DennisKennedy.blog: December 2004 Archives

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December 28, 2004

New Issue of Law Practice Today Posted - The Future of the Practice of Law

The new issue of the ABA Law Practice Management Section's webzine, Law Practice Today is out, with a theme of the future of the practice of law.

There's a great roundtable article (I'm pretty sure I guessed who the mystery panelist is), other related articles and the usual excellent collection of columns and core section articles. I've written a short column about good Internet resources on the future of the practice, which notes how vibrant and lively the blog world is in comparison with the world of standard websites, especially on topics like this one.

Recommended reading as you consider what directions to go in 2005 and beyond.

Posted by dmk at 11:33 PM

December 27, 2004

The South-East Asia Earthquake and Tsunami Blog and Other Resources

Via Xeni Jardin:

The South-East Asia Earthquake and Tsunami Blog is blog devoted to providing news updates and other information about the Tsunami.

December 26, 2004

Dennis Kennedy's 2004 Legal Blogging Awards

The end of the year is a time for awards and lists. I have decided to announce the initial version of Dennis Kennedy's Legal Blogging Awards, which I have nicknamed the Blawggies. The name Blawggie is based on the well-known word "blawg" coined by Denise Howell and often used when referring to legal blogs.

I have seen a number of blogging awards based on popular vote. In each case, I've seen candidates for the awards all but begging for their readers to vote early and often.

The Blawggies are not based on any popular votes, surveys or scientific measures. They are highly-opinionated choices made by me, based on my experience, expertise and likes and dislikes.

In general, I like to see blogs (1) consistently useful content, (2) a generous and helpful approach, and (3) a combination of commitment and talent. In other words, I like blogs that compel me to read them on a regular basis. I read almost all blog posts in a newsreader these days, so the awards will reflect a bias toward blogs with full-text RSS feeds as well as all of my other biases and personal preferences.

Here are the 2004 winners and runners-up for each category in the Dennis Kennedy Legal Blogging Awards.

1. Best Overall Legal Blog.

Winner: BeSpacific.com – Sabrina Pacifici

Runner-up: Inter-Alia.Net – Tom Mighell

Comments: I can't even count the number of conversations I had in 2004 with other legal bloggers where the question of "what is the best legal blog" came up. The overwhelming consensus was that Sabrina Pacifici's BeSpacific.com was not only first on the list, but it was first by a wide margin. We all admire Sabrina's professionalism, hard work and consistently excellent content. Tom Mighell's Inter-Alia.Net receives second place in 2004. I usually tell bloggers-to-be to look at Tom's blog to get a good idea of how to post quality content on a regular basis. Inter-Alia.Net provides a steady stream of useful information and Tom's generosity in mentioning the blogs of others is unparalleled.

2. Best Practice-Specific Legal Blog.

Winner: The Trademark Blog – Martin Schwimmer

Runner-up: George's Employment Blawg – George Lenard

Comments: Any lawyer or firm thinking about starting a blog would be well-advised to study each of these blogs. Marty Schwimmer covers trademark law with an excellent eye for relevant content and his trademarked wit. The Trademark Blog is a great example of a way lawyers can speak in a plain voice to both a legal and non-legal audience in an engaging way. He's so good that most of us don’t even blog about trademark developments because we know Marty will do it better. George Lenard has developed a great plain-spoken style and filled the George's Employment Blawg with lots of useful information designed to help readers deal with real-world issues. It's another model that bloggers in other practice areas should study carefully.

3. Best New Legal Blogger.

Winner: The [Non]billable Hour – Matt Homan

Runner-up: LawTech Guru – Jeff Beard

Comments: With a variety of innovative approaches and consistently useful content, Matt Homann not only made us think, but he also exploded onto the legal blog scene in 2004. He is one of the few legal bloggers to have posts consistently picked up outside the legal blogosphere. His Five by Fives and other features have raised the bar for the types of content that should be expected from legal bloggers. If Jeff Beard wouldn't have spent so much time thinking about starting his blog, he would have been a 2003 blog rather than a 2004 blog. In this case, the blog was worth the wait. LawTech Guru gives us a steady stream of Jeff's useful reviews and helpful insights into the application of technology and business principles to the practice of law.

4. Best Legal Blog Sectors

Winner: The Intellectual Property Blogs

Runner-up: Legal Tech and Law Practice Management Blogs

Comments: There are some subject matter areas of legal blogging that are especially strong. It makes it difficult to single out one blog. In 2004, no category of legal blogs was stronger than the intellectual property law blogs. You can easily find twenty excellent blogs and these blogs have played influential roles in proposed legislation and driving the discussion of intellectual property issues. The other category is a category that can be loosely termed "law practice management" blogs. These blogs range from the previously-mentioned LawTech Guru to Adam Smith, Esq. to knowledge management blogs to MyShingle.com to my own blog. In both of these categories, you will find consistently useful and topical information, provided by bloggers with the ability to explain complex ideas and new concepts in plain language.

5. Funniest Legal Blogs

Winner: Notes from the (Legal) Underground – Evan Schaeffer

Runner-up: Anonymous Lawyer – Jeremy Blachman

Comments: Both of these bloggers would be in the running for a hardest-working blogger award, since they both author multiple blogs. Evan has been able to sustain a consistent high level of humor all throughout 2004. Jeremy, who recently decided to reveal his identity, is much more inconsistent than Evan, but delivered some good laughs at the expense of big firms. I personally think it was a mistake for Jeremy to give up the anonymity and wonder whether it will prove to be the end of his blog, but he didn't ask my opinion.

6. Best Legal Blogging Experts

Winners (tie): Dennis Kennedy, Tom Mighell

Runners-up (tie): Kevin O'Keefe, Jerry Lawson

Comments: I know that I named myself, but, darn it, I really get this blogging thing, or, more so, the RSS feed piece of the blogging thing. Tom Mighell is my main "go to" person on blogging because his level of knowledge and understanding impresses the heck out of me. If you ever get the chance to hear Tom speak, you should make sure that you take advantage of the opportunity. Another blogging expert I bounce ideas off of is Kevin O'Keefe at LexBlog. Kevin is one of the lawyers who pioneered the use of the Internet and I've respected his opinions for years. We have slightly different approaches to blogging based on our histories of using the Internet, so I always learn something from his perspective and his insights. Jerry Lawson is the guru on everything related to the use of the Internet by lawyers. He's been busy on other things most of this year or he'd have probably walked away with this award.

7. Best Legal Blog Trends

Winner: Group Blogs

Runner-up: Law Librarian Blogs

Comments: The Blawg Channel is a good example, but 2004 saw the appearance of a number of group blogging experiments by both new bloggers and long-time bloggers. I like this trend because it offers the potential providing better content to a bigger audience and may open up revenue opportunities. The law librarian blogs also demonstrated once again how the content management skills, professionalism and generosity of librarians translate so well on the Internet.

8. Legal Blog Trends to Avoid

Winner: Flashy Entry/Quick Exit Blogs

Runner-up: Who Am I Blogs

Comments: I can almost predict which new legal blogs will last for any significant length of time. There is generally an inverse relationship at play: the splashier and noisier the launch, the quicker the fade into silence, especially if law firms are launching a blog strictly for marketing purposes. A shocking percentage of legal blogs do not last longer than a month or two. Blogging is hard work, especially if you don't have a good understanding of what you are getting into. I'd like to see more blogs launched with at least a one-year survival plan. The second trend I'd like to see more people avoid is the "cleverly named" blog approach, often where it is difficult to determine who is the author or how to contact the author. For better or worse, people know who is the author of my blog. I occasionally have exchanges of email with people who I only later learn are the authors of blogs I read. Blog naming reminds me of the early days of Compuserve, AOL and the Internet where people used nicknames for email addresses. Using a clever name can cause all kinds of issues as time goes on.

9. Lifetime Achievement Awards.

Ernie the Attorney – Ernest Svenson

Bag and Baggage – Denise Howell

Comments: Most of us would not be blogging if not for the inspiration Ernest and Denise gave us and the models and standards they created for good blogging. Many of us would also not be blogging well if not for the actual advice and help that Ernest and Denise routinely and generously give to people. They've been clearing the path and leading the way for a long time. It's easy to take them for granted as we flit from new blog to new blog, but the Blawggies do not take them for granted.

And there they are – the 2004 Blawggies. The cool thing about blogging is that if you don't like them, you can create your own and post them today. I don't mind if you do. The point, after all, is to recognize and publicize those who are doing the best work and bring the ones you are not familiar with to your attention and, I hope, the ones I am not familiar with to my attention.

Onward to 2005, when legal bloggers will really rock the legal world. I guarantee that.

Posted by dmk at 11:15 PM

"EDD Supplier Landscape" – Required Reading about the Business of Electronic Discovery

I've spent a lot of time this year reading and having conversations with experts and vendors about the electronic discovery market and where we are headed. I've felt that information on the electronic discovery market is, for the most part, anecdotal. It's difficult to put your hands on anything like hard numbers or to pull together direct evidence to support trends that many of us commonly accept as true.

"EDD Supplier Landscape" from EDDix, LLC represents a welcome step toward giving us the data we need to understand what is happening in the world of electronic discovery.

"EDD Supplier Landscape" is EDDix's first in a series of research projects and analytical reports on the business of electronic discovery. It gets the series off to a very strong start. EDDix has gotten the answers to many of the questions that everyone interested in electronic discovery has been asking.

I was impressed both by the reasonable and even-handed approach to interpreting the numerical data gathered from the surveys of vendors that form the basis for much of the report and the insightful conclusions that the report draws from this data. This careful approach to the underlying numbers gives the conclusions the great impact they have. It's nice, for a change, not to see conclusions based on extrapolations on the high range of the data that most favors those conclusions.

For example, during 2004, I've heard many people throw around the idea that electronic discovery could be a billion dollar business. This report is the first place I've found where someone shows how you can reasonably arrive at that number.

I found many valuable nuggets of information all through the report. Let me note that while, by a 2 to 1 margin, law firms make the selection of EDD providers, in the majority of cases the projects are awarded on a non-competitive basis, in many cases without even a request for proposals. The survey responses also indicated a belief that 75% of the AmLaw 200 law firms did not have the expertise to handle a complex electronic discovery case.

I also found new ways of looking at the business of electronic discovery that are quite helpful in understanding developments in the industry.

For example, I think that there is much to be gained from thinking in terms of the report's underlying theme that EDD is a market, not a standalone industry. In that market we are simultaneously likely to see consolidation at the top and significant expansion at the bottom of the market as new providers move into the EDD market. Yet, as the report notes, EDD is a surprisingly non-competitive market.

The information I found in the report made for compelling reading, but the informal and engaging style also helped. I especially like the comments on why the acronym EDD is used for "electronic discovery." The report also makes excellent use of graphs and charts.

I was so impressed with the report that I called Michael Clark at EDDix to tell him how good it was and to thank him for getting a copy to me. We talked for a while about the EDD market and I pitched him about setting up a way to give readers of this blog a discount if they bought the report. He seemed pretty responsive and I'm hoping that I'll have some news on that in the next day or two.

I've had a good number of calls from EDD providers in the last few months wanting to pick my brain about the EDD market, so I know many companies, law firms and individuals are doing research these days.

Based on my own experience at trying to track down good information, I can tell you that you will not find any better starting point than "EDD Supplier Landscape." You will save enough time to more than pay for the report.

Any EDD provider who wants to grow and capture a bigger share of this market must read this report.

Lawyers and large litigation clients will also find much of value in this report. In the case of the discussion of the changing locus of decision-making, law firms will be well-advised to study the results and the implications for the survival of firms who do not develop strategies to address the issues raised by EDD.

"EDD Suppliers Landscape" is, by a significant margin, the most important work on the electronic discovery business I've read to-date and I'm looking forward to the upcoming reports on other aspects of the EDD industry.

Posted by dmk at 11:07 PM

December 22, 2004

What the Blue Man Group, Matt Homann and I Have in Common

Matt and I spent some time together Monday shooting a marketing video for Intel's Centrino group and HP on the benefits of mobile computing for lawyers.

I took a minute during the interview portion to make some pointed remarks about the worst idea in legal technology - the efforts (that should be resisted by any lawyer who cares about technology or his or her work!) by some firms and IT departments to roll their lawyers back to desktop computers only. I'm sure my sermonizing will end up on the cutting room floor, but I felt better for getting it on tape.

On Monday evening, I noticed the Blue Man Group doing a commerical for Intel's Centrino technology and thought, hey, I'm just like them, except that I'm less known, not on TV and not painted blue.

However, I completely lost my voice this afternoon from laryngitis. I think that makes me more like the Blue Man Group than Matt is, at least today.

We had fun working on the video and got to work with a great team - thanks especially to Melinda, Gail, Caleb and Lisa for putting this project together and letting us be the "talent" for a production.

I believe that the video will be used primarily for internal purposes, but it might appear on the Internet at some point.

Matt is right about the Tablet PC. Once you get your hands on one, it's hard to let go. They make so much sense for lawyers.

Posted by dmk at 11:19 PM

December 21, 2004

Announcing LexThink! Chicago

What do you get when you bring together a select group of innovative, big-thinking people from the worlds of law, business, technology, marketing, and consulting for a full day and ask them to design the perfect professional service firm?

We call it LexThink! Chicago.

Innovate. On April 3, 2005, we will turn the Catalyst Ranch space in downtown Chicago into laboratory space for a group of innovators and thought leaders. We'll create and test ideas for transforming the delivery of professional services, to better match the needs of professionals and their clients alike. With a full day of targeted presentations, small group discussions, collaborative brainstorming and other exercises, we will will mix innovative business practices with proven client service strategies and promising technology applications to create the formula for the perfect professional services firm. The focus of every conversation will be on turning talk into action, and bold ideas into realities.

Motivate. Attendees will take away dozens of practice-changing ideas while making many new friends. LexThink! Chicago will be a chance to meet in person bloggers, authors and speakers that have motivated and challenged us over the years. Spending a day with this group will generate renewed energy and enthusiasm and give you a new action list for making the changes you want in your practice, your business and your life.

Activate. In too many cases, the surge of enthusiasm from an inspirational conference drains away steadily as you return to the real world. LexThink! Chicago is designed to create extended relationships, with opportunities for structured feedback and continuing discussions, social support, and ongoing motivation to transform your practice. The collaborative experience will continue with ongoing discussion groups, monthly conference calls and other ways to connect with LexThink! alumni.

LexThink! Chicago is the brainchild of well-known lawyer bloggers Matthew Homann, Dennis Kennedy and Scheherazade Fowler, who have been thinking (and blogging) about ways to make meaningful changes in their professional practices. LexThink! Chicago grew out of one of their brainstorming sessions and their own “what if” questions.

To permit meaningful participation, to generate the best conversations, and to work within the limitations of the creative space we've reserved, participation in the first LexThink! Chicago will be by invitation-only. We’re limiting it to a select group of professional service providers—lawyers, accountants, consultants, strategists, coaches, technologists, marketers and entrepreneurs.

If you are interested -- or know someone who might be -- get in touch with us soon by e-mailing Matt Homann at homann@gmail.com. We will send out the invitations before the end of December, so make sure you let us know about your interest as soon as you can. We are seeking sponsors for LexThink! Chicago and expect to set the registration fee at less than $200 per attendee.

Many people always ask “Why?” There are also some who ask “Why not?” We’re the second kind. How about you?

Posted by dmk at 11:43 PM

The Savvy Blawgger Panel, Version 1.0

Bruce "Adam Smith, Esq." MacEwen has launched the first iteration of his Savvy Blawger Panel, a feature in which he poses important questions to a panel of, well, savvy blawgers. This edition looks into the future and the question was:

"Looking out five to ten years, what will the single most significant change be in terms of how sophisticated law firms (think AmLaw 200) are managed, on the 'business side'?"

There are some great ideas and I highly recommend you study the answers carefully.

I'm one of the panelists and comment on the vital importance of diversification in its different forms by saying:

"The most significant change for successful firms will be the development of a diversified, portfolio approach to the various businesses of a law firm - services, products and licensing of intellectual property - in a much more diversified environment of people and outside partnerships."

I know that some of my readers will be surprised that, for once, I have one of the shortest comments in the collection.

I'll note that Bruce mentions "Capital Asset Pricing Model" in introducing my comment, but I'm thinking in terms of modern portfolio theory, which I've written and spoken about on a number of occasions.

Posted by dmk at 12:07 AM

My Late Night Conversation with Elvis Presley

One of our holiday traditions for the last several years has been attending a holiday party hosted by the parents of one of my daughter's classmates. They are generous and gracious hosts and I've never met anyone who enjoys entertaining others more than they do. We always have a lot of fun and it helps set the tone for the season.

At their typical party, you'll find, in addition to a large number of great people, diversions ranging from magicians and musicians to palm readers and handwriting analysts to a Marilyn Monroe and an Elvis Presley impersonator.

For several years, people have carried on about how great the Elvis impersonator was. He looked the part and he certainly can sing the part, but I'm a little reserved when it comes to talking to a guy playing Elvis. However, people told me that this guy was amazing because of how well he knew his facts and how he never ever broke character.

Last Saturday night, I was at this year's party, sitting and talking with a group of people around a table. The chair next to me was open after someone left and Elvis came and sat down in the chair. Despite what you might think later, Elvis and I were the ones at the table not drinking.

I resisted my natural "flight" impulse and decided to hang in there.

People proceeded to hit Elvis with all kinds of questions and I'll be darned if he didn't answer them all completely in character. It's an odd thing sitting with someone who is telling you a detailed, fascinating, first-person account of Elvis's meeting with Richard Nixon at the White House and finding the story absolutely compelling.

He also told a great story of the only meetings between the Beatles and Elvis. Since it was getting late, people gradually left to go home. Eventually, there were three guys at the table – Elvis, another school parent and me.

I recently finished reading a great collection of articles on Johnny Cash. To my surprise, I heard myself asking Elvis about his relationship with Johnny Cash. His answers to my questions were so compelling that I decided to move into the state Coleridge called "the willing suspension of disbelief."

I decided to ask the questions that I was most interested in about Elvis, as if I actually had the chance to talk with Elvis.

In short, I asked about the music.

So, for what was probably close to an hour, I had a wide-ranging discussion with Elvis about the music. We talked about the band members, the history of the bands he used, guitars he and Scottie Moore and James Burton used, the Southern tradition of "rendering" songs (I'm fascinated that Elvis never really wrote any of the songs he performed), the role of the Mississippi region as both the source of the delta blues and country/rock and roll, what I refer to as country acoustic gospel music, the role of the Stax sound in Elvis's music, Motown, Graham Parsons, the 1968 comeback show, the Million Dollar Quartet, Roy Orbison, the Carter family and lots of talk about Johnny Cash. The term "wide-ranging" is an appropriate descriptor.

Although I haven't done this for a few years, I used to try every year to "learn" an important musician (e.g., my Duke Ellington year) by listening to a lot of the music and doing a lot of reading. I had already decided that 2005 was going to be my Johnny Cash year, although after my conversation with Elvis, I might refer to it as my John Cash year – it seems more respectful. I admire Elvis's way of respecting people.

I must admit that when Elvis was urging me to make 2005 my John Cash year and suggesting the albums I should get, I got the feeling that, although this might seem like a bizarre event to some, it was, in its way, quite magical. It was like getting a personal version of a great documentary in the form of stories from someone who actually "saw" what happened. I've wished from time to time that I could "master" a single subject to the kind of depth this Elvis had, but people tell me that my gift is the opposite one – the ability to understand and explain many things and to see the connections between seemingly dissimilar things, but with a push and a willingness to move on and explore new things on a regular basis. How many other lawyers do you know who figured out ways to work in a discussion of Twyla Tharp into presentations on several different legal technology topics last year? That night, however, I was getting the point of view of a master of a subject.

Eventually, someone came up to ask the most commonly asked question that I heard: what does Elvis think of his daughter marrying Michael Jackson? The answer, if you care, is that Elvis realizes that you can't micromanage your children's lives.

Anyway, it came to be time to leave and Elvis thanked me for giving him to chance to have that kind of conversation. I agreed that it had been great, really great. He encouraged me to get those last John Cash albums, but to get some of the early stuff too. We shook hands and I realized that, even though Elvis never broke character during the whole time, he almost broke character at that point. I actually broke my own character of being the reserved guy who thought he was too cool to play along. There was a point where I consciously chose to stop saying "Did Elvis . . ." and instead asked, "Did you . . .," which I did out of respect for the quality of the performance and how impressed I was with the thoroughness of his knowledge and the obvious respect he has for Elvis.

I don't know that I have to make a point with this story. It makes its own points. Once again I learned to move past some of my preconceptions and be a little more open to new experiences. Perhaps more important, whether someone is impersonating Elvis or blogging or whatever, you can find true art and artists in unexpected places if you are willing to see things in new ways and respect the integrity, work and vision people put into any number of non-traditional forms. In many cases, it can be an unappreciated and lonely art – Elvis walked off into the cold night by himself – but, given a chance, it can be as vital and touching as anything you'll ever find. If you've read all the way to this point, I know that you agree. Let it rock.

Posted by dmk at 12:00 AM

December 20, 2004

Jeffrey Rosen Gets All Mixed Up About Blawgs, Blogging and Other Things

Professor Jeffrey Rosen, apparently unnerved by the success of Matt Homann's write-in campaign to be named as of the "Top 20 Legal Thinkers," has launched a publicity-seeking missile in a wide-ranging attack on a range of blogging targets with his recent article in the New York Times Magazine.

Unfortunately, as a mere practicing lawyer, I was unable to follow or understand most of the article. However, Rosen did paint a view of the blog world that was new to me. He set up quite a number of straw men and mowed them right down. Mainly, I was left wondering what he could possibly be saying to his students that had him so worried about them blogging about him. That's more a criticism of me, of course, than it is a criticism of his article, which I'm sure that I'd find quite good if I could understand it.

I know this is petty, but I took a secret pleasure in seeing the Treo 650 called the "Trio 650" in an article criticizing the loose standards of bloggers in comparison to the high standards of the lords of journalism. I also enjoyed that in an article focused on privacy, Rosen managed to give away the secret that two anonymous bloggers are students at his law school. Oops. Note that Rosen is actually listed as an official candidate for one of the Top 20 Legal Thinkers, unlike popular write-in candidate, Matt Homann who was left off the list, as were practicing lawyers in general.

I had more concern, however, for the unfortunate impact of the article, which seems to have successfully garnered a lot of publicity (what diatribe against blogging won't these days?), on fellow Blawg Channeler and legal blogging pioneer, Denise Howell.

As many bloggers, but not all nominees for Top 20 Legal Thinkers such as Rosen, know, Denise has long been known and credited for coining the term "blawg." I can understand that there might not have been enough room in this extremely long article (4 separate sections on 4 separate pages, with a long, long animated ad to sit through) to mention Denise by name.

However, it would have been nice to get the definition right. "Blawgs" are most definitely not limited to blogs written by law students, as Rosen and the fact-checking team at the NYT Magazine might lead you to believe. The general definition of "blawg" is "a web log written by lawyers and/or concerned primarily with legal affairs." Denise is far too generous and inclusive a blogger to have intended the limited definition used by Rosen. In fact, someone less generous and inclusive than Denise might even suggest that some of the law student blogs cited by Rosen might not, in fact, meet the definition of "blawg."

So, the term Denise coined gets mentioned without attribution to her and mis-defined in an article that offers the back of the hand to bloggers and appears in a prominent and high profile print publication. The great irony, of course, is there is now a good chance that Jeff Rosen will soon be cited as the source of the definition of "blawg" with the citation noting the definition he uses in his article. Oh, where is the justice?

I'll keep my eyes open for a"clarification," but, in the meantime, I'll be volunteering some of my time to the Vote Matt Homann effort.

By the way, if you want to read a very good, thoughtful discussion of the subject that Rosen attempted to cover in his article, check out Ugly Exhibitionism While We Gawk at the Soap on Renee Blodgett's excellent Down the Avenue blog. In the "it's a small world" department, I actually met Renee at an ABA TECHSHOW several years ago when she worked for Dragon Systems and I was writing a legal technology column for Lawyers Weekly USA. It was at the first vendor event I ever attended and I appreciated the fact that Renee was willing to participate in the fiction that I was a serious journalist rather than the proto-blogger I probably was. Even better, she got me an extra dragon Beanie Baby so I could take two home for my daughter.

Posted by dmk at 10:09 PM

December 17, 2004

Resolutions for Law Firm CIOs in 2005

Phil Windley writes one of my favorite blogs. Today he has some excellent comments on the Gartner Group's list of top 10 CIO resolutions for 2005.

As he notes, "most of this seems like the same old stuff," but he singles out a few of the resolutions for special attention. I agree with his choices. The list applies to law firms as well as businesses in general.

First, there is the suggestion that CIOs use regulatory requirements to enable investment in related areas. Windley says, "This is great way to accomplish long term objectives from short term requirements."

Second, there is the suggestion that CIOs spend more time getting familiar in a hands on way with some new technologies. Time, of course, can be hard to find. Windley recommends an idea I have been thinking about over the last month or two – advisory committees.

Windley says, "create an informal advisory board of a few people who are keeping up with the trends and take them to lunch once a month or so. . . . Another approach is to do something more formal such as hiring a consultant or two and make them your private tutors. Meet with them once a month for a few hours and have them come prepared to teach you about something you need to know but haven't had the time to keep up with."

In a way, Windley is suggesting that the notion of coaching has a place for CIOs. I've noticed that many law firm CIOs are very strong on information technology, but are not as up to speed on legal technology as they might want to be. In some cases, individual coaching might make sense. In others, the advisory committee notion might make sense.

For firms that have technology committees, I often see some similar knowledge gaps that could be greatly alleviated with a little effort, education and direction. I've always felt that many firms could benefit from some "coaching" for their technology committees or, perhaps even better, working with an "advisory committee" of legal tech consultants.

However, when this idea gets pitched to law firms, by others or by me, firms insist on going it alone even though they are well aware of the deficiencies in their knowledge and awareness of options. Perhaps that will change in 2005.

Posted by dmk at 11:28 PM

Spam Volume Reaches the "You Can't Be Serious" Level

From Wagner's Weblog via Security Pipeline:

"Recent statistics about the volume of junk e-mail are so astounding as to leave any reasonable person gobsmacked.

A couple of years ago, it seemed astonishing when anti-spam vendors predicted that spam might exceed half of all e-mail. This week, e-mail security vendor FrontBridge said spam tops 93 percent of all e-mail by volume. The spam is driven, in large part, by so-called zombies, or PCs that have been taken over by hackers and turned into spam cannons."

Posted by dmk at 11:20 PM

Why I Don't Enable Comments on This Blog

I occasionally get questions about my policy of not enabling the comments feature on this blog, although most are bit more polite than the question I'll discuss below.

One of the difficulties new bloggers have is the sheer number of bloggers who make pronouncements about the "One True Way" to blog. Of course, most of these pronouncements are at wide variance with each other. I enjoy these pronouncements because, if you can look past the self-righteous and condescending tone of some of them, you can get some good suggestions for ways to improve your blog.

In other cases, well, I don't know quite how to respond. Take this recent example, please:

Dana Blankenhorn's recent post called "Blogiquette" is so grumpy and judgmental that I wonder if the title is meant to be ironic. In the post, he lists some of his pet blogging peeves, which seem to be considered cardinal violations of blogging etiquette.

One is "ads in feeds," a topic I'll address in some detail in the next few days. He's opposed to ads in feeds and thinks no one should use them. This might surprise those who see the 120 x 600 pixel (!) sponsor ad on his blog. However, I salute anyone with a blog that's good enough to command sponsor ads.

Here's the violation of blog etiquette that really got my attention:

"No comments. Who are you, God?"

Holy cow, I don't enable comments. I don't think I take that approach for Godlike reasons. In fact, I think my approach to blogging is pretty humble.

I guess that "blogiquette" permits this type of blanket criticisms of bloggers who commit this pet peeve. My sense of etiquette is somewhat different.

I've never enabled comments on this blog and that was a decision I made before I launched the blog almost two years ago. I've explained at various times why I don't enable commenting on this blog. I've also said that I can see doing other blogs where enabling comments might make sense.

That said, let me try to answer the well-mannered question, "Who are you, God?"

Reasons I Don't Enable Comments on My Blog

1. I know many bloggers who have turned off comments because of comment spam. I don't even want to fight that battle. I love blogging and I have no desire to give spammers an easy avenue to ruin my enjoyment. I turned off trackbacks recently until I see how the trackback spam issue gets resolved.

2. I've always wanted to use this blog as a way to experiment with my writing, to take my writing in some new directions and let it find its own audience. In my case (and maybe only in my case, for all I know), allowing a bunch of comments doesn't fit with what I want to do with this blog.

3. I've never really made comments on anyone else's blog, except when I couldn't find the author's email address. I'll either send a blogger an email and have a private conversation or, as in this post, use someone's post as a basis for post that may or may not have much to do with the original post. For example, I can't see how this post would be appropriate as a comment on Dana Blankenhorn's blog. It'd put him in a position where he'd need to decide whether to leave this up on his blog. I'm not comfortable with that.

4. People who want to make private comments to me email me. People who want to make public comments make them on their blogs. In each case, they "sign" their comments and take ownership of those comments. Unless I set up registration mechanisms, anonymous comments are possible. I don't see why I need to provide a stage for someone's anonymous theatrical performances.

5. I live in an increasingly newsreader-centric world. I rarely visit blogs, so most of the time comments on a blog don't even reach my radar screen. I'm using a newsreader, after all, to eliminate the need to visit each blog individually. Increasingly, I'm writing my posts with the idea that they will be viewed in a newsreader rather than in a browser by someone visiting a blog.

6. I have a hard enough time following the lines of conversation in the comments to a blog post when I visit a blog, but the feeds for comments I've subscribed to from time to time are indecipherable to me. I can't figure out who's talking. In my opinion, comments are not a good medium for conversations. But that's just me.

7. I subscribed to your feed because I wanted to hear what you have to say. I assume that's why you subscribed to my feed or visit my blog.

8. Finally, the last thing I need is one more silo that holds another set of demands for my responses. I have a hard enough time keeping up with email. A comments area on my blog would be like handling my email in public, only worse because there's no way I would be able to keep up with it and people would probably criticize me for not doing a good job of managing comments. I admire the people who manage comments well, but that's not one of my strengths and it's not what I want to be doing with this blog.

Bottom line: It's a personal thing.

I don't suggest that my approach is the way to go or that you should follow my lead. Some people are obviously very critical of my approach and quick to throw insults. However, I think blogging is cool because every blogger does his or her blog in his or her own way. I like that. I try to understand the reasons for and the benefits of the different approaches bloggers take, and don't presume to think that I have found the one true path of blogging.

Now you have my reasons for the approach I take to comments. I don't mind whatever you take on your blog. It should be whatever approach works best for you. I just don't think blogging should be a "one size fits all" thing.

Posted by dmk at 11:04 PM

December 16, 2004

Looking at Law Firm Diversity Statistics and the Stories They Tell

During the 1990s, I spent quite a few years on my firm's hiring committee. For most of those years, I was on the Steering Committee of the St. Louis Minority Clerkship Program, an effort made to increase diversity in St. Louis law firms by placing minority law students in summer jobs at St. Louis law firms and corporations.

Wendy Werner, then Assistant Dean for Placement at St. Louis University Law School, and Chip Misko, now at Stinson Morrison Hecker in St. Louis, were co-chairs of the committee in a number of those years. At one time, this program was the second-largest program of its kind in the US.

Wendy and I were talking a while back about that program. There were some great young lawyers who went through that program. Some have gone on to do quite well, although almost in every case not with the firm they spent the summer with.

However, when I look at the numbers today, I struggle to see that the effort had any impact on increasing the numbers of minorities in St. Louis law firms. It's frustrating if you look at the goal of increasing representation in larger St. Louis law firms, but, as I said, many "graduates" of the internship program have gone on to do extremely well.

I grew to believe that retention was the biggest issue, and the answers to the questions about retention do not seem to be easy ones for most firms.

I told Wendy that I'd like to see current statistics just to get a sense of where we were after 10 - 12 years.

Wendy sent me today a link to an article called "Women and Attorneys of Color Continue to Make Only Small Gains at Large Law Firms."

The article sets out some thought-provoking statistice about diversity issues in law firms. It's worth remembering in this context that I believe that Georgetown University Law Center either reached or came very close to reaching a 50/50 male/female ratio for law students while I was there in 1980 - 83.

From the article:

"Recent research from NALP reveals that attorneys of color account for 4.32% of the partners in the nation's major law firms and that women account for 17.06% of the partners in these firms."

Compare 1993, when "attorneys of color accounted for 2.55% of partners and women accounted for 12.27% of partners."

As the article notes, "the presence of women comes nowhere near to matching their presence among law school graduates, which has ranged from 40% to almost half since the late 80's. Similarly, the percentage of minority graduates has doubled, from 10% to 20% during the same time period."

What struck me about the article is the way the statistics illustrate the retention issue.

"Women attorneys hold 43.36% of associate or staff/senior attorney positions and attorneys of color hold 15.06% of these positions."

Let me emphasize those numbers:

Women

Associates/staff attorneys 43.36%
Partners 17.06%

Attorneys of Color

Associates/staff attorneys 15.06%
Partners 4.32%

Of course, there are stories, reasons, variations by geography, and special circumstance behind these numbers, but the numbers, at minimum, suggest that something is not working the way it should be. I don't mean to assess any blame, but I don't think anyone will think that these numbers are good. We certainly can do better, probably much better.

The current pressures and environments in law firms, especially large law firms, make it unlikely that we will see movement of these numbers in a positive direction soon. Law firms are grinding up male associates and young partners at an alarming rate, too.

However, I hate to throw in the towel. There should be some new and creative ways to deal with these issues. I have a few ideas that I haven't tried out yet. I know that Wendy has others. Others of you certainly have better ideas than I do. It's worth making the effort.

If you've ever heard me speak on the future of legal technology and the Internet, you know that I like to end with some comments on the role that technology, especially the Internet, can play in both improving diversity and in helping people understand the important role diversity will play in the success of any organization or venture as we move into the 21st century. This topic has moved back on my radar screen for 2005.

How about yours?

Posted by dmk at 08:16 PM

December 15, 2004

Legal Affairs Magazine Offhandedly Insults Practicing Lawyers

I thought that Evan Schaeffer would have picked up on this story by now.

Legal Affairs, apparently an important magazine covering legal issues, is conducting a poll to name the Top 20 Legal Thinkers in America. The list of candidates includes Academics, Judges and Writer/Commentators.

Uh, what about practicing lawyers? I guess my lawyer friends and I don't count as "thinkers" in the rarefied air found in the halls of Legal Affairs.

Despite my apparent deficiencies as a "thinker," I have a few thoughts about Legal Affairs magazine and the attitude it embodies. I doubt, however, that Legal Affairs will find them in the top 20 thoughts directed its way in 2004.

It's great that blogs are going to make publications like Legal Affairs totally irrelevant.

Posted by dmk at 04:59 PM

December 13, 2004

Seconding Tom's Comments on Copernic Desktop Search 2

Tom "Inter-Alia.Net" Mighell has made positive comments about Copenic Desktop Search, noting especially that the new version 1.2 will index Firefox bookmarks.

I've been using both Copernic Desktop Search and Lookout as local hard drive search tools. I've slightly preferred Lookout because of its blazing speed, but its indexing does not appear to be as "deep" as Copernic Desktop Search, especially with PDF files.

Version 1.2 of CDS, after limited use, seems to tip the scales in favor of CDS as a local search engine. Lookout's integration into the Outlook toolbar still makes it my preferred search tool for email messages. Outlook is completely different with Lookout - you will see that your frustration with the "find" tool in Outlook was quite justified.

Microsoft bought Lookout a while back, but I believe you can still download a free copy here.

One warning about Copernic Desktop Search: the indexing can take several hours. While the results are worth the wait, I suggest that you think carefully about indexing for search only the folders where you keep data you want to search for rather than simply indexing your entire hard drive.

I'll leave the work of experimenting with the Google Desktop to others. That program makes me nervous and, given Google's track record so far, I'm content to leave the beta testing of privacy and security issues to those who own stock in the company - they are much more comfortable with risk than I am, and they can afford to take more risk.

Posted by dmk at 10:39 PM

December 10, 2004

Biden's Pre-Announcement as 2008 Presidential Candidacy Buoys Hopes of Copyfighters

The recent stories of Joe Biden's pre-announcement of his candidacy for president in 2008 have raised the hopes of opponents of the entertainment industry's bulldozer drive through the world of copyright and its recent attempts to beef up copyright laws in its favor. Biden, perhaps the leading pioneer in the world of political speech sampling, can be expected to take an expansive view of fair use, sampling and other creative uses of copyrighted materials by artists.

Posted by dmk at 09:45 AM

Rolling Stone's Top 500 Songs List - A Quasi-scientific Study

Rolling Stone magazine set off a flurry of discussion with its recent list of the top 500 rock songs of all time, as determined by an impartial group of voters. The top two songs on the list were:

1. Like a Rolling Stone – Bob Dylan
2. Satisfaction – The Rolling Stones

Many people were surprised by the top choices and the list inspired a great number of other efforts to create versions of the same list from other points of view. For example, I was surprised that a classic song from my youth, "Cover of the Rolling Stone," by Dr. Hook and the Medicine Show, didn't rank much, much higher on Rolling Stone's list.

When I started to put together my own list, however, I quickly saw how difficult it was to reach a final ranking because there are so many great songs. In my case, the top two choices were easy, but then the job got too difficult. Here are Dennis Kennedy's top two songs for a top 500 list:

1. Denis, Denis – Blondie
2. Captain Kennedy – Neil Young

I then decided to try to find some of the other Top 500 songs lists and see if I could find any consistent winners or other patterns. Here's my decidedly unscientific list of findings of the top two songs on the lists I found:

Time Magazine

1. Time is on My Side – The Rolling Stones
2. This Time It's for Real – Southside Johnny and the Asbury Jukes

New York Times

1. Times They Are A-changin' – Bob Dylan
2. Groovy Times – The Clash

Washington Post

1. Whipping Post – Allman Brothers
2. The Poster - Monkees

Saturday Night Live

1. Saturday Night's All Right – Elton John
2. S-A-T-U-R-D-A-Y Night – Bay City Rollers

High Times

1. Eight Miles High – The Byrds
2. The Tide is High – Blondie

Life Magazine

1. It's My Life – The Animals
2. Life in the Fast Lane – Joe Walsh

Spin Magazine

1. Spin the Black Circle – Pearl Jam
2. Could it Be I'm Falling in Love - The Spinners

Money Magazine

1. Money – Pink Floyd
2. Money for Nothing – Dire Straits

Wall Street Journal

1. Another Brick in the Wall – Pink Floyd
2. Wall – Living Colour

TV Guide

1. The Sun Always Shines on TV – A-Ha
2. Tune In - Psychic TV

Popular Mechanics

1. Female Mechanic Now on Duty - Sonic Youth
2. All I Need is a Miracle - Mike & the Mechanics

Obviously, this is not a complete list and probably is not a large enough sample to see any patterns or draw any conclusions, at least not with any certainty.

For what it's worth, I consider Dave Marsh's The Heart of Rock & Soul: The 1001 Greatest Singles Ever Made the best place to begin if you want to start compiling your own top 500 list.

Posted by dmk at 09:17 AM

December 09, 2004

A Manual of Style for Contract Drafting

I get a surprising number of requests from people wanting to know good resources to learn about how to review and draft contracts.

I've found a great new book that I will consistently be recommending. It's by Kenneth A. Adams and it's called "A Manual of Style for Contract Drafting."

From the back cover:

"The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free of the problems that often afflict contracts. This manual highlights common sources of inefficiency, dispute, and misunderstanding and recommends how to avoid them. It offers a level of practical detail not found elsewhere in the literature on drafting."

That sums it up nicely. For example, there is a whole chapter on "vagueness," that covers the common problems and shows great ways to clear up the problems and make contracts easy to understand.

I must confess that I ended up reading it from cover to cover in one sitting and got a lot of great ideas. In my defense, however, I did have the book on my "to read" shelf for a while before I worked up the nerve to get started on it. Even if you have to put it in a plain brown wrapper to hide from your friends, you will want to read this book if you play any role, as a lawyer or not, in drafting and reviewing contracts.

If enough people read this book and follow its principles and examples, we'll all have an easier time dealing with contracts.

I'll give you three choices for learning more about the book and purchasing it.

First, you can go to Ken's website to learn more about Ken and the book.

Second, you can go directly to the ABA Web Store to purchase the book. The current special holiday sale price is $35.95 (a bargain, especially considering the prices of most books for lawyers) and this link should take you directly to the book's order page.

Third, you can buy the book through Amazon through my affiliate link and currently find a $29.97 price and earn me a small commission. The downside of this approach is there appears to be a 3 to 5 week delay in shipping the book from Amazon. The upside is that you can, at the same time, buy Ken's other highly-regarded book, Legal Usage in Drafting Corporate Agreements.

I'll let you decide the approach you want to take, but the decision to buy the book is an easy one.

While you're at the ABA Web Store, be sure to take a close look at the following:

1. For a great set of forms for IT, e-commerce and related agreements (with usable forms on CD - highly recommended), consider The E-Business Legal Arsenal with Forms.

2. David Masters - The Lawyer's Guide to Adobe Acrobat.

3. Tom Grella and Michael Hudkins - The Lawyer's Guide to Strategic Planning: Defining, Setting, and Achieving Your Firm's Goals.

Note that a 10% discount is available for books 2 and 3 if you are a member of the ABA's Law Practice Management Section. If you aren't a member, well, darn it, you should be and this discount might be just the motivator you need.

Posted by dmk at 11:20 AM

Wired's TEST Guide: You Didn't Feel Like Working Today Anyway, Right?

From Kevin Kelly's consistently excellent Cool Tools blog comes a link to Wired's TEST "Ultimate Buyer's Guide" to tech products. It's a 117 page, 8 megabyte-plus PDF file that covers about everything tech tool and gadget that you might be interested in. It will definitely disrupt your day. I'm linking you to the Cool Tools post to get the URL for the PDF because I want you to take a look at the Cool Tools site - it's one of my favorite RSS feeds and blogs.

WARNING: Between the Cool Tools blog and the Wired TEST PDF, you will have a highly increased risk of wasting a big chunk of your working day.

Posted by dmk at 11:10 AM

Holy Cow! Big Law Firm Hourly Rates Rocket Skyward

Leigh Jones's article on Law.com today called "Law Firms' Billing Rates Climb Ever Higher" will confirm what the clients of many clients of law firms already suspected was happening.

This article will give you a lot to think about. Is demand for legal services ever impacted by price? Are 10% (or greater) rate increases appropriate? How high is too high? What possible justifications do law firms have for introducing efficiencies or technology innovation into the process when clients tolerate 10% or better rate increases? Is it time to look to smaller firms, regional firms, spinoffs from large law firms or individual lawyers with focused practices and big firm backgrounds? At what point to clients need to get into the driver's seat and drive technology, alternative fee arrangements and the like? What increased level of service do you get at the increased rate? Aren't those rates in the Midwest (say, for example, St. Louis) starting to look good these days?

Make sure that you notice the associate rate increases mentioned in the article.

There is good news in this article, even beyond the invitation it gives you to shop around your work that doesn't need to be done at the highest-priced firms. Here's the quote from Joel Henning of Hildebrandt International you will want to ponder carefully:

"Lawyers tend to be terrified of losing clients because of increased rates."

This is so true. Clients will want to ask for special treatments and discounted hourly rates as a matter of course. The odds are great that you will get them. You can thank me for this tip when you see how easy it is to save some money on rates. That still leaves the issue of the number of hours spent, but we can save that topic for another day.

Reed Smith reported the highest partner hourly rate - $875 per hour - although you will notice that the firm uses an interesting "it depends on what the meaning of dollars is" argument about this rate. Although blogging fans may think that blawg (and Blawg Channel) favorite and all-around great person, Denise Howell of Reed Smith, deserves to be the firm's highest compensated lawyer, it appears that the $875 does not reflect her hourly rate, so hourly rate bargains for top lawyers are still available even in this market.

[Required humor warning and disclaimer for lawyers: the previous paragraph is intended to be both a joke and a compliment to Denise, not any type of commentary about the policies of Reed Smith, which certainly has the reputation of being one of the best firms in the US - after all, they were smart enough to hire Denise. I still cannot believe how accomplished she is for someone as young as she appears in the picture on the front page of her blog.]

For what it's worth, I'm not raising my hourly rate for 2005 and my approach has been to make any rate increases apply only to new clients. I'll keep my clients on an hourly rate at the same rate that they started with me until they decide that they want to raise them. I've always thought it makes sense to do something special for your existing clients, as does Matt Homann.

The bottom line, as I have told many people this year, lawyers won't move to new technology, KM, alternative billing or much of anything else until clients make them pay a price for continuing to play "business as usual."

Posted by dmk at 11:01 AM

My New Favorite Spammer - Irradiates T. Numskull

In the relentless push to wipe out all spam emails, we sometimes forget the occasional lift that spammers bring to our day when they use clever subject lines or emails.

Share with me, if you will, the chuckle I got when I saw an email from "Irradiates T. Numskull" in my inbox this morning. Sounds like the name of a character in one of Evan Schaeffer's Advice to Law Firm Partners feature in his Notes from the (Legal) Underground blog.

A tip of the hat to chanop@zoilismgestic.com for cooking up this great email alias name. Unfortunately, I don't think I'll be clicking on the handy hyperlinks included in the email.

Posted by dmk at 09:41 AM

December 08, 2004

Dennis Kennedy's 2005 Legal Technology Predictions Article

As you may know, since 1998 I have written an annual legal tech predictions or trends article. Although it does represent an attempt to collect some of my best insights and ideas, it's also something I try to have fun with. In some years, I included predictions from a bunch of experts. The articles have been very popular. One year, the article was reprinted in more than fifteen publications.

Merrilyn Tarlton at Law Practice Magazine talked me into writing my 2005 predictions article for the magazine. That put me in the unusual position of writing the article in early October and knowing that it won't appear until January.

I got to see the page proofs yesterday. I'm so pleased with the layout of the article and the way it was edited. Since I wrote the article two months ago, it was, in a way, new to me. I have to admit that I really enjoyed the article as a reader. In fact, I decided that I finally was able to write exactly the kind of article I wanted to read. That was a cool feeling.

The good news was that the predictions still looked good. The bad news is that the article won't be out until January. Writing for print publications is like a form of slow torture for me these days. I'm even thinking about only writing for Internet publications and blog. Blogs have certainly changed the publication dynamic and I love the "instant publication" aspect of blogging. However, Merrilyn, Amanda and a few of the other editors of print publications I enjoy working with will probably still be able to talk me into writing articles for print.

Writing books and book chapters is another story. I have book chapters I wrote months ago that won't appear in a book until next spring. That's agonizing, especially since a few of my then novel ideas have been written about by others in the interim. There's plenty of room and I'm trying not to keep score, but it's hard not to do so.

I always avoid spilling the beans about the content of my articles until the date of publication, so you'll have to wait until this article appears in January to find out my 2005 predictions.

The article is written with small law firms and solos in mind. That made the article especially fun, because I could focus more on hardware and software than I usually do. I address what individuals can do.

Of course, that leaves me an opening to write another article (or collaborate on one, as I did by being interviewed for an article on tech trends in the December issue of the ABA Journal – that's me opining on client-driven technology, whether WiFi will kill off the Blackberry, and RSS feeds) with a different focus, such as on big firms.

I have a few notes for a big law firm technology predictions article. It's just the start of a draft, but see if you think I have something here that might work for an article:

1. Percentage of big firm lawyers being told "NO!" by IT departments to cool new hardware and software ideas increases.

2. Percentage of big firm IT directors being told "I don't understand what you are talking about or why we need it" by management to ideas that are commonplace in business today increases.

3. Percentage of big firm clients being told "we can't do that" in response to requests for technology changes that actually help both clients and law firms increases.

4. Percentage of big firm lawyers seeing small firm lawyers and solos using cooler technology increases.

5. Large firms continue to pour money down the drain because of projects that will never work but they will not terminate.

6. Dennis continues to find John Tredennick to be the only lawyer to whom he can talk about the potential of using web services.

7. And the big one: more big firms dip their toes into blogging, a few even learn about RSS feeds, and we still wait for an official big firm blog to last for more than a few months.

That might be a little harsh, but I have to report what the crystal ball shows. Have fun in 2005! If I can help you, let me know and we can talk.

Posted by dmk at 12:04 PM

Guy Kawasaki's Hiring Exercise

Planning to hire someone? Try this exercise before you make your decision.

From Guy Kawasaki's The Art of the Start:

"EXERCISE

Think back on your first few jobs. True or false?

_____ I was perfectly qualified.

_____ I am holding candidates up to standards higher than the person who hired me used."

What action steps does your answer require?

For more great information on hiring, check out George's Employment Blog, an excellent example of how practicing lawyers are using blogs to provide useful practical information on legal topics that affect people and businesses on a daily basis.

Posted by dmk at 11:54 AM

Guy Kawasaki on Deal Lawyers

Guy Kawasaki, in his book The Art of the Start, has some choice words for lawyers. If you are a lawyer who represents businesses or you are in a business that uses lawyers, Kawasaki offers excellent insights into the lawyer/client relationship.

Consider this:

"[F]ind a lawyer who genuinely wants to do deals, not prevent them, and set the right legal framework. Many lawyers view their role as the 'adult supervision' that will prevent stupid deals from taking place. However, their bias is often that a deal is bad until proven good. Avoid this kind of lawyer. Instead, find one who views his role as a problem solver and service function for you, the customer."

I recently spoke to a group of IT and business people about the Open Source licenses. I decided to take the approach that if you found good business reasons to implement an Open Source project, you wanted to decide how best to manage your legal risks and how to make the project happen. You didn't really want to have your lawyer tell you "no, no, a thousands times no" no matter what the business benefits of the project might be. The group voted unanimously at the end of my three-hour presentation to let me speak an extra half hour after the original ending time and told me that I wasn't like any other lawyer they'd ever met. Yes, it did feel like a standing ovation.

Lawyers are trained in law school to spot issues and are rewarded in exams for doing so. They don't often get trained to help decide what to do about those issues if you want to move forward and how to balance the various risks. Unfortunately, unless you move past this bias in your training, you will be exactly the type of lawyer Kawasaki advises businesses to avoid. Is that the kind of lawyer you want to be? How do you become the other kind?

Posted by dmk at 11:52 AM

Guest Blogger - Chicago Trolley Ride

CHICAGO TROLLEY RIDE

(Touch) I step on cautiously. The trolley is unknown and unfamiliar. Sitting down on the seats, I have to sit up straight because of the stiff backs. It feels hard, cold, and sturdy. There is no way to relax, no cushion to sit upon, and no place to rest my head. I reach for my camera. It feels cold and flat, like a new, fresh dollar bill; all straight and smooth. I snap a picture.

(Sight) I look around inside the trolley. I see people I have never seen before, surrounding me. Some of them are silent, almost frozen, with thin smiles and serious expressions on their faces. Others are louder, shouting and pointing out things as we drive around the city. When I look out the window, I see cars racing past us, as if they want to get away from everything, or perhaps they're just late for something. Advertising signs beg me to stop for a while, to come and see them. I try to ignore them. I look at the beautiful golden-green colored trees on the sidewalk instead. They rustle and shake as the wind blows on them. I look back inside the trolley.

(Sound) I have no choice but to listen as our tour guide drones on and on. I try to pick up on what the other people are saying, things like "I've been there before" or "look how beautiful that building is.”

(Taste.) My stomach begins to growl and my mouth starts to water. I take out the small sandwich I have packed in my bag. It tastes moist and chewy, while the peanut butter sticks to the roof of my mouth. It tastes too good. I swallow the whole sandwich down. Our trolley turns to the corner where we will get off. It drives slow and steady, with a few speed bumps here and there. As the trolley halts to an end, I think about all the new and exciting experiences I've just captured in my mind. I get off the trolley, and walk on. Ready for new adventures, but the trolley ride stays stuck in mind. It always will. Forever.

- Grace Kennedy

++++

I like the essays for many reasons. They are just good and read so well. There is a strong sense of "voice." They also illustrate the wonderful way her teachers, in this case Kevin Navarro, have developed to teach writing at The College School in Webster Groves, Missouri. One of the tools they are using this year is something called the 6 + 1 Trait Writing Framework, which I want to start using for my own writing. I also think that it is great that these essays each went through at least four drafts, with distinct improvements in each draft.

We are so pleased with The College School and its unique approach to education. One example is the amazing sixth grade wilderness trip. Make a visit to the school's website and, if you are in a position to help the school out, financially, through technology donations or otherwise, please consider doing so. It's a wonderful place.

Posted by dmk at 11:47 AM

Guest Blogger - A Simple Map

A Simple Map

Orienteering is a map of your life. Sometimes, a map leads to a dead end, and you don’t know what to do. Other times, the lines on a map will be confusing and hard to understand.

When I look at my life, it’s a lot like that. But there are good parts to life too. Like your compasses.

My compasses are my parents and my friends. My parents can teach me right and wrong, and can show me where to go and who to go with. My friends can comfort me in my saddest times, and they can listen to me when I am expressing my feelings to them.

They are all there for me, both my parents and my friends when I need them. They help me understand life at my most puzzling times.

My life is a mix of good parts and bad parts, full of ups and downs, and memories to treasure forever. When you think about it, a map shows you a new way to look at life.

- Grace Kennedy

++++

I never thought I'd have a guest author on my blog. However, my daughter wrote two essays for her sixth grade language arts that I liked so much that I asked her if I could publish them on my blog. She agreed to let me do so. This one is my favorite, in part because I wish I could write an opening sentence like the one she has here. She doesn't necessarily agree with how I've divided it into paragraphs, but I like it the way I've formatted it here.

Posted by dmk at 11:43 AM

December 06, 2004

Help Me Research and Article on Mobile Technology for Lawyers?

I'm writing, on a fairly tight deadline, an article on putting together the basic set of tools for mobile computing for lawyers. I want to write this article with the idea of capturing the solid, middle-of-the-road, realistic choices for lawyers. I want to leave the reader with the feeling of "hey, I can do that." Someone else can write an article on cutting edge, pricey gadgets and technological fetish objects - that's not what I want to do with this one.

What do lawyers really use? Ernie the Attorney recently wrote a great post about his laptop setup. I'm interested in what's in your computer bag when you have to be mobile and even what the bag itself is. What is really necessary and helpful? What seems like a good idea but hasn't really panned out? What have you used over and over again? I don't especially care about what new thing you've had for a few days and think is cool - what has stood the test of time? What tools would you recommend to your best friend?

I may try to do some sidebars with recommendations from lawyers, so you have a chance to be included in the article (subject, of course, to the editor's final decisions). If you have some good ideas, email me about them. I'll share a few of my findings on this blog. My article will come out in print in the early part of next year.

Posted by dmk at 11:30 AM

To Tech or Not to Tech; Tech Decisions for Lawyers

I was looking for the electronic version of a new article of mine that just came out in print. Unfortunately, it's not yet available on the web.

The good news, however, is that in the process I found an electronic version of one of my favorite articles I wrote this year - To Tech or Not to Tech from the June 2004 issue of GP Solo Magazine.

The article captures my approach to making good decisions about technology, with some helpful suggestions and links to resources.

I'm increasingly bothered by the lag time from writing an article to publication in print as compared to blogging or publication on the Internet. Anybody else feel the same?

Posted by dmk at 11:22 AM

December 02, 2004

Why Do We Blog?

The blog buzz of the last few days seems to focus on the large collection of reasons bloggers collected at Sandhill Trek. It's a long, but enjoyable read. You will see a bit of that ol' blog magic in there.

My favorite reason, which I always want to claim for my own, came from Lisa Williams at the Learning the Lessons of Nixon blog:

"because I cannot play the guitar."

How can it be said any better than that?

I rediscovered today one of my favorite reasons: finding that people you have a world of respect for, like Joy London, tell you and the world that they find what you write is valuable.

As I like to say, blogspace is a generous place.

Posted by dmk at 05:48 PM

December 01, 2004

Ernie's Laptop Computer

Ernie the Attorney reminded me today of one of the items I have on my rapidly expanding blogging to do list. He describes his basic computing toolbox and the tools in it in a post called "My laptop is my one-stop shop for everything I need."

Great stuff - a good picture of how Ernie can work comfortably on a Mac in the Windows-dominant world of the legal profession. I learned a lot from his post. For one thing, it still amazes me that law firm IT departments are trying to move lawyers away from laptops and back to desktop computers. I love the looks I get from Tablet PC users who ask me why, oh why, lawyers do not realize how Tablets are so well-suited to the way lawyers work when I start telling them stories about the ways lawyers and law firms view Tablet PCs.

As usual, Ernie inspires me to blog better, but, as David Byrne said so eloquently, "I don't have the time." At least not today. But soon.

I've been wanting to put together a similar list of the hardware and software I actually use for a while - in a way "Open Sourcing" my personal technology choices so that people will email me with constructive criticism of my choices and suggestions for improvements. It might also serve as a guidepost for tech vendors who want to send me the latest version of their products, but haven't been sure what I need. As an aside, if I were in Apple's marketing group, I'd be "seeding" Ernie with the best new Apple stuff and making him the shining example of Macs in the law, especially given his profile in the legal blog community and his influential audience. But, what do I know? On the other hand, Apple could get me for the small price of a U2 iPod.

As a bit of a preview, I will mention the coolest addition to my computing arsenal - an HP OfficeJet 9130, unquestionably the best printer I have ever used, including my days in large law firms. Oh yeah, it also copies, scans, and, for those of you still living in the fax world, also faxes. The OfficeJet 9130 has its own keyboard - how cool is that? I'm grateful to my pals at HP for getting me a unit to review, so be sure to factor that bit of disclosure into my gushing review. However, this unit just seems like a great fit for small offices and workgroups in large offices.

And printing in colors! I may lose my membership card in the lawyers club for this, but I have to say to other lawyers, "c'mon over to the world of colors - it's almost 2005 and it might just be safe to take a taste of the world beyond black-and-white printing."

It's amazing how the HP Laserjet became the workhorse in most law firms. Lawyers love them and keep them forever. I recently saw a post from a lawyer on an email list looking for suggestions to keep his LaserJet 1 alive. He could get ten times the printer for less money than it would cost to keep the old one alive! That's customer loyalty. I can see the OfficeJet series capturing the same level of ubiquity in small law firms over the next few years.

Posted by dmk at 09:03 PM

OPEN SOURCING BIOTECH

Jamais Cascio's "Generic Biomedicine" post on the appropriately named "Worldchanging" blog poses a simple question. "The American patent on Human Growth Hormone -- useful for fighting wasting diseases associated with AIDS -- expired in 2003. So why isn't there a far-less-expensive "generic" version available in the US?" His answer includes both the technical answer and a fascinating discussion of the application of "Open Source" principles to biotechnology, including what is already happening and what may well happen in the future.

Posted by dmk at 08:56 PM

Dennis Kennedy