Ernie The Attorney

Quicken online - 140 character bursts of annoyance (and useless support)

Last year I started using Quicken online and found it a breath of fresh air.  I have been using Quicken software on my Mac for many years but I liked the idea of having everything out in the 'cloud' so that I can get to it from any computer.  After I started using the online Quicken they added a feature that allowed you to have regular SMS messages sent to your phone.  This seemed like a good idea so I enabled it.  Every day I'd get a series of short messages with updates (there was too much information to fit into 1 text message).

Along the way I decided to make my account password very secure. I had started using a great program called 1Password that generates strong passwords.  You just have to remember one password and it will fill in all of the passwords you need for any site you visit.  Everything was going great.  Then I got a new computer and had some issues getting 1Password to work properly.  It garbled a few of the passwords, and apparently (unbeknownst to me at the time) one of those was my Quicken online password.

I didn't think about Quicken at the time because it had stopped sending me the daily messages by SMS. And I appreciated the silence.  I had started experimenting with a service called Mint, which seemed more robust than Quicken Online.  And so I basically forgot about Quicken.

One day I sent out a 'tweet' (e.g. Twitter post) about how much I liked Mint, and that I preferred it over Quicken.  I got a few responses, including one from a team member at Quicken asking what I didn't like about Quicken. I told him I just liked Mint's interface better. 

Ironically, a few days after that I started getting the flurry of SMS messages from Quicken.  This was annoying, and so I navigated to Quicken online to turn off the SMS notification. That's when I found out that I had lost my password.  I tried to get the service to send me a new password and along the way found out that I had two accounts.  One I could access, which contained no data. And the other I couldn't.  

I presume the one I can't access is the one that dutifully sends me text messages.  

Yes, the account does have a challenge question asking me for my childhood hero.  And, despite the fact that I have a routine answer for that routine security question, it seems the answer I provide is not the correct answer.  So, what does one do in this situation?  I went to the webpage and tried to find some way of contacting a live person, or even an email address to which I could report my dilemma.  I found an email address but the two times I sent in a report to that address I got no response.

Back to Twitter.  I sent out a message again complaining that I didn't like Quicken online.  Amazingly, I got a response from the same guy at Quicken who was using Twitter.  Hurrah for a company that actually 'gets' how to use social media!  That's what I thought, at first.

I exchanged a few tweets with the Quicken rep, who assured me that he could help.  I explained things to him in 140 character bursts of information, and then the 4th of July weekend came and he said he'd have to get back to me after the vacation.  I asked him to just get me a phone number or email address of someone so that I could explain my situation in detail.  He ignored that request, and simply assured me that things would get resolved eventually.

Meanwhile, his company dutifully sent me a flurry of 4 text messages per day with updates to an account that I longed to delete.  

A few moments ago I completed the last of my short burst transmissions.  The representative told me...(wait for it): that I'd need to access my account to turn off mobile updates.  So, after a bunch of tweeting back and forth, the final assessment on the part of Quicken is a self-evident statement. Meanwhile, I'm back where I started from.

I can't call anyone at Quicken, and I can't email them.  I can send Tweets to one of their representatives who is using Social Media to keep up with what people are saying about Quicken, but he can't help or direct me to anyone who can.  His job is to Tweet, not help.

Meanwhile I can't access my account.  And I can't get anyone at Quicken to access it for me (even though I can prove that it's my account because it is tied to my email address).  I'm certainly not going to switch phone numbers to avoid the annoying daily text messages.  So this blog post is about the only thing I can do.  I can't help myself, but I can perhaps warn a few other people to avoid using Quicken online.  When it works, it's great. 

But if it doesn't work and you need help, then you're screwed.  And, if you're interested in an online financial service, then I can tell you that Mint works a lot better.  And, even though I had some problems with 1Password, I like their service a lot and have found their support to be excellent.

My new downtown office rocks!

Ever since I started my own law practice, back in early 2006, I've been working out of a home office. I wouldn't have been able to do this but for a couple of things: (1) I learned how to be totally paperless; (2) high-speed internet access is cheap; and (3) I'm pretty self-sufficient and tech-savvy (for a lawyer, at least).

When I left the firm I kept all the clients that I was working for, except one.  The rest of the clients were happy to get the same level of representation, but at a lower cost.  In fact, a couple of the clients wound up sending me more business than I would have gotten if I had stayed at my old firm.  Bottom line: I had a successful practice, without having to take on additional expense (and in fact I wound up gaining an additional deduction for having a home office).

In the past year or so I started to contemplate getting a traditional office, but my gut kept telling me that it didn't make sense.  Why take on more expense?  Why commit to a long term lease?  Why return to the bustle of downtown, and pay for parking and deal with more hassles?  Then my friend Al Robert told me about this new office set-up called LaunchPad, which was going to be run some guys who were tech-savvy and forward-thinking.

Chris Shultz was one of the guys, and I knew he'd do something interesting so I kept my antenna up.  LaunchPad wound up getting space in the old McGlinchey law firm building, and after looking at their set up I decided this was the place for me.  LaunchPad offers several types of working space: (1) a small private office, (2) a desk and phone, with a locking file cabinet, and (3) a co-working deal where you can sit at a communal desk and have no phone.  

All of the plans offer high-speed wireless internet, which is the main amenity that everyone would be interested above all else.  The internet speeds at work are much faster and more reliable than my home internet.  I opted for the #2 plan, so I have my own desk and phone (to which I forwarded my business line).  Also, I have access to several conference rooms (one of which has a flat panel TV that's set up for Powerpoint presentations).  And I have access to the work out room on the top floor, which has private showers and lockers. Parking hasn't been an issue because I usually ride my scooter and park for free. If it rains then I take a car, but that's not too often (and I can opt to work at home when that happens too).

The best thing about this situation, though, is not all the office contraptions.  It's the people. Everyone who works at LaunchPad is energetic and inquisitive.  People here love technology and social media, so I'm actually learning more by being here than I would if I stayed at home. I like that there's a mix of people who are doing all kinds of interesting things.

One of the folks I met was an 18 year old named Stanford, who is a web-designer. I was able to ask him some questions about using WordPress, and as a result I managed to quickly update my firm website.  It still needs some work, and when Stanford comes back from his vacation I'll probably get him to help me tweak it some more.  Anyway, I think you get the message: LaunchPad is a pretty cool place to work.  And, last but not least (for lawyers), the office is right next to the U.S. Fifth Circuit where I have access to a great library.  Oh, and free Westlaw.

So, come by and say hi if you are in the neighborhood. And feel free to ping me if you're interested in coming to work at LaunchPad (but, if so, you better hurry because it looks like the offices are filling up fast!)

The new iPhone 3G|s| - Voice commands rock!

I've had my new iPhone for a few days now, and so I thought I'd share my observations.  Apple touts this phone as having several new features, but some of those are simply part of the 3.0 OS upgrade (which is available to anyone with an iPhone).  The unique features of the new iPhone are: (1) faster processor, (2) directional compass for better GPS functionality (3) video and better camera, and (4) voice commands.

Most reviewers have focused on the first three features. I agree that the obvious benefits of this new phone are faster operation, and better GPS function.  The improved camera is nice, and the addition of video is good too.  But, for me, the  best new feature is the voice command function.  Most reviewers have treated this like a 'so-so' thing.  They complain that it doesn't work very well, but for the most part they think it's nice. Not great, but okay.

Voice commands are great!

I think that the voice command feature is the killer upgrade feature.  First, I have to confess I have been using speech recognition software (MacSpeech Dictate) for the past few months.  So I'm used to the idea that you have to learn how to use speech recognition software.  Once you learn it how to use it properly then you start to notice some serious productivity improvements.  Most people aren't willing to take the time to learn this kind of thing.  If the software doesn't interpret their command properly, they blame the software.  It never occurs to them that they might need to learn how to enunciate better.  I'll bet not too many TV newscasters would have this problem.

The headset matters

So, back to the iPhone. Here's the deal: if you want to fully appreciate the power of the voice command feature get a set of headphones with a controller built in.  I have the $79 Apple headset and I can't say enough good things about them.  Obviously, they're built to work with the iPhone.  On the old iPhone the volume controls couldn't be used to change the volume; you had to physically change it on the iPhone itself.  The new iPhone allows you to control volume from the Apple headset.  Bing!

The Apple headset also allows you to initiate the voice command prompt.  Simply hold the middle button down until you are prompted.  Then speak the command that you want executed.  After you issue the command you'll get a voice readback on what the software believes you said.  If it makes a mistake immediately press the middle button again and it will cancel the mistaken command.

Mistakes are okay

At first you'll make mistakes.  But don't give up.  Keep practicing and you'll quickly learn how to use the voice commands to jump quickly to the task you want to perform.  For now, those tasks are limited to phone calling and iPhone operation.  But that's still a lot.  The original raison d'être n for this device was to combine a phone with an iPod.

So here are things you can say: 

• "Call [name of person]"
• "Dial [phone number that you say, slowly] 
• "Play music" 
• "Play songs by [name of artist, spoken clearly and carefully] 
• "What is this song?" 

If you want to know what commands are available just invoke the Voice Command and look at the words scrolling by on the screen.  These are your options.  You won't have long to look before the Voice Command disappears.  But the point is that you can learn by looking as you first begin to use it. Eventually, you will learn how to use this tool to call your frequently dialed contacts.  When that happens you'll find that you are able to operate the phone without taking it out of your pocket (or your purse).

Worth learning

I've spent time learning how to operate the voice command and learning its idiosyncrasies.  As a result I have a high accuracy rate with it.  And it makes my life a lot simpler.  Dialing people while I'm driving used to be a pain in the ass (and dangerous).  Now it's dead simple.  And if I want to hear a song or activate my iPod I can do that quickly too.  You can do this too.  All you need to do is: (1) get the $79 Apple headset, and (2) be patient and learn to use the command function effectively.

If you aren't interested I understand.  But if you are tempted to take advantage of this new feature then I encourage you to make a bit of an effort. I predict that Apple will add more functionality to the voice command in the future.  I certainly hope so!

Update: 

I should have made it clear that you don't need to have the Apple headset, or any headset, to use the Voice Command function.  Just hold down the home button until the Voice Command prompt appears.  That's it!  

The advantage of the headset becomes obvious once you've used it a few times.  Before I got the new phone here's what would happen if wanted to make a call.  

1. Take phone out of pocket
2. Swipe to turn on 
3. Navigate to phone, and then to contacts within phone 
4. Slide finger carefully along right side to zero in on the contact I want to call 
5. Tap the contact's name 
6. Locate the best phone # to call for that contact 
7. Tap the desired phone # 

  Now, I do this if the phone is in my pocket and I have the headset in my ear

1. Hold down the middle button (equivalent to the 'Home button') until Voice Command announces 
2. Say "call John Appleseed [short pause] mobile'
3. Wait for confirming announcement, which if correct means I just wait for the phone to start ringing. 

If you don't a headset you still have to perform the first two actions of the old sequence.  That takes a bit of time, but it's not too bad.  But, trust me, once you get used to being able to use the Apple headphones you'll find life suddenly becoming A LOT easier. 

Update #2:

Here's a good article about using Voice Commands that lists most of the available commands and how to use them.

Update #3:

My friend Rick Klau left a comment to this post pointing out that the new iPhone comes with headphones that have a remote control that allows the voice command to work as I described with the $79 headsets. I didn't even check the headset that came with my iPhone because I had the better ones.  I still recommend those, but obviously you can use the voice command function without having to buy those separately.  Good job Apple!

Judge calls paper trials 'the old fashioned way.'

When courts spend money to allow evidence to be introduced electronically you can assume that they'll expect lawyers to use the new system. What new system?  Oh, well the one that New Orleans courts are adopting. The new system will end the practice of attorneys handing copies of evidence to each juror, "a method that U.S. District Judge Ginger Berrigan described to a jury in her court last week as 'the old-fashioned way.'" 

So doesn't it seem that the lawyers who are most familiar with digital information will be the ones most comfortable in the new setting?  I wonder what the trial lawyers who eschew technology will do now?

How I learn (quickly & easily) about technology

Yesterday I spoke at a group of legal administrators who are in town for their annual convention. The "talk" was really a small group brainstorming session about legal technology in general. One of the questions that kept coming up was a variant of something like this: how can I keep up with the latest technology trends?

Actually, the question was: what are the latest technology trends? But whenever I was asked that question I framed it without focusing on me. It's kind of pointless for me to say with the latest technology trends are. First, I'm not the best person to make technology forecasts. Second, whatever the forecast is today it will probably be radically different in a very short period of time.

The way I figure out what's going on is this: I listen regularly to the podcasts put out by Leo Laporte. I asked the group yesterday if any of them had heard of Leo Laporte and no one had. Interestingly, many people whom I considered to be fairly knowledgeable about technology have also not heard of him. 

I find this rather strange.

Almost everything I've learned about technology has come from listening to Leo Laporte (or, previously, watching him on TechTV -- which unfortunately was canceled a few years ago). Most of the important decisions I have made about technology have also been based on observations made by Leo Laporte or the panelists on his podcasts. For example, my decision to switch to a Mac computer several years ago was largely shaped by information I gathered from Laporte.

What I like most about Laporte is that he's not partisan to one operating system or another. He uses Windows computers, Macs, and Linux machines. He has extensive knowledge of both hardware and software in all these operating systems. More importantly, for the average user, he's easy to understand.

The reason is that he's been a radio DJ for over 20 years (strictly covering technology).  He has worked in television briefly (when he worked for Tech TV). Bottom line: he knows how to explain things that are complicated, and he makes it easy to understand—even if you don't know much about technology.

If you're a Mac user you should listen to a couple of these podcasts, and subscribe to them so that you receive them every week. If you're a Mac or PC user you should subscribe to The Tech Guy podcast, which is based on a radio call-in show that he does once a week in San Francisco (actually he lives near SF, but you get the point: it originates from the tech-capital of the U.S.)

I can't emphasize enough how useful these podcasts are. If you are a legal administrator for a law firm then, by definition, you have to understand the fundamental aspects of technology. But, really, everyone needs to keep up with technology these days. The most useful way of keeping up is Leo Laporte.

Laporte doesn't always know the answers, and when he doesn't he says so (and avoids useless speculation).  However, when he and his panelists agree that something is important or inevitable then you can pretty much bank on it.  Finding consensus (i.e. unbiased and informed assessments) about important technology trends is hard.  

But not if you regularly listen to Leo Laporte. 

Great book about technology and law

I just finished reading Free the Market, a fascinating book by Gary Reback, the lawyer who was probably most instrumental in the government's antitrust lawsuit against Microsoft.  Turns out he's had a ring-side seat for most of the important antitrust litigation involving technology companies for the past 20+ years.  If you are a lawyer you'll really enjoy this book because he provides wonderful behind the scenes explanations of the formulation of strategy in the cases he was involved with.  Case such as the Oracle lawsuit involving the acquisition of Peoplesoft, and of course the Microsoft case.  

But, even if you're not a lawyer, you should read this book.  At least if you care about technology issues.  The legal system has a profound effect on emerging technology, especially in the area of antitrust law.  Okay, I know.  Many of you are rolling your eyes and saying "antitrust law is too complicated  and boring."  Well, you're wrong about that.  Antitrust law is about preserving competition, which means it's about economics more than anything.  (Don't roll your eyes again -- it's about practical economics). 

The key question posed by the book is this: do we need better government regulation of the tech sector?  Also: is the current state of technology development such that we need to re-examine how we use antitrust law to regulate it?  These are important questions, and Reback does a great job of laying the groundwork for understanding these questions.  Theory is great, but eventually it has to be put to test in the real world.  The lawsuits that Reback was involved in were acid tests of our antitrust policy. And --just as our financial regulation turned out to be deficient-- it appears that our policy needs to be re-examined.  But that won't happen if people don't take note.

If you have even a passing interest in current affairs you should read this book.  It's engaging and lively, and most of all: important.  I picked it up thinking I'd just read a few chapters, and found that I literally could not put it down. I'm glad I didn't because I now finally understand how antitrust law has shaped the development of technology in the past 20 years.  I hope that we do a better job going forward.

Here is the link to Amazon if you want to order a copy of the book (click here for the Kindle version).

iPhone security tip (for people who don't like to enable security)

If you have an iPhone you probably have sensitive information on it.  If you're a lawyer or businessman, and you use your phone for business, then you almost certainly do.  You should enable the Passcode Lock on your phone that requires a 4 digit PIN to access the phone's data.  Of course, if you work in a large firm your IT person will no doubt have the ability to do a remote wipe if you lose your phone.  

But what do you do if you aren't in a large firm?  Or what if you don't like having to enter the passcode every time you fire up your phone?  Here is my tip for people in this category.  Set the passcode lock to trigger only if the phone hasn't been used for 1 hour (or, if you're really annoyed by the passcode lock, then choose the 4 hour option).  True, if the phone is stolen the thief (or finder) will have immediate access to your data.  But if the thief or finder assumes that you've not enabled the passcode lock they'll be surprised when it kicks in after a period of non-use.

In other words, if the passcode lock annoys you then at least choose one of the minimal options.  It won't annoy you and at least you'll have enabled some security.  To set the code go to SETTTINGS > GENERAL > PASSCODE LOCK > REQUIRE PASSCODE.

If you want to learn more about using iPhones in the practice of law visit this site.

Louisiana lawyers take note!

My friends Al Robert and Tad Barlett have conspired to create a new web venture that looks very promising.  If you are a Louisiana lawyer then you need to check out the Task Launch website, and take the survey.  This site seeks to provide practitioners with up-to-date, easy-to-find, practical information about legal decisions and laws, as well as court procedures.

One problem I see with using court websites to find information is that each one is arranged differently.  The same type of information is found in different places on each site.  Having one site that has all of that information arranged in an easily navigable place would be really nice.  And having that same site also provide timely information about breaking legal news in Louisiana would be even better.

Al Robert (pronounced 'row-bear') and Tad Bartlett are just the guys to make this happen.  When Al was in law school he created (in his spare time?) a site called Naked Ownership, which is still the best way to navigate the state's official online statutes and codes.  Tad has been pumping out daily digests of Louisiana court decisions for about a year now, and his work just keeps getting better.

If you are a Louisiana practitioner you need to bookmark this site and pay attention to its evolution. And if you are still subscribing to the Maraist newsletter you might want to reset your attention to this site instead. That's not a put down of the Maraist newsletter, but let's face the facts: it's based in paper and can't provide the same scope of information, and definitely can't match the speed of delivery.

The Task Launch website will officially launch this summer.  So go take the survey and give them your input into what you'd like to see in the ideal Louisiana legal website.  And if you go to the LSBA Solo & Small Firm conference today and tomorrow (at the Sheraton hotel) check out their booth in the exhibitor area.

New way to hand out business cards, er, contact info

Whenever I go to an event I usually bring business cards.  Sometimes I remember to hand them out and sometimes I don't.  Sometimes people to ask me for them, but usually they don't. When I'm speaking in front of a group I wouldn't take the time to hand out my cards.  And yet that's a moment that many people might want my contact information.

The next time I speak or go to an event I'm going to tell people "if you want my contact info take out your cellphone and send a text message to '50500'; type in 'ernieattorney' and hit send."  If you want to try this now you can see what those folks will receive.  

So what do you think?

That is my new digital business card, and I'll be using it extensively from now on.  Once my phone number and email are in the other person's phone they can click on the link to call me or email me, and thereby avoid the hassle of having to type in characters.  And if I offer someone my card they don't have to pretend to want it, only to toss in the trash later.  Simple, and very efficient.

This service is run by a company called Contxts (as in sending 'Contact info' by 'text message.'  Get it?)  It's free for now, so check it out.

Are newspapers really going to die?

Many people are wondering about the fate of newspapers.  How will they survive?  This is an important question, and many people want to find a way to save the newspapers. Clay Shirky has poignant observations about why newspapers are in trouble, and why they simply can't survive.  

Clay Shirky, in case you don't know him, is wicked smart and relentlessly observant.  So if you want to maintain a glimmer of hope that newspapers will somehow make it, please don't read his essay. On the other hand, if you have strong powers of denial then go right ahead.