionals.  I plan to post my impressions over the next few days, but here are some preliminary thoughts.

Conferences like these are attended by tech-savvy people, and not all of them lawyers.  A lot of attendees were from the tech departments of mid-sized to large-sized law firms.  It's too bad that more lawyers don't attend conferences like this one: there were several great programs that required no special tech-awareness.  In fact, the session about 'Coping with E-Mail Overload' was one of the most useful programs I've seen recently.  Obviously, you don't have to be a techie to understand that E-Mail is something that needs to be carefully managed.

But as I said, there were a lot of tech-savvy people at the conference.  So I spent a lot of time listening to their observations and I came away feeling like there were some recurrent themes:

1. E-Discovery is hot, hot, hot. The vendor's hall was teeming with people promising to solve attorneys' E-Discovery problems.  Of course, the biggest problem for an attorney faced with the problem of discovering digital information is figuring out a good strategy in the beginning of the case --i.e., one that takes into account inevitable tech-intricacies at the same time that it considers cost-effective ways of zeroing in on the truly key information, regardless of whether it is in digital form or not.  Sadly, you can't hire a vendor to develop a litigation strategy.  And, in that vein, the best advice came from Bruce Wessel of Irell & Manella, who told lawyers at one of the keynote presentations that if they don't understand technology then they should find a young attorney in their office who does understand it and get them involved in the discovery process.
2. Training is desperately needed and almost completely overlooked.  People who deal with lawyers and legal professionals understand better than anyone that technology is particularly frustrating to that group of people. When you are busy meeting deadlines and keeping track of billable hours, you don't want to have to allocate time to learn about software.  And, yet, much of the software that we use would allow us to leverage our limited time better if we only took the time to learn how to use it properly.  Obviously, we need help or we'll waste even more time trying to learn. Trainers, especially those who have experience in the legal field, can get us where we need to be.  But, unfortunately, very few law firms grasp the importance of proper training.  Inadequate training is the source of most technology problems that impede efficiency.
3. Email is out of control.  Everyone at this conference is adept at dealing with technology, and yet everyone agrees that E-Mail is not being managed properly.  Spam gets a lot of press, but the real problem is more insidious: people don't know how to manage the stream of regular, non-spam E-Mail that they get.
4. Fast searching is the Next Big Thing.  People have too many documents to deal with and they don't have time to file them properly.  Even if they do file them according to some system, they still need to be able to find information quickly without stopping to think about where it might be.  Google has taught people the joys of broad searching, and has even brought that power to the desktop with Google Desktop.  Other similar systems include X1, Copernic and Apple's Spotlight technology.

Most of the lawyers who attended this conference would be regarded as tech-savvy, and yet, as I learned, many of them did not have any background that would have pre-disposed them to be adept at using technology (I suppose I fall in that category, being a Philosophy major prior to going to law school).   Interestingly, many of these lawyers --especially some of the older ones-- remarked that the thing that made it possible for them to embrace technology was something that their parents (usually their mother) had urged upon them: i.e., typing skills.

I've noticed that the first marker buoy in the so-called digital divide is based on typing skills, or the lack thereof.  Most current technologies require some form of keyboard entry (e.g. E-Mail), and lawyers who lack typing skills are at a slight disadvantage.  Well, it's a disadvantage that used to be slight.  Five or ten years from now it will probably be a huge disadvantage.

Productivity with Technology: Figuring out what's possible is the hard part

The other week when I was in New York I had the chance to meet Bruce MacEwen and his wonderful wife, Janet.  Bruce and Janet are really interesting people and they are very passionate about what they do.  Bruce does strategic consulting for law firms (he is an attorney and did securities work for many years), and he's a major techie.  His wife Janet does marketing.  They both work from their home and have separate offices/workspaces. 

Many interestings thing came up in our conversation, but there was one in particular that I kept thinking about afterwards: Bruce said that he and Janet use email to communicate with each other during the day when they are both working, even though they inhabit roughly the same physical space.  It's a simple use of technology that they find actually enhances their productivity, and yet not one that a lot of people would think of using.  Which leads me to a counter-example.

A friend of mine who does tech training and consulting for law firms told me about a client of hers that she recently visited to check up on.  As she popped into his office she noticed that her busy lawyer client had flurries of pink 'While You Were Out' phone slips scattered across his desk.  On his desk he had something else: a brand-spanking-new Dell computer which is where he received his email.  As she watched him rifle through his pink slips looking for a phone message, she stopped and gave him a lengthy stare, also pausing to note the large circular Rolodex on his desk.  He knew something was wrong, but couldn't figure it out. 

She paused and smiled broadly to let him know that he hadn't done anything wrong.  But then she asked him if he didn't think it might be better to get these phone messages from his secretary in the form of an email.  No, he responded.  Then adding: "She sits right over there," pointing to her desk in the next room, implying of course that her proximity required the use of a physical notification system as opposed to an electronic one.

"Yes," my friend said, "but your computer is right here on your desk with the email program running all the time.  And she can use her computer to send phone message notifications to your computer and you won't have all these pink things cluttering your desk."  He thought for a minute and said, "okay, how would that work exactly?"

So she sat down and configured his Outlook email program to have a folder labelled "Phone Messages."  Then she set up a rule so that emails from his secretary that had the letters 'PM' in the subject line would automatically go into his phone message folder.  She explained to him that now he could use the email program's search function to comb through hundreds of messages in the blink of an eye.  And he could easily add name and phone numbers to his email program's contact manager.

A glazed look came over his face as he grasped what had just occurred.  "I had no idea that that was even possible," he stammered.

Yep, that's how it is with technology.  Figuring out what's possible is  the hard part for most people, especially those who resist technology.  People resist technology because they've learned that it's too hard to deal with.  And that's true, unless you know someone who is really understands how to use technology.  Then it's easy because they'll not only explain it to you but also set it up and teach you how to use it. The biggest problem with technology these days is we keep acquiring more of it and we don't even know how to effectively use the stuff we already have. 

We need less technology and more technology trainers.  I'm happy to say I know a good one.  I wish more people were as fortunate as me.

Great Law & Tech Seminar in Shreveport, Louisiana

Jim Calloway  and Tom Mighell will be presenting a seminar on Technology for Lawyers, Paralegals, Legal Secretaries, Office Administrators, Law Firm and Court IT Specialists.  The program, which has the subtitle 'What You Don't Know Can Hurt You' will take place on February 21st at the University Club on 401 Market St. in Shreveport.  Here is a PDF version of the brochure, which highlights the various interesting sessions, including the one on how to more effectively manage your E-mail in-box and how to use the Internet more effectively in your law practice.

Wi-Fi in court? Sign me up.

Read this article from The National Center for State Courts entitled Severing the Tether: the Rise of Wireless Networks (pdf file).  The push for Wi-Fi is going to catch up to our court system eventually.  First, it's becoming a technology de riguer on college campuses.  Then it starts to spread to coffee shops and airports and office conference rooms.  One day government will figure out that this stuff is so cheap and easy to deploy it's hard justify not making it available to the public.  Some governments are more forward-thinking than others.

Stand back, he's packing a PDA

Okay, I have to admit that I'm a bit picky about writing, especially when it comes to discussions of technology.  I was intrigued by the idea of an article on the importance of lawyers using PDAs in their practice.  The article made some great points about using a PDA as an information management tool, but at very end, no doubt in an effort to end with a wisp of wisdom, the writer makes this lame observation:

"Using a PDA at even a basic level makes you appear more organized and competent. This can help to impress clients and intimidate opponents."

I don't know if clients are going to be impressed just because you use a PDA to organize, but I seriously doubt that opponents are going to be intimidated just because you are pulling notes out of a handheld device.  If so, they aren't very worthy opponents. 

Online Court Calendar Information

I just found out that one state court judge in Louisiana's 16th Judicial District is running a website with some really useful information, including an online calendar of court hearings, trials and other events. This website is only for Section E of the 16th JDC. I talked to the judge by phone and he told me that the system is pretty good (they update it every day and seem to get good feedback from attorneys who use it).

However, he'd like to make it so that the software integrates with software run in the cle