Dennis Kennedy

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January 30, 2004

The Alarm: VH1 Bands Reunited

Every now and then you see something on cable TV that makes you think that there's still hope for television. Last night, I accidentally ran across a show on VH1 called Bands Reunited: The Alarm. The premise is kind of fun. They track down the former members of a band that was hot many years ago and then disappeared. They try to get the members to agree to meet, to talk and to play together again for a few songs.

The episode I watched focused on The Alarm. The story of their breakup is pretty classic - the singer announced on stage before the last song on the last tour that he was leaving and walked away.

It was good to be reminded of what a great band the Alarm was, how you don't seem to hear many of those great anthemic songs like "Sixty-eight Guns" anymore, and how much I enjoyed their early albums in particular.

And it was great to see them, years later, pick up the instruments, give the song a reading that captured both the enthusiasm of youth and the lessons learned in the years since in a way that just plain rocked.

Highly recommended.

Posted by dmk at 05:48 PM

January 27, 2004

Good Summary of 2003 Cyberlaw Cases

As far as I can tell, this article on cyberliability cases in 2003 by Jeffrey Cunard and Jennifer Coplan of Debevoise & Plimpton is available for free from the well-known continuing legal education provider PLI.

PLI offers several free newsletters, including one called the Lawyer's Toolbox, which gives you highlights from seminars and links to excellent program materials. It's a very good resource that I doubt that many people know about.

Posted by dmk at 10:45 AM

January 26, 2004

The MasterList 2004

One of the most enjoyable benefits that I've gained from my writing and other involvement in legal technology has been getting to meet a number of really interesting people who have developed some very useful products. One of those people is Bill Neubert and one of those products in The MasterList.

Bill contacted me a few years ago and wanted me to test and write a review of his new case management tool. I remember telling him that other people covered case management software far better than I could, but if he had something different, especially something that took a "project" approach, then I'd definitely like to take a look.

I expected that a project approach would not be part of his software, but I'll be darned if that wasn't exactly what he had. I ended up writing an article that I never expected to write.

There's a quote from me on The MasterList website that sums up my favorable opinion of this software:

"The MasterList is one of the very few legal software programs that I've ever been asked to review that's actually become a program that I use and rely upon every day. I've found that The MasterList is a program that fits the way I work and I don't have to adapt what I want to do to fit the program. I look at my work, inside and outside my practice, as a series of projects. The MasterList allows me to manage projects -- break them into tasks, actions and deadlines. In The MasterList, you can take a look at your 'My Day' list in the morning and then 'blast' (I love that term for this function) items that can wait to the appropriate days forward on your calendar. It's a simple, but highly effective, tool. With its integrated features like word processing and linking to other programs, The MasterList can be a good place to 'live at' all day long on your computer. Bill Neubert is definitely doing some cool things with The MasterList."

Bill and I have had a number of conversations over the years, ranging from mind mapping to the organizational approaches of David Allen, as set out in his classic book, Getting Things Done (which I thoroughly recommend to anyone who feels like the old to-do list has spun way out of control). For fans of David Allen, The MasterList gives you a tool to implement Allen's systems. I also like the fact that Bill has added a couple of features I requested over the last few years.

However, there may be no more competitive area (and one with more choices) in legal technology than case management software, and The MasterList has not gotten a lot of traction over the years.

I was very pleased to see that The Masterlist has now been refocused (with a reduced price) as a project organizer and to-do management tool. The program clearly has had usefulness far outside the legal market since the beginning.

As the website says, "A tool that can realistically help you figure out what tasks represent the most productive use of your time is the holy grail of time management. . . . The MasterList is a system for making realistic choices."

The MasterList is a fascinating, flexible and functional software tool. I love software that does something I really need in a way that works the way I work and also has a depth of features to allow me to grow in my use of the program. The MasterList is one of the programs that I have found that fits the category for me.

If taming your to-do lists, managing the hundred or so projects each of us have, and otherwise gaining some sense of control over the tasks in front of you is one of your goals for 2004, take a good close look at The MasterList.

Posted by dmk at 11:08 PM

January 23, 2004

The New Issue of Law Practice Today - Wow!

As an editor of the publication, I'll admit to being a little biased, but we've outdone ourselves with this month's issue of the ABA Law Practice Management Section's webzine, "Law Practice Today," (RSS Feed). I count 18 new articles on legal technology, marketing, management and finance topics, from a collection of great authors. The issue includes a roundtable discussion by a group of law students and young lawyers on what the legal practice will look like in 20 years, and a great collection of articles considering the idea of "virtual law firms," anchored by a series of articles from Joe Kashi, who is another lawyer who should be blogging.

My articles in this issue are A Vision for Virtual Law Firms--Questions You Should Be Asking and Looking into the Crystal Ball for the Legal Profession--Great Resources for Innovating Your Law Practice, but you can jump into this issue anywhere and be well-rewarded.

Posted by dmk at 01:19 PM

Inverting the IT Pyramid

Jeffrey Kaplan's article, "Inverting the IT Pyramid," is one of the most thought-provoking or thought-promoting articles I've read in a while. He discusses the evolution of technology product companies into services companies.

Do the ideas also apply to legal technology? Does it makes sense for the companies who make the best legal software to also offer legal services? If you can't get law firms to consider the client benefits of your technology, why not eliminate the middleperson and deliver the benefits to clients by offering them through your own law / professional services firm? I know, I know, there are some rules out there that might get in the way.

But think of it this way - if Intuit makes the tax software, why couldn't I conclude that they also know how to use it best and might well be the best, most efficient and cheapest place to get high-quality tax preparation services. Just a thought.

Posted by dmk at 01:00 PM

January 22, 2004

The Linked-In Mini-Boomlet

I noticed that some of my "social network" connected into the LinkedIn network and I had a little flurry of requests today.

I don't know much about the social networking phenomenon, but, I respect the people who asked me to tie into their networks enough that I willing to experiment with it.

That means that if you are in the LinkedIn network and you know me (and I know you), please feel free to send me an invitation. I'll either go ahead and add myself as one of your connections or, if I don't know you, ask you who the heck you are.

I doubt that I'll be proactive on this until I get a better sense of how it works. But, if it involves the Internet, collaboration and creating communities, I'm definitely interested.

Posted by dmk at 11:11 PM

Hiding the Elephant

Arthur C. Clarke said, "Any sufficiently advanced technology is indistinguishable from magic."

I've just finished Jim Steinmeyer's excellent book, "Hiding the Elephant: How Magicians Invented the Impossible and Learned to Disappear," which nicely meets the standard of being both educational and entertaining.

Steinmeyer walks us through the history and characters of the Golden Age of magic (roughly mid-1800s to mid-1900s) and gives a peek behind the curtains to explain the evolution and development of the great magical illusions. But, what's great is that his explanations do not diminish your admiration for the illusions. In fact, I am left with a deeper appreciation of the classic magic tricks that fall into the category of illusions - sawing the woman in half, making ghosts appear, floating people, and making even elephants disappear.

And, I'll be darned if mirrors actually do play a role.

It's a fascinating world of large personalities, patented tricks, stolen tricks and an effort to create bigger and bigger illusions. The history leads up to Houdini making an elephant disappear on stage, which the author was later to replicate in a tribute to historical magic.

In a sense, any sufficiently advanced magic is explicable by technology, but it still stays magical. That is, unless your rival magician reveals the secret to your audience and they run you out of town.

A very good book that you might want to read for a nice change of pace.

Posted by dmk at 10:54 PM

January 21, 2004

Here's Something That Makes it All Worth It

I got a nice email today from Peter Judson, a teacher in Montreal, who wanted to let me know that he had linked to my Ten Tips for Making a PowerPoint Presentation article and had used some of my points to help his 7th grade students prepare to do some project presentations.

I took at look at the site he created and then looked at the slides under "Mr. Judson's Presentation."

I've published hundreds of article in all kinds of places, but I don't know if I've ever been more flattered by someone making my ideas available or seen a more satisfying use of my writing.

I sit here thinking that there are not many things that are as cool as being able to help kids do cool things and to help the teachers who really care about helping kids do cool things. It's one more cool Internet experience and another e-mail that has made one of my days.

By the way, the Sacred Heart School of Montreal looks like a school that is doing some great things. If you happen to be someone with influence over grants and funds that get donated to schools for innovative uses of technology, I suggest you might add this school (along with The College School) to your list for consideration.

Posted by dmk at 06:12 PM

Tablet PC for Lawyers Web Page

In some ways, my web history consists of a number of repetitions of my 1995 experience in creating the Estate Planning Links Web Site.

The story goes like this: I search for information on a topic of interest to me. There is good information out there, but it is scattered all over the Internet, with no good way to get from one resource to another or to see them all in one place. I say, "I'm might as well put my bookmarks up on the web, so I can get to them and maybe they'll help some other people." Suddenly, I have a new web page, which gradually grows to have an audience, because people like to find a handy starting point to find good information about a topic.

Most recently, I had this experience when looking for information about Tablet PCs, in general, and their use by lawyers, in particular. Once again, I noticed the familiar itch and, almost before I knew it, I scratched that itch in my standard way. There is now a Tablet PC for Lawyers web page.

I'll build this page out so it collects links and other info about Tablet PCs, with a special focus on use by lawyers. If you know of other sites or resources that I should include, please let me know.

Posted by dmk at 05:29 PM

January 19, 2004

Eerie Spam

While I generally find the ways that spammers devise to beat spam filters to be quite creative and amusing, the recent trend of using random names has been a little unsettling for me in the last few days.

I've had to look at a couple of e-mails that I had almost no doubt were spam, but they were "from" names that were identical to the names of people I knew from high school, although from a year or two outside my graduating class. In other words, I had to look. Not suprisingly, these familiar names were offering great deals on vi*gra.

Speaking of spam, I recommend that you take a look at Fred Langa's recent e-mail experiment that suggests that as many as 40% of legitimate e-mail messages may be filtered out by today's spam filtering software.

These results back up my argument that spam filters have destroyed the trust we used to have in e-mail. Is the cure worse than the problem? Will I be calling you to see whether you got my e-mail?

Posted by dmk at 11:04 PM

January 16, 2004

The Continuing Search for a Personal KM Solution

Once again I've found that my favorites and folder system have become unworkable, my system for tracking good info in e-mail newsletters doesn't work, and I still haven't figured out a good ways to store and manage news feed items.

On the NetLawyers discussion list this week, there was a program that covered Wikis and other collaboration tools and even included a session on the AskSam database.

I've been thinking about personal Wikis, freeform databases, OneNote and other possible solutions to my personal knowledge management needs. Some people have even sent me programs to try, but I had not reached the point of frustration that is required before I am actually willing to start at ground zero and build a completely new system. Now, I'm definitely looking for help.

I ended up posting the following to the NetLawyers list:

_______

Because of my blog, various columns and the like, I'm always finding references, blurbs, postings, links and such that I know that I might want to use later.

For example, in an email newsletter I got today, I saw the following:

+++++++++

"How to make great-looking CD labels

KILLER DOWNLOADS: When creating mix CDs, the label and jewel case can be almost as important as the music. So make sure yours look good. It's easy with these three apps Jason's found."

+++++++++

Today, I might do any of the following:

1. Click on the link, visit the page, and add the page to my Favorites, ideally putting it into a subcategory folder. (as a practical matter, though, my Favorites are so unwieldy that they are but unusable).

2. Keep the newsletter in my Newsletters folder and apply a "flag to it" to identify that there is something in that email that I might want to look at in the future or simply use the all-but-inadequate "find" feature in Outlook.

3. Use Worldox, Enfish or another search program to find the email later.

4. Add a short post to my blog about it, with a link to the page (but it may not be "on topic" for my blog) or add it to an appropriate "links" page on my website.

5. Try to remember that I've seen something on this and search for it later.

6. Think about creating a Word document or a database into which I can copy items like this.

Ultimately, none of those really work.

Here's what I think I want in a system that worked best for me:

1. Total ease of entry - not much more than copy-and-paste or copy and hit a "macro key"

2. A simple and easy to assign category system ("blog", "IP Memes", "Law Practice Today column", "Article Ideas")

3. Automatic indexing or strong search capacities

4. A way to assign keywords (probably)

5. A time stamp to show hold old or new an item is

6. A way to "browse" the clippings to see what's there and get ideas

7. A way to see related items

8. An easy way to pull the information out, retaining any links and formatting. A bonus would be to parse and pull out the URL in the form of http://www.url.com. A super bonus would be to automatically parse and produce the HTML: "Description goes here"

Here are my questions:

1. Assuming that the tool I use only needs to be local and private, what might be the best tool?

2. Assuming that the tool I use can be sourced on a third party server and accessible to me, but made private, and provide better functionality (i.e., meet more of the 8 requirements), what might the best tool be.

Here is my quick list for #1, but I really want to get the opinion of the experts.

1. I might email anything like this to myself and set up rules to put them into special Outlook folders or with Outlook 2003 set up saved searches.

2. I might create one or more Word documents and skillfully apply styles so that I can use the outline and document map functions.

3. I might use a bookmark tool such as PowerMarks to organize Favorites better (or switch to Mozilla), although I've been looking for the perfect bookmark management tool for years.

4. I might set up a new "unlisted" blog for myself and take advantage of categories.

5. I might try a personal Wiki, ideally one that would run locally (and with a built-in server component).

6. I might experiment with OneNote or Excel.

7. I might try a database, like Access.

8. I try AskSam, because it seems like I can do what I want without the overhead and learning curve of Access (but I already have a license for Access, so why not use it).

9. I might try a "clipping" tool, such as Snippy, or a "card file" type of program like AZZCardfile, both of which I have installed and need to try anyway.

10. I could throw everything into a folder, create a bunch of documents and just use a search tool - Enfish, Worldox, X1, to find stuff.

Or, something better.

There's a part of me that says that a personal Wiki might be the solution that I'd most like to try. However, my real interest is getting something together that's better than what I have (an Outlook folder for email newsletters, Favorites, and news bins in FeedDemon, and, as a practical matter, searching on the Internet because I forget to check one or more of those).

Ultimately, I'm looking for a personal KM tool rather than a collaborative tool, but I recognize that using something that could eventually be made collaborative would have a big upside.

OK, it's a long question, but with the collective intellectual firepower on this list, I thought this might offer a good way to sum up the pros and cons of various approaches and help me find an answer to my own little dilemma.

Dennis

_____

I got a great answer back from Jim Hartman of AskSam Systems. I had already considered AskSam as an option, so I'll look into that further. I also got a very interesting idea for OneNote and a response about personal Wikis. This confirms my suspicion that there may be a number of paths to take.

I have to believe that my issue is not unique.

So, I'm inviting you to help me find a really good solution. You can e-mail me with your recommendations. I'll share the results of what I find and what route I decide to go.

Posted by dmk at 03:01 PM

Lawson on "Blogs as Disruptive Technology"

If there is anyone better than Jerry Lawson at grasping the core importance of technology developments and explaining them in a crystal clear way, I don't know who that might be.

Jerry's article on the disruptive impact of blogs for lawyers, "Blogs as Disruptive Technology," is another classic article by Jerry. He weaves together the themes of Clayton Christensen's important book, "The Innovator's Dilemma," a necktie analogy, "affordable genius," and an optimistic, but very clear-eyed look at the potential of legal blogs.

Jerry concludes his article by saying:

Are blogs really the most important thing to come along since the World Wide Web? I have a reality-check mechanism that tells me, “No, not yet.” I frequently ask lawyers I meet whether they know what blogs are. Today the question draws mostly blank stares or condescending comments. (“You mean you have time to read those things?”)

I will know that blogs have indeed become the most important thing since the Web when each person I ask about blogs knows what they are, and when most of the brighter respondents answer, with a sly grin, “Sure. Do you have one, too?”

Will that happen? Let’s hope so. Blogs, and sites built with sophisticated blog software, have the potential to revolutionize the way most people and most law firms think about and use the Internet. We will probably all be better off if such a revolution comes about.

But the fun and the education comes from the path Jerry takes to get to his conclusion. Another great article from Jerry, and an article I highly recommend to everyone.

Posted by dmk at 02:37 PM

The Surprisingly Negative Response of Bloggers to New Space Missions

I have been greatly surprised by the overwhelmingly negative response I've seen from many bloggers about the proposed re-emphasis on Moon and Mars space missions. If any group would be in favor, I expected it to be bloggers in general.

The negative reaction has disappointed me. Today, however, I was cheered to see Tom Peters talk about his support of space exploration in his newsletter.

For me, no one has captured my position better than J. Michael Straczynski in Babylon 5:

"Is it worth it? Should we just pull back, forget the whole thing as a bad idea and take care of our own problems at home?"

"No. We have to stay here and there's a simple reason why. Ask ten different scientists about the environment, population control, genetics and you'll get ten different answers, but there's one thing every scientist on the planet agrees on. Whether it happens in a hundred years or a thousand years or a million years, eventually our Sun will grow cold and go out. When that happens, it won't just take us. It'll take Marilyn Monroe and Lao-Tzu and Einstein and Morobuto and Buddy Holly and Aristophenes .. and all of this .. all of this was for nothing unless we go to the stars."

- Mary Ann Cramer interviews Cmdr. Sinclair in Babylon 5: "Infection"

Posted by dmk at 02:19 PM

January 14, 2004

My 2004 Legal Technology Trends Article Is Out

As an author, blogs give you an entirely new set of expectations, especially about time-to-publication. I have several new articles that I've written, but I am waiting until they first appear in print before I can blog them or put them on my website. The time lag is a little frustrating.

The first of these articles is now out. It's my annual legal technology trends / predictions article, which is called "2004 Legal Technology Trends: Do We Stand on the Threshold of the Next Legal Killer App?" It appeared yesterday as a TechnoFeature on the must-read TechnoLawyer email list. I recommend that anyone even slightly interested in legal technology become a member (it's free) of TechnoLawyer. I also am a regular contributor to the IP Memes newsletter that TechnoLawyer produces. (There will be some interesting news about that newsletter coming soon.)

My 2004 legal tech trends article is now also available on my website at http://www.denniskennedy.com/pred2004.htm.

The answer to the question in the subtitle, by the way, is yes, I think so; and it is the combination of Tablet PC, Microsoft OneNote, Wireless networking/Internet access and practice-specific software. The likely place we will see this happen is with litigators.

The article lists seven of my key trends for 2004:

1. Litigation Technology is Hot.

2. Stopping the Waste of Technology Dollars.

3. Big Firm Lawyers Go Small.

4. Blawgs and RSS Feeds.

5. The Impending Security Disaster.

6. Clients Fire Law Firms Due to Tech Shortcomings.

7. Are We On the Doorstep on the Next Killer App for Lawyers? The Tablet PC, WiFi, OneNote and Practice-Specific Applications.

I also add a few discussion questions.

I'm doing something a little different this year. The published version of the article is about half the length of the full version. The full version contains several more "big" trends and a few "small" trends to watch carefully, as well as a more complete discussion than is found in the published version. The full version will be available in either of two ways: (1) free to my clients or (2) as part of my new "eBook," Dennis Kennedy's Legal Technology Primer, a collection of more than 100 of my articles on legal technology topics.

Stay tuned, because I plan to launch the eBook with a giveaway drawing for readers of this blog next week.

The material in this article will also make up part of my presentation on 2004 technology strategies for law firms at ABA TechShow 2004 and one of the seminars I'll be offering this year.

Posted by dmk at 10:28 AM

January 11, 2004

A Great Learning Opportunity for Software Lawyers - Upcoming GPL Seminar

I got a nice note from Daniel Ravicher, Senior Counsel to the Free Software Foundation (FSF), about what sounds like a great set of programs on the General Public License (GPL) to be held at Columbia Law School in New York City on January 20 and 21, 2004. The agenda looks great, and I’m disappointed that I won’t be able to attend. But maybe you can.

There is definitely a shortage of lawyers who are knowledgeable about the GPL, so this program offers a way for more lawyers to learn the particulars of the increasingly important GPL.

There will be two seminars on Free Software Licensing and the GNU GPL,
and a series of conversations with Professor Eben Moglen on the SCO
v. IBM lawsuit.

On January 20, the program is called "Detailed Study and Analysis of GPL and LGPL", and will offer a section-by-section explanation analysis of the GPL.

On January 21, the program is called "GPL Compliance Case Studies and Legal Ethics in Free Software Licensing" will discuss the details of a few different GPL compliance cases and cover the ethical considerations for attorneys who represent clients that make, use, or sell Free Software products.

Professor Eben Moglen will lead two lunch sessions on the SCO v. IBM lawsuit and SCO's attacks on Free Software, and their implications for the development and use of Free Software.

More details about these events are available at
http://www.fsf.org/licenses/NYC_Seminars_Jan2004.html.

This program looks like a fantastic opportunity to learn about the GPL and related legal issues from the best inside sources. Lawyers who work with the GPL or expect to do so in the future should definitely see if they can work this one into their schedules.

I keep a web page of resources on Open Source and Free Software licensing legal issues at http://www.denniskennedy.com/opensourcelaw.htm. I'll also have a new article on the Open Source licenses appearing soon in the Journal of Internet Law.

Posted by dmk at 07:33 PM

January 06, 2004

The Magical Million Hit Mark – Yes, Blogs Might Work for You

I got a note from my web host, who was running my log files for 2003, that my web site had hit the magical 1,000,000 hits mark for 2003. As a frame of reference, there were 200,000+ hits in 2002.

As most of you know, the number of hits statistic can be very misleading, especially given all the hits on a site (especially a blog site) than happen automatically by robots, spiders and other software animals few of us really understand. That said, topping the million mark is meaningful by any standard, especially for a niche site such as mine. In addition, my pages have few graphics, so the hits number on my site is not as grossly overinflated as it can be on some sites. However, don’t rain on my parade and tell me even more reasons the hits number might not matter; I’m very excited to hit this milestone.

What were the differences between 2002 and 2003? The two significant ones where (1) I left my old law firm to start my own practice and my website became a more central part of my marketing, and (2) I started this blog. I think difference #1 might have accounted for a significant, but reasonable, increase. However, I would guess (not having the log files yet and, let’s face it, I’m probably never going to find some spare time when I actually want to dig into them), that perhaps 80 – 90% of the increase is attributable, directly or indirectly, to the blog. Then, even if I categorize a large portion of the “blog hits,” say 2/3, as being “mechanical,” or in some way attributable to pinging and other hits generated automatically in connection with RSS feed and news aggregator mechanisms, I still have to conclude that the blog had a huge effect on traffic to my site.

We shifted to a way I can get current traffic stats for my site in mid-November. These traffic stats also are consistent with about a tripling of page views and visitors since the end of last year.

Awesome! Thanks to all of you who visited my site and helped me hit this milestone. Onward aand upward!

Posted by dmk at 10:16 PM