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April 12, 2006

Four Generations of Computer Malware

Donna's SecurityFlash is a must-read resource for anyone interested in computer security - especially if, like me, you are preparing for a presentation on computer security next week.

Today, she points to a great article by Peter Tippett called "The Fourth Generation of Malware." The article is mandatory reading for anyone who still thinks that anti-virus software is all the protection you need and for anyone who wants to gain a greater appreciation of what the threat environment for computers today.

Tippett describes four generations of "malware," while noting the 20th anniversary of the first computer virus:

1. DOS Viruses (1986 - 1995)
2. Macro Viruses (1995 - 2000)
3. Big Impact Worms (1999 - 2005)
4. Malcode for Profit (2004 - to present)

The money quote:

Over the last twenty years, worms have used all types of replication vectors, which of course increase with each advance in technology. Authors have worked diligently to have their worms and Trojans avoid detection and reach more victims with every iteration. For instance during this fourth generation, we’ve witnessed Backdoors, Trojans and root kits that enable the free reuse of the infected computer, and bots that create ‘zombies’ out of a network of computers that allow the malcode perpetrator to orchestrate responses among tens of thousands, or even millions, of victims at a time.
With each generation of malware growing more complex and devastating, it’s become increasingly important for CIOs to know not only who is on their network, but who is accessing their network.

While there isn’t an end-all-be-all solution to wiping malicious code authors off the face of the Earth, having the best security policies and procedures in place will help enterprises avoid a crippling network attack that not only puts information at risk, but impedes productivity and ultimately damages the bottom line.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology computer security malware

Posted by dmk at 06:25 PM | Comments (0)

April 11, 2006

New Issue of Law Practice Today Webzine Focuses on Outsourcing

The newest issue of the ABA Law Practice Management Section's webzine Law Practice Today is out. The theme for this month is outsourcing and this issue serves up a good collection of outsourcing articles as well as the customary assortment of good articles on finance, management, marketing and technology for lawyers and law firms.

I played a role in a roundtable article on outsourcing called "Inside vs. Outside: When Does it Make Sense for Law Firms to Outsource?" It's a wide-ranging article that even discusses the topic of outsourcing legal services.

Highly recommended.

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

This post brought to you by LexThink!(R) - The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon - LexThink Lounge - April 19, 2006.

Technorati tags: legal technology outsourcing Law Practice Today

Posted by dmk at 07:47 PM | Comments (0)

April 10, 2006

Webcast: Security in a Wired and Wireless World

Dan Pinnington and I will be presenting a TECHSHOW session called "The Weakest Link: Security in a Wired and Wireless World." I'm thrilled to finally get the chance to do a presentation with Dan, one of my favorite people in legal technology.

We've recently learned that the ABA will be doing a live webcast of our session.

While I definitely encourage you to attend TECHSHOW and our session, attending this webcast is the next best thing.

Here's the program description:

An unprotected computer running a non-updated version of Windows will be attacked and compromised within twenty minutes of connecting to the Internet, potentially risking violation of your clients’ privacy.
Computer threats have become increasingly malicious and damaging. Automated attacks and organized crime have changed the security picture drastically from the days of the fifteen-year-old hacker breaking into systems for fun.

As wireless connectivity becomes more common, you are at risk at home, in your office and on the road. The good news is that there are standard steps that you can take and procedures that you can follow to safeguard the vital client, business, and personal information on your computers. The bad news is that neglecting these steps and ongoing security procedures will put your sensitive data in peril. There are many potential weak links in the networks and software systems you use in the practice of law.

Our expert faculty will provide information on current threats, tested strategies, best practices and practical tips that you can use to strengthen your wired and wireless networks.

In this session, you will learn practical ways to:

+ secure your computers and networks using the standard steps security experts recommend
+ test whether your efforts are working
+ minimize your risk of exposing client confidences and your business and personal information
+ stay aware of current security threats

Registration information is here.

[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 blogging consulting, technology audit, strategic planning and technology committee coaching packages especially for medium-sized law firms (15 - 100 lawyers) and corporate legal departments. More information on the "Second Pair of Eyes" packages for legal technology audits and strategic planning may be found here (PDF).

Technorati tags: legal technology computer security webinar TECHSHOW

Posted by dmk at 08:50 AM | Comments (1)

April 09, 2006

My New White Paper: "Moving from Reaction to Risk Management"

RenewData has released a new white paper I wrote called "Moving From Reaction to Risk Management: Changing the Focus of Information Governance to Achieve Better Business Results."

From the synopsis:

The whitepaper highlights the fact that information governance is an important component of overall risk management and that considering it as a key part of risk management both improves business results and helps manage risks. In addition, applying business rules can help reduce the costs of compliance and improve the likelihood of compliance and the enforcement of policies and procedures, resulting in a reduction of actual risk and an improvement in risk management.

In the paper I argue that we need to focus on "the benefits of finding and using appropriate business rules to move information governance efforts away from the reactive and passive approaches commonly used today to approaches that can anticipate and even prevent problems."

A fundamental premise of my approach is that electronic discovery is just one part of an integrated records management and information governance effort.

I encourage you to read the white paper and let me know what you think. You may download the white paper (and another white paper I wrote earlier this year on information lifecycle management) here.

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

Learn more about electronic discovery at Dennis Kennedy's Electronic Discovery Resources page.

Technorati tags: legal technology electronic discovery records management information governance white paper

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

Where are the Lawyers at Legal Tech Conferences? Take Two

I had a great time on Friday speaking at Pitney Bowes's National Client Advisory Board meeting in Scottsdale. I gave a presentation on top legal technology trends for 2006 (and I'll be giving a similar presentation next month at the Association of Legal Administrators Annual Meeting).

Once again, I found myself at a great conference where I learned a lot about electronic discovery and records management, and I was almost the only lawyer there.

I learned not just about Pitney Bowes's recent acquisition of Ibis Consulting (indicative of a trend I have mentioned this year of EDD vendors expanding into consulting services (including, especially, project management)), but much about records managmement and electronic discovery from the point of view of clients and vendors. I don't know of a single lawyer who would not have benefited from hearing the insights of clients on electronic discovery issues that I heard.

In addition, I got a new understanding of how daunting the records management issues that face both clients and law firms really are.

It was a great conference and I thoroughly enjoyed getting the opportunity to present to this group.

My recent question still remains: why am I not seeing any lawyers at electronic discovery and legal tech conferences, especially ones where they could get insights into their clients' thinking? Along these lines, I recommend that you read Jeff Carr's comment on my recent post about this topic.

A big thank you to Pitney Bowes for bringing me to this conference.

There's still time for lawyers to register for the ABA TECHSHOW.

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

Learn more about electronic discovery at Dennis Kennedy's Electronic Discovery Resources page.

Technorati tags: legal technology electronic discovery records management TECHSHOW client-driven technology

Posted by dmk at 07:05 PM | Comments (1)

Is The Time Right for Tablet PCs?

Craig Pringle has a great blog post called "Now is the Time for Tablets" that argues that the time is now right for moving to the Tablet PC. As a Tablet PC user and a long-time Tablet PC fan, I could not agree more.

Craig's post is well-reasoned and I highly recommend that you read the whole post. As long-time readers of this blog know, I think that Tablet PCs really make sense for lawyers.

The money quote is Craig's list of reasons why the timing is right for Tablet PCs:

These key influences are:
+ Mobile computing in general is taking off.

+ Connectivity is trending towards being universal.

+ The limitations of battery life are being reduced.

+ The range of devices available is increasing.

+ The range of software written to be tablet aware or tablet specific is increasing.

+ The marginal cost of a tablet over a laptop is decreasing.

+ Awareness of the Tablet PC as an option is increasing.

+ The distinction between "Laptop" and "Tablet" is going to be removed with Windows Vista.

If you are considering the purchase of a new computer soon, add Craig's post to list of articles to study.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology Tablet PC

Posted by dmk at 06:54 PM | Comments (1)

April 05, 2006

Tips on Getting More Life From Your Batteries

Batteries have been on my mind after our recent set of power outages.

Here's a good article I found today from PC Magazine that explains batteries and battery life and gives some good practical tips for getting the most out of your batteries.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology batteries

Posted by dmk at 11:25 AM | Comments (0)

March 30, 2006

Where are the Lawyers at Legal Technology Seminars These Days?

The nice people at IKON put on a great legal technology seminar in St. Louis yesterday. I learned a lot and took a lot of notes. Among other things, there was great coverage of electronic discovery, records management and legal tech from the corporate law department point of view (something I call "client-driven technology").

It was well-attended (more than 70 people), but when they "qualified the audience," there were only a handful of lawyers in the room.

The rest were IT staff, paralegals and legal administrators. I've noticed this trend over the last several months as I've attended legal technology and electronic discovery seminar sessions that are increasingly made up of IT people rather than lawyers.

Maybe I'm off target, but I feel that lawyers should want to hear a representative from the legal department of a major corporation talk about where they would like to go with their technology and how their law firms could help them. They might also like to know where their clients feel that their law firms are not responsive enough.

If you want one "take-away" to consider carefully, it was this: corporate legal departments are increasingly being called on to be part of the business team in terms of budgeting and other standard business approaches. Law firms that do not help them do that should expect to find a growing impatience. Electronic billing is one way to help.

I learned a good deal about the current state of affairs in electronic discovery, compliance and records management, and other things as well, but, looking back on my notes, I can't help but notice this comment - "What is the mix of this audience and where are the lawyers?"

If you are one of those lawyers who seem to be staying away from good educational events on legal technology, let me encourage you to attend ABA TECHSHOW 2006. Hope to see you there. I guarantee that you'll get a competitive advantage over the lawyers who seem to be isolating themselves from learning about the leading technology issues of the day that are front-and-center for their clients.

My thank you goes out to IKON for inviting me to this seminar and I'm glad I had a gap in my schedule to attend it. Well worth it and, if this show comes to your town, I recommend it.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology client-driven technology electronic discovery TECHSHOW

Posted by dmk at 07:41 PM | Comments (3)

March 29, 2006

Keeping Your Mobile Phone or PDA with You For Always

Martin Geddes at the Telepocalypse blog reports on a "just when you thought you had heard of everything" story of people being buried with their cell phones at their sides in their caskets.

No reports yet of people being buried wearing those headsets with the bright blue LEDs. However, there are apparently stories of people being buried with extra batteries.

Hey, if you consider what ancient pharoahs and royalty have been buried with, maybe it's no so strange.

Well . . . yes, it is strange.

In my case (thank you Verizon), my reception six feet underground probably cannot be any worse than the reception I get on my cell phone at my house.

By the way, I like how Martin turns this weird story into a lesson that he draws about the telcom industry. I met and had dinner with Martin last year after the Chicago BlogWalk and was greatly impressed with his knowledge of the telcom industry and its trends and challenges. Be sure to read his whole post.

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

Posted by dmk at 10:11 PM | Comments (0)

March 28, 2006

Congratulations to Evan Schaeffer on a Year of Podcasting Legally

I listened today to Evan Schaeffer's Legal Underground Podcast #47, which is his un-anniversary podcast honoring his first anniversary of podcasting.

As always, it's well-produced, witty, insightful and very professional. If you wondered what podcasting is and how lawyers might use it, this is a great podcast to check out. It's just over 8 minutes long, so it's an easy one to get on your to-listen list.

Longtime readers of this blog, especially those with sharp memories, will recall that Evan's podcast won my 2005 Blawggie Award for Best Legal Podcast.

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

Technorati tags: legal technology podcast Blawggies legal underground

Posted by dmk at 05:14 PM | Comments (0)

BlawgWorld 2006 eBook Now Available for Public Download

TechnoLawyer's BlawgWorld 2006 is a great sampler of useful, thought-provoking and enjoyable blog posts from more than fifty of the many law-related blogs out there these days, including two posts from me - one from this blog and one from the Between Lawyers blog. Download it for free here.

BlawgWorld 2006 gives those new to the world of blogging a great sampling of the range and nature of the law-related blogs. It's not comprehensive, or even designed to be, but it's a very nice sampler, especially for those who have heard about blogs, but haven't really read any blogs yet.

Although it's easy for people these days to over-think and over-discuss the whole "blogging phenomenon," I will note that if you read through BlawgWorld 2006, you'll see why I've begun to describe blogs as "online newspaper or magazine columns without the newspaper or magazine." Don't think so much about the items in the eBook as part of "blogging," just view them as short, informative and enjoyable articles.

Download it for free here.

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

Technorati tags: blawgworld blawg legal technology LexThink! Lounge LexThink!

Posted by dmk at 04:20 PM | Comments (0)

March 26, 2006

SaaS: The Next Big Thing?

Eric Knorr's InfoWorld article called "Software as a Service: The Next Big Thing" is a great overview of the current state of affairs in the world of the "hot" Software as a Service ("SaaS") trend.

Although it's tempting to see SaaS as the old Application Service Provider model with a new name, those in the SaaS industry see some important differences, or at least some important evolutionary developments. This article helps you see those differences.

The article points to Salesforce.com as a leader in SaaS and, more specifically, its AppExchange as the key development to watch in this area.

Even though the following quote is pretty technical and jargon-laden, you will be well rewarded for unpacking this one, making it my money quote:

The ultimate disruptive effect of the “services wave” may well resemble that of the dot-com era, when companies that were smart about leveraging the Web exploited unforeseen growth opportunities. As the viral growth of Web 2.0 mash-ups and walled gardens like AppExchange make clear, every true SaaS application is potentially part of an XML-driven ecosystem.

As you probably know, I've long been a fan of the ASP, hosted services or SaaS model as a technology strategy and have written and spoken about it on many occasions over the years.

You can also read about my thoughts on the unique legal issues raised by SaaS approaches in Jennifer Jones's ComputerWorld article called "Data Diligence."

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology Software as a Service SaaS

Posted by dmk at 03:59 PM | Comments (0)

Replay of Law Firm Tech Committee Webinar Available

Aspen Conferencing has made the replay of my recent video webinar "Best Practices for Law Firm Technology Committees" available for free viewing. You can view it here (https://ase.on.raindance.com/confmgr/view_stored_doc.jsp? docId=91919523631781116747306485130&docType=recording).

I encourage you to check it out and let me know what you think.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page. This post brought to you by Dennis Kennedy's legal technology consulting services, featuring RSS and blogging consulting, technology audit, strategic planning and technology committee coaching packages especially for medium-sized law firms (15 - 100 lawyers) and corporate legal departments. More information on the "Second Pair of Eyes" packages for legal technology audits and strategic planning may be found here (PDF).

Technorati tags: legal technology technology committee webinar

Posted by dmk at 03:33 PM | Comments (0)

March 23, 2006

Strategic Planning Tips for Mid-sized Law Firms (and Others)

I'm a fan of Tom Collins and his More Partner Income blog. Today, he features a guest post from John Remsen, Jr. called "Keys to Successful Strategic Planning."

It's a good list of sound, solid information with an eye toward the needs of mid-sized firms.

The money quote:

Many midsized firms seem to think that strategic planning is for larger firms. However, any firm with an eye toward the future can benefit from the process. Planning can help a firm develop a consensus on key big-picture issues, promote internal communication within the firm, inspire attorneys to get out and do things they wouldn’t otherwise do, and help the firm allocate its resources more effectively.

My favorite tip relates to measuring and rewarding desired behavior.

A good strategic plan makes your technology (and other) decisions so much easier. If you have a good strategic plan, you'll see the benefits of creating a strategic technology plan for your firm, something that really makes sense in the mid-sized law firm category.

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

Technorati tags: legal technology strategic plan strategic technology plan mid-sized law firm

Posted by dmk at 07:44 PM | Comments (0)

March 22, 2006

Trimming Your News Aggregator Subscriptions

Fred Faulkner's "Information Overload = Loss in Productivity: Trimming Down the News Aggregator Fat" offers some good practical tips for people who feel that they have subscribed to too many RSS feeds from blogs and other resources. How many is too many? Well, that can vary - see my post called "Heart of Blogness."

Here are a few techniques I use:

1. Saved Searches. Most newsreaders allow you to run searches over all of the posts in your newsreader. I have a set of saved searches on terms of interest to me (e.g., ABA TECHSHOW or LexThink). These "saved search" folders will locate any posts from all of the feeds to which you subscribe that contain those terms. In a certain sense, they make the total number of feeds to which you subscribe irrelevant. You can easily get to the posts that interest you. Long-term potential problem: too many saved searches.

2. The "River of News" approach. There's no requirement that you read every post in every feed in your aggregator. Think of a newspaper - you don't read every item in a newspaper. Your news aggregator will probably have a folder that collects all items that are from "today" or "unread." Simply scroll through, as if browsing a newspaper, and read what catches your attention without considering which blog or feed the item comes from. If you build up a backlog of unread posts, simply mark them "read" and move forward. Again, in this approach, there's no real need to limit your number of subscribed feeds.

3. "Page 1 / Page 2." I used to organized subscribed feeds in folders by category. However, the number of category folders can grow and your system can become unwieldy. I'm now trying an approach that is almost the reverse of Steve Nipper's "probation folder" approach. I have a "Page 1" folder and a "Page 2" folder. The Page 1 folder contains feeds I like to read on a daily basis. "Page 2" is everything else. I may move items from Page 1 to Page 2 and vice versa on a regular basis. As you might expect, I tend to read most of the items in Page 1. I tend not to read most of the items in Page 2 (but, remember that I'm catching the items that interest me in Page 2 with my saved searches or I may see them if I am reading in the "River of News" mode).

I haven't found it to be a good use of time to do a lot of trimming of feeds, although I will delete a good number of feeds from time to time. If I find a new feed, I'll subscribe to it and throw into Page 2 (or, rarely, right into Page 1). If something continues to catch my attention, I'll move it into Page 1.

I've found that this combination of approaches serves me well and offers me several techniques to use depending on the time I have available, what my mood is and other factors.

It also seems to scale pretty well as you move up in the number of feeds. I prefer to add a few more feeds that try to delete feeds that I basically like in order to get down to an arbitrary number of feed subscriptions.

By the way, if you don't use a news aggregator and this seems oh-so-arcane to you, remember that (assuming that you are reading this post on my blog) you can get each of my new blog posts delivered to you automatically via email by using the Feedblitz subscription form in the left column of the front page of my blog.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology river of news rss news aggregator

Posted by dmk at 05:13 PM | Comments (0)

March 20, 2006

Top Ten Tips for Law Firm Technology Committees

I've written a new article on my top ten tips for law firm technology committees that distills and captures in one place a lot of my current thinking on legal technology. This article will only be available to attendees of the video webinar I'll be presenting on Tuesday, March 21.

Here are the details:

Last Call: 'll be presenting my first video webinar on Tuesday, March 21 (12:30 Central time), thanks to Anthony Reading and Aspen Conferencing.

The free webinar is called "Best Practices for Law Firm Technology Committees: Making Good Decisions in a Time of Too Many Choices." Registration details are at http://www.aspenconferencing.com/invite.html#.

If you are a member of a law firm technology committee, are appointing members to a tech committee or may join a tech committee in the near future, please join us for this informative, thought-provoking and action-oriented presentation.

There are a limited number of slots for the webinar, so I encourage you to register soon. It's free and you will get some great information not available elsewhere.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology technology committee webinar law firm videocast Aspen Conferencing

Posted by dmk at 03:27 PM | Comments (0)

March 17, 2006

Reminder: Dennis Kennedy's Video Webinar on Law Firm Technology Committee Best Practices on March 21

As I posted recently, I'll be presenting my first video webinar on Tuesday, March 21 (12:30 Central time), thanks to Anthony Reading and Aspen Conferencing.

The webinar will provide ideas and information on law firm technology committees that is solid, practical and based on my experience and what I've learned from others.

I've written a new article on my ten tips for law firm technology committees that distills and captures in one place a lot of my current thinking on legal technology. This article will only be available to attendees of the webinar.

I spent some time with Anthony today learning the technology and I'm excited about not only the video aspect of this, but some of the tools for presenters that I'll have available.

The webinar will cover:

Building a Solid Foundation

1. The technology committee horror story that you don't want to have to tell.

2. Technology committee basics - answers to the questions: who? how? and what to do?

Moving Forward with Style, Support and Success

3. Getting things done - focus, strategy and what really works.

4. Setting your agenda - point A, point B and getting from point A to point B.

Making Your Best Plan for 2006 and Beyond

5. Dennis Kennedy's Top Ten Tips for Technology Committees in 2006 (available only to attendees of this seminar).

6. A sampling of Dennis Kennedy's favorite action steps to help you get to a great start at your firm.

There are a limited number of slots for the webinar, so I encourage you to register soon. It's free and you will get some great information not available elsewhere.

If you would like to receive information on other resources I may be providing in the future for law firm technology committees, please email me with your contact info at denniskennedyblog @ gmail.com.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology technology committee webinar law firm videocast Aspen Conferencing

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

March 15, 2006

TECHSHOW Early Bird Discount Deadline Extended, But Act Soon

Jim Calloway reports that the deadline for getting the early bird discount for the ABA TECHSHOW has been extended until March 17.

As a former TECHSHOW Board member, I'll always have a fondness for TECHSHOW and encourage you to attend if you want to learn more about ways that technology is transforming the practice of law. This year is the 20th anniversary of TECHSHOW and it should be one of the best shows ever. I'll be speaking at a couple of sessions and hope to see you there.

TECHSHOW is being held this year in connection with the Spring Meeting of the ABA's Law Practice Management Section. Joining the Law Practice Management Section (especially getting involved in Section activities) has been one of the smartest moves I've made in my legal career. This year, you have an opportunity to attend TECHSHOW and also attend the regular LPM Section meeting to learn more and consider joining.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology techshow law practice management

Posted by dmk at 07:08 PM | Comments (0)

Flying Solo: Buy and Download the Chapters You Need

One of the essential resources for amy lawyer with a solo practice (or planning to start one) is the Fourth Edition of the book, Flying Solo, edited by Bill Gibson.

Some solos may want to learn about specific issues and not wish to buy the entire book. The good news is that if you are only interested in a few chapters, you can download about half of the chapters as individual downloads so you can get exactly the materials you need.

Along with Storm Evans, I edited the technology chapters in Flying Solo and it's good to see that they are well-represented in the available downloads.

I wrote three chapters for the book, all of which are available for download: Email Management; Computer Security for Solos; and Leaving a Firm: Guidelines for a Smoother Transition. The chapter on leaving a firm has surprised me with the amount of positive response it has gotten.

There are lots of other helpful chapters available for download and the book is hard to beat.

Other great resources for solo lawyers include the excellent MyShingle.com site and the new Oklahoma Bar Association Starting a Law Practice Web Directory.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology Flying Solo solo

Posted by dmk at 06:47 PM | Comments (0)

March 13, 2006

Tracking the Way You Navigate Other Websites Will Help You Improve Your Website

This post is a follow-up to yesterday's post called "Current Standards in Law Firm Websites - Some Improvements for You to Consider."

I visited a website today because I wanted to find out more about the company (not a law firm) and its services, but really more about the company.

I went to the home page. Unlike too many pages these days, this site had general pricing information and service descriptions displayed prominently on the home page.

Then I looked for and found a navigation bar near the top of the page. I was looking for a tab that said "About Us." I found it, but also saw that there was a "What We Believe" tab.

I went to the "What We Believe" page. It was personal and created a good impression about the company.

Then I went to the "About Us" page to see what it said. It had a nice picture of the company founder and a well-written, friendly description of the company and its services.

I saw a link to "Testimonials" and went there to see what people had to say about the company. (Note that law firms are probably prohibited under the applicable ethical rules from using anything like standard testimonials, but notice how important they are in the thought process when we navigate other websites).

Next, I saw that the site had an "FAQ" or "Frequently Asked Questions" page and I took a look at that. Now I was ready for a "Demo" or "Tutorial" page, and I found one.

Finally, I looked in the top navigation bar and found the "Contact Us" tab and went to a page that gave me multiple ways to contact the company.

In terms of a user experience, this was a home run. The site was otherwise nothing special in terms of design or use of current gee-whiz tools.

How does your website stack up when you run it through the same thought process?

Given that law firm websites probably are prohibited from doing testimonial and demo pages, and FAQ pages are extremely rare on law firm websites, look at how you are short-circuiting the normal thought and navigation process, making it likely that a visitor will bail out before trying to contact you. If you then make it hard to contact you, it's difficult to see how your website is really helping you.

Think about it. Then give your site a test.

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

Technorati tags: legal technology law firm website usability

Posted by dmk at 05:35 PM | Comments (0)

March 12, 2006

Current Standards in Law Firm Websites - Some Improvements for You to Consider

I've spent some time recently doing some research that required me to look at a lot of law firm websites. I have a few observations.

I first wrote and spoke about law firm web pages in 1996. You can see a review of St. Louis law firm sites I did in 1998/1999 here, which might be interesting for nostalgia and other reasons. Most of my wrting on law firm web pages can be found in the collected columns called The Internet Roundtable I co-write with Jerry Lawson and Brenda Howard on LLRX.com.

However, I have written much, if anything, about websites in the blog/RSS era - that's how much blogs and RSS have changed the landscape.

It would be very instructive for firms without blogs to look at a few law-related blogs and then visit their own website. Traditional websites seem so, well, static in comparison.

I was looking for specific information, including contact information for individual lawyers, so I did not take an in-depth look at any of the sites I visited. In general, my sense is that many firms have websites that are working against them and not for them.

Here are a few problem areas:

1. Not Considering Likely Usage. Many times, I go to a law firm website simply to get contact information for a lawyer or the firm (phone number, mailing address , email address). I have to believe that this a common reason people go to websites. It surprises me how many websites do not have the office mailing addresss and main phone number on the front page. It shocks me, though, how difficult some sites make it to find that information. As an another example, it can take a trip to several pages and a search box or two to find lawyer bios, some of which still do not include phone numbers and email addresses. It's almost impossible to put standard contact info in too many places on a website.

2. Making the Biographies Hard to Find and Use. I do not mind finding a page that has a short bio (with contact info) and a link to PDF version of the full (long) bio. However, some firms force you to go directly to the long PDF bio (which sometimes does not have the firm's name or the lawyer's direct dial number or email address). Even worse, some of the long PDF bios have not been optimized for the web and take a long time to download. PDFs can be quite useful, especially if you expect someone to print them out, but what happens a few weeks or months later when I look at the printout of your bio and it doesn't include the firm name on it or other contact info?

3. Building a Fortress Around Your Email Addresses. Many times, I go to a law firm website just to get an email address for someone I've met or already know. At some law firm websites, it would be easier to get into the office safe than it is to get a lawyer's email address. While my guess is that this is done as a spam prevention technique, it sends a clear "do not email us" message. This is bad idea for at least three reasons. 1. Your clients and people who might be looking for your email address to ask you if you were interested in a referral might not bother to track you down by other routes. 2. In every case where there was a method to shield email addresses in some way, I could find the email address through Google or another route. 3. These techniques offer no protection against spammers, but they do work to discourage people from sending you work. By the way, many bloggers also are guilty of this.

4. Forgetting the Non-Lawyers in the Firm. From legal administrators to IT directors to librarians and others, many firms have employees who appear in public through speaking, writing and other channels. As many people have noted, very few law firm websites contain any mention whatsoever of these people. That's unfortunate because someone may have met one of these people and then try to contact them as an entry point for a potential new client or referral.

5. A Relentlessly Internal Focus. Law firm websites generally are organized in ways that make sense only to insiders of the firm. This makes them expecially hard to use and navigate.

Oh, you wouldn't be surprised to find that I had a bunch of other observations as well, but these struck me as being both very basic and very fixable.

It's probably a good time to look at your law firm's website with fresh eyes.

Here are three suggestions:

1. Visit 5 or 6 of the websites (non-law) that you use on a regular basis (Amazon, et al). Then visit your law firm's website.

2. Visit 5 or 6 of your clients' websites. Then visit your website.

3. Visit a few of the websites of your law firm competitors. Then visit your website.

I think that you'll have plenty of notes by the end of that process.

Although many of the tools and feature of websites have changed in the last ten years, most of the core principles remain in place. First and foremost of the principles is to think like someone who is actually trying to use your website.

By the way, I did bail out on some websites before finding the contact information I wanted. I hope it wasn't your website, but can you be sure it wasn't?

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

Learn more about legal technology and law firm websites at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology law firm website usability

Posted by dmk at 12:20 PM | Comments (1)

A Just-In-Time Knowledge Base For Corporate Counsel For Innovative Companies

"A Just-In-Time Knowledge Base For Corporate Counsel For Innovative Companies" is a new article of mine that was just published in the Metropolitan Corporate Counsel magazine. I wrote this article on behalf of LawyerLinks and, as you will see from the article, I''m convinced that LawyerLinks is an attractive use of technology that lawyers will find exceptionally useful in the areas of corporate and securities law.

LawyerLinks is another example of a use of technology tool that helps a lawyer work the way that lawyers work rather than forcing a lawyer to work the way a technology tool works. Read the article and see what you think.

I've recently branched out into writing the occasional commissioned articles and white papers on topics, products and services that appeal to me. I'd be happy to discuss that further with you.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology LawyerLinks legal research corporate counsel

Posted by dmk at 11:57 AM | Comments (0)

March 10, 2006

Best Practices for Law Firm Technology Committees Videocast

I've served on technology committees for the law firms I've worked at and regularly talk to lawyers on technology committees. I've noticed that there is a lack of solid information targeted directly to tech committees and tech committee members. In fact, it would be impossible for me not to notice because my friends on tech committees regularly ask me about this.

So, I've decided to see if I can help provide some information for this audience that is solid, practical and based on my experience and what I've learned from others.

My friend Anthony Reading at Aspen Conferencing is helping me take the first step down this path by producing a free video webinar on March 21 that will showcase the very cool videoconferencing technologies at Aspen. The webinar is called "Best Practices for Law Firm Technology Committees: Making Good Decisions in a Time of Too Many Choices." Registration details are at http://www.aspenconferencing.com/invite.html#.

Here's the program description:

In this first of its kind video seminar called "Best Practices for Law Firm Technology Committees," legal technology expert Dennis Kennedy will cover what you and your law firm must know about setting up or fine-tuning a technology committee and help your firm deal with the technology issues of today and tomorrow.
Every law firm has at least an informal technology committee and all firms with ten or more lawyers either have or should have a formal technology committee. However, it is rare to find lawyers, IT directors or law firm managers who feel that their firm's technology committee functions at an optimal level.

As a member of a technology committee, you want to learn more about the issues your firm faces, understand the legal technology landscape and determine how to make good decisions and set priorities.

Management committees want to know how to select the right people for technology committees. Both lawyers and IT people want to learn how to communicate better.

In this sixty-minute session, Dennis Kennedy will take you from "Tech Committee 101" to the best practices he recommends for law firm tech committees today. He believes that law firms have reached a crossroads on technology and that it is vital for firms to make good choices about what directions to take. Most firms delegate those choices to a technology committee that has too little guidance and lacks the tools to make the best decisions. The best firms are always looking for better ways to move forward.

The seminar will cover:

Building a Solid Foundation

1. The technology committee horror story that you don't want to have to tell.

2. Technology committee basics - answers to the questions: who? how? and what to do?

Moving Forward with Style, Support and Success

3. Getting things done - focus, strategy and what really works.

4. Setting your agenda - point A, point B and getting from point A to point B.

Making Your Best Plan for 2006 and Beyond

5. Dennis Kennedy's Top Ten Tips for Technology Committees in 2006 (available only to attendees of this seminar).

6. A sampling of Dennis Kennedy's favorite action steps to help you get to a great start at your firm.

The approach of the seminar will be highly practical, with a focus on how you can improve what you are already doing and make good choices for the future built on what you are doing well now. The seminar will feature observations drawn from Kennedy's own experience on technology committees at mid-sized and large law firms and his familiarity with what is happening in the industry.

Seminar attendees will also receive handout materials that include a specially-selected set of Kennedy's articles and other writings on technology committees and legal technology decision-making and his Top Ten Tips for Technology Committees in 2006 (available only to attendees of this seminar).

If you are a member of a law firm technology committee or may be so in the near future, please join us for this informative, thought-provoking and action-oriented presentation.

There are a limited number of slots for the webinar, so I encourage you to register soon. It's free and you will get some great information not available elsewhere.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology technology committee webinar law firm videocast Aspen Conferencing

Posted by dmk at 11:02 AM | Comments (0)

March 07, 2006

Eighty Computer Security Tips (and an Alert for Mac Users)

Lots of discussion about Macintosh security lately because of this ZDnet article indicating that a Mac OS X system can be compromised in 30 minutes. The responses have, not unexpectedly, bordered on the religious, as you will see in this Slashdot discussion.

In fact, Apple recently released a patch to fix twenty security vulnerabilities after reports of worms and other security issues, only to be greeted by concerns about whether the patch fixed the problem.

Here's the important point to remember.

When it comes to computer security, the appropriate response is NEVER to say, "Oh, yeah, but Windows is much worse." You are on notice that there are security vulnerabilities - exploits are likely to follow. Get the patch and get it installed. Too many Mac users think that Macs are immune from security issues.

Running unpatched operating systems is one of the very worst moves you can make when it comes to security, even on a Mac.

Today, I found a great resource on the PC Magazine with 80 security tips all neatly collected for you.

Even better, you can attend the session on computer security that Dan Pinnington and I will be presenting at ABA TECHSHOW 2006 on April 20. Our focus will be on practical security tips and pointers with the needs of lawyers in mind.

This would also be a good day to check to see if you have installed all of the Windows critical updates.

UPDATE: PC Magazine has a new article on Mac security tips.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology computer security TECHSHOW Macintosh

Posted by dmk at 04:13 PM | Comments (0)

February 28, 2006

Legal Knowledge Management: "Why Can't it Work Like Google?"

KM guru Jack Vinson has posted two sets of excellent notes from the recent knowledge management conference put on by the Ark Group. I thoroughly recommend Jack's posts (and Ron Friedmann's thoughts from the same conference) to you.

I wanted to discuss one common comment that Jack highlighted. He wrote: "'Why can't it work like Google?' in response to focus groups. This is a familiar refrain everywhere."

There are a couple of areas of legal technology where I feel like a real contrarian. For example, I not only do not think that WordPerfect 5.1 for DOS was the pinnacle of word processing, but, coming from a Mac environment to WP 5.1, I never did like it. Them's fightin' words to some lawyers, but I believe that it's best for everyone to use the tools that work best for them.

Another area where I am a contrarian is that, unlike most lawyers today, I'm not a huge Google fan. There, I've said it.

Over the last weekend, I was using Google to try to find quickly some articles on the ways law firms are using outsourcing. To put it mildly, I did not have a lot of success.

Since I've been using search engines since almost before search engine existed, I'm usually reluctant to blame my research skills for the problem. In fact, I knew that Google would have problems finding what I wanted, as it did a while back when I was searching for information on of counsel agreements.

It was shortly after I had my Google troubles that I read Jack's post.

It's easy to get all wrapped up in Google and treat it as the only tool in your toolbox. However, there are other tools that make much more sense, at least to me, in the KM context. Lawyers should remember the maxim about every problem looking like a nail when the only tool that you have is a hammer.

There are concept search tools like those from Recommind, pattern search tools like those from DolphinSearch, and visual search tools like those from Attenex that, to me, are infinitely more interesting in the KM context than something that works like Google. In fact, I'm intrigued these days by what you might be able to accomplish by turning some of the state-of-the-art electronic discovery tools to KM work.

If you are in the "why can't it work like Google?" group, I invite you to extend your search to some of these other search tools and see if you might change your mind.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology knowledge management electronic discovery

Posted by dmk at 09:01 PM | Comments (1)

February 27, 2006

Second Thoughts For Law Firms with One-Person IT Departments

I'll occasionally tell the story of the day the one-person IT department at one of my old law firms quit, leaving us with a manila envelope with his pager, keys and a memo with a few key notes for us.

I've talked with quite a few lawyers over the years who work at a firm with either a one-person IT department or an IT department that they feel is woefully understaffed.

That's why Mike McBride's great post "Some thoughts about one-man shops" struck a chord with me today. Mike writes the Out of the Frying Pan, and into the Cube blog, and works at a mid-sized law firm. He formerly wrote the Life of a One-Man IT Department Blog, which I read for several years.

The money quote:

Despite my best efforts to work on preventing break downs, to proactively deal with training issues and database maintenance, and to try and suggest ways to improve the state of the technology (which were mostly ignored anyway), most of the people I worked with saw my role as little more than sitting around waiting for something to break. A view that was obviously shared by my supervisor and other senior management, given their refusal, six months later, to actually hire another IT person because "we really wouldn't have enough for them to do".
Which would be fine, had they not allowed me to simply walk out the door and take most of my knowledge with me. They've gotten away with that, because in the interest of parting on good terms and not wanting to leave the handful of very good friends I made while working there left hanging, I agreed to be "on-call" for them in case of emergencies or to do some things that they would have had trouble doing on their own, for 6 months or until they found a replacement. One week from today, the 6 months will be over.

A highly recommended read for anyone in a small or mid-sized law firm. Does your disaster recovery plan take into account the possibility of essential people not being available?

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

echnorati tag: legal technology

Posted by dmk at 08:13 PM | Comments (0)

February 22, 2006

Invitation to Participate in an Outsourcing Roundtable Article

They've turned over the editorial keys to the ABA's Law Practice Today webzine to me for April's issue. The theme is outsourcing - technology, people, off-shoring, homesourcing, and any other aspects we can cover.

One thing that I know I want to do is to create a big roundtable article in which a bunch of experts discuss various aspects of outsourcing, probably with a legal technology focus. The model is this roundtable article on electric discovery I put together in July 2004.

If you'd like to participate in this article, let me know. We'll use the Web 2.0 tool Writely to work on the roundtable article.

If you have an article or want to write an article on some aspect of outsourcing, let me know. Law Practice Today has a great audience for your articles.

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

Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.

Technorati tags: legal technology Law Practice Today outsourcing

Posted by dmk at 06:56 PM | Comments (0)

February 12, 2006

Would You Remind Us About the Details on the Email Management Teleseminar You Will Be Part of on Tuesday?

I've been looking over the script outline for the teleseminar on email management that I'll be one of the panelists for on Tuesday, Februrary 14, and it's going to be a good session for anyone who struggles with handling their email inbox. That probably is everyone who reads this post. Including me.

Here are the details:

Surviving the E-mail Avalanche - A 60-Minute TeleConference and Live Audio Webcast 0n Tuesday, February 14, 2005 at 1:00 PM - 2:00 PM Eastern (12:00 PM - 1:00 PM Central; 11:00 AM - 12:00 PM Mountain; 10:00 AM - 11:00 AM Pacific)

Registration information at http://www.abanet.org/cle/programs/l06sem1.html

Description - "Are you tired of reading the same e-mail multiple times? Afraid to delete e-mails because you may need them later? Unable to find past e-mails effectively because of the volume of e-mail in your inbox or because you already deleted what you needed? Concerned about e-mail management and the potential legal implications of what you do or fail to do? Our experts offer practical tips on how to manage the everyday e-mail pileup. In particular, this program will include recommendations on topics from organizing and reviewing e-mails to finding management technology to guard against the crushing volume of messages, including how all of these issues and solutions affect case management."

Presenters:
Ted Banks, Chief Counsel for Global Compliance, Kraft Foods, Northfield, IL
Todd H. Flaming, Partner, Schopf & Weiss LLP, Chicago, IL
Nancy Flynn, Executive Director, e-Policy Institute, Columbus, OH
Dennis Kennedy, DennisKennedy.com, St. Louis, MO

Note that ABA Members can register for this program and receive complimentary enrollment in the Section of Litigation—a $75 value!

The teleseminar is brought to you by The American Bar Association Section of Litigation and the ABA Center for Continuing Legal Education.

Learn more at http://www.abanet.org/cle/programs/l06sem1.html

Hope you can join us on Tuesday.

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

Technorati tags: legal technology email management

Posted by dmk at 07:33 PM | Comments (0)

February 07, 2006

Have You Found Any Good New Legal Technology Blogs Lately?

New is a relative term, but I will highlight five legal tech blogs that have either started or become much more active recently.

1. The I Heart Tech blog is Adriana Linares' blog. Adriana focuses her work on tech training and her blog is a great source of helpful tips and techniques on technology issues for legal professionals.

2. The Information Governance Engagement Area is Rob Robinson's blog. Rob focuses on electronic discovery, compliance, records management and information governance issues. He also did a great job of covering the recent LegalTech conference.

3. David Munn's Legaltech.com Blog covers a variety of legal tech issues from the viewpoint of corporate legal departments.

4. Rick Borstein of Adobe writes the Acrobat for Legal Professionals blog, which posts detailed information about specific Acrobat techniques and issues found by lawyers. It's a great complementary blog to the PDF for Lawyers blog.

5. The TechnoLawyer Blog is not quite as new, but is another good one for your list. I especially enjoyed Neil Squillante's recent post on his notes from LegalTech.

For a list of some of the long-lived legal tech blogs, see my Strongest Links column on legal tech blogs from the April 2004 issue of Law Practice Today. It's also worth noting that a brand new (and excellent) issue Law Practice Today has just been published. Check it out.

Speaking of long-time legal tech bloggers, Jeff "Law Tech Guru" Beard has a helpful post today for those trying to decide what to do when the other shoe finally drops in the Blackberry patent saga.

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

Technorati tag: legal technology

Posted by dmk at 04:23 PM | Comments (0)

February 03, 2006

Are You in a New Podcast and Will You Be Doing More Podcasts?

My latest podcast appearance was posted earlier this week. If you want to hear some more of my thoughts on the future of legal technology and where technology is taking the practice of law, I'm interviewed as part of a new podcast from Thomson West, which can be found here and is identified as "Episode 2." I had a great time talking with Leonard Lee, who did the interview, before, during and after the actual interview.

Tom Mighell and I have been discussing and starting to work on a podcast series that we hope to launch by the first of March. And, yes, we would be interested in talking about sponsorship options. Tom and I will be presenting a session on podcasting at ABA TECHSHOW 2006 in April.

Also, I've been talking with the very knowledgeable Anthony Reading of Aspen Conferencing about doing videocasts on legal technology topics with tech trainer extraordinaire, Adriana Linares, and perhaps other videocasts with others as well.

I've become intrigued lately by the development of Internet media tools and ways they can be used as information channels for materials that are better seen or heard than read.

I've done some earlier podcasts with Randy Holloway and Zane Safrit. I also have done a series of short webinars on electronic discovery as part of Merrill's On-demand Seminars and will have some audio seminars appearing soon on the DigiLearn Online site.

[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. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon - LexThink Lounge - April 19, 2006.

Posted by dmk at 06:01 PM | Comments (0)

January 26, 2006

Can You Tell Us More About the "Surviving the Email Avalanche" Webinar You're Speaking at on February 14?

Surviving the Email Avalanche is a "must-hear" teleconference and webinar presented by the Section of Litigation of the American Bar Association on February 14, 2006. The details are available at http://www.abanet.org/litigation/cle/02_14_06.html.

Todd Flaming, Ted Banks, Nancy Flynn and I will be your faculty presenters. To be honest, with this group even the preliminary brainstorming conference we had was highly educational - I learned quite a few new things.

Usability expert Jakob Nielsen wrote in 1999 that, when surveyed, everyone said that they were overwhelmed by the amount of email they received - whether it was 10 or 100 emails a day. Nielesen said, "No matter how much email you get, it is too much and too stressful - and you are behind in dealing with it." Isn't it quaint to think back to 1999 when 100 emails seemed like a lot?

In the session, we are going to take a highly practical approach and offer you ideas for dealing with your overflowing inbox at the personal, organizational and policy levels. You will get some great ideas and nothing will help you more with your personal productivity than getting your email under control.

So, get on over the registration site and see if you can attend. We'd definitely enjoy having you be part of the audience.

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

Posted by dmk at 04:31 PM | Comments (0)

January 25, 2006

Did You Write a New White Paper about Lawyers and Time-keeping?

Sharp eyes. Thanks for noticing. Yes, if you go to the AIRTIME-Manager website, you can get a free download of a white paper I wrote on the idea of "time capture" and ways time-keeping and time sheets can be handled in ways that work the ways lawyers work.

Interestingly, this was the first white paper I've done. I've recently had several companies approach me about whether I'd write white papers for them. I've really enjoyed my experience doing this and I definitely welcome inquiries about doing more of this type of writing.

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

Technorati tag: legal technology

Posted by dmk at 08:03 PM | Comments (0)

How is the Relationship between Lawyers and IT Departments Changing Because of Web 2.0 and Other Developments?

I've really been enjoying the SLAW blog lately and recommend that you check it out.

Here's a great example why. Patrick Cormier writes a post called "The Uneasy Lawyer and IT Dialogue" that gives us much to think about in the dynamic of the lawyer-IT relationship and how Web 2.0 (or Law 2.0) concepts affect that relationship. Highly recommended.

The money quote:

Web 2.0 matters for the legal profession, because it promotes an information environment in which lawyers can simplify access to material of precedential value. The difficulty consists in selecting and optimizing the right mix of these technologies; finding how to leverage them and especially how to carefully deploy them within an integrated information management (IM) framework.

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

Technorati tags: law2.0 web 2.0

Posted by dmk at 07:58 PM | Comments (0)

January 24, 2006

Can You Recommend a Good Introduction to Web 2.0 Tools for Lawyers?

Jim Calloway has a great new article called The "Next Generation" of the Internet? - Web 2.0, that gently introduces lawyers to the ideas and potential of Web 2.0 tools and concepts. Highly recommended.

Jim also recommends two introductory articles that I had a hand in - Does Web 2.0 Point Us Toward Law 2.0? and The Strongest Links: Web 2.0.

I learned that Jim is finally going to fulfill his longtime wish to attend LegalTech New York. I'm definitely looking forward to spending some time with Jim there.

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

Technorati tags: law2.0 legal technology

Posted by dmk at 08:55 PM | Comments (0)

January 23, 2006

What Are Some Good Ideas for Updating a Law Firm Website?

I just read some great ideas on updating law firm websites from Fred Faulkner, one of my favorite people to work with (especially after the two years or so we worked together on Law Practice Today). Fred knows his stuff - he's now the webmaster for the American Bar Association.

I recently got the chance to co-present with Fred (and Kevin O'Keefe - anyone else think that Kevin looks like Jack Bauer on 24 in his picture on his blog?) at BlawgThink, which was a lot of fun for me - and I learned a lot.

Fred has started a new column called "Faulkner's Practical Web Strategies for Attorneys" on LLRX.com.

This month's column is called "New Year's Resolution: Update Your Website." It takes you through some great ideas for updating your website in the easy, moderate and difficult categories. Read the article and pass along a copy to your web designer. Great job, Fred.

I'm the process of putting together a couple of simple flat-fee website and blog consulting packages that will focus on improving content and the overall success of law firm websites and blogs. Let me know if you might be interested in learning more about the packages.

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

Posted by dmk at 09:28 PM | Comments (0)

January 19, 2006

How Can I Learn More About Using Adobe Acrobat in the Legal Profession?

Rick Borstein at Adobe, who writes the very informative and useful Acrobat for Legal Professionals blog, let me know about the Adobe Acrobat Legal Forum - St. Louis hosted by ILTA and Adobe Systems on January 25.

The agenda includes:

Leverage Acrobat and PDF for eFiling, Archiving, eBriefs, Accessibility and Security. Create PDF Files from Office Applications such as Word, Excel, Powerpoint, and Internet Explorer. Assemble an eBrief in Acrobat including Citings and Hyperlinks. Convert Microsoft Outlook eMail Folders to PDF. Roundtrip Comments from Acrobat to MS Word. Discover New Acrobat and Adobe PDF Trends in Legal Services.

To get more information and register online, go to http://www.regonline.com/87961. Registered!

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

Posted by dmk at 09:28 PM | Comments (1)

January 18, 2006

Will I See You at Legal Tech NY?

Well, I certainly hope so.

Thanks to my friends at Caselogistix, who bringing me out to speak about trends and predictions in electronic discovery, I'll be attending the big Legal Tech NY legal technology conference/show in just over a week from now.

I'm so enthused about getting the chance to attend the show and see what's new in legal technology and meet tons of people I don't get to see often enough.

I'll be speaking on Tuesday, January 31 in the afternoon and would enjoy getting a nice audience for the session.

Otherwise, I'll be around the exhibit floor, probably walking around with Tom Mighell. You might hear Tom and I mention the new podcast series we are planning.

You are also likely to hear some more details about a new LexThink event that Matt has been hinting about.

Tom, Marty "The Trademark Blog" Schwimmer and I (all of us are at the Between Lawyers blog) are also looking to pull together a lightly-coordinated blogger meet-up while we are there. If you are interested in joining us, let us know (it's probably best, and safest, to let Tom know - he's the best organizer of this group - by far).

If you are a reader of my blog, then I'd love to meet you. We can try to set something up in advance, if you'd like, but I hate to get too much on the calendar. If you see me, even if I seem to be busy, please tap me on the shoulder and say hello.

[Originally posted on DennisKennedy.Blog (http://www.denniskenendy.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.

Technorati tags: legal technology electronic discovery

Posted by dmk at 07:55 PM | Comments (1)

January 11, 2006

What's New in the World of Wikis and Law?

I just read a fascinating post about Wiki-Law.org, a open approach to create a collection of legal resources, on the Virtual Handshake blog. In the post, David Teten interviews Dan Savitt, who is Pangea3's Vice President of Litigation & Research, about Wiki-Law.org.

The interview is wide-ranging and it turns into a great discussion of a variety of new tools, services, projects and companies that are taking some innovative approaches to the delivery of legal services, and gives a real-world, realistic assessment of the pros and cons of a "wiki law" approach.

The interview is a great addition to the discussion of what is beginning to be called Law 2.0. Highly recommended.

The money quote:

Where I do see a tremendous opportunity is for attorneys to take advantage of the resource. I know that there are already dozens of web-based communities where practitioners of similar ilk compare notes and exchange ideas. In other words, the value I see in the site is as a legal resource, whose value will rise or fall depending on the reliability of the contributors, their content, and the strength of the site's editorial guidelines. It may even work itself into legal opinions once it gains acceptance. I could see wiki-law as the ultimate living legal constitution that aggregates legal discussion, commentary and knowledge.

Technorati tag: law2.0

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

Posted by dmk at 08:57 PM | Comments (0)

January 10, 2006

What New Gadget Would You Most Like to Get?

Generally, I usually see what Jeff Beard recommends as cool when it comes to gadgets.

Most gadgets these days seem to be phones and, as my friends know, phones and I don't mix well.

However, I found a really cool gadget that I want (and I do have both my birthday and my blog birthday coming up soon if you are looking for gift ideas) on one of my favorite blogs - Cool Tools.

It's the Chef'n Switchit Dual-Ended Long Spatula - read Wendy Ju's post on Cool Tools and you'll see why it's made the top of my list - it's a cool tool.

[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 09:08 PM | Comments (1)

January 09, 2006

Why Might it Be a Good Idea to Use Tags on a Blog?

I've recently been experimenting with Technorati tags on some of my blog posts and Del.icio.us tags for some of my bookmarks.

Marshall Kirpatrick has an excellent explanation (or, more accurately, 13 reasons) why you might want to use tags.

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

Posted by dmk at 10:27 PM | Comments (0)

January 07, 2006

What's the Best Recent Development in Law Blogging?

I'm so pleased to see that legal Internet pioneer and guru Jerry Lawson has returned to active blogging at Netlawblog. I've learned countless things from Jerry over the years, he is certainly one of my favorite writing partners, and we all benefit from his wise insights. It's good to have you back on a regular basis, Jerry.

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

Posted by dmk at 02:09 PM | Comments (0)

January 04, 2006

What Will You Learn About Improving Your Law Practice in 2006 in January's Issue of Law Practice Today?

The new issue of the ABA's webzine Law Practice Today is now online (Disclosure: I am an editor and member of the webzine's board, so I may be proudly enthusiastic about this issue.)

This issue's theme looks toward the near future and what lawyers can do to enhance their practices in 2006. You'll find stories about coaching, goals, networking and many other useful topics.

I have a part in two articles. The first is called "Does Web 2.0 Point Us Toward Law 2.0?," which is an informal roundtable discussion on Web 2.0 concepts that was accomplished in a short time by using a Web 2.0 collaboration tool called Writely. As John Tredennick says, "In the Web 2.0 world, the Internet becomes a platform for connecting people in social networks. And, about empowering them with software to work together in ways never contemplated by traditional organizational manuals."

In a second article, Tom Mighell and I also used Writely to write our monthly column, The Strongest Links: Web 2.0. The column turned out to be a comprehensive set of links to resources, articles and tools to help you explore and experiment with Web 2.0 tools and concepts.

Highly recommended.

Technorati tags: law2.0 legal technology

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

Posted by dmk at 06:44 PM | Comments (0)

January 02, 2006

Should You Make Your Name and Contact Information Easily Findable on Your Blog?

Believe it or not, I get teased a lot about the name of my blog.

However, I've regularly found myself in situations where people will be talking to me and I'll introduce them to another blogger. I'll notice that they ignore the other blogger until I say that, for example, Matt writes the Nonbillable Hour blog and then they fall all over themselves saying what huge fans they are of Matt's blog, but they didn't associate the name with the blog.

However, the name of your blog is not the issue I want to talk about. The bigger issue is how many bloggers, including those who seem to have blogs designed to market their businesses, make it so difficult or even impossible to find the name of the blogger or any way to contact the blogger.

James Robertson at the Column Two blog has a great post called Your Blog, Your Name that spells out some of the best reasons for making this information readily available.

I can't even count the number of times last year I wanted to send a blogger an email about how much I liked what he or she wrote, only to find no way to get in touch.

I also like to give the name of the person who writes a post when I link to a post. There have been many times when it took me more time to find a blogger's name than it did to write my post that linked to them. In several cases, I ended up not writing a post because I could not find out who wrote it.

My running joke is that legal blogs cannot be marketing tools because so many legal blogs make it so hard to contact the bloggers. The hardest job we had in organizing BlawgThink was finding the names and email addresses of legal bloggers. You'd be surprised at how difficult that is.

I'm not sure why bloggers hide this information. I'd rather risk a few extra spam messages than discourage someone who likes what I've written from telling me about that or starting a conversation with me. What if an editor wants to reprint your post as an article or a journalist wants to interview you for a story?

In my case, I'll deal with the occasional ribbing or charge of egomania because I have a definite purpose to making my name clear on my posts and my contact info available. By the way, once you consistently find your posts appearing without your permission on splogs, you'll be much more understanding of the reason my blog name and URL appears on each of my posts these days.

Think about it this way - if people like what you write on your blog, do they want to meet and talk to your blog . . . or to you?

By the way, I easily passed James Roberton's 60-second test that you will want to take - but you probably already guessed that.

[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 06:22 PM | Comments (4)

What is Contract Life Cycle Management and How Does it Fit into Legal Technology and Law 2.0 in 2006?

Michael Kraft and Robert Enholm, in their excellent "GC Tech Wish List for 2006," talk about contract life cycle management (CLCM) in terms of "applying technology to the contract process from letter of intent through negotiation and execution to performance, amendment and contract renewal." They also say, "The emergence of enterprise resource planning software over the past decade has helped businesses with "workflow" processes, and GCs are exploring how to apply these principles to the activities of corporate law departments." And CLCM is one good example.

In short, CLCM is about finding ways to look at the contracting process as a business workflow process that can be tuned in ways that benefit businesses rather than as a series of independent, unrelated legal projects.

It's a difference that, as they say, makes all the difference.

I've been thinking, off and on, about CLCM over the past few years, including most recently in some discussions I had involving a large company that wanted to get some control over a very ad hoc approach they had to generating first drafts of standard documents. The business case for CLCM is pretty easy to make.

When I think about contracts (or other legal documents) as part of a process, I invariably think about the potential role of document assembly.

I'm not surprised that Kraft and Enholm move in the same direction in their article. They say, "'document assembly software' is coming to be seen as merely one link in the chain of the contract management process. GCs must be alert to opportunities to use this technology to expedite contract management process."

The "one link in the chain" is the important part of this quote. Too many people I talk to see the goal of document assembly as being to generate finished documents with a "push of the button." That's not it at all. My goal is always to generate significant improvements in generating first drafts - versions of documents that are in "good enough" form that you can start immediately to do custom work and tailoring. People who look for the 100% solution from document assembly are inevitably disappointed and forego the benefits that 80%, 60% or even 20% solutions can bring them.

In a way, they remind me of people who see the benefit of electronic discovery only as a way of finding "the smoking gun." Long-time users of electronic discovery rarely talk about "smoking guns." Instead, they talk about the benefits of productivity, efficiency, organization, streamlining, telling a better story and focusing on the key issues. In other words, there are substantial benefits that flow from improved processes and procedures.

Document assembly brings with it a set of similar benefits beyond the "push button drafts" that most people concentrate on. They are similar to those you find in electronic discovery. Kraft and Enholm mention these other benefits: "GCs that effectively adopt these tools can conserve legal resources and time -- and contribute to the competitiveness of the company."

I've seen the benefits of document assembly coming in not just efficiency, but standardization, quality control, consistency, training, and effective use of learning from previous deals and documents. In fact, I've sometime described document assembly software as a tool for applied knowledge management. As you think in terms of CLCM, you will start to see the role that document assembly might play in the process.

Kraft and Enholm go on to say, "'Contract process software' is perhaps an apt label for the products that bridge document assembly and contract management."

In 2005, Cisco's NDA Central project (demo and white paper accessible from DealBuilder here (free registration required) has deservedly garnered a lot of attention. NDA Central took an undisciplined method of handling simple legal projects and used document assembly as a tool not just to create legal documents, but to manage and improve a business process with positive business results to the company and improved workflow and higher-value work for the legal department and outside counsel.

Again, Kraft and Enholm, "GCs want help from outside counsel to establish processes and protocols, help draft underlying documents and maintain the systems in our ever-changing legal environment." Here's the key to CLCM and the new approaches to using technology in the practice of law starting to be known as Law 2.0 - there are clear benefits to both clients and lawyers. Often, it allows the lawyer to do higher-level work, often the type that the client really wishes the lawyer had more time to do.

Kraft and Enholm provide an excellent, brief introduction to an area that could become as significant to transactional corporate lawyers as electronic discovery is to litigation lawyers. The rest of their article is well worth your while to read as well.

What do I think of the interplay of CLCM and document assembly and the potential that it has? Let's put it this way, if I spent the whole of 2006 working only on these types of projects, 2006 would be a great year indeed. This is one topic you'll being hearing more about from me in 2006.

Technorati tags: law2.0 4g legal technology legal technology document assembly contract life cycle management general counsel technology law contract process software

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

Posted by dmk at 01:51 PM | Comments (0)

December 21, 2005

A Phishing Primer from Dave Pollard

You can never learn too much about the real dangers of the Internet. I mean, of course, things other than reading too many blogs or too few blogs.

Dave Pollard has posted an excellent primer called "The Phishing Menace" on one of those dangers - phishing. Phishing uses a combination of technology and social engineering to try to get you to give up personal and financial information that can and will be used in ways that you will not like. Pollard's post will educate you on the basic safety principles and point you to some useful resources.

The money quote:

Phishing, by contrast, is not annoying, it's dangerous. It's not overzealous promotion, it's crime: fraud and theft. It is also, currently, harder to filter, and becoming more sophisticated.

Highly recommended.

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

Posted by dmk at 11:11 PM | Comments (1)

December 19, 2005

My 2006 Legal Technology Predictions Article Published on LLRX.com

In what's become a tradition with me, I've written my annual legal technology predictions article. This year, the article is titled "Dennis Kennedy's Legal Technology Predictions for 2006: Small Steps for Most Firms, Giant Leaps for a Few Firms" and it was published today as part of another excellent issue of LLRX.com.

For a number of reasons, I think that this will be a wait-and-see year for many law firms, and that approach will not be unreasonable. At the same time, there are many opportunities for innovative firms to separate themselves from the pack, especially if they discuss these opportunities with their clients. For the details, I encourage you to read the article.

As I've mentioned on many occasions, LLRX.com is an excellent resource that everyone should know about and it's my favorite place to publish my new articles (that is, the ones I don't write on commission). I recommend that you add LLRX.com to your favorites and/or subscribe to its RSS feed.

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

legal technology

Posted by dmk at 08:31 PM | Comments (0)

Outside Counsel / Inside Counsel Partnering Through Technology - Article

[NOTE: This is another in the series of repostings of my previously-published articles. This article was written in 2002 in connection with a presentation I did on "client-driven technologies." I became quite intrigued with the DuPont Legal Model and other efforts that I thought would change the nature of the practice of law. This article was written from the perspective of law firms. Today, I'd be more likely to take the point of view of the corporate legal department. Most of the same principles still apply today, although perhaps with a bit more urgency.]

Outside Counsel / Inside Counsel Partnering Through Technology Toward the Virtual Law Firm

Fifty-five percent of corporate legal departments considered firing one or more law firms in 2002, down slightly from 62% in 2001. The leading reason, by a significant margin, was "lack of responsiveness." Add Enron, pressures to cut legal costs on the part of clients, increased rates and demand for billable hours on the part of law firms, and increasing movement of lawyers and law firm mergers to this mix and you get a volatile situation.

Both law firms and corporate legal departments desire stable relationships where work can be done at a high level, responsively and in a way where law firms can be profitable while a corporate legal department can control costs.

There have been a number of significant efforts at "partnering" between corporate legal departments and their core law firms to create these types of stable relationships. The classic example is the famous "DuPont Legal Model" developed by DuPont and its outside law firms beginning in 1992. The DuPont Legal Model grew out DuPont's attempt to reduce the number of law firms it used (then over 300) to manageable number (currently 35) and, in the process, take advantage of a variety of techniques to improve the delivery of legal services.

The core elements of the DuPont Legal Model are (1) a business focus on DuPont's legal issues, (2) an ongoing work process reengineering, (3) a commitment to cutting-edge technology, and (4) a shared culture of efficiency and cost control.

All lawyers who have corporate clients would be well advised to meditate upon these four elements.

Among other things, the DuPont Legal Model has resulted in the creation of the DuPont Primary Law Firm Network, an early form of a "virtual law firm," a collaborative team of law firms and service providers who are willing to and do work together. DuPont believes that the next step beyond simple "partnering" is the collaborative work team and that turning partnering relationships into collaborative work teams offer great value.

Consider this description of a "virtual law firm" (http://www.dupontlegalmodel.com/files/onlinelibrary_detail.aspibid=14) [Note: link no longer works – unable to find new link to white paper):

The virtual law firm connects lawyers electronically and culturally. Through the use of applied technology, such as extranets, integrated case management software, computerized databases, electronic invoicing software, document imaging, cell phones, personal digital assistants, and trial presentation software, team members in different geographical locations can perform legal work efficiently and cost-effectively in a shared environment. But this technology still depends on the human element and on the willingness of committed participants to implement and use it constructively in furtherance of an articulated vision and clear goals. In a virtual law firm, participants must share a common culture.

This description raises many issues and is an excellent basis for your discussion of this topic. I also want to emphasize this comment from DuPont's white paper:

"Without the benefit of sophisticated technology, neither the concept of the virtual law firm nor the DuPont Legal Model could exist."

This article will focus on the technology side of moving to partnering then to collaboration and to virtual law firms and perhaps beyond. There are also very difficult issues raised by taking these steps, competitively, economically, culturally and otherwise that also deserve very serious deliberation. I want to sketch out some key questions for you, some areas worth exploring more and some practical tips for getting started or moving forward.

1. Ask Your Clients. A recent survey indicated that over 90% of corporate general counsel would respond to surveys from their law firms. A tiny fraction of law firms use client surveys. Are there clients with whom you can extend existing relationships by means of technology or current technology cooperation into greater partnerships? Are they aware of initiatives like the DuPont Legal Model? Might they be considering such initiatives without including you in the discussion?

2. Listen to Your Clients. I have heard many stories of companies all but begging their law firms to cooperate on technology. Note that the number one reason law firms get fired is lack of responsiveness. If you survey clients, you must follow up. Find out where they want to go, what their priorities are and what they want to accomplish with their legal services. Of course, you will want to get a clear idea of where you fit into that picture. A very important lesson from the DuPont Legal Model is that clients are not necessarily adversarial with their law firms. Cost cutting may not be the primary concern and companies are willing to explore creative fee arrangements that may be more lucrative for law firms while maintaining a more stable relationship. Don't assume; ask.

3. Learn The Playing Field. 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. In addition, 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. 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 Ways to Cut Costs and Improve Profits. How much good will it do you to have your client telling peers and colleagues that his or her lawyer actually came to him or her with a way to cut legal costs? Likely areas of potential include identification of lower level work that can be commoditized or value billed, improved communications, hosting databases or eliminating the need for duplicate systems. Consider the issue of electronic billing. Corporate clients are bemused by law firms' reluctance to move to electronic billing. They see electronic billing as a way to streamline procedures and cut their own costs while at the same time improving the cash flow of their law firms by speeding up the payment cycle. Isn't this win-win? It is certainly worth taking the time to consider fully.

5. Get IS Departments Talking. Exchanging ideas and creating good relationships between your high-level IS people and the comparable client IS people will ultimately be a key to any successful efforts in this area. Do they know each other now? Do they meet with each other? Can you facilitate that in constructive ways? This effort will help resolve existing problems, result in shared knowledge and set the stage for more extensive efforts.

6. The Extranet Family. A key concept in collaboration has been the use of private, shared web sites commonly known as extranets. Extranets can take many forms – information portals, access to files and communication, case monitoring, document libraries and virtual deal rooms. It is important to realize that clients do not need the same features or even a full-blown extranet. A virtual deal room that simply gives access to documents in a case or transaction may be a perfect introduction to the use of technology for both a firm and a client. The time and cost savings of not Fedexing documents can be a measurable means of showing return on investment. Another idea gaining some momentum is the "project portal," an extranet dedicated to the work and resources in connection with a particular project.

7. Apply the 80/20 Rule. The 80/20 rule definitely applies in this area. The idea is that, as a general matter, 20% of your efforts will get you 80% of your results. You want to identify and act on that 20%. 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 (improving communications to avoid "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. Obviously, these kinds of initiatives cannot be done on a "back of the envelope" basis. Written plans are appropriate. In this case, educating your client is a form of marketing. Implementing the systems may an element of firm survival with a client in addition to solid marketing. The more you show your knowledge of the options, your familiarity with what others have done and the benefits for your client in the form of a well-conceived plan, the better shape you will be in. Part of any plan should be a method of measuring results.

9. Make it Reusable - Think Different. Some of the initiatives you take can be reused. Some aspects might even be licensed as moneymakers for your firm or even sold as products, either by your firm or jointly with a client. Be alert to intellectual property issues and opportunities, as well as reusable methods to implement similar projects for other clients. Databases of knowledge and expertise may also serve you well in the event of departures from your firm.

10. Make it Sticky. Stickiness is a term that is sometimes used in connection with web sites. It refers to a site's ability to keep a visitor on the site for a significant time and to visit multiple pages. By using technology to address key concerns for clients and to make it easy for them to work with you, you can also create a "stickiness" in working with your firms and your systems. As a result, you increase the costs and effort for a firm that wishes to take a client form you.

Conclusion. The DuPont Legal Model began in 1992. More than 10 years later, DuPont and its primary law firms are still working out the model for a virtual law firm. It is not realistic for you to expect that you can jump immediately into a virtual law firm model. For one thing, the cultural and economic issues alone are too complex. But you can definitely take advantage of opportunities to collaborate with clients to put down the technological underpinnings that can lead to such a model and, in the interim, provide significant benefits for both law firms and clients, including, in some cases, allowing your firm to survive and do work for its biggest clients. If you do not address these issues, your clients may dictate the answers for you, and, lately, that may mean that they think about firing you.

Ten Practical Tips for Technology Partnering Initiatives.

1. Educate yourself. My web page at http://www.denniskennedy.com/resources/legal-tech-central/clientdriven.asp 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. Thoroughly understand the DuPont Legal Model. Your clients may approach you about the DuPont Legal Model before you approach them. They are reading about it and hearing about it in seminars. A great resource is http://www.dupontlegalmodel.com.

3. Send a survey. Statistics indicate that the vast majority of clients are willing to respond.

4. Listen to what your clients are already saying to you about technology. Lack of responsiveness is the major reason law firms get fired.

5. Give your clients new ideas to think about. Clients cannot know everything that is available. Give them some great suggestions. Clients appreciate creative solutions. Be the first to mention the ideas.

6. 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.

7. 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.

8. 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. Controlling client costs is different from cutting your fees and profits.

9. Use technology initiatives in a way 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/)]

Client-driven technology

Posted by dmk at 08:14 PM | Comments (0)

December 08, 2005

Useful Technologies We Don't Use

A great conversation-starting article from Dave Pollard, one of my favorite bloggers, lists four "Useful Technologies That Are Too Complicated or Geeky to Use."

As a preview, they are:

1. Videoconferencing (although I've recently seen a videoconferencing demo that really impressed me).

2. Voice recognition (it's getting better, but it fits the description).

3. 3D Display Video Eyewear (I'd like to see this one actually work well).

4. Music and Video Composers (It'd be great if these got easier to use).

Given my bad luck with cell phones, I'd be tempted to put them on my list.

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

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

December 06, 2005

A Great Set of Microsoft Office Tips

Ed Mendelson's article "Office Problems, Solved" in PC Magazine is one of the best articles I've seen on truly useful tips for Microsoft Office programs.

From how to back up your options to how to use macros to getting rid of line breaks in pasted text, there's great stuff here.

My favorite one is how to create a Work menu for frequently used documents.

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

Posted by dmk at 12:02 PM | Comments (0)

December 05, 2005

December Issue of Law Practice Today Published Today

The new issue of the ABA Law Practice Management Section's webzine, Law Practice Today was published today. I'm an editor and on the board, so, in my potentially somewhat biased view, I think it's great and encourage you to check it out.

The feature article is a roundtable article called "Looking Back and Looking Forward," which got together most of the LPT editors and a few guests to talk about what technologies we actually used and liked in the last year. It's a fun and informative article. We all like the roundtable article format.

The article was written in part as an experiment in using the Web 2.0 collaboration tool, Writely (www.writely.com). To say that we liked our experiment with Writely is quite an understatement. It seems perfectly suited for use in creating this type of article. We're already planning to use it for regular roundtable articles in the future, including an article on Web 2.0 apps for the next issue.

The issue has the usual assortment of good articles. Let me highlight first Fred Faulkner's article where he revisits three predictions about legal technology he made at the beginning of the year. I have to remind Fred that it's best to write those predictions articles and either not revisit them or only revisit the ones that were on target. I learned that from the newspaper psychics. I think Fred did better than he gives himself credit for and I'm in 100% agreement with his quick predictions for 2006.

The second article I'll highlight is Patrick McKenna's excellent "Bringing Outside Voices In: The Logic For Having An Advisory Board," which I highly recommend. I must admit, however, that it did leave me thinking about whether I could come up with a way to get Patrick on my advisory board. As an aside, one of the interesting things I've noticed happening in blogging this past year is that a good number of bloggers have become informal advisory and sounding boards for each other in an organic and collaborative way.

Finally, Tom Mighell and I wrote the Strongest Links column on the topic of legal ethics resources. We didn't use Writely, though. We used an old-style technique - we used a "best of" the column approach (which was a working theme for this issue) and Tom took his excellent article on legal ethics resources from April and we updated it with some new resources and updates.

I mention the way Tom and I wrote this column because I noticed recently that some people apparently do not realize that I have been writing this column with Tom for the past year in preparation for me transitioning it over to him. Truth be told, he does most of the work on the columns (and all of the best work - I primarily handle the mistakes and typos), although they are true collaborations. Tom is enormously talented and I hate to see his efforts slighted because people make the assumption that I am the lead writer of the column. For example, the instant messaging column we did, which I think is our best, was Tom's idea. He deserves far more credit on these columns than I've seen him given lately - as they say, be careful when you assume.

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

Posted by dmk at 05:01 PM | Comments (0)

Do-It-Yourself Knowledge Management Practical Personal KM - Article

[NOTE: This is another in the series of repostings of my previously-published articles. I ran across this article today. It's from 2003, and it distilled a lot of my thoughts on "personal knowledge management" (PKM) in the legal profession. I remember that it was one of my better-received articles. I really enjoy writing about knowledge management and don't get as many chances as I'd like to wribte about KM and PKM. My latest approach to PKM is that I have created a folder called Research and I save PDFs and other documents into that folder and use Copernic Desktop Search as a way to find information when I need it. In a sense, I'm creating my own little "information cloud" of locally-available information that I've already identified as potentially useful. I also still use a good number of the techniques mentioned in this article. As I mention at the note at the end of the article, I was a little pessimistic about KM when I wrote the article. I'm now quite bullish on today's KM tools and techniques. I've added a few notes in the article to update certain sections.]

Do-It-Yourself Knowledge Management: Practical Personal KM

Recent experiments implanting memory chips directly into brain tissue notwithstanding, the holy grail of integrating computer technology into the practice of law remains a distant hope. Lately, we have heard much about "knowledge management" as the new tool to "leverage" lawyer knowledge, experience and expertise and more efficiently use what we know.

There is much hype about knowledge management, or "KM" as the cognoscenti call it. KM is a nebulous, seemingly ever-changing concept that varies as each new vendor enters the field. For the average lawyer who needs a time management tool just to schedule some time to learn the differences among case management, document management, litigation management, customer relations management and practice management, the introduction of KM into the mix may be the "management" straw that breaks the camel's back.

KM software "solutions" are generally expensive and directed to big firms. They can do amazing things, but too often are not implemented in effective ways. However, the promise of KM appeals and applies to all lawyers, even if million dollar KM solutions do not.

This article takes a different approach to KM. I call it "do-it-yourself KM." I believe that individual lawyers and small firms can use existing tools, obtain inexpensive tools we don't already have and employ unused features of those programs to create simple, practical and useful personal knowledge management tools that help them not at the theoretical level, but where the rubber hits the road.

I will take a look at a number of software programs you probably already own and suggest simple ways to turn them into tools and resources that simply and quickly achieve some of the basic goals of knowledge management, such as easy retrieval of reusable knowledge materials. Try a few of these approaches and you will begin to understand the practical value of KM and use KM more effectively than the big firms with high-end but underutilized KM software.

1. Email Programs.

Collecting and retrieving relevant information easily is a key element of KM. Today, we receive much useful information through email. Email newsletters, messages from discussion lists and emails from clients and colleagues contain valuable "knowledge" that might be reusable. Emails contain references to cases or articles, instructions, recommended professionals, tips and other valuable material.

While there are many good reasons to improve your management of email, KM may provide the best incentive. I suggest the simplest of approaches: start to use folders for email. Using the "New" option under the "File" menu, you can create new folders and subfolders in your inbox. You can then copy messages you later might need into one or more of those folders. When you later are trying to remember something you saw earlier, simply use the "find" function to search the folder and you have a solid "knowledge retrieval" system. [Note: If you use Outlook, the free Lookout plug-in from Microsoft will change your entire outlook on Outlook. It is an astonishingly fast search engine that typically returns results in under a second.]

For example, for several years, I have routinely placed all of my email newsletters into a "Newsletters" folder. When I run into an issue that I think I might have seen something about recently, I run a search in that folder and generally can find the reference I need. I usually delete newsletters after they get to be six months old to keep the folder manageable.

Similarly, you might create separate folders for discussion list messages, messages from colleagues and the like. I suggest resisting the urge to set up too many folders so you don't have to figure out which folder you might have put the information into. In fact, you might just set up one folder, call it "KM" and copy any message that contains useful info into that folder for later searching. Don't forget that you can use email "rules" to automatically move or copy messages to particular folders and that can make this process even easier.

Because Outlook and other email programs do not have the greatest search tools, looking at inexpensive search tools such as Enfish (www.enfish.com) or making use of email search tools in a document manager such as Worldox (www.worldox.com) might improve this approach for you. [Note: In addition to Lookout, I also use the Copernic Desktop Search tool. Another interesting option is to use Adobe Acrobat 7's ability to create PDF files from your Outlook folders and then use Acrobat's cataloguing and indexing tools. You can also use your RSS news aggregator as another ad hoc KM repository.]

2. Word Processing.

You can find a number of tools in your word processing program that can be used for knowledge management. Sophisticated users can take advantage of autocomplete features, smart tags and wizards to create reusable material that can be invoked and reused with little or no effort. I recommend that you take a look into some of those and consider training for those features.

However, let's keep it really simple. The simplest form of KM is creating forms. When you finish a document, consider whether it might serve you later as a form. If so, replace the names with blanks, add a few notes (such as, in a lease, is it pro-lessor or pro-lessee?) and save it as a new document. Keep all your forms in one folder so you can find them easily. Merely adding the notes and a descriptive name ("Pro-lessor triple net lease form") is an enormous advantage over the common approach of trying to remember the last lease that you did.

Another simple and powerful approach is to harvest new clauses or legal arguments on a regular basis. Create a "clauses" or "legal analysis" document and, on a regular basis, copy new contract clauses you create or use, variations of clauses, arguments from briefs on standard issues and similar material into this document. Add a few notes about each and you have a stored repository of valuable work, plus the "knowledge" you associate with it by adding notes on use.

3. Document Management.

Many lawyers and firms have a document management tool, such as Worldox (www.worldox.com). These powerful tools help you identify, locate and retrieve your documents. You can do full-text searches, key word searches and associate documents with each other. In most cases, lawyers do not take full advantage of these tools.

However, with a minimal amount of effort, you can greatly enhance the KM value of these tools. In document management programs, you create a "profile" of each new document, which typically includes client and matter numbers, author name, title, etc. Lawyers hate to be bothered with filling in these profiles. As a result, it can become very difficult to find documents and the software is not as useful as it could be.

There are four simple steps to take to enhance the KM potential of your document management software. First, spend a few extra seconds filling out as much of the profile as you can. Second, when you are finished with a document, dictate some key words for your secretary to add to the profile. Third, clearly label forms and make sure that forms are kept in one place where they are easy to find. Fourth, choose title names and key words with the idea that you will want to find and reuse the documents later.

4. Contacts.

It's not what you know but whom you know. Outlook, other contact managers and practice management programs will keep track of your contacts for you.

Too many attorneys, however, enter only the basic address, phone number and email information. Each of these tools provides places to enter additional data, to group contacts by categories and to retain important information about your contacts, from names of secretaries, birthdays, where you met and much, much more. A minimal amount of effort to add this information to a contact listing can pay off big later.

Also, most of these tools let you process the information you collect. Do you know which of your contacts provided you with the most referrals last year? Would you like to know that the next time you have an extra hockey ticket and see a note that the contact is a hockey fan? [Lookout, Copernic Desktop Search and other desktop search tools make searching contact information easier and faster today. If you upload your contacts to LinkedIn and use its "grab" tool, you can harvest contact information from emails automatically and even use the LinkedIn network with ease.]

5. Internet Bookmarks.

You can find a lot of great information on the Internet, but it's not so easy to find it again when you want it. Traditionally, browser programs have allowed you to collect links to web sites either as bookmarks (in the Mozilla family of browsers (FireFox or Netscape)) or as favorites (in Microsoft's Internet Explorer).

Your list of bookmarks or favorites can quickly get overwhelming and unwieldy. The good news is that the browsers contain organization and management tools. These tools (e.g., those found on the drop-down "favorites" menu in Internet Explorer) allow you to create folders, move and organize your bookmarks and favorites. Using convenient folders and cleaning up your list of favorites can make them substantially more useful and aid you in retrieving information that you have already found once.

There are also third party bookmark managers (e.g., PowerMarks, www.powermarks.com) and online bookmark repositories which allow you to access the same set of bookmarks no matter where you are. [Note: There is still no "great" bookmark management tool. I like the Omea Reader from JetBrains and also use Copernic Desktop Search to index and search bookmarks.]

There are also great tools like Copernic Agent (www.copernic.com) that allow you to search multiple search engines and once and to save and reuse the search requests. These tools are another set of simple and inexpensive tools that provide excellent KM results.

6. Practice Management Software.

According to a recent ABA survey, the number of lawyers reporting that they use case or practice management tools (for example, Time Matters (www.timematters.com) and Amicus Attorney (www.amicus.ca)) has doubled in the past year. [Note: Most recently, I've heard that these programs have a market penetration of about 20% in the legal industry.] These programs have definite KM implications because they offer ways to collect, retrieve and, most important, share knowledge and expertise.

The key to using these tools for KM is to start to think about ways to use them other than just for standard office and case management. Here are just a few examples in Time Matters: stored Lexis search capability, full-text search tools, and the ability to create "non-client" cases and matters for stored research, training tools, forms and instructions. Thinking about these kinds of uses will help you realize the potential of these programs as a great platform to implement simple and beneficial KM initiatives.

7. Document Assembly.

A significant number of lawyers are using document assembly programs (such as HotDocs (www.hotdocs.com) and GhostFill (www.ghostfill.com)) to automate the drafting of documents. These programs allow the user to answer a set of questions and automatically generate a good first draft of a document based upon those answers.

With only a little extra effort, these tools can have KM implications. Implementing a routine effort to add new clauses to the document assembly system will help you consistently use your latest and best approach and save you from reinventing the wheel. More importantly, building some explanations into the system will help with training, minimize mistakes and improve quality.

For example, if the user of your document assembly system reached a question that gave a number of choices, you might explain in what circumstances a choice was or was not appropriate. In addition, by using the answer to a question to generate all related clauses, you could eliminate situations where a user answered questions in a way that produced inconsistent results. All of this leverages the knowledge and expertise that you have gained in your practice and turns it into practical results – the primary goal of all KM. [NOTE: I am the eternal optimist when it comes to document assembly. I created some document assembly applications for my law firm more than fifteen years ago. The adoption in the legal industry has proceeded quite a bit more slowly than I expected, to put it mildly. In 2005, we saw the arrival of some new tools and approaches that make document assembly an area to watch in 2006. People still underestimate the value of simple document assembly apps.]

8. Networking.

Even the best KM effort has limited impact if you implement it only for yourself, while even the simplest KM effort can have results multiplied many times over if your whole office shares it. In each case where you consider a KM effort, look for ways that you can use your computer network. Because case management tools are usually network applications, they make an excellent platform for simple do-it-yourself KM efforts.

As many lawyers have also discovered, there is KM power in other networks. The ABA Solosez list and state bar email discussion lists are often cited as invaluable resources for solo and small firm attorneys to get advice, recommendations and help over the Internet. [NOTE: The network of bloggers is an amazingly valuable network for me these days.]

9. CaseMap.

CaseMap (www.casesoft.com) is a litigation knowledge management tool that costs under $500. CaseMap allows you to work with the facts and issues of your case in powerful ways to formulate strategy, assess the strengths and weaknesses of your case and organize and present your case in the most persuasive manner. It also unlocks all the information in your case that is typically hidden in legal pads, banker's boxes and attorney's heads.

For example, in CaseMap, you and your colleagues can assess each fact in your case for its relative strength or weakness and determine whether it is favorable or unfavorable. Facts can also be associated with specific issues. In how many cases would it be helpful to you to have a list of all strongly favorable, undisputed facts on the causation issue, with the names of the relevant witnesses and researched associated with each fact?

CaseMap is an inexpensive and powerful KM tool that no litigators should be without.

10. Routine Recording and Transcription.

Do you routinely tape your presentations and arguments? Why not? If you think you have a good reason, why not videotape or audiotape your practice sessions?

Recording spoken and performance materials can be an excellent KM tool. The recordings might be used for training other lawyers. Transcripts might be made so that the material s could later be reused for articles, seminar materials, email newsletter or web site content. Would a potential new litigation client benefit from seeing a video clip of you in action?

The opportunity to capture this type of material is routinely lost by lawyers. The availability of relatively inexpensive video cameras, recorders and voice recognition software, when combined with the today's digitization techniques, opens up a new world of possibilities in this area. [NOTE: I feel even more strongly about this today.]

Practical Tips for Getting Started in DIY KM.

Here are a few of my best tips to get started with do-it-yourself KM.

1. If you don't understand the whole KM concept, don't worry about that one little bit. Even the experts can't agree on what KM is. What you care about is the practical, real-world impact of KM techniques for you. You practice law, not linguistics or philosophy.

2. Start with a few easy efforts. Look through the items above. Make a list of the ones that seem easiest for you to do and where you can see that they would bring quick, concrete results. For example, it's easy to record presentations and have your secretary transcribe them. It's also easy to create a "KM" folder for email.

3. Consider how you work best. KM techniques that force you to modify how you work are doomed to failure. If you aren't collecting clauses with notes, circle the clauses on a printout and dictate some notes and have your secretary take care of it. Dan Felean of PensEra (www.pensera.com), a KM tools company, argues persuasively that KM is a team sport and that the best approach to KM in the legal profession involves building upon the routine relationships and tasks of lawyers and their staffs.

4. Set reasonable, business-oriented (or personal and professional) goals. We can all go a little overboard on technology. Think in business terms. If you are applying the simple KM approaches that I suggest above to contacts, don't think in terms of either technology or "contact management." Think in terms of the effects and goals that you want to achieve. Do you want to "implement a contact management system" or do you want to know who your top twenty sources of referrals are and what kind of "quality contacts" you are having with them? I hope that's a rhetorical question.

5. The network is the message. Personal knowledge management is great, but the real power of KM comes from sharing. Look to ways to put KM efforts in place across your network and to take advantage of the collective knowledge of the whole team.

Conclusion

The approach that KM software vendors have taken to KM today is not working yet for many lawyers. Lawyers now find KM impossibly vague, very expensive and, rightly or wrongly, just today's flavor of "management." At the same time, lawyers need to take advantage of KM tools and techniques to cope with increasing information overload, new competitive pressures and changing economic realities. Ignore the hype. Take a do-it-yourself approach to KM and try to get real-world business results using tools you already have or can cheaply obtain and you will move well ahead of those who are content merely to debate KM concepts. [NOTE: Although I was critical of the high-end KM tools at the time I wrote this article, in part I used that critique as a rhetorical device to make the argument for the personal KM approach taken in this article. The focus of this article is individuals and small firms. I am quite bullish on today's generation of KM tools for larger firms – what a difference a few years can make.]

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

Posted by dmk at 04:36 PM | Comments (0)

November 30, 2005

BlawgWorld 2006: A Great Chance to Join TechnoLawyer and Get an eBook Featuring Some Great Legal Blog Posts

BlawgWorld 2006 is is a great present from Neil Squillante at TechnoLawyer.com and a great sampler of useful, thought-provoking and enjoyable blog posts from more than fifty of the many legal blogs out there these days.

BlawgWorld is both a free gift to current TechnoLawyer members (like me) and a promotion to encourage people who read and want to read blogs and who are also interested in legal technology to join the TechnoLawyer list (it's free). As I've said many times before, if you are a regular reader of DennisKennedy.Blog, you should also be a TechnoLawyer subscriber. It's that simple.

Neil and I go back a long way, I consider him a good friend, and the TechnoLawyer group has been very good to me over the years. I don't even pretend to be impartial about TechnoLawyer. It was a pleasure to have the chance to participate in BlawgWorld 2006, which includes entries from both this blog and Between Lawyers. I appreciate Neil suggesting which post of mine to include.

I'm also struck by how many bloggers chose one of my favorite posts from their blogs. There's some excellent stuff in there, especially Matt Buchanan's excellent "Texaco" post, a personal favorite of mine.

BlawgWorld 2006 gives those new to the world of legal blogging a great sampling of the range and nature of the legal blogs. It's not comprehensive, or even designed to be, but it's a very nice sampler, especially for those who have heard about blogs, but haven't really read any blogs yet.

Now for the details if you want to get your own free copy of BlawgWorld 2006. \It's free, but available exclusively to TechnoLawyer members. To receive your free copy, please go to http://www.blawgworld.com, register as a new TechnoLawyer member (be sure to try out a few of the newsletters), and you'll be emailed a link to download the eBook. You'll get the book and then, assuming that you subscribe to a newsletter, receive the occasional email with great legal technology information from TechnoLawyer. In no time, people will consider you the local expert on legal technology - not a bad result for a free subscription. As I said, I don't pretend to be impartial about TechnoLawyer - I'm a big fan.

Although I think that it's easy for people these days to over-think and over-discuss the whole "blogging phenomenon," I will note that if you read through BlawgWorld 2006, you'll see why I've begun to describe blogs as "online newspaper or magazine columns without the newspaper or magazine."

BlawgWorld 2006 gives you plenty of reason to join up with TechnoLawyer and to sample the world of blogs as well. A very nice combo, especially for regular readers of this blog.

[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 06:24 PM | Comments (0)

November 23, 2005

Fast Fish and New Technologies - Article

[NOTE: This is another in the series of repostings of my previously-published articles. Here's an oldie that someone recently reminded me about. I wrote the first version of this article way back in 1997 and the version you see here was published in this form in 1999, but many people still like this article and tell me that they have found it valuable. It shows my belief that thinking carefully about how to use technology well is usually much more important than over-focusing on features of specific hardware or software products. As you begin to think about ideas like "Web 2.0," you might want to give careful thought to the "fast fish" metaphor used in this article. It also applies to individual departments within larger organizations and other collaborative efforts.]

Fast Fish and New Technologies

We have moved from a world where the big fish eat the little fish, says Tom Peters, the famous management consulting guru, to a world where the "fast fish eat the slow fish."

I've noticed lately that many of the most innovative developments in legal technology have come from smaller firms and solo practitioners. Small firms and solos have developed some of the most successful legal web pages, pioneered voice recognition and other applications, and taken the lead in developing "paperless" office strategies. They have become the faster fish.

While much has been written (including by me) about the difficulties small firms and solos have in finding good technological assistance, the flip side of the story is that small firms and solos have some advantages over big firms that help them leverage new technology and level the playing field against larger firms.

Here are ten advantages that small firms and solos have over large firms when it comes to innovation and technology:

1. The People Most Affected by the Technology Decisions Actually Make the Decisions. Large firms generally have an IS department that handles technology matters. Technology decisions are generally announced to lawyers rather than discussed or voted on. As a result, decisions tend to be based on what is best for the organization as a whole rather than what it best for individual lawyers.

In a small firm, the people most affected by the decision actually make the decision. There is more opportunity to tailor technology to individual needs. More importantly, the decision-makers will directly experience the impact of their decisions. A critical factor in the success of the adoption of any technology is the amount of "buy-in" from the people who will be using the technology. Better participation leads to better attitudes about changes, greater success with training and more effective use of new technology.

2. Decisions Can Be Made Quickly. Some large firms have spent years debating whether to have a Web page. Some small firms have gone from decision to implementation over a weekend.

Any process that involves a long series of committee meetings will foster an atmosphere of cynicism and frustration. In a small firm, decisions often can be made over lunch or when several attorneys decide to make an impromptu trip to a computer store. For solos, important decisions can be made in the shower or on the drive to work.

3. The Need to Find Cost Savings Drives Innovation. In a small firm, every little bit of cost savings can have a direct impact on an attorney's earnings. In larger firms, cost savings have more indirect results. Cost savings can be an important motivation for adopting new technologies.

If you are starting up or maintaining a small practice, the cost of a library can be prohibitive. Purchasing library material strategically on CD-ROM rather than in book form can result in both space and cost savings. Wise choices made while attempting to cut costs can result in an innovative use of technology that leads to a more productive practice.

4. The Size of the Project is Less Daunting. It is easier and cheaper to set up a network of three computers than it is to set up a network of three hundred computers. Adding a new hard drive to one computer is far easier than to add several mirrored hard drives to a network server.

5. Technology Improvement Can Be an Important Use of Downtime. Smaller firms and solos sometimes have alternating cycles of busy periods followed by slow periods. In a large firm, the constant push to bill hours does not allow for that type of cycle and puts pressure on attorneys to focus exclusively on generating billable hours and not on developing systems or improving technology. In a small firm, a slow period in the practice may be a perfect time to implement new software, to use document assembly to automate forms, to try a new calendaring or contact management program, or simply to plan for future technology requirements. Taking more time to think about technology and to explore options will result in more successful applications of technology.

6. Small Firms Are More Willing to Adapt Their Practices to Shrink-wrapped Software. In a large firm, different departments often do things in very different ways. In addition, there may be a "Firm" way of doing things which has not been modified for many years. These firms will often spend enormous amounts of money to customize programs to match existing practices.

Small firms, on the other hand, are likely to use commercial legal software, and even commercial software designed for home users, and adapt their practice to the software. This flexibility will often allow a small firm to use a time and billing program costing a few hundred dollars as opposed to a $100,000 time and billing package which might produce no significant practical difference in results. What matters is that time gets recorded and bill get sent out, not that you are using "legal-specific" or customized software to do it.

7. The Payoff From Technology Investment is More Easily Seen. If every time that you want to print a document you must copy the file onto a floppy disk and take it to another computer which is physically attached to a printer, you will clearly and concretely see the benefits when you network your computers and printer. A larger monitor may give you an immediate impact by reducing the need to squint to see details. A Web page might start producing clients that can be readily traceable to the Web page. A small firm's return on investment can be easily seen and measured. In a larger firm, return on investment can be harder to identify and may take place over a longer time frame.

8. Small Firms Are Willing to Experiment. Small firm lawyers are usually the lawyers speaking at seminars about voice recognition software and other innovative technologies. As a general rule, lawyers are not known as "early adopters" and many large firms are extremely conservative and unwilling to take risks when it comes to technology.

In small firms, there tends to be more of an attitude of experimentation and a willingness to try new things. There is also a willingness to admit that an experiment has not worked and to try something new. This attitude allows smaller firms the opportunity to match technology to their needs and to keep them in some cases closer to the leading edge of technology than many larger. Smaller firms seem more willing to try new options like leasing technology and breakthrough legal software like CaseMap.

9. The Need to Level the Playing Field Drives Technological Change. Some of the more innovative uses of technology by small firms came in response to the practice of larger firms of trying to bury smaller firms in paperwork during discovery. The use of programs like Summation, or other litigation management software, can give a small firm control over mountains of evidence in a way that can be superior to what can be achieved by a team of big firm lawyers not using the same technologies.

Because it is all but impossible for a small firm to compete with a large firm in a war of attrition using human resources, small firms have tremendous motivation to leverage technology to level the playing field against big firms. Competitive factors often drive excellent decisions about technology.

10. Small Firms Focus on the Practical. Often big firms seem to be preoccupied with the theory of technological improvement and with thinking about how technology might work rather than actually using the technology. In the meantime, small firms are adopting new technologies that streamline their practices, putting up Web pages that draw in clients, and producing charts and visuals that help them to win cases.

An important example is law firm web pages. Large firms have a tendency to put out web pages because it is seen as a requirement for a firm of stature, with no real expectation of getting clients, often a self-fulfilling prophecy. Small firms put up web pages that work and get clients.

Here are five final points to remember about technology and the small firm:

1. Be flexible and willing to experiment.

2. Build on your successes. Constantly try to extend the efficiencies you have already gained through other technology and systems you've developed.

3. Try to identify areas where cost savings will also result in innovation and increased productivity in your practice.

4. Focus on practical and measurable results.

5. Get on the Internet.

Be a fast fish. By being flexible, practical and innovative, small firms and solos can use technology to increase their effectiveness and productivity and level the playing field against slower-reacting large firms.

[NOTE: This is another in the series of repostings of my previously-published articles. I wrote this article in January 2004 for the ABA's GP Solo Magazine. Please note that parts of this article are dated, but I've not updated it to give you a sense of history. This article sets out several of my key principles in making legal technology decisions.]

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

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

Dennis Kennedy

legal technology

Posted by dmk at 10:31 AM | Comments (1)

November 22, 2005

To Tech or Not to Tech? - Article

To Tech or Not to Tech? Important Questions (and Answers) for Your Practice

Hamlet, in Act III, Scene 1, delivers these immortal lines:

To tech, or not to tech: that is the question: Whether ‘tis nobler in the mind to suffer The crashes and reboots of outrageous operating systems, Or to take arms against a sea of software glitches, And by opposing delete them?

Or he might have, if the play was written now and set in a small law practice.

Trying to make good technology decisions has left many otherwise skilled and confident lawyers feeling like TechnoHamlets – seeing and speaking with ghosts and making friends and colleagues wonder about their sanity.

However, it doesn’t have to be that way. This article will show you how to think about systems and technology and give you a solid foundation upon which to build a framework for making good decisions about legal technology.

Technology is both a tool and an investment. As does any good craftsperson, we must try to find tools that are both the right tool for the job and of sufficient quality to give us a good return on our work.

A Story of Technology as Both Tool and Investment.

My wife's brother went back to law school at the age of 40 after working in the real estate and art gallery businesses in the San Francisco area. He wanted to open his own law firm from day one. We had a number of telephone conversations about what computer and software he needed when he started, primarily focusing on a laptop computer and speech recognition software. He would ask me about specs, memory, screen size, percentage accuracy of the programs, and the like. After a while, we seemed to be returning to the same questions without getting a decision made.

Finally, I asked him what he really wanted to do with a laptop and speech recognition software. It turned out that, as a practical matter, he could expect to pay about $4,000 (about the price of the computer and software at the time) a month to hire a good legal secretary. He didn’t know whether he could make enough in the first months to pay the secretary, let alone leave anything for himself.

Now, we were on track. If the only thing the laptop and speech recognition software did for him was to delay the need to hire a secretary for a few months, buying them would be a good investment. In fact, he bought himself nine months. That's $36,000 of value for a $4,000 investment in just nine months, not a bad return. He has told me several times that my "advice" made all the difference in getting his business off the ground.

I don't think that I gave him "advice." I simply asked the right question. When you ask the right questions, the answers get a lot easier. What I want to teach you is how to ask the right questions about technology.

The Right Questions.

The question whether "to tech or not to tech" is one of the right questions, but, properly understood, it is a question that comes later in the process.

There's a great scene in my favorite science fiction TV series, Babylon 5, where one of the main characters is suspended in a state between life and death, bathed in waves of light, with disembodied voices asking repeatedly, "Who are you?" and "What do you want?" Because the character can answer those questions with clarity and authenticity, he goes on to fulfill his great destiny.

"Who are you?" "What do you want?" It really doesn't get much more basic than that. However, these are pretty deep questions to answer when you really thought that your question was "should I get an inkjet printer or a laser printer?" My argument is simply that the better the answers you have to these two questions, the better decisions you can make about technology.

Here's the Key.

You must choose technology on the basis of whether it helps you be who you are and do what you want better than the other alternatives that you are considering.

There are several consequences of this approach. First, my best technology choices will not be your best technology choices. Second, although you should listen to advice and recommendations, the final decision must be your decision. Third, this approach forces you to think of technology as both a tool and an investment.

Do Not Separate Technology From Systems.

Lawyers create and are creatures of systems. A law practice incorporates a large number of systems. There are systems for:

Running your office (Workflow management, operations and procedures, hiring and training, accounting and financial, planning and continuity)

Getting clients (Contact management, marketing materials, follow-up, client intake, engagement letters)

Serving clients (Project and workflow management, procedures, filing, forms, calendaring and docketing)

Getting paid (Fee setting, timekeeping, billing and collections, banking and trust account, procedures)

Complying with rules (Conflict checking, confidentiality, calendaring and docketing, recordkeeping, training and CLE, taxes)

It's no wonder you are so tired at the end of the day. There's plenty of work involved in creating and maintaining systems before you even get to the practice of law stuff.

I have two core principles about systems:

1. You always have a system, but it may not be the one you want.

2. Your systems should work for you, not against you.

We all know lawyers who use the following "system" for locating notes, correspondence and documents. Every piece of paper is stacked in tall piles on desktop, credenza, office chairs and floor. When something is needed, the lawyer digs through the papers until frustrated and then calls in a secretary who assists in going through the piles until the document is found or another emergency arises.

This is, in fact, a system for retrieving needed documents. Is it a good one? Is it an efficient one? Is it one that the lawyer would have designed or ever have intended?

Technology in Proper Context.

Technology must always be viewed within the context of your existing systems. Thinking about technology outside this context will lead you in the wrong direction. Unless you consider how a technology fits into this context, you cannot read reviews in a meaningful way and lists of "editor’s picks" may lead you to unsuccessful purchases.

Consider the previous example of a "system." The question of whether the lawyer should buy one brand or another is not useful. The "best" scanner is the one that will hold the highest pile of papers stacked on it when it is treated as another storage space. The better question is: does any scanner make any sense in this type of system or are there better options?

If you want to implement any technology, the introduction of the new technology must do one of two things:

1. It must implement a better system; or

2. It must improve an existing system.

If it will, it makes sense to proceed. It's as simple as that. Even a technophile like me will admit that in certain cases a technology solution may not be the best approach.

Technology is only a tool; it is not a panacea. As a practical matter, technology simply enhances the habits and skills you already have. Technology does not magically give you new skills. Speech recognition only makes it easier to get your words into a document; it does not magically make you a better writer.

It all comes back to the basic question: does the technology help you be who you are and do what you want? If the answer is that you want to be a better writer, speech recognition will not be as good an option as some non-technological efforts. If, on the other hand, you want to be able to launch a practice with minimal expenditures and only bring in a secretary when you feel that you need one, then speech recognition makes a great deal of sense.

Two Big Roadblocks.

Most lawyers are aware of only a tiny fraction of the choices available today. For example, did you know that there are more than one hundred "case management" programs? Often, a lawyer or firm will be trying to decide between the lesser of two evils when there are better choices available that they haven’t heard about. The list of resources at the end of this article will help you with this roadblock.

You will also get a lot of well-intentioned misinformation about legal technology. People recommend using Linux instead of Windows to a lawyer who barely knows what a mouse is. People will warn lawyers away from newer versions of software or installing updates and patches (a security problem just waiting to happen), lead them to obscure programs, and draw conclusions from setups that are outdated or clearly inadequate. In simplest terms, they are giving you generic information that does not take into account your specific needs or the context of your systems. The result is that you learn that what works best for them doesn't work out so well for you.

Think about the practice of law. A client comes to you and asks whether they should form a C corporation or an LLC. The best response is to ask, "What do you want to do?" To answer, "I heard that some people had some kind of tax problem with C corporations a few years ago so I tell people never to use them," probably is not a good approach to the practice of law or helping your client.

Key Variables to Consider.

Some factors are especially important in making technology decisions and your needs in these areas can have a dramatic impact on the choices you should consider.

Solo / Solo with Staff / Small firm. The type and number of users will have a huge impact on your choices. If your practice consists of just you, you can look at much simpler choices over a longer period of time. As soon as you move to two users, you must consider networking, training and standardization of software.

Litigation or Not. I do not see how you can be a litigator and not use a laptop computer. Because litigation software, such as CaseMap and Summation, can be so valuable, you will need to devote time to learning more software options. Projectors, wireless access, PowerPoint and other "options" may well become necessities.

At Desk All Day or Not. If you are an at-the-desk lawyer, PDAs and cell phones are much lower priorities.

Volume of Work. This factor may be the most important one of all. The cost of replacement cartridges for an inkjet printer will eat you alive if you print thousands and thousands of copies a month. If you have a small number clients, you may well be able to run your accounting with a spreadsheet. If you have a lot of clients, a range of rates and lots of matters, you probably have to go with a legal accounting package. Asking "how often will I use this?" is an essential part of hardware decisions in particular.

Your Priorities. It could well be that who you are and what you want will be the lawyer who has the coolest gadgets. It might be that you want to reach jurors with a simple, plain-spoken style rather than thrill them with the latest thing in multimedia. Don't ignore who you are.

Area of Practice and Client Needs. In some areas of practice, there may be standard technologies that everyone uses. Some lawyers have told me that to make a decent living in family law these days, you need to automate to the greatest extent that you can. Similarly, you may have clients who require that you provide documents in certain formats, have ready access to e-mail, or implement security measures.

Twelve Tips, Observations and Recommendations.

Because this article argues that a one-size-fits-all approach is never appropriate in making legal technology decisions, I hesitated before setting out a list of general comments. However, I do want leave you with some practical pointers.

1. Even the least expensive of today's computers is a rocket ship compared to the computers of even a year or two ago. Don't limp along with old, slow computers. Four corners not to cut in configuring a new computer are: memory (RAM), hard disk capacity, number of USB ports and CD or DVD burners.

2. The new generation of high-capacity external hard drives offers the best inexpensive backup solution we have seen so far.

3. A laptop now makes sense as the primary computer for all attorneys. It is essential for today's litigator.

4. Windows XP Professional is the operating system of choice for lawyers in the Microsoft world.

5. For any firm putting in a network, the new low price of Windows Small Business Server ($750, or less when bundled with a server) make it a must-consider option to get standard networking capabilities, including remote access, at an affordable price.

6. Volume discounts for many software programs, including Microsoft programs, can be obtained for as few as 5 users and some consultants can offer you programs to roll hardware, software and consulting costs into a monthly payment option.

7. While Microsoft Office 2003, Small Business Version, might be the best option for small firm lawyers, there are now free alternatives such as OpenOffice that may work in your situation.

8. If you are prepared to do a little more research and go off the well-worn path, Macintoshes and Open Source software represent very acceptable non-Microsoft alternatives and no lawyer should dismiss them out of hand.

9. With the advent of electronic filing, a PDF creation program should now be considered essential software. The gold standard is Adobe Acrobat (Writer, not just Reader), but cheaper alternatives are available.

10. If you have a laptop computer, you should have a wireless card (802.11b or 802.11g) or Intel Centrino technology to take advantage of wireless Internet hotspots at airports, hotels and restaurants.

11. If you are not installing Windows security updates and updates for other programs, running an updated antivirus program, and using a hardware or software firewall (ZoneAlarm is free), you might as well turn on a big neon “welcome” sign to the bad guy hackers.

12. Take a class in any program you use on a regular basis.

Action Steps.

So . . . what should you do when you finish this article? Take a few minutes to think about your technology and your systems. Then take the following actions over the next week or so:

Do enough research to find 3 or 4 software programs you did not know about that can be used in your specific areas of practice.

Inventory and make a quick assessment of your current technology and systems.

Look back at one significant technology decision you made in the past and reevaluate it using the principles outlined in this article and write down the lessons you learn.

Identify one or two technology options that have been on your mind and apply the principles outlined in this article as you make your decisions about them.

Conclusion.

"To tech or not to tech" is only part of the question. Technology should not be seen as an area of bewildering complexity. Instead, treat it as both a tool and an investment. Fit your technology into the context of your existing systems and only make decisions that result in either the implementation of a better system or the improvement of an existing system. If you do so, you will come closer to the goal of having your technology enable you to work the way you want rather than force you to work the way it wants.

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

Posted by dmk at 08:35 PM | Comments (1)

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 26, 2005

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)

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.

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

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

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/)]

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

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 13, 2005

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/)]

Posted by dmk at 09:06 AM | 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/)]

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

October 06, 2005

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 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)

September 30, 2005

What is a Blog?

Michael Conniff has an extensive and historical treatment of the question "what is a blog?" in the Online Journalism Review. I highly recommend the article for those interested in meta-blogging.

I'm actually more interested in blogging than blogging about blogging, but this article is a good one and it raises a question that invariably comes up when I do interviews and presentations on blogging.

Here's my best answer:

A blog is an online newspaper or magazine column without the newspaper or magazine.

I think that captures the notion of self-publishing, regularity, informal tone, personality, educational and helpful content, and observational elements I associate with blogs. It also recognizes that posts are short essays and that blogging is a writer's medium. I've found that people really like this definition and find it helpful.

However, that definition is primarily a conceptual definition. Other people like a more technical definition, and I've struggled with that.

Here's my current technical definition of a blog I've used in presentations:

A blog is a form of a website that is produced by easy-to-use content management or "blogging" software that uses templates and is characterized by certain common elements, including one or more of the following: display of content in the form of individual "posts," reverse chronological entries, RSS feeds, archives, comments and other common features you will observe after looking at a few blogs.

Most recently, I explained blogs (and from the feedback was quite successful) to a group of people, 90% of whom did not read blogs, by showing them the Between Lawyers blog, pointing out the main elements and then moving to each of the individual blogs of my colleagues at Between Lawyers and showing the presence of the common elements. Show rather than tell.

Of the identifying elements of a blog, I think that the use of individual posts and display in a reverse chronological order are the common features that most help people identify what a blog is.

That said, I use my "definitions" as devices to help people learn about blogs and their usefulness. I can't stand when people use proscriptive definitions of blogs, charge that blogs are really not blogs, or launch into a tirade on what "true blogs" are.

Now, back to the OJR article. I think you understand the perspectives I bring to this issues.

I found this article interesting in light of my recent efforts to come up with definitions I can use in presentations. However, it didn't help me improve my definitions or come up with a simple, concise definition I might use in presentations.

In part, that's the beauty of blogs. Blogging has let a thousand flowers bloom. I want to read great blogs - I frankly don't care whether the definitionists out there deem what I consider a great blog to be a "blog."

As you read through the article, you'll notice the quoted bloggers are all over the place and even contradict each other. Jason Calcanis focuses on unedited, unfiltered content as being a key trait of a blog. Wonkette describes herself as an editor of her blog. Are we seriously suggesting that Wonkette isn't a blog?

I must admit that I got a laugh, as usual, out of Jason's definition of blogs, and, by implication, what blogs his definitions would exclude. I might be able to simplify his definition - a blog is any blog that has the features of a property of the Weblogs, Inc. network. I mean, we all bring our own points of view into the discussion, but gee whiz, Jason, you might want to be a bit more subtle and a lot more expansive.

If a blogger turns off comments because of comment spam problems, have they suddenly lost the right to call what they are doing a blog? Are the people experimenting with orders other than reverse chronological order no longer creating blogs? Is a blog in which someone other than the author proofreads or edits post not a blog? I'm not sure why we really care about turning definition into dogma, unless our purpose is to become a gatekeeper and decide who is in the cllub and who is not. That's not part of the tradition of blogging and it would be sad to see that kind of an exclusionary tradition get started.

In any event, the article is a great resource for learning about the doctrinal arguments over blog definitions. I don't understand how any of this discussion helps bring blogs to a wider audience, which is my interest in developing definitions.

In the meantime, I'll go back to writing my blog, or at least what I think is a blog, and, if the definitionists ever agree on what a "blog" is (and I doubt that will happen), I'll consider the definition and what I need to do to fit into it. And, then, as is the common trait of bloggers, I'll do whatever I want and what makes the most sense for this blog. If that means I won't get a blog membership card, then so be it.

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

Posted by dmk at 08:57 AM | Comments (0)

September 29, 2005

Desirable Traits in a CIO

Every now and then, I think it would be great to be a CIO, in part because the title seems so cool. As a CIO, you get invited to great conferences for "C level" executives. And you get a great magazine - CIO magazine, one of my favorite magazines

Speaking of CIO magazine and CIOs, CIO Insight has a great article on desirable traits in a CIO. Now, you will need to get past the inflammatory title ("Does it Take a Psychopath to Make a Good CIO?") and read the substance of the article, because the article really answers the question posed by the title with a "no."

If you are a CIO, are a firm with a CIO or are a firm thinking about hiring a CIO (hmmm, I think that may cover everyone), this article will give you a way to think about the CIO position in your firm or organization.

Here are the money quotes:

"CIOs tend to love technology," said Berg. "But not in the same way as programmers or system administrators, who gravitate toward technology because they think it's cool. CIOs are much more interested in what technology can do for a company than simply what it can do, period. That's an important distinction in terms of personality."

and

The good ones have a balanced view of people, process and technology. They care about how the company meets its goals while embracing technology. They have to be emotionally invested to do that."

These quotes strike me as right on target.

So, now I'm back in the wanting-to-be-a-CIO mode. But I think that really means I want to be a part-time CIO or a CIO splitting time between several firms or organizations.

I'm thinking about putting together a package of consulting services that does exactly that. I'd welcome any comments and suggestions from readers to help me think that through and put that package together.

If you wanted to get a package of services that approximated what a CIO might do for you, what would that package include? I'll share the ideas I receive.

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

Posted by dmk at 07:08 PM | Comments (0)

September 28, 2005

LawyerLinks - A Legal Research Tool That's Simple in the Best Sense of the Word

Eric Korb of LawyerLinks gave me the grand tour of the LawyerLinks corporate legal research tool recently and I was quite impressed.

While many people believe that I'm interested only in the newest, coolest, most cutting-edge technology, the truth is that I'm most interested in technologies that are simple, easy to use and help me accomplish things better. When that happens with cool, new technology (the leading example today is the whole are known as Web 2.0), it's a bonus for me.

So, a few minutes into the demo of LawyerLinks, I'm really digging the service and asking tons of questions and saying "that's right" and "that's cool." It was cool because it was simple.

And, it's a simple idea. Imagine the ideal "encyclopedia" for your area of law practice. It would be fully hyperlinked, updated by knowledgeable lawyers, organized by people who understand the practice and easy to move through. IN my case, I also want to get away from the Boolean search stuff and be able to move through the material in a logical, structured way.

Hey, that's what LawyerLinks is. It's simple, yet profoundly useful. It brings me back to the orignal idea of hyperlinks.

The best part is that you can immediately see how this would be helpful to you, especially for quick overviews of subject matter areas. You might get a question from a client. While on the phone, you quickly pull up an overview so you can "refresh your memory" on the topic. You also have the ability to move seamlessly to news, source material and cases. You are instantly knowledgeable (not that you weren't before, of course - you are just a little smoother now).

Now, flip the scenario. You are an inhouse corporate counsel or even a business executive and you want to get some background before you talk to an outside lawyer. Boom, you're there.

For those law firms looking to make more effective use of library budgets (my advice: give the librarian a raise and better tools and cut costs on books), LawyerLinks would be a great tool to reduce the need for some of the books taking up space in your library. If you are starting a new firm, well, this might be an easy decision.

LawyerLinks focuses on securities and corporate law topics only at this time. That's too bad for those of us not in those areas, but it's great news for those of you in these areas.

Check it out.

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

Posted by dmk at 09:22 AM | Comments (1)

September 20, 2005

Getting a Glimpse at What's Coming in OneNote

I really like Microsoft OneNote and see it as a great tool for many lawyers. Unfortunately, not many lawyers are using OneNote. Many lawyers find it difficult to convince their IT departments that OneNote should be on the "approved" software list.

For those lawyers who have gotten permission to use OneNote, I recommend Chris Pratley's recent post "Unifying the analog and the digital with OneNote," which sketches out the vision for the upcoming version of OneNote. Put me on that beta list!

The money quote:

"Screen clippings: When you use the screen clippings feature in OneNote (Windows-S shortcut), you can insert a screenshot of an area of the screen you choose. This image is then OCR'd just like those other images. In fact, we're including about four different OCR engines in OneNote, each one optimized for different types of images that contain text. We sniff the type of image and use the appropriate one automatically."

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

Posted by dmk at 10:00 PM | Comments (0)

September 19, 2005

New Issue of Law Practice Today Webzine

Be sure to check out the recently-released issue of the ABA's Law Practice Today Webzine.

You'll find the customary generous assortment of great articles on finance, management, marketing and technology topics. Let me mention just one: Wendy Werner's article on great books to read on the subject of career development.

However, I do want to highlight the "Strongest Links" column Tom Mighell and I wrote. In the column, we give you a list of good Internet resources on instant messaging. The best part (and the most fun part) was that Tom and I structured the column as an instant messaging session we did on Skype. It's fun and informative at the same time. And it's an effort to show that lawyers can use non-traditional tools and write in non-traditional ways.

Check it out. And give some thought to joining the ABA's Law Practice Management Section.

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

Posted by dmk at 07:47 PM | Comments (0)

September 14, 2005

Jim Calloway Becomes Fellow in College of Law Practice Management

Congratulations are in order for Jim Calloway on his recent and well-deserved induction into the prestigious College of Law Practice Management.

Jim tells me that he gets embarrassed when I praise him like this and this, so I won't make a fuss over his recent recognition, other than to say that I understand very well why he was inducted and it comes as no surprise to me. Read this article and I'm sure you'll agree.

I'm looking forward to getting the chance to hear more about Jim's experience and hang out with him at the upcoming ABA Law Practice Management Section Fall Meeting where I'm sure he'll he'll continuing his tradition of making Dan Pinnington and me stay up way too late, despite our protests that it's way past our bedtimes.

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

Posted by dmk at 07:20 AM | Comments (1)

September 12, 2005

"By Request Day" - What Did You Learn at the ILTA Legal Technology Conference?

I guess I do owe you a report on the recent ILTA legal technology conference. It was a lot of fun. ILTA is a very well-run conference that seems to get all the details just right. I learned a lot and I got to hang out with some great people. And I had my RSS epiphany.

You probably wanted more than that, right?

In part, this question is really a variation on "why do you seem to be writing less about legal technology?" In the past year, I've enjoyed getting the chance to learn about products and services that are still in the development stage. I'm having more conversations where people are asking me not to talk about these developments in advance. I'm OK with that, but these developments are, to me, the most interesting things going on in legal technology these days. Some of the other things I might write about aren't as appealing to me or they may touch on developments that I'm not able to talk about. I'm less inclined to write about them because I can't paint the whole picture.

Here are some thoughts from ILTA.

1. Take a look at blog posts from Alex Lubarsky, Bill Gratsch, Roger Bonine (here's a guy who really does "get" it) and Jeff Beard to give you a flavor for the conference. I got to spend a lot of time with Jeff (we first met as co-presenters at the 1998 ABA TECHSHOW and have been good friends ever since), which really made ILTA fun for me.

2. My friends Greg Krehel and Bob Wiss helped me out by making me a temporary member of the CaseSoft team for ILTA. I spent some time "working" at the CaseSoft booth with Bob and Lynn. That gave me a new perspective on the vendors' view of conferences and has led to my wish that we break down the artificial barrier between vendors, speakers and attendees at conferences when we do LexThink Conferences and consider the idea of "unconferences." Other than just having fun hanging out with Bob and Lynn, I enjoyed getting to see how much CaseSoft's customers really seem to enjoy the products and the customer support they get from CaseSoft (and it really is true that an existing customer will interrupt Bob or Lynn and explain to a prospective customer why they need to get CaseMap - it's an amazing thing). It was also fun to see people who know me do a double take when they saw me in the booth wearing a badge that said "CaseSoft" on it - a great conversation starter.

3. My main mission at ILTA was to try to get a better understanding of the electronic discovery market. I think I made some significant progress in that area. I got the chance to join Michael Arkfeld and Browning Marean in a conversation about electronic discovery. If there were a poll taken on who the two most knowledgeable lawyers in the US on electronic discovery are, my bet would be that Michael and Browning are those two. Michael had just left the US Attorney's office to start his own consulting business and noted that the new edition of his book (THE book) on electronic discovery was due out soon. I talked to as many electronic discovery vendors as I could with the goal of learning what each one was best at. No one has convinced me that they are a "full service" electronic discovery company, but I don't believe that there are truly "full service" law firms either. Admittedly, I had a somewhat CaseSoft-centric view of things, but I found the seamless interaction between a number of the electronic discovery tools (including CaseMap and Adobe Acrobat) to be the development that I found most interesting and most beneficial to lawyers. I have also resolved to write an article that argues that the combination of Adobe Acrobat 7 and CaseMap will become the tool of choice for small electronic discovery cases.

4. I first put together a document assembly application for my then law firm more than 15 years ago. Who would have thought that document assembly would not yet have much traction among law firms and that it would return in 2005 to be one of the hottest areas in legal technology? I am very, very, very interested in what's going on at DealBuilder (http://www.business-integrity.com/DealBuilder.html). For a hint at why, take a look at this customer list. I got a lot of my questions answered and this one is another probable article topic for me. Another fascinating and attractive approach to document assembly was an application called D3 demoed by MicroSystems. When you add Exari and Ixio to the mix, you get a sense of energy and excitement in document assembly that I haven't seen for many years. I've noticed some commentators this year suggesting that lawyers need to learn to be faster typists. I don't even understand the premise - document assembly takes you into a completely different world. I'd be asking about that - not typing speed.

5. I felt like I was one of a handful of lawyers at ILTA. That was fine with me, but I think lawyers who see this as an IT-only event are missing the boat. Corporate counsel would be well-advised to attend this show (and, of course, ABA TECHSHOW 2006) to see what technologies their law firms are NOT using.

6. There are some more things that will eventually turn up in blog posts, articles and probably my legal tech predictions article for 2006.

As I said, I had a great time and really feel energized by what I see happening in legal technology today. I'm more convinced than ever that the name of the game is becoming what I've been calling "client-driven technology." The major benefits of many of today's technologies accrue to clients and innovative law firms, not to the traditional firms. Clients are starting to do some tentative pushing and poking, but they may soon start to shove lawyers toward technology.

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

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

September 08, 2005

Great Advice for Tuning Up (and Speeding Up) Windows XP Computers

I was reading through the Ask Dave Taylor! blog and found a great post that sets out in plain language a lot of useful Windows XP tune-up and performance-enhancing tips. What's great is to find them all in one handy place in a clever "recipe" format that Bob Rankin created.

The money quote:

"Is there something like engine cleaner we can pour into our personal computer to restore that "like new" performance? Actually, yes! . . . Cyber Sludge Remover."

The Ask Dave Taylor! blog is a resource you'll want to bookmark (or subscribe to the RSS feed) for answers on both common and uncommon computer and technology questions.

And you can find the answer to the question, "Can I view PDFs on my Sony PSP?

[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 07:37 PM | Comments (0)

Keeping Client Information Safe

The highly-respected Ellen Freedman's new blog called "Law Practice Management" has a great post called "Safeguarding Client Information" that discusses a recent Arizona bar formal opinion on the subject, the need to rethink your efforts in securing client information after Hurricane Katrina, and other food for thought. Ellen, like me, is more of a proponent of the application service provider (ASP) model than most lawyers you will meet.

The money quote:

"A cry for help arrived on the listserv for me and my fellow law practice managers across the state asking what a firm can and should do when it has no information left whatsoever. Just imagine not knowing who your clients are, how to contact them, what deadlines and appointments are coming up. Don’t even think about collecting on open bills or paying outstanding bills. These firms have literally nothing. They are starting from scratch. And the question is where do they start when there is not even a scrap of paper left."

Check it out.

[Originally posted on DennisKennedy.Blog (http://ww.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. Mark your calendar for November 11 - 12: LexThink's BlawgThink conference on legal blogging.

Posted by dmk at 10:48 AM | Comments (0)

September 07, 2005

RSS - Food For Thought

This post is more in the nature of a note to myself on something I want to spend some time thinking about, but others might find it interesting as well.

Consider this quote pointed to by Rajesh Jain on Emergic.org:

RSS as API for Content

Nivi writes:

A Web API lets you use a web site’s computers, data, algorithms, and functions to create your own web services. Google, Ebay, Amazon, Yahoo, and many other web services have APIs.

RSS is like an API for content. RSS gives you access to a web site’s data just like an API gives you access to a web site’s computing power. Most important, RSS gives you access to your data that you have locked up on a web site.

It strikes me that there is something essential and important being expressed in this quote.

Nivi's full post also demands further study and note that it is part 3 of a continuing series called called "RSS is the TCP/IP of Web 2.0."

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

Posted by dmk at 06:41 PM | Comments (0)

September 06, 2005

My Disaster Recovery Handout (PDF) Now Available for Free Download

My handout materials from the session on disaster recovery John Simek and I presented at ABA TECHSHOW 2005 are now available for free download in the PDF format at http://www.denniskennedy.com/kennedydisasterrecovery.pdf.

The audio of the session is available for purchase at http://www.softconference.com/storefront/250331.

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

Posted by dmk at 07:39 AM | Comments (0)

September 01, 2005

Hurricane Relief - Legal Tech Effort

I've decided to do my posting about hurricane-related matters on the Between Lawyers blog (RSS feed) rather than on this blog so tht they can be collected in one place.

Although, obviously, there are many more immediate human concerns to be addressed, I did want to point to some of the efforts being made to pool resources to help law firms, courts and other parts of the legal infrastructure in the Katrina Aftermath.

The link at http://www.bashasys.net/support/viewforum.php?f=29 will give you a way to enter a discussion and organization process intended to help assist and coordinate these efforts.

Ross Kodner has allowed me to post a copy of an email he sent earlier today to help get this effort started. Please keep in mind that we all realize the importance of current humitarian efforts and encourage donations to the organizations involved in this effort, but want to help in something where we can be of some help.

Ross said:

"Good morning everyone,

I'm sure that all of you are experiencing something similar when watching the horrible images unfold on the news in Louisiana and Mississippi. I'm finding it hard to keep my composure watching and feeling pretty powerless to do anything. Sure, we can all donate money to the Red Cross and any other agency, but as in the aftermath of 9/11 four years ago, I do think those of us in the legal technology, bar association and the legal tech media world may be able to offer more practical assistance.

Here's what I'm thinking - thousands of law practices have been disrupted, physically damaged and/or completely destroyed. The basic ability to communicate with employees likely no longer exists for many firms. Offices are not accessible, or have been damaged. I'm sure that computer systems are either totally offline, or if they were up by some miracle, there is likely little to no Internet connectivity (if they even have AC power at all). Paper documents for many are likely a total loss. All the data backups in the world aren't going to help with business continuity issues if the media is not accessible and there is nothing to restore it to anyway.

Insurers, stretched thin and strappd like everyone else involved in the restoration efforts, are likely to focus on much more basic issues than replacing computer systems for lawyers and funding business disaster recovery - people, housing, etc. are going to come first.

What I think we can do is any of the following:

* The legal tech consultants I've included on this mailing (and any others) could make themselves available as resources to be consulted with free of charge on data recovery, data access, system re-designs, equipment acquisition, PC rental resources, re-establishing communications - anything a law practice would need to know quickly (and get right the first time) in trying to re-connect with employees, clients and resume operations

* Build a centralized system for anyone to post useful, categorized information about these topics as well as provide a communication network where lawyers involved in helping can post "services available" notices and those in need could find the information they need.

* The ABA's LTRC posted on Lawtech this morning that they are building a list of links to resources - a great start - fragmentation of efforts will only dilute the overall effectiveness and accessibility to this kind of information.

* I think a Wiki may be the ideal mechanism for dissemination of this kind of information with full posting ability, categorization, etc. Opinions from those more knowledgeable than me would be helpful, quickly.

* Getting an online contact listing of all of us who are willing to volunteer our time with contact info, services listings, etc. is imperative.

* Getting the word out to the legal bloggers, Catherine Sanders-Reach at the ABA LTRC, your own bar associations and members that any such resource is available and can/should be linked to, referred to, etc. - and getting it out to the listserves like Solosez and others that all of you participate in to get the maximum reach to anyone who needs help. Solosez, for example, has a number of New Orleans area lawyers who have been reporting on the situation.

I propose we call this effort something easy to remember like "KatrinAID" or something like that. We need a domain registerered, a Wiki (or blog or whatever) built ASAP and volunteers coordinated. I am personally willing to devote any time needed to this project immediately - I intend to explain to my clients in other parts of the country that their projects may need to wait a bit. I think that by the end of the Labor Day weekend, we can get much of this work done, ready, in-place and announced.

Who is interested in helping with any aspect of this? Please say so and indicate specifically what you can help with a "reply all" to this message. I will try and act as a conduit/clearinghouse to get this initial communication working. I thought of as many people as I could right off the top of my head but I'm sure I overlooked some valuable people who could have something to offer - forward to anyone.

Immediate need --> Volunteers - a core group to rapidly brainstorm and then put in the time to execute the basic online information structure and then keep this organized. Again, a fragmented effort won't help anyone

We have an opportunity to do some significant good for people in serious immediate need.

Regards,
Ross"

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

Posted by dmk at 12:30 PM | Comments (0)

August 24, 2005

Postcard from the ILTA Conference

Greetings from the ILTA legal technology conference in balmy Phoenix.

Wish you were here! Having a great time. Great people, great conference. Learning tons of stuff that will give me a stockpile of topics to write about in the near future.

More later.

Dennis

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

Posted by dmk at 09:21 AM | Comments (0)

August 23, 2005

RethinkIP: Stepping Up to Fill the Need for RSS Feeds

Here's a big development on the road to RSSifying the legal world. The guys at RethinkIP have stepped and filled a missing RSS void by making United States Patent and Trademark Office News and Notices available by RSS. Very cool!

[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.

Posted by dmk at 09:42 AM | Comments (0)

Replay of Blogging for Lawers Webcast Now Available

Tom Mighell, Raza Hasan and I recently presented a well-received seminar on blogging for lawyers for Thomson Findlaw. The replay of the webcast is now available for free at this link. If you've been looking for a good intro to blogging for lawyers or want to pick up some practical tips on blogging, viewing the replay will be time well spent.

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

Posted by dmk at 09:18 AM | Comments (0)

August 22, 2005

An RSS Sign or Omen? You Decide

I've spent a lot of time and energy over the last several years learning and thinking about the implications of RSS. I gave a presentation Friday on legal technology trends and predictions and heard myself saying that RSS is the most exciting technology development I've ever seen. I do believe that, especially in the context of the whole XML landscape.

With a lot of travel on my recent schedule, I've had some time to think about this and have been "rethinking" and "LexThinking" about some of the things I'm focusing on and how my energy and excitement level increases dramatically when the subject is RSS.

Last night, I got into Phoenix and found that my rental car had a license plate that looked something like this:

Note: Image created via http://www.acme.com/licensemaker/ (Thanks for Matt Buchanan for sending me the link for the license-making tool.)

I'm finding difficulty not reading this as some kind of sign that I need to act on.

To cap off that feeling, I've heard that the ReThinkIP blog will be the place to watch later today or tomorrow for a very interesting RSS-related announcement. More news on that as it develops.

[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.

Posted by dmk at 10:08 AM | Comments (0)

August 18, 2005

See you at ILTA?

Hey, I'm going to be spending a few days at the big ILTA legal technology conference next week (had a great time last year). I'd love to say hello and visit with any readers of my blog. We can also try to get the bloggers there together for a drink. Let me know or look for me there.

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

Posted by dmk at 09:44 PM | Comments (0)

August 16, 2005

From Vulnerability Announcement to Exploit in the Wild in Less than A Week - Living in the Modern World

Yikes! Lest you forget that keeping Windows constantly updated is a basic requirement of computer security, here's a story from PC Magazine that illustrates the point that you shouldn't dawdle in applying updates. From the PC Magazine Security Watch email newsletter:

"It didn't take long. Less than a week after Microsoft revealed a serious vulnerability in the Plug and Play service, worms were out on the Internet exploiting it. See how to identify the worms in this week's Top Threat section."

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

Posted by dmk at 12:33 PM | Comments (0)

August 15, 2005

Intel's New Info Tool on Mobile Computing for Lawyers

I really believe that way too few lawyers take advantage of the benefits of wireless Internet access with a notebook computer or Tablet PC. This combination makes so much sense for lawyers at a zillion different levels. It pains me when I hear about firms that are seriously talking about taking notebook computers away from lawyers and giving them only desktop computers and BlackBerries.

This only makes sense to me if you want to drive your most tech-savvy lawyers out of your firm in a short time. That may well be the plan, for all I know.

A while back, some of my friends in Intel's Centrino group asked me about an idea to create an informational website or tool that would help explain to lawyers the tangible benefits of mobile computing. Obviously, the site would focus on the Centrino technology.

[By way of disclosure, longtime readers of this blog know that I have made two videos with and for Intel's Centrino group about the ways lawyers can use mobile computing to improve their work and their lives and I have received the use of two Centrino computers in return. So, factor that in when considering my comments, but I've been making the same points on mobile computing for many years.]

We had a couple of good discussions and they went off to their creative people.

I heard today that the Wireless Advantages for the Legal Profession tool is now available. It's pretty cool and very well done. It gives you a good education about the key tangible benefits lawyers can gain from mobile wireless computing, including better client service. Let me repeat that - better client service.

It may be just the tool you need to convince your firm to allow you to get a new notebook computer or Tablet PC or to permit you to hang on to the one you have. I'm also surprised by the number of lawyers (OK, even one of them would have surprised me) whose firms will not let them get a notebook with a wireless card or Centrino. Hey, wake up - every kid in high school has wireless computing these days.

But, you don't need me to tell you about it. You want to look at the cool tool Intel has created.

Here's what you do. Go to http://www.intel.com/business/smallbusiness/wireless/benefits.htm. In the right column, under step 2, you will see a section on "Law." Now click on the link that says "Explore the legal demo" and voila, you are there. Do some exploring and then some thinking before you make your next computer decision or have your next computer decision made for you. You'll find a lot of good ideas there.

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

Posted by dmk at 05:52 PM | Comments (0)

UsingTablet PC for Productive Purposes

Marc Orchant points to a great article from Michael Linenberger called "4 Tips for Improving Tasks at Work" that shows you ways you can use a Tablet PC to be more productive in your work. In a case of a picture being worth a thousand words, you'll see from the illustrations what you really can do with a Tablet PC.

I get a lot of genuine interest in my Tablet PC from lawyers when I show them my HP Tablet PC. However, the lawyers seem universally to say that they won't be able to get their firms to buy them a Tablet PC. I've always wondered if, pathetic as it may seem, a lawyer could set up an arrangement with his or her firm to provide 10 - 15 extra billable hours in exchange for being able to get the technology that best helped them get the job done.

For more of my views on the Tablet PC, see my TechnoLawyer article called "A Field Report on the Tablet PC" and listen to my comments about Tablet PCs for lawyers in Randy Holloway's Unfiltered Podcast #2.

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

Posted by dmk at 08:21 AM | Comments (0)

August 11, 2005

A Free One CD Windows XP Boot Disk and Repair and Recovery Tool

I haven't posted many tech tips lately, but I have a great one today. Here's something that looks pretty cool that I learned from Fred Langa's column and newsletter.

Fred enthuses about BartPE, a free (as Fred mentions many times in his column) pre-installed environment that gives you what he calls a "zero-footprint installation of XP." He notes that Bart Lagerweij, the author, describes it as "a complete Win32 environment with network support, a graphical user interface (800x600), and FAT/NTFS/CDFS file system support. Very handy for burn-in testing systems with no operating system, rescuing files to a network share, virus scan, and so on. This will replace any DOS bootdisk in no time!"

Here's the money quote:

"This means that if your PC won't boot from its hard drive for some reason, you can use a BartPE CD to start the system, grab files off the hard drive (even if the drive is formatted in NTFS), ship the files to another PC on the network for safekeeping, and then use the tools either on the CD or on the hard drive to effect recovery or repair of the damaged system."

And it's free.

Very interesting, no? Check out Fred's column for all the details and links.

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

Posted by dmk at 08:36 AM | Comments (0)

August 10, 2005

August Issue of Law Practice Today is Out

I'm probably a little biased because I'm an editor, but the new issue of the ABA's Law Practice Today webzine is now available. There are lots of good articles and I recommend that you check it out. Note that the webzine has an RSS feed and that you can also subscribe to a monthly email alert that will let you know when a new issue appears.

I especially recommend the Powerful Pointers for Presenters article that Tom Mighell and I wrote which gives a ton of excellent resources to help you with PowerPoint presentations. But that's just the tip of the iceberg - there are many good articles in this issue.

Just a quick note: We're always on the lookout for good articles for Law Practice Today. It's a great and growing audience and we get your articles published quickly. Take a look at the contributor page for details on how you can submit your article.

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

Posted by dmk at 08:56 PM | Comments (0)

August 09, 2005

Changing Daylight Savings Time Laws May Inadvertently Trigger the Next Y2K Problem?

I grew up in Indiana where, until a recent bout of legislative insanity, there was no need to change the clocks twice a year.

Ironically, to me, that has led to many people saying to me, with a straight face and in all seriousness, "Indiana is so weird - they don't move their clocks." As if the idea of moving the hours in the day while trying to remember "spring forward, fall back" was something other than weird.

Well, in the latest illustration of the law of unintended consequences, there is a growing concern that new legislation changing the dates of daylight savings time may cause all kinds of technological problems that are reminiscent of the famous Y2K problem.

FindLaw published an AP story today called "Longer daylight saving could trigger tech trouble," which sketches out the potential problems and leads me to suspect that the costs of dealing with these nagging little problems will probably cost us more than the intended energy cost savings of making the change.

Pull those Y2K strategic plans off the shelf, dust them off and prepare for a new tech distraction, courtesy of our well-meaning, but sometimes impetuous, legislators.

The money quote from the article, you ask? Here it is:

"Missiles won't be launching but it's still going to cause a lot of hassle," he said.

And a bonus money quote:

"It is unfortunately going to add a little bit of complexity to consumers," said Reid Sullivan, vice president of the entertainment group at Panasonic Consumer Electronics Co. "In some cases, depending on the product, they may have to manually increase or decrease the time."

Yes, he did say manually.

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

Posted by dmk at 07:55 PM | Comments (0)

Reminder about Today's Blogging for Lawyers Webcasts

I wanted to remind all of my readers (and all of their friends) to join Tom Mighell, Raza Hasan (FindLaw's Manager of Product Development) and me today for a free one-hour webinar called "Blogs for Lawyers: Building an Audience to Build Your Practice," brought to you by the good people at Thomson FindLaw.

We'll cover the world of lawyer blogs in general and talk about how lawyers are using blogs and where legal blogs are headed.

The webinar is designed to be at the introductory level, but even long-time bloggers will benefit from the material covered in the webinar.

The Webinar will be produced live twice on today, August 9 and here are the links:

August 9, 11:00 AM CDT

August 9, 3:00 PM CDT

Hope to see you there. Please pass the word along to anyone you think might be interested in this webinar.

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

Posted by dmk at 10:02 AM | Comments (1)

August 05, 2005

Blogs for Lawyers Webinar on August 9

I invite all of my readers (and all of their friends) to join Tom Mighell, Raza Hasan (FindLaw's Manager of Product Development) and me for a free one-hour webinar called "Blogs for Lawyers: Building an Audience to Build Your Practice," brought to you by the good people at Thomson FindLaw.

We'll cover the world of lawyer blogs in general and talk about how lawyers are using blogs and where legal blogs are headed. I have the advantage of already having heard the first rehearsal and can tell you that you will learn a lot of great practical information that I haven't seen or heard elsewhere.

The webinar is designed to be at the introductory level, but even long-time bloggers will benefit from the material covered in the webinar (heck, I learn all kinds of great new things about blogging whenever I talk with Tom).

The webinar will be produced live twice on Tuesday, August 9 and here are the links:

August 9, 11:00 AM CDT

August 9, 3:00 PM CDT

Hope to see you there. Please pass the word along to anyone you think might be interested in this webinar.

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

Posted by dmk at 09:19 AM | Comments (0)

August 01, 2005

CIO Survey Indicates Highest Increase in IT Spending Since 2001

I like to check CIO's magazine's monthly poll of CIOs to monitor trends in IT spending and other areas. In the July results, the CIOs predict an average increase in IT spending of 10.1%, the biggest increase since 2001. Areas of most expected increases include storage and security, but there are predicted increases across the board.

Useful information to know if your firm is looking to cut the IT budget again this year.

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

Posted by dmk at 09:12 PM | Comments (0)

July 28, 2005

Phishing Email Gets More Sophisticated?

Email efforts to trick you into taking some action to reveal information about yourself or introduce spyware or other malware into your computer (sometimes known as "phishing" efforts) have gotten increasingly sophisticated and clever.

But, not always.

Take the first few sentences of an email I just received, please.

The money quote (all typos in original):

"Dear eBay Member,

We recenlty noticed one or more attempts to login into your eBay account from a more IP address and we have reasons to belive that your account has been used by a thirth party. In order to protect your sensitive information or unauthorized listing we temporality suspended your account for further investigations."

My favorite part: "In order to protect your sensitive information or unauthorized listing . . . ." Surely I do want my unauthorized listing protected, right?

At least these phishers have a sense of humor, even if they have no spell-checker or grammar checker.

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

Posted by dmk at 08:48 PM | Comments (0)

July 27, 2005

A Contrarian View of the BlackBerry

I highly recommend Bo Peabody's wise little book, Lucky or Smart? The book gives you Bo's insights into the entrepreneurial experience, as filtered through the dot-com era. Great stuff.

I'm a bit of a contrarian on the whole obsession of lawyers with the Blackberry. See this article on the phenomenon featuring my former law partner Jim Gunn (one of the people who I truly appreciate having gotten the chance to work with during my legal career) for an overview of lawyers' affinity for the BlackBerry. In Jim's case, he has his usual geat sense of humor about the whole phenomenon.

I don't really understand the benefits of the Blackberry in most situations, especially as we enter an era of ready WiFi access. It's a good tool in certain circumstances, but my sense is that some law firms are using the BlackBerry as a way to save money by not buying Tablet PCs, notebooks or full-featured Pocket PCs for lawyers. That's just my opinion.

Peabody has a great quote about Blackberry's that I simply have to share. It's a bit provocative, but it will give you something to think about in connection with the BlackBerry craze.

"Without question, the worst and most dangerous example of this 'constantly reading' phenomenon is the BlackBerry. These little handheld devices send your e-mail to you anywhere in the world, so that you can fill all your free time reading penis-enlargement spam and responding to the generally non-time-sensitive queries of your colleagues. I know people who leave the dinner table to go to the bathroom to check e-mail. This is insane. Of course, it's better than the assholes who sit at the dinner table and answer their e-mail. The best use you can make of a BlackBerry is to buy them for all of your competitors. They'll never have time for another creative thought."

An excellent point, made with humor and panache. If you like the attitude and insight shown in the quote, you'll love the book. I sure did.

[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.

Posted by dmk at 09:39 PM | Comments (0)

July 20, 2005

The Most Important Article You'll Read on Legal Technology This Year?

At the must-read LLRX.com, you'll find John Alber's new article "Delivering Actionable Information To Front-Line Lawyers."

This is a very important article and one that anyone interested in legal technology and law practice management should read and study carefully. . . and then set aside some time to think about its implications. I've heard John speak on this topic and his presentation gave me much to think about that has stayed with me ever since.

It's easy to write off acronyms like KM, CRM and BPM as so much BS, but John's article drives home the point that there is something of real substance at the root of these technology and business efforts, especially when properly understood and creatively implemented. I've long admired John's ability to combine the creative and the practical.

John's article is another example of a recent string of articles I've read and conversations that I've had in which a phrase something like "actionable intelligence" has come up as the focus of the discussion. It's starting to get my attention. I'm curious to hear from others thinking in the same direction.

The money quote from the article:

"Because we can now model engagements to better understand the impact of alternative staffing and pricing arrangements, we can bid on business that our old rules of thumb would have prevented us from seeking. Our lawyers are also becoming increasingly astute about the impact of their pricing and staffing positions on firm profitability. . . . The more they use these tools, the smarter our lawyers get about economics and the more flexible they become about what pricing and staffing structures they consider."

Fascinating, perhaps profound and definitely highly recommended.

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

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

July 17, 2005

Randy Holloway's Unfiltered Podcast - Show #2 - Randy and Dennis Talk about Lawyers and Technology

Randy Holloway has made the second show of his Unfiltered Podcast available. I was honored that Randy invited me to be the guest for the podcast. We had a good discussion about the sometimes wacky world of lawyers and technology, including topics like Tablet PCs and OneNote, electronic discovery and the uneasy relationship lawyers have with technology and how vendors might better provide and sell tools to lawyers (or, perhaps even better, to clients of lawyers).

As always, it was a lot of fun to have a conversation with Randy, who is a tech person who really understands the implications for of technology for lawyers (in fact, while we recorded the podcast, Randy admitted that he almost went to law school).

Randy will be involved in the big SQL Server 2005 rollout coming later this year and I think I talked Randy into helping me learning enough about what can be done with SQL Server to do a podcast later this year about the implications for the SQL Server in the legal profession.

I encourage you to listen to the podcast (and Randy's show #1) and subscribe to the feed for Randy's blog.

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

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

July 14, 2005

Law Practice Magazine Issue Focuses on Blogging Phenomenon

Thanks to WisBlawg for the great post summarizing the special collection of articles on blogging featured in this month;s issue of the ever-excellent Law Practice magazine from the ABA's Law Practice Management Section.

I wanted to highlight two of the articles.

First, Will Hornsby simply knows more about legal ethics and the use of the Internet by lawyers than anyone else and this article relecting his views about the ethical implications deserve wide reading and study.

Second, we hope that you enjoy the roundtable article on the future of lawyer blogging written as a blogging experiment by my colleagues and me over at the Between Lawyers blog.

Note: These articles are now freely available to the public, but I believer that they will become available only to members of the ABA LPM Section in about a month.

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

Posted by dmk at 10:06 PM | Comments (0)

July 12, 2005

Jumping on the Podcasting Bandwagon

Randy Holloway has pre-announced the upcoming edition of his new podcast in which I'll be making a guest appearance. We're planning to record it on Friday and, tentatively, we'll be covering Tablet PC and OneNote, how lawyers use (or don't use) software and probably a few surprises. I'd like to re-create with Randy some of the earlier discussions he and I had on electronic discovery issues, but I'm the guest and will be happy to discuss whatever topics Randy wants to cover.

What about my own podcast? Oh, I'll think you'll be seeing a few things along those lines happening in the next few weeks. Until then, I'm always happy to put in a guest appearance whenever asked.

My first podcast can be found via this link.

[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.

Posted by dmk at 10:12 PM | Comments (0)

July 11, 2005

Hey, There is Life in Law Firm KM After All

Judy Lamont's article "Law Firms Reinvent KM" may give many people something to think about. I can't count the number of people who have said to me in the last year that nothing is happening in law firm KM or that KM in law is dead. I'll admit to having some doubts a couple of years ago, but I've seen much lately that really intrigues me and makes me at least moderately optimistic that practical, useful KM efforts are happening in some law firms (and, perhaps more significantly, in corporate legal departments).

It's a very useful article with several good examples of actual KM projects in firms.

The money quote, to my surprise, came from me:

"Law firms have become more pragmatic in their use of knowledge management technology," says Dennis Kennedy, a legal technology expert. "They are less concerned about the buzzwords and more focused on what can be accomplished."

Highly recommended.

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

This post brought to you by Dennis Kennedy's eBooks and eBooklets - 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. Help support this blog and get some great information.

Posted by dmk at 08:38 PM | Comments (0)

Getting More Out of the Software You Already Own

One of your wisest uses of your legal technology budget is not buying what you already own. How many times have you done that? Are you sure those are the only times?

Let me recommend that you add to your reading list the article, "Maximize the Value of Your Accounting Software Package," which I found in today's issue of the SmartPros newsletter.

The article summary says:

"Most companies will spend a significant sum to replace or upgrade their accounting or enterprise resource planning software. But many of those same firms use just a fraction of the software's many capabilities."

The money quote:

"In these programs, there are often automatic tools like document imaging systems that will scan an invoice, record it in the system and match it to a purchase order for preapproval," he says. "But users often bypass that feature -- either because they don't know it's there or because they don't know how to use it."

The article suggest four steps for you to consider:

1. Reassess your primary and secondary needs for purchasing the system.

2. Look for duplicate applications in your office.

3. Take advantage of quick customization opportunities.

4. Support ongoing user training.

That's a pretty good to-do list for any organization.

Remember the money that you waste on bad technology decisions (and it's hard to imagine a worse use of your budget than buying something that you already own) prevents you from having money available to implement innovative technologies.

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

Posted by dmk at 07:32 PM | Comments (0)

June 30, 2005

Lunch with Randy Holloway

I was interviewed this morning for an upcoming article about lawyer blogging and ended the interview with my usual comment that the coolest thing about blogging is being part of the community of bloggers and getting to talk with, meet and become friends with other bloggers.

I got off the phone from that interview and had lunch with St. Louis blogger and star Microsoft employee, Randy Holloway. It was great fun and Randy has posted some very nice notes about our conversation on his blog. After those flattering comments, which make me blush, I'll think I'll be buying lunch next time. We have a mutual admiration society going because he is very talented and impresses the heck out of me - and he's fun to hang out with.

I was thinking after Randy and I spoke about some of the difficulties in the field of legal technology. Often, I speak with lawyers who don't quite get technology or the benefits it can bring. More often, the technology people don't understand what lawyers do. It can be quite a disconnect.

That's why it was fun talking with Randy today. He spent a bit of time working at a law firm on a big case with lots of discovery (in the pre-electronic discovery era) before his Microsoft career. He obviously knows the tech side, but he has an uncommon grasp of what lawyers do and how they work. He asks great, insightful questions and has a lot of useful comments and ideas for me. Plus, we get to talk about blogging, podcasting and stuff like that.

I'm also looking forward to getting the chance to see Randy speak at an upcoming SQL 2005 rollout event this fall.

[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.

Posted by dmk at 09:52 PM | Comments (0)

New Issue of Law Practice Today is Out and Has Podcasting Resources for Lawyers Article

As you know, I confess to a little bias because I am an editor and board member of the ABA's Law Practice Today webzine, but the new issue is out, with a solo practitioner theme, and it's great. Lots of good articles and columns.

I must especially recommend Tom Mighell and I's "Strongest Links" column, called "MP3s, Podcasts and Internet Audio Resources for Lawyers," which points to a variety of great resources for lawyers interested in podcasting, either as consumers or producers.

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

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

June 29, 2005

Answering Your Questions About Internet Telephony

I've been thinking a lot about Internet telephony (VoIP, Skype, et al.) after seeing a great presentation on VoIP and demo by Christian Na of Mitel in May.

One of the most helpful intros to Internet telephony I've seen is James Gaskin's "Top Ten Questions People Ask About Switching to Internet Telephones." For more reading, you can grab a chapter from his forthcoming book on the subject - Talk is Cheap: Switching to Internet Telephones - on the O'Reilly website (PDF).

As he says, "Everyone leaves home sooner or later, and thousands of people just like you are weaning themselves from Ma Bell every week."

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.

Posted by dmk at 10:37 PM | Comments (0)

A Great Primer on Collaboration Tools

Denham Grey has a great, short primer on the various types of collaboration tools out there today and when, where and why you might find each of them useful. Very helpful, as are the other recent posts on Denham's blog, making it well worth your while to visit.

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

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

June 28, 2005

Is CaseMap's New ReportBooks Feature a Secret Weapon to Improve Client Relations?

The title of this post is a rhetorical question, as you'll see in my article called "Revolutionizing Client Relations with CaseMap's New ReportBooks," just published on the fantastic LLRX.com site. As usual, there are a number of great articles in this edition of LLRX.

I often hear people saying that there's not much "new" or "cool" happening in legal technology. I just smile at them. They ain't looking in the right places, if they that's what they think. There's a lot of cool things out there, You just gotta know where to look.

I've become such good friends with Bob Wiss and Greg Krehel of CaseMap over the years that I don't really pretend to be objective about CaseMap, but I encourage you to read my article, think about the ReportBooks feature with an open mind and fresh eyes, and I think you'll see ways to give your clients some of the things they really want from their lawyers.

The money quote for lawyers:

"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."

The money quote for clients of lawyers:

"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."

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

Posted by dmk at 09:26 PM | Comments (0)

June 24, 2005

My eBooks Now Available at the Professional Marketing Store

A big thank you from me to Larry Bodine for making my eBooks available for purchase at the Professional Marketing Store.

There are three eBooks for you to consider purchasing (and remember buying the eBooks is a great way to support this blog).

1. Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law - 150 tips, action steps, key questions and other insights in the best ways to prepare your firm for and help it thrive in the Internet era.

2. Dennis Kennedy’s Legal Technology Primer - a collection of more than one hundred of my articles articles on a wide range of legal technology topics. From the blurb: "My approach to technology has always been to focus on what helps lawyers and users. I always try to focus on the practical aspects of how a technology can be used rather than on esoteric technical details. I also have the point of view of a practicing lawyer. This combination has, I believe, accounted for the longevity and popularity of many of my articles."

3. Unlocking the Secrets of Legal Technology and Technology Law: Finding Your Way in the First Internet Era - A "best of" collection from all of my writings on legal technology, technology law and other musings, including some of my favorite blog posts, all in one collection.

Check out the eBooks, consider buying one or more to supoprt this blog, and take the time while you are there to browse the other offerings at the Professional Marketing Store.

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

Posted by dmk at 09:46 AM | Comments (0)

June 22, 2005

Congratulations to Jim Calloway and the Other TechnoLawyer Award Winners and Finalists

The annual announcement of the TechnoLawyer @ Awards is out. Neil Squillante at TechnoLawyer has created a great tradition to give some recognition and props to some of the best people and products in the legal technology field. Check out the list of this year's winners.

I wanted to single out my friend Jim Calloway for winning in the "Favorite Law Practice Management Blog" category. I've done presentations with Jim on a number of occasions and had the pleasure of serving on the TECHSHOW Board with Jim for the last two years. We've worked hard, had more than a few laughs and I'm endebted to him for many things, not the least of which is taking us on a evening trip to the site of the Oklahoma City Bombing Memorial.

Jim and I spent some time together at the Missouri Solo and Small Firm Conference a few weeks ago, got the chance to speak together on stage for the first time in ages, and got to spend some time together without talking about TECHSHOW planning. We also talked a bit about this award and Jim's chances for winning it. No one deserves it more than Jim. I know how delighted he is about winning this award, but I'll let you in on a little secret - I'm even more delighted and happy than Jim is that he won. He's done so much to help lawyers in their practices and it's great that he gets this recognition and public pat on the back.

Unfortunately, there's no cash prize for the award. Perhaps Jim's employers might find room in their hearts for a little raise or bonus in recognition of the work Jim has done, the high regard in which he is held, and the good reputation he has generated for the Oklahoma Bar.

Congratulations, Jim. A job well done, my friend. Keep up the good work.

Check out the list of winners to see some new names, some familiar names and to get a good view of what products are attracting the most attention in the use of technology in the practice of law.

Another great job on the awards from Neil - although I still miss the online awards ceremonies that Neil used to do. TechnoLawyer continues its tradition of being a must-read for anyone interested in the use of technology in the practice of law.

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

Posted by dmk at 04:13 PM | Comments (1)

June 13, 2005

Jim Keane, Legal Technology Pioneer

The legal technology is a small and close-knit community and it was sad to hear about the death on Friday of Jim Keane, who lost a battle with lung cancer. Jim was instrumental in a number of initiatives, including Legal XML, and recently had been focusing on the subject of e-lawyering.

I saw Jim at LegalTech in New York in January and got a brief chance to visit with him. He was looking good after a series of treatments. I enjoyed getting the chance to chat with him. He, not surprisingly, urged me to get involved with the ABA's e-lawyering task force that he helped found and seemed full of energy and ideas. It was sad to hear the news.

He'll be missed by the legal tech community.

Contributions may be made in his honor to the American Lung Association of Maryland, 14435 Cherry Lane Ct., Suite 310, Laurel MD. 20707.

There is also an online guest book that you can "sign" at
http://obit.pumphreyfuneralhome.com/obit_display.cgi?id=229739.

The ABA Law Practice Management Section has placed a memorial to Jim on the front page of its website, something I'm sure Jim would have appreciated and something that honors his service to LPM and his legacy and friendships in the Section.

Posted by dmk at 08:00 PM | Comments (0)

Back from the Missouri Bar Solo and Small Firm Conference

One of the most enjoyable conferences I get to attend and speak at each year in the Missouri Bar’s Solo and Small Firm Conference. Thanks to Linda Oligschlaeger, her staff, and a large committee of dedicated volunteers led by David Ransin, it is so much fun and so well-managed.

This year, I got the chance to do some presentations with my nationally-known speaking pals Jim Calloway and Ross Kodner. We’re often at the same conferences, but too rarely get the chance to speak together. That was a special treat this year.

I spoke at three sessions: computer security, wireless and mobile computing, and 60 Tips in 60 Minutes. I’d be happy to send you a copy of my materials for the computer security session if you email me your request to denniskennedyblog @ gmail.com.

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

Posted by dmk at 07:53 PM | Comments (0)

June 01, 2005

Announcing My Endorsements for 2005 TECHNOLAWYER @Awards - Part 1 - Blogs

It's time for the annual voting for the TechnoLawyer @ Awards, which honor favorites in a variety of legal technology categories as voted on by the members of the TechnoLawyer Community. TechnoLawyer.com is a must-join resource for those interested in the application of technology to the practice of law.

The @ Awards are a great way to recognize some of the best products, services and people working in the field of legal technology. I'm proud to be a past winner of some @ Awards.

This year, I thought I'd make my voting more transparent than it has been in the past and post from time to time my votes and endorsements for some of the categories.

I'll start with my endorsements in the two blogging categories: Favorite Law Practice Blog and Favorites Practice Area Blog.

Favorite Law Practice Blog: While there are many worthy candidates, I'll be voting for Between Lawyers (http://www.corante.com/betweenlawyers/), the group blog Denise Howell, Tom Mighell, Marty Schwimmer, Ernst Svenson and I created as part of the Corante family of blogs. Perhaps I'm not being objective on this one, but I'm impressed by the quality of the blog and the blog's goal of opening up some of the doors the legal profession has traditionally kept closed. I also like the Between Lawyers blog's track record of providing fresh insights into the practice of law in addition to providing tips about practice issues.

Favorite Practice Area Blog: This category title perfectly describes my feelings about leading legal blogger Marty Schwimmer's The Trademark Blog (http://trademark.blog.us/blog/). Now entering its fourth year of existence, The Trademark Blog is both a textbook example of how a practice area blog should be done and a genuinely enjoyable regular read, even if you are not working in the area of trademark law. It's difficult for a blog focused on a specific practice area to cross-over into other audiences, but The Trademark Blog, with its insight and wit, has definitely developed an audience that extends well beyond its trademark lawyer base.

Those are my endorsements. To vote, go ahead and join the TechnoLawyer Community (free registration required) and obtain your ballot and vote.

For a handy list of some of my other favorite legal blogs, be sure to check out my now-famous Blawggies post.

As always, I'd much prefer that you exercise your best independent judgment rather than be swayed by endorsements from me. I mainly want to get you to think about the categories and to give consideration to some of the blogs I like best these days.

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

Posted by dmk at 07:36 AM

May 31, 2005

Barchives.org

One of my favorite people in the legal technology field in Toby Brown at the Utah Bar. Toby sends me the news of his new effort to adapt the blogging approach to the world of bar associations and provide information about the operation of bar associations. It's called Barchives.org (http://www.barchives.org).

The topic may seem a bit esoteric, but, believe me, if Toby and Lincoln Mead are involved, it will have lots of worthwhile information and you will be rewarded for visiting or subscribing to the feed.

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

Posted by dmk at 03:26 PM

Sorks and Other Network Varmints Join Worms and Phish as IT Issues to Worry About

I love this article from Network World about the impact real-world animals can have on computer networks. As if there isn't enough to worry about in the electronic world, now we learn of the dangers from rodents, such as the Swedish sork, and other animals to computer and communications systems.

The article brought a tiny tear of nostalgia to my eye because my very first legal technology column ever (for Lawyers Weekly USA) was called "The Case of the Malfunctioning Modem," in which I showed how I applied my Sherlock Holmesian diagnostic techniques to find that a squirrel had chewed up the phone line to my house.

My favorite quote:

"We have to send out service men on a daily basis to take care of the damage being made by the woodpeckers," he says.

The money quote:

"I've actually seen armored cable chewed through."

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

Posted by dmk at 03:26 PM

May 24, 2005

A Use of Tablet PCs and OneNote That Caught My Attention

Via Robert Scoble:

Engadget covers some cool uses of Tablet PCs and Microsoft OneNote by Indy 500 teams, showing a way to combine one of my favorite technologies with one of my favorite sporting events.

Have Tablet PC and OneNote, willing to travel to Speedway, Indiana for the weekend.

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

Posted by dmk at 10:28 PM

May 16, 2005

RMail - Receive the Feed for This Blog Via Email

I'm such a big fan of RSS and newsreaders (I use FeedDemon) that I sometimes forget that not all of the readers of DennisKennedy.Blog use a newsreader or consume the RSS feed rather than visiting the blog on a regular basis.

RMail from KBCafe is a new service that allows you to enter the URL for the feed for this blog (http://www.denniskennedy.com/index.xml) and your email address, and you will automatically receive my new posts by email. I still recommend using a newsreader, but this will give you an email option for subscribing to my RSS feeds and blog posts.

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

Posted by dmk at 10:52 AM

May 10, 2005

Talking About KM in Law Firms

Knowledge management is definitely one of the areas of legal technology where I feel like I don't get as many opportunities to speak, write and work as much as I would really like. It's a topic I really enjoy and some of the most gratifying responses to my work have come in the area of KM.

So, it was a nice treat today to get the chance to talk with one of my favorite writers who covers KM, Judy Lamont of KM World, about current trends and developments in KM in the legal profession for an article that will appear this summer.

My take on the subject is that there are a lot of new developments giving the area more momentum than many people expect. The reason can be summed up in two words: "practical applications."

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

New for 2005 - Dennis Kennedy's electronic discovery seminar - Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery

Posted by dmk at 10:02 PM

May 09, 2005

Never Too Early to Think About ABA TECHSHOW 2006

In a few days, I'll be rolling up my sleeves to start work with the rest of the TECHSHOW board on planning TECHSHOW 2006. 2006 will mark the 20th anniversary of the ABA TECHSHOW.

I know that the question on your mind is: "how can I make Dennis's job on the TECHSHOW board a little easier?"

Well, I have three answers for you:

1. If you have ideas for session topics, send them to me (denniskennedyblog @ gmail.com).

2. If you have ideas for speakers (including yourself), send them to me (along with some supporting info) (denniskennedyblog @ gmail.com).

3. If you or your company wants to learn more about sponsorship and exhibitor options, let me know (denniskennedyblog @ gmail.com).

Ideas for sessions will be the most useful to me right now.

Thanks for your help.

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

Posted by dmk at 10:05 PM

Tablet PC Train Keeps a-Rollin' - The Law Practice Version

From Doug Sorocco of the rethink(ip) crew comes his story of his recent experimentation with a Tablet PC and the noteworthy list of uses he has found for the Tablet PC.

Doug makes an observation that all IP and technology lawyers should think about carefully:

"IP lawyers spend most of their time in the trenches with technology and science innovators (well, at least they should be) – any tool that improves interaction and communication is well worth incorporating into the mix."

For my recent thoughts on Tablet PCs, see this TechnoFeature at TechnoLawyer.com.

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

Posted by dmk at 09:55 PM

May 04, 2005

Between Lawyers - Multiple Views of the Future of Legal Blogging

OK, I'm probably a little biased, but I'm a big fan of the Between Lawyers blog.

Over the past few days, we used the blog to create a roundtable discussion article about the future of legal blogging. Reading the posts and the comments will give you some good ideas about where all this blawg stuff might be taking us. The article is done, but you can still join in the discussion by posting comments.

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

Posted by dmk at 11:23 PM

May 02, 2005

Previewing Firm360

One of the fun things I've been able to do this year, even though I usually can't write about it, is to get the grand tour of some new legal tech programs and services that are still in beta testing.

Thanks to Doug Hoover and Kyle Christensen I got a Webex look at Thomson's new Firm360 service that will be unveiled later this year and permission to write a little bit about it.

To the extent that category descriptions are useful, Firm360 will be Thomson's entry into the world of competitive intelligence, market intelligence or one of the other catchphrases for this area of information services.

However, I don't like to get too hung up on categories.

What I saw was a service that can give a lawyer or a law firm the kinds of information I've always wanted to have about my firm, competitor firms, clients and potential clients to make solid business decisions based on facts and not speculation.

Of course, the service gives you access to a combination of Thomson and public databases, but what got my attention is the way you can look at information in a variety of different and useful ways, look at trends as well as details and put information together in ways that actually help you make decisions.

At the end of the demo, Doug and I were talking about getting "actionable intelligence," which, of course, is as incomprehensible a term as "competitive intelligence" or "knowledge management." However, by the end of a demo, you might appreciate why we thought that term really explained the benefits of what I saw.

One of the most interesting applications of this service is to take advantage of easy-to-produce reports to provide exactly the kinds of information that corporate counsel are always saying they want. The ability to quickly assemble reports in a few minutes that might take a hundred or more hours to produce by hand is very attractive to me and will probably catch the attention of law librarians and others who are now producing these types of reports.

Firm360 has a website, but the offering is really more at an alpha, not even a beta, stage. Doug Hoover, Director of Marketing for Firm360, is the person to contact if you want to get more information about this service.

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

Posted by dmk at 09:01 PM

April 21, 2005

New Corporate Legal Department Technology

Alan Cohen does a great job of covering the current state of affairs for technology in corporate legal departments in his article called "The Killer App" in Law.com's Corporate Counsel magazine.

Alan's article is an excellent analysis of and companion piece to the release of Corporate Counsel's technology survey of corporate legal departments. I highly recommend the article and note that Alan was kind enough to include a few quotes from me on knowledge management and other trends in technology for corporate legal departments.

The key message for both corporate legal departments and their outside law firms - OPPORTUNITY.

Thanks both to Alan Cohen for yet another of his consistently excellent articles and to Genie Tyburski for pointing me to the article. Genie's site, newsletter and feed are great examples of the valuable, but too often under-rated and under-appreciated, work that law librarians are doing these days.

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

Posted by dmk at 07:17 AM

April 19, 2005

Surprised by Surprise over Lack of Awareness about RSS Uses

When Tom Mighell and I were working on BlawgConnect 2005, I was struck by how difficult it was to find the names of some legal bloggers on their blogs, let alone their contact info. I take some criticism for the name of my blog, but people at least whose blog it is.

I wanted to credit the author of the Legal Search Marketing Blog for the post called "Track Your Firm's Key Information via RSS Feeds," but I could not find the author's full name. So, chris at chicagoweb.com, I enjoyed your post, even though I started to get the feeling that "search marketing" had a different meaning for me than what you intended.

Be that as it may, Chris points to a post by Kevin O'Keefe (great new picture Kevin on his blog!) lamenting the total lack of awareness he found recently about the ways law firms (or anyone else for that matter) might make better use of readily-available RSS tools to track information.

I'm surprised by the surprise. Tom and I talked quite a bit about this topic in our session on RSS feeds and news aggregators at ABA TECHSHOW 2005 (and I felt like I was seeing lightbulbs going off over peoples' heads during that part of the session, but that might have been Bob Ambrogi snapping pictures). Anyone who is brave enough to ask me the question "Why are you so enthused about RSS?" is likely to get a few minutes on this very topic.

I thought the potential uses of RSS were much more obvious than they seem to be. The points mentioned in Chris's post reflect just the tip of the iceberg, as they say.

Look for announcement very soon about a new focus for me on a line of RSS-related and advanced blogging consulting services.

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

Posted by dmk at 09:20 PM

April 14, 2005

I'm Speaking on Transitioning to a Solo or Small Firm Practice Next Week

I'll be speaking at a seminar in St. Louis on April 19. The seminar is called "Transitioning to Solo & Small Firm Practice: How to Make It a Success." I'll be speaking at a session called "Technology for the Solo and Small Firm Practitioner - Lawyer’s Perspective" and participating in a panel discussion.

If you get the chance to go to the seminar, please say hello.

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

Posted by dmk at 11:36 PM

April 12, 2005

By Request Tuesday - "What newsletter(s) (law, tech, computers, etc.) should every geek attorney receive?"

I assume that you are using the term "geek attorney" in the most positive sense of the term. I also note that you used the word "receive" rather than "read" in your question. I'll have some thoughts on that, maybe more than you want, at the end of this post.

Blogs have greatly changed the dynamic and my answer. It's increasingly difficult for print publications to compete for "attention space" with blogs.

The questioner mentioned a post of mine last year that praised the PLI Lawyer's Toolbox Newsletter, which is one of several great newsletters from PLI. PLI has also moved to RSS feeds for some of its upcoming webinar listings and other resources.

It's an example of some of the great stuff out there. You need to keep your eyes open for stuff that might be useful to you.

I do have some standard recommendations that I'll give and then give you a few thoughts about what I think it takes to develop a level of knowledge about these topics. You might think it's a little harder than it looks.

For print publications, I like the big three of Law Office Computing, Law Practice Magazine and Law Technology News. They each take slightly different approaches. If you're serious, you'll want to read all three.

I'm on the board of the ABA's Law Practice Today webzine, so I may be biased, but it's an extremely good resource and it's free.

TechnoLawyer.com is mandatory, in my opinion.

I also recommend that you subscribe to one of the standard computer magazines. My current choice is Computer Shopper, but any of them would be a good choice: PC Magazine, PC World, and several others. Don't overdo it, but it's good to keep tabs on popular computing issues.

I also like the free trade publications. Again, you only need to read/skim one. The idea is to get a feel for larger trends and the industry. ComputerWorld, InfoWorld and eWeek are examples. You shuld be able to qualify for a free subscription. For bigger issues and enterprise issues, you can't beat CIO, CFO, CSO and that family of magazines. Baseline is one of this type of publications that I think is quite useful.

These give you a great base at almost no expense.

You might also explore some of the specialty trade publications. I really like KM World and eContent, for example. Presentations magazine is great for both presentation skills aricles and info on presentation technology. Many of these are free to qualified subscribers.

If you have areas of specific interest, you'll probably want to find something targeted to those interests. You might find magazines, trade pubs or newsletters. It just takes a little research.

There are also tons of great email newsletters on almost any tech topic you can think of. I like the Microsoft newsletters a lot these days. Tom Mighell's Internet research newsletter often has great practical tips and info.

Almost all of the trade publications have excellent email newsletters. Obviously, you can get inundated with all of these newsletters. I generally scan them and move them by rule into a special folder. That folder then becomes a great research database for me.

It should not surprise anyone that I have a real passion about technology and the Internet and my reading list will confirm that. I also realize that not everyone either reads as much or as quickly as I do, or has the same level of interest that I do, so you want to use good judgment in what you read. Choose some examples from the different categories. You might adopt my "research folder" approach to email newsletters.

However, subscribing to the RSS feeds of legal tech and tech blogs is clearly a great way to go to get selected information identified by bloggers who know what they are talking about.

I also recommend reading at least one or two magazines or newsletters on topics that do not relate to any of these topics. You will often see that they provide new perspectives and help you see tech issues in new ways.

By the way, I can point you in some good directions, but there's no easy way to develop a level of expertise - it takes hard work. And, like all things, the more you know, the more you realize how little you know. I've long had the gift of being able to read very quickly, so that's a help.

Where do I find the time? It's just part of what I do, like how others find time to learn what they need to learn to be good at what they do. It's comparable to the time anyone needs to put into training and practice to be good at anything. I always laugh when someone wonders how I can find things on the Internet or do other things and then wants me to teach it to them in a few minutes. It only took me more than ten years and countless hours to reach that point. You have to be willing to put in some time and effort.

And, my best trick - I don't even try to read everything in all of these resources. Take a look at the table of contents and rip out the articles you want to read. Throw the rest out and then concentrate your reading on what you have ripped out. It's OK to tear up and throw away magazines.

I attribute a lot of what I can do to the speed I can read. You might want to invest in a speed-reading course. In a way, RSS feeds offer you a great way to improve the selection and quality of what you read, effectively making you a faster reader than you might be now.

I also have the gift of being able to read documents upside-down, a great skill for a lawyer - but that's a story for another day.

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

Posted by dmk at 10:07 PM

April 07, 2005

My Tablet PC Article Now Publicly Available as Part of TechnoLawyer Blog Launch

I got a nice note today from my friend Neil Squillante at TechnoLawyer.com. He's officially launching the TechnoLawyer Blog, which will be a great legal technology resource that will supplement the TechnoLawyer website and great collection of email newsletters.

I mentioned the other day that Neil had published my recent article on Tablet PCs as a TechnoFeature on the site. Neil liked the article so much that he's making it publicly available as part of the launch of the new blog as a little thank you to me.

I seem to have hit a nerve with the Tablet PC article. I've gotten much more email responses and blog mentions on this article than any other article that I've written in a while. No wonder I prefer publishing new articles on the Internet rather than in print.

So, check out the article, check out the TechnoLawyer Blog and check out the TechnoLawyer family of newsletters, discussion lists and other features. TechnoLawyer is an essential resource for anyone involved in any way with the use of technology in the practice of law.

Posted by dmk at 10:20 PM

April 05, 2005

Jack Vinson on Collaboration

One of my favorite people I've met through blogging is Jack Vinson. I'll always be grateful to Jack for inviting me to BlogWalk 6.

Jack was at LexThink on Sunday and has a great little essay summarizing a session on collaboration (I actually participated in that session) that raised some fundamental questions in some new ways. Jack brought to the discussion his great insights, his experience in KM and the benefit of his preparation for the class in KM he is now teaching at Northwestern.

Jack summarizes the session well. I have the giant post-it notes from that session and have thought a bit more about the ideas that were raised in that session. In a way, we flipped some of the standard assumptions about the negatives of online or "virtual" interactions on their heads and considered whether they might be positives rather than negatives. In part, we looked at some examples of successful voluntary collaborations where people had never met in person and compared them to unsuccessful collaboration efforts in the employment context.

It might have had nothing to do with the day's topic of "creating the perfect professional services firm," or it might have had everything to do with it.

In any event, if you are considering a KM project, Jack is definitely someone you want to have on your short list of people to help you.

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

Posted by dmk at 11:44 PM

My TechnoFeature Article on Tablet PCs is Now Available

My article "A Field Report on the Tablet PC" has been published as a TechnoFeature on TechnoLawyer.com. A free subscription to TechnoLawyer.com is required, but if you are interested in legal technology, you really should subscribe to TechnoLawyer.

Here's the summary of the article:

"In this article, legal technology expert Dennis Kennedy reports on his move to the world of the Tablet PC. He gives the Tablet PC high marks, highlights ten key observations, and comments on how the Tablet PC has changed his approach to computers in some fundamental ways. He then wonders aloud what it will take for law firm IT departments to equip lawyers with these tools. This article contains 2,172 words."

This article is now available for reprinting in other publications.

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

Posted by dmk at 09:51 PM

March 29, 2005

The Best Article I've Read on Blawging

Reid Trautz points to a great article by Sarah Kellog in the Washington Lawyer that covers the blawg world more comprehensively and more insightfully than any other article I've seen so far. If you want to get a good grasp on lawyer blogging, this is the article you will want to start with.

I would say this even if I wasn't quoted in the article.

I had a great time talking with Sarah when she interviewed me for the article, but I had all but forgotten about it. I'm grateful to Reid for pointing out the article and grateful to Sarah for telling the story of legal bloggers and blogging in such an effective way.

By the way, the money quote from me is this one:

“It opens up a question that is going to become increasingly important as years go by: How do we teach people to evaluate resources critically?”

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

Posted by dmk at 11:43 PM

March 28, 2005

Announcing "Between Lawyers" - An Excellent New Adventure in Blawgland

Let me join Denise Howell, Tom Mighell, Marty Schwimmer and Ernest Svenson in announcing our new joint blogging adventure called "Between Lawyers." Thanks to visionary genius and generosity of Hylton Jolliffe at Corante, we have started a group blog that will join the family of great Corante blogs, all of which you will want to spend some time reading.

The Between Lawyers feed is here.

As Ernie mentions, the five of us have been having a bunch of great conversations on a back channel email list for a while and decided that some of those conversations would work well in a public forum. I'm intrigued by the way that we can use Between Lawyers to take some experimental approaches to blogging and how we can open up the way practicing lawyers work to the public.

As usual, the goal is to be both educational and entertaining. Ernie gives the original derivation of the blog title here. We were also thrilled when Hylton instantly approved our idea to have a "Lawyer X" contributor that we can each use as an avatar for "anonymous" posts.

If our email list is any indication, we'll cover quite a range of topics.

It's worth taking a look at the mission statement for Between Lawyers:

"Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face."

Lawyers are often seen as one of the last bastions of an era when a select group of high priests controlled access to specialized information. The Internet and blogging point us toward the end of that era. In our own ways, we want to be the lawyers in the space between the old era and the era to come.

If we can't reach that high ideal, then the Wayne's World thing would be a good result too.

We hope you visit the new blog and subscribe to the feed.

Posted by dmk at 08:41 PM

March 22, 2005

By Request Tuesday – Weren't You Hinting at Some Big BlawgChannel Announcement a While Back?

Yes. Any day now.

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

Posted by dmk at 11:32 PM

By Request Tuesday – What New Technologies Have Gotten Your Attention Lately?

I noticed this past weekend that I had two new technology obsessions. That doesn't count my ongoing RSS and .Net / web services passions. I also consider my Tablet PC / OneNote thing as more an infatuation with tools rather than a true new tech obsession.

The first of the two new tech obsessions is the newest one and most amorphous. It's Microsoft SharePoint Services and what its potential might be in an outsourced hosting environment.

The second grows out of some conversations I had with Bill French last year and goes back to my interest in the most fundamental concept about XML – the division of content from display. This one is a cool tech obsession because it has a high acronym ratio. It is XML and XSLT and, in particular, the ways you might be able to use XML in Microsoft Office.

I'm still at the thinking, rather than doing, stage in obsession #1, but I'm starting to take baby steps in obsession #2.

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

Posted by dmk at 11:23 PM

By Request Tuesday – Are You Writing Less Frequently about Technology?

No and yes. It appears that I am writing less frequently on technology topics for a few reasons.

1. I've written a good number of chapters for books and articles for print publications that simply have not appeared yet. I'm pretty much in a holding pattern on those topics until those articles and chapters appear in print.

2. I've been working on quite a few new presentations and handout materials. Some conference organizers prefer that you not publish handout materials before you make your presentations.

3. Some people don't count articles on blogging and RSS feeds as "technology" articles, so they "overlook" those writings. It's long been interesting to me how a good number of people seem to think my articles on Internet topics are not "technology" articles.

4. I've been asked on a more regular basis to write on topics that are not specifically technology topics.

5. I've been gradually moving my focus toward Internet technologies in my writing, where I believe there is a lack of coverage in terms of technologies for lawyers, and letting some of the excellent young writers on hardware and software topics for lawyers cover some of those areas.

6. I've published articles in a number of different outlets and stopped writing a regular legal technology column.

I suspect that if you count up all of the articles in the last year or so (something I'm embarrassingly overdue in doing - and am considering hiring some help to get done – or maybe finding someone to do one of those Lawrence Lessig style fan club echo blogs that covers when my articles appear and when I'm quoted), the numbers won't be all that different.

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

Posted by dmk at 11:15 PM

By Request Tuesday – How's the Tablet PC Experiment Going?

Awesome! I'm finishing up an article on my experience with my HP Tablet PC TC1100 to-date that will appear soon as a TechnoFeature on TechnoLawyer.com.

A few preview notes:

1. Add Microsoft OneNote to a Tablet PC and you'll be saying, "Got a Hemi." OneNote supercharges the Tablet PC experience and is the coolest program I've used in a long while.

2. I really like using the stylus instead of a mouse for things like ticking through my email inbox and moving through FeedDemon and reading RSS feeds. Very efficient.

3. I'm a big fan of the smaller form factor and the benefits of a smaller screen when traveling.

4. I'm even more convinced than ever that the Tablet PC is the best computer choice for lawyers.

5. I've changed a lot of my thinking about inputting data. There are times when a keyboard makes sense. There are times when writing with a stylus makes sense. There are times when a stylus makes more sense than a mouse. There are times when an external mouse makes more sense than a stylus. I now have also begun to see speech recognition as a much more usable form of input.

6. The Tablet PC starts to make the "paperless" office more realistic to me. Why take notes on paper when you can take the notes on your Tablet PC and have them in digital form?

7. I'm not yet convinced about the actual utility of handwriting recognition, but I can say that the capability of the software to recognize handwriting is, at times, magical.

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

Posted by dmk at 11:13 PM

By Request Tuesday – Is There a Way to Come to TECHSHOW Just to See Your Presentations?

Of course, you meant "is there a way to attend TECHSHOW just for one day without paying the full registration fee?"

Indeed, there is. Check out the TECHSHOW registration page for special single day rates and, for the bargain hunter, the free exhibits-only option.

We're trying to make it easy for you to attend. There are many options and one might work well for you.

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

Posted by dmk at 11:09 PM

By Request Tuesday – What Are You Speaking About at TECHSHOW and When Are Your Sessions?

Thanks for asking.

I'll be speaking at three sessions, all on Friday, April 1, each with a co-presenter with whom I'm really looking forward to presenting.

1. "The Sky is Falling: Disaster Recovery Planning" – John Simek and I will cover the scary and never-quite-comfortable-that we-have-it-covered subject of disaster recovery planning. We'll give you some ways to try to tackle this beast. 8:30 – 9:30

2. "RSS and News Aggregation Roundtable" - I can't wait for my first chance to do a presentation with Tom Mighell on one of our favorite topics. This session is designed to be an informal roundtable discussion with lots of Q & A and audience interaction. We'll do some demos, share some of our favorite feeds and open up the hoods on our newsreader engines. 10:30 – 11:45

3. "The Annotated Technology Use Policy" – Blair Janis and I will take an in-depth look at the hot topic of technology use policies, including a few words on blogging policies. We'll also take some actual technology use policy provisions apart and show you ways to improve the approach that you take. You do have a policy, don't you? 2:15 – 3:15

In addition, I'll be moderating a session on "Where are We Going? Lawyers as Technology Leaders" on Saturday morning that features a stellar panel of Toby Brown, Ron Friedmann and Marc Lauritsen. I'll probably be talking so many notes that I might forget to do the moderating.

I've gotten a "preview" of the presentations for my sessions and I'm impressed – you will learn a lot in these sessions.

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

Posted by dmk at 11:00 PM

March 21, 2005

BlawgConnect 2005 Update

The legal blogger dinner in Chicago on March 30 is proceeding on course.

BlawgConnect 2005, sponsored by CaseSoft, Thomson West. LexThink and Mirra, will be the largest assembly of legal bloggers to-date and occurs on the evening before ABA TECHSHOW 2005.

BlawgConnect 2005 promises to be an evening of fun and a great chance to meet other legal bloggers (and some of Chicago's well-known bloggers) in person.

We are close to filling up the guest list and are looking for one more sponsor. Email me at denniskennedyblog @ gmail.com for info on either account.

Hope to see you there.

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

Posted by dmk at 08:32 PM

March 16, 2005

The Winning Entry in the Blog Dinner Naming Contest is . . .

We got a surprisingly large number of entries in the naming contest for the March 30 Chicago blogger dinner event thing. Many people submitted the same ideas.

We determined that some names, like BlawgFest and Blawgapalooza, although good names, had the connotation of day-long events. Other names were quite clever, but too long. A few names ran the risk of confirming what many people feel is the inverse relationship between lawyers and creativity.

Interestingly, our winner has chosen to honor the roundly-criticized practices of law firms who have decided to scrub any traces of contact information or biographies of their associates from their websites. Our winner has decided to remain anonymous, perhaps out of fear that he or she was spending time in something other than the pursuit of billable hours.

Oh, yeah, almost forgot. The official winning entry in the naming contest is:

BlawgConnect 2005.

Mark your calendars accordingly. Let me remind that the rules expressly prevent any complaining about the decision of the judges.

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

Posted by dmk at 12:03 AM

March 15, 2005

By Request Tuesday – Is it Really True that You Are Considering Turning on the Comments on Your Blog?

Now, where did you hear that? It's like someone inside my own head asked that question.

I actually am reconsidering my position on comments. Of course, reading another story about someone getting 1,000 comment spam in one day did have a negative impact.

I recently had someone suggest that DennisKennedy.Blog might not really be a blog (despite my apparently unschooled belief to the contrary) because I have chosen not to enable comments. I also recently saw a scoresheet for determining if a blog was really a Blog and began to wonder whether, even though I call this a blog, act like it's a blog and, after all, generate it by means of "blogging software," I really have a blog after all.

I believe that Dante had walled off a special section in Hell for people who create complex definitions and run around looking for ways to enforce them and cry foul on others. So, to the definitionists I say, you win, I don't really care whether I meet your definition of blog or not, I'll just do my own thing and you can ignore me and keep me off your lists. I can live with that.

Anyway, that suggestion had nothing to do with me thinking of enabling comments.

As I've done the "By Request Tuesdays," I've started to wonder if I might do a companion feature like "Here's My Question Thursdays" where I would throw out some of the questions I have (e.g., will someone ever figure out a solution to the non-opening of javascript windows on certain web pages in both IE and Firefox? why do cable channels show the same movies every weekend? what in the hell was going on in the heads of the MI5 producers when they eliminated the three main characters this season and turned the show into a nearly incomprehensible mess, or am I just missing something?). I wondered whether turning on comments for those posts might be a good addition to the email option.

Also, in the recent blogger dinner naming contest, I began to wonder whether letting people submit names as comments might have produced better names as people saw the other submissions and reacted to them.

So, I have begun to toy with the idea of enabling comments for certain posts. However, according to the blogger definitionists, I might have some other priorities to address first if I want to continue to think that I am actually blogging, so the comment enabling experiment might not happen for a while.

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

Posted by dmk at 11:51 PM

By Request Tuesday – Have You Considered This Approach to Monetizing Your Blog?

Here's the question in, more or less, its entirety:

"What if you agreed to do product, service, or publication reviews on which you were contractually guaranteed payment regardless of what you wrote, and guaranteed the right to write whatever you thought? You could link your reviews to an explanation of this arrangement (e.g., "click here for my policy on reviews and product endorsements").

Alternatively, where you have already independently made positive mention of a product (like I believe you said FeedDemon is your preferred newreader), what’s the harm in an unobtrusive paid linked endorsement on your blog ("I use FeedDemon to monitor 523 different blogs and news sources every day!")

People know to take "celebrity" endorsements in other media with a grain of salt; why not the same with bloggers, particularly if not placed in the body of the blog like an infomercial?

And your deal could include speaking engagements on [a general, but related, subject] in which you use [the endorsed product] for demo screenshots, mentioning that you use it personally and receive some compensation from them, but there are other good choices, perhaps even including a handout with urls for competitors."

ANSWER:

I like it, I like it.

A few months ago, I was moving strongly toward an "ads in feed" model. However, I had a few conversations that have made me pull back and rethink that approach.

My gut feeling is that an advertising or sponsorship model is not the best model for bloggers (but, by default, it might become the only model, like it or not). Lately, I've been thinking of something more along the lines of the sports/entertainment model, perhaps a blend of endorsement, relationship, appearances, speaking, preparing white papers and the like that results in the possibility of a substantial payment to the blogger and visibility and marketing value to both blogger and the company involved in the deal.

Obviously, disclosure of this type of relationship is vital, but disclosure on a relationship of this type is easy to do and pretty straightforward. It's not a subtle issue where people might disagree about whether disclosure is required (company X gives you a free copy of its $19.95 software, company Y gives you a gift of a DVD of North by Northwest, you own 100 shares of company Z in your retirement account, a political party pays you to promote a candidate in your blog). If you don't disclose and people find out (any you are dreaming if yu think that they won't), your credibility will take a serious hit.

I think that there is some promise in the types of arrangements described in this thoughtful question (which wasn't even written by me). I'm curious about what others think about this approach. By the way, if you are a company interested in pursuing this type of arrangement, I'm all ears.

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

Posted by dmk at 11:46 PM

March 11, 2005

Seeking Examples of Law Firm Technology Use Policies

One of my sessions at ABA TECHSHOW 2005 is called "The Annotated Technology Use Policy," in which I'll be presenting with Blair Janis, of Ballard Spahr.

I want to use part of the session to walk through the provisions of a few model policies, highlighting strong points and weak points.

I thought it might be useful to use some real-life law firm technology use policies as the models, on an anonymous basis where we would in no way indicate where the policies came from.

So, I have the following offer. If you send me an electronic copy of your "sanitized" technology use policy with your firm's permission to use it, without identification, in our session, I'll give you some general and some specific comments about the policy and how you might improve it and I'll send you a copy of my handout materials and slides for that session.

You can reach me either by using the contact info found on my website or by emailing me at denniskennedyblog @ gmail.com.

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

Posted by dmk at 12:29 PM

March 09, 2005

Announcing the Chicago Legal Blogging Dinner Thing Naming Contest

As many of you already know, superblogger Tom Mighell and I are organizing a "dinner" for legal bloggers and other interested bloggers in Chicago on March 30, the evening before the opening of ABA TECHSHOW 2005. This evening promises to be the largest gathering of legal bloggers ever brought together under one roof.

Let me give you a few details, make a much-anticipated announcement, and then tell you about our naming contest, before letting you know how you might be able to help us, if you are so inclined.

When: March 30, 2005 (sometimes referred to as TECHSHOW's eve), probably starting in the 7:30 or 8:00 range.

Where: The Catalyst Ranch, 656 W. Randolph, Suite 3W, Chicago, IL 60661.

What: A dinner/reception/get-together/good time.

Who: Legal bloggers (lawyers, law professors, law students, law librarians, et al.) and other Chicago bloggers courageous enough to be willing to spend an evening in a room full of lawyers.

BIG ANNOUNCEMENT.

You suspected that legal blogging was a hot topic. Well, it is. We're pleased to announce that the cost of your ticket to the event will be zero, nada, zip.

YES, WE HAVE SPONSORS! We are pleased to announce that we have sponsors who have graciously agreed to underwrite the cost of this event.

Our sponsors are:

CaseSoft

Thomson West

LexThink, Inc.

We have one more sponsor slot open that we will give to the first sponsor to confirm with us. If you are a sponsor interested in this slot, email me at denniskennedyblog @ gmail.com and we'll get you signed up.

This will be a non-profit event, so if our sponsor fees exceed our costs, we will donate the excess to an appropriate charity, probably something related to a legal defense fund for bloggers.

NAMING CONTEST.

Tom and I have most of the details under control, but we've struggled from the beginning with what to call this event.

Here's why:

We did not want to have a sit-down dinner at a restaurant. We wanted to have a place where people could circulate and talk to as many people as possible, rather than spend the evening talking mainly to the people who sat beside them.

So, I have wanted to avoid the word "dinner." Don't worry, however, because we plan to feed you well. The term I hear used these days is "heavy hors d'ouevres." In other words, you'll get something pretty close to a buffet dinner, but it won’t be a sit-down, waiter-serving-you dinner.

That, of course, raises the question: what should we call this thing? "Legal Blogger Dinner / Reception" won’t work – and it sounds like a named arrived at by a committee of lawyers.

In a moment of desperation or brilliance this morning, I came up with the name "BlawgEvent 1.0" and emailed it to Tom. Tom was initially unimpressed, but his efforts to come up with a better name only made him realize (1) how difficult it is to come up with a clever name and (2) how subtly clever the name I thought up really is.

Fortunately, we both realize the folly of actually relying on a name I came up with (look at the name of my blog, for crying out loud).

So, we've decided to have a naming contest for this event. We invite you to submit to us your suggestions for the name of this event on or before March 14. We'll cook up some way to choose a winner and then we'll start referring to the event "[Yourcoolnamegoeshere], sponsored by CaseSoft, Thomson West, LexThink, Inc. and [yoursponsornamegoeshere]."

Prizes for the contest winner, you ask? We're working on that. So far, the winner's prize package will include (1) a CD with my eBooks and (2) Tom and I's comments, suggestions and tips to improve your blog and your blog's traffic. We'll see what else we can come up with.

The contest rules: Use good judgment and decorum in the names you suggest. Give us your real name and contact info so we can announce you as the winner and send you the prizes. Meet the deadline. You also agree not to whine and complain if we pick a name that isn’t as good as the ones that you suggest.

Send your entries by email to denniskennedyblog @ gmail.com and tmighell @ gmail.com.

HOW CAN YOU HELP?

You thought we'd never ask. Tom and I have things under control, but it never hurts to have a little help.

You can definitely help us by getting the word out to legal bloggers and other likely attendees.

If you'd like to help us pick the winning name, handle administrative details, or just help with things in general either before the event or when we get things set up that evening, let us know.

We've already gotten this event about as complicated as I can stand (I just want to have fun and meet people), so, while we always want to hear great ideas, keep in mind that simple is best.

Hope to see you there. Put on your thinking caps and let's start hearing those names.

The Fine Print Legal Disclaimer: You must register in advance. If we run out of room before you register, we'll put you on a waiting list, but cannot promise you that a spot will open up. It's all on an "AS IS" basis and we make no warranties whatsoever. And, of course, our total liability is limited to the amount that you pay for your ticket to the event.

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

Posted by dmk at 09:27 PM

March 08, 2005

"By Request Tuesday" – Should I Go to the ABA TECHSHOW?

Here's a good question that illustrates why, even when blogging, you need to use active listening skills to determine what people are really asking rather than simply answering the literal question.

Consider the literal question. OK, I'm on the TECHSHOW Board, so would you truly expect me to give an answer other than "YES!"?

But, that's not what people are really asking me with this question. It's more in the nature of "Why should I go to the ABA TECHSHOW?"

However, consider the many nuances of even that form of the question. "What reasons can you give me to help me convince a decision-maker to pay for me to go to the ABA TECHSHOW?" "Will I miss anything important if I don't go to the ABA TECHSHOW?" "Is a trip to the ABA TECHSHOW this year worth the investment in money and time I will need to make?"

The question also takes on certain nuances whether I really want to go or whether I am trying to justify my reason for not going.

Sometimes people ask me this question because they want me to convince them to go.

I learned long ago that I really cannot convince you – you can only convince yourself. I can't argue you into doing much of anything. On rare occasions, I might be able to steer information your way so that you reach your own conclusion that happens to be the one that I'd like to see, but I'm never going to convince you to do anything that you can't convince yourself to do.

What could I say that will convince anyway? Suppose I say that you need to go to the ABA TECHSHOW this year because your cushy, stable big law firm job might disappear when your firm becomes a target in the recent big law firm merger mania and you need to know enough about technology to land on your feet and start something new. Suppose I say that you need to learn about what technologies your clients will be wanting from you or else they will leave you. Suppose I say that you need to prove that you work at a firm that will support your efforts to improve your skills and keep pace with technological change. Suppose that I say that you go to all kinds of boring continuing legal education seminars every year and you deserve to go to one that you know will be fun.

I don't think any of those reasons will convince you. Why? Because they come from me, not you.

The answer to the question, as with so many other things, comes directly from your honest answer to two key questions well-known to Babylon 5 fans. They are: Who are you? and What do you want?

The better your answer to those questions, the more easily you can answer questions like "should I go to the ABA TECHSHOW this year?"

You know that I am right, but I know that you still expect me to give a few reasons to help you convince yourself and the relevant decision-maker that you should be going to the ABA TECHSHOW. I won't disappoint you, but I don't expect to convince you either. Here you go:

1. You might actually have fun, learn cool stuff and meet great people interested in the things that you are interested in – for a change. Take the chance!

2. TECHSHOW has great education sessions that are geared to practicing lawyers. You can learn stuff that actually helps you and applies to you and your practice.

3. TECHSHOW speakers are extraordinarily accessible and generous. The new roundtable sessions we are trying this year will make it even easier to talk to some of the leading legal technology experts.

4. You can show people that you are willing to make the effort to prepare for your own future and not just wait around for other people to tell you what you can and can't do.

5. You can learn in one place in a few days the technology options that are available to you. Most lawyers and law firms are concerned about making mistakes in selecting new technologies. The biggest concern: they do not know what their options are and worry that they may miss a better or cheaper alternative because they don’t know about it. Spend some time on the exhibit floor and I guarantee that you become aware of options you didn't know existed.

6. Learn that you are not alone in your interests in and concerns about technology and the practice of law as it exists today.

7. Meet more legal bloggers in one place than have ever gathered together before.

But, as I said, I can't convince you. That's your job. Oh, yeah, the online registration form is here. I hope to see you there, but that's your decision to make.

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

Posted by dmk at 10:47 PM

March 02, 2005

By Request Tuesday - What Are My Lightweight Notebook Options?

OK, it's not really Tuesday, but I got a question today and the answer seemed like good material for the blog. Maybe I'll do the occasional legal tech Q & A post.

Q: I am looking for a very very lightweight notebook (under two pounds?) or a PDA on which I can keep my calendar, run Excel for billing, and take notes during a deposition or trial. Instant On would be nice, but that is probably too much to ask for in this life. Weight is important - I don't want to carry too much weight on one side.

A: Two main ideas for you:

1. Your choices probably come down to the so-called subnotebooks (or a Tablet PC) or something like a HP iPaq Pocket PC or its equivalent.

The Pocket PCs have a lot of features, but are best seen as an extension of your regular PC, not a substitute for a regular PC. If you want to do everything with Pocket PC device that you can with a notebook, you'll be disappointed. A Pocket PC device could do everything that you specify (and, in the case of the IPaq 6300 series, take digital pictures, play a few songs and even serve as your cell phone), but my question is whether you have specified everything that you really want / need to do.

The subnotebooks tend to be more expensive than standard notebooks, but are now very light, but I don't think you can make the two pound target. The weight savings come in two main ways - smaller screen and making the CD/DVD drive an external device. I recently used the HP NC4010 subnotebook and I really liked it - it was very light (3.5 pounds). With these notebooks, it makes sense to go to a computer store, get your reaction to the screen size, heft a few and experiment with using them. The Fujitsu LifeBook subnotebooks generally get very good reviews in this category.

The Tablet PCs are a different approach that I think make sense for lawyers. I'm in the process of converting to an HP TabletPC tc1100 as my everyday computer. The approach is different - you can write on the screen, etc., but, unlike a Pocket PC, it's a full-featured notebook. Slightly heavier than a subnotebook, but definitely worth a look. Again, I'd be sure to try to get some hands-on experience. I think that Tablet PCs are the perfect computers for lawyers, but my recommendation has not started any stampedes yet. I really enjoy using mine.

2. My experience tells me that even if you cut the weight of the notebook, you may still need to carry an external CD drive or other peripherals with you. As a practical matter, you end up carrying the same weight around as if you have a regular notebook. Therefore, it makes good sense to think about notebook bag options as a part of the solution. I currently use two. One is an "everyday" bag that can be used as a backpack. The second is for plane travel and is a wheeled, rolling bag. I'm never in courts, but I'd probably use a wheeled bag as my choice for being in court. Even a small weight can get burdensome if you have to carry it a long way. Note that both the backpack and wheeled options avoid the "too much weight on one side" problem.

By the way, with Windows XP and the current notebooks, a great approach is to put the computer into the stand-by mode rather than turning it off. Waking it up is not exactly instant-on, but it's very fast. You do get instant-on with the Pocket PCs, but the limited functionality may not work for you.

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

Posted by dmk at 09:46 PM

March 01, 2005

In Lieu of "By Request Tuesday," My Interview on The Voice of the Blog

I had a great time a couple of weeks ago being interviewed by Jeff Hill at the excellent The Voice of the Blog. He's posted a portion of the transcript of the interview here. It includes some of my candid observations about blogging and its impact on me, on you and on the world as we know it.

I noticed that I write in shorter sentences than I was speaking in that morning. Feel free to break up some of my comments into shorter sentences. I'm thinking that writing scripts might play a key role in any podcasting I might do in the near future.

Thanks, Jeff. I really enjoyed speaking with you and hope that I was able to help on your project. Jeff has transcripts of his interviews with other business bloggers on his blog. All of them make for fascinating reading.

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

Posted by dmk at 10:35 PM

February 28, 2005

February Issue of Law Practice Today is Now Available

I may be a little biased since I'm an editor and on the board of the ABA's webzine Law Practice Today, but the February issue, with a TECHSHOW 2005 preview theme, is another good one. It's also available via RSS feed or you can subscribe to the monthly email update.

You'll find great tech articles from Dan Pinnington and Joe Kashi. Joe's article, "Is 64-Bit Computing Worth It? A Performance and Cost Comparison," will show you why I think Joe is the best writer on computer hardware you'll find among the legal technology experts, as well as saving you a significant amount of money.

You will also find a new column on Adobe Acrobat tips from David Masters, who wrote the book, a great assortment of columns, and articles on the core topics of finance, management, marketing and technology.

I've written this month's Strongest Links column on resources about disaster recovery and turned a well-received blog post into an article called "What Are the Most Common Mistakes a New Legal Blogger Makes?"

Lots of great stuff in this issue.

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

Posted by dmk at 09:35 PM

Firefox Security Issues - Might Be A Good TIme to Take a Closer Look

I'm getting pretty ambi-browserous these days. Because of the wildly inconsistent approaches IE and Firefox seem to take to javascript windowing especially, I never know when I'll need to switch between browsers.

As I've noted before, I tend to favor Firefox for the tabbed browsing. I'd like it even better if the tabbed browsing worked a little more consistently, but Firefox is a work in progress, and I'll accept a few quirks.

I met Tom Sherman, at JotSheet, in January at BlogWalk Chicago and have become a fan of his blog, which can be funny, irreverent and incisive. Tom has a great post today called "Mozilla Firefox security: User smugness from the Foundation's silence?" on the issues raised by Firefox's approach to security patches, which seem to take the form of quiet version upgrades, and whether that approach is appropriate as Firefox becomes more widely adopted.

I've noticed before that one of the benefits of Firefox version upgrades sometimes was sometimes listed as "improved security." I'd later learn through some of the security blogs that the upgrades contained security patches.

One, perhaps unintended, result of all the euphorious reviews and recommendations to ditch IE and install Firefox to avoid security issues is to lull new Firefox users into a false sense of security.

Consider Tom's analysis:

"Telling your users to upgrade is a viable strategy when your user base is geeks. That's not the profile of the typical FF user anymore. Furthermore, as Firefox's growth slows, we know empirically that users are downloading FF more infrequently. Besides, to the average user, what's the real, demonstrable benefit of downloading and installing Firefox 1.0.1 (which is really just a security patch, similar to a Window Update) when he's already got 1.0 or 1.0PR? In his mind, 1.0PR, 1.0, and 1.0.1 are basically the same programs. At least Microsoft makes it mindlessly easy."

Tom's discussion of this issue is quite even-handed and makes his post important reading for Firefox users.

He also adds some follow-up comments about Firefox's automatic updates being as a welcome feature.

I agree, but here's my difficulty:

The current version of Firefox is 1.0.1. My version identifies itself as version 1.0. I have Firefox set up to check for updates automatically. I also manually tried to update it just now, in two different ways. I get messages that no updates are available.

Am I running an updated version 1.0.1 that is misidentified on the "About Mozilla Firefox Screen" or am I running an version 1.0 that will not update and may have security problems? I don't know.

I might need to download the most current version and reinstall Firefox.

As Tom suggests, I'd guess that if the same state of affairs existed in IE, there'd be quite a bit of uproar.

As I said, I actually like and use Firefox, but it cannot be a good thing to leave users in doubt about security or to make it difficult to run a secure version, whether your name is Microsoft or whether it is Mozilla.

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

Posted by dmk at 08:50 PM

February 26, 2005

Congratulations to PHOSITA - Winner of Best Law Blog in 2005 Business Blogging Awards

I'm a little late on this one, but I wanted to congratulate Doug Sorocco at the PHOSITA blog on winning the Best Law Blog award in the high-profile 2005 Business Blogging Awards.

PHOSITA covers intellectual property law issues and is just one of many great IP law blogs now available.

I'm pleased to see Doug get some well-deserved recognition. This award also helps all legal bloggers by letting the rest of the business world know that there are great legal blogs out there.

A big thank you to Doug and the other nominees for carrying the cause of legal bloggers out into the world at large.

And a big congratulations to Doug for winning the award. Pretty cool!

Posted by dmk at 09:15 PM

February 25, 2005

Beyond Bullet Points - Way Beyond Anything Else You'll Read About How to Use PowerPoint Effectively

People frequently ask me for good books to help them learn to how to do PowerPoint presentations. As I posted here, I always recommend two books, Scott McCloud's Understanding Comics and Jerry Weissman's Presenting to Win. Interestingly, neither is really about PowerPoint.

Last year, I started to add Cliff Atkinson's Beyond Bullets blog to my list. Nearly every post to this blog contained great ideas and tips about presentations, using PowerPoint and telling your stories.

One day, Cliff announced that he had gotten a book deal and would be putting his blog on hiatus until he finished the book. Here's how big a fan I was of the blog – I never removed the subscription to his feed from FeedDemon. I wanted to be sure that I didn't miss the day when Cliff returned to blogging.

His return came recently and I received an email from Cliff asking if I'd like to get a review copy of the book. Would I!!!

I got an autographed copy of the book, called Beyond Bullet Points, yesterday and stayed up a little bit too late, literally reading it from cover to cover in one sitting.

My conclusion is a simple one. If you give any presentations, you have to read this book. If you want to have happy audiences, you want to implement the lessons of this book.

Last summer, I completely overhauled my approach to making presentations. I decided to move aggressively to a "rule of threes" approach and simplify my slides and approach. I also spent a lot of time thinking about a book called American Jeremiad by Sacvan Berkovitch that I read in college. Berkovitch's book analyzed the classic form of American sermon, known as the "jeremiad."

It's a familiar form that goes something like this:

1. There is a shining city on the hill to which we aspire.

2. We, to one degree or another, are sinners in the valley.

3. Here's what we can do to get ourselves back on the path to the shining city.

I decided to adopt this approach with, believe it or not, a presentation on knowledge management for lawyers.

I used the same set of slides for both a 90 minute and a 30 minute version of the same presentation.

And, it worked better for my audience and for me than I had imagined possible.

However, and this will bring us back to Atkinson's book, the jeremiad form did not fit some of the other topics I tried it with, although the "rule of threes" (three main points, three subpoints for each point, and three sub-subpoints for each subpoint) is an approach I've really grown to appreciate.

Beyond Bullet Points emphasizes some of the most important things I've learned while presenting over the years (take your audience from point A to point B, understand what your audience wants to learn, keep the focus on your message, not your slides, and the like), but it also sets out a disciplined system that makes it highly likely that you will achieve these goals.

And it gives you practical lessons and tools, including a heavy emphasis on the "rule of threes" to turn your presentations and your slides into a coherent whole that works for both you and your audience.

The organizing thread of the book is a real-world challenge - can you create a great PowerPoint presentation without using all the boring bullet points? Atkinson's efforts show that the answer is a resounding "YES!!!"

In fact, he shows you several ways to do so. For me, the most impressive is a set of slides that have two words on each slide. Astonishing!

Here's what I like. Cliff takes the ideas I was finally just beginning to intuit and develops a systematic approach that will put the best presentation techniques at your disposal through a set of structured steps and templates.

In the course of the book, however, he also demonstrates that telling a story, especially telling the story that makes sense for your audience, is the necessary foundation. Technique helps you tell a great story, but technique won't save a poor story.

The key lesson, then, is to look beyond the great techniques and work on your story.

There are so many great lessons in this book that is difficult to highlight just a few. I know that I'll be making a greater commitment to storyboarding and scripting. Cliff offers an approach to creating handouts that seems like a sure winner. It's almost impossible for me not to dispense with bullet points for my next presentations - I have to try that approach.

Where the biggest value from the book comes for me, however, is in adopting a "screenplay" acts and scenes approach to a presentation. This approach pulls together so many elements of a great presentation and gives any presentation an excellent and versatile structure.

It also focuses on the notion of "story." Atkinson sets out twelve classic story lines that we have grown to expect. If you organize your presentation along one of these story lines, your odds of bringing your audience with you will increase dramatically.

In the case of my "jeremiad" approach, I had hit on one of the classic story lines. It didn't work in all cases, but now I have at least eleven other story lines to chose for my next presentations, one of which will be suitable to my story and my audience. In fact, I saw that my next two presentations fit well into two different classic story lines.

It's amazing stuff. Lots of distilled wisdom. Structured approaches. Step-by-step instructions in using PowerPoint. Downloadable templates from his resource-laden website.

Thank you Cliff for writing this classic on the subject. It's the perfect answer to the "PowerPoint is destroying the culture" crowd. PowerPoint is a tool and I love see a great craftsperson use a tool well.

I'll be reading this Beyond Bullet Points again and again. You will see its impact in my presentations for years to come.

Ease on over McCloud and Weissman, make a little room on the shelf for Atkinson. I'll be recommending three books to everyone now. And, don't forget about the Beyond Bullets blog (better yet, subscribe to the feed) for ongoing pearls of wisdom.

[Disclosure: I'd be this much of a raving fan of this book even if Cliff hadn't sent me an autographed copy. I was already planning to buy it on the day it was first released.]

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

Posted by dmk at 09:08 PM

February 24, 2005

Looking for a Few Good Sponsors for a Variety of Events and Other Opportunities (Not for Me), Plus a Few Thoughts on Apply Open Source Business Models to Blogging

I've become involved lately in a number of projects where people are asking me if I can help them attract and sign up exhibitors and sponsors. I'm always happy to help out, but I'd prefer not to go back to the same pool of vendors over and over again.

In most of the cases, the events or publications focus on legal technology and will have audiences of lawyers, IT people, office administrators and others interested in law and technology topics. Illustrations would be the ABA TECHSHOW or the Missouri Solo and Small Firm Conference. Often these will be events at which I'll be speaking and I'm just trying to help the organizers out and provide ways to connect the audience to relevant vendors who provide useful products and services for that audience.

There are also other areas that arise from time to time. For example, consider events or publications involved in broader, though still related, topics like those to be addressed at LexThink! Chicago or even charitable or educational events, such as at my daughter's school and elsewhere.

In almost every case, I'm talking about a modest amount of marketing dollars from a vendor. For some events, I can also point out higher dollar / higher exposure opportunities. I like to ask only when I see a "fit" between audience and vendor.

I'm not looking to get involved in the process with each event or opportunity. I simply want to help match up appropriate vendors to these audiences and make vendors aware of opportunities that might be attractive and useful to them. In most cases, I'll make the appropriate introductions, route people in the right directions and step out of the process. I'm just trying to help out the nice people involved in these activities when they ask if I can help them on the vendor side.

If any of these opportunities might appeal to you or your company, let me know and I will follow-up with you. If I get enough indications of interest, I might set up a web page or other means of creating a "clearinghouse" so legal tech vendors, especially, are aware of these opportunities.

Although I'm not looking to turn this into a part-time job, I guess I'd also be willing to hear from vendors who might be looking for appropriate marketing opportunities at these types of events, publications and the like and set up something to help match up interests and events.

Please email at denniskennedyblog @ gmail.com if you have an interest in opportunities I'm already involved with or any of the "match-making" ideas I mentioned. I'd greatly prefer emails to phone calls.

Moving on to a Related and Important Point

For purposes of clarification, at this point, I'm not talking about anything that has to do with my blog, LexThink or other related projects of mine. Those will be handled differently (of course, I'm always happy to talk to you about opportunities with those projects).

As many of you know, I've spent a lot of time thinking and talking with people about advertising, sponsorships, ads in feeds and the like in connection with DennisKennedy.Blog. As I see more and more blogs covered from top to bottom with GoogleAds, I've become far more hesitant about adopting an advertising model for my blog.

Credibility, trust and at least the sense of "objectivity" (I minored in philosophy, so it's difficult for to discuss objectivity as something that really exists – we all are loaded with points of view and assumptions) are precious commodities and the going rate for advertising models strikes me as way too small a price to charge for risking a significant loss in any of those categories.

What's the answer? I'm not sure yet. My latest thought is that some kind of "relationship" model (think of the entertainment industry – a package of appearances, "endorsements," and other elements of an actual win-win relationship that places a fair value on the benefits gained) probably makes the most sense for bloggers, if it can be handled carefully and with disclosure. I'm convinced that the randomly-served ads model is a disaster for bloggers and sponsorships, which initially appealed to me greatly, have their own set of complicated issues. I'm also happy to talk with anyone about these issues, either conceptually or in the sense of something real, because they are difficult issues with significant potential consequences, ranging from impact on credibility to ability for a blogger to pay his or her bills.

I spoke last year for half a day on the legal issues involved in the Open Source licenses. I started to think that blogging had many similarities with Open Source software. For one thing, it seems that some core aspect of blogging – the blog itself, the feed (or perhaps an excerpt feed) - must be free (both as in beer and as in freedom). As in Open Source, the potential for making money from your efforts should(?) come from what you surround the free part of blogging with – services, products, "combinations/distributions," merchandising, seminars, and other things that have long been discussed by Stallman, Raymond, Perens and others in the Open Source (and/or Free Software, in deference to the distinction that Stallman and FSF make about Open Source) movement.

While I have sometime had some fun with the "making money with blogs" vs. "making money from blogs" distinction (which (surprise!) often seems to let the person asserting the distinction justify his or her commercial efforts while criticizing others), there is a core of truth in that notion and bloggers would do well to study Open Source business models (here, here, here, here and here, for starters) before jumping into advertising approaches.

I checked my web traffic stats for DennisKennedy.com recently and saw that I was just shy of 200,000 hits in December, the majority to my blog. That number is staggering to me. Two years ago when I started my blog, I was very pleased with hits in the 10,000 to 15,000 range. However, even if I were to assume a total of 2.5 million hits for 2005 (and, believe me, I know that hits is not a good number to use), I don't know of advertising models that would net me more than a few extra bucks.

On the other hand, if I write about a product or service for lawyers in 2005, it clearly has a significant impact on the level of attention and probably sales of that product or service. However, part of the reason for that impact comes from my credibility and "objectivity." The irony of the situation is that my mention of a product can help the company selling it, but to keep my independence that mention probably cannot benefit me.

Somewhere, in a place far away from advertising, should be a model that accommodates the various issues and addresses the economic realities. I'd love to find an answer that works for me, so I'm always happy to talk with people who have thought of ways to address this issue.

As I suggested, lately some variation on the "entertainment" model seems to hold the most promise.

P.S. A lot of people have mentioned me, my writing and my blog in very favorable terms lately. I greatly appreciate that and try to thank everyone (privately) by email. Sometimes that takes me longer than I might hope, so let me send a big public "thank you" to those people. The feedback on my writing I've gotten lately has been best I've ever received and I'm thrilled that many people find what I'm writing to be helpful and, in some cases, even inspiring.

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

Posted by dmk at 11:53 AM

February 23, 2005

Passion is No Ordinary Word

The Graham Parker fans out there will get the reference in the title.

J. Matthew Buchanan has been in a groove lately on his great Promote the Progress blog. I liked his recent comments on my recent post answering a question about the future of small firm bloggers (short answer: the future is so bright we gotta wear sunglasses).

I recommend his post, which focuses on the word "passion," in large part because he makes the point I was trying to make in a succinct and convincing matter.

Posted by dmk at 11:36 PM

February 22, 2005

By Request Tuesday – Is There Still Room for Small Firm or Solo Lawyer Blogs?

Are you serious? There's more room than ever and better prospects than ever.

The recent focus on blogging by large firms has caused some bloggers at small law firms and solo lawyers to become concerned that there will no longer be a place for them in the blawgosphere.

I must admit I had a bit of concern about whether blogs by individual practicing lawyers could survive when a number of law professor/ law school blogs launched last fall. My concern was that, given how difficult it is to maintain a consistent pattern of posting to a blog, blogs staffed with law student interns gathering the latest and greatest information would overwhelm the efforts by solitary lawyer bloggers. My concern lasted only a few weeks.

Here's what I noticed.

1. In the blog world, the clear individual voice carries more weight than a more homogenized group voice.

2. In both the law school group blogs and the big law firm blogs I've seen to-date, there is a tendency to move toward a high quantity of posts on a daily basis. At the same time, there is also a tendency to move away from assessing the importance of the information in each post. If you make 20 posts a day and do nothing to differentiate them or identify the importance of them, you reduce the utility of your blog to your readership and make your blog's feed a likely candidate for deletion from my newsreader. I've practiced law for more than 20 years, I don’t recall many days where there were 20 items related to my practice that were must-reads.

3. In a related sense, blogs staffed by students or associates often have posts that do not show an appreciation of the context of the information being presented or its importance to the audience. In other words, you may not find the experience, expertise and judgment that you find in the blog of a practicing lawyer with significant experience. Note that I used the word, "may." There are blogs that fit these categories that do a great job. If you combine heavy volume and doubts about the understanding and judgment of the posters, you have the perfect recipe for losing audience.

4. Let's face it, big law firms are looking at blogging for marketing purposes. The long-time individual practicing lawyer bloggers (and other individual legal bloggers) are blogging because they have passion for their topics and blogging itself. Blogging has become part of who they are and they understand their audiences' interests and needs. Marketing might be part of why they are blogging, but it's not the only reason – not by a long shot.

5. Personality is a big part of any successful blog. Personality is hard to develop in any group blog. In an official big law firm blog – fuggettaboutit.

6. You want to know how to do a great big law firm blog? Get the star partner who really knows the stuff to blog about his or her area of expertise. Go back to the early days of the lawyers with web pages. Look at Lew Rose and his advertising law website. Yeah, it was Arendt Fox's website, but we all knew it was Lew and it showed his expertise and personality. Look carefully at upcoming big law firm blog launches and you'll see fingerprints of marketing departments all over them. That approach might work, but I'm taking a wait-and-see approach.

7. Big law firms are notorious for twice-a-year "quarterly newsletters" and other efforts that got off to a flashy start and then went . . . nowehere.

Blogging has been the realm of individual voices. The entry of "official" blogs, blogs by large firms and various group blogs with make the blawgosphere more varied, probably richer and perhaps more "professionalized," but it ain't going to displace all the individuals. Solo lawyers and small firm lawyers will continue to set the pace and drive the most interesting innovation in legal blogging.

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

Posted by dmk at 10:18 PM

February 21, 2005

Search Engine Optimization – "Bump Drafting" Your Google Ranking

I noticed what may be a new search engine optimization ("SEO") effect today. Since I spent the weekend enjoying the Daytona NASCAR action, I spent a good deal of time hearing about and observing the current NASCAR trend called "bump drafting."

"Bump drafting" is a form of traditional drafting in which, as crazy it might seem, the following car actually bumps the lead car. The "bump" pushes the lead car forward and while the following car falls back a bit, it can apparently take advantage of the airflow dynamics so that both cars end up going faster. It's a little dangerous, not surprisingly.

What does this have to do with SEO?

Today, Denise Howell, who coined the word "blawg," posted about her finding that there were 299,000 instances of "blawg" in Google. I ran a few test searches and drew some tentative conclusions.

If you run the "blawg" search, you may get a slightly different number. If you eyeball the results, you'll see why people now think that Google's rankings put a strong emphasis on placement of words in page titles. For example, The Blawg Channel is the #4 ranking.

On the other hand, none of the results will immediately show Denise's role in coining the word "blawg."

If you do a search on "dennis kennedy" (but without quotes), you will see 1,750,000 instances of the term. Hey, I'm the first one and two. In fairness, the name "kennedy" will generate a lot of instances. So, I searched "dennis kennedy" (in quotes). Slightly over 60,000 instances. Interestingly, you will see the priority given to placement of words in the page title.

I also took a look at searches on "blawg," adding the word "dennis" and then the word "kennedy."

Here's the bump drafting concept. In both cases, posts on Jim Calloway's blog that had my name in the title were the #1 ranked items. My blog was #2. As you may recall, when Jim launched his blog, a good number of legal bloggers, including me, mentioned Jim's blog (because we like Jim so much) and his blog shot up the charts in Google. In a way, we gave Jim the "bump" and drafted in behind him in the rankings. It's a fascinating phenomenon. The irony is that, in some cases, you might "bump" someone else farther ahead of you than you expect.

I want to do a little more research on the concept to see if it is a real effect or just an anomaly.

I will note that in the blawg + dennis and blawg + kennedy searches, you will find my post mentioning Denise as the coiner of the term blawg.

Another interesting development. For the first time, I made the first page of responses on a search on the name "dennis." It's unclear whether that's a blog effect or a reflection of a downward trend in the popularity of Dennis Rodman.

By the way, none of this increases my confidence about the use of Google to actually find the information I want.

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

Posted by dmk at 09:00 PM

February 16, 2005

DennisKennedy.Blog Birthday Week – ABA TECHSHOW Discounts!

OK, I can’t really give you my own special discount on the ABA TECHSHOW 2005 registration fee. But I can let you know that there is an early bird discount of $100 that expires on Friday. It makes a difference.

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

Posted by dmk at 08:18 PM

February 15, 2005

The Most Dangerous Move a Driver Can Make Around a Cyclist?

I haven’t gotten a lot of chances to ride my bike this winter. Blame the weather, my inability to get connected with my winter cycling buddy, other burdens and distractions.

Today's ride gave me a chance to shake off some of rust, both physically and in my riding skills.

I was barely three blocks from home when a large SUV slapped the rust off with a move that is truly one of the most dangerous things a driver can do around someone on a bicycle, or any other non-automobile set of wheels. My bicycling guru, Howard Smith, took great pains several years ago when I got back into riding to warn me about this situation. I haven't seen it in quite a while, but it is shocking when it happens.

I mention this to help you think about the situation and, I hope, avoid it.

Here's the scenario:

I'm riding my bike on a through street, watching for traffic coming from the side streets.

Here's the sequence of events:

1. A car approaches from behind as I approach I side street where I've already seen that no cars are waiting at the stop sign. There is no question that the driver of the approaching car has seen me.

2. The car passes me, swinging a little wide. The little bit of a wide swing actually contributes to the problem, because I start to believe that the driver is considerate and giving me extra space.

3. As the car passes, I start to accelerate after slowing slightly as the car approaches.

4. With no signal or other warning, the car makes a right turn across my path onto the side street. If you mapped out the scene, I was probably at the epicenter of the driver's right side blind spot.

5. I hit the brakes hard and, although I'm not saying that I did this, someone without maximum self-control might start yelling at the driver, using language some might find inappropriate. The driver, looking in the rear view mirror and oblivious to what has just happened, wonders what my problem is.

6. (Optional) The cyclist spends most of the rest of his or her ride composing a blog post about the dangers drivers of large SUVs pose to cyclists.

What is shocking about this move is how sudden and unexpected it is and how horrified the driver of the car would be if he or she realized or saw what he or she had done. I'll also note that I was much closer to the car when I hit the brakes than you might expect from the just-the-facts tone of my narrative.

For me, being three blocks into my ride, it actually helped get the blood and adrenalin flowing so I didn’t need much more warm-up.

So, I spent a good chunk of the rest of my ride thinking about safety. It's a big issue because it seems like driver's education classes dropped the chapter on sharing the road with bicycles many years ago. Many drivers simply do not know what to do around cyclists and unnecessarily place cyclists into danger. There is another set of drivers who are aggressively hostile toward cyclists, and proud of it. I actually know some of these people. I will not ride my bike in their neighborhoods.

My conclusion is that I can do nothing less than take on 100% of the effort on my safety and not rely on drivers to accept any of the burdens. It's not that I ride super-cautiously, but I also assume that I am the one who will need to make the extra effort a meeting between and a driver.

Obviously, I believe that wearing a helmet is essential. I also will not wear headphones or listen to music while riding. Being able to hear cars and other dangers is a must.

What I've decided is the biggest danger is unpredictability. That's the key element of danger in the scenario I sketched out above. The car simply does something much unexpected and, unfortunately, in a way that leaves little time to react. A pothole, grate or broken glass is not a big issue if I know where it is or see it far enough in advance. If I don’t know about it in advance, any of these can turn into a big problem.

What I've noticed lately is that it’s the large SUVs that often cause the biggest problems.

A common, easy-to-understand, problem comes with drivers of new SUVs who don't have a good sense yet of how wide they are. They'll often come much closer to a rider than they probably believe they have.

The other thing is the surprising number of times a driver of an SUV will look right at you and pull right out in front of you. It's an amazing phenomenon that used to catch me off guard. You know that the driver is sitting up high enough to see everything and they are looking right at you, but they still pull out in front of you.

After a few of these experiences, I realized that looking at you is a far different thing than seeing you.

Now I have a "safety factor" I assign to any encounter with a car. It works like this:

Safety factor = (looking at you + paying attention + expectation + recognition)

Let me explain.

I wanted to end up with a number for the safety factor between 1 and 100. You might play with the weighting of the elements, but I give each of the four elements a possible score of 25 points. The higher the score, the better.

I think that you need to consider all four elements. Looking at you is not the same as seeing you. The driver must also be paying attention while looking and they must recognize you as someone on a bicycle they need to be concerned about. Recognition improves as expectation increases.

Expectation is a very important factor. During the winter, drivers simply do not expect to see people on bicycles. It's cold and it's not summer. During the winter, I assume a score of zero on expectation. This means that the best safety factor I expect when encountering a car in winter is 75 out of 100. In other words, I simply have to be more careful in the winter.

In the classic SUV pulling out in front of you scenario, I score a 25 for looking at you. I mean, they are looking right at me. Where the problem arises most often is in paying attention. If you see a cell phone in hand, you might as well drop the paying attention factor to zero.

Finally, the driver has to put the whole picture together. They must recognize you as a bicyclist who they must deal with as another vehicle on the road. I ride a red bike and usually wear bright colors, but I often notice that drivers do not recognize that I exist or will be surprised as if I appeared out of nowhere. The issue is one of recognition. If a driver is not expecting someone on a bike, they will generally only see cars – that's what they are looking for.

So, I ride toward a large SUV ready to pull out from a side street. I see that the driver is talking on a cell phone while looking right at me. Assume it is winter time. My safety factor calculation probably goes to 25 and I give serious thought to stopping the bike, getting off of it and standing on the sidewalk or grass until the SUV driver has turned onto the road and gotten out of range.

Another element of safety is position. I can generally do a good job with things that happen in front of me, especially if they occur at a distant beyond the distance required for me to stop. I can also do a pretty good job reacting to things behind me, especially if I'm not wearing headphones or listening to music and if I use a rearview mirror.

The danger comes from something that happens beside me or a very short distance in front of me. I almost have no control over the situation. The "right turn after passing you" scenario involves both of these things.

Let me bring this to an end by talking about the three biggest dangers when riding on a bike trail, or, more accurately, a multi-purpose trail.

I actually found myself in the most dangerous bike trail scenario today, but it is a relatively common one.

In reverse order:

#3. Encountering anyone wearing headphones. It takes ears and eyes to be safe. Walkers, roller-bladers and cyclists listening to music on headphones have a tendency to "zone out." A common effect is that they will "drift" on the path and, unaware of you, put themselves directly in your path.

#2. Inadequately supervised small children who are unfamiliar or unskilled in riding whatever set of wheels they are riding. Please notice all of the qualifiers. The problem is not the children – they are just being kids. It's a parental problem. The closest I've ever come to hitting a child while riding a bike happened on a trail when I had all but come to a stop and a child did the most unexpected move that he could have made (the child was walking). The parents were walking close by, but not close enough and it was almost a real problem, even though I was barely moving and had moved almost as far out on the wrong side of the path as I could move.

#1. Dogs on any kind of long leash, but especially those reel-em-up leashes. Talk about the ultimate unpredictability. Many trails now seem to post rules on this issue. I like dogs (although I'm allergic to them), but they will do unpredictable things, especially if they encounter another dog. Giving a dog enough leash to let the dog cross the dividing line on a two-lane path is inviting a collision. The concept of a reel-in leash is a good one, but you need to know to use them. In my incident today, the owner had about 15 feet of leash out and the dog crossed over the lane right in front of me, bringing me to a stop while the owner figured out how to reel in the leash. A collision between a dog and a bike will not be a good thing for anyone, but tangling up a dog and a roller-blader would be very bad indeed.

As they say, hey, let's all be careful out there.

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

Posted by dmk at 10:23 PM

February 14, 2005

Jerry Lawson is Back in Form and We All Benefit

The best news in the legal blog world is that Jerry Lawson has increased the volume of his posting to his blogs. It seemed to me that he slowed his pace substantially after a serious car accident a while back (perhaps a year or more) involving Jerry and his wife (I believe that both are now doing well) and a period of heavy work demands.

If you hadn't heard the story, Jerry was driving around one of the major circles in Washington DC when a tree fell into the circle and hit his car. Jerry's wife took the brunt of the impact and I know that her recovery has taken a good deal of time.

I've known Jerry for many years and had the pleasure of writing columns and articles with him for a good number of those years, as well as the book project we recently pulled the plug on. I've never found anyone who "gets" the implications of the Internet for lawyers (and others) more than Jerry does.

Well, I noticed Jerry has been linking to a number of my posts lately with favorable comments about them - that means a lot to me.

Yesterday, Jerry wrote about one of his long-time favorite topics - narrowcasting. It's fascinating to me how many times I'll see people grappling with what seem to be new ideas and realize that Jerry spoke and wrote about them in clear, yet sophisticated, ways several years before.

For me, reading Jerry's blogs is like going to the best school I can find. And it's free. I recommend that you find time to attend as well.

Posted by dmk at 08:31 PM

February 11, 2005

Antitrust Law Blog: Big Law Firm Blogs Continue to Appear

Comes now Sheppard Mullin's Antitrust Law Blog, another in the slow trickle of blogs from large law firms.

While I'm generally skeptical about the idea of big law firm blogs, I'm bullish about any initiative that has the talented Tom Baldwin, CKO of Sheppard Mullin, behind it. Tom reports that more blogs are in the works for the firm.

The Antitrust Law Blog fits the model of the Preston Gates Electronic Discovery blog and currently consists of lots of short summary updates of cases and developments. I'm curious how that approach will fare over the long haul when compared to more personal and analytical posts.

For what it's worth, I remain convinced that an RSS feed strategy will be more important to a large law firm than a blogging strategy, but it's good to see a few of the leading law firms at least dip their toes into the blogging world.

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

Posted by dmk at 08:47 AM

February 10, 2005

TechnoLawyer, The TechnoLawyer Blog and Keeping Current on Legal Technology

I've long been a huge fan of Neil Squillante and the TechnoLawyer email lists. It's played a major role in helping lawyers learn about technology and in helping tech-savvy lawyers connect with each other. I'm grateful to Neil for the role he and TechnoLawyer have played in letting people know about me and in providing a forum for my writing. I finally got to meet Neil in person last week at LegalTech New York and had a great time hanging out with him.

Subscribing to the TechnoLawyer list is a MUST if you have any interest in the use of technology in the practice of law, as a lawyer, a client or a vendor.

As part of Neil's continuing quest to improve the already-great features of TechnoLawyer.com, Neil is in the process of launching the Technolawyer Blog, which will have an RSS feed, and you might like to take a sneak peak before the official launch to whet your appetite.

Posted by dmk at 07:12 AM

January 28, 2005

January Issue of Law Practice Today Now Available

I might be biased because I am an editor, but the January issue of the ABA's Law Practice Today webzine is a good one.

A few highlights include Tom Mighell's column on ABA TECHSHOW 2005 speakers who are also bloggers, Andy Adkins (Andy, when are we going to see a blog from you?)on case management software, Fred Faulkner on RSS, Desktop Search, and Collaboration Tools and the usual great collection of columns and articles on finance, management, marketing and technology.

My contributions are a reprint of my 2005 legal tech predictions article (thank you Law Practice magazine) and an article on avoiding disaster in your disaster recovery planning - a preview of my upcoming presentation on disaster recovery at ABA TECHSHOW 2005.

Law Practice Today is a great outlet for writers covering law practice management topics. If you have good articles, let us know about them and submit them for potential publication.

Posted by dmk at 10:17 PM

January 27, 2005

Must-See Legal Technology - Recommind's New MindServer Legal Matters & Expertise

One of the fun things about being me these days is that people keep calling me to show me their cool new products.

Yesterday, I was on the phone with Bob Tennant and Kathryn Rakow at Recommind getting a preview tour of their new MindServer Legal Matters & Expertise, an addition to the MindServer Legal product suite that also includes Enterprise Search. Matters & Expertise extends document search to include a firm’s attorneys, matters, deals, cases and documents associated with any topic.

Anyone who tells you that document and file management in many law firms are not disasters waiting to happen are just whistling in the dark. I've commented on this issue as I've wondered whether large firm document management systems are broken. I've also talked with corporate counsel and corporate execs who have told me that they are afraid to ask their law firms about the state of the electronic records. They really doubt that their law firms can produce anything like a "complete" file with all of their documents.

I've been impressed with what Recommind has been doing for a while. After they showed me a great demo a year or so ago, I was begging them for a "personal" version of the search tools. They've, probably wisely, decided that they had other business to do than create tools for me.

Here's my reaction to MindServer Legal Matters & Expertise. It rocks. It took me only a few moments to see the power and simplicity of this tool. I realy like the way that the search tools focus on what is most important to practicing lawyers in their work. Recommind has clearly listened to lawyers' needs.

I like the way they've expanded the search universe to include not just documents, but "back office" systems and even designated information repositories.

However, the breakthrough, at least for me, is the way the tool focuses on matters and expertise. It makes it easy to find out who in the firm has worked on certain types of cases or matters, who has experience with certain clients or types of clients and other information that it always frustrated me that I couldn't get in my years in large firms.

Is it enough to get me back to a large firm? If I learned a firm was using the Recommind system, they'd get my attention.

Here's what I liked best - you can see the benefits in just a few minutes of demo.

Recommind is exhibiting at LegalTech in New York next week, so you'll get the chance to see MindServer Legal Matters & Expertise there. Even if you are not there, I suggest that you put this product on your must-review list for this year.

I don't have any financial relationship with Recommind - I just like the people there and what they are doing.

Posted by dmk at 10:16 PM

See You at LegalTech New York?

I finally put an end to the Hamlet-like approach to LegalTech New York I've had over the last month and have decided to attend LegalTech this year. I'll also be attending a meeting for the Corporate Legal Standard's newly-created Law Department Benchmarking Standards Panel and Committees, of which I am a member.

My plan is pretty simple - to meet as many people and learn as much as I can about what is happening in legal technology as is possible in three days.

Marty "The Trademark Blog" Schwimmer called me today so we could set up something so we could meet in person for the first time. He expects to be available around 5:30-ish on Monday evening and we're thinking about getting a group of blawggers together for dinner. Although "social coordinator" was at the bottom of the list when I worked with my career counselor, you can let me know if you want ot join us and I'll try to make info about where to meet available. There seems to be quite a contingent of blawggers who will be there.

I'm trying not to put a lot of things on my calendar for LegalTech (especially since this is a last-minute decision) so I can circulate as much as possible. By all means, if you see me, please say hello.

Posted by dmk at 09:57 PM

January 25, 2005

Seven Ways to Avoid Disaster in Your Disaster Recovery Planning and Procedures

What's worse than a disaster? How about doubling your disaster with a disastrous set of discovery plans, policies and procedures?

While no plan can account for every contingency or be totally bullet-proof, the following seven steps will help you avoid adding insult to injury from self-inflicted disasters.

1. Determine Your Core Business, Really. They call it business continuity for a reason. Everything flows from accurately determining what your core business is, including priorities, policies and procedures. Pay attention to what they focused on for both the short term and long term. A common theme is enabling fee-earners to return to generating fees for paying clients as quickly as possible. It's easy to focus too intently on technology issues when the big concern is generating cash flow to keep paying employees and moving forward.

2. Use Scenario Planning. Wipe out the executive committee in a scenario and see how you plan works. Question your assumptions. Run your disaster plan under the Die Hard scenario and see what happens.

3. Write the Plan As If You Will Have to Read it Someday. Imagine you are not there and someone untrained has to pull out the plan and use it. Can they?

4. Negotiate Great Agreements. Firms are starting to look at outsourcing many aspects of disaster planning. What are you third party providers obligated to do under the contracts you have signed? Is it adequate or even helpful? If you do not raise and negotiate issues, I guarantee you that the terms of any contract you sign will be more favorable to the provider than they are to you.

5. Adopt a Portfolio Approach. The modern approach to financial investments emphasizes diversification and mixing low-risk, low-return ("safe") investments and high-risk, high-return ("risky") investments in a basket that reflects your risk tolerance. The same concepts have recently migrated into the world of IT planning. Diversify your risks, responses and procedures.

6. Focus on Failure and Redundancy. Failures will happen and it becomes important to know what happens after the failure. Look at various points in your processes and procedures. Consider what happens when a failure occurs at each of these points and the options that you may have. Can you set up some "elegant failures?"

7. Test Rigorously and Repeatedly. It's important to test your plan, practice your procedures and do so on a regular basis. Lackadaisical practicing and testing guarantee poor results when something bad actually happens.

Conclusion. My best advice is to treat these matters as if they actually matter. Make time for disaster recovery, be a pest at getting answers to your questions, challenge assumptions, develop a thick skin for deal with the ribbing you are likely to take for being "too serious," and keep in mind that we live in volatile and dangerous world.

[Note: This post is an shortened version of an article I wrote for the handout materials for my session on disaster recovery at the upcoming ABA TECHSHOW 2005.]

Posted by dmk at 11:23 AM

January 24, 2005

Mark Lieb Releases Downloadable Litigation Support Book

Mark Lieb has just released the first edition of his book, "Litigation Support Department" as a download at http://www.Litigation-Support.info.

Mark and his brother Larry run the very useful Litigation Support Vendors Association site. This book will be a welcome addition to the bookshelves of litigation support managers and any law firm with a significant litigation practice.

Posted by dmk at 09:20 PM

January 19, 2005

Dennis Kennedy's Annual Legal Technology Predictions Article Published in Law Practice Magazine

The 2005 version of my annual legal technology predictions article appears in the January issue of the ABA's excellent Law Practice magazine (the subscription to the magazine is reason enough to join the ABA's Law Practice Management Section - and the discount on the registration price to ABA TECHSHOW 2005 is icing on the cake).

The article is called "Legal Technology Predictions for 2005: Color My World" and will be available on the LPM website for free viewing for a month or so before it disappears behind the members-only wall.

Note that I wrote this article specifically with the small firm and solo market in mind. My more comprehensive look into the crystal ball will only be available this year in the form of seminars or speaking appearances, although I considering publishing it as an eBooklet or audio program. Sorry, but some of my friends made me swear that in 2005 I would stop giving away so much of my content for free.

In any event, enjoy this article. I think it has a lot of useful ideas and I hope you find them helpful to you.

Posted by dmk at 12:00 PM

January 18, 2005

Why Large Law Firms Aren't Blogging

There's a certain sense of "dog bites man" news that you get when you read Feedmelegal's recent post on the lack of blogging by large law firms. Add it to the list of tech innovations large law firms aren't using.

You may remember how astonished I was with the stories from AmLaw Tech about what the top 100 law firms were doing in 2004 and some were, incredibly, focused like a laser on setting up delivery of faxes on laptop computers! I'm sure that you remember the client surveys where the #1 answer to the question, "what innovation did your law firm bring you?" was "none."

When you are thinking about faxes, you ain't thinking about blogs.

The name of the game big firms should be playing is RSS - properly understood, blogs are a side show, and I say that as someone who really enjoys blogging.

Here's the reason large law firms don't get blogging (let alone RSS). They're talking to the wrong people. Check this out: one large law firm, Preston Gates, has become known for blogging. I spent some time on the phone today talking with the same person Preston Gates talks to - Kevin "LexBlog" O'Keefe.

In my 2004 Blawggie awards, I listed the four people whose opinions I legal blogging I put the most stock in. Kevin was one of them. OK, OK, I named myself as another one, but, darn it, I really get this stuff. I'm into my tenth year of having a website and I've never been more excited about anything on the Internet than the RSS/newsfeed technologies.

The fact is that it is the clients of firms who don't blog and use RSS who are hurt more by the failure of their large law firms to deliver useful information in these ways more than so the law firms are hurt. Check the profits per partner of large law firms this year.

I'm about to announce formally some RSS and blog consulting packages and services I'll be offering in 2005. In the same way that my own interest is in "client-driven technology," I plan to focus more on helping traditional law firm clients get what they should expect for the money they pay their law firms. I'll also offer seminars and speaking on these topics.

Of course, I'll help large law firms if they want, or any other law firms, but if you are concentrating on fax in 2005, we simply aren't speaking the same language.

Posted by dmk at 09:45 PM

January 14, 2005

ABA TECHSHOW 2005 - March 31 - April 2 - BTOBS

Time to reserve the dates for ABA TECHSHOW 2005 - March 31- April 2, 2005 at the Chicago Sheraton Hotel and Towers.

There's lots of information at www.techshow.com, including a blog with an RSS feed. You can register online at the website.

The Early Bird Deadline is February 18th. Register before the 18th to save $100. Many people will also qualify for one of the other available discounts. Now is the time to get your request in to the powers-that-be at your firm and get that check issuance process started.

We've been working on putting the show together, with an emphasis on continuing TECHSHOW's unique emphasis on educational programs directed to practicing lawyers. There will be a great mix of sessions this year and it will be the premier place to meet and hang out with lots of legal bloggers. If you've never been to a TECHSHOW, this would be a great year to attend your first one.

If you have any questions about TECHSHOW, I'd be happy to try to answer them for you. Hope to see you there.

Posted by dmk at 12:18 AM

January 06, 2005

LSVA.com – Excellent Litigation Support Resource

I got a nice note from Mark Lieb recently pointing me to the LSVA.com site, which I found to be a great resource on a variety of litigation issues.

LSVA.com has some great downloads, including a new litigation budget spreadsheet and a very useful document on litigation technology standards. Mark also plans to release a 170-page ebook called "Litigation Support Department," written from the lit support perspective.

The lit support people around the country are doing a lot of great, under-appreciated, work in the trenches. Check out the LSVA.com website and see what this 1,300 member group is doing. It is also is the place to go for hiring lit support talent, with a free job posting process.

Posted by dmk at 11:54 AM

January 04, 2005

Laura Owen - The Tech Evolution: Change or Die

Laura Owen of Cisco gave one of the best presentations I attended last year. She covers some of the same themes in her excellent new article called "The Tech Evolution: Change or Die," which is absolutely required reading for (1) any law firm doing any planning at all for the use of technology and (2) any corporate general counsel or purchaser of legal services.

The most striking moment in Laura's presentation came when she unveiled a simple "wish list" she had for technology tools she felt Cisco's law firms could provide Cisco. There were sixteen items on the list (I have my notes). She was not asking for all of them, but maybe a few of them. In the room were reps of some of the largest and most prominent law firms in the country. Not one of them was willing to say that they could do even one of the items on the list.

I was stunned.

None of the items represented anything like rocket science. I talked to Laura and another Cisco rep after the presentation and confirmed that they were as shocked by the response as I was.

At that point, I noticed the wafting smell of death coming from the traditional approach to the practice of law.

If you want a strategic plan to work from, you cannot do much better than simply working from this article as a blueprint. My notion of "client-driven technology" reflects a similar approach. The devil is in the details of implementation and execution and that's where someone like me, my friend Michael Kraft (with whom I had a discussion on issues very similar to those raised in this article just this morning), or one of the other great legal tech consultants can really help a firm.

My concern continues to be for the corporate legal departments and other clients who work with with law firms and lawyers who do not even get the basics of modern technology and its role in client services, let alone Sarbanes Oxley, record management and retention, and electronic discovery. Can you really expect innovation from firms focused on rolling out faxing from laptop computers?

Change or die, indeed.

We will definitely be discussing the issues raised by Laura's article at LexThink! Chicago in April. There's still time to get on the invitation list.

In 2005, I'll be putting much more of my focus into my consulting practice, especially areas like "client-driven technology." I think that I can do more good helping with corporate legal departments than I can with law firms, but I'm happy to talk with firms that are serious about making changes. Laura says, "Change or die." I might soften it a little and say, "Change or lose your best clients and best people," but that's just an iterim step on a downward spiral.

You don't have to believe me, but you'd better read the article and do some thinking about it.

Posted by dmk at 11:37 AM

December 26, 2004

Dennis Kennedy's 2004 Legal Blogging Awards

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

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

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

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

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

1. Best Overall Legal Blog.

Winner: BeSpacific.com – Sabrina Pacifici

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

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

2. Best Practice-Specific Legal Blog.

Winner: The Trademark Blog – Martin Schwimmer

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

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

3. Best New Legal Blogger.

Winner: The [Non]billable Hour – Matt Homan

Runner-up: LawTech Guru – Jeff Beard

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

4. Best Legal Blog Sectors

Winner: The Intellectual Property Blogs

Runner-up: Legal Tech and Law Practice Management Blogs

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

5. Funniest Legal Blogs

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

Runner-up: Anonymous Lawyer – Jeremy Blachman

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

6. Best Legal Blogging Experts

Winners (tie): Dennis Kennedy, Tom Mighell

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

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

7. Best Legal Blog Trends

Winner: Group Blogs

Runner-up: Law Librarian Blogs

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

8. Legal Blog Trends to Avoid

Winner: Flashy Entry/Quick Exit Blogs

Runner-up: Who Am I Blogs

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

9. Lifetime Achievement Awards.

Ernie the Attorney – Ernest Svenson

Bag and Baggage – Denise Howell

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

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

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

Posted by dmk at 11:15 PM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted by dmk at 11:07 PM

December 22, 2004

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

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

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

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

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

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

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

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

Posted by dmk at 11:19 PM

December 17, 2004

Resolutions for Law Firm CIOs in 2005

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

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

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

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

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

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

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

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

Posted by dmk at 11:28 PM

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

From Wagner's Weblog via Security Pipeline:

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

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

Posted by dmk at 11:20 PM

December 13, 2004

Seconding Tom's Comments on Copernic Desktop Search 2

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

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

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

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

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

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

Posted by dmk at 10:39 PM

December 09, 2004

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

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

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

Posted by dmk at 11:10 AM

December 08, 2004

Dennis Kennedy's 2005 Legal Technology Predictions Article

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted by dmk at 12:04 PM

December 06, 2004

Help Me Research and Article on Mobile Technology for Lawyers?

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

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

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

Posted by dmk at 11:30 AM

To Tech or Not to Tech; Tech Decisions for Lawyers

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

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

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

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

Posted by dmk at 11:22 AM

December 01, 2004

Ernie's Laptop Computer

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

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

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

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

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

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

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

Posted by dmk at 09:03 PM

November 26, 2004

WordPerfect Killed Itself - David Coursey

There's nothing that will get lawyers' juices flowing more than a good debate about the relative merits of Word and WordPerfect.

For the life of me, I still don't understand this phenomenon. However, I will attest to the fact that I've found myself in several discussions this year among otherwise seemingly rational people where glasses were raised in toasts to the glory of WordPerfect 5.1.

My memories of WordPerfect 5.1 are somewhat different. I was mainly living in the Macintosh world at the time. I don't recall the need to memorize obscure key combinations (shift-F7 anyone) as the golden era.

David Coursey's WordPerfect Killed Itself blog post is just what the doctor ordered for lawyers who are WP 5.1 nostalgists to get the blood boiling on a cold winter day. There are also plenty of comments to his post for bonus reading.

Coursey makes a great case for his proposition, although it is unreasonable to expect that anyone can nail the whole story in a few paragraphs.

Anyone who ever struggled with the first version of WordPerfect for Windows (who had the incredibly bad idea to change the common key commands?) will find themselves nodding in agreement to Coursey's central argument.

Although I won't be present at this session, ABA TECHSHOW 2005 will have a bonus informal roundtable session that we are tentatively calling a "WordPerfect Revival Meeting," which we hope will be led by legal technology's leading WordPerfect advocate.

For what it's worth, I think that Word 2003 is the word processing program that really gets it right for lawyers, but that it's OneNote that might well be the tool of choice for lawyers today. Unfortunately, most lawyers aren't yet using Word 2003 and, if I bring up that point to WordPerfect fans, the discussion tends to go nowhere.

By the way, I've heard all of the arguments on the Word/WordPerfect issue many, many times, so there's no need to try to "enlighten" me about the errors of my ways. It's just word processing, after all. There are other programs that can do a lawyer a lot more good.

Posted by dmk at 09:29 AM

November 10, 2004

Today's Scoreboard - Firefox 1.0; Broken Extensions, 8

The blog world has been abuzz with the news of the release of version 1.0 of the Firefox browser. I've been using the Firefox browser from the early days when it was known as Firebird.

To be accurate, I use both Internet Explorer and Firefox, which seems to be a necessity these days since the pop-up blockers of the browsers break websites in inconsistent ways. For example, I couldn't see some important parts of Hertz.com this morning in Firefox, but I could in IE. Other sites break in the opposite direction. Just another day on the web in 2004.

I've become pretty ambidextrous in my use of the browsers and agnostic about the current edition of the great browser wars.

I've generally lived in the IE world for many years, but, frankly, IE has gotten boring and I've never liked the way Favorites work.

Based only on my own experiences, I rank the Netscape browser of the 90s as the buggiest program I've ever used. Some of the books and articles on the history of Netscape suggest that there were good reasons for me to draw that conclusion.

I was a little reluctant to try Firebird/Firefox, but I was won over by the Open Source approach and the rewrite of the Netscape rendering engine.

Most important, however, I was attracted to the tabbed browsing feature. I've been a fan of tabbed browsing since I discovered the now-defunct Clickgarden browser suite a few years ago.

So, lately I find that I was spending more and more time in Firefox as it gradually, and at times painfully, moved toward the version 1.0 release. I've experienced horrific crashes using earlier versions of Firebox, wacky problems, and I don't even try to handle PDF files in Firefox anymore, an approach I've found that other long-time Firefox users have adopted. Don't even get me started on my experiences trying to use Firefox themes.

However, the tabbed browsing and some usability features that I prefer keep pulling me back. And, since it was in beta, I knew and accepted the risks.

The other feature of Firefox that I really want to like is the extensions. I love the idea of extensions - small add-on programs that give you new, specific functionalities. I like many of the extensions I've installed. The concept is so cool and it represents a community and open approach to the browser.

The problem is that everytime I update Firefox, most of my extensions get broken. Installing extensions has often been a baffling and frustrating process. At one point, the default settings kept you from installing extensions and, believe, it was not intuitive what setting changes you needed to make.

Without looking too hard, you might easily find 100 blog posts in the last day or so announcing the releasing of version 1.0 of Firefox and urging everyone to drop Internet Explorer to move immediately to Firefox. You will also see rave reviews of Firefox from people who have only used it for a day or so.

Often, the main argument in these reviews (other than that Firefox is not a Microsoft product) is that Internet Explorer has so many security problems that you need to move to Firefox to be "safe" when you browse. People need to know that Firefox has had its own legacy of security problems. Let me be clear on this point: moving to Firefox doesn't eliminate your need to pay attention to browser security problems and your need to watch for patches and updates. I am critical of Firefox's approach of simply describing new versions as "more secure" rather than clearly stating that they contain important security patches. I have a suspicion that Microsoft would be criticized ever so slightly if it took that approach.

That said, here is my experience after installing version 1.0 today.

Eight of the extensions I installed in the latest pre-release candidate are broken. Probably updates will be available in the next few days. I downloaded and attempted to intall two new extensions. When you download a new extension, you will get a message that you need to close and restart Firefox in order to install the extensions. Many openings and closings of Firefox later, the extensions are not installed and I get the same message. I assume that if I reboot my computer they will install.

Here's my conclusion. I like Firefox a lot. I'm using it right now (in this case, it's IE that has the pop-up blocker problems). I'd like to see it succeed. I'll use it on a regular basis. However, I think that the euphoric and uncritical response to Firefox is troubling. There's a story called the "Emperor's New Clothes" that some of the people cheerleading for Firefox might want to read.

Firefox has tons of potential, but it's clearly a version 1.0 product, not a version 2.0, 3.0 or even a 6.0 product.

For experienced and tolerant users, Firefox has much to recommend it, but for the average and novice users, and for less tolerant and less patient users, Firefox may well turn into a source of frustration. The over-hyping of Firefox may well create a backlash against the product simply because it does not meet overblown expectations created by this rapturous response to its official release. And I say that as a fan of Firefox and Open Source in general, but not a fan wearing rose-colored glasses.

Posted by dmk at 10:22 PM

November 09, 2004

Legal Technology Psychic Hotline?

I was listening to a psychic give on-air readings on the radio yeserday morning. I began to lament, for a moment, the fact that celebrity psychics make more money from these "readings" than I ever will from providing technology consulting services to law firms.

I then noticed Kevin O'Keefe's salute to my prediction abilities about blogs and RSS feeds.

That reminded me that I had recently finished my annual article on legal technology predictions.

Maybe I'm missing something obvious here, I thought.

What about doing a psychic hotline for legal technology, with a hefty fee for each reading?

"I can see that you will finally leave WordPerfect 5.1 behind by the end of 2007."

"No, you are actually wasting more money than you think on technology."

"I see your clients leaving you because of your antiquated technology."

"No, your young lawyers won't believe that Blackberries are the equivalent of Tablet PCs."

"Yes, I definitely see you hiring me to help you out."

I guess the idea of a legal tech psychic hotline will not work.

Kevin O'Keefe is someone whose insights and opinions I really respect. I badgered him with my obsession about the importance of RSS feeds during a phone call a few months ago. I'm slowly convincing lawyers. With Kevin now on board, the total is now creeping up toward the double figures.

I got to spend some time last week with Tom "Inter-Alia.Net" Mighell. To me, Tom is the lawyer who understands this whole blogging thing better than any other. At dinner one evening, someone asked Tom and I about blogging. I swear that we both said at the same time that "it's RSS feeds that really matter." As usual, I saw a puzzled look in response.

As a legal tech psychic, I can confidently predict that most lawyers will be way too late to understand the implications of RSS feeds. For me, though, the feed phenomenon is one party at which I want to be one of the early arrivals.

Posted by dmk at 10:15 PM

November 04, 2004

Predicting The Coming Fad of Writing Articles Predicting the End of the "Blogging Fad"

The blog world played a large role in the election. However, if you remember the time period after the end of the Iraq shooting war, the number of blogs and volume of postings will drop after an event which drives a large proportion of posts has ended.

Commentary on the presidential election has constituted a huge proportion of blog posts for the last few months in particular. There will be an inevitable drop off in postings for many blogs and some political blogs will definitely disappear.

Watch for many nay-saying articles predicting the end of the "blog fad" to beginning appearing over the next few months. I'm just predicting the coming onslaught of these types of articles.

The truth, of course, will be elsewhere. Keep your eyes open for what is really happening.

Posted by dmk at 04:48 PM

November 01, 2004

The Impact of Your Virus Infections on Other People's Email Inboxes

I read a few days ago that another variation on the old and familiar "address book attack" viruses was appearing in the wild. The defenses for these viruses have been available for a long time.

Have we learned the lesson?

Apparently not.

For the last few days, the detritus of the successful attacks of this virus has been showing up in my email inbox, primarily in the form of bounced messages from email servers that are rejecting virus-laden emails resulting from spoofed versions of my email address and virus-laden messages because my email address in the address book of someone who has been infected.

During the last few of these attacks, the auto-generation of bounce messages and the reaction of spam filters vastly increased the amount of traffic on the Internet. Network administrators still haven't gotten the message that the "cure" only makes the problem worse.

If you are wondering why you haven't gotten a response to an important email, you will need to be concerned about the impact of this attack/counter-attack strategy and the unfortunately growing likelihood that your email is now being treated as spam, through no fault of your own, and being blocked by spam filters.

Welcome back to another period when we have to call people to make sure that they got our email messages.

While I enjoy observing the scientific phenomenon, I'd prefer that you take at least the minimal precautions necessary to prevent the effects of this type of "old-time" virus. However, don't do it just for me; do it as part of your basic responsibilities and obligations as a member of the Internet community. When the day comes that the Internet actually goes down, my guess is that this kind of automatic response/feedback looping will be a primary cause.

Posted by dmk at 09:42 PM

October 27, 2004

Electronic Discovery Research Report from EDDix Released

My pal Michael Clark at EDDix, LLC sends me news of the release of their new research report called Electronic Discovery in Litigation: EDD Supplier Landscape. He describes it as "118 pages of solid, primary research and analysis." Michael has tempted me with a free copy for mentioning the report on my blog, so don't tell him that I would have mentioned it anyway. Details on purchasing the report are at http://www.eddixllc.com/sa_supplier_landscape.asp.

I've got to get into this electronic discovery book business. Both Michael's report and my electronic discovery column co-author, George Socha, have published reports on electronic discovery this year that are priced a little bit higher than my $45 500-page eBooks. Maybe I should have consulted with them before pricing mine. I know who will be picking up the lunch check when I see both of them next.

Seriously, though, there is a crying need for good, solid information about what is happening in elecronic discovery. The market for and the impact of electronic discovery over the next few years will be ENORMOUS. Like the Socha Report, the EDDix report represents a major effort to bring some solid numbers and information into what has been a world of guesstimation. Great work!

George and I's new electronic discovery column should be appearing very soon at DiscoveryResources.org. It's called "Eight Simple Steps for Doing Effective E-Discovery." And, don't forget about the great virtual roundtable of 18 experts on electronic discovery that appeared in Law Practice Today this summer, an article I edited that generated me lots of compliments, all of which are the result of the great work of the contributors.

Posted by dmk at 08:32 PM

October 26, 2004

Oh My! Omea!

It's pretty rare that I get excited about a software program when I first try it out, but the Omea Reader from Jet Brains definitely got my attention.

It uses a "dashboard" style of interface to handle bookmarks, feeds, newsgroups and contacts in one handy place and then lets you easily annotate, flag, link and organize all of this items through categories, views, rules and the like. It's quite impressive and provides much of the functionality I've wanted to see in a personal knowledge management tool.

Here's the description from Jet Brains:

"Omea is an extremely powerful yet simple to use Integrated Information Environment. With Omea, you can access, organize, and quickly search all your digital resources, including e-mails, syndicated Web feeds, instant messaging conversations, newsgroup articles, favorite web sites, personal contacts, and even locally stored files (.doc, .pdf, .txt, etc.), all in one easy to use composite interface that’s well organized and efficient to navigate."

The Omea Reader is free since it is in its Public Beta phase (I crashed it a couple of times with some aggressive use, but I remained undeterred).

Thanks to Shimon Rura who lead me to Omea Reader.

I'll give my usual caveat that your experience with any tool in the "personal KM" category will depend on your preferences and requirements. Omea, after just a few days, appears to hit a number of my biggest needs and has a tool set that fits me well. I'd like to see more than one color of flag, but I suspect that its rules and views will accomplish more than simple flagging can.

You might want to check this one out before fawning all over the Google Desktop, which struck me as being vastly overrated. I've liked the lightning fast LookOut for desktop search for quite a while. Google's security and privacy track record still makes me wary of jumping into any Google release early on.

Posted by dmk at 05:14 PM

October 20, 2004

Interested in Exhibitor / Sponsor Opportunities at ABA TECHSHOW 2005?

As you may know (especially after reading the two companion posts), I'm on the Board for ABA TECHSHOW 2005, by any measure one of the premier legal technology conferences held annually.

If you sell legal technology products or services, let me make this personal request that you put TECHSHOW on your list of conferences to consider for exhibitor/sponsor participation in 2005. TECHSHOW is well-known for its emphasis on education and the large number of attorneys who attend TECHSHOW. In addition, a large proportion of the authors, speakers and thought leaders in legal tech will be found at TECHSHOW (one of the factors that makes TECHSHOW so much fun for me).

The general sponsor/exhibitor info you need to get started can be found at http://www.abanet.org/techshow/toexhibit/index.html

I also want to highlight the Technology Training Institutes we debuted in 2004. The TTIs were very popular and well-received and give vendors an opportunity to provide extended demos, presentations and Q & A sessions for attendees who visit exhibit booths or develop interests from other sessions and want to learn more about specific products. See http://www.abanet.org/techshow/tti/index.html for more info.

You are more than welcome to contact me with questions, but because I 'm not involved in the sponsor/exhibitor sales process, I'll quickly reach a point where my knowledge ends and I'll turn you over to the appropriate contacts.

Posted by dmk at 06:09 PM

Have Some Ideas for Sessions Topics for TECHSHOW 2005?

As you may know, I'm on the Board for ABA TECHSHOW 2005, by any measure one of the premier legal technology conferences held annually.

As we look to finalize the schedule for TECHSHOW 2005, I'm interested in collecting any good ideas for sessions topics that people may have. I feel that our working list is very strong, but I also would like to get a sense of what topics are "hot" or of special interest today so we might make appropriate adjustments.

In addition, if you have feedback on TECHSHOW 2004 or other ideas, comments or suggestions for TECHSHOW 2005, please send them to me and I'll carry them to the Board.

Posted by dmk at 06:00 PM

Interested in Speaking at ABA TECHSHOW 2005?

As you may know, I'm on the Board for ABA TECHSHOW 2005, by any measure one of the premier legal technology conferences held annually.

We will soon be finalizing the sessions and speakers. I always like to make an extra effort to learn about new (or former) speakers we might consider for 2005.

Let me first make this DISCLAIMER. I'm only one of nine votes and speakers are selected by the Board as a whole.

If you'd like me to add you to my list of potential speakers, get me the following information:

+ Short bio, listing relevant experience/expertise, prior speaking engagements, et al.

+ A list of topics you can speak on, arranged more or less in order of your preference and/or strengths. TECHSHOW speakers are generally expected to speak in two sessions.

I'll take it from there and can answer any questions.

Please note that we prefer to use lawyers and others in the legal profession as speakers when possible and, in most years, employees or reps of vendors will not be selected as speakers. However, we do have Tech Training Institute sessions that are intended to be vendor-specific that can be purchased by vendors. The TTI sessions can feature vendor reps and employees and were very well-received when we introduced the concept last year. For more info on TTI sessions, see http://www.abanet.org/techshow/tti/index.html.

Posted by dmk at 05:43 PM

Tech Leasing for Lawyers - Law Office Computing

Hey, that's me in print! I publish so much of my writing directly on the Internet these days that it's fun to see an article appear in print.

My article on technology leasing for lawyers appears in the October / November issue of Law Office Computing along with the customary collections of great articles you'll find in LOC each month. You'll need a password available to subscribers to access the article, but, if you are interested in legal tech, subscribing to LOC would be a wise move to make.

Posted by dmk at 05:35 PM

October 10, 2004

Weekend Project: Home WiFi Network Primer

Home WiFi networks make a lot of sense for many people. With prices continuing to drop, they are suprisingly inexpensive and definitely a project that can be done by the do-it-yourself. Computer security remains an issue, but you can address the security issues in a way that gives you reasonable comfort by taking just a few straightforward steps.

CNET has recently published an excellent primer by Mitt Jones for DIYers wanting to install a simple WiFi network. The article is called "Cut the cords with a WiFi network" and is a great starting place for those wanting to install a home wireless network or to tweak and improve an existing one.

If you want to delve more deeply into WiFi Networking, I like Adam Engst and Glenn Fleishman's The Wireless Networking Starter Kit, Second Edition. Glenn is also one of the authors of the Wi-Fi Networking News blog, a great resource on wireless networking news, reviews and other useful info.

Posted by dmk at 11:06 AM

October 08, 2004

70% - A Number to Remember About Computer Security

I like to mention the topic of computer security from time to time, even though I occasionally get the feeling that many other people care about the topic.

Veerle's Blog has a post called "Security, the reality . . ." that paints a compelling, if bleak, picture of the current state of computer security.

Veerle discusses a quite a few startling facts and figures, but the numbers that grabbed my attention were these:

Odds of winning the lottery: 1 in 135,145,920 (0.000000739 percent)

Odds of getting audited by the IRS: 0.58 percent of individual returns

Odds of getting struck by lightning: 300 in 294,330,406 (0.0000102 percent)

Odds of becoming a victim of computer security breach: 7 in 10 (70 percent)

Required reading, at least for the less than 60% of computer users who remember when they last updated their security protection software. Veerle promises a number of follow-up posts, including a set of recommendations for improving your security.

Posted by dmk at 06:23 PM

October 07, 2004

Show me the (IT) Money

Over at The Blawg Channel, I made some critical comments about the technology priorities of large law firms, as documented in the 2004 AmLawTech Legal Technology Survey. Among those comments is my belief that many firms are wasting large amounts of money on misguided priorities.

As a timely companion to my comments, especially for those who want to take some positive actions to stem the money drain, CIO Magazine has just published a special "money" feature issue. You'll need a free registration to read the articles in the issue, but if you are interested in these topics, you should be reading CIO. I especially recommend an article called "Inside an IT Audit," for its excellent inside story of an actual IT audit conducted by a company. It gives you a great "open the hood" view of what goes on, what to expect and the results and benefits you might expect. The entire collection of articles, built around the theme that CIOs and IT directors should know and be able to speak the language of business, is valuable, but I would also single out an article called "Tips for the Budget Masters" for anyone involved in IT tech budgeting.

While my preference is to consult with law firms and legal departments that want to work on innovative projects, I also can assist with IT audits, budget assessments and the like. If a firm is using all of its tech budget on bread-and-butter issues and projects going nowhere or at least in the wrong directions, even modest corrections can free up significant resources to work on projects that will provide some real benefit to the firm's lawyers and clients. In my book, that's a heckuva good thing. However, you don't have to take my word - check out the "Inside an IT Audit" article and see the real-world benefits that were achieved and decide for yourself.

Posted by dmk at 10:39 PM

October 06, 2004

Australia Calling on Legal Technology

I'm forming an opinion that some of the coolest things happening in technology are being developed in Australia. Earlier this year, I had an amazing conversation with Rod Payne at Quickscribe about some of the cool things he's working on in multi-media.

Tonight, I had a great conversation with two members of the management team at SpeedLegal about the current state of document assembly in the legal market. I've been dabbling in document assembly for about 15 years and have gotten to know a number of the leading experts in the field. There were points in our conversation this evening where I felt like we were completing each others' sentences. I so much enjoy talking with people in the tech business who are doing cool things that show a deep understanding of both how people work and how best to help people accomplish what they want to do. I really like SpeedLegal's approach.

I know that I'll be keeping a much closer eye on what is happening in Australian technology. You might consider doing the same. The Internet makes the neighborhood you can live in so much bigger.

Posted by dmk at 09:51 PM

The Cure is Worse than the Problem

My trio of examples in the last 24 hours of how the tools designed to "protect" us have succeeded in making life even harder. Or, perhaps more accurately, more examples of how we live in a world where we are constant beta testers for unfinished programs.

1. I stand second to no one in the belief that spam filters have destroyed the reliability of e-mail. I sent an email to a lawyer yesterday about a potential referral I might send him. In a reasonable world, I could simply use a subject line of "Potential Referral." Of course, we all know that an email with that subject line has about a 2% chance of making past spam filters. So, I spent about 5 minutes crafting a subject that might work and checking the language in the body of the message. The good news is that it made it through to my recipient. The bad news - I found the response accidentally from my colleague in my junk mail folder. In the meantime, of course, the spammers continue to develope techniques every day to stay ahead of the filters.

2. The pop-up blockers are making it impossible to use the Internet. Hey, want a Gmail invitation? I'd like to give you one but I can't find a way to adjust the settings in either IE or Firefox to let me open the new window that contains the invitations. I actually run both IE and FireFox at the same time specifically to provide an alternative when the pop-up blockers kick in. I don't need any instructions or tips - I've tried everything, including enabling pop-ups on the site and compromising my security settings to get some javascript windows to open. The best approach seems to be to try the other browser if one does not work. It's not that I like pop-ups, but I can at least close them. The blockers keep me from using certain sites.

3. Here's my new favorite. I was at a restaurant using the WiFi yesterday and tried to go to my brother's website, http://www.plantingbythemoon.com, which covers a variety of gardening topics. However, a content filter blocked access to the site because it was an "occult" site! Good Lord! I supose I should be grateful that someone is protecting me from my ignorance about the dangers of viewing a site that discusses how to garden and grow herbs and other vegetables, but I trust my brother a helluva lot more than someone's content filter. I don't suppose the filtering company offers any compensation for the audience that they block from the site. Now I have a better understanding of why Howard Stern gets so nuts about the absurd and arbitrary bleeping he gets in various markets. Maybe someone can put together a "satellite radio Internet" where we don't have to ride around with someone else's idea of training wheels.

Posted by dmk at 09:18 PM

October 04, 2004

How to Kill an IT Project

The sad secret of many technology projects in law firms is that they have become time and money sinkholes. As hard as getting tech projects started may seem to technology-starved lawyers in many firms, it is even harder to get the plug pulled on bad tech projects that have no likelihood of success.

I commented on this phenomenon in my article "Seven Easy Ways for Law Firms to Throw Away Money on Technology." Heck, I'd be happy to help you get rid of those projects - just the thought of them bugs me and I'm not even the one paying for them.

In an article called "How to Kill an IT Project," ComputerWorld reports:

"Close to 40% of IT projects fail or are abandoned before completion, resulting in annual financial losses of more than $100 billion in the U.S. alone, according to the Center for Project Management. The center has developed a process called ProjectHALT to help identify and cancel doomed projects early."

There's a nice flow chart to help you evaluate your projects and make appropriate decisions. Sit down with your IT director, use this flow chart and add a pinch or two of courage and save some real dollars.

Posted by dmk at 11:00 PM

October 03, 2004

One Terabyte of Storage for $400

For many years, one of my favorite technology newsletters has been The Harrow Report. Jeff Harrow recently made some comments about the rapidly falling price of hard drive storage, especially in terms of how the ready availability of one terabyte of storage had been sneaking up on us and had, incredibly, recently broken the $1,000 barrier.

$1,000 for 1 terabyte of storage beats the heck out of the $1,000 I spent on a 30 megabyte external hard drive for my Macinstosh SE many moons ago.

The price drops are happening so fast and furious that the $1,000 barrier has been shattered. The "cost for a terabyte" number has been falling so quickly in the last week or two that the $1,000 standard has been shattered.

From the incredibly useful DealNews.com comes the announcement of a deal that takes the price (after rebate) of one terabyte of hard drive capacity to an astonishing $400, assuming that you partner up with another "household." Here's the quote:

"**Western Digital 250GB IDE 8MB cache for $100 after rebate** - 9:38 am

Fry's Outpost.com offers the Western Digital Caviar Special Edition
250GB IDE 8MB cache 7200 rpm hard drive, model no. WD2500JBRTL, for
$154.99. A $55 mail-in rebate yields a net price of $99.99, the
lowest we've seen by $10. Shipping starts around $5. Limit two per
household. Rebate ends October 5.

http://dealnews.com/newsdaily.html?article,73162"

It looks to be fairly easy to break the $1,000 terabyte barrier by shopping Internet bargains, and you might even be able to beat the $400 number.

Jeff Harrow's newsletter was originally called "The Rapidly Changing Face of Computing," and his catchphrase is "Don't blink!" In hard drive storage, both phrases are highly appropriate.

Now, we can begin to consider the ramifications of the availability of this amount of storage at these prices.

Posted by dmk at 09:17 AM

September 27, 2004

Six Secrets of Highly Secure Organizations

A very good article in CIO Magazine called "Six Secrets of Highly Secure Organizations" will help you get a "big picture" overview of security issues for your organization. Highly recommended.

Posted by dmk at 06:50 PM

September 22, 2004

Why Lawyers Do Not Use Document Assembly Software

[Posted to new host server]

I posted this item on The Blawg Channel today:

"In a rousing defense of the importance of "reinventing the wheel," the Anonymous Lawyer lays out some of the main rationales many lawyers use when resisting arguments in favor of adopting document assembly tools for generating drafts of documents. The last few sentences are priceless."

When I thought about it later today, I started to think that maybe I should have put one of those smiley emoticons at the end of the post, but decided to trust that my audience has a sense of humor.

Posted by dmk at 10:25 PM

September 16, 2004

My Debut Video Available on Intel's Website

One of the most fun things I did in the last year was a video shoot as part of Intel's "Centrino Luminaries Program." In the video, I talk about how notebook computers with Centrino chips offer some great benefits to lawyers as I'm seen in a variety of great St. Louis locations. I like to think of it as "my first video," like I was on MTV.

My contact at Intel reminded me today that the video is available on the Intel website your viewing pleasure. Go to http://www.intel.com/business/smallbusiness/testimonials/index.htm and look for the link to the video in the section called "Law Firm."

The video was shot and put together by a great professional crew with whom I had a lot of fun spending a day. I was very pleased with the results, and, after using my Centrino notebook for about a year, I'm an even bigger fan than I was when the video was shot. I'm also pleased with Intel's strong interest in focusing on ways their technology can help lawyers and we'll be seeing more of that.

Check it out the video.

Posted by dmk at 10:04 PM

September 14, 2004

Audio of Last Week's E-Discovery Seminar Available

Last week, George Socha and I presented a webinar on electronic discovery for Fios, Inc. Thanks to the good people at Fios, you can access the audio of the webinar at no cost at the easy-to-remember URL of
http://www107.placeware.com/etc/tree/scfiaa4-SCG/r/ encounter_ccc/6d0q61lmzhl76gzh/wmm-21161/placeware.wmv.

Fire up that iPod!

This was my first webinar presentation. It was so much fun - I'd love to find some more to do. George and I are working on plans for more electronic discovery webinars for Fios in the future.

Posted by dmk at 11:24 PM

September 09, 2004

Required Reading: Steve Gibson on Personal Firewall Software, XP SP2 and other Security Matters

The appropriately-named FirewallLeakTester.com has a great interview with the respected security expert (and former ABA TECHSHOW keynote speaker), Steve Gibson, known to many for his Shields Up security testing web application.

The interview gives a large amount of useful information about the present world of computer security and a realistic assessment of personal firewall software, Windows XP Service Pack 2 and if we will ever be able to feel hopeful about computer security.

The interview is uniformly excellent and sobering. However, there's one part of the interview I got a bit of a chuckle about. Steve says:

"My main advice to parents of younger Internet-using kids is never to try sharing a computer with their children. There is no safe way to share a computer with someone who will opens eMail attachments, downloads software and �gizmos' from the Internet, shares unknown software with their school friends and uses peer-to-peer file sharing programs. In any household with kids, the parents should have a computer that is permanently and forever off-limits to the children, and the children should have their own machine(s). Computers are inexpensive enough now that �giving the kids their own' is definitely the best security policy."

I thought Steve was leading up to a comment on how using a separate computer was the best way kids could protect themselves from their parents' mistakes. Instead, Steve said, "Then the parents can have some reasonable chance of using their own computer safely and reliably. And when the kids' machine collapses under the weight of hundreds of viruses and Trojans and spyware fighting each other for control of the machine, as will certainly result from the kids' inherently unsafe use of the Internet, their machine(s) can be reformatted from scratch, be setup fresh, and then repeat the process of dying from unsafe exposure to the Internet."

I guess Steve's experiences with the habits of parents (especially lawyers) on the Internet is different from mine. In all seriousness, though, Steve's message would definitely include making the effort to teach your children safe computing. I like a book called Always Use Protection: A Teen's Guide to Safe Computing and made reading it a requirement for my daughter.

Gibson's interview is required reading for anyone who wants to get a good working knowledge of Internet security and safe computing practices. I hope that means everyone.

The message continues to be: "Let's be careful out there."

Posted by dmk at 11:20 PM

September 07, 2004

All Aboard the RSS Adoption Train

You may have to trust my judgment on this one, but Andy Seidl's post called RSS Adoption Train-Next Stop: Mainstream may well be the most important blog post you'll read this year.

I make no secret of my admiration for the work that the people at MyST Technology are doing. I also put two long phone calls I had with Bill French in a steadily-growing list of amazing conversations I've had about the path of future technology developments this year. You'll notice that Bill's note to Andy is the inspiration for Andy's post.

The core of the post is here:

"RSS is a disruptive force. It is changing the way people connect with information. I've long believed that the ultimate search technology is one you don't explicitly use. Imagine turning the search paradigm on its head-instead of us finding stuff, why not stuff finding us? Pushing this idea to the extreme, our applications would understand what we are working on and automatically provide us with exactly the information that we need in every specific context. In that scenario, we would never need to search for stuff because the right stuff would find us.

This is the direction we're headed. We have a long way to go, but technologies like topic maps, smart tags, research services, and yes, RSS, are all bringing us closer."

The key message of the post is here:

"But this train is already moving fast and picking up speed every day. Many B2B and B2C value chains are already leveraging RSS to reduce time-to-awareness, capture precious attention cycles, avoid spam-related issues, increase search engine visibility, create a branded desktop presence, and so on.
All aboard!"

But there is so much in this short post that it is impossible to do it justice. You gotta read it, man! Even if you don't understand this post or see it with the same enthusiasm that I do, be sure to keep a copy of it, remind yourself to go back to it once a month, and, even if it takes a while, there will come a day, when the lucidity of this post will flash in front of your eyes and you might even say, darn it, Dennis was on to something before the rest of us even saw it coming - no wonder he kept talking about that train thing.

Posted by dmk at 10:20 PM

Last Chance to Register / Attend My Webinar on E-Discovery with George Socha and Fios on September 8

Time is running out to attend the webinar George Socha and I will presenting tomorrow:

Thinking Beyond the Box: The Rapidly Changing World of E-Discovery

When: Wednesday, September 8th 2004

Time: 10:00 a.m. PDT, 1:00 p.m. EDT (Seminar length - 1 hour)

Our Featured Guest Presenters: George Socha and Dennis Kennedy

Are you up to speed on the recent developments and rulings in electronic discovery and the practical impact that they will have on your practice?

Do you see the five big trends in electronic discovery that will be affecting you soon?

Do you know all of the potential benefits of electronic discovery, and how it can make your cases more manageable, profitable, and winnable?

Is electronic discovery still a concern only for big firms in big cases, or are we quickly moving into a new era of electronic discovery?

How close are we to seeing malpractice claims against lawyers who fail to use electronic discovery or mishandle their attempts at electronic discovery?

Dennis and George will discuss the above as well as share some of their favorite practical tips, best practices, and horror stories on electronic discovery for today and tomorrow.

++++++

Hope that you can attend. I'm familiar with the presentation - there's some great info in this webinar.

Posted by dmk at 10:01 PM

September 03, 2004

September 8 Fios E-Discovery Webcast with George Socha and Dennis Kennedy

Thinking Beyond the Box: The Rapidly Changing World of E-Discovery