Posted by Simon Fodden: "The New Yorker has a fascinating piece, Brain Gain, by Margaret Talbot, that explores the various current and likely future uses of neuroenhancing drugs. Typically stimulants prescribed for such conditions as attention deficit disorder, prescription drugs such as Ritalin, Adderall, Provigil (modafinil), or piracetam are now commonly taken "off label" by people wishing to enhance their mental powers in some respect or other. It would seem that the principal effect of these drugs is an increase in the ability of the user to focus attention and to persist in a task that would otherwise be too tiresome to continue.

As I read the piece I wondered whether lawyers might not be drawn to these "enhancers." After all diligence, perseverance, increased short-term memory, ability to work longer hours are all characteristics that might be thought to promote success in some lawyers sometimes. Talbot herself uses a lawyer's situation as one small example of a benefit from an improvement in working memory: "Imagine a cross-examination, in which a lawyer has to keep track of the answers a witness has given, and formulate new questions based on them." Even more disturbing to me, at least, is her speculation:

If we eventually decide that neuroenhancers work, and are basically safe, will we one day enforce their use? Lawmakers might compel certain workers--emergency-room doctors, air-traffic controllers--to take them. (Indeed, the Air Force already makes modafinil available to pilots embarking on long missions.)

The article even raises the "but they'll do it in Singapore" bugbear to suggest that any resistance to widespread use in the U.S. might easily yield to offshore competition.

Far-fetched, of course, to suggest that it would be bad practice for a litigation lawyer not to take a neuroenhancer...right? But would it be -- is it -- bad practice for counsel to take one?

My own view is that the use of such "cosmetic neurology" is handy for pointing out those areas in our culture where social arrangements, and not brains, need serious rearranging. But our track record as a society shows that we've always taken the pill path, and so we almost certainly will again here, particularly under the urgings of Big Pharma. So have lawyers, firms, law societies started talking about these drugs? Should they?"

The active links are available at the source site listed below.

Source: Slaw, 27 April 2009

Posted by Carolyn Elefant: "As far back as the 1830s, French historian Alexis de Toqueville observed the prevalence of lawyers in America's ruling elite. Now, a century and a half later, nothing's changed. If anything, lawyers holding public office are more prominent than ever in the Obama administration, with both the president, the vice president and many top cabinet members holding JDs.

So what is it about the American culture that attracts lawyers to politics and accounts for their ascendancy? That's one of the topics considered in this fascinating piece, "There was a lawyer, an engineer, a politician," from The Economist (April 16, 2009), which examines professional paths to the top and how they vary by country..."

Full text and active links are available at the source site listed below.

Source: Legal Blog Watch, 29 April 2009

From the e-newsletter: "If information is power, then Google is master of the universe. Any attorney who has a website, blog or is trying in other ways to promote themselves online knows this all too well. We never go very long without thinking of the search engine giant, we watch for subtle changes in its mood, and we make minute, arcane changes to our sites and entries in (mostly) vain attempts to please it."

Read more...

Source: FindLaw's Practice Paper. 29 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Carolyn Elefant: "Not sure how many of you remember the T.V. Show, That Girl, featuring Marlo Thomas as a small town gal trying to make it big as an actress in New York.  Truth be told, I never much liked the few reruns that I saw (I'm too young to remember the originals), but the concept of being a stand out - of being that girl, or that something always appealed to me.

Years later, I find myself referencing "That Girl" as I try to convey the significance of finding - or better yet, creating a niche, which is defined as a distinct segment of a market.  For starters, niches offer a way to follow your passion, as described in this recent, excellent article by Ann Macauley, Discover and Market Your Niche, which identifies wine law, video law and international art law as three niche practices in Canada.  Niches seem narrow, yet they run deep, often requiring mastery of a cross-section of legal issues. 

Niches also make it easier, not to mention more enjoyable to target your marketing efforts.   Indeed, blogs are virtually a tailor-made marketing tool for niches, because you can set up a blog on a discrete topic in a matter of minutes.

But more than anything else, niches put some pizazz into your practice; they make you memorable.  In short, they make you That [fill in the blank] lawyer.  The best example I can give relates to a David Kaufman, colleague and friend of mine, not to mention a first-rate litigator here in the DC area who specializes in Business Brawls, the knock-down, no-holds-bar disputes that arise out of business deals gone sour.  A few times a year, I'll wind up at a local solo lunch with David, where he introduces himself with the tag line "I do business brawls."  Months later, if I run into folks from the lunch and mention David or refer his services, the response is always "Oh yeah, Kaufman - he's that business brawls guy."

That's what I mean by being that lawyer.  David Kaufman is THAT business brawls lawyer, just like Lisa Solomon is THAT legal research and writing lawyer and Kelly Erb is THAT tax girl lawyer and Chuck Newton is THAT Stay Violation and Third Wave lawyer and Tom Goldstein is still, forever THAT ambulance chasing, Supreme Court lawyer...the list goes on.  As for me, well by day I'm THAT ocean energy lawyer (and of course, THAT MyShingle blogger).

Being THAT lawyer doesn't have to consume your entire practice.  Ocean renewables account for maybe 15 percent of my revenues, but it also gets me attention in more conventional, bread-and-butter energy matters.  But being THAT ocean energy lawyer makes me stand out from all the other lock-step cookie-cutter energy regulatory attorneys. 

So why not give it a try, and think about what kind of THAT lawyer you want to be.  And if you're already THAT lawyer, post a comment and let us know what kind of THAT lawyer you are."

The active links are available at the source site listed below.

Posted by Paul Luvera: "Great cross examination requires hard work in preparation. It should not be done "off the cuff." So, what are the steps of preparation? I suggest that your preparation for cross examination should involve these five fundamental steps:

1. Determine the goals...

2. Divide goals into individual topics...

3. Document the cross examination...

4. Use Role Reversal...

5. Divide the cross examination into chapters...

In addition to this preparation, you need to be prepared to deal with issues that come up during direct examination you are not prepared for. Those should be inserted into your outline at the appropriate place. The advantage of organizing your cross into individual chapters instead of an ongoing long narrative is that you can inject these topics in the best place within your prepared cross examination. Keep in mind that a very important part of cross examination is listening. Don't be a note taker. Be a careful listener during both direct examination and cross examination. The Key to great cross examination is hard work in the preparation."

The full text of this post is available at the source site listed below

Source: Plaintiff Trial Lawyer Tips, 22 April 2009

In the news: "In the challenging economic environment in which most companies are currently operating, reducing outside counsel expenses is getting increased attention. Although it is difficult to offer either a "one-size fits all" approach or a guaranteed array of silver bullets, former Safeway GC Michael C. Ross offers some qualitative approaches. Now is the time for in-house lawyers to devote more attention to creating or enhancing relationships with outside counsel that will deliver genuine cost control and reduction."

Topics discussed include: PERSPECTIVE, RELATIONSHIP, COMMUNICATION, and COMPETITION

Read full text 

Source: Law.Com's Daily Legal Newswire. 30 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Ernest Svenson: "Remember this joke?  Guy goes into see the doctor, and the doc asks "what seems to be the problem?" The guy says "Doc, it's my arm.  It hurts when I do this." And then the doctor says "well, then don't DO that!"

I mention this joke because it's basically what happens when people fail to make any attempt to set the preferences for their applications.  Technology trainers are constantly hearing lawyers complain that Word wants to auto-correct certain words.  In the attorneys' view the problem is irresolvable; it's a bug in the program that simply can't be fixed.

The tech trainer usually wants to say something similar to what the doctor in the joke says: "if you don't like it when your computer does that then tell it not to."  Then the tech trainer patiently shows the lawyer how to set the preferences for that program.  Every program has preferences.  You knew that, right?

Maybe you didn't.  And, if so, then you wouldn't be alone..."

Continue reading this interesting post at the source site listed below.

Source: PDF for Lawyers, 17 April 2009

In the news: "Many lawyers think that keywords viable for a Google search should also suffice for the production of electronically stored information. In a recent ruling, U.S. Magistrate Judge Peck has sounded the alarm that such haphazard searches will no longer pass muster in the 2nd Circuit."

Read full text

Source: Law.Com's Daily Legal Newswire. 30 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Holden Oliver: "Juries are not dumb and miss little. Jurors watch you and yours in the courtroom, the back of the courtroom, hallways, restrooms, parking lots, restaurants. Whether or not you think the people you bring to trial with you are capable of looking or acting like stone "creeps" at any moment during the roller-coaster ride of a trial, explain to these men and women in advance the importance of "maintaining" a demeanor which appears professional yet likable, amiable, fair and genuinely good-hearted.

Jurors, of course, will always surprise you.

No matter what an expert might tell you, or how hard you've worked at selection, you are always wrong about two or three of them. You've heard that.

Creep Control. Now hear this: don't go out of your way to antagonize jurors with sideshows which have nothing to do with the trial itself. Bring no "creeps" with you to trial. Keep them in the office. If they must show up--even for a moment--teach time to "un-creep" themselves, starting at 60 second intervals, and practicing until they can hold out for five minutes at a stretch. Hint: They pretend they are happy confident people who genuinely like other humans. Breathe in. Breathe out. Repeat. And remember, you seek progress--not perfection. Be gentle at first.

Non-Creeps--and Recovering Creeps Who Under Pressure of Trial May Relapse in Public. Bring to trial no "non-creeps" capable of any snide, "mean" or creepy gesture, facial expression or body language glitch lasting more than one half-second. Instruct your non-creeps to read this post to be on the safe side. Reformed creeps--you spotted them early and sent them to rehab but they are ultimately powerless over they way they look or act--need pep talks, and brief courtroom appearances. See above.

A Note on Nerds. In doses, however, a few generic dweebs and law weenies running in and out of the courtroom carrying a huge box of documents, a phone message, a good luck note from your mistress, a lucky bow-tie, your spats, your black cape with red lining, or your reserve pair of Bass Weejuns--the kind of people you routinely made fun of in high school--is okay. Jurors expect that. You're a lawyer. You live in a world where nerds are almost normal. Jurors get and tolerate that.

But jurors don't like self-important "assisting creeps". That's personal.

Let us explain more.

Continue reading...

Source: What About Clients, 29 April 2009

In the news: "Attorney ethics can be complex and potentially dangerous to one's legal career. And a large majority of ethics grievances are filed against solo practitioners or lawyers at small law firms. Solo practitioner Brian J. Fruehling discusses why this might be the case. He also provides tips on how lawyers can avoid ethics problems and what to do if they face an ethics grievance. Fruehling's pointers can help attorneys in every state, but particularly lawyers in New Jersey, where he practices."

Read full text

Source: Law.Com's Daily Legal Newswire. 29 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe   <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Penelope Trunk: "Reference checks used to matter a lot. Fifty years ago. When people only changed jobs twice in their life, and they didn't know anyone outside of their company, it made sense that the second company called the first company.

Then, when it became clear that the first company could say one, tiny bad thing and then make this person unemployable (because they had only worked for one person their whole life), giving bad references basically became illegal.

So that pretty much put the kibosh on the usefulness of corporate references. Yet people still ask for them today. So here are some ways to get a good reference.

Get a ringer lined up ahead of time...

Give a company you hate as a reference, if you have to...

Don't work for a person who relies on reference checks. They're lame...

Replace reference checks with networking...

The full text of this post is available at the source site listed below

Source: Penelope Trunk's Brazen Careerist, 28 April 2009

Posted by Robert Ambrogi: "Good article from Lawyers USA on producing your own podcast. Includes comments from my Lawyer2Lawyer cohost J. Craig Williams."

The active links are available at the source site listed below.

Source: Robert Ambrogi's LawSites, 28 April 2009

In the news: "Today's litigators take depositions via videoconferencing, scour social networks for dirt on the opposition, and communicate with opposing counsel via BlackBerry. A successful litigator tempers the tension between the benefits of new technologies and the loss of face-to-face interaction."

Read full text

Source: Law.Com's Daily Legal Newswire. 1 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Bonnie Shucha: "Earlier this month, West launched Black's Law Dictionary for the iPhone/iPod Touch. The cost? A hefty $49.99, although that is still less than the print edition.

This digital version of Black's 8th edition offers audio pronunciations of selected legal terms.

Thomson Reuters said in a statement that lawyers and law students can expect more apps from West soon."

The active link is available at the source site listed below.

Source: WisBlawg, 27 April 2009

Posted by Tom Kane: "Over the past several weeks, I have been emphasizing during my client coaching calls how easy it is to set up Google Alerts for their business development targets (i.e., clients, referral sources and prospects). Then when they pick up tidbits of information about these targets, they can use it as an opportunity to make contact (borrowing from the real estate industry, the most important factor in personal services marketing is: contact, contact, contact) to build on an existing or desired relationship. Or use the Alerts to learn more about your competitors.

It should take you about 10 seconds to set up an Alert. You enter the name (put multiple words in quotes "ABC Corporation" or "Jane Doe"), leave "comprehensive" as is, select how often, and insert your email address. That's it. You're done.

As for Google Profiles, I ran across a post by John Jantsch today pointing to the value of creating your own Google Profile. It seems that if someone were to do a Google search for you, by having your own profile, you would "own as much of the real estate that pops up under you(r) name on page one" of the search results.

That is a good reason to create your profile today. I'm in the process of doing just that myself. And don't forget to set up your Alerts also.

Happy googling."

The active links are available at the source site listed below.

Source: Legal Marketing Blog.com, 28 April 2009

From the site: "If you've been hearing a lot about legal software as a service or SaaS lately, you'll want to listen to this Lawyer2Lawyer program. Join Law.com bloggers and co-hosts, Bob Ambrogi and J. Craig Willliams with guests, Jack Newton, Co-founder and President of Clio, who holds an M.Sc. in Computer Science and Erik Mazzone, the Director of the Center for Practice Management for the North Carolina Bar Association to take an in-depth look at the advantages, disadvantages, risks and even ethical issues when it comes to legal SaaS.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 9 April 2009

From the blog: "I was going to write a post today about the importance of admitting your mistakes, but a quick search revealed I had already written about the topic back in August 2007 (this is what happens when you write a lot of blog posts). There is a different, though - the post I wrote in August focused on the procedural aspects of admitting a mistake. Today's post is going to focus on the reasons why you'd want to admit a mistake.

Customers are sometimes surprised by your honesty...

Honesty is disarming...

Honesty implies accountability...

Of course, once you're convinced that admitting your mistakes it the right way to go, check out my previous post on how to go about doing it."

Full text and active links are available at the source site listed below.

Source: Service Untitled, 7 April 2009

Posted by Tom Kane: "It has been a couple of years since I looked at 365 Marketing Meditations: Daily Lessons for Marketing & Communications Professionals. This handbook of snippets produced by Richard Levick and Larry Smith of Levick Strategic Communications, is a goldmine of useful, pithy sayings useful to the legal marketing community.

I picked it up today for an idea for a post (okay, okay, I'm having writer's block). Today's meditation is:

"Observe a small need and fill it. If a client complains mildly about how his phone wire is always getting tangled up, send him a phone line detangler! He'll think of you every time he makes a call."

Irrespective of the fact that the world is mostly wireless these days, and the fact that I don't have a clue what a "detangler" is, the advice is still valuable. 

So, what does/do your top client(s) need? You don't know? Hmmm.

Do your competitors' know? Could they find out? Hmmm.

Visit and talk with (i.e., listen to) your clients. Today, April 23rd is a great day to start."

The active links are available at the source site listed below.

Source: Legal Marketing Blog.com, 23 April 2009

Posted by Evan Schaeffer: "For free deposition advice, why not try my three podcasts on advanced deposition techniques? Originally posted Legal Underground, I'm reprising them here (again). Just follow the links--

Advanced Deposition Techniques #1: Five Tips for Asserting Control at Depositions

Advanced Deposition Techniques #2: Four Ways to Use Psychology at Your Next Deposition

Advanced Deposition Techniques #3: Miscellaneous Tips for Expert Depositions

Combined, these three podcasts have now had nearly 3,000 downloads. You can listen on a computer with speakers or even better, on any iPod or mp3 player.

If you like what you hear, don't forget my book: Deposition Checklists & Strategies (James Publishing, 2d Ed. 2007)."

The active links are available at the source site listed below.

Source: Trial Practice Tips Weblog, 22 April 2009

From the blog: "REQUIREMENTS AND SUGGESTIONS FOR TYPOGRAPHY IN BRIEFS AND OTHER PAPERS -- a guide published by the 7th Circuit Court of Appeals -- is required reading for anyone following Federal Rule of Appellate Procedure 32.

The advice it contains isn't just for those involved in "the production of briefs, motions, appendices, and other papers" for a federal appeals court. It's for all those who hope to produce briefs that are "more legible -- and thus more likely to be grasped and retained."

Some highlights:

• Use italics, not underlining, for case names and emphasis.
• Use real typographic quotes ("and") and real apostrophes ('), not foot and inch marks.
• Put only one space after punctuation.
• Do not justify your text unless you hyphenate it.

Note the emphasis (mine) on putting only one space at the end of a sentence, not two. As the guide notes:

'The typewriter convention of two spaces is for monospaced type only. When used with proportionally spaced type, extra spaces lead to what typographers call 'rivers' -- wide, meandering areas of white space up and down a page. Rivers interfere with the eyes' movement from one word to the next.'"

The active links are available at the source site listed below.

Source: Set in Style, 25 April 2009

Posted by Reid Trautz: "What happens when four lawyers from diverse practices and backgrounds get together to discuss how each uses their iPhone to improve their productivity and reduce a few of life's frustrations?  You get a great list of iPhone apps that are sure to help you too! Apple reports over 25,000 apps are now available via the iTunes store, making it a daunting task to sift through to find the best. So here are some of the favorite picks from David Sparks of the MacSparky website, Ben Stevens of The Mac Lawyer website and Reid Trautz of Reid My Blog! (who are presenting on this topic at this year's TECHSHOW, which is taking place right now in Chicago) and Jeff Richardson who runs iPhone J.D., a site dedicated to attorneys using iPhones.

Productivity

People (free), Note2Self ($2.99), reQall (Free), Evernote (Free), OmniFocus ($19.99), Things ($9.99), and Calc-12E ($15.99) [READ ABOUT ALL OF THE APPS IN THIS POST AT THE SOURCE SITE LISTED BELOW]

Email

EasyWriter ($2.99), Sideways ($1.99), iSignature ($0.99), and gMail (free)

Legal Research

Cliff Maier Attorney Reference Apps ($0.99 to $8.99), The Law Pod reference apps ($0.99), Manual of the United States of America ($0.99), and Wikipanion (free)

Time & Billing

Time tracking apps (free to $59.99), DateCalcPro ($2.99), and DaysFrom ($0.99)

From the site: "PowerPoint - can't live with it, can't live without it.  So how best to make the most of PowerPoint? On this edition of the Kennedy-Mighell Report, legal bloggers, Dennis Kennedy and Tom Mighell take a look at the personal evolution of use of PowerPoint and offer their best ideas and tips for using PowerPoint. Dennis and Tom will also take audience questions from the mailbag and wrap up with Parting Shots, leaving you with lasting tips and observations.  After you listen, be sure to check out Tom & Dennis' co-blog and book by the same name, The Lawyers Guide to Collaboration.

Podcast: Play on page | Play in new window | Download"

The active links are available at the source site listed below.

Source: Legal Talk Network, 27 April 2009

In the news: "Cloud computing is a potential mother lode of electronically stored information -- both in terms of discoverable data and legal issues. Lawyers should work hand-in-hand with IT and business resources to minimize risks without erasing the tremendous efficiencies of cloud litigation."

Topics discussed include:

WHAT IS CLOUD COMPUTING?

NOW WHAT ABOUT LITIGATION?

CAN YOU SEE CLEARLY IN A CLOUD?

Read full text

Source: Law.Com's Daily Legal Newswire. 27 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Sabrina I. Pacifici: "E-Discovery Update: E-Discovery in the $50,000 Case - Conrad J. Jacoby's focus for this column is smaller legal disputes that may involve electronic evidence, including divorce proceedings and child custody matters, as well as criminal cases, all of which may require review of cell phone call records, SMS and e-mail exchanges."

The active link is available at the source site listed below.

Source: beSpacific  - Accurate, focused law and technology news by Sabrina I. Pacifici. 27 April 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Raymond Ward: "Peter M. Tiersma has written an excellent article on the impossible things we ask jurors to do, and what trial judges and trial lawyers can do to make their job more doable. Much of the difficulty arises from jury instructions, and Prof. Tiersma has some good ideas for improving them. To download the article, click this.

While Googling for links about Prof. Tiersma, I came upon LanguageAndLaw.org, Prof. Tiersma's web site devoted to language and law. If you're reading this blog, you'll probably want to pay a visit."

The active links are available at the source site listed below.

Source: the (new) legal writer, 5 April 2009

From the blog: "... [If you] want to familiarize yourself with the rules of Ohio Courts. This new database is an easy place to get all the information you'll need.

From CM Law Library Blog

The active links are available at the source site listed below.

Source: Moritz Legal Information Blog, 24 April 2009

Posted by Carolyn Elefant: "Courts don't often encourage advertising by the legal profession. But the Supreme Court of Ohio may be an exception. As this article reports, the Ohio Supreme Court justices are urging members of the bar to actively promote the court's Web site to the public.

Based on the account in the article, the Ohio Supreme Court is a poster child for public outreach and an open judicial system. The site includes streaming video of oral arguments, with all oral argument sessions since March 2004 archived and viewable. Copies of past decisions along with documents from current cases can also be viewed on the Web site.

But the public can't enjoy the benefits of the Court's Web site unless they know how to use it, so the Justices are encouraging lawyers to show their clients how to access the site and learn more about the court process."

The active link is available at the source site listed below.

Source: Legal Blog Watch, 23 April 2009

Posted by Robert Ambrogi: "How much time do you spend every day on e-mail? As you read through your inbox and write and respond to messages, how much of that time are you tracking? My guess is that lawyers lose track of significant chunks of time spent on e-mail. A new plug-in for Outlook aims to capture that lost time by tracking and recording your activities in Outlook.

Called MonetaMail, it was unveiled at the recent ABA Techshow and is the first component of the broader MonetaSuite the company plans to roll out. The concept is simple: Install it in Outlook and it seamlessly tracks your time and allows you to allocate each activity to a particular client or billing code. For example, begin to compose a new e-mail, and the timer starts automatically. Switch to reply to an e-mail, and the timer stops on your draft message and starts on the reply message. (Of course, you can start and stop the timer manually.)

As the timer is running, a drop-down menu lets you select the client for billing. Once you select a client for a particular e-mail address, the client box will automatically use that client for all future correspondence with that e-mail address. (You can always override this.) The same occurs as you read and respond to e-mails. All of your time on each message is captured.

To view a report of this activity, simply click the Billing Report button it adds to the Outlook toolbar. The default view shows the current week's activity, but you can customize this to show any of a variety of date ranges. The report can be printed or exported to an Excel spreadsheet...

Full text and active links are available at the source site listed below.

Source: Robert Ambrogi's LawSites, 23 April 2009

Posted by J. Benjamin Stevens: "The March 2009 edition of Mac | Life magazine featured an article explaining 10 Reasons Your Small Business Should Run on Macs, which included a profile of me and my law firm.  This article includes discussions of most of the major advantages Macs offer versus PCs, and it includes profiles of several other businesses as well.  If your firm is not already using Macs, you should consider the following factors and make the switch:

1. Industrial Design
2. iLife's Surprising Business Uses
3. Ability to Run Windows Apps If Necessary
4. Return on Investment
5. Security
6. Time Machine
7. iWork
8. Ability to Run Microsoft Office
9. Cheaper Licensing Fees for Servers
10. Because It's a Mac

This article included the following quotes from me:

• "I got tired of wasting time and money dealing with one problem after another with our PCs and network. It seemed that we were having at least one issue a week that was affecting our ability to most effectively represent our clients, and that was not acceptable."
• "Anything that can be done on a PC can be done on a Mac, and usually faster, better, and more enjoyably."

Source:  "10 Reasons Your Small Business Should Run on Macs" by Jason Whong, published in Mac | Life magazine.

The active links are available at the source site listed below.

Source: The Mac Lawyer, 22 April 2009

From the site: "With so many layoffs and corporate restructuring, companies must be very careful not to blow their existing legal holds when employees leave and their work and computers are reassigned to others.  Monica Bay, Editor-In-Chief of Law Technology News welcomes John J. Jablonski , partner with Goldberg Segalla LLP , to discuss how exiting personnel can compromise legal holds. Jablonski is the author of Law Technology News April cover story, E-DISCOVERY: Watch the Door.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 14 April 2009

In the news: "Cloud computing is maturing into a plausible alternative for online data storage, according to consultant Brett Burney. When your data is "in the cloud," you are not tied down to a solitary computer -- you can access your files from any computer that is connected to the Internet."

Topics discussed include:

MATURING ALTERNATIVE

WHAT TO STORE?

UNTETHERED BACKUPS

MORE SECURE

RISKS

RESOURCES

Read full text

Source: Law.Com's Daily Legal Newswire. 2 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the e-newsletter: "In a hectic world, the Freebie Notes application can help restore at least a small bit of balance and perhaps a bit of ordered chaos to one's computer desktop. With this application, users can create electronic notes to place on their desktop, create reminders and alarms associated with each one, and also customize their parameters to make them more or less visually prominent. This version is compatible with computers running Windows 95 and newer. [KMG]"

Source: The Scout Report. Volume 15, Number 16. 24 April 2009.  Copyright © 2008 Internet Scout Project. Subscribe <http://scout.wisc.edu/About/subscribe.php>.

Posted by Chuck Kallendorf: "Investigatory reports prepared by law firms on behalf of public agencies are attorney-client privilege and not subject to mandatory disclosure under the state's public records act, the Ohio Supreme Court held Tuesday.
[ Opinion ]

"ORC §149.43(A)(1)(v)," part of Ohio public records law, "excepts 'records the release of which is prohibited by state or federal law' from the definition of 'public record,'" the Court said. Citing State ex rel.Besser v. Ohio State Univ., it went on to say, "the attorney-client privilege, which covers records of communication between attorneys and their government clients pertaining to the attorneys' legal advice, is a state law prohibiting release of these records."

"Attorney-client privilege 'does not require a communication to contain purely legal analysis or advice to be privileged,'" it continued, citing the U.S. 5th. Circuit's case, Dunn v. State Farm Fire & Casualty  (1991). "If a communication between a lawyer & client would facilitate the rendition of legal services or advice, it is privileged."

The active links are available at the source site listed below.

Source: Cincinnati Law Library Blog, 23 April 2009

From the news: "In a time of increasing numbers of pink slips, it is easy for us to let our concept of what is possible narrow down. But one of the few upsides of the recession is the opportunity to re-evaluate not only what we want in a job but also who we are, says William A. Chamberlain, a Northwestern University School of Law assistant dean. Chamberlain suggests a few key questions to ask yourself, some resources to help you look within and ideas on how to get moving in your working life."

Read full text

Source: Law.Com's Daily Legal Newswire. 24 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Allison Shields: "Let's face it - sometimes it's difficult dealing with clients, particularly when you have to tell them something you know they don't want to hear, or when a client has a complaint.

Often, conflicts arise because clients feel you don't understand their point of view. It's easy to forget that clients - even business clients - have an emotional investment in their legal matter. To you, it may be just another case. But to the client, it's their life, their livelihood, or their business.

When those difficult or uncomfortable client conversations arise, how can you handle them?

Mirror the client's thoughts...

Focus on the client...

Acknowledge the client's feelings...

Let clients know that they're not alone...

Work toward a resolution based on where you are now...

Focus on the positive...

Don't retreat or get defensive...

Lay the groundwork for bad news...

Know your boundaries and set limits...

Get help..."

The full text of this post is available at the source site listed below

Source: Legal Ease Blog, 23 April 2009

From the blog: "Just a few weeks after Justice Ginsburg visited Moritz as part of the Ohio State Law Journal's Annual Symposium, this article discussed the reasons why it may be a good idea to have a few more ladies on the bench. For Justice Ginsburg's thoughts on the subject, check out this article from USA Today.

From Law Librarian Blog"

The active links are available at the source site listed below.

Source: Moritz Legal Information Blog, 23April 2009

From the site: "The first prosecution of a pirate in the U.S. in 100 years! The world watched closely as Richard Phillips, Captain of the Maersk Alabama cargo ship was rescued, after being held hostage by four Somali pirates.  Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi welcome piracy law expert, Professor Samuel P. Menefee, Maury Fellow at University of Virgina's Center for Ocean Law and Policy and Attorney Joseph R. McFaul from Sedgwick, Detert, Moran & Arnold LLP and a retired Commander in the U.S. Coast Guard Reserve,  to explore the legal issues on the high seas surrounding the Somali pirates, the future of the captured pirate and how this case could be a deterrent in other incidents of piracy.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 23 April 2009

In the news: "Sometimes a computer holds evidence, and sometimes it is evidence. It's a distinction with a difference when deciding whether to act in ways that will stomp on data essential to computer forensic examination. Especially in cases involving data theft, the system metadata matter most."

Read full text

Source: Law.Com's Daily Legal Newswire. 24 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the Article:

The number of new Twitter users has soared over the past few months, as the microblogging service has taken the media by storm. If you're one of those new users, you may be baffled by Twitter's peculiar culture, or nervous that you'll commit some kind of microblogging faux pas...While there aren't specific rules for how to use Twitter, avoiding these 13 Don'ts will help you fit right in--and may even gain you some adoring new followers

[Their] Source: PC Magazine

The active link is available at the source site listed below.

Source: ResourceShelf, 17 April 2009 from Gary Price's [ResourceShelf] Newsletter No.405. To subscribe, visit <http://web.resourceshelf.com/>

From the e-newsletter: "We've all had those nights...You know, the ones where you lie in bed and simply can't believe anyone would play music so loud, at such an un-be-lie-vable hour of night. Or perhaps your upstairs neighbors are night owls and like to do their vacuuming, dish-washing, or exercise routine after midnight. Regardless, now that the winter months have passed, the likelihood of loud parties or other potentially noisy activities may rise too."

Read more...

Source: FindLaw's Public Advisor. 23 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

From the blog: "The Ohio Supreme Court has postponed implementation of new rules for access to court records that were supposed to take effect in May. Instead of May 1st, the new rules will take effect on July 1st. According to the Court's Press Release, the Court extended the deadline "to allow more time for judges, court staff, members of the public and the media to become familiar with" the new rules. The Court has created its own Internet gateway to information about the rules and is scheduling training to help everyone understand the changes. Click here to read our prior post on the import of the rule changes on access to court records."

The active links are available at the source site listed below.

Source: Cleveland Law Library Weblog, 22 April 2009

From the blog: "In an interesting decision, the 5th District Court of Appeals held in Nursing Care Mgmt. of Am. Inc. v. Ohio Civil Rights Comm. (Case No. 08CA0030) that, notwithstanding an employee's length of service or an employer policy that provides otherwise, employers are required to provide a reasonable length of time for unpaid maternity leave. This decision reversed the trial court's decision and affirmed the Ohio Civil Rights Commission's decision in favor of a woman who was discharged when she needed pregnancy leave but had not worked long enough to qualify under her employer's policy. The Court concluded that her termination constituted "unlawful sex discrimination" in  violation of OAC 4112-05-05(G)(2). The Court also relied on the Pregnancy Discrimination Act in 42 U.S.C. sec. 2000 et seq., as well as Ohio's PDA contained in ORC 4112.02."

The active links are available at the source site listed below.

Source: Cleveland Law Library Weblog, 22 April 2009

From the e-newsletter: "Sarah Allen Benton has written an article for The Complete Lawyer detailing how many lawyers defy the typical stereotypes associated with alcoholism, while still engaging in problematic drinking behaviors."

Read more...

Source: FindLaw's The Practice Paper: For Solo & Small Firm Lawyers. 22 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Posted by Allison Shields: "The April/May 2009 Law Practice magazine, a publication of the American Bar Association, focuses on innovation. "Running Ahead of the Pack: Trailblazers in the Law Firm World," by Steven Taylor, profiles law firms taking new approaches to client service, partnerships, hiring and more. The first two firms profiled in the piece, Summit Law Group of Seattle, Washington and Exemplar Law Partners each provide service guarantees to clients in the form of fee adjustments.

Summit Law Group's contracts with clients include a 'value-adjustment line' encouraging clients to adjust the bills either up or down as the client sees fit, based upon the client's perception of the value of the legal work performed for them. Exemplar Law Partners uses a value based billing model and provides clients with a guarantee; if clients feel they did not receive value commensurate with the fee paid, Exemplar's guarantee ensures that a fair price will be negotiated with the client.

Both of these firms have used guarantees for a number of years and report that clients rarely or never take advantage of them...

Continue reading this interesting post at the source site listed below.

Source: Legal Ease Blog, 22 April 2009

In the news: "How would you rate yourself from one to 10 as a risk taker? While there are a few lawyers who thrive on risk, most lawyers are not comfortable with the concept, says consultant Lee Ann Bellon. Many want a secure job with a secure paycheck, rather than to put everything on the line in order to become successful. However, says Bellon, the state of the current job market requires that attorneys be willing to go outside their normal comfort zones. She has advice for the employed, unemployed and never employed."

Read full text

Source: Law.Com's Daily Legal Newswire. 23 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Mary Ellen Bates: "The latest issue of my not-monthly Info-Entrepreneur Tip of the Month is out. I talk about some of the relatively painless ways of using the social web for marketing. Yes, one could write a book about it -- these are the ones that feel like the easiest ways to leverage an independent info pro's time."

The active link is available at the source site listed below.

Source: Librarian of Fortune, 15 April 2009

From the site: "With so many layoffs and corporate restructuring, companies must be very careful not to blow their existing legal holds when employees leave and their work and computers are reassigned to others. Monica Bay, Editor-In-Chief of Law Technology News welcomes John J. Jablonski, partner with Goldberg Segalla LLP, to discuss how exiting personnel can compromise legal holds. Jablonski is the author of Law Technology News April cover story, E-DISCOVERY: Watch the Door.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 14 April 2009

In the news: "As popular as the iPhone might be, law firms still prefer the BlackBerry, according to Edwards Angell partner Kelly D. Talcott. And while not as prominent as their iPhone cousins, there are many useful BlackBerry applications to make the addictive little device even more useful."

Read full text

Source: Law.Com's Daily Legal Newswire. 23 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Chuck Kallendorf: "Amendments to late Ohio attorney registration rules of court The Ohio Supreme Court announced the adoption of amendments to its rules on attorney registration and registration fees Monday.

The biggest change was the shortening of the amount of time an attorney on active or corporate status has, after missing his, or her, bi-annual registration deadline, to file their late paperwork and fees before being suspended, from 90 days to 60 days.

Court's announcement
Revisions"

The active links are available at the source site listed below.

Source: Cincinnati Law Library Blog, 21 April 2009

From the site: "Is the civil jury trial an endangered species? On this special edition of the Boston Bar, hosts  Attorney Jim Brady from Brady & Monac and Attorney Paul F. Kenney from Kenney & Conley welcome Chief Justice William G. Young, United States District Judge for the District of Massachusetts and Attorney Holly M. Polglase from Campbell, Campbell Edwards & Conroy, to discuss the vanishing civil jury trial against the backdrop of the constitutional right to a trial by jury.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 21 April 2009

Posted by Gavin Craig: "Agreements to arbitrate disputes are either set forth in original agreements between parties, union agreements that bind parties, (from Employerslawyer) or after a dispute arises the parties elect to take their case to arbitration. In my experience it is hard to get litigating parties to agree about anything, so an agreement to arbitrate after the parties are already in litigation is less common.

The Employee Rights Post Blog posted an interesting article about whether a party is bound by an arbitration agreement in a related agreement never seen by one party. The answer was no! Both the Employers Lawyer and the Employee Rights blogs are worth reading.

Arbitration questions and issues cover much more than labor agreements.  But the decisions in the Employer/Employee area are helpful in understanding some of the arbitration issues.   

In my practice I see two major issues relation to arbitration. The first is that many form agreements contain arbitration provisions that neither party knows or cares about when they execute the agreements. The arbitration provision is just there, and the drafter either borrowed it from another contract years ago and never updated it, or the famous, "It's always been in the contract."

Sometimes these agreements create a hardship on one or both parties, or the language forces the parties (if one wants to arbitrate) into a process that is expensive, and ill suited to help resolve the case. One good thing about an arbitration provision is that the parties can mutually agree to ignore it. Nothing forces arbitration to happen, unless one party forces the issue by demanding arbitration or if necessary, bring a motion to compel.

Arbitration has a place in the civil justice system. Many cases are better suited to arbitration before a knowledgeable arbitrator, then litigation before a judge or jury that knows nothing about the area under dispute. Construction is an area where arbitration is common and there are a number of excellent arbitrators in most areas that have the experience to give a thoughtful decision.

When the parties agree that arbitration is a good way to finally resolve disputes, it is time to be creative. Other than the standard language submitting any and all disputes to final and binding arbitration, there are a number of issues that should be considered. For example:

1.  How many arbitrators...

2.  Place of arbitration...

3.  Who will be the arbitrator...

4.  Time for arbitration...

5.  Limitations on authority of the arbitrator...

6.  Do you want the arbitrator to have the power to order discovery? This is usually a cost issue.

When parties are going to draft an arbitration provision, they need to think through what they are trying to do. An arbitrator only has the power granted in the arbitration agreement. If you don't limit the arbitrators power, it is pretty much unlimited - absent as showing of fraud. So draft carefully."

Hat tip to Colin O'Keefe of Real Lawyers Have Blog, 17 April 2009

Full text and active links are available at the source site listed below.

Source: Twin Cities Business Litigation Blog, 17 April 2009

Wayne Schiess has a great series of posts on some common problems in legal writing.

They include:

Part 1: Overview

Part 2: Misplaced or dangling modifiers

Part 3: Care in proofreading

Part 4: Passive voice

Part 5: Defined terms, initials, acronyms

See Wayne's blog at Legalwriting.net Blog

Posted by Bert Webb: "I routinely do presentations and thought many of the things I do and know about presenting to an audience were simply common sense.  However, sitting in workshops over a three-day conference gave me the perspective of a participant.  It appears that many of the common sense things that I do and know are not so common sense.  How many ways can someone screw up a presentation?  From the back row, let me count the ways!

If the participants have paid for the workshop, don't berate them for their choice of seats...
Ensure that materials for the workshop are distributed prior to the workshop...
If you use an object in a demonstration, make sure I can see it...
Know how to work your equipment...
Have credentials that support your authority on the topic that you are presenting...
Speak Correctly...
Talk to me, not your screen...
Keep the jargon and buzzwords to a minimum...
Don't ask for questions if you're not prepared to answer them...

The poor presenters at this conference make me appreciate the effort of preparation and the hard work to learn the craft of public speaking of good public speakers and presenters. 

It wasn't all bad, however.  One group of presenters absolutely blew me away!  They made none of the mistakes the other made and their level of preparation and professionalism in public speaking was outstanding.  After three days, I felt like giving them a standing ovation!  Bravo!"

Hat tip to Tom Mighell of Inter Alia

The full text of this post is available at the source site listed below

Source: Open Loops, no date posted

In the news: "Five of the 11 associates at litigation boutique Schirrmeister Diaz-Arrastia Brem are mothers who work part-time schedules, and partner Michael Brem said offering flexible schedules has been a key to snagging talented women attorneys who may otherwise have left the practice of law. Several attorneys say that the firm recruited them with promises of flexibility and has followed through without any negative attitude. To avoid the common "hours creep" for part-time lawyers, the firm pays them by the hour."

Read full text

Posted by Tom Kane: "We've talked about (here and here) several reasons why small and mid-sized regional law firms are picking up corporate work that has traditionally been done by larger law firms. The reasons include:

• Lower hourly rates,
• Alternative fees,
• Tighter in-house budgets,
• BigLaw partners departing for smaller firms to retain clients,
• Unsustainable associate salaries in large firms,

Now comes another reason I hadn't thought about. According to a post by Rees Morrison, whose blog focuses on in-house legal departments, "it will cost less per hour for some companies to use outside lawyers than inside lawyers." Again, more opportunities for smaller, more economical law firms to pick up work usually left to larger law firms.

The reasons, according to Morrison, include:

Legal departments are shedding junior lawyers, just like large law firms, in favor of senior, more expensive lawyers;

Switching to "smaller or less-expensive firms is gaining traction" as billing rates "are more modest"; and

Routine discounts, fixed fees and other "techniques further reduce the effective billing rates."

So, Morrison's point is that "inside lawyer costs will sometimes match or exceed rates of outside lawyers. Thus, more opportunities would seem obvious for such firms that let in-house counsel know about their capabilities and talent - oh yeah, and their more reasonable fees also. 

Go for it."

The active links are available at the source site listed below.

Source: The Legal Marketing Blog.com, 21 April 2009

In the news: "If you haven't encountered an e-discovery case involving virtual servers, desktops and storage, it's only a matter of time until you do. And if you stick to your old habits, warns consultant Jason Briody, you could be blindsided by high costs, hidden data and preservation issues."

Read full text

Source: Law.Com's Daily Legal Newswire. 3 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the blog: "According to this article, some firms, like Quarles & Brady, have started investing in "sit-to-stand" desks, so attorneys aren't stuck just sitting around all day at work. Some firms are even installing treadmills, so lawyers can walk while working!

From Law.com"

The active links are available at the source site listed below.

Source: Moritz Legal Information Blog, 20 April 2009

In the news: "It's no secret that law firm decision makers typically focus on associate productivity when determining who stays and who goes. And it's also no secret that lining up regular and varied work assignments can produce substantial billable hours. But many motivated and well-qualified associates may still fail to obtain quality projects that could save their careers in the near term, because they become too specialized, says Special Counsel's Ronald E. Quirk Jr. He has some advice: Get out of your pigeonhole."

Read full text

Source: Law.Com's Daily Legal Newswire. 7 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Robert J. Ambrogi: "Hat tip to the blog The Ethical Quandary for pointing out this potential ethical pitfall. The D.C. Bar Legal Ethics Committee has issued an opinion finding that a lawyer owes a duty to maintain the confidences of someone who never hired him and never spoke to him. Here is the scenario as set out in the opinion:

A would-be client comes to Lawyer A to speak with her about taking on his case. After listening to the prospective client's story, Lawyer A determines that she is not in a position to be of assistance. However, Lawyer A believes that a different lawyer would be better suited to meet the prospective client's needs. Lawyer A asks the prospective client whether he would like her to call Lawyer B on his behalf to discuss the possibility of Lawyer B taking on the representation, and the prospective client says "yes." Lawyer A calls Lawyer B, who works at a different firm, and explains the person's predicament. After hearing the story from Lawyer A, Lawyer B determines that he has a conflict of interest and cannot represent the person.

Based on those facts, the question for the ethics committee was whether Lawyer B had a duty to safeguard the client information relayed by Lawyer A. Here is how the bar answered:

When a prospective client consents to having a lawyer speak to a second lawyer on his behalf regarding the possibility of establishing an attorney-client relationship, the second lawyer has an obligation under Rules 1.6 and 1.18 to treat the communication as confidential, even if the second lawyer never speaks directly with the prospective client.

Given the importance of maintaining confidentiality of any information received by the first lawyer, it is advisable that the first lawyer disclose at the outset of the conversation with the second lawyer that the purpose of the discussion is to consider taking on a new case for someone, and to limit initial disclosures to the essential facts until it can be determined whether the second lawyer has a conflict of interest.

The decision is based on D.C. rules that track the ABA model rules. So next time a colleague calls to ask about a potential referral, consider the implications of this opinion."

The active links are available at the source site listed below.

Source: Legal Blog Watch, 20 April 2009

Posted by Jim Hassett: "When I talked to four law firm founders during a recent West LegalEdcenter webcast on How boutique firms are delivering greater value with alternative billing, I was surprised by the number of different ways they set prices.  Even within a single firm like Pat Lamb's Valorem Group there are "a limitless variety of ways to structure fees."

For intensive, unpredictable work, Raymond & Bennett guarantees a budget for one phase of a case at a time.  According to founder Bruce Raymond, "this makes it easier for the firm to map out with the client what needs to be done."  The budget agreement often includes an escape clause in case needs change.  And when one phase ends, the firm can begin planning the next one from a more realistic starting point.

Shepherd Law Group often negotiates a monthly retainer, such as a single price for all of a client's employment policy advice.  "The help is unlimited," Jay Shepherd emphasized.  "Hundreds of times over the years I've said to clients 'Why didn't you call me sooner?' before a matter got bad enough to need legal help."  The reason, of course, was that clients did not want to pay an hourly fee if they thought they could get by without a lawyer's input.  With this retainer arrangement, clients talk to lawyers sooner, and can prevent problems before they occur.  "It's a great way to build client relationships," Shepherd said.  And if it becomes clear to both parties that more help is needed than originally planned, at some point the monthly charge can be renegotiated.

At Bartlit & Beck, the price can be as simple as a monthly retainer, or it may be based on a set of benchmarks which they have established over 16 years of setting alternative fees.  Fred Bartlit said that if other firms would typically charge $200K for a particular matter "We might do it for $100K.  The difference is held by the client.  If things don't work out and the client loses, we lose too."  If Bartlit wins the case, the client has total discretion to set the remainder of the fee.  It could be the $100K difference held in reserve, or it could be a multiple up to five times that amount.  Since the client defines that part of the fee, the payment will be totally aligned with the client's perception of value... 

For a summary of this series, see the LegalBizDev Guide to Alternative Fees, in the free resources section of our web page.

The full text and active links are available at the source site listed below.

Source: Legal Business Development, 8 April 2009

From the site: "As we begin to see signs of recovery, how has the economic downturn affected us financially and emotionally?  On this edition of Ringler Radio,  host Larry Cohen and co-host, Carmella Ginty from Ringler Associates welcome Dr. Ronit Lami , an expert in finance and psychology, to take a look at next steps after the money is gone. They will discuss the present state of the economy and its effect on people and offer tips for coping emotionally with financial losses.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 20 April 2009

Posted by Sabrina I. Pacifici: "FIT for Purpose - The New FLARE Index to Treaties: Dr. Peter Clinch and Steven Whittle describes the background development, various ways in which the service can be used, and technical issues of this fully searchable database. Launched in March 2009, it indexes and lists over 1,500 of the most significant multilateral treaties concluded from 1856 onwards. It was conceived to fill a gap in the range of information finding tools available on the internet for the international lawyer."

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 20 April 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Cindy Chick: "Have you ever read Marie Wallace's article on LLRX called The Power of Post-Its?   If you give presentations, and let's face it, at one time or another we all do, you should take a look at her method of brainstorming and organization.

The idea is to use post-its and a file folder to organize your thoughts when preparing a presentation.  I've been using it for years, and whenever I think perhaps I could forgo it, and just open up PowerPoint and start there instead, I've been sorry.  PowerPoint encourages a very linear chain of thought, and without figuring out in advance the points you want to make, and organizing them outside of PowerPoint, you can end up with a disorganized mish-mash.

But it is decidedly low-tech.  And if someone walks into my office and sees my file folder covered in post-its, I look far from organized.  I can live with that, but the truth be told, I would like a neater, cleaner way to accomplish the same thing.

This time I'm trying something different, and using Microsoft OneNote to brainstorm and organize. And I must say, I'm liking it!  I've set up one page with the same elements that Marie recommends for organizing; I have other pages within the group with screenshots and URLs.  After all of this is compiled, and I know what I want to say, THEN I'll go to PowerPoint to put it all together. 

I don't hear much about OneNote, but it really is a great product for keeping notes and otherwise organizing those little bits of information you're not sure what to do with. 

The power of post-Its without the post-its is working for me!"

The active links are available at the source site listed below.

Source: LawLibTech, 19 April 2009

Posted by Sabrina I. Pacifici: "Google News Blog: "Today, we're announcing Google News Timeline--a new feature on Google Labs that organizes many different types of search results on a zoomable, graphical timeline. Google News Timeline presents search results from a wide range of sources. You can search and browse results from Google News, including headlines, quotes, photos from our Hosted News partners, and YouTube partner videos. You can also search for thousands of archival newspapers and magazines from Google News Archive Search and Google Book Search."

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 20 April 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

In the news: "It may not come as a shock that it's harder to become a law firm equity partner these days, and harder to remain one as well. Equity partners enjoy benefits of ownership that other lawyers in the firm do not share. In exchange, they agree to make contributions to the firm over and above what's expected of non-equity colleagues. Altman Weil's Eric Seeger details seven behaviors that he says firms expect equity partners to be able to demonstrate each year -- if they want to stay in the equity partner ranks."

Read full text

Source: Law.Com's Daily Legal Newswire. 8 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Penelope Trunk: "I do a lot of public speaking, mostly on the topic of how to bridge generational differences in the workplace. And I field tons of questions from corporate audiences. Here are four of the most common questions:

How can you tell if a member of Gen Y hates his or her boss?...

Why does Gen Y feel so entitled to a huge salary?...

Does all this Gen Y stuff apply to other countries as well?...

How is Gen Y so entrepreneurial when they have no business experience?..."

The full text of this post is available at the source site listed below

Source: Penelope Trunk's Brazen Careerist, 17 April 2009

From the site: "Jurors Twittering details of a trial. Jurors Googling information about a case. And last month, a Judge declaring a mistrial in a big federal drug case in Florida when jurors conducted research online.  On this edition of Lawyer2Lawyer, we're talking about the advances in technology, communication and information flow interfering with the justice system and the potential effect on 'trial by jury.' Law.com blogger and co-host, J. Craig Williams welcomes jury behavior expert, Dr. Edward P. Schwartz, Attorney Peter Raben, defense attorney from Miami, Florida and Attorney Sean Ellsworth managing partner at Ellsworth Law Firm P.A, to discuss this hot legal topic.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 16 April 2009

Posted by Ed Poll: "More lawyers are looking to go solo ... In hard times, this may be the only option left ... at least before going to start a corner hot dog stand (according to a recent WSJ article) ... LawyersUSA writes about what it takes to do this."

The active link is available at the source site listed below.

Source: Law Biz Blog, 9 April 2009

Posted by Tom Kane: "Back in February I wrote the post Your Personal Brand is Important For Your Success. In it, I said:

 'Your personal brand impacts whether clients hire you or not. I believe that how you act in public, treat your staff, dress, contribute to the community, talk to strangers, act with your clients, etc. etc., is all part of selling yourself to clients, referral sources, and potential clients.'

But, is that enough from a business development perspective? Not if you are the owner of a business that you want to survive you. Your personal brand is very important, but so too is your business' brand.

What got me thinking about both brands was a post by John Jantsch over at Duct Tape Marketing, that puts the greater weight on the business brand vs. the personal brand. Of course, he is not talking about personal services, such as legal and accounting services. And he has a point about building a business brand when growing a consumer based business, particularly if it is a business the founders want to outlive them or if the owner wants to sell the business. Then, the personal brand is not as important.

However, in the case of legal services both the personal and business brand are very significant. Since most clients hire lawyers not law firms, the personal brand is incredibly important. But, so too is the firm' s brand, especially if the firm plans to continue when the senior attorneys retire.

So, when it comes to developing legal business, don't forget that both brands play an important role."

The active links are available at the source site listed below.

Source: Legal Marketing Blog.com, 16 April 2009

Posted by Jordan Furlong: "...We've been talking about collaboration in the practice of law for some time, and it now appears to be arriving in force. But what's interesting is that you can detect three different streams of collaboration starting to manifest themselves, each distinct in nature and impact from the others. I think they can usefully be referred to as lawyer-to-lawyer (L2L), lawyer-to-client (L2C) and client-to-client (C2C) collaboration.

Lawyer-to-lawyer (L2L) is the simplest, if not always the easiest, type of collaboration for lawyers: working with other lawyers (colleagues, opponents, or interested observers) to further a goal or increase their knowledge. There are numerous options within law firms: shared calendars and documents, meeting managers, instant messaging, wikis, and videoconferencing. Lawyers can also collaborate with other lawyers outside the firm, of course: marking up an agreement or prospectus on Google Docs or with the advanced collaboration tools on the newest Adobe Acrobat versions. Online meetings and webinars can put lawyers in the same space without incurring travel time and costs. And social networks represent a whole new frontier of L2L collaboration. (Read Dennis Kennedy and Tom Mighell's now-definitive text The Lawyer's Guide to Collaboration Tools and Technologies for more.)...

Lawyer-to-client (L2C) collaboration is in some respects a simple variation on the L2L version, only with clients at the other end of the line. In addition to the L2L instances cited above, extranets are the most common examples of L2C collaboration, with online project management and real-time document assembly growing as well. But L2C collaboration is less a matter of technology and more a matter of adopting a fresh attitude and mindset towards a lawyer's role. L2C collaboration is harder for lawyers because it builds into the foundation of the client relationship elements of trust and transparency with which a lot of practitioners are acutely uncomfortable...

That brings us to the third and most powerful form of collaboration: client-to-client (C2C). Every lawyer should be paying extremely close attention to C2C collaboration, because it has the power to disintermediate them, in whole or in part, from the legal services delivery process.

From the e-newsletter: "Call it the Fruit Phone Wars. RIM, the maker of the BlackBerry smartphone, has launched its much-anticipated software store that will allow users of the device to download applications onto their phones, according to the Associated Press. This is a shot across the bow of Apple, maker of the wildly popular iPhone, and a signal that RIM is trying to retake some of the market share that they've lost to the iPhone."

Read more...

Source: FindLaw's Modern Practice: Law & Technology. 2 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

In the news: "Have you heard of the Deep Web? It's the content that is housed in online databases -- such as Westlaw and Lexis -- that search engines like Google and Yahoo cannot access. Paralegal Kim Walker dives into less known Deep Web databases to help you get the most out of online research."

Read full text

Source: Law.Com's Daily Legal Newswire. 20 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the ABA website: "2009 marks the bicentennial of the birth of Abraham Lincoln, regarded by many as our nation's greatest and most eloquent president. Lincoln, who devoted much of his adult life to the practice of law, was the quintessential American lawyer-president. His background in the law informed both his actions and his oratory.

For Law Day 2009, we encourage efforts nationwide to commemorate Lincoln by exploring this rich and resonant theme - A Legacy of Liberty."

The ABA Division for Public Education asks, "Have you:

• bought your thank you gifts and awards on the Law Day webstore?
• downloaded lesson plans from www.lawday.org?
• organized a Dialogue on Lincoln with your school or a community group?
• sent out press releases found in the Law Day Planning Guide announcing your Law Day event?
• posted your event on the Law Day calendar?
• organized a mock trial with a lawyer or judge in your community? 
• asked your mayor to sign a Law Day proclamation found in the Law Day Planning Guide?"

Read about Stark County's planned activities at http://starkctybar.com/events.htm (Scroll down)

Source: ABA Law Day 2009, and an email from Division for Public Education [abapubed@abanet.org] 16 April 2009

Posted by Tom Mighell: "A bonus blog for you today -- Vasanth Sarathy is a law student in Boston who draws in whatever spare time is left over from law school. At Legally Drawn he's featuring two cartoons a week about law school and other aspects of the law. Good stuff!"

The active link is available at the source site listed below.

Source: Inter Alia, 17 April 2009

From the article by Joshua Hornick: "To keep your workload manageable and your life sane, you must say "No" to some requests. Mastering the skills involved in saying "No" will benefit your clients, your colleagues, and yourself."

Read full text 

Source: Law Practice Today, April 2009

Posted by Tom Kane: "Last week a client asked me for ideas on how to begin his CLE presentation before a state bar group. We talked about humor as an ice breaker, if he was comfortable with that. After that call, I ran across a post by Tom Antion at Great Public Speaking blog about showing up early and listening to the other speakers who are presenting ahead of you. 

Antion was suggesting this tactic as a way to avoid embarrassment and being able to play off of other speakers at the conference. You don't want to end up talking about a subject that has already been covered or at least touched upon, and you come across as being clueless as to what has already transpired at the event. That's a bad.

And by referring to something that one or more speakers said before you shows that you're connected to the conference, as well as to the other speakers. That's a good.

By doing that, Antion gives us an example of how he was able to turn an earlier speaker's comments into a humorous ice breaker for himself. Here's what he wrote:

The active links are available at the source site listed below.

From the site: "Attorneys can be more than lawyers, when the next disaster strikes. In part two of this emergency management series on Legal TIPS, host Barbara J. Gislason interviews two visionary lawyers, with unique perspectives.  First, lawyer Richard Friedman, President of the National Strategy Forum, discusses the dangers he sees on the horizon, and how lawyers can prepare. And Melissa Rubin, Vice President of Field and Emergency Services of the Humane Society of the United States shares a compelling story about pets in a disaster, and offers legal and practical advice.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 2 April 2009

From the e-newsletter: "04/22/2009 at 1:00 PM Central Daylight Time. 'Cut Costs & Risks Now: How Smart Archiving & Governance Can Relieve Corporate Stress' is a free webinar that will take a look at the many challenges of managing growing volumes of electronically stored information (ESI), and how companies can lower their risks.

Read more..."

Source: FindLaw's Modern Practice: Law & Technology. 16 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

From the e-newsletter: "With the release of Abacus Rainmaker, attorneys have the ability to capture and understand critical data about their clients and prospects, the firm's marketing efforts and its client service.

Read more...

Related Resources
• More on Legal Software"

Source: FindLaw's Modern Practice: Law & Technology. 16 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

In the news: "You've heard the complaint: "Why can't I go to one place to find out everything that's going on around here?" Fenwick & West uses Microsoft SharePoint to answer that question and make events across numerous practice groups and departments readily accessible through the firm's intranet."

The article includes step-by-step instructions for creating a consolidated calendar.

Read full text

Posted by Evan Schaeffer: "Here's a tip from a recent article in Trial magazine:

Impeachment is not about convincing a witness to change testimony; it is about showing the jury that a witness has changed his or her story.

The author expounds on this point later in the article:

Highlighting prior inconsistent statements. Show that the witness has lied, changed his or her story, or testified differently in the past. Impeachment is about discrediting a witness. It is not about showing that someone is pond scum; it is not about histrionics or convincing a witness to change testimony. Impeachment is showing the jury that a witness has changed his or her story. Save everything else for closing arguments.

[His]Source: "The impressive cross-examination," by Mark R. Kosieradzki, Trial, March 2009. Kosieradzki's article has a number of other good tips (for both plaintiff and defense lawyers) and is recommended if you have access to a copy of Trial."

IF you would like to read this article, call us and we will FAX it to you!

Source: The Trial Practice Tips Weblog, 7 April 2009

Posted by Tom Kane: "Law departments in large corporations and some law firms are definitely re-evaluating their relationships, according to an article in the March issue of Inside Counsel magazine. The article "Feeling the Pinch: How the economic crisis could change your law firm relationships" sets forth succinctly the realities of today's world. 

Even though in-house lawyers in large corporations generally come from large outside law firms, and thus are comfortable with (1) the relationship with BigLaw, and (2) the hourly billing structure. Yet, the downturn in the economy is forcing "change in [this] dysfunctional, even codependent relationship."

The change won't come easily, but change will happen because it is being forced upon in-house lawyers via their budgets, and some outside law firms have removed their heads from the sand; albeit too few. Therein, lie the opportunities for smaller firms.

Said opportunities exist because:

• Too few firms are re-evaluating their client relationships...
• Mid-sized firms are well positioned to provide greater value...
• Alternative fees are coming into vogue...
• High associates salaries are unsustainable...
• Not enough benchmarking... 

So, again I'll ask the same question I asked in my last post: What are you waiting for? Crank up the marketing. Opportunities should be abundant."

The active links are available at the source site listed below.

Source: Legal Marketing Blog.com, 2 April 2009

From the e-newsletter: "The ABA Journal recently published an article exploring the benefits that lawyers can achieve through blogging. The lawyers quoted in the article have seen direct marketing and referral results from their blogs, and state that starting a law blog, or "blawg," is one of the cheapest things a lawyer can do do market their practice.

Read more...

Related Resources
• More Legal Marketing Resources"

Source: FindLaw's Practice Paper. 15 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

Hearsay Testimony Relating Child's Statement Is Admissible Without Test of Child's Competence

From the site: "2008-0582. State v. Silverman, Slip Opinion No. 2009-Ohio-1576.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1576.pdf

In a decision announced today, the Supreme Court of Ohio held that under Ohio Evidence Rule 807, a third party may present "hearsay" testimony in a criminal trial relating statements made by a child describing alleged sexual or physical abuse of the child without a prior determination by the court of the child's competence to testify."

Read more about this decision

To Qualify as 'Medical Claim,' Lawsuit Must be Filed Against a Type of Care Provider Named in Statute

From the site: "2008-0392.  Estate of Stevic v. Bio-Medical Application of Ohio, Inc., Slip Opinion No. 2009-Ohio-1525.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1525.pdf

The Supreme Court of Ohio ruled today that the one-year statute of limitations (time limit) set forth in R.C. 2305.113(A) for filing "medical claims" applies only to lawsuits filed against a practitioner or facility that falls under one of the specific categories of health care providers enumerated in the statute."

Read more about this decision

Court Holds State Retention of Interest on Unclaimed Funds Violates Actual Owners' Private Property Rights

From the site: "2007-1452.  Sogg v. Zurz, Slip Opinion No. 2009-Ohio-1526.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1526.pdf

In a 7-0 decision announced today, the Supreme Court of Ohio overturned as unconstitutional a provision of state law declaring that interest earned by the state on unclaimed funds "is not payable" to the true owners of those funds if the owners subsequently claim them."

Read more about this decision

Source of the above: The Supreme Court of Ohio, 8 & 9 April 2009-04-16

What's Hot and What's Not for Associate Job Seekers

In the news: "Law firm layoffs fill the headlines and first-year classes are being delayed. In this environment, a lot of associates are out there looking for jobs and wondering how they can stand out amid the crowd. Legal Times contacted attorney search consultants and law school career specialists in the Washington, D.C., area to find out. Here's what some experts say job seekers should be doing to get their next position, and also some advice on the hot and not-so-hot practice areas right now."

Read full text

Tools, Benefits of Financial Benchmarking

In the news: "The concept of benchmarking -- setting up statistical guidelines to identify best management practices -- can be a tremendous benefit to law firms. There are two parts to the process: understanding what to measure and using the right time, billing and accounting software to measure it."

Read full text

Source: Law.Com's Daily Legal Newswire. 16 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the site: "There has been much debate as of late on the proposed Employee Free Choice Act (EFCA) of 2009. Join Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi, as they welcome Professor Richard A. Epstein, Professor of Law at the University of Chicago Law School and Attorney Nancy Schiffer, Associate General Counsel with the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO),  to explore both sides of the Employee Free Choice Act debate and what the outcome would mean for the future of unions and employers and the lawyers who represent them.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 1 April 2009

Posted by Jim Calloway: "I really like Readability. I used it as one of my contributions to ABA TECHSHOW's 60 Sites in 60 Minutes 2009. It actually isn't a website you will visit often because, if you take my advice, you will visit it once and install the Readability applet link on your browser links bar. Readability "is a simple tool that makes reading on the Web more enjoyable by removing the clutter around what you're reading." If you have reached a certain level of maturity, you can also set it to make the font bigger so that it is easier to read.

Whether this helps a person with vision problems read online better or whether it is just better when you are reading from your laptop during the commercials as you watch TV, (like Tom Mighell, who referred me to the site) Readability is a nice tool to have available when you need it."

The active links are available at the source site listed below.

Source: Jim Calloway's Law Practice Tips Blog, 14 April 2009

In the news: "A company's decision to enforce its patents is greatly impacted by a cost-benefit analysis of pursuing such an action. Unfortunately, many companies find that they are unable to collect past damages for patent infringement because they failed to perform the seemingly simple task of marking their patented products with patent numbers. Attorneys Nathan Cummings and Orion Armon offer practical recommendations for an effective marking program."

Read full text

Source: Law.Com's Daily Legal Newswire. 16 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Carolyn Elefant: "The economy is making it harder for the courts to find willing jurors, reports the Connecticut Law Tribune. Increasingly, prospective jurors are expressing concern that taking too much time off from work for jury duty might mean losing their jobs. And even where potential jurors are unemployed, they're still worried that jury duty could interfere with their job search.

In most cases, both plaintiff and defense attorneys who learn of juror concern over jobs voluntarily excuse them without question. After all, having a juror who's preoccupied with other matters or who's so eager to finish a case that he won't seriously deliberate can prove damaging to both plaintiffs and defendants alike. But because fewer individuals are willing to serve as jurors, jury selection is taking longer. Growing juror impatience may also lead lawyers to try cases differently. For example, the article notes that many jurors aren't willing to sit through four- or five-hour direct examinations, so in order to hold their attention, lawyers will need to come up with a more efficient approach to elicit evidence. But that's not such a bad thing, is it?

In the meantime, the courts are trying to get the word out to prospective jurors that employers are not allowed to fire them for attending jury duty and are required by Connecticut law to pay an employee for the first five days he or she serves on a jury. After the five days, jurors are paid $50 per day by the state, if employed full-time. If a juror is unemployed or working part-time, the state pays between $20 and $50 per day.

What's your experience? Have you noticed that fewer people are willing to serve on your juries in this economy?"

The active link is available at the source site listed below.

Source: Legal Blog Watch, 13 April 2009

In the news: "Here's some advice for corporate counsel about continuing education: In addition to updating your legal skills and substantive knowledge, give some thought to educating yourself in one key area you may not know enough about: business. Whether it's brushing up on your marketing knowledge or finally learning how to decipher a financial statement, savvy corporate counsel can enhance their worth by increasing their business knowledge and building better business skills, says attorney Ursula Furi-Perry."

Read full text

Source: Law.Com's Daily Legal Newswire. 15 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the site: "Technology can help you manage your law practice OR make you want to throw the computer or mobile device of choice out the window! Who better to talk about legal technology than three of the top legal technologists anywhere...and they speak YOUR language!  Announcing (drum roll please) co-hosts and big-name legal bloggers, Dennis Kennedy, Tom Mighell, and Adriana Linares in this inaugural edition of the Kennedy- Mighell Report on Legal Talk Network!  Insight, opinion, and maybe even a dose of advice about all the legal technology necessities and choices. On this edition: Economic reality check and the impact on legal technology for lawyers - the hard but helpful facts. Time's up for computer illiterate lawyers - find out why! And too much stuff to search for discovery, case law, etc - what to do? Also hear their Parting Shots in the podcast. After you listen, be sure to check out Tom & Dennis' co-blog and book by the same name, The Lawyers Guide to Collaboration.

Links mentioned in the show: Planning for Legal Technology in a Recession, TREC Legal Trac, Twitter Search, ABA TECHSHOW BUZZ.

Podcast: Play on page | Play in new window | Download

The active links are available at the source site listed below.

Source: Legal Talk Network, 31 March 2009

From the e-newsletter: "Often, I am asked my opinion about the single most effective marketing strategy a law firm can implement. And the more involved I become in the business of marketing legal services, the more certain I am in my reply. Without exception, the answer is, "Ask your clients for feedback and respond to what they say." It's just that simple."

Read more...

Source: FindLaw's Practice Paper. 8 April 2009 Copyright © 2008 FindLaw, a Thomson Business. Subscribe <http://newsletters.findlaw.com/>.

In the news: "Unlawful direct advertising through e-mail and fax promotions can be financially devastating. Federal laws governing e-mail and fax promotions regulate the content of advertisements and to whom they may be sent. To avoid significant financial penalties, here's what you should know."

Read full text

Source: Law.Com's Daily Legal Newswire. 15 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the e-newsletter: "Website for this Massachusetts alternative criminal sentencing program in which "CLTL participants, judges, probation officers, and instructors believe that bringing carefully selected works of literature to criminal offenders may help these men and women gain insight into their lives and behavior, while learning that they are not alone with their problems." Includes material for students and instructors, discussion of key issues (such as sentencing), bibliographies, and related material. From the University of Massachusetts Dartmouth.
URL: http://cltl.umassd.edu/Home-html.cfm
LII Item: http://lii.org/cs/lii/view/item/26728

Source: LII Librarians' Index to the Internet. NEW THIS WEEK for 9 April 2009. Copyright 2006 by Librarians' Index to the Internet, LII. Subscribe <http://lii.org/search/file/mailinglist>.

Posted by Sabrina I. Pacifici: "Via EPIC: "A new study by leading scholars from the USA, Canada, UK, Netherlands and Italy has revealed that laws are reinforcing technology's ability to undermine the anonymity of citizens. The law reveals a preference for legislation requiring people to submit to identification and an increasing encroachment of rules into areas where there were previously no regulations prohibiting anonymity...The book is available for download under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Canada License, by chapter..."

• "During the past decade, rapid developments in information and communications technology have transformed key social, commercial, and political realities. Within that same time period, working at something less than Internet speed, much of the academic and policy debate arising from these new and emerging technologies has been fragmented. There have been few examples of interdisciplinary dialogue about the importance and impact of anonymity and privacy in a networked society. Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society fills that gap, and examines key questions about anonymity, privacy, and identity in an environment that increasingly automates the collection of personal information and relies upon surveillance to promote private and public sector goals."

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 7 April 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

In the news: "It would be hard to find an IT department of a large business that is not undertaking or considering cloud computing, where data is entrusted to a third party. This will result in new challenges to discover electronically stored information on networks not controlled by a party to the action."

Read full text

Source: Law.Com's Daily Legal Newswire. 9 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe <http://store.law.com/registration/register.asp?subscribeto=nw>.

From the blog: "Ohio's new anti-stalking law went into effect yesterday, on April 7, 2009. This new law (HB 471) was passed during the 127th General Assembly and amended ORC 2903.214. The law allows judges who grant protection orders to also require defendants to be electronically monitored by the sheriff's office or another law enforcement agency. In addition, the law requires defendants to pay for the associated costs, unless they are indigent, in which case the costs will be paid by the reparations fund under ORC 2743.191. Click here for a great article from ohio.com about the Stark County situation that promoted the legislation."

The active links are available at the source site listed below.

Source: Cleveland Law Library Weblog, 8 April 2009

From the blog: "I just finished watching a great new Camtasia video on the Internet that explains how to cite Ohio cases. The video was created and narrated by Sue Altmeyer, formerly a Reference and Research Librarian at our Library who is now the Electronic Services Librarian at the Cleveland-Marshall Law Library. Sue's video shows users how to use and find cases containing "web cites" or "Public domain citations" and clears up all questions relating to published opinions, official reporters, the old distinctions between reported and unreported cases, and questions relating to controlling and persuasive authorities. Her video also explains how to cite Ohio cases in briefs before Ohio and federal courts using both the traditional Blue Book and the Ohio Manual of Citations. Sue's video also shows users how to search "web cites" on the Ohio Supreme Court's website and in Lexis, Westlaw, Casemaker and Fastcase. This video lasts about 20 minutes and is worth watching."

The active links are available at the source site listed below.

Source: Cleveland Law Library, 8 April 2009

Posted by Penelope Trunk: "This is a guest post from Dan Schawbel. He is 25 years old and already, the New York Times has called him a "personal branding guru." Dan's book is Me 2.0: Build a Powerful Brand to Achieve Career Success, and it just came out today.

Personal branding describes a process where individuals differentiate themselves from a crowd by articulating their unique value proposition, whether professional or personal, and then leverage it across platforms with a consistent message to achieve a specific goal. In this way, individuals can enhance their recognition as experts in their field, establish reputation and credibility, advance their careers, and build self-confidence.

Here are five reasons why Generation Y is better at this process than everyone else:

1.   We have the least amount of responsibilities...

2.   We're already marketing ourselves intuitively...

3.  We are equipped with a bottomless pit of marketing tools...

4.  We understand how to build personal connections to build a brand...

5.  They have no choice but to be marketing mavens..."

The full text and active links are available at the source site listed below.

Source: Penelope Trunk's Brazen Careerist, 7 April 2009

Posted by Allison Shields: "Gina F. Rubel has finished her final blog post in her "Social Media for Lawyers" series on The Legal Intelligencer blog. I recommend that you read (and bookmark) the entire series. If nothing else, ABA Techshow has reinforced that lawyers who want to compete in today's legal market need to be flexible and take advantage of the technology available to them. Richard Susskind, yesterday's keynote speaker, went as far as saying that social media is going to become the next email - in other words, a daily essential.

The last post in Rubel's series focuses on JD Supra, which has been described as the place where "what you know connects with who you know." Rubel's article does an excellent job of showcasing JD Supra's advantages for lawyers and the opportunities presented to lawyers who contribute to the site. One of the huge advantages: you post your content once on JD Supra, but it doesn't just sit there. JD Supra pushes that content out in various ways to targeted groups. In essence, posting a profile and contributing content to JD Supra gets you free PR directly to the individuals and groups most interested in your arear of law.

The best way to market your law practice is by demonstrating your expertise. That's tough to do with new or potential clients, but JD Supra provides lawyers with a way that clients, strategic alliances, referral sources and others can 'sample' a lawyer's work by viewing work product, articles, etc. contributed by a lawyer or firm to JD Supra's site.

If you do one thing to market your practice this month, make it JD Supra.

The active links are available at the source site listed below.

Source: Legal Ease Blog, 3 April 2009

Proactive Leadership & The Role of Information: Identifying Strategic Networks of Information

Posted by Sabrina I. Pacifici: "Proactive Leadership & The Role of Information: Identifying Strategic Networks of Information - Networking is supposed to be essential to successful leaders. But what is the importance of networking conceptually? People are only one form of this vital leadership resource. Stuart Basefksy explains how would one go about developing expanded networks of information and sources."

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 12 April 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Internally Displaced Persons: Guide to Legal Information Resources on the Web

Posted by Sabrina I. Pacifici: "Internally Displaced Persons: Guide to Legal Information Resources on the Web - Elisa Mason's guide highlights information resources focused on the arena of human rights and humanitarian law norms that are evolving to address the broadening scope of protection issues that encompass millions of internally displaced around the world."

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 12 April 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

Posted by Tom Mighell: "More and more, lawyers are recording podcasts to provide easy access to great legal content on the Web. Here's one such podcast -- the Intellectual Property Colloquium is an online radio program hosted by Doug Lichtman, a professor at UCLA School of Law. Each month a new podcast is released, on topics of intellectual property -- the last recording dealt with "Statutory Damages and the Tenenbaum Litigation." The podcasts are free, and if you live in California, New York, Texas, Illinois, or Washington (with more states to come), you can get CLE credit for listening! And if you miss a program, just visit the archives to listen to any episode you like. The site is very slick, but if you're smart you won't visit there very often -- you'll subscribe to the RSS feed so that you can receive new episodes the second they are released."

The active link is available at the source site listed below.

Source: Inter Alia, 13 April 2009

Posted by Tom Mighell: "What? Another blog from Fox Rothschild? Yup. This one is simply titled Physician Law, and it provides current news, updates, and useful tips relating to legal issues affecting physicians and non-institutional providers in their personal and professional lives. Todd Rodriguez, an attorney in the firm's Exton office, publishes the blog."

The active link is available at the source site listed below.

Source: Inter Alia, 9 April 2009

Posted by Sabrina I. Pacifici: "News release: "Fewer than one-third of the adult population have a health care power of attorney or other advance directive. While many of us may be afraid to talk about death, it is critically important to name someone to make health care decisions for you if and when you are no longer able to speak for yourself. Secondly, talk about your end-of-life values and goals with that person and other loved ones. This will help ensure that loved ones aren't burdened with "guessing" end of-life care wishes in the event of a sudden change in health or a life threatening accident.

The National Healthcare Decisions Day initiative takes place on April 16. It is part of a collaborative effort of national, state and community organizations committed to ensuring that all adults have the information they need to be proactive in communicating and documenting their healthcare decisions. The American Bar Association has a 10-point toolkit for consumers that helps make the process easier to navigate. And the National Hospice and Palliative Care Organization provides state-specific forms for use.

To help educate consumers, the ABA Commission on Law and Aging has developed free resources to help you make, discuss and document future healthcare wishes and decisions, including a fact sheet titled 10 Myths and Facts About Health Care Advance Directives. Additional resources on advance planning and end-of-life legal issues can be found at ABA Law Info: Your Gateway to Information on Legal Topics that Affect Your Life."

The active links are available at the source site listed below.

Source: beSpacific - Accurate, focused law and technology news by Sabrina I. Pacifici. 12 April 2009 Copyright ©2002-2009. BeSpacific LLC. All Rights Reserved. Subscribe <http://www.bespacific.com/mt/subscribe.html>.

There will be no new postings until April 14th.

I'm leaving tonight for Charleston, SC to join over 36,000 runners on Saturday for the Cooper River Bridge Run! http://www.bridgerun.com/ Then we will enjoy a week of fun in the sun and lots of time on the beach at Folly Island.

Associate Launches Bid-for-Jobs Web Site for Attorneys, Law Students

In the news: "While the idea of outsourcing legal work overseas has been around for years, last month law associate Laurel Edgeworth launched Law Clerk Connection, a Web site seeking to put junior lawyers in contact with companies and law firms looking to outsource low-end legal work in the U.S. For a fee, law students, graduates and lawyers can create a professional profile on the site and bid on work projects by submitting an hourly rate or a fixed price for completing the project in a specific time frame."

Read full text 


Smaller Firms Think Outside the Box on Billing

In the news: "When it comes to billing, it's time to get creative. Midsize and small firms, as well as solo practitioners in a wide range of practice areas, including patent law, animal law, business law and bankruptcy, are responding to the tanking economy by doing everything from adopting flat rates and packaging legal services to bartering their work. Some firms are also charging clients less for e-mail advice or teaming with software companies to develop programs that generate low-cost pro se documents."

Read full text

Source for both: Law.Com's Daily Legal Newswire. 1 April 2009. Copyright 2008.  ALM Properties, Inc. All rights reserved. Subscribe  <http://store.law.com/registration/register.asp?subscribeto=nw>.

Posted by Allison Shields: "If you're being strategic about your practice, you've probably identified potential clients, strategic alliances, referral sources or individuals that you'd love to meet. Maybe you don't know the name of an individual, but would like to gain entrance to an association, industry or business. What should you do?

Request an introduction!

1.      Be very clear about who it is you want to meet, even if you don't have a name...

2.      Identify your value proposition - what can you offer that is of value to your target?...

3.      Once you've found a connection within your network, request an introduction...

4.      Make it easy for others to make connections for you or introduce you by articulating what kind of introduction you would like...

5.      Make the person who made the introduction look good...

6.      Thank your connections/referral sources regularly

For more about making connections on line, see Tips for Making Connections on Social Networking Sites"

The active link is available at the source site listed below.

Source: Legal Ease Blog, 31 March 2009

Posted by Evan Schaeffer: "Here's an interesting Amazon reading list I stumbled upon accidently: "16 books to read if you want to become a better trial lawyer."

The list was compiled by D. Shane Read, an author himself who also happened to include his own book on the list. But that shouldn't stop you from reading it. The books are well-chosen and Read's short reviews make the list additionally compelling.

If you're the reading type, you might want to add some of these books to your library. I already own eight of them (and while counting, noticed that there are actually twenty-one books on the list, despite the "16" in the title)."

The active links are available at the source site listed below.

Source: The Trial Practice Tips Weblog, 24 March 2009

Posted by StephanieWestAllen: "The Operations Director of the International Mediation Institute e-mailed me an article with the above title. Irena Vanenkova writes:

I would like to offer you the article Can Mediation Evolve into a Global Profession? by Michael McIlwrath, Senior Counsel-Litigation, GE Oil & Gas, Florence, Italy and Chairman of the Board of IMI, where he presents the perspective of a leading corporate user of mediation services on the vital issue of evolving Mediation into a Global Profession for the future growth of mediation.

Excerpt from the article:

[M]ethods of dispute resolution ... over time adapt to changes in their surrounding environments.  In fact, I recently had the privilege of interviewing cultural anthropologist Robert Carniero, curator of South American ethnology at the American Museum of Natural History in New York, who explained his experiences living for periods with different tribes in the Amazon basin, and their approaches to dispute resolution.   As Dr. Carniero explains it, primitive and rather brutal forms of dispute resolution - such as beating each other with heavy wooden clubs - works just fine when the groups consist of no more than 50 or 100 people and those not content with the outcome can just move away. 

Things get more complicated, however, as societies grow in size and complexity, and so far all large societies have evolved within them formal justice systems.  In fact, it appears that societies cannot

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Source: idealawg, 25 March 2009

Posted by Tom Mighell: "It has been awhile since Dennis Kennedy and I have recorded one of our podcasts on legal technology -- we had a lot of fun doing them. That's why we were thrilled when the Legal Talk Network offered to serve as the new hosts for our show -- we jumped at the offer. Our new episode, Reality Check: The Impact of Legal Technology for Lawyers also has a new format -- we discuss three topics of interest, and close the show with some quick Parting Shots of legal technology info that you need to know now. But the biggest change is the addition of a third co-host -- for this episode, we've got the fantastic Adriana Linares, legal technology goddess extraordinaire, joining us for a fast-paced discussion. Give it a listen, and if you like it, subscribe -- via LTN's RSS feed, or in iTunes. We plan on recording a new podcast every two weeks, so stay tuned!"

The active links are available at the source site listed below.

Court Upholds 10-Day Time Limit for Appealing County Revocation of Home Child Care Provider's License

From the site: "In a 7-0 decision announced today, the Supreme Court of Ohio held that R.C. 119.07, which sets a 30-day time limit for requesting a hearing on an agency determination, applies only to actions of state agencies, while Section 5101:2-14-40 of the Ohio Administrative Code, which provides a 10-day period for appealing a county's action concerning certification of a home child care provider, applies to county agencies.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1355.pdf"

Source: Supreme Court of Ohio, 31 March 2009

Negligent 'Operation of Vehicle' Does Not Include School Bus Driver's Failure to Control Conduct of Child Passenger

From the site: "In a decision interpreting the state law that confers general immunity from civil lawsuits on cities, school districts and other political subdivisions, the Supreme Court of Ohio ruled today that an exception in the law allowing suits based on "negligent operation of a motor vehicle" does not apply to claims that a school bus driver negligently failed to supervise the conduct of the students riding on the driver's bus.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1360.pdf"

Source: Supreme Court of Ohio, 31 March 2009

Posted by Robert Ambrogi: "Last July, I posted one of the first reviews of the beta version of Martindale-Hubbell's professional networking site, Martindale-Hubbell Connected. Today, the site officially came out of beta and had its formal launch.

For now, it remains open only to lawyers who are in private practice or who work as corporate counsel. Later this year, the site will become open to other legal professionals, today's announcement said. It launches with 3,000 members from the beta stage and six alliance partners - the Minority Corporate Counsel Association, Lex Mundi, the Council on Litigation Management, Pro Bono Net, the National Association of Women Lawyers, and TerraLex.

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Source: Robert Ambrogi's Law Sites, 31 March 2009

From the blog: "Ever wish you could un-send an email? Well, now you can, with the help of some new tools from Google. According to an article from Slate, the new feature will allow users to "unsend" an email within 5 seconds of sending, allowing you to make changes or delete the email entirely. Other new tools include "mail goggles," which require you to answer a math question before sending that late night email. Perhaps most useful is the "forgotten attachment detector" which will notify you if you attempt to hit send before uploading your file.

From Barco 2.0"

Source: Moritz Legal Information Blog, 31 March 2009