Category Archives: Legal Technology

Need to Turn Your iPad Into Second Monitor? There’s an App for That.

22 Monday Aug 2016

Posted by in Law Office Management, Legal Technology, Technology, Time Management, Windows

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This App Turns Your iPad Into a Second Monitor, by Robert Ambrogi, LawSites Blog

http://www.lawsitesblog.com/2016/08/app-turns-ipad-second-monitor.html

When you start using two monitors, many of us are hooked. My favorite feature is the ability to drag documents and websites back and forth. Imagine having a spreadsheet or other document open on one screen, and the document or source of the information you need on the other screen. If you need to keep an eye on email or your docketing calendar, you can keep it up on one screen and work using the other. (If you do not have a second monitor, you can access your other open windows using Alt-Tab.)

I can understand why Mr. Ambrogi is excited about this app. -CCE

I am so dependent on a second monitor that I no longer feel productive without one. That can be a problem when I am away from my office. It is especially a problem when I travel and am hunkered down in a hotel room with important work to get done.

Then I discovered Duet Display, the app that turns your iPad into a monitor.

Get Your Head Out of the Sand.

07 Sunday Aug 2016

Posted by in Continuing Legal Education, Ethics Opinions, Legal Ethics, Legal Technology, Recent Links and Articles, Rules of Professional Responsibility, Technology

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Another Two States Adopt Ethical Duty of Technology Competence, by Robert Ambrogi, LawSites Blog

http://bit.ly/2b22uwA

Ambrogi includes a link to all states that have adopted an ethical duty of technology competence. My state is not yet one of them, but there is still no excuse.If your state has not yet adopted this ethical requirement, it is only a matter of time.

I know there are so much technology out there that it is hard to know exactly what you’re supposed to know and what you can pass by. But it’s your duty to find out, and not rely on staff to do it for you. -CCE

As I continue to track the states that have adopted the ethical duty of technology competence, I have two more to add, bringing the total to 23.

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Why Creating A Timeline Will Help Your Case.

04 Monday Jul 2016

Posted by in Legal Technology, Litigation, Timelines, Trial Tips and Techniques

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How to Create a Timeline For Your Case: First Steps to Take and Choices to Make, by Morgan Smith, Cogent Legal Blog

http://cogentlegal.com/blog/2011/08/how-to-create-a-timeline-for-your-case/

In litigation, almost every case will benefit from a timeline that lays out key facts and circumstances in a chronological order. The process of making a timeline can help you, the attorney, organize and strengthen your argument, and the end result is a clear and compelling visual presentation that will help all parties involved better understand your case.

But, which program should you use to create it? This is one question where there is simply no single best answer, and a lot depends on the forum you intend to use the timeline in. This post covers some benefits and drawbacks to different timeline tools and formats so you can determine which to use. To see a variety of timeline samples, please our timeline and portfolio sections of our website.

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Word Domination.

29 Wednesday Jun 2016

Posted by in Legal Technology, Microsoft Office, Word

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Dear Lawyers: It’s Not Word, It’s You, by Barron Henley, Lawyerist.com Blog

http://bit.ly/28X55l1

Here are two important facts about Microsoft Word:

Fact 1: 100% of the formatting problems you’ve experienced when drafting new documents can be completely avoided before they occur.

Fact 2: When editing a document someone else drafted, any formatting glitches can be resolved in just a few clicks, no matter how bad of a mess it is.

Unfortunately, the foregoing facts are true only if you have mastered Word.

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Who Needs Apple’s Help To Unlock Their iPhone?

23 Saturday Apr 2016

Posted by in Apple, Cell Phones, iPhones, Legal Technology

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Feds (Once Again) Gain Access to iPhone Without Apple’s Help, by David Murphy, PC Mag.com

http://www.pcmag.com/news/343970/feds-once-again-gain-access-to-iphone-without-apples-help

Stop us if you’ve heard this one. Federal prosecutors no longer need Apple’s assistance in unlocking an iPhone in a Brooklyn drug case, as investigators have found a way to do so themselves. It’s the second major case recently where the government has attempted to demand Apple’s help but, before a judge granted the government’s request, the Justice Department managed to unlock the iPhone in question. . . .

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More Extensions and Add-On’s To Make Your Day More Productive.

12 Tuesday Apr 2016

Posted by in Extensions and Add-Ons, Legal Technology

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Productivity in Your Browser: Extensions and Add-Ons for Lawyers, by Tim Baran, Legal Productivity

http://www.legalproductivity.com/practice-management/browser-extensions-legal/

Do these things really make us more productive? For me, sometimes yes and sometimes no, but always worth checking out. -CCE

Extensions and add-ons increase productivity by adding new features and enhancing the functionality of web browsers and applications. Here are a few that lawyers will find useful.

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“Smart” Cars and Hackers – We Should Have Seen This One Coming.

06 Wednesday Apr 2016

Posted by in Identity Theft, Computer Forensics, Computer Fraud and Abuse Act, Cybersecurity

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Markey Report Reveals Automobile Security and Privacy Vulnerabilities, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/markey-report-reveals-automobile-security-privacy-vulnerabilities/

New standards are needed to plug security and privacy gaps in our cars and trucks, according to a report released today by Senator Edward J. Markey (D-Mass.). The report, called Tracking & Hacking: Security & Privacy Gaps Put American Drivers at Risk and first reported on by CBS News’ 60 Minutes, reveals how sixteen major automobile manufacturers responded to questions from Senator Markey in 2014 about how vehicles may be vulnerable to hackers, and how driver information is collected and protected. . . .

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Need An Excel Formula Cheat Sheet? Here You Go!

17 Thursday Mar 2016

Posted by in Excel, Legal Technology

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Your Excel Formulas Cheat Sheet: 15 Tips For Calculations And Common Tasks, by J.D. Sartain, PC World

http://bit.ly/1R7v5d7

Many of us fell in love with Excel as we delved into its deep and sophisticated formula features. Because there are multiple ways to get results, you can decide which method works best for you. . . .

Evernote Users, Take Note – OneNote, That Is.

15 Tuesday Mar 2016

Posted by in Evernote, Legal Technology, OneNote

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Microsoft Goes After Evernote With OneNote Transfer Tool, by Angela Moscaritolo, PC World

http://www.pcmag.com/article2/0,2817,2500700,00.asp

Redmond [Microsoft] just fired the first battle shot, releasing a tool that lets you easily transfer all your to-dos from Evernote to its own OneNote service. . . .

While both services are available across platforms, OneNote offers additional benefits like free offline access to notes on mobile, unlimited monthly uploads, and the ability to “write anywhere on the page with free-form canvas,” Microsoft said. . . .

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Litgation Hold – Too Little Too Late.

25 Thursday Feb 2016

Posted by in Cell Phones, Discovery, E-Discovery, Emails, Emails, Legal Technology, Litigation Hold, Municipal Law, Open Records Act, Preservation, Requests for Production, Sanctions

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Our Nation’s Largest City is Not Immune to eDiscovery Sanctions: eDiscovery Case Law, by Doug Law, eDiscovery daily Blog

http://bit.ly/1Rqmnc0

In Stinson v. City of New York, 10 Civ. 4228 (RWS) (S.D.N.Y. Jan. 2, 2016), New York District Judge Robert W. Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants .

Case Background

In this civil rights class action against the City of New York, it was determined that the City did not issue any litigation hold until August 8, 2013, more than three years after the filing of the Complaint in this case and the litigation hold was not effectively communicated, and none of the officers who were named in the City’s initial disclosures acknowledged receiving it. . . .

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E-Filing Your Tax Return? Read This Before You Hit “Send.”

13 Saturday Feb 2016

Posted by in Cybersecurity, E-Filing, Encryption, Identity Theft, Internal Revenue Service, Legal Technology, Tax Law

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Hackers Trying to Steal Your Tax Refund With Stolen SSNs, by Angela Moscaritolo, PC World

http://bit.ly/1O8kgVv

[T]he IRS on Tuesday announced that hackers recently attempted to use some 464,000 stolen Social Security numbers and an automated bot to generate E-file PINs, which can be used to electronically file a tax return. The incident occurred last month, and the hackers were able to successfully access an E-file PIN with 101,000 of the SSNs.

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Last year, Turbo Tax temporarily halted e-filing for state returns across the U.S. after it found ‘an increase in suspicious filings and attempts by criminals to use stolen identity information to file fraudulent state tax returns and claim tax refunds.’

App Honey Pot for Lawyers and Other Legal Professionals.

13 Saturday Feb 2016

Posted by in Apps, Clouds, Document Retention, Dropbox, Evernote, Google, Law Office Management, Legal Technology, Management, Marketing, Office Procedures, Technology, Time Management

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50+ Apps and Services to Manage and Grow Your Law Practice, by Tim Baran, Legal Productivity Blog

http://bit.ly/1O8iPGC

[H]ere’s a list culled from feedback from solos and small firm lawyers and administrators, my own experience, and lots of research, that will help to optimize the day-to-day management and growth of your practice. . . .

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Technology is Great, But Are You Safe?

13 Saturday Feb 2016

Posted by in Clouds, Cybersecurity, Legal Technology, Video, Wi-Fi

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The Unintended Consequences of the Internet of Things, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://www.lawpracticetipsblog.com/2016/02/the-unintended-consequences-of-the-internet-of-things.html

How close is Big Brother – or someone worse? Too darn close, says Jim Calloway. The question? What do we do about it? -CCE

Refrigerators that automatically help you prepare your shopping list. Thermostats that adjust the temperature to your liking when they detect you are heading home on your commute. A device on the front door that sends a picture to you of everyone who rings the doorbell while you are away. All of these ideas seem great and maybe even a bit magical, and they are headed your way right now. The concept of the Internet of Things (IoT) holds a lot of promise.

Unfortunately, as with all things related to technology, it may not be quite that simple. . . .

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Clients – Don’t Wipe That Cell Phone!

06 Saturday Feb 2016

Posted by in Android Phones, Blackberry Phones, Cell Phones, Discovery, E-Discovery, Evidence, Forensic Evidence, iPhones, Legal Technology, Preservation, Sanctions, Spoilation

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Appeals Court Upholds Terminating Sanctions For Wipe of Cell Phone, by Doug Austin, eDiscovery Case Law

http://bit.ly/1K5mzxO

In Woodell v. Bernstein, et. al., No. 14-2836 (Cal. App., Dec. 30, 2015), the California Court of Appeals affirmed the judgment of the trial court, which imposed terminating sanctions against the plaintiff for spoliation of evidence and dismissed his lawsuit with prejudice after the plaintiff had wiped his cell phone, which was key to the case. . . .

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“How To” for Evernote Tags.

26 Tuesday Jan 2016

Posted by in Evernote, Legal Technology

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Organize Evernote with This Powerful Tagging System, by Herbert Lui, LifeHacker Blog

http://tinyurl.com/ksu6dbq

Although I knew about Evernote, I had not taken the time to use it consistently. Now that I use it more frequently, I want to become more proficient. Using Tags is only scratching the surface, but it is a good place to start. -CCE

Evernote can be a great digital mind, but—like the brain in your head—it can quickly become a mess if you don’t keep it organized. Make Evernote better by using this simple tagging system, which uses just five notebooks and sets of organized tags. . . .

Law Offices Targeted By Hackers.

26 Tuesday Jan 2016

Posted by in Cybersecurity, Disaster Preparedness, Law Office Management, Legal Technology, Passwords, Technology

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The Lawyers’ Guide to Hacking Threats, by Karen Conroy, Lawyerist.com

http://bit.ly/1POLdz2

International security authorities spent close to two years pursuing a criminal site called Darkode, where hackers could buy and sell malware meant to steal information. On the international site, which could only be accessed with a referral and a password, hackers advertised and sold their homemade software. Criminals who bought it could steal anything from Facebook follower lists to database account passwords.

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Law firms are especially tempting to cyber criminals because of the value of the sensitive information stored on their networks. A majority of law firms have experienced some sort of hacking, with law firms that handle government contracts and international business being targeted most often. About 80% of the largest 100 law firms have experienced some sort of violation. . . .

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More Ways To Use The Versatility of Evernote.

06 Wednesday Jan 2016

Posted by in Evernote, Law Office Management, Legal Technology, Note Taking, Office Procedures, Technology

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How Lawyers Use Evernote, by Tim Baran, Legal Productivity®

http://www.legalproductivity.com/practice-management/evernote-lawyers/

Evernote has so much potential. I have barely scratched the surface. This is a tool I definitely want to use and know more about. -CCE

Evernote is more than a note-taking application. We use it to store ideas, recordings, projects, tasks, images…The list is as comprehensive as we want it to be. Evernote allows us to offload our brain and organize our lives.

And how do lawyers use Evernote? I asked a few Evernote-loving lawyers. Here are their stories.

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2016 Tech Resolutions.

02 Saturday Jan 2016

Posted by in Android Phones, Cell Phones, Cybersecurity, Legal Technology, Passwords, Windows 10

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7 Technology Resolutions for a Better 2016, by Ian Paul, PC World

http://bit.ly/1R6wrcE

You may be ahead of the tech curve – maybe not. My bet is that you already have a smart phone and you probably have an iPad or some type of tablet reader. What about the rest of the things on this list? You have not want more than the tech you already have, but here’s some food for thought that scrapes the top of the tech iceberg. -CCE

“How To” Tip for iPhone and iPad.

15 Sunday Nov 2015

Posted by in iPad, iPhones, Legal Technology

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How to Use Caps Lock on Your iPhone and iPad, by Lori Kaufman, How-To Geek Blog

http://www.howtogeek.com/233097/how-to-use-caps-lock-on-your-iphone-and-ipad/

You just got your new iPhone after switching from Android and you want to type something in all caps. How do you use caps lock in iOS 9? We’ll tell you how to type all caps and also how to enable and disable the caps lock feature. . . .

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Is It Wrong To Research Your Judge And Jury? Is It Wrong If You Don’t?

27 Tuesday Oct 2015

Posted by in Ethics Opinions, Judges, Legal Ethics, Legal Technology, Research, Rules of Professional Responsibility

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The Do’s and Don’ts of Researching Judges and Juries Online, by Anna Massoglia, The Lawyerist Blog

http://tinyurl.com/p7f4hlg

It makes sense to research potential jurors, and social media makes it easier than ever. But courts have only recently begun to issue guidance now that researching jurors and other courtroom players online is becoming an increasingly common practice.

Researching judges, too, has its advantages. Some jurisdictions, like California, allow you to strike a judge once per case without establishing bias. Although there are limitations and technicalities on these rules, they can give you a say in who decides cases — making it important to know your judge. . . .

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Going Paperless?

26 Monday Oct 2015

Posted by in Document Retention, File Naming Conventions, Law Office Management, Legal Technology, Office Procedures, Technology

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‘Paperless’ Office Doesn’t Really Mean Paperless, But It Does Mean New Processes and Procedures, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://www.lawpracticetipsblog.com/2015/10/paperless-processes-and-procedures.html

‘Let’s just go paperless. We can free up all that space in the file room and quit paying so much for outside file storage.’

“What a great idea!

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Thus begins the perfect storm of a paperless law firm makeover absolutely destined to fail. . . .

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The Most Effective Use of PowerPoint.

25 Sunday Oct 2015

Posted by in Legal Technology, PowerPoint, Presentations

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What Stephen Colbert Teaches Us About Effective Presentations, by Tom DeRosa, Teaching Community

http://tinyurl.com/p7cwwtw

Although Comedy Central’s The Colbert Report has run its course and is no longer on the air, I have always thought that “The Word” was the best use of PowerPoint I have ever seen. The PowerPoint slides did not provide the content of the presentation, which is common. Instead, as the punchline, each PowerPoint slide hit the mark. -CCE 

Great lessons for educators can be found in the most unlikely of places. One such example can be found on Comedy Central’s The Colbert Report, in a reoccurring segment called ‘The Word’. In ‘The Word,’ host Stephen Colbert uses one word or phrase as a jumping off point for his unique editorial commentary.

Now, some might dismiss ‘The Word’ on it’s face as partisan punditry. The truthiness, of course, is that ‘The Word’ is the best, most effective PowerPoint presentation ever broadcast. . . .

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How To Add Section and Paragraph Symbols on An iPhone or iPad.

05 Monday Oct 2015

Posted by in Apple, Apps, iPad, iPhones, Legal Technology

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Sections And Pilcrows — Making The § And ¶ On The iPhone, by Jeff Richardson, iPhone J.D.

http://tinyurl.com/qdk2snp

Yesterday, I reviewed an app called Codification, which uses for its icon the section symbol — §. That is certainly a symbol that lawyers need to type a lot, but it isn’t immediately apparent how to do so on an iPhone or iPad. . .

You can type many additional characters using the iPhone and iPad keyboard by holding down on a letter. I see that I haven’t posted a full list of those shortcuts since 2010, back when iPhone J.D. had far fewer readers, so I thought it might be useful to post the list again, which is largely still the same in iOS 8 . . . .

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Defendant Ordered by Court to Produce Gap-Period Emails on Backup Tapes.

04 Sunday Oct 2015

Posted by in Admissibility, Discovery, E-Discovery, Emails, Emails, Evidence, Federal Rules of Discovery, Forensic Evidence, Gap-Period Emails, Legal Technology, Motion to Compel, Relevance, Requests for Production

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Defendant Compelled to Restore and Produce Emails from Backup Tapes: eDiscovery Case Law, by Doug Austin, eDiscoveryDaily Blog

In United States ex rel Guardiola v. Renown Health, No. 3:12-cv-00295-LRH-VPC, (D. Nev. Aug. 25, 2015), Nevada Magistrate Judge Valerie P. Cooke concluded that emails contained on backup tapes held by the defendants was not reasonably inaccessible due to undue cost and, even if the emails were reasonably inaccessible due to undue burden or undue cost, ‘good cause supports their discoverability.’ . . .

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Seventh Circuit Denies Neiman Marcus’ Rehearing of Data Breach Class Action.

29 Tuesday Sep 2015

Posted by in 7th Circuit Court of Appeals, Appellate Law, Computer Forensics, Computer Virus, Cybersecurity, Identity Theft, Malware

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Seventh Circuit Denies En Banc Review For Data Breach Class Action, Privacy & Information Security Law Blog posted by Hunton and Williams

https://www.huntonprivacyblog.com/2015/09/29/seventh-circuit-denies-en-banc-review-for-data-breach-class-action/

Plaintiffs, Neiman Marcus cardholders, brought a class action against the store for damages caused by a 2013 data breach. Hackers accessed customers’ credit and debit cards, as well as other personal information. The Northern District of Illinois, Eastern Division, ruled that the individual Plaintiffs and the class action against Neiman Marcus lacked standing under Article III of the Constitution.

Plaintiffs appealed to the United States Court of Appeals for the Seventh Circuit. The link takes you to the Seventh Circuit’s opinion explaining how Plaintiffs prevailed and why it reversed and remanded the case. Neiman Marcus filed for rehearing. The Seventh Circuit followed its usual habit, and denied it.

The Seventh Circuit’s analysis of its reasons ruling that Plaintiffs had met the three requirements for Article III standing is well worth the read. An added bonus is the link to the 2014 edition of The Practitioner’s Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit, -CCE