Dennis Kennedy

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October 31, 2005

Why Aren't More Lawyers Doing E-Discovery?

Whenever I talk about electronic discovery with non-lawyers, they always are surprised by how lawyers seem to avoid electronic discovery whenever possible. They often ask me why I think this is the case. I don't really have the perfect answer for that question, although I tend to use the "fear" answer more frequently these days.

Tom Mighell, Evan Schaeffer and I, however, show no fear in trying to give our answers to this question in our latest "Thinking E-Discovery" column called "Why Aren't More Lawyers Doing Electronic Discovery?" on the essential electronic discovery portal site, DiscoveryResources.org. We really enjoyed writing this column and I recommend it highly.

I'm still trying to do my part in educating those of you who deal with lawyers struggling with the whole notion of electronic discovery, as well as lawyers wanting to learn more about electronic discovery, with the seminar I mention at the end of this post. Mention this post when you book my seminar and I'll give you a 5% discount.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 09:55 PM | Comments (0)

Document Management and the Mathematics of Technology Investment - Article

[Note: This post is another in the series of reposts of some of my articles. My friend Tom Burke at Worldox mentioned to me the release of the new Worldox GX version of the popular and well-regarded document management program. I've liked Worldox for many years and Tom is one of my favorite people in the legal tech world. In honor of the new version of Worldox, I'm reposting an article I wrote on document management basics back in 1999 in my monthly column for The Indiana Lawyer. I've updated the prices listed in the article, but otherwise left it unchanged except where indicated.]

Document Management and the Mathematics of Technology Investment

I read the other day that, on average, we spend sixteen minutes a day looking for lost or misplaced items. Based on my experience in law firms, sixteen minutes seems a little low. Lawyers seem to spend a great deal of time looking for documents, on their computers and even on their desks.

If we assume that the average lawyer works 250 days a year, then he or she spends approximately 67 hours a year looking for documents. The median hourly rate for lawyers these days is about $150 per hour. Sixty-seven hours times $150 per hour gives us approximately $10,000 as a monetary cost of looking for documents. On average. Your situation might result in a higher number.

Lawyers sometimes question the benefits of technology spending because they see the benefits as too intangible. Let’s try this experiment: imagine a technology that reduces the times you spend searching for documents on your computer in half, or to eight minutes a day. As you will soon see, this estimate is very conservative. Over the course of a year, that technology could save you $5,000. You can see a "return on investment." In fact, if you can successfully implement that technology for under $5,000 per user, you pay for the technology in savings in the first year alone.

I like to use document management as an example of a technology with an excellent return on investment because it is a simple, utilitarian technology that does not immediately grab your attention.

Document management software simply provides a way to "manage" your computer files so you do not have to deal with the intricacies and limitations of standard filing conventions of Windows or other specific programs. This industry segment grew up as a means to get around the infamous "8 and 3" eleven-character file name limitation of DOS. You may remember the days of using a file name such as TILARTDM.999 for an article written for The Indiana Lawyer on document management in September 1999.

Users struggled to find ways to name documents in 11 characters and still be able to find them and figure out the shorthand months or years later. Some users established thousands of directories and subdirectories as a way to organize files.

Conceptually, a document management program intercepts the "save" command and presents you with a screen that allows you to give your document an extended name (such as "Smith v. Smith Motion to Modify Child Support") and to provide "profile" information (author, typist, client, matter, keywords). After you fill out that screen, the document manager continues the "save" and files the document for you. When you next open the file, you simply retrieve it out of the document management software, with the extended range of options and ease of use it provides, rather than fussing with the underlying file structure.

The key to document management is that you really don’t care where the file sits on a hard drive, you just want to be able to find, access and use it quickly. Document management software allows you to do this. And a lot more.

Other helpful features let you do full text searches across your hard drive or network, organize your documents in a structure meaningful to you, associate keywords (such as "form") with documents, and share the "knowledge" accumulated in your documents and across your firm.

Full Text Searching. Document managers each use some form of indexing on a regular basis to let do lightning fast full text searches of all your files. Instead of vaguely remembering a memo on postnuptial agreements done 3 or 4 years ago and sending out a team to track it down, with document management, you can search on words and phrases much like you can with a search engine on the Internet or with LEXIS or WestLaw. Running a search on "memorandum and postnuptial" will, within seconds, give you a workable list of likely candidates. In some instances, you might need to refine your search once or twice. Many firms have bought document management programs for this feature alone.

Improved File Structure. In many firms, you find a hybrid of file management structures. Some attorneys have separate directories for each client. Some have directories by document type. In some cases, each attorney has an individual directory containing all of his or her documents. In each case, sharing documents or finding someone else’s documents becomes quite difficult.

Since the physical location of a file does not matter in a document management system, you can specify client, matter and other information for each document and create "views" that allow a user to see, for example, all the documents involving a certain matter arranged in reverse chronological order. Click on the document you want and you can retrieve it. The underlying location of the document simply becomes irrelevant. If you like to see all of the files you have created in one place, you can do that. At the same time, an associate can have another view of all documents relating to a client that includes your documents. Each view exists independently and neither view affects the other.

Profiling Documents. Document managers let you categorize documents and then use those categories for searches. For example, identifying authors will later allow you to retrieve all memos written by a particular summer associate. Categorizing certain documents as forms (and protecting them from editing except by designated individuals) can help you set up an excellent form file.

Knowledge Management. "KM" is a big buzzword these days. You can use profiling and categorizing aggressively to help share important information and even the accumulated knowledge or wisdom across a firm. For example, by using keywords, you might also be able to find easily documents like buy-sell agreements with rights of first refusal favorable to the shareholder leaving the business.

You have a number of choices in document management programs. Four of the "big names" are PCDocs [now Hummingbird], Worldox, iManage [now part of Interwoven] and ProLaw [Now part of Thomson Elite]. Each does a few different things in a few different ways. All are worthy of consideration.

Here’s an example. The current pricing structure for Worldox is $375 per user for the first year and $70 per year thereafter. You’ll also need a modest workstation for indexing and some time of set up profile screens and other features. Other document managers typically require a separate SQL server and, for that reason, can be expensive for small and medium-sized firms. But . . . remember the $5,000 per year in "lost" time example (and each vendor will tell you that estimate is highly conservative) and consider how quickly your investment might pay for itself.

Document management is an example of using technology to help lawyers right where they live - under a huge stack of documents - and in a way that helps them directly. Some even suggest scanning all documents in your file, getting the scanned document files into your document management system and then literally having an electronic copy of your entire case file retrievable on your computer. The math on document management is surprisingly easy. Your life might well be a little easier too.

An earlier version of this article appeared in the October 13, 1999 issue of The Indiana Lawyer.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 09:38 PM | Comments (0)

October 30, 2005

Extranet Basics: Taking a Step Toward a Client-focused Practice - Article

[Note: This article, written in 2000, may have been the first place where I started to set out my notion of "client-driven technology." I recently enjoyed a compliment from an extranet vendor about how he had pointed many people to this article over the years. Extranets may now be the easiest way for law firms to provide clients with something they really want by offering a helpful technology. As recent surveys show, extranets are still not used very often by law firms,]

Extranet Basics: Taking A Step Toward a Client-Focused Practice

When we think about technology, we usually focus on ways to make our practices more productive and our lives easier. These are important goals, but in this column I want to shift our usual focus away from ourselves to our clients. As the legal profession sees growing competition both internally and externally, retaining existing clients will become increasingly important to many firms’ survival.

An Internet application called an "extranet" may prove to be an excellent way for many law firms to use the Internet to improve the attorney-client dynamic and retain current clients.

Everyone is familiar with the Internet, the giant global network of computer networks. And nearly everyone has used an Internet browser, such as Internet Explorer or Netscape’s Navigator, to find helpful web sites. Some of you may even be familiar with "intranets," or large internal web sites within a single firm. The former Latin students out there will not be surprised then to find that extranets refer to private web sites that are directed to one or more outside entities.

An extranet is a private, secure web site that, while available over Internet through a browser, can be used only by a limited audience to whom you have given the necessary permissions. Conceptually, there are two types of extranets. The first is a standard web site that has password-protected private areas of content and features. The second is a web site that gives password-protected access to limited portions of a firm’s intranet or internal computer network.

The key difference between an extranet and a web site is that an extranet is secure. No one gets access unless permitted.

A law firm can use an extranet to open access to a controlled number of outsiders, typically co-counsel and clients. An extranet also allows you to customize the levels of access and the amount and type of information made available. Since an extranet is programmed like a standard web site, you can have text, graphics, audio, video, message boards, chat sessions and any other Internet feature on your extranet. In other words, you can personalize an extranet specifically for your client, not unlike the My Yahoo web site.

A few examples are in order. On an extranet site, you might make sanitized versions of research memos and updates to articles available to clients only. You might make copies of all a client’s documents, including drafts in progress, available only to that client. In litigation, you might give a client access to deposition transcripts or even video of depositions, or share all case information with co-counsel. An extranet might provide a client with instant access to time and billing information, electronic bills, and message boards to leave comments for attorneys. Rather than preparing huge closing binders for real estate deals, a firm could instead give a client an electronic copy on an extranet. An extranet might provide clients with updates of legal developments and summaries of cases of interest.

The beauty of an extranet is that your clients require no technology other than a computer, an Internet connection and a browser. And they can access your extranet from any place they can access the Internet.

Extranets have become popular in the corporate setting and, as a result, law firms are getting pressure to offer extranets. As the Internet increasingly changes our expectations about customer service, lawyers must keep up with developments. For example, many consumer web sites show you how many units are in stock before you order and let you track your shipment with the click of a button. Why shouldn’t a client expect to click on a button and see current billings and work in process?

Extranets can be developed internally or "outsourced" to a company like LegalAnywhere that provides a packaged solution. As an extranet gets more complex, or ties into your computer network, you will need a higher degree of sophistication and programming, but standard approaches can serve you well as you get started.

Extranets require commitment. They must work flawlessly. They require that you pay attention to message boards and update content regularly. As you provide features and your clients use them, your clients will suggest new features and expect you to add them. Adding video, message boards, chat rooms or other features can place demands on your systems and your people.

Costs, not surprisingly, will vary, but your first extranet can serve as a template for many other clients.

While I believe that extranets offer a way for firms to innovate and even transform a practice, let me focus on the practical – cutting costs. There are two sides to this cost-cutting equation. With an extranet, you can readily find savings in paper, printing and copying costs, long distance, overnight shipping and postage costs, and travel costs. Moving to a form of electronic billing may help you be more efficient in billing and collecting from your clients.

More important, however, is to focus on the ways an extranet can save your clients money. Can you save them copying, printing, shipping, long distance and travel costs? What if you offer a discount for moving to electronic billing? What client will not like a lawyer suggesting ways to save money?

Extranets can also help you market to your clients. By keeping them informed and making them aware of all your services, you add value to the relationship. An extranet can tie a client to your firm, not just to the attorney with the personal relationship. If a client gets used to the benefits and conveniences of its customized extranet, the client will find it harder to go with a lawyer who is leaving your firm or to another firm without the same level of service.

Clients do not like it when they feel you are not paying enough attention to them. An extranet that keeps them up-to-date, provides them with news and developments and even allows them to collaborate on projects and documents will show your clients that you are paying attention.

If you get the underlying concept of extranets, you should already be generating some good ideas. Extranets are increasingly common in class action cases, multi-state complex litigation and general corporate representation. Extranets offer a way to move toward a more client-focused practice and should definitely be on your technology agenda.

An earlier version of this article appeared in the March 15, 2000 issue of The Indiana Lawyer.

[Originally posted on Dennis Kennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy’s legal technology consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers. And, of course, consulting on extranet options and opportunities.

Posted by dmk at 05:56 PM | Comments (0)

October 28, 2005

The Best is the Enemy of the Good: Making Good Technology Choices

[Note: This article from late 1998 is one of my favorite little articles. It covers a topic that I often struggle with. Re-reading it, I was struck at how applicable it is to the new world of Web 2.0 apps.]

The Best is the Enemy of the Good: Making Good Technology Choices

I have recently been rereading Harry Beckwith's wise book on marketing called Selling the Invisible. I cannot recommend this book too highly. It is a collection of short kernels of wisdom on much more than marketing that will make you stop and think on nearly every page.

I had dog-eared a page that contained a short section called "Fallacy: Perfection is Perfection," where he says "You can easily get stalled from the shift from strategy to tactics because you are paralyzed by the desire for excellence." He goes on to say that here is a good way the rate the "Best Plans" in order of desirability:

Very good
Good
Best
Not good
Truly god-awful

This list gets my interest. Why does good rank above best? "Because," he says, "getting to best usually gets complicated."

Indeed it does. Beckwith says we start to face issues like can we agree on what is best, how long will it take to agree, and will reaching best in one area require sacrifice in other areas? The most important of these questions is "will all that excellence really benefit the person for whom it is intended?"

The greater the push for the perfect plan or result, the more chance what we will instead find is delay. Beckwith says that a "paralysis" sets in from the "fear that executing the plan will show that the plan was not perfect." As he says, "too often, the path to perfection leads to procrastination."

Yes!

I was reminded of this again because I am in the "buying a new computer" mode, a time when my friends know that it is best to avoid me, at least on that subject. I've read every article on laptop computers, checked all the comparison ratings, talked to everyone who will listen to me, and . . . done nothing. I even tried to break the spell by writing an article for Lawyers Weekly USA on how an attorney should choose a laptop computer, but still haven’t been able to follow my own advice in my article - even though my advice really makes a lot of sense to me.

It's the curse of The Best. Not the best computer, mind you. Instead, the best decision about a computer. I've fallen into the perfection trap. My quest has become finding the best performance and features for the lowest price, a goal that, even if achieved, will probably be mooted within a week or two.

In the technology arena, many people are motivated primarily by avoiding the truly god-awful decision. With research, consultation and reasonable efforts in the decision making process, you can get into the "good" choice range pretty easily. According to Beckwith, this is a result that ranks above Best. Ironically, often the only "truly god-awful" choice is standing pat with obsolete technology and doing nothing.

Often, it doesn’t take much more effort to get from "good" to the "very good" category. Think about it, really: either Word or WordPerfect, by any standard, are very good choices, as are Novell or Windows NT on the network side, Netscape Navigator or Microsoft's Internet Explorer as browsers. You can't go too wrong. A choice can be made pretty quickly and then efforts focused on making it work for you.

Unfortunately, especially in a committee setting, that's easier said than done. Inexorably, you start to move toward the Best. The tip-off is when you start to talk only of specific features and move away from discussing benefits to users.

This movement toward the Best moves you away from reality to a fragile construct that finally barely can stand on its own. An example? I did all this research, came to a decision about a laptop computer. I mentioned the brand I was considering to a friend and the friend made a comment about how the on/off switch on his laptop of the same brand really annoyed him. Boom, I tossed away my decision and went back to square one. And I didn't even try the on/off switch for myself.

You will recognize this phenomenon at your law firm. Months go into making a decision and one day someone reports that a friend's law firm tried the same approach and it was a disaster. All the work you did gets thrown away and yesterday's consensus gets tossed into the trash can.

How many reviews do you have to see to convince yourself you are right? Your focus can easily turn to an abstract notion of the perfect choice and you get stuck.

I have been doing a lot of thinking lately about the implications of handheld computers (e.g., the Palm computing devices). What intrigues me is that these devices are moving us to a place where we can choose a device that reflects how we work best instead of being forced to accommodate our working patterns to the technology. You like to write out things - get a computer that has handwriting recognition. Like to dictate first drafts - speech recognition.

Here is a clue to dealing with the curse of the Best. Turn the focus back on to what you need, what will help you and what will make you work better. Move away from an endless comparison of features, especially those features you probably won’t use. Do the same thing on a firm-wide basis and keep those questions at the forefront as you make decisions. As Beckwith says, focus on what will really benefit the person for whom the technology is intended.

This approach should move you comfortably into the zone of the good and very good. You can then move forward and focus on making what you’ve chosen work better for you.

When you start to drift into the nether worlds of the Best and find yourself stuck, turn to the practical, not the ideal, the real-world concerns, not abstract test results, and filling your needs, not the often esoteric concerns of reviewers.

As Beckwith says, "Don't left perfect ruin good." Or, as my wife says, "will you just buy a computer?"

An earlier version of this article appeared in the November 1, 1998 issue the Legal Technology Strategies Newsletter.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - LexThink BlawgThink - the legal blogger unconference.

Posted by dmk at 07:25 PM | Comments (0)

October 27, 2005

Seven Easy Ways for Law Firms to Throw Away Money on Technology - Article

[I wrote this article at the end of 2003. The end of the year has always seemed like a great time to step back and take a close look at what you are doing and see if it makes sense to continuing doing it. No one likes the word "audit," but taking a close look at what you are doing right and wrong is a necessary first step for doing strategic planning for your technology. Or you can keep pouring money down the drain.]

Seven Easy Ways for Law Firms to Throw Away Money on Technology

Technology spending has grown to comprise 4 to 6% of the average law firm’s budget. The sad story is that many law firms, despite their best plans and intentions, are throwing many of their technology dollars down the drain.

I am talking about real money, not potential savings, not speculative productivity numbers, and not “potential” new clients from web sites or “knowledge management” efforts. There are many ways to toss away money on technology. How many of the following ways to waste your budget apply to you?

1. Do not align technology projects with business goals. The results: projects that never get completed or produce any benefit and diversion of dollars away from great projects to pet projects.

2. Do not quantify and measure results. The results: projects with costs far greater than any benefits and lingering projects on which the plug should have been pulled long ago.

3. Buy new software when you already own software that would perform the task you require. The result: your losses compound as you add training costs for the new software to the costs of the software.

4. Be unaware of all of the legal software alternatives. The results: paying too much for software that sort of fits your needs when better options exist.

5. Do not explore volume licensing options and, in particular, Microsoft licensing options. The results: paying a higher price than necessary and, in the case of Microsoft products, incurring unnecessary upgrade costs.

6. Have a technology committee without experience, expertise and a clearly-defined mission. The result: even simple projects take years to make decisions about and IT staff operates on its own.

7. Fail to educate your IT staff about your legal practice and the unique issues involved. The results: ill-advised decisions, misdirected priorities and technology gaffes involving clients.

And these seven ways represent just the tip of the iceberg. You may also be putting money into technologies already known to be on their way out, locking up your data in proprietary systems, buying overpowered or underpowered hardware, paying insufficient attention to security and antivirus issues, and creating difficulties in communicating with clients. You have to find a lot of extra hours to bill to be able to toss away that kind of money. The best route, of course, is to take a good hard look at what you may be doing wrong, refocus your efforts and save some of the money you are wasting to use for technology that helps you.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy’s legal technology consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 07:52 PM | Comments (0)

October 26, 2005

Al Robert Requests Some Help

Al Robert, an alumni of LexThink 1.0, posts a request for help in the aftermath of Hurricane Katrina. He's a great guy in a tough spot, as you'll see from his post. I wanted to help get the word out and, if you have ways you can help out, please get in touch with Al. As he suggests, "what a difference a day can make," for any of us, at any time.

It's important to remember that the effects of natural disasters do not end for those directly involved as our memories of the disasters start to recede.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:32 PM | Comments (0)

Reprising Carolyn Elefant

In honor of BlawgThink 2005, Carolyn Elefant posted a link to a great presentation-by-blog she and Jerry Lawson did in 2003.

Let me reprise my original post on that presentation in honor of all of Carolyn's great work on MyShingle.com:

"What Blogs Can Do for Solo and Small Firm Lawyers is a cool new approach to doing presentations via blogs by Carolyn Elefant and Jerry Lawson. It has great content and is a highly inventive use of the blog form.

I think the "blog presentation" approach makes great sense as a way to repurpose a presentation on the web. My opinion, however, is that this approach is too "texty" for a live presentation and PowerPoint, used well, is a better tool."

The presentation stands the test of time and is full of useful information. It's also interesting to see the "blogroll" for that presentation blog and see the list of excellent blogs that have also stood the test of time. Great stuff.

Carolyn will be one of an amazing slate of speakers we've been fortunate to put together for BlawgThink 2005. We'd love to see you there.

I know that many of you are curious about Jerry Lawson's blog silence of late. I've exchanged emails with Jerry recently and can report that he is well, but extremely busy, and, with luck, we'll see his return to the blogosphere before too long.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - LexThink BlawgThink - the legal blogger unconference.

Posted by dmk at 08:17 PM | Comments (1)

Introduction to Mind Mapping - Article

[With our big MindJet Mind Manager 6 announcement today for attendees of BlawgThink, I thought I'd post my August 1999 article on mind maps. I've updated a few references and eliminated some links that no longer work, but this will give you my general approach to mind mapping and why I've used them for many years.]

AN INTRODUCTION TO MIND MAPPING

I wasn't planning on it, but I started a spirited discussion thread on the TechnoLawyer list a month or so ago about mind mapping and mind mapping software. Portions of the thread can be read in the August/September 1999 issue of Law Office Computing.

Mind mapping, or radiant thinking as it is sometimes called, is a fairly new technique that allows you to both brainstorm and structure your thoughts using graphics, colors and words in a free-ranging map. It's easier to see than to describe, so take a look at some examples at http://www.mindjet.com/us/download/map_library/index.php or http://www.mind-mapping.co.uk/mind-maps-examples.htm.

My recommended starting point is Tony and Barry Buzan's The Mind Map Book. Tony Buzan (http://www.buzan.co.uk) is the acknowledged authority on mind maps. Michael Gelb's How to Think Like Leonardo DaVinci is another interesting starting point as Gelb analogizes mind mapping to DaVinci's notebooks which were replete with drawings and notes.

Mind maps are generally seen as an alternative to outlining. My third grade (or whenever) teacher who first taught us outlines put the whammy on me for outlines. I really don't like using formal outlines and the association of outlining with law school exams is not a pleasant one. But, I did find myself pleasantly surprised by the Palm outliner, BrainForest, which prompted my role in the discussion thread.

The main criticism of outlines is that they force you to impose a rigid structure on your thoughts as you put them down on paper. They also get unwieldy as they become more complicated (hmm, here's a point W.3.c.ii. ? I wonder what in the world point W.2 was). In general, outlines do not allow your ideas to flow.

Mind mapping lets you brainstorm and generate and connect ideas. More important, you can see new connections between ideas and make new connections. You can also take your mind map and turn it into a traditional outline later.

I've used mind maps regularly for several years. I like the process and the results. In fact, I have a whole notebook full of mind maps of articles, plans and ideas.

As a general matter, you take a piece of paper, turn it lengthwise, write your main idea in the center and make a related drawing. You then start to radiate ideas around the central image. For example, with an article like this one, I would start with the word "Mind Maps" and an image in the middle of the page and then surround it with other points I wanted to raise: "comparison to outlines," "resources," "Harhai article," "PowerPoint lessons" and other points. I might draw little pictures with each point.

Then I'd move to each individual point and repeat the process. For example, for "comparison to outlines" I'd surround it with "third grade experience," "law school exams," "RIGID," "unwieldy" and maybe a picture of a person with the flow of ideas out his head blocked by a dam called outline. You try to get your ideas out of your head and onto paper, without self-criticism. That can come later.

At some point, you reach a sense of "done" and you can then look at the tentative mind map. You might add some new points, draw arrows between points, number points or leave gaps for something you might add later. You might use highlighters or different colors of ink. In fairly short order, you have most of your ideas on the piece of paper and the structure that those ideas have may become much more apparent to you.

Contrast this to preparing an outline, where I tend to fuss over numbering schemes and can't get past the notion that you must have at least 2 sub-points. What I learned, though, from the discussion thread and from using BrainForest on the Palm is that if you are willing to break the "rules," outliners can give you a lot of flexibility because you can move points around and even do some brainstorming.

Unfortunately, outliners still don't let you view your ideas and see the structure that may be present in your ideas as readily as mind maps do.

The downside of mind mapping (other than the difficulty of explaining it to a senior attorney and the more "rational" and traditional of your colleagues) is that that the best mind maps are like miniature works of art and you feel obligated to include drawings. If your elementary school teacher left you with the feeling that you didn't have a single artistic bone in your body (don't get me started on what my elementary school music teacher did to me with music), this can be daunting.

Enter the world of mind mapping software like Inspiration and MindManager. What if instead of drawing on big sheets of paper, you had a computer program that allowed you to select images (or draw them) and arrows, shapes, et al.? What if you could move parts of your map around and resize them automatically? The mind mapping programs let you mind map on your computer.

These programs can work either for creating a mind map or for "cleaning up" a mind map you've made on paper. There's a certain tactile element to creating a mind map on paper that might get lost for some people if they tried to start with a blank screen rather than a piece of paper. [Note: Tablet PCs rock in connection with mind mapping.] Since mind maps are about promoting the flow of ideas, you want to focus on what works best for you. Some people also like to draw their own images and not pick among pre-fab images.

I've found the opposite to be true. One of my favorite parts of creating a PowerPoint presentation is the part where I sort through the clipart library to find an image that fits the points I'm making on the slide. Many times, once I make the selection of the image, I realize another point or two I want to make, change the order of points or realize what example or anecdote I want to use in that portion of the talk. It's a fascinating element of the creative process and has brought home to me both that the visual element is a key part of the thought process and that the more senses that you can use in the creative process the better.

Mind mapping is one of a number of "thinking tools" that are becoming available to lawyers as technology slowly begins to give us tools that help us work the way we work rather than forcing us to work in ways that programs work. CaseMap (http://www.casesoft.com), to me, is another important legal "thinking tool." Others have experimented with the Brain (http://www.thebrain.com) and Trellix. For a great introduction to legal thinking tools, take a look at Steve Harhai's excellent article in the November/December issue of Law Practice Management magazine, a version of which is on the web at http://www.coloradofamilylaw.com/Articles/Thinking%20Tools%20(9-98).htm.

If you are interested in mind mapping, the definite starting point is Buzan's The Mind Map Book. I'd try making a few mind maps and seeing if they work for you before jumping into a program. I assume that the choice of this type of program will be highly idiosyncratic and that there's no one "best" program out there, but I wouldn?t expect the main features of the programs to be too different. Mind mapping is a fascinating and useful "thinking tool."

+++++

Want to attend BlawgThink? Let me know.

Note: This article is one of a series of my previously-published articles that I'm making available for free on my website and incorporating into my blog. Other of my articles may be found in the Articles category archive on my blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - LexThink BlawgThink - the legal blogger unconference.

Posted by dmk at 07:29 PM | Comments (0)

October 25, 2005

A Mobile Computing Kit for Lawyers - Article

[Written in December 2004. Published in Law Office Computing.]

A Mobile Computing Kit for Lawyers

An anthropologist could spend years studying what lawyers carry in their briefcases and laptop bags and how the items have changed over the years. There is always a story that explains the need for each item. The story usually involves a traumatic incident that made the lawyer vow never to travel without the item ever again.

In my case, you will find the screwdriver I carry because I couldn't unscrew a projector cord that had tightly secured too tightly to keep the cord from pulling out of my notebook computer. You will see the USB hub I carry because I can't always fit USB devices into the space for the USB ports on my notebook. The three-prong adapter is the result of finding myself with a three-prong plug in a room with only two-prong outlets.

You get the idea. However, my purpose in this article is not to share my technology snafus that only seem funny in retrospect. Instead, I want to help you put together the best travel kit for your mobile computing needs based on the lessons I've learned the hard way and from the wise and kind advice of others.

1. The Focus is You.

In mobile computing, the idea is not to assemble a set of 5-star reviewed devices, hot gadgets or status items. You want to have the tools that help you get your work done, often when you are under pressure, up against time deadlines or in other stress-inducing situations.

Your first guiding question should be, "What do I need to do?" Great athletes visualize themselves in expected scenarios, from making the perfect shot to skiing the perfect slalom run. The best users of technology use a similar visualization process.

Think carefully about the scenarios in which you are most likely to use a notebook computer. Picture how you will actually be using it. If you expect different types of uses, consider how the notebook will work for you in the most important setting.

For me, I care the most about how a notebook works for me when I do presentations, many of which involve air travel. That use dictates my choices. If your main use will be taking notes in depositions or drafting documents in your favorite chair at home, my choices will not be the best choices for you. Focus on what works best for you.

The second key question is just the follow-up to the first one, "Does the item you want actually help you do what you want to do?" If you plan carefully, visualize and understand what you need, you will know the answer to this question. The true challenge is whether you can put aside cost, envy, desire and all of the other tangible and intangible issues that conspire to keep you from voicing that answer and acting on it.

2. Let's Get Started . . . With the Bag.

Your choice of computer bag plays a more important role than you might imagine.

What you have in your ultimate travel kit will be limited by how much you can fit into the bag. As a result, your ultimate travel kit is going to contain something less than everything that you might want and something more than the bare minimum essentials. You want to make the best use of the space you have.

I have been using a two bag approach. The first bag is an "everyday bag." For the past six years, I've used a Targus combination bag that can be carried as a briefcase, used with a shoulder strap and also works as a backpack. It's very versatile and makes a great standard choice.

However, even in the backpack mode, it still gets heavy when I hoof it long distances through airports. I now use a wheeled laptop bag when I travel. I thoroughly recommend this approach for air travel and other times you need to carry a heavy bag for an extended time or distance. Test them out before you buy because small details make big differences. Features I like include the little feet on the bottom that keep a bag from falling and smoothly rolling wheels.

Certain people might also consider a less-functional "dress bag," such as a fancy leather or aluminum case for client meetings or court appearances. Don't forget about functionality in your quest for style. The other option that might come into play is the "bohemian" backpack or satchel to make the scene at a coffee house.

A well-chosen computer bag is an essential component of the ultimate travel kit.

3. The Essentials.

The notebook computer is the central core of your travel kit. Today's notebook computers truly have the power and storage capacity to let you carry your office with you. If you haven't purchased a computer in a few years, you will be amazed at what you can get today.

It's hard today to make a really bad choice in notebook computers and most of the ones available will do more than the average lawyer requires. There are still a few important factors to consider.

First, you will want to identify the appropriate category for you. Today, there are six categories of notebook computers to consider. One of them will make the most sense for you.

The Middle of the Road - These moderately-priced notebooks are solid, if unexciting, computers that are great all-around choices. They fall into the middle in almost every category and will never dazzle anyone with their design. However, they do almost every job well.

The Desktop Replacement - These notebooks are high-powered and high-priced. They are also big in many ways - big screens, big hard drives and did I mention the big prices? If you handle large amounts of data or work with audio and video, you might consider these. The cost can be a thousand dollars or more than a middle of the road computer.

The Subnotebook - If you travel, every pound you save is important. You can find subnotebooks under four pounds. There are tradeoffs with subnotebooks, including smaller screens and external, rather than internal, CD or DVD drives. These make the most sense for frequent travelers or if you simply want to use a computer in different rooms in your house.

Tablet PC - Tablet PCs seem to be made with lawyers in mind, yet lawyers rarely buy them. No one really understands why. Tablet PCs are full-featured computers that allow you to enter data and write on the screen with a stylus. If you are a litigator, you owe it to yourself to look closely at the Tablet PCs. Other lawyers should consider them as well. The cost differential is less than most people think. Tablet PCs would be great on crowded flights.

The Mac Notebook - Macintosh notebook computers are a realistic option today. They are excellent wireless tools and highly-regarded notebooks. Consider your actual uses and what software is available. If you do your homework, there might be a Mac in your future.

The Mini-Theater Notebook - This new category consists of behemoth notebooks with very large screens, DVD drives and great video and sound cards. They will meet your work needs, but they are unparalleled for watching movies on DVDs. These might be good choices for litigators working with video depositions or for lawyers who need large screens for particular purposes. Frankly, though, traveling with small children is one of the best reasons for using one of these. These notebooks probably are options for small firm lawyers because it is difficult to imagine getting a request for one of these approved by a large firm IT department.

Recommended Specs in 2005.

I see 512 megabytes of RAM as a minimum choice these days and suggest getting a gigabyte of RAM. Unless you are playing high-end games or working with video, almost any processor chip available today will be more than adequate for normal use. The built-in wireless networking and improved battery life make the notebooks with Intel's Centrino chips a good choice.

Take a good look at screen size and quality and pick the one you like. USB and Firewire ports are all-but-required today. Bigger hard drives are better. I recommend some form of optical writing device - DVD writer, CD-RW, or a combo DVD/CD-RW. If you don't have a Centrino-based notebook, a wireless network card (very inexpensive) is essential.

4. Communications/PDA Device.

Notebooks with wireless Internet access are changing the equation in this area. I personally have moved to a notebook computer and a standard cell phone and stopped using a PDA (Palm or Pocket PC device). This area is truly one where personal preferences reign supreme. Make your best choices and toss them in the bag. Don't let your IT department convince you that a Blackberry is as good as having a notebook.

5. Accessories - Essential.

Required Power Supplies, Rechargers and Add-on Devices - You cannot live by batteries alone. In fact, you will want to use AC power whenever possible to reserve battery life for when you need it. Some notebooks have swappable or external drives. Take them with you.

USB Flash Drives - These tiny devices hold a ton of data at a tiny price. Since the summer of 2004, prices have plummeted, all but killing off floppy drives. These drives come in 128 megabyte, 256 megabyte, 512 megabyte and 1 gigabyte sizes and plug into the USB port on your notebook. They are indispensable. They are also easy to lose, so be careful with them. Your travel kit should have one or two of these.

USB Optical Mouse - Gadget gurus talk about all kinds of cool devices. The one thing they all use is an USB optical mouse. These are often available for under $20 and come in wired and wireless flavors. If, like me, you have the habit of dragging your thumb across a touchpad, these are immensely helpful. Just plug them into your USB port and your ready to roll.

Portable USB Hub - With so many useful USB devices available, you can easily have more devices than ports. For about $20, you can get a very small 4-port hub to plug into your notebook's USB port and plug in four devices.

Headphones - If you can't work on a plane, you might as well listen to music or watch a movie. They can also come in handy if you don't want to talk to the people sitting next to you.

The Emergency CDs for Your Computer - They're no help if they're at home.

Standard Network Cable and Phone Cable - Worth their weight in gold when you need them.

A Small Screwdriver or Toolkit - Or any other item that past experience has taught you that you can't be without. Be prepared. Avoid the Swiss army knife with tools unless you enjoy getting the full security treatment in airports and seeing your knife tossed into a trash can.

6. Accessories - Recommended.

Three-prong Adapter, Extension Cord and/or Small Power Strip - An adapter will one day save you if you have any cord with a three-plug. In many rooms, there are available outlets, but they are too far away from where you are sitting. Making your extension cord or power strip available to others is a great way to make new friends.

Surge Protector - Of course, no one ever buys one of these until their notebook gets fried. Some "mobile essentials" packages combine these with a mouse, USB hub or other useful items.

Extra Battery and Extra Power Cord - I didn't list these items as essential for two reasons. First, they can add significant weight. Second, they can be breathtakingly expensive. I once packed the wrong power cord. I learned that a replacement cord was $150 and a universal power cord cost about the same. I thank my co-presenters for loading my presentations onto their computers. I'll consider buying one of these if I see a great sale price or if I make the same mistake a second time. For long plane trips, a second battery may be a necessity. Emergency power sources may make sense if you will be away from electrical sources for an extended period of time.

Blank CDs - Not everyone has a USB port and sometimes a network connection is not available. CD drives are almost universal and a blank disk will give you another option for transferring data.

7. Accessories - Special Situations.

USB Hard Drive - External hard drives with USB (or Firewire) connectors are an attractive way to back up your data or carry large amounts of data. You can now routinely find 100+ gigabyte hard drives for not much more than $100.

Remote Control Mouse and Laser Pointer - Depending on your style of presenting, these can be useful devices, although remote controls can be a little temperamental.

Digital Camera - A surprisingly versatile tool that can be used in a number of useful ways, including, in a pinch, as a document scanner.

iPod/MP3 Player - Another versatile device that can be used for more than listening to music or audio CLE, including as a voice recorder or as an extra hard drive.

Portable Printer - For most lawyers, the extra weight and space will rule out portable printers. However, they may be invaluable for you in your practice, especially in a courtroom setting.

Projector - If you need a projector, you can expect to be carrying an extra bag. Key factors: your brightness needs, weight/portability, and compatibility with your notebook. The extra cost of wireless projectors might well be justified by the elimination of the need to carry around a cable. An extra bulb is a must.

8. Helpful Hints.

Watch people who travel a lot when they dig into their computer bags. You can learn a lot of useful tools and techniques. Here are two useful tips.

Resealable Plastic Bags - Many mobile lawyers use one- and two-quart resealable plastic bags to organize the items in their computer bag. Group like items into bags and label them. This technique allows you to check to make sure you have what you need and should prevent you from taking the wrong power cord or other similar mistakes. Plastic bags also work well when you use two or more computer bags and transfer items between them. They are also great for storing your snacks.

A Couple of Pens and a Small Notebook - Sometimes paper is the best or only option.

9. The Final Check.

Take everything that you have decided must be in your ultimate travel kit. Put it in your computer bag and attempt to zip it closed. Give your self time to stop laughing. Eliminate items until the bag can be zipped without undue effort. Even better, clear enough room to throw in a book or a couple of magazines, airport souvenirs for your children and whatever items you will need to remove from your pockets to make it through airport security without setting off the metal detectors.

10. Bringing It Home.

When putting together your ultimate travel kit, the emphasis must be on "your." Use this article and the advice of other people as checklist of items for you to consider, not as requirements. Consider carefully what you want to do and what you will need. Then make the best choices you can.

Learn from your mistakes and always be on the lookout for ways to improve what you are doing. Listen patiently to what experts tell you, but observe carefully what they actually do and what they actually use.

Mobile computer will only become more common. Whether your mobile computing is by flying around the country or the occasional trips to the local coffee shop, you can put together a great travel kit that works for you and keeps the items you need most often with you when you need them most. The effort you put into getting it right will pay for itself many times over.

SIDEBAR

SERVICES FOR THE MOBILE LAWYER

Veteran mobile computing lawyers also develop a travel kit of useful services to cover emergencies and other surprises.

1. Backup National ISP Account - Don't delete all those AOL and other ISP offers that come preloaded on your new notebook. In a pinch, you can activate one if you have no other way to get Internet access.

2. Internet Email Accounts - Hotmail, Gmail, Yahoo Mail and other free email accounts give you options for sending and receiving email if you can't get to your usual email account. Most services offer address book and even calendaring functions.

3. Internet Fax Service - Maxemailsend and eFax are two examples of inexpensive Internet fax services that let you send and receive faxes by email. You can fax yourself at your hotel to get a printout of a document if you are otherwise unable to print.

4. Online Backup Services - An online backup service will give you accessible storage space for a copy of your presentation or other documents you need. You might also email the documents as attachments to yourself at an online email address.

5. Online Bookmark Repositories and Newsreaders - Get access to all of your bookmarks and favorites no matter where you are. Bloglines is a popular online newsreader so you can keep up with the RSS feeds you read.

6. Connect to Your Office - Depending on your setup in your office, Citrix software, virtual private network software, GoToMyPC or PCAnywhere will allow you to access your office network from the road.

Note: This article is one of a series of my previously-published articles that I'm making available for free on my website and incorporating into my blog. Other of my articles may be found in the Articles category archive on my blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 05:32 PM | Comments (2)

October 24, 2005

The Mysterious World of Metadata - Article

[Written in January 2005]

The Mysterious World of Metadata

A. Introduction

Recent stories about lawyers releasing documents containing embarrassing hidden data have highlighted the dangers of "metadata," especially in documents created with Microsoft Office programs. Unfortunately, other lawyers who do not learn how to deal with metadata will suffer the same public humiliation. Metadata may not be the most important issue in electronic discovery, but it is one issue that lawyers must be familiar with because there will be negative consequences if they don't address the well-publicized issues.

A. What is "Metadata" and Why We Should Care About It

The hidden data we call metadata is another example of a helpful feature that has some unfortunate negative consequences. The term is occasionally used in a limited or otherwise imprecise way, so let me give you my definition.

1. Defining the Term

"Meta" is the Greek word for "about." Metadata refers to certain data that are associated with a document, but are not generally visible in the ordinary display or printing of the document. Common examples include comments, markup and revisions, author, owner and other information, and even records of versions. Although metadata is often discussed in connection with Microsoft Office documents, it can be created by many software programs.

2. Why Metadata Exists

Metadata is not inherently bad. It depends on the context we find it and who is viewing or using it. For many purposes, especially for collaborating on documents, this information is helpful and valuable. The "Track Changes" features, versioning, document and author information and other metadata can be very useful when several people work on a document. Once the document moves out of "friendly hands," however, it can cause some damage if it is revealed, ranging from embarrassment to devastation of your case. Imagine the consequences if a document included a different settlement figure or candid comments about the strength or weakness of certain points.

3. Good Metadata and Bad Metadata

While it is tempting to think in terms of "good" metadata and "bad "metadata, it is more useful to think in terms of the amount and types of information that a particular piece of metadata carries. Some metadata is all but innocuous – file name, file type, creation date and the like. However, in certain cases, this information can turn out to be key evidence in a case. Other metadata is rich in information content – comments and revisions, for example – and you would generally not want this information to fall into someone else's hands. The context is what is important. A document might have more than one hundred metadata items associated with it. Unless you know what metadata exists, you cannot make good decisions about it.
It's also worth noting that some metadata may be altered or incorrect. For example, in the document properties, fields, such as author, may be edited and the "statistics" information for some Word documents bears no relation to reality.

B. Metadata You Might Find - Microsoft Word Example

Microsoft Word metadata gets the bulk of the attention these days, so let's take a closer look at it. Do you know how to check for metadata in Word documents? Microsoft's website is a useful resource for information about this hidden data.

1. Document Properties

Even if they are aware of metadata being created and associated with a document, many people do not realize how simple it is to view the metadata in documents. We will not go into much detail here, but spending 5 to 10 minutes under the Help menu in Word or on Google will open up new worlds for you.

For a quick example, simply open a Microsoft Word document and click on "Properties" under the "File" menu. You'll find a screen that will allow you to see the wide range of metadata that is and can be associated with a Word document. People have been embarrassed by nearly all of these items, from revealing that someone outside the firm was the original author of an agreement to showing only a few minutes of actual editing time on a document for which many hours of time was charged for preparation. Again, it's not so much the information itself – it's the context that matters.

2. Track Changes and Comments

Everyone's favorite forms of metadata are "Track Changes" and comments. An opposing party or even a judge can turn the "Track Changes" back on in a document after you thought you turned them off. There are lots of embarrassing and costly examples I'm sure that you have heard about. The sensitivity of this information is obvious.
You simply must learn how these features work and what precautions to take. Note that Office 2003 has built in some warnings and settings to help you out. Note too that you can set up Word to reveal hidden information in documents, which helps you see what is in your documents and, of course, will let you see what might be in documents that are sent to you.

3. Earlier Edits and Versions

If you are not careful about default settings, you may find other surprises. Earlier versions might be included as part of the final document you send, even if you use Adobe Acrobat to create a PDF file as a way to remove metadata. In certain situations, a Word document might contain information to allow someone else to use the "undo" feature to reveal changes and revisions.

D. Playing Offense and Defense with Metadata

Obviously, you want to be careful on this issue. It should be equally apparent that metadata can be a two-way street and that there are offensive and defensive uses of metadata.

1. Protecting Your Documents

Job one, of course, is to protect your own documents. You also want to understand what metadata is associated with your clients' documents and the implications of that metadata.
A commonly-advised approach is to strip the metadata from the documents. There are several inexpensive software tools that will remove the metadata from or "scrub" Microsoft Office documents. Remember that Excel and PowerPoint files also contain metadata and spreadsheet files might have very damaging revisions or evidence of prior calculations. Microsoft also has a free "Remove Hidden Data" tool, but it only works with the newest versions of Office and you will need to study the published list of known issues.

Other common solutions are to save Word files as PDF files, use WordPad, a stripped-down word processor in Windows, or save the file in the RTF format. Note that Adobe Acrobat can now introduce its own metadata. Scrubbing and other techniques will work, but they may not get everything and it is important to follow developments in this area. There is currently an ongoing discussion about whether Word metadata can in fact carry through to a PDF document.

2. Showing Metadata in Other Documents

Playing defense on metadata is hard work. Playing offense is much more fun. Not to give away secrets, but a number of excellent lawyers have been aware of metadata and how to read it for years. They have used metadata as one more weapon in their arsenals. As we have suggested, it takes only a few setting changes in Word, Excel or PowerPoint to reveal, on a routine basis, the metadata associated with documents you receive. Perhaps the memo you had hoped would be the "smoking gun," but was not, actually has the smoking gun hidden in it. At this point, it is hard to argue against treating the checking of metadata as a standard practice. However, it is worth noting that some commentators have opined that this practice is just plain wrong.

3. Difficult Ethical and Other Considerations

Metadata raises its own set of difficult ethical and other issues. Consider this question: what happens when I realize that I have produced or am compelled to produce documents that have damaging metadata in them? Am I compelled to affirmatively reveal it?

Given the lack of awareness of many lawyers, simply turning off the "track changes" on Word documents, which does not remove the metadata, does in fact make it invisible to unsophisticated readers. How would a court treat that approach? Is it possible to educate a judge about metadata and obtain a protective order that effectively permits the scrubbing of metadata? Should discovery requests routinely refer to production of documents in a format where metadata has not been scrubbed or altered?

I have little doubt that we will soon see court decisions on some of these questions. This area is one where you will want to track developments carefully. One good approach is to think of metadata in the same light as handwritten comments on paper documents. What would you do with the paper? Let those principles guide you in handling metadata.

E. Conclusions, Tips and Action Steps

The good news in the world of metadata is that, in many cases, you can address the primary issues relatively easily and inexpensively. The bad news is that there are a lot of metadata issues to worry about.

Let's end with three action steps for you to take in the next few days.

First, an easy one. Open up a Word document, check the properties and see what you find.

Second, write down on a piece of paper the software tool that your firm uses to scrub metadata from documents and locate and read your policy for when and how to use it. If you can't do either, find out why.

Third, take a few documents created outside your firm and try to turn on the "Track Changes" or show hidden data features. Think about what you find and decide whether you have the nerve to check your own documents.

As always, it's best to be embarrassed in private than in public. If you don't get metadata, metadata will get you.

Note: This article is one of a series of my previously-published articles that I'm making available for free on my website and incorporating into my blog. Other of my articles may be found in the Articles category archive on my blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 08:40 PM | Comments (2)

October 23, 2005

Recursive Flocks

Testing Flock Blog Editor #2

Just checking out Flock, a new blog-friendly browser, after seeing Matt's test of Flock, the new blog-friendly browser.

Posted by dmk at 11:29 AM | Comments (0)

October 21, 2005

BlawgThink Speakers

While I've been on the road, Matt has been posting a lot of updates on BlawgThink 2005 on the LexThink blog and The Nonbillable Hour. Take a look.

We're thrilled with the speaker slate that we have put together for BlawgThink.

Via Matt, here are some of the recent additions to the list:

"Tim Stanley of Justia (former CEO and founder of Findlaw) is talking about search engine optimization in his session “Why Google Loves Blogs.”

Carolyn Elefant of My Shingle fame (and in my opinion, the single greatest source for practical information on small firm practice) is giving her take on Small Firm Blogging.

We have a pair of tremendous law librarians, Bonnie Schucha and Diane Murley of WisBlawg and Law Dawg Blawg, respectively.

Patrick Lamb will be talking about blogging in a medium size firm.

Henry Copeland, Founder and CEO of BlogAds will talk about the Zen of Blogging.

Steve Dembo, teacher, technologist, and podcasting pioneer.

Tom Mighell, legal technologist and blogger extraordinaire will be involved in our Five by Five, which we have moved to lead off the day on Saturday. (The Five by Five will feature 5 (or more) of the best-known bloggers giving quick comments and tips on 5 topical issues.)

And Ernie the Attorney. Enough said."

If you still want to come, there is a bit of time to let Matt know at Matt@LexThink.com or contact me directly.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - BlawgThink 2005 - the legal blogging unconference.

Posted by dmk at 09:51 AM | Comments (0)

Making the Right Choices When Starting a Solo or Small Firm Practice

[Written in April 2005. Published in Law Office Computing magazine.]

Making the Right Choices When Starting a Solo or Small Firm Practice

Obtaining the right technology is a key component of the business plan of every lawyer planning to start a solo or small firm practice. Often, however, it's the one area over which a lawyer feels he or she has the least control.

As a result, indecision about technology can paralyze the whole process of making a decision to start a new firm. Even though I hear more talk than ever about "law firm in a box" approaches, the reality is that you cannot walk into a computer store and order up a "solo starter combo meal" and launch your practice the next day.

I have noticed over the years that when lawyers ask me for recommendations about what to purchase, they invariably have done a lot of homework. Almost without exception, the real question they are asking me is not what they should buy, but whether it would be a mistake to buy what they have in mind. Make no mistake, technology costs will make up a significant portion of your start-up costs.

In this article, you will learn my approach to making technology decisions when starting up a solo or small firm practice, based on my own experience and what I've learned from talking with lots of lawyers. I will show you what questions you want to ask, how to set priorities, evaluate options and get started, and give you a number of approaches that you can take. My goal is to get you to the point where you can open the doors of your new business feeling confident about and comfortable with your technology.

1. The Practice of Law is a Cash Flow Business.

Let's start with the basics. The best advice I received about starting my own practice what that the practice of law, like any small business, is a cash flow business. The second best piece of advice was the "Rule of Threes" for new businesses: Everything will take three times longer than you expect, be three times harder to do than you expect, and cost three times as much as you budget.

For several years, the likely cost of setting up the desired technology for a typical small firm with a couple of lawyers and a couple of people on the staff easily ran into the $30,000 to $50,000 range and perhaps even higher. Those kinds of number were show-stoppers for many firms. As a result, lawyers made a lot of cuts and compromises to get the technology budget down to the point where they could live with it.

Fortunately, the world is changing. In certain cases, small firms might be available to take advantage of leasing arrangements that roll hardware, software and consulting into a single lease, giving you one monthly payment for technology. While not always at the most favorable interest rates, companies like Dell will extend credit to small businesses, again allowing you to turn your technology costs into monthly payments. New "software as services" and other hosted and outsourced services are becoming available to provide needed technology for fixed monthly fees.

These trends allow a startup firm to consider the approach of treating technology as a kind of monthly utilities cost (like electricity) rather than a big, front-end capital cost. Technology costs can then be budgeted and you can obtain more of the technology you need with the goal of using it to improve your cash flow as quickly as possible. Obviously, taking a highly-leveraged approach to starting a business has its own dangers that you must consider carefully, but the options are available.

2. The Golden Triangle ? Hardware, Software and Services.

The "sticker shock" on technology often comes because lawyers forget to consider all three sides of the technology triangle. In many cases, a lawyer will concentrate on a dog-eared copy of an HP or Dell catalog or Computer Shopper magazine and come up with a budget. Unfortunately, they are only looking at the hardware piece of the puzzle.

The surprise happens in two stages.

First, you find that the cost of software will easily exceed the cost of hardware. In fact, it's easy today to find computers that you can buy for less than the cost of a copy of Microsoft Office. Legal-specific software, depending on your areas of practice and needs, can cost thousands of dollars.

Second, you find that you probably have neither the time nor the expertise to set up and install everything yourself. Some kind of consulting, technical and/or training services will be required. The good news is that these services can add tremendous value and help you get a substantial return on your technology investment. The bad news is that the cost of services can easily be greater than the cost of both hardware and software combined.

You must consider all three sides of the technology triangle ? hardware, software and services ? when planning for technology at your new firm. Factor in the Rule of Threes I mentioned early, especially about cost expectations, and you'll arrive at a realistic number to use for your technology budget. Or you might think in the opposite direction ? take your planned budget and divide it by three and see what you can get with that number of dollars. These are important exercises to help you focus on key issues and set priorities.

3. Asking the Right Questions.

Lawyers often ask me questions like, "What [scanner, case management program, etc.] should I get?" Well, what do you want to use it for? The answer changes depending on your plans.

It is also essential to ask a number of core questions. Where will you be working? Will you work in one place or will you be mobile? Will you travel? How do you (and others) work best? How comfortable are you with computers and software? If a program has a significant learning curve, will you get the training you need? Will you produce a lot of paper or will your work be electronic? How important is email, Internet use, faxing and telephone service? What software might be required for your practice? For example, if you do electronic filing, you'll need a program (or a service) to create PDF files. The more basic the questions, the better your results will be.

Finally, you need to think very carefully about what your areas of practice will be. Your practice areas will drive many of your technology choices. If you do litigation, you have an entire set of considerations and options than non-litigators have. Even in litigation, lawyers who try cases will use different technology than lawyers who handle only appeals.

4. One Key Word to Consider ? "Volume."

The single most important driving force in your technology choices is volume. If you understand the volume of your work, the volume of your work product and volume of the demands that you will make on your technology, you will be successful in making good technology choices. If you misgauge volume, your choices will fail you.

What I mean is that you must have a clear picture of the amount of input and output you need from each part of your technology. Then, you must be sure that you make selections that will comfortably handle the volume that you expect.

For example, if my practice consists of one case with one matter, I can easily get by without a case management program. At some point, however, the volume of cases and matters mandates that you use case management software. If you fax hundreds of pages a day, then you must consider a dedicated fax machine with a sheet-feeder and all the accoutrements. If, however, you email documents as PDF attachments and only need to fax a few pages every other month, then you can save the money you would have spent on a fax machine and use a low-cost Internet fax service.

As a general rule, then, technology will make the most sense and give you the biggest payoff in areas where there is sufficient volume that can be addressed by automation or other computerized systems.

5. Outsourcing vs. Do-It-Yourself vs. Sharing.

The trend toward home businesses, even in the practice of law, has produced a lot of discussion about the notion of "core business." If you have limited space and money, you want to consider what elements of your business really need to be done by you. What is the core or essence of your business that must be done by you and what can be done for you by third parties?

As long as the volume remains manageable, many of your technology needs can be met by a Kinko's or other office store, as long as it convenient for you to use it. Dictation services may be better and more cost-effective than speech recognition software.

Consider putting together a group of solos and small firms and try to get group rates for training, maintenance, consulting, planning and other services, as well as volume discounts for hardware and software purchases.

6. A Few Words About Services.

The third side of the legal technology triangle is services. I use the term "services" in two ways. The first is the traditional sense of consulting services. The second is the notion of hosted services, "software as services," or what used to be known as the application service provider or ASP model.

It's difficult for many startup firms to pull out the checkbook for consulting services, especially after they have paid large amounts for hardware and software. There is some irony in this, since lawyers' livelihoods depend on other people hiring lawyers to provide professional services.

There are many consulting services to choose from ? planning, evaluating, installing, training, financing, and more. You can get experts in networks, integration, communications, Windows and even single applications.

Everyone has his or her own comfort level with asking for help and paying for help. I recommend that you build into your technology budget a reasonable amount for consulting services. As you might expect, cutting corners on the front end may well cost you a lot more on the back end. Although this point is an obvious one, it's still worth mentioning that non-lawyers often have difficulty understanding how lawyers work and the ethical and other requirements lawyers have.

The most interesting area in legal technology for startups today is the hosted services area. There are some widely-accepted examples, such as website hosting. Other options appear on a regular basis. Backup, security, email, contact management, databases, timekeeping and other traditional areas of software usage have all been turned into services to one degree or another. I've noticed a number of young attorneys turning to these services as a way to get functionality and features they could not otherwise afford to buy, but that they can use for a reasonable monthly fee.

7. Some Standard Models to Consider.

In 2005, startups can make a decision in favor of Windows or the Macintosh environment. If you are a Linux user, I wouldn't discourage you from that option, but I am reluctant to suggest it as an option for the average computer user.

If you want to take the Macintosh route, go ahead, after you consider the software options in light of your requirements. Apple has put together a helpful list of legal software for the Mac at http://www.apple.com/business/solutions/ legal.htm. You can also run Windows programs in an emulation mode on a Mac and get perfectly adequate levels of performance. As long as you make your decision with eyes wide open and know where you will get support, any startup firm may consider Macintosh as a viable option.

Most startups, however, will live in the Windows world. Windows XP Professional with Service Pack 2 is the operating system of choice for lawyers. Windows Small Business Server is a great package for a server-based network in a small firm.

Rather than make a lot of specific recommendations about hardware and software, I want to describe some standard approaches to consider.

A. The Classic Approach. In the Classic Approach, you build your technology around a central server and traditional applications, giving your firm room to grow. The Classic Approach involves a lot of planning, consulting help, name brand equipment and tried and true software. As you might guess, a full-blown version of this approach can be very expensive and reach into the six-figure range even for a relatively small firm. Leasing and other financing arrangements will be important in this approach, and you often see compromises made to help cut costs.

In this approach, I'd expect to see a Windows based network running on Windows Server 2003 or Small Business Server on a server that may cost $10,000 or more, tricked out with lots of memory, storage, backup tools, backup power supplies and the like. Generally, you will see users given some choices of computers, but all within the same brand. The whole system will probably be installed by a consultant who provides continuing maintenance and other services.

I would expect to see Microsoft Office 2003, Worldox for document management, and market leaders (e.g., TimeMatters for case management) for other back office programs and a reasonable number of practice tools. You should be able to see that we are talking about a large investment, especially if you start with the traditional medium-sized firm packages from the beginning because you expect growth.

B. The Classic Lite Approach. Not surprisingly, many firms look for ways to get the equivalent of the Classic environment for a much less than Classic price. You look to focus your spending and efforts on the most important pieces of the puzzle for you and you shave pennies everywhere that you can. It's a tricky approach and one where you can easily make mistakes.

C. The Modern Approach. The Modern Approach is another variation of the Classic Approach. It is a customized approach that requires a lot of planning and personalization. In other words, everyone does not get the same setup. Users get only the tools they need. A variety of outsourcing options are considered and used. There is a willingness to start with a reduced number of features while keeping a close eye on the need to improve features when necessary. The savings over the Classic Approach might be substantial.

D. The Outsourced Approach. The Outsourced Approach goes even further than the Modern Approach. You will see this approach from young lawyers, some tech-savvy lawyers and lawyers fleeing large firms who are accustomed to certain levels of technology they can no longer afford. The Outsourcing Approach involves a conscious effort to look for hosted services for as much of the firm's technology as possible. Risky? Yes, but it can rocket your firm to a high level of technology, especially customer-facing technologies like extranets, for a small initial capital outlay, plus a reasonable monthly utility cost.

E. The Macintosh Approach. Macintosh has becoming a significant and growing presence in the solo and small firm legal market. Concerns about Windows security, the Mac's reputation for usability and reliability, and the push from young lawyers have driven this trend. Don't expect to see a lot of savings on hardware and software, but expect savings in consulting and other costs and potential benefits in productivity. Like the Outsourced Approach, the Macintosh is a bit outside the tradition legal approach, but that's part of the appeal of the Macintosh. The Macintosh Approach may be a good one for lawyers looking to use audio and video and take other creative and innovative approaches.

F. The Barebones Approach. How low can you go? Most lawyers already have a computer or two at home. They might work for you until you get the business rolling. You can use the Internet to find free and shareware programs for everything from basic accounting to the OpenOffice suite to time-keeping. It's a stop-gap measure, but it might be what it takes to get your practice off the ground.

8. Realistic Thinking about Costs and Cost Savings.

For many years, consultants have suggested that the rule of thumb cost figure to use for computer technology is between $5,000 and $10,000 per seat. It's a good number to use for ball-parking your budget.

You can improve your practice's cash flow by either bringing more cash in or reducing the flow of cash out. You have the most control over outflow.

First, do not overbuy for your needs. It's easy to get caught up in the thinking that you need to buy certain pieces of equipment because every office needs it. I've seen lawyers spend a lot of money on equipment that is rarely used. A startup rarely has that kind of luxury.

Second, watch for Internet bargains. Every little bit of savings can help you and you can sometimes jump up your level of technology for the same price you expected to pay for lesser technology.

Third, look for volume discounts. A surprising number of software companies start offering volume discounts for as few as five copies. As I mentioned earlier, you might also explore ways to work with other lawyers and firms as a consortium to secure better pricing or split the costs of training or services.

Fourth, take a hard look at outsourcing and hosted services.

Finally, consider leasing and other arrangements to reduce your initial capital costs and treat your technology like another monthly utility cost.

Conclusion.

Implementing the right technology can put you on the road to success. Technology costs are some of the biggest variables in any startup firm's business plan. You want to make good choices while keeping your costs under control. Listen to the suggestions of others, but keep the focus on you and your business. Ask the fundamental questions and think carefully before you answer them. Get the help you feel you need. Then choose an approach that fits your philosophy and budget and be as smart in your technology implication as you are smart in your legal work.

Note: This article is one of a series of my previously-published articles that I'm making available for free on my website and incorporating into my blog. Other of my articles may be found in the Articles category archive on my blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 09:36 AM | Comments (0)

October 18, 2005

Web 2.0 and AJAX - A great primer

There's so much talk these days about Web 2.0 and I'm soaking it all up like a sponge. It can get a little confusing.

However, I found a great primer on AJAX (Asynchronous Javascript and XML) that really helped me understand, at least conceptually, the technological underpinnings of AJAX and why there is so much excitement.

It's Amit Asaravala's AJAX Puts the Browser to Work in this week's issue of InfoWorld, to me a model of clarity in writing about technology.

Highly recommended if you want to get some familiarity with this area of technology development and understand the reasons for the excitement it is generating.

The money quote:

"AJAX encourages developers to split Web pages into compartments of data that can be refreshed independently of the entire page, and to write applications that act on data within the browser rather than on the server. After all, why should a browser ask a server to run a simple task when the browser has enough processing power to do the job itself? The result is that considerably less data and display information has to travel over the network."

The article is especially strong on giving examples of how AJAX approaches are being used in business settings and does a nice job of setting out the different tools being used today.

If you read this article, you'll be able to follow some of the Web 2.0 discussions with a much better sense for what is going one.

By the way, it's starting to become a running gag with us, but it seems like Matt Homann and I probably have tried about half or more of the Web 2.0 services out there. We are always trying out new ones. One of the ones I've grown to like is Writely, for quick and easy collaboration on standard documents.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy’s legal technology consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 10:05 PM | Comments (0)

Tapscott on Open Networks with Trust and the Gold Mine Example

I was reading the new issue of CIO Insight last night and every article seemed like a winner. I learned something new and useful, it seemed, on every page.

Especially worth your while is the interview with Don Tapscott on open networking with trust. This interview helped me see a number of things with new eyes, especially that old notion of the virtual law firm.

The money quote:

"So how do you harness that genius?

We looked at this concept of innovation Webs, a very powerful idea, completely enabled by IT. I'll give you an example. Rob McEwen, a director at Goldcorp, a gold mining company in Vancouver, B.C., gathered his engineers one day and told them that unless they could assure him that they could find any more gold in his largest mine, he was going to shut it down. The engineers scratched their heads; they just didn't know.

So McEwen decided to hold a contest on the Internet. He published his most proprietary data—the specs about his mines, geological data, things that are fiercely held secrets at any mining company. He offered $500,000 to anyone who could submit a viable way to find gold. Of the 77 submissions he received, he chose the top 25, and they shared $575,000. Using those proposals, McEwen managed to locate roughly $2.5 billion in gold on that property.

That's pretty impressive, but still a terrifying prospect for many companies that have built high walls around their employees and intellectual property."

Does this approach have application outside of gold mines? I think it might. Is there a chance you'll get to discuss this topic with me on Day 2 of BlawgThink? I'd say there's a very good chance.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).

Posted by dmk at 09:35 PM | Comments (0)

October 17, 2005

Revolutionizing Client Relations with CaseMap's New ReportBooks - Article

[This article talks about one of my favorite programs, CaseMap, and the way I believe that lawyers can use one of its new features to take their practices to the proverbial next level. However, it's become even more interesting as a tool that clients might use to gain control over their litigation matters, make better decisions about what cases to try and what cases to settle, and get a grip on its litigation portfolio. Written in late 2004. Published on LLRX.com and elsewhere.]

Revolutionizing Client Relations with CaseMap's New ReportBooks

Let me say this as clearly as I can – CaseMap 5's ReportBooks feature will revolutionize the way clients expect to receive status and other reports about their cases from their lawyers. Used effectively, ReportBooks will help enhance existing client relationships, win new clients and create new business and revenue streams. ReportBooks will also allow you to bring new members of the team up to speed quickly, minimize the losses of team member leaving your firm and ensure that all team members are on the same page.

Since CaseMap 1.0 debuted in 1998, there has been a general consensus that CaseMap has been a step ahead of other litigation software tools. With a steady stream of improvements, CaseMap has continued to hold its place as the leader in innovation among litigation software programs. Now, the newest version, CaseMap 5, moves CaseMap 5 at least a hop, skip and a jump ahead of the rest of the litigation software vendors.

One of the under-recognized reasons for CaseMap's success in winning a place at the table with some of the premier litigators in the United States is the long experience CaseSoft's co-founders' Bob Wiss and Greg Krehel had as jury and litigation consultants with some of this country's leading trial practice firms. CaseMap grew out of a need to solve real world problems that hampered the effective preparation and presentation of cases. CaseMap reflects an understanding of what lawyers do, how they work and what will help them work better.

CaseMap is a litigation fact management, evaluation and strategy software tool that has become popular among some of the best litigators in the country and in large firms, small firms, government and corporations. It is both simple and powerful. CaseMap has always provided ways to present important and useful information about cases in ways that help both lawyers and their clients. Unfortunately, not all lawyers made the best use of CaseMap for these purposes, especially when it came to presenting information to clients.

CaseMap 5 has now made it ridiculously easy to create reports that give clients the information they have always wanted in a way that is most useful to them. The method is through a new feature called ReportBooks.

Let's take a closer look at ReportBooks to see why I think that they may become so important. The concept is quite simple, but the potential power is immense.

A ReportBook is simply a compilation of your CaseMap reports that is automatically assembled and generated on the fly. CaseMap has created a number of templates for ReportBooks. You can customize ReportBooks or create your own version from scratch, but I expect that most of you will find that the standard templates will work well for you.

Here is an example of how ReportBooks work. You receive a call from a client who wants to know what is happening on a certain case. If you are like many lawyers, you will likely stammer, delay and buy some time to try to remember the case and what might be happening in it. You will likely offer your client something like, "We're on top of it," or "We have a status meeting scheduled next week and I'll give you a call after that." Essentially, you buy time, make vague comments and bland reassurances, or you change the subject as quickly as you can. Your client will be left with a vague uneasiness and irritation that may grow into anger when he or she sees your bill for that telephone conversation.

Here is what you can do in the same scenario with ReportBooks. You can say, "Give me about twenty seconds and I'll email you a full report that we can talk about while we look at it together. Let me do that while you are on the line." You are already opening CaseMap, and finding and opening the CaseMap file for the case. You choose to create a ReportBook with a default template. A ReportBook is generated and you send it to an email attachment in PDF. A new email message appears with the ReportBook attached. You type in the email address and write a short note. You send the email. In a second or two, your client has the message and opens the attachment. Now, you both have the ReportBook to serve as a basis for discussion.

The ReportBook will give your client, in a summary fashion, the key information your client needs to understand and discuss the case. In fact, it will probably give many clients the basic information about cases to which they feel they are entitled and that they have long felt their lawyers should provide them.

Here are just a few of the ideas I have had for using ReportBooks: creating ReportBooks for the trial (maybe with a nice binding) for everyone on your team; sending your clients weekly or monthly ReportBooks on their cases; getting new associates up to speed on the case; giving a tax or corporate partner from whom you want advice about a specific issue a quick way to become familiar with the case; creating useful overviews for expert witnesses; and much more.

However, there is no need to rely on my hypotheticals. Let's see what David Wolowitz, of McLane, Graf, Raulerson & Middleton in Portsmouth, New Hampshire, has actually done with ReportBooks:

"I have found the new ReportBook feature to be of great benefit in unexpected ways. In one matter, I had a mediation to prepare. I was dealing with my clients, two highly educated professionals, a member of their board who is a very astute attorney in NYC and a savvy insurance adjuster, also an attorney. I needed to educate all of them on the facts and the issues and to determine what information was missing. So, I sent them a CaseMap ReportBook of the key facts and also three reports by key issues.

I created a very impressive cover sheet in about two minutes. I then revised the confidentiality statement to meet my needs and created an intro page explaining how to utilize the reports and the status of the case. From that point on, everyone responded with ideas and missing information. On a weekly basis, I sent them updated ReportBooks, including a report on what was new (a standard CaseMap saved report.) The mediation went well. I gave the mediator a TimeMap report of key dates. I noticed he kept referring to it throughout the mediation. Throughout the process, everyone involved commented on my thoroughness and the usefulness of the reports."

What's in the ReportBook? The standard "Case Summary" ReportBook contains a customized cover sheet, a confidentiality statement, a table of contents, introduction, issue outline, cast of characters (persons), cast of characters (organizations), fact chronology, document index, list of open questions, research authorities and research authority extracts, all generated automatically in seconds from your existing CaseMap file. Other templates include (1) a summary of issues, cast of characters, facts and key documents, (2) key issues fact chronologies, (3) key players fact chronologies, (4) summary list of key players, facts and documents, and (5) what's new in the last 14 days.

The utility of these reports, both externally and internally, should be clear to you. Compare the impact of sending any of these ReportBooks to a client to the traditional methods. As Wolowitz concludes, "I prepared these ReportBooks with very little effort but received far more attention than if I had not used this feature."

The beauty of ReportBooks is that they can be created in seconds from existing data (and you can even refresh an old ReportBook with new data). You can provide them at no cost to your clients just as part of your standard service. When your client, who probably uses other law firms for other cases, starts to ask its other firms for similar reports. They will probably get some pushback from other firms and, more than likely, will see time charges for the creation of reports. Take a look at a sample ReportBook and try to estimate the cost of producing something similar by hand. I suggest that most firms would run up thousands of dollars in costs to produce the same kinds of reports.

In the CaseMap tradition, ReportBooks allow the experienced lead lawyer to move away from spending too much time on the drudgery parts of cases and move toward spending time do what he or she does best and probably enjoys most – analyzing and evaluating cases, planning strategies and tactics, dissecting the strengths and weaknesses of cases, and preparing to be devastatingly effective.

Clients prefer to pay lawyers for their expertise and ability to analyze cases and make good recommendations about how best to handle those cases. Too many lawyers get caught in the trap of thinking that clients are paying them to produce memos, briefs and other documents. With ReportBooks, your clients will easily see the value that you bring to their matters. More importantly, your clients will understand your unique value to them as compared to law firms that do not use ReportBooks.

Here is just one idea to consider. Assume a major client can receive ReportBooks for all of its cases from all of its law firms. Might they want to use your services and pay you very well for your evaluation of those cases rather than have you spending your time supervising associates handling routine discovery and writing memos and briefs? Are there other opportunities for litigators to create new services, packages of services, products or other income streams as a result of ReportBooks? I believe there are. How about you?

What value do you put on these kinds of results? I suggest that the value is significantly higher than the $495 cost of a single-user license for CaseMap 5 (volume discounts are available), or the $199 upgrade price for current users of earlier versions of CaseMap. However, I'll let you do your own math.

Conclusion – Is Now Too Soon?

With CaseMap 5, the best litigation software just keeps getting better. If you use ReportBooks, you might start hearing your clients introduce you to others as "my favorite lawyer." When lawyers start hearing those words, you will know that a revolution is here. Client service and client satisfaction are the wheels on which today's law practice turns.

The benefits of CaseMap's ReportBooks are limited only by your own imagination. However, I suggest that you get to ReportBooks before either your clients tell you to start using them or your clients stop calling you and move their work to competitors who do use them. As always, the choice is up to you, but this choice is much clearer than most of the technology choices you have these days.

If you are a client of a law firm, or a client of many law firms, as many corporate general counsel are today, then pick up the phone and find out why your firms haven't told you about ReportBooks yet. In today's world, the bill for that call from your lawyer might be more than the upgrade price for CaseMap, but it will pay for itself many times over if you improve the quality of information about your matters as much as ReportBooks can do for you.

Note: This article is one of a series of my previously-published articles that I'm making available for free on my website and incorporating into my blog. Other of my articles may be found in the Articles category archive on my blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 07:27 PM | Comments (0)

The Empty Email Inbox

The holy grail of email management is achieving, at least temporarily, the empty inbox. I saw that Jeremy Wright had recently accomplished this and it inspired me.

So, here I am with an inbox with exactly zero items in it. It's definitely an exercise that worth doing - at least once.

It's a temporary victory, but it feels good.

Of course, having an empty inbox is not the same as having responded to and dealt with every email. That one may be impossible. However, the exercise of clearing the inbox, moving messages to folders, setting up new rules, deleting messages and dealing with messages that need only a quick response can leave you feeling a lot less overwhelmed. At least until tomorrow morning when everyone emails you back and the overnight load of email has arrived.

Food for thought from 43 Folders - Marc Eisenstadt's calculations on time spent handling email.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - BlawgThink 2005 - the legal blogging unconference.

Posted by dmk at 05:48 PM | Comments (0)

October 14, 2005

Placing Your Bet on Client-Driven Technologies - Article

[Note: This article, written in January 2003, was my first effort to pull together a set of ideas into the theme I've come to call "client-driven technologies. I think the ideas associated with client-driven technologies are the most important trend in legal technology today. This article gives some ideas for innovative and forward-thinking law firms. It also gives corporate legal departments some guidelines for what to ask from their law firms.]

Placing Your Bet on Client-Driven Technologies

From application service providers to knowledge management, we hear a lot of buzzwords and predictions for the future of legal technology. How should you sort out each of these options? Where should you place your bet as you allocate your legal technology dollars today?

A large portion of your bet should be placed on the spot on the wheel labeled "client-driven technologies."

Recent surveys of corporate legal departments show some statistics that all law firms should consider carefully. Lawyers are hired for factors such as "expertise" and "familiarity with the client and its business." Lawyers are fired primarily for "lack of responsiveness." A stunning 62% of corporate legal departments considered firing one or more law firms in 2001. The trends toward cost cutting and reduction in number of firms used have been well documented.

Consider this, though. Over 90% of corporate legal departments would be willing to respond to client surveys from law firms. Most would like to have more contacts from their firms. Finally, and not surprisingly, most would respond very favorably to a firm's efforts to find creative solutions to billing, fees, and delivery of legal services.

Many companies are also looking at the success of Dupont's efforts to control costs and improve legal services. All lawyers who have corporate clients would be well advised to study what Dupont and its law firms have done.

The best firms servicing this market will make changes in reaction to the current and future market. In the Dupont paradigm and in other examples, a major driver has been technology.

How, then, do you move into the world of client-driven technology?

1. Study History. To put it mildly, the legal profession is rarely a "first mover" in technology. Just a few examples, fax and e-mail, show how clients tend to push reluctant law firms into new technologies. The sea change of law firms moving from WordPerfect to Word was almost completely driven by client wishes. With a few exceptions, clients, rather than firms, have pushed for extranets, electronic deal rooms, electronic billing, collaboration and other technology evolutions.

2. Learn What Options You Have. You cannot move very far toward implementing client-driven technologies if you do not know what technologies and capabilities your firm has or can obtain. It is rare to find a firm that is using or is even aware of all the capabilities of its software and systems, let alone to find lawyers and firms who have a good understanding of all the new developments in legal technology. Becoming a member of the ABA's Law Practice Management Section or Technolawyer.com are two good starting points, but it is very difficult to stay current. You may find that you have capabilities that you did not know you had.

3. Learn What Technologies Your Clients Use. Once law firms found out that their clients hated getting documents in WordPerfect, firms began to move to Word. It is vital to understand what software and technologies your clients use for their own work and how they would prefer to interact with you. Today, many law firms underestimate how commonly PowerPoint is used in many businesses. You might use surveys, meetings with the client or meetings between IS people to compare notes on what software and systems are used.

4. Find Out What Bothers Your Clients. Clients are willing to answer surveys. What about your software and technology irritates them? Do they have difficulty with the program you use to redline? Does your use of GroupWise cause irritating little problems for Outlook users? Do clients want to use Excel or PowerPoint?

5. Ask What Would Help Your Clients. Involve your IS people. At this stage, knowing what your capabilities are will not only be helpful, but also should impress your clients. Look for significant concerns, such as scrubbing of metadata out of Microsoft documents, security or encryption. Search for approaches that can be done easily but create great results. These could be small things like changes to your web site or extranet to make it more usable, new features on extranets or web sites or more complex items such as movement to new programs or common platforms. Consider the 80/20 rule that 20% of your efforts will give you 80% of your results and try to identify that 20%.

6. Suggest Items Your Clients Have Not Thought Of. You should have the advantage of knowing what is now available in legal technology. You should also consider ways to address the key client concerns you have been alerted to by the available statistics. Are there ways you can suggest to show clients your expertise, cut costs or improve responsiveness? What is the potential benefit of having a client say "Would you believe that my lawyer came to me with a way to save money of legal fees"? A few simple ideas: CaseMap offers a way to present very useful information about the strength of litigation cases to decision-makers; EZClean is an inexpensive tool to scrub metadata out of Word, PowerPoint and Excel documents; and virtual deal rooms and electronic document repositories are valuable solutions. Full-blown extranets, collaboration tools, common databases and content management may make sense in some cases, but, for most clients and firms, it will be best to build those projects after building momentum from a string of small successes.

7. Identify Priorities. Apply the 80/20 rule again to the ideas you have generated. Which ideas make the most sense in your current context? From your point of view, which initiatives will best address the common reasons law firms are fired (e-mail problems all but certainly will lead to "lack of responsiveness" issues) and hired (how can you show your expertise and understanding of the client's business?)? Do these initiatives cut costs or enable creative billing approaches? Do these approaches connect the client to you and make it harder for the client to leave? Are these approaches useful to other clients? Finally, are they responsive to your client's own list of priorities?

8. Make a Plan. Your technology initiatives will fall into one of three categories. The first category is things that you can do internally and on your own. The ball's in your court. Start the effort to get them done and get the right people working on them. The second category is things that your clients can do internally. The ball is in their court, but you can provide assistance, resources or tools, as appropriate. The third category is things that you must cooperate on. Here, too, the ball is in your court. How can you make it happen? Is a joint "task force" that meets regularly the right approach? How can you make sure that the right people are working together to get things done? Are written plans and timetables appropriate?

9. Keep the Momentum. Talk is cheap. If you are the one who did the talking, you need to be the one who makes sure that the work is getting done.

10. Finish Projects. The technology landscape is littered with the wreckage of uncompleted projects. Finish some projects. Celebrate their completion. Reward accomplishment.

11. Measure Results. How do you know whether this idea worked or not? Can you measure results? Communicate the results to clients.

12. Take It to Other Clients. Some of the initiatives you take can be reused. Some might even be licensed as moneymakers for your firm or even sold as products. Be alert to opportunities to implement similar projects for other clients.

Then, repeat the process, over and over again. Get the word out on what you have accomplished, but focus your articles and press releases on what benefits you bring the client. As a result, you will address the leading reasons clients hire and fire lawyers, help clients contain costs, cement client relationships and position your firm well for the future. And, that is not a bad return on investment. Client-driven technology initiatives are a great bet to place in today's legal market.

Ten Practical Tips for Client-Driven Technology Initiatives.

1. Educate yourself. My web page at http://www.denniskennedy.com/resources/legal-tech-central/clientdriven.aspx is a good starting point. But it takes a lot of work to get up to speed on technology alternatives. Hiring appropriate expertise may be desirable in many cases.

2. Ask your clients. Surveys show that most are willing to respond.

3. Listen to your clients. Enough said.

4. Give your clients new ideas to think about. Clients cannot know everything that is available. Give them some great suggestions.

5. Get the right people involved. Are you the right person for this initiative? Who is? What role will your IS department play in the initial phases? I suggest that a high-level IS person be involved at the earliest opportunity.

6. Facilitate relationships between your IS people and the client's IS people. Here is a simple test. Ask the head of your IS department how many of the heads of clients' IS departments are in his or her contacts list. I bet it is too small a number. Are there ways you can get IS people to get together on a regular basis. Presentations by your IS group to client IS groups may make sense.

7. Find creative ways to control costs. Clients like law firms that are creative. They are also under pressure to control legal costs. Technology may allow you to show you are good at both.

8. Use great results as a way to publicize your client, not yourself.

9. Use technology initiatives in ways to increase the costs for a competitor to steal your client away.

10. Lead, follow (closely) or get out of the way.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 07:30 PM | Comments (0)

Taming the Email Tiger - Article

[Continuing the email theme, here is an article on email management that I wrote in 1998. Some of the references are outdated, but the basic principles of email management have not changed too much over the years. Spam and, increasingly, spam filters have diminished the value of email for business purposes and greatly added to the difficulty of managing email.]

Taming the E-mail Tiger

Many attorneys are finding that they increasingly rely on communication by e-mail. They are also finding that at times their e-mail mailboxes look as if a blizzard had hit them. It is not uncommon to find attorneys who receive well over a hundred new e-mail messages a day.

Internet guru Jakob Nielsen in the September 19, 1999 issue of his essential Alertbox newsletter (http://www.useit.com/alertbox/990919.html) notes that surveys say that whether people get 10, 100 or 1,000 e-mails a day, they all say that the number they get is "overwhelming." The volume of e-mail will only be increasing. In the same newsletter, Nielsen stresses the importance of "protecting your mailbox."

In other words, you want to manage your e-mail before it manages you. I sometimes call this "taming the e-mail tiger." Fortunately, most e-mail packages, especially newer ones, provide you with valuable management options. You can also use techniques not specific to individual programs to take control of your e-mail. A great idea is to implement these techniques while your volume is low so that you can have them in place as your e-mail volume grows.

There are four points in the e-mail process at which you can have a significant impact on e-mail management: before a message sent to you, when you send a message, when or as you receive a message, and when you store or delete a message. An approach that attacks each of these four points will bring you the greatest benefit, but taking steps at any one or more of them will also help you.

Before E-Mail is Sent to You.

The strategy here is to reduce the volume of unwanted e-mail and make sure that the messages you want come to your main mailbox.

There are several sources of heavy e-mail volume.

Using the Internet for commercial services or buying products is likely to result in your e-mail address becoming available to direct e-mail marketers who will hit you with all kinds of commercial e-mail, commonly known as "spam."

A second potential source of high message volume is an e-mail discussion list. While these discussion lists can be enormously valuable if they relate to specific topics of interest to you, some of them can generate hundreds of e-mails on a daily basis or when a heated discussion is going on.

A third source of e-mail volume can occur if you indiscriminately make your e-mail address available to clients, friends, co-workers and everyone else you meet.

The best first step for you to take is to have both a "work" e-mail address and a "home" e-mail address and make every effort to limit the use of the work address to business-related e-mail.

Obtaining free e-mail addresses has become an easy thing to do. Yahoo and Excite provide free e-mail addresses. Law.com and the ABA can even provide you with a more upscale-looking free address.

After obtaining a "home" e-mail address, use it any time you are asked to supply an e-mail address for commercial or informational purposes that might lead to spam mail. Use your work address only for important mail that you want to handle in the work setting.

Blocking certain types of messages can also help you. Your Internet Service Provider, your firm's network administrator and some e-mail programs, such as Outlook, can set up "spam filters" to block e-mail from certain locations or with certain words or phrases in the subject line or body of the message. Look into what options you might have available.

Consider the potential volume of any e-mail discussion list before you subscribe to it and resist the urge to subscribe to every interesting discussion list you find. A good option that many discussion lists have is a "digest" subscription – you receive one large e-mail a day containing all the messages posted to the list that day topped with a table of contents.

In short, being thoughtful in how and to whom you give out your e-mail address can go a long toward protecting your mailbox and making your mailbox manageable.

Managing Your Outgoing Mail.

The first decision you must make is whether you want to keep copies of all the messages you send. I cannot imagine why you would not, but I have been surprised by several lawyers who did not want to keep copies of the messages they sent.

Assuming that you decide to keep copies of your outgoing e-mail, how do you do so? Most newer e-mail programs automatically store copies of all your sent messages, usually in an easily accessible folder called something like "sent mail." In some programs you have to turn that feature on, so don't assume that copies of your e-mail are being kept. In my experience, about 30 seconds with the manual or a help screen and clicking in a checkbox or two will enable this function.

Some e-mail software (usually older programs) will not store copies of your outgoing e-mail. The easy solution is simply to send an extra copy of each message to yourself. The best technique is to send a "bcc" (anachronistically, "blind carbon copy") which does not show your recipient that you are doing this. Some e-mail programs do not have a "bcc" function, so simply "cc" a copy to yourself. You'll get the copy, but your recipient may notice that you sent the copy to yourself.

You can also save yourself a lot of time and trouble with e-mail addresses by using your e-mail program's "address book." Rather than try to remember and type in individual addresses every time you send an e-mail, put the addresses into the address book under the person's name. You can then select the person's name off the list when you send an e-mail and have the e-mail address automatically entered for you on your message.

A final, important technique for managing outgoing mail is to make good use of the subject matter line and use descriptive phrases that will help you locate what is in the e-mail. Too many people use no subject, terms like "message," or clever phrases, and then have difficulty later finding the message later. While the more powerful e-mail programs have "find" functions, it may be difficult to remember the exact words you want to search for. A good subject line also helps your recipient notice your message and manage it appropriately.

Managing E-mail When or As You Receive It.

Your e-mail program will put all your new e-mail into a "new mail" folder or an "in box." The contents of that folder are what you see when you open your e-mail program. Most programs give you many options to create additional folders and move mail among them. More powerful programs allow you to set up routines known as "filters" or "rules" that will automatically handle e-mail based on directions you can establish.

The first technique that you want to use with incoming messages is to delete everything that you don't need to keep and all "junk" mail. Change your mind or make a mistake? Many e-mail programs can be set to keep deleted mail in the "recycle bin" for a period of time (including forever) before it is irretrievably deleted. In other words, you have ways to undelete if you make a mistake.

Therefore, it pays to be aggressive in deleting mail from your in box. Deleting unnecessary messages will reduce clutter and make it easy to find the messages you want to find. Similarly, dealing aggressively and immediately with your e-mail by replying quickly or forwarding messages can help you manage your in box.

A second important technique is to select the best "view" for your e-mail. I'll use Microsoft Outlook as an example. In Outlook, you can set up a "tri-pane" view that shows all your mail folders in one pane, the contents of your Inbox or the folder you have selected in another pane, and the first roughly 20 lines of the selected message on your screen before you even open the message. Using this tri-pane view can help you scan e-mail messages quickly and delete spam or other messages.

In addition, Outlook has ten ways to view e-mail (by sender, by topic, last seven days, unread, etc.) and gives you ability to create custom views. You are highly likely to find a view that can help you best manage e-mail. You can also sort within the views in a number of ways.

You will definitely want to create additional folders and organize your received mail in folders. Choose the approach that works best for you. I prefer to create folders for individuals, groups or projects. I like to be able to go to a folder called "Newsletter" and know that I can find all the e-mails I've gotten related to this newsletter in one place. Others might prefer action folders: "reply needed", "ASAP", "to file", et al.

The simple fact is that any of these folder techniques will help you greatly and organize old mail while keeping your in box clean for new mail.

Once you create the folders, you simply move relevant messages into each folder after you have received them.

"Rules" or "filters" can make this task even easier. Some e-mail programs allow you set up rules for dealing with e-mail. Generally, these are simple "if-then" rules like "if subject line contains the words ‘get rich quick', then delete message on arrival" or "if sender is X, move message to X folder on arrival". Outlook has a great feature called "organize" that simplifies the creation of the most commonly used rules.

This technique can be a very powerful way to manage e-mail. Many people especially like these rules for e-mail discussion lists because they automatically move all the discussion list mail to a folder. The folder contents can then be read at leisure and the list messages do not overwhelm your in box.

If your e-mail program has this feature, it's well worth your time to learn how to use it.

Storing, Archiving and Deleting Old E-mail.

On several occasions I've talked with an attorney who commented on how "slow" his or her e-mail program was performing. When we checked, the slowness was the result of a "new mail" folder or "in box" that had thousands of messages going back several years.

While from a management standpoint, the easiest thing to suggest is to delete and archive old messages, deletion and archival raise some thorny issues and there are many nuances.

Recent court cases indicate that old e-mail can come back to haunt you, either because you still have it or because it has been deleted. Just ask Bill Gates. Keeping all old e-mail can also, over time, take up storage space. There is developing law in this area and a lot of subtle issues. I will not make any blanket statements, but will suggest that you are well advised to pay attention to these issues now and consider adopting firm-wide policies on e-mail storage and deletion. [Note: Email retention and deletion policies have become immensely important over the years.]

Two other points to consider:

First, as significant matters and details are handled increasingly by e-mail, it is vital that these messages become part of the client or case file. Or that you know that they exist and can locate them immediately when they are needed. What if your client provided key information to a summer law clerk by e-mail and you are unaware of it and then cannot find out once you do become aware of it? Think carefully about ways to integrate e-mail into your case management or document management systems.

Second, remember, as I suggested earlier, that deletion does not mean that a message is "deleted." Even if you go to a policy that mandates, for example, annual deletion of e-mail, you will want to make sure that it is fully deleted. There are software programs that can ensure that your deleted messages and files cannot be later retrieved and meet deletion standards set by the Department of Defense. These types of products should be considered if you adopt such a policy on deletion.

Conclusions.

E-mail is a marvelous tool, but it raises a number of its own problems. With a few relatively simple steps, both e-mail issues and e-mail itself are manageable. Keeping in mind the idea of "protecting your mailbox" and taking advantage of some common sense techniques and a few features of your e-mail programs, like rules, of which you might not have been aware can help make your life a little easier.

This article appeared originally in the November 16, 1998 issue of Lawyers Weekly USA and was reprinted on several occasions.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 07:02 PM | Comments (0)

October 13, 2005

BlawgThink Updates

Matt has posted a number of updates on the BlawgThink 2005 conference over at The Nonbillable Hour.

One that I want to highlight is that we have decided to make available a one-day option. If you are interested in a more traditional seminar approach with specific sessions, you'll like Friday's set of structured sessions. If you want to spend a day having conversations with other bloggers on subjects that interest you and the group in a more free-form style (or you can't take Friday off work), Saturday's session will be just the ticket for you.

Of course, I recommend the two-day option, but the one-day option makes sense if, well, you only have one day.

Coming soon: more speaker announcements and more details.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - LexThink's BlawgThink 2005.

Posted by dmk at 09:29 PM | Comments (0)

Ten Habits of Highly Effective Emailers - Article

Note: Originally published in September 1999, this article has been one of my most popular and longest-lived articles. It's been reprinted many times and was translated into Chinese for the Hong Kong Lawyer magazine.

Ten Habits of Highly Effective E-mailers

For several years, e-mail has been considered the "killer app" of computing, the application that is so essential that it brings people to computers who might not ordinarily be interested. In other words, e-mail is the reason you "gotta have" a computer and Internet access.

In some ways, it doesn’t get much easier than e-mail. You type a message, address it and send it. You receive a message and read it. You might reply to a message or forward it. Pretty simple.

But it doesn’t take too long before you realize that there’s much more to using e-mail than meets the eye. Both internal office e-mail and external e-mails can fill your inbox. In short order, you might find that the volume of e-mail you receive has become overwhelming.

Gradually, you will come to realize that you will want to develop some e-mail strategies so you can take greater advantage of benefits e-mail offers to you. You want to become a power e-mail user.

With a nod to Steven Covey and his famous "seven habits of highly effective people," here are ten ways that you (and your firm) can become more effective e-mail users and use e-mail more effectively.

1. Cut Your Costs. Do not underestimate for one minute the cost-cutting benefits e-mail can bring to your firm. In certain settings, the cost savings brought by e-mail can be enormous.

Using e-mail instead of long-distance calls can save money. Attaching draft documents to e-mails rather than sending them by Federal Express can save money. Sending an e-mail rather than playing phone tag can save time and money. Sending an e-mail rather than sending a standard transmittal letter can save money, paper and postage. Using e-mail can put a dent in the amount of paper required to run a typical law office.

Look around your office for ways that e-mail can result in cost savings. Do you print, copy and distribute a daily announcement sheet? Send it by e-mail instead. Do you mail out a client newsletter? Making an e-mail version available will save you printing and postage costs. Signing up for e-mail newsletters can get you information commonly copied and passed around in law firms. Sending the URL of an article by e-mail saves the cost of copying and distributing the article.

A law firm makes more money by increasing revenues or by reducing costs. E-mail can definitely make a contribution on the cost-cutting side. Keep your eyes open for opportunities to use e-mail in this fashion.

2. Respond Responsively. Many users have a full-time Internet e-mail connection and expect an instant response. You need to keep that in mind. Let me emphasize: anyone who sends an e-mail expects a response.

I have always tried to acknowledge and respond to all well-intentioned, unsolicited personal e-mail. If you put your or your firm’s e-mail address on a web site, advertisement or brochure, you must make sure that any e-mail sent to you is answered in a timely fashion. You’ll have to decide what timely means and how e-mail rates in priority with voice mail and other communication methods.

Often, a one or two sentence response or a simple direction to a web address is all that is required to respond to an e-mail. The important thing is to be sure to respond in some fashion to e-mails that you get. Ignored e-mail sends a very poor message about you, your firm and, most commonly, your web site.

3. Mind Your Netiquette. There are a surprising number of "rules of the road" that have grown up around e-mail. Some are common sense and all are directed at imposing a set of good manners or etiquette on e-mail usage. These rules are commonly known as "netiquette" and the "Miss Manners" resource on Netiquette is Virginia Shea’s Netiquette, the core elements of which can be found at http://www.albion.com/netiquette/corerules.html.

It is surprisingly easy to make mistakes of form and manners when entering e-mail discussions. E-mail lies somewhere between the informal communication of a phone call and the more formal communication of a business letter. E-mails tend to be unedited first drafts that are removed from the context of vocal inflections and mannerisms. As a result, it’s easy to misunderstand and be misunderstood. Some people are far more aggressive in their e-mails than they would be in person. There’s a term in e-mail called "flaming" that refers to conversations where anger and feelings get out of hand.

Some netiquette rules are simple like not typing in capital letters (because it is the e-mail equivalent of shouting). Others are more nuanced. You really want to be up on your basic netiquette when you join a discussion list because, all too often, someone who apparently was not treated well as a child will jump on well-intentioned new users to a list for making netiquette errors.

Netiquette will make your e-mail experience and that of your readers far more pleasant.

4. Select Subject Matters Sagaciously. A friend of mine tends to send e-mails that have the subject matter line say "Message from Jackie." It’s short and to the point, but it makes it hard to find the message you want in a folder full of "message from Jackies."

Make good use of the subject matter (or "re") line of your e-mail messages. Give a good concise summary of what’s in the message that can help people assess the priority of your message and to locate your message when they need it later. Compare an e-mail with the subject line of "Financials" with one that says "August 1999 Income and Expense Report (NEED COMMENTS BY FRIDAY)".

That’s not to say that writing wry and humorous subject matter lines can’t be fun. It is and it can be a bit of an art form for some. There is, however, an appropriate time and place for it.

Picture your recipient’s inbox and think of ways that you can help him or her manage the e-mail in that box.

5. Sell with Signature Blocks. A wisely chosen signature block can help you market your firm. You’ve probably noticed signature blocks. Often you’ll see a block of text immediately below the sender’s name at the bottom of his or her message that includes title, company, address, phone and fax numbers, e-mail address, web site address and even quotes, slogans, graphics or other matter. These are signature blocks.

A signature block can be created within most e-mail programs that can be automatically inserted at the end of each message you send. You definitely want to create a signature block that contains the appropriate information about you and your firm. If you have a web site, include the URL in your signature block. Here’s a helpful tip: be sure to type the "http://" in front of your web address (http://www.denniskennedy.com rather than simply www.denniskennedy.com). If you do so, many e-mail programs will let the reader click on the address and go directly to your web site.

Your signature should also contain description of your firm or a slogan ("Representing personal injury plaintiffs since 1883") or other subtle and reasonably subdued marketing information. Some people also like to include a favorite quote – I’d be careful here and remember your business image and decorum.

Here’s the interesting dimension of signature blocks. Take the example slogan above. If you sent an e-mail describing your firm to a discussion list or in an unsolicited fashion that described your firm, you would likely be accused of "spamming" (sending unsolicited indiscriminate commercial e-mail). If you send a regular message, your signature block makes the same point in a perfectly acceptable way.

6. Enlist in Discussion Lists. Perhaps the most useful aspect of e-mail is participation on discussion lists or "listservs" (from the name of the software used to run them). The concept of a discussion list is pretty simple. You "subscribe" to a listserv. The listserv has a central distribution point. Copies of all e-mails sent to the central distribution point are in turn sent to every subscriber of the list (in some cases, thousands of subscribers). Every other subscriber receives each e-mail you send to the list. You (and every other subscriber) receive each e-mail sent by any other subscriber. The result is a mechanism that facilitates discussions.

There are thousands of discussion lists (see, for example, http://www.tile.net). On some you might receive a message or two a day. Others can generate hundreds of messages a day. Each discussion list focuses on a topic. For example, there might be a discussion list of legal administrators of plaintiff personal injury law firms. The list might include subscribers from hundreds of law firms. A discussion list creates a forum where subscribers can share ideas, ask questions and learn from others in the same field with common interests. As a general rule, some of the most interesting and well-known members of the "community of interest" tend to participate in these discussion lists. As a result, you often learn from the best sources, become aware of trends and developments, hear the latest news and rumors and gain a variety of other benefits.

Discussion lists can be a great way to continue conversations, make friends and stay in touch. It is impossible to overestimate the value of a great discussion list.

As with many other aspects of e-mail, Jerry Lawson’s book, The Complete Internet Handbook for Lawyers, is an excellent resource on e-mail discussion lists, how they work and how to use them.

7. Reach for High-end Software. You can use a variety of e-mail programs. Some are free. Some are simple. All will get the basic job done. But the highly effective e-mailer wants more than that.

I recommend moving to the high-end e-mail packages and the newest versions. These include Microsoft Outlook/Exchange, Novell’s Groupwise, Eudora Pro and, in certain special cases, Lotus Notes.

Why? Control, management, flexibility, power. You want the tools that can take your use of e-mail to the highest level. The big-time packages allow you to create rules and filters that will sort and move your mail to folders on arrival, automatically delete "spam" messages, view mail in ways that work for you, create mailing groups and do countless other things for you. It will be easier to use encryption and take advantage of security features. Some packages even allow you to scan for inappropriate content.

E-mail is a completely different experience with the high-end tools. As your volume of e-mail increases, you’ll appreciate having the extra power.

8. Make it Easy to E-mail You. As you become a highly effective e-mailer, you’ll want to funnel more and more of your communication into your e-mail system. In other words, you want to make it easy for people to e-mail you.

There is, however, a tricky balancing point to consider. You want to minimize junk e-mail. Don’t be indiscriminate about handing out your e-mail address. Many power e-mailers have a separate free e-mail account (see http://www.yahoo.com, for example) that they use when forced to give an e-mail address in a situation that might get them put onto a direct mail list.

Get your e-mail address into the hands of those you want to e-mail you. Include e-mail addresses on business cards, stationery, brochures and other marketing materials. Every page of your web site should make it easy to contact you, your firm or any attorney in your firm by e-mail. Directory listings, committee and organization listings and, especially, publications or speaker bios should definitely include your e-mail address.

9. Follow the Ethical Rules. Lawyer and law firm behavior is governed by a set of ethical rules. Some of them will be different than what you might expect. Bar disciplinary entities have had a lot of difficulty deciding what to do with lawyer communication by e-mail, but there is a growing body of rules, some of which, frankly, do not make much sense.

You will need to become very familiar with these rules and to make sure they are followed. Of particular concern are rules relating to confidentiality. In addition, Unsolicited e-mail from potential clients can inadvertently create conflict of interest issues. You will need to look into ways to avoid these and other related issues.

There is a raging debate on whether e-mail communications with clients must be encrypted. There is a movement toward encryption for sensitive client communications. In a few years, it will be easier to encrypt all client communications than to decide which ones should be encrypted.

E-mail to potential clients brings into play ethics rules on solicitation and advertising. Even your signature block should be scrutinized to be sure that you are complying with the Byzantine rules on advertising and marketing (can you say "full-service," "specialize in" or "national"?). Know the rules and see that they are enforced in your firm.

10. Sharpen Your Saw. This habit is really one of Stephen Covey’s seven habits. The notion here is to keep learning and to hone the tools that you have so that they are ready to use when you need them. Because e-mail is so easy to ease, many firms give little or no training on e-mail. Many users are simply unaware of helpful features readily available in their programs. Becoming a highly effective e-mail user requires that you update your skills regularly, experiment with software features and devote yourself to continuous learning and improvement.

Seek training for yourself and others on a regular basis. Don’t neglect e-mail training when you upgrade an office suite because "it’s only e-mail." Many people spend a good portion of their days only in e-mail. One great thing about e-mail is that e-mail topics lend themselves well to "brown bag" lunch seminars and short training sessions. You might find that a mini-session on using rules, managing folders or creating groups will be surprisingly well attended and can be repeated from time to time.

E-mail raises issues on a regular basis. You will want to keep apprised of virus and security issues. Encryption is a growing and important issue. Monitor developments. Again, a great resource on a variety of e-mail issues is Jerry Lawson’s excellent The Complete Internet Handbook for Lawyers.

A helpful book on the e-mail program you use or the occasional foray into Help screens can be especially rewarding and give you new ideas, techniques and tools.

E-mail is fundamentally a communications tool and like all communications will change and evolve steadily.

Conclusion. Great e-mailers are made not born. It will take some time and effort, but the rewards are immeasurable. Adopt these ten habits and you will become a highly effective e-mailer.

Note: This article is one of a series of my previously-published articles that I'm making available for free on my website and incorporating into my blog. Other of my articles may be found in the Articles category archive on my blog.

{Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 09:08 PM | Comments (0)

Disaster Recovery and Business Continuity Planning - Great New Resources

Carrie Mathews, on the CIO.com website, has a excellent, concise article called "How to Involve the Business to Create a Solid Continuity Plan." With the recent string of disasters, it's difficult even for the most tech-wary law firm not to have disaster recovery planning on the agenda.

The money quote:

"Business continuity is not about IT; it's about the business. Therefore, it only makes sense that someone from the business be the owner of this significant undertaking."

That's a point I cannot stress enough and it's one that I make whenever I speak and write about disaster recovery planning, such as in my article called "Ten Tips for Dealing with Disaster Recovery and Business Continuity Issues," which is featured in this month's issue of the ABA's webzine, Law Practice Today.

My article is part of a special Disaster Recovery theme issue of the webzine. This issue is chock-full of articles on practical disaster recovery topics from a variety of helpful perspectives. You'll find much to assist a law firm or any other business work on disaster recovery planning or, if unfortunately necessary, disaster recovery. Tom Mighell and I wrote a column on Internet resources on disaster recovery that points to other useful websites and materials.

As an editor of Law Practice Today, I really like the way we can take advantage of the web format to assemble an issue quickly on a topical theme without many of the constraints a print publication has.

There are a lot of great articles in this issue of LPT, so be sure to take a look at all of them. In particluar, I encouraged Matt Buchanan to publish the article called "Lawyers as Leaders of Change in Customer Service by Professionals." I think it's a great article that I hope gets a wide audience.

I hadn't yet mentioned the most recent earthquake disaster, but you can learn more about how to help out in those efforts and also see the role blogs are starting to play in coverage of and getting help in these catastrophes at the South Asia Quake Help blog.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 09:06 AM | Comments (0)

October 12, 2005

What the Amish Can Teach Us About Technology - Article

As I mentioned a little while ago, I made a decision to pull down most of my old articles from my website when I re-designed my site about a year ago. I've changed my mind about that and decided to make them freely available on my website, but wanted to put them into the database for my blog and amke them available in the "Articles" category archive. As a result, I'll be regularly posting these articles on my blog. Consider them as bonus posts.

The first one is one of my favorite short articles. It was written in 1999, is still timely now and the questions raised in the article will probably be topical forever.

+++++++++++

What Can the Amish Teach Us About Technology?

Has anyone else has read Howard Rheingold's fascinating article on the Amish and cell phones in the January 1999 issue of Wired? It's one of the most thought-provoking articles I've read recently. Or maybe it has a special resonance because I grew up in a part of Indiana where it wasn't a rare thing to see Amish people in stores, building barns and houses, and riding in horses and buggies on the roads. The Amish society, however, remained a closed mystery to those of us who were allowed only to be distant observers.

Rheingold's article looks at the fascination the Amish in Pennsylvania have with cellular phones and how they are wrestling with the place of these phones in their society and whether they will even allow this technology (and others) into their communities. He calls the Amish "techno-selectives," a useful term. The article turns into a fascinating discussion of how communities, in a principled way, make decisions about the place of technology.

I love the way the Amish who do have phones sometimes keep them in a shed away from houses or even in outhouses -- the concern being that phone calls are essentially disruptive to face-to-face discourse and must be kept in a place in a way that shows that people control the technology and not vice versa.

Rheingold explicitly relates this to the issues that arise when older Internet communities experience an influx of new people who are not aware of the community customs and norms. In the "old days", he says, everyone adhered to the largely unwritten rules of "netiquette" and those rules and list lore were passed along as new members entered and were integrated into the community. Sheer volume has overwhelmed the capacity to pass along this community lore and norms that Rheingold refers to with the German term "Ordnung." And the older Internet communities have struggled to adapt to a new reality.

By the end of the article, there is a dawning feeling that perhaps, in some sense, the Amish have it right - the new technologies should be considered and discussed in terms of their implications for the community, both in terms of costs and benefits and in the sense of appropriate place.

We would do well to consider and try to answer Rheingold's final question: "If we decided that community came first, how would we use our tools differently?"

++++++++

I recently finished Joel Garreau's excellent book, Radical Evolution, which I highly recommend, especially as a popular explanation of the notion of the Singularity often associated with Kurzweil. One of the most interesting parts of the book addressed the Amish and these same issues.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!™ - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - LexThink's BlawgThink 2005.

Posted by dmk at 08:44 PM | Comments (0)

As If We Needed Even More Evidence of the Electronic Discovery Disconnect

Petra Perschak's article on Law.com, "E-Discovery Tops List of In-House Worries" (free registration might be required to view the article at this link, but I'm not sure about that), comes at a propitious time - just as I'm ready to launch an effort to push for more bookings of my electronic discovery seminar between now and the end of the year.

The article shares the results of a recent survey that indicates that electronic discovery concerns are at the top of the list of issues in-house counsel worry about. Some wags might say that electronic discovery concerns are not at the top of the list of issues outside counsel worry about.

I have been struck over the course of this year how huge the disconnect is between what clients (and their corporate counsel) want in terms of electronic discovery, what judges (and court personnel) want in terms of electronic discovery, and what lawyers and law firms are actually doing in terms of electronic discovery.

I'm not sure when a "tipping point" will happen, but it is going to happen, and the lawyers who don't "get" electronic discovery are going to being as worried as their clients who list electronic discovery their #1 worry are today. This survey information is further evidence that, as Elvis Costello once sang, that "clowntime is over."

The money quote:

From Robert Owen, on the interplay between record retention policies and electronic discovery: "I don't believe it a coincidence that in-house counsel raised these concerns while simultaneously voicing their distress over rising litigation costs -- in my view, the two are inseparably linked."

Compare that with a quote in the article from a lawyer talking about the relative burden of electronic discovery requests:

"I think it's over-dramatized."

In fairness, the lawyer being quoted probably said quite a bit more than that single quote, but the quote ends the article and clearly sets out the sense of disconnection between lawyers and clients on these worry-inducing issues.

Our upcoming Thinking E-Discovery column on DiscoveryResources.org will touch in some detail on this sense of disconnection. Expect to see that in a week or so.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 11:13 AM | Comments (0)

October 11, 2005

The Best Blog Post Title Ever. Really.

Thanks, Cindy. That made my day. The fact is that law librarians are way too underappreciated.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:19 PM | Comments (0)

Some BlawgThink Updates

Matt has posted some updates on the BlawgThink 2005 legal blogging conference over on the LexThink blog, including some speaker anouncements. I'm thrilled by the speakers that we have in place and will be announcing soon.

Here's a preview.

I read an article tonight on legal ethics issues for lawyers using online marketing techniques, including blogs, in the current issue of the ABA Journal (unfortunately, the ABA Journal does not make the articles in the print version of the magazine available on its website).

The article quotes Ben Cowgill and Will Hornsby, two authorities on the ethical treatment of legal blogs and other online ethics issues. They will be speaking at and leading our session on ethics at BlawgThink.

That's an example of the level of sessions we're trying to put together for BlawgThink. Think about it. For more information on BlawgThink, visit the LexThink website. We want to see you there, whether you are a current blogger or whether you just want to learn more about where blogging is moving the legal profession and the practice of law and where it make take your practice.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - BlawgThink 2005

Posted by dmk at 10:04 PM | Comments (1)

CFO Magazine on Lawyers for Less

As you know, I pay a lot of attention to articles on developments in the ways the nature and dynamics of the practice of law are changing with the push of clients. With all of the recent talk about "Web 2.0" among bloggers, maybe it's time to start talking about Law 2.0. I'm now starting to see more discussion of these issues outside the traditional legal and law practice management resources.

Here's a good example. The latest issue of CFO Magazine has an article called "Lawyers for Less," by Russ Banham. The blurb for the article says: "Large companies are opting for cheaper, more-predictable alternatives to the traditional billable-hours approach."

In one sense, the article covers familiar territory, if you are familiar with the territory - developments in recent years at DuPont, Tyco, Cisco and FMC Technologies. However, I don't mean that as a criticism of the article - not that many people are familiar with these developments and the article tells the story of these developments as well as I have seen it done.

In another sense, the article becomes much more interesting. It's in CFO magazine, not a legal magazine. The website lists the article in the "Procurement" section, suggesting the nascent trend of viewing legal services providers as just one more standard type of vendor that can be managed and brought under control. Lawyers, predictably, struggle with that notion.

If I were a CFO and read this article, there'd be no doubt that I'd be talking to my legal department about this article and ways we might implement some of the techniques in the article.

A couple of money (perhaps real money) quotes from the article:

"Companies 'already view their law departments as cost centers. They need to look beyond that and bring predictability to them,' says Fred Krebs, president and chief operating officer of the Association of Corporate Counsel."

FMC Technologies Inc. CFO and senior vice president Bill Schumann - "I want low cost first and cost certainty second, and I'm not sure the traditional billable-hour format provides either."

"With Cisco Systems's adoption of fixed-fee arrangements for 'the vast majority' of its business with outside firms, says general counsel Mark Chandler, 'one effect has been a new focus on technology.'"

I really like that last quote.

Take a close look at how the law firms of the companies mentioned in this article have changed their practices. That's one of the big messages in this article.

This article earns my "highly recommended" seal of approval and might actually start people thinking a little harder about something like Law 2.0.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]

This post brought to you by Dennis Kennedy’s consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 09:29 PM | Comments (0)

October 10, 2005

Building a Litigation Support Department - Here's Where to Start

Mark Lieb sent me a pre-release review copy of his new book, Litigation Support Department, which I finished over the weekend.

When I was at the recent ILTA legal tech conference, I was struck by the large number of litigation support managers for law firms I saw there. It seemed like the fastest growing new occupation in the legal profession - at least based on my small sample set.

With the advent of electronic discovery and the growing expectations of judges, juries and clients that cases will be presented electronically, many firms are creating a litigation support department that is separate from the IT department to handle technology, staffing and other aspects of today's litigation. Based on what I've seen, the people in charge of these departments are highly professional, knowledgeable and competent. In short, they are probably more valuable to law firms than the firms realize.

I expect to see much more attention placed on litigation support and creating litigation support departments in the next few years.

Here's where Mark's book comes into the picture. It's a thorough, hands-on roadmap of how to set up a litigation support department and how to make an existing department better, written by someone with actual experience in creating a successful lit support department. In short, it's exactly what you would like to have at hand when building a lit support department.

It includes checklists, useful files on CDs and a detailed roadmap of the steps in the litigation process where lit support personnel can be employed effectively.

If you have the task of creating, builiding or managing a lit support department, get a copy of this book as your starting guide. It'll take you a long way.

Mark also plays a significant role in the useful Litigaation Support Vendors Association website, which I've mentioned on many occasions.

You can get a preview of the book (in PDF format) here.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 07:54 PM | Comments (0)

October 07, 2005

Pat Lamb on Alternative Fees

Pat Lamb packs a lot of wisdom into this short post about alternative fee arrangements and client service. But don't take my word - read the post.

The money quote:

"The real solution is abandoning hourly rates. But I realize most clients won’t just jump wholesale to this model. So my advice? Experiment. Send some of your work to firms that will do it on a modified fixed fee arrangement."

A bonus money quote for the post that led to Pat's post from the excellent Wired GC blog:

"How long can law firms continue to meet their challenges by raising rates and hourly targets?

The survey says: perhaps not much longer."

In the world of interesting coincidences, I had a long conversation today (before I read Pat's post) with Peter Jenkins of the very innovative Law Department Consortium and I noticed that Pat Lamb is a member of the Law Department Consortium's Advisory Board. That's a group worth watching.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11 & 12 - LexThink BlawgThink - the legal blogger unconference.

Posted by dmk at 07:09 PM | Comments (0)

October 06, 2005

NY Gala for Sclerodema

A few weeks ago I spoke at a conference and got to meet one of my fellow speakers, Tony Colleluori, a renowned criminal defense lawyer, a terrific speaker and a multiple blogger (see his criminal defense law blog and That Lawyer Dude). In a short time, I knew that Tony has a heart of gold, cares about the profession of law and his clients in a way that you seldom see these days, and that he absolutely loves his wife. I also had the sense that Tony would be a formidable adversary if you ran up against him in court. In short, he became my favorite criminal defense lawyer.

I mention Tony's wife because she is suffering from scleroderma, a connective tissue disease that greatly limits what she can do.

With hurricanes and other disasters taking center stage in 2005, the Scleroderma Foundation, like many other lesser-known charities, is struggling to raise funds. Its big fund-raiser is its National Gala in New York City.

If you are in NYC and have the chance to attend the Gala, please consider doing so. You'll get your money's worth just hearing Tony tell a few of his stories. If you can put the Scleroderma Foundation on your list of charities for this year, that would be a nice thing, too. If you know people with extra dollars to help a small charity, please mention this to them. I'm sure that Tony would be happy to provide you with more details.

And while you are thinking about this, please consider the Spina Bifida Association, currently chaired by one of my best friends in the blawgosphere, the amazing (but easily-embarrassed by me making this kind of fuss) Doug Sorocco. See Doug's testimony before Congress on quality of life issues for those with spina bifida here.

I've added both charities to my WhatGoesAround GiveList if you'd like an easy way to contribute to them. If you like my blog, one thing that you can consider doing is making a contribution to one of my favorite charities through WhatGoesAround.org - a cool idea and something I prefer rather than having a "tip jar" on this blog.

[Originally posted on DennisKennedy.Blog (http://www,denniskennedy.com/blog/)]

Posted by dmk at 10:56 AM | Comments (0)

Understanding the Wiki Concept

I've had so many of my friends suggest a wiki as the answer to just about any question lately that I start laughing when another of them says, "What about a wiki for this?"

I've seen limited success in my own own experience with wikis, in part because everyone seems to lurch from one tool to the next wiki "flavor of the month." However, there is no question that wikis are fascinating tools for collaboration and the Wikipedia is certainly a wildly successful proof of the concept.

However, there's always been a problem of explaining a wiki to someone not familiar with wikis, blogs or much else about technology.

Today, I read an interview of Ross Mayfield of SocialText that explains the concept of wikis, and the promise of wikis, as well as I've ever seen, and with enthusiasm. I found the explanation and discussion very helpful and recommend the interview as a good starting point for anyone who wants to learn what all the fuss about wikis is all about.

The money quote:

"We have people ripping out their intranet and replacing it with a dynamic wiki. . . . So, the people are just setting the dynamic wiki utility up themselves. Then, really interesting stuff starts to happen. . . . The difference is that when you reduce the barrier to contribution, and you entrust the users to work with their own information, you end up increasing the amount of information that's available. It increases the probability that, if I'm searching for something, it might actually exist."

As for my wiki-bearing friends, I'm with you, but you really need to pick one tool and stick with it.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy’s consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 09:14 AM | Comments (0)

October 05, 2005

HP Legal Technology Awards for 2005 - Get Recognized for Your Innovations

Not getting enough attention for the cool things you're doing in legal technology at your firm? Would $10,000 (or $5,000) of HP equipment make you feel better about all the work you put into your favortie project? I bet it would.

HP is inviting firms to apply for HP's 2005 Legal Technology Awards. There are two categories - firm excellence and technological innovation.

From the webpage for the awards:

"The HP Legal Technology Awards is a competition exclusively for legal industry professionals. HP would like to recognize and reward those firms - large and small - that are effectively using technology in creative and innovative ways to save time, increase productivity and/or improve client services."

You can get your application for the awards at http://www.hp.com/sbso/solutions/legal/legal_tech_awards.html.

If you're doing something cool, why not get some recognition and some computer equipment for your efforts?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]

This post brought to you by Dennis Kennedy's eBooks - Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law, Dennis Kennedy's Legal Technology Primer and Unlocking the Secrets of Legal Technology and Technology Law: Finding Your Way in the First Internet Era.

[NOTE: Maybe this doesn't rise to the level of something that needs to be disclosed on a blog, but I feel more comfortable disclosing it. I am happy to promote this competition, but I have relationships with HP through LexThink and personally that I believe are material enough that it would be inappropriate for me to enter this award competition. There's also some possibility that I'll be involved in judging the competition.]

Posted by dmk at 05:22 PM | Comments (0)

October 04, 2005

Electronic Discovery Changes Role of Corporate Counsel

Sue Reisinger's "In-House Attorneys Become IT Gatekeepers" on Law.com paints an accurate picture of the role in which many corporate counsel have reluctantly found themselves in today's electronic discovery environment. In simplest terms, corporate counsel often find themselves reluctantly playing the role of intermediary between IT departments who don't fully understand the legal issues involved in electronic discovery and outside law firms who have only rudimentary knowldge of IT practices, procedures and technologies.

As the article describes, many companies face a disaster just waiting to happen.

A few quotes will give you the flavor:

"When it comes to e-discovery, many in-house counsel still find themselves in over their heads."

"But despite electronic data's notoriety, recent surveys show that an alarming percentage of corporate attorneys and their companies still aren't up to speed. A study by Cohasset Associates Inc., a Chicago-based records management firm, showed that 46 percent of the companies surveyed don't have a formal system for holding records, and 65 percent don't include electronic documents when they retain documents."

"For e-discovery, there's a classic disconnect between technology and the law, and the law hasn't fully caught up."

"As part of these projects, many corporate counsel are having to take on yet another role: that of a liaison between the information technology staff and the company's business units. For many of them, it's meant a steep learning curve as they divine where and how the company's digital secrets are stored in vast, decentralized computer networks."

"But even with new software and new guidelines, Marathon Oil's Kerrigan thinks it could be five years before the e-discovery frenzy calms down and courts offer clear directions on what companies must produce. Until then, Kerrigan adds, e-discovery 'is like planning for Armageddon. No one knows how much is enough.'"

I got a certain sense of "sailing on the Titanic" as I read the article.

Law.com has also posted a handy list of the 14 "Sedona principles" for electronic discovery published as guidelines by the Sedona Conference. These principles reflect the input of a varietyif people interested in electronic discovery. The devil, of course, will be in the details of implementing these principles. The first difficulty will be in getting lawyers to pay more attention to electronic discovery issues. The principles have become increasingly controversial as lawyers and others have focused on what they mean in practice, rather than a aspirational guidelines.

This article is a good one for showing what a horrible mess the world of electronic discovery is becoming. I have often described electronic discovery as practiced today as a freight train roaring toward a concrete wall. Some people think I'm exaggerating for effect when I say that the way lawyers are dealing with electronic discovery today will put some companies out of business and has the potential to break the court system. However, you may find yourself a little more sympathetic to my point of view after reading this article. People who do not get up to speed on electronic discovery may pay a very heavy price.

Note well that electronic discovery is becoming a primary area for client-driven technology - almost all of the initiatives are coming from clients, not from their law firms. It also is an area where I see the potential for "fourth generation legal technology" - technologies that begin to remove lawyers from large chunks of the process and limit the work that has been traditionally done by lawyers. A close reading of Reisinger's article will reveal some hints of that starting to happen.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's half-day electronic discovery seminar - "Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery." Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

Posted by dmk at 07:05 AM | Comments (0)

October 03, 2005

Practice Makes Perfect

This one might be the most important post I read today or any other day.

Ankesh Kothari on the Marketing Eye blog has a post called "Practice Makes You Perfect," which focuses on the following quote from Pablo Casals on the subject of practice.

From the post:

"Reporter: Mr. Casals, you're 95 and the greatest cellist that ever lived. Why do you still practice six hours a day?

Pablo Casals: Because I think I'm making progress."

I find that inspiring. How about you?

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by Dennis Kennedy's consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

Posted by dmk at 08:58 PM | Comments (0)

Will Document Automation Disrupt the Legal Profession?

Legal technology pioneer Marc Lauritsen asked me to publicize the following roundtable discussion that will be held as part of the ABA Law Practice Management Section's Fall Meeting in a few weeks. I'm happy to do so because this topic is so fascinating. I'll be at the roundtable discussion, titled "Will Document Automation Disrupt the Legal Profession?" Hope to see you there.

Marc writes:

"A roundtable discussion sponsored by the ABA's eLawyering Task Force:

Saturday, October 22, 11 am to 1 pm
Loew's Hotel, Philadelphia

This is the first in a series of roundtables on technologies that have the potential to disrupt the legal profession.

Document assembly software automates the production of legal documents, usually through an interview process. You answer questions and a custom draft is automatically built.

Although the concept is simple, many applications involve sophisticated decision trees and web interfaces. Automation processes for self-help business users can have built-in “trap doors”: safe documents are generated automatically but questionable ones are routed to a lawyer for review.

Document assembly has not lived up to its promise, despite the huge efficiency gains it creates. One big barrier to adoption by law firms has been the billable hour.

Some law firms use document automation to sustain their current practices. Some deploy extranets through which clients can assemble their own documents. But most firms look at these endeavors as unattractive, downmarket opportunities.

In the meantime, corporate law departments like Cisco's are e-lawyering large swaths of routine document work. Courts and legal aid programs are delivering free online forms to the public. And a variety of nontraditional legal service providers with capital and entrepreneurial zeal are clamoring to seize opportunities evidently being left on the table by lawyers.

The session will begin with several short presentations, followed by group discussion.

Marc Lauritsen will give a short history of document automation and its current state of development, both in terms of technology and in terms of applications.

Darryl Mountain will apply Harvard Business School professor Clayton Christensen’s theory of disruptive innovations to the document automation industry.

Richard Granat will discuss disruptive business models such as We the People U.S.A. and his own mylawyer.com and directlaw.com."

For more information, contact Marc directly - info at Marc's website at http://www.capstonepractice.com.

You can expect this roundtable to cover some of the areas I've referred to as Fourth Generation Legal Technology. The roundtable should also be an excellent way to whet your appetite for BlawgThink 2005.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM)/a> - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. November 11-12, 2005 - LexThink's BlawgThink.

Posted by dmk at 07:59 AM | Comments (0)

October 01, 2005

The Personal Web - Rollyo

While there are other ways to accomplish the same thing, I'm fascinated by Rollyo, which gives you an incredibly easy way to create your own personal (and shareable) search engine that runs on a universe of websites selected by you.

It's an online tool and is a good example of what people are referring to when they use the term "Web 2.0."

As an experiment with the tool, I created Rollyo search engines for:

Legal Technology - based on some of my favorite legal tech websites

Between Lawyers - search the individual blogs of all of the contributors to the Between Lawyers blog

LexThink - search the LexThink blog, Matt's blog, my blog and the ReThink IP blog. I'll probably add blogs of speakers and attendees of BlawgThink to the search universe soon.

So, check out Rollyo, look for the Rollyo search engines I created and roll a few of your own mini-search engines.

As I said, there are other ways to accomplish the same thing, but Rollyo is a simple and easy application that will let you try out this approach and see its power and utility.

Thanks to Gary Stein at Jupiter Research and others for pointing out Rollyo.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(TM) - The Conference, Re-imagined. LexThink! - Think big thoughts, do cool things, change the world. Coming soon - LexThink BlawgThink - the legal blogger unconference.

Posted by dmk at 09:41 AM | Comments (0)