Dennis Kennedy

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May 29, 2007

Handout Materials - Ethical Issues for Law Firm Websites

As I expected, I greatly enjoyed being on a panel with Kevin O'Keefe and Ben Cowgill for a presentation on ethical issues for lawyers using the Internet.

As a bonus for readers of this blog, I've made a PDF of my handout materials available for download here and here.

[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 ethics handout website

Posted by dmk at 08:48 PM | Comments (1)

May 28, 2007

Reminder: May 29 Teleseminar on Legal Ethics and Use of the Internet

Here's a last minute reminder that if you are interested in the ethical issues raised by lawyers using the Internet, I invite you to join me and a stellar panel for an teleseminar on May 29 about ethical issues raised by the ways lawyers use the Internet. I don't know that I've ever seen a presentation on this topic with as many years of actual web-related experience as you'll find on this panel, given that my co-presenters are Kevin O'Keefe and Ben Cowgill.

We've split up the topic and plan to allow for plenty of Q & A. I'm covering ethical issues for law firm websites. Please feel free to let me know about the questions and issues you have on this topic in the comments and I'll try to incorporate that into my coverage. I'm planning to take a historical approach and talk about the evolution of legal ethics and the web from those first days when there were only a few law firm websites, a handful of articles on the topic, and no search engines as we now know them.

Here's an excerpt from the program description and registration information can be found here.

Sponsored by the Legal Publishing Group of Strafford Publications

Tuesday May 29, 2007
1:00pm - 2:30pm Eastern

Early Discount Deadline, May 11
CLE available for an additional fee

Websites, the Internet and email are the preferred communication and marketing tool for attorneys and law firms, and blogs are a popular way for attorneys to exchange ideas and educate clients. However, there are serious ethical risks for attorneys who use these online communications with clients and potential clients.

Sites and blogs that enable users to email attorneys directly increase ethical concerns. And yet, there are few guidelines for attorneys by the courts and state bar associations.

Do the standard ethical rules regarding lawyer advertising apply? If law blogs are defined as political speech, can states still regulate them as commercial speech?

Listen and participate from your office telephone as our authoritative panel discusses the regulatory future and ethical guidelines for communicating with clients and prospective client via websites and blogs. The panel will feature:

The panel includes:

Benjamin Cowgill, Counselor and Attorney at Law, Lexington, Kentucky, focuses his career in the field of legal ethics. He is the former Chief Bar Counsel for the Kentucky Bar Association and a well-known presenter of CLE programs on various aspects of law office technology, including ethical considerations.

Dennis Kennedy, computer lawyer and technology expert, DennisKennedy.com, LLC, St. Louis, is a well-known consultant, speaker and writer who is considered among the most influential experts on the application of technology in the practice of law. He serves businesses implementing information technology and e-commerce initiatives.

Kevin O'Keefe, president and founder of LexBlog, Bainbridge Island, Washington, is the leading provider of marketing blogs for lawyers. He was a trial lawyer for 17 years, during which he successfully marketed his law firm on the Internet.

The panel will review these and other key questions:

* How can attorneys protect clients’ privacy rights and attorney-client privilege in online communications?

* What are some of the key ethical concerns for attorneys who use websites and blogs to communicate with clients and prospective clients?

* How are the courts and state bar associations currently handling charges of ethics violations involving attorney use of the Internet and email?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A session.

*******************************************************************************

Thanks to Strafford Publications for putting this one together. It's a great opportunity to pick up some ethics CLE credit.

Register for the seminar here.

[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).

Technorati tags: legal technology legal ethics ethics webinar

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

May 25, 2007

Congratulations to The College School's Class of 2007

Much of my time the last two weeks has been spent with the activities and events around our daughter's eighth grade graduation (and the final year) at The College School. It's been a wonderful set of experiences, culminating in a moving and ceremony last night. I could not be prouder of our daughter and happier with our choice of schools for her. It's an amazing and impressive group of young people and I offer them my heartfelt and respectful congratulations.

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

Posted by dmk at 06:48 AM

May 22, 2007

Notable Anniversaries: The Cathedral and the Bazaar

Jack Vinson and Knowledge Jolt with Jack: 4 years (reminds me to thank Jack for inviting me to Blogwalk Chicago and our email exchanges).

Marty Swimmer and The Trademark Blog: 5 years. Want to learn about trademarks and trademark law - check out these podcasts with Marty and Colette Voegele.

Eric Raymond's The Cathedral and the Bazaar: 10 years. As Nicholas Carr and Tim O'Reilly note in excellent posts you will want to read, Raymond's essay is extraordinarily influential and important and is a must-read for understanding Open Source, wikis, web 2.0, John Robb's global guerillas (hope to write about Robb's great new book, Brave New World, soon), and even blogging itself. I think that the Open Source licenses themselves are much more important than O'Reilly and Carr suggest. It was (and is) about the licensing. That's why I've written about the licenses from time to time. The Cathedral and the Bazaar essay is worth re-reading from time to time, and has had a huge impact on my own approach to thinking about technology and many other areas as well.

[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: cathedral bazaar open source

Posted by dmk at 10:29 PM | Comments (0)

May 16, 2007

Google School is in Session

I've noticed that Google has become much less efficient a search tool for me over the last few years unless I dip into my bag of search tricks. My current best search trick is to email or IM Tom Mighell for help, but that trick isn't available for everyone.

Lifehacker.com has Google School, an excellent, and growing, collection of blog posts with Google tips and tricks. Be sure to check out the comments for even more tips from readers.

The most recent post, "Compare items with Google," offers some good ideas for finding comparisons among products. If you've tried to research products on Google lately (e.g., iPod speakers), you know how much "noise" you'll find and how difficult it is to find reviews and other consumer-oriented information. This post offers some tips to increase the signal-to-noise ratio for those kinds of searches. The whole collection deserves your attention.

The money quote:

Simply search for, in quotes: "better than _keyword_"

Interestingly, if only to me, there was no result for "better than dennis kennedy" (until now). How about 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 google tips google+school

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

May 15, 2007

Jon Udell on Speaker Preparation

Jon Udell's post, "Comparing notes on speaker preparation," is a great read for anyone who does public speaking, and I'm hoping it turns it to a bit of a meme over the next few days so I can pick up some good new ideas for speaker preparation from others who respond to Jon's post.

Udell suggests going on a walk with a recorder and speaking aloud your speech as it comes to you and capturing it to work with to later turn into slides, etc. He makes one of those simple points that, as you think about it, seems more and more profound: "speaking out loud is good practice for speaking out loud."

I've always used mind mapping and story boarding to prepare presentations, and now use many of the techniques Cliff Atkinson sets out in his book Beyond Bullet Points.

My latest technique, especially when time to rehearse is limited, is to record a near-final version, put it on my iPod and then listen to it several times on the plane or in the hotel room. It helps me stay on track, keep on a better pace, remember the material I want to use better and not insert new material on the spur of the moment. One interest effect I've noticed is that during the actual talk I have a memory or understanding of where the emphasis and intonation should be at certain points from having heard myself delivering the speech on the iPod. I still think that doing more rehearsals is the best way to go, but when pressed for time, this experiment has been pretty successful for me.

My technique also gives me an audio version that I can edit for a podcast or online seminar and I can use the transcript for one or more articles.

Any preparation tips you'd like to share? Add a comment to this post.

[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).

Technorati tags: legal technology presentation preparation tips speaker

Posted by dmk at 11:14 PM | Comments (1)

May 14, 2007

PowerPoint and Other Technologies in the Courtroom: What's Happening in 2007

Adam Lynn's article, "Fancy gadgets replace oratory in courtrooms," paints a good picture of what lawyers are doing with PowerPoint and other technologies in the courtroom in 2007. It's a good read for both trial lawyers and those who hire them.

I'm quoted in the article on one of the points about courtroom technology that has always intrigued me most - how the greatest impact of presentation technology might be how it improves the organization and efficiency of case presentation and results in more streamlined and better organized trials than those done using traditional methods.

The money quote comes from Todd Flaming, one of the most knowledgeable trial lawyers I know about using courtroom technology:

“At a presentation I recently gave to a room of 150 to 200 lawyers, almost every one raised his hand in response to my question: ‘How many of you have used PowerPoint or an electronic presentation program in a closing?’”

For those of you interested in the history of legal technology, I recommend comparing Lynn's article with my 1998 article called "Using Computers to Keep a Judge and Jury Interested." That article also shares some wisdom of St. Louis legal technology pioneers Art Smith and Alan Steinberg that definitely stands the test of time.

[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 powerpoint presentation technology courtroom judge jury

Posted by dmk at 10:33 PM | Comments (1)

May 11, 2007

Upcoming Webinar: Ethical Risks of Law Firm Websites and Blogs

The first CLE presentation I ever gave on law firm websites, including the ethical questions raised by their use, was more than ten years ago. In part, that's why I'm very much looking forward to being part of a stellar panel for an upcoming webinar on May 29 about ethical issues raised by the ways lawyers use the Internet. I don't know that I've ever seen a presentation on this topic with as many years of actual web-related experience as you'll find on this panel, given that my co-presenters are Kevin O'Keefe and Ben Cowgill.

We've split up the topic and plan to allow for plenty of Q & A. I'm covering ethical issues for law firm websites. Please feel free to let me know about the questions and issues you have on this topic in the comments and I'll try to incorporate that into my coverage. I'm planning to take a historical approach and talk about the evolution of legal ethics and the web from those first days when there were only a few law firm websites, a handful of articles on the topic, and no search engines as we now know them.

Here's an excerpt from the program description and registration information can be found here.

Sponsored by the Legal Publishing Group of Strafford Publications

Tuesday May 29, 2007
1:00pm - 2:30pm Eastern

Early Discount Deadline, May 11
CLE available for an additional fee

Websites, the Internet and email are the preferred communication and marketing tool for attorneys and law firms, and blogs are a popular way for attorneys to exchange ideas and educate clients. However, there are serious ethical risks for attorneys who use these online communications with clients and potential clients.

Sites and blogs that enable users to email attorneys directly increase ethical concerns. And yet, there are few guidelines for attorneys by the courts and state bar associations.

Do the standard ethical rules regarding lawyer advertising apply? If law blogs are defined as political speech, can states still regulate them as commercial speech?

Listen and participate from your office telephone as our authoritative panel discusses the regulatory future and ethical guidelines for communicating with clients and prospective client via websites and blogs. The panel will feature:

The panel includes:

Benjamin Cowgill, Counselor and Attorney at Law, Lexington, Kentucky, focuses his career in the field of legal ethics. He is the former Chief Bar Counsel for the Kentucky Bar Association and a well-known presenter of CLE programs on various aspects of law office technology, including ethical considerations.

Dennis Kennedy, computer lawyer and technology expert, DennisKennedy.com, LLC, St. Louis, is a well-known consultant, speaker and writer who is considered among the most influential experts on the application of technology in the practice of law. He serves businesses implementing information technology and e-commerce initiatives.

Kevin O'Keefe, president and founder of LexBlog, Bainbridge Island, Washington, is the leading provider of marketing blogs for lawyers. He was a trial lawyer for 17 years, during which he successfully marketed his law firm on the Internet.

The panel will review these and other key questions:

* How can attorneys protect clients’ privacy rights and attorney-client privilege in online communications?

* What are some of the key ethical concerns for attorneys who use websites and blogs to communicate with clients and prospective clients?

* How are the courts and state bar associations currently handling charges of ethics violations involving attorney use of the Internet and email?

Following the speaker presentations, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A session.

*******************************************************************************

Thanks to Strafford Publications for putting this one together. It's a great opportunit to pick up some ethics CLEcredit.

Register for the webinar here.

[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).

Technorati tags: legal technology legal ethics ethics webinar

Posted by dmk at 07:15 AM | Comments (0)

May 09, 2007

FRCP and Metadata: E-Discovery White Paper

Two of the hottest issues in electronic discovery are metadata and the recent amendments to the Federal Rules of Civil Procedure. It's no surprise that one of the most interesting places in electronic discovery is at the intersection of metadata and the amendments.

Workshare, a leading e-discovery and legal discovery vendor, has just released a new white paper called "FRCP and Metadata: Avoiding the Lurking e-Discovery Disaster" that surveys this important territory, with an emphasis on the practical and a focus on the metadata management and preparation needs of organizations. Outside counsel has not taken a leadership role in metadata and EDD preparation and guidance, so it's incumbent on those charged with dealing with these issues inside organizations to take charge of this issues. The white paper has practical tips, useful charts, and suggested steps you should take. Download the white paper here.

Admittedly, I might be a little biased toward the author, who is Dennis Kennedy. Yes, that's me. Seriously, though, I enjoyed getting the chance to write the paper, work with the good people at Workshare, and to learn about the very interesting products Workshare has for addressing metadata management and other e-discovery matters.

As I wrote the paper, I became especially intrigued by their notion that we are evolving from a first generation of "metadata scrubbing" to a second generation of "metadata hygiene." It's a useful metaphor, and places the emphasis on dealing with information as a process.

I recommend the white paper (it's a free download) and welcome your feedback.

As some readers may already know, I have written a number of white papers for legal technology vendors in the past year or so. I enjoy writing white papers. To answer a frequent question I get, yes, I am available to write a limited number of white papers and welcome vendor inquiries on potential white paper projects.

[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 metadata electronic discovery workshare white paper frcp edd

Posted by dmk at 09:03 PM | Comments (0)

Electronic Discovery in Simple Auto Accident Cases

Lawyers who resist the very notion of electronic discovery often use the "simple" auto accident as an example of a case where electronic discovery is not required. I usually give a few counter-examples, but find that I do not persuade many of the lawyers who have this point of view.

The CNET.com article "Is your car spying on you?" by Robert Vamosi just might open a few eyes and cause lawyers to rethink how pervasive electronic discovery is really becoming.

The money quote:

Since 2000, most domestic automobile manufacturers, namely General Motors (GM) and Ford, have been quietly installing what are technically called Motor Vehicle Event Data Recorders (MVEDR).

You don't need to be a meteorologist to see which way the EDD wind is blowing.

The article is also a must-read for the discussion of privacy, criminal investigation, insurance, and other issues raised by these devices.

[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

Posted by dmk at 06:59 AM | Comments (0)

May 08, 2007

A Quick Thought on Peak Blogging

I've recently seen a number of surveys, posts and articles suggesting that blogging, or at least the growth rate in blogging, has peaked. Some are quite reasonable and more than a few are a little breathless, even sensational, not unlike what you see on "peak oil" or "peak anything" for that answer.

If you have an interest in the topic, or just want some good common sense analysis and advice about blogging today, you will want to read Jack Vinson's recent post, "Surprise announcement: there is a dark side to blogging."

It's a short article, but packed with the wisdom, we've come to expect from the aptly named "Knowledge Jolt with Jack" blog.

The money quote:

If I were to write a trade article on the topic, the short form would be

Not everyone should be blogging.

Many people figure it out before they start, and some figure it out after.

[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 blogging blawg peak blogging

Posted by dmk at 07:46 AM | Comments (0)

May 02, 2007

First Ever CaseMap Client User Summit on May 8

Here's a very cool event for anyone interested in finding out how technology can truly revolutionize the practice of law and who can be in Los Angeles on May 8. I wish I could be there.

My very good friends at LexisNexis CaseSoft are conducting their very first CaseMap Client User Summit in Los Angeles on May 8 at the Biltmore Hotel.

Nancy Smith sent me these details:

The Summit is not a training session, but a series of peer-to-peer sessions on best practices in the use of CaseMap, TimeMap and TextMap. You will have the opportunity to gain advance insight into the use of our software tools to conduct case assessment and analysis. We encourage you to bring your litigation team to attend breakout sessions pertinent to attorneys, litigation support specialists and paralegals.

This one-of-a kind CaseMap Client Summit is conducted almost exclusively by peers who are successfully using CaseMap in their practice. Get countless time- and effort-saving tips and techniques. Hear incredible success stories and discover how you can put these best practices to work in your firm.

In addition to gaining valuable tips and techniques from experts in the field of litigation, you can earn up to 6 CLE credits. Presenters will include the California Attorney General Office on how they effectively use CaseMap and all our tools and UCLA School of Law professor, Dr. David Binder will present the compelling topic, "What Are You Trying to Prove?" As an added bonus, Shannon Bales of Munger, Tolles & Olson will share how litigation teams use technology at the United Nations War Crime Tribunals at The Hague and Cambodia.

All of this - knowledgeable presenters, 6 CLE credits, breakfast, lunch and a cocktail reception for only $395

Check out the complete agenda and register by contacting Nancy Smith at nancy.smith@lexisnexis.com or call 904.276.1028. Tell Nancy that I sent you and you might find a special bonus especially for readers of this blog.

Lawyers and other legal professionals who are involved in litigation will not find any better use on their CLE budget this year.

Congratulations to Bob Wiss and Greg Krehel on all they've built since the launch of CaseMap 1.

[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 - a Litigation 2.0 event.

Technorati tags: legal technology casemap

Posted by dmk at 09:43 PM | Comments (0)

May 01, 2007

Law Technology Today

I wanted to point out the new issue of the new webzine, Law Technology Today, from the ABA's Law Practice Management Section. It's a sibling of the excellent Law Practice Today webzine.

Law Technology Today offers a new free resource of legal technology and electronic discovery issues. Check it out and watch it grow.

I played a very modest role in the development of Law Technology Today and have been an editor of Law Practice Today since its inception.

This issue of Law Technology Today includes a new regular column from John Tredennick called FireWire on the growing volume of data we face and the consequences of all that data - "There is a Lot More Data Out There..." It's great to know that John will be writing a regular monthly column again - he's one of my favorite thinkers about legal technology. This issue also includes my article, "Seven Legal Technology Trends for 2007: Widening the Digital Divide in Law Practice."

[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 law technology today trends electronic discovery

Posted by dmk at 10:02 PM | Comments (0)