Category Archives: Legal Technology

Sad News for Windows Sticky Notes Users.

29 Wednesday Jul 2015

Posted by in Legal Technology, Microsoft Sticky Notes

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Windows Sticky Notes Isn’t Made For Backup, But These Alternatives Are, Lincoln Spector, Contributing Editor, PC World

http://tinyurl.com/p9jtrjy

Darn, I really liked these. But if you do not intend for them to be permanent, no problem! -CCE

Windows’ Sticky Notes program may seem like a convenient tool for jotting down reminders and miscellaneous stuff, but it’s really a disaster waiting to happen.

I get questions all the time from readers who lost information stored in Windows’ Sticky Notes program. With Sticky Notes, when it’s lost, it’s lost. . . .

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Depo Prep – Is Less Really More?

29 Wednesday Jul 2015

Posted by in Exhibits, Graphics, Legal Technology, Presentations, Trial Tips and Techniques, Witness Preparation, Witnesses

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Less is More When Preparing Witnesses for Deposition, by Thomas M. O’Toole, Ph.D., Sound Jury Blog

http://soundjuryconsulting.com/blog/2015/07/15/less-is-more-when-preparing-witnesses-for-deposition/

There is a popular 3M study that is often used to support the argument that attorneys should utilize more graphics in trial. The study found that audience members retained as little as 10% of the information three days later if the presentation was oral only; however, when presented the same information through both oral and visual presentation, the retention rate jumped to 65%. While this study is most often used to support the argument that presentations need a visual component, its implications can be applied to other areas of litigation. . . .

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Need To Negotiate and Settle A Case? There’s An App For That.

29 Wednesday Jul 2015

Posted by in Apps, Legal Technology, Litigation, Settlement

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Legal Productivity: iPad App: Picture It Settled – Negotiation App for Lawyers, by Travis Francis, Legal Productivity Blog

http://tinyurl.com/p7qjtqt

Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out and downright exhausting.

To make negotiations a little easier, Don Philbin and a team of attorneys and statisticians created Picture It Settled. According to the apps website, ‘the intelligent software has learned negotiation strategy from deep data from negotiation patterns in several thousand litigated cases, ranging from fender benders to intellectual property disputes in locations from tiny counties, large cities and everything in between.’ . . .

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Some Tips For Starting Your Law Firm’s Website.

27 Monday Jul 2015

Posted by in Advertising, Law Firm Web Sites, Law Office Management, Legal Technology, Marketing, Search Enginges, Technology, Using Social Media

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How to Create a Successful Law Firm Website: Getting Started, by The CyberAdvocate

http://www.thecyberadvocate.com/2015/07/27/create-law-firm-website-pt1/

Creating a new website for your law firm, whether you’re opening up a new practice or updating a dated law firm, can be an immense task. I’d love to say that following this guide will allow you to put together a successful and profitable website in your spare time. It won’t. . . .

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How To Avoid The Emails We Wish We Had Never Sent.

25 Saturday Jul 2015

Posted by in Emails, Law Office Management, Legal Technology, Technology

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Tech Tip Of The Day: Add A Two Minute Delay To Sending Emails, by James B. Levy, Legal Skills Prof Blog 

http://tinyurl.com/oub7e74

This is a great tech tip from the Harvard Business Review blog that most of us should probably implement. It involves programming your email account to wait two minutes before each message is sent. It’s a great fail safe measure to prevent those emails we regret as soon as they’re sent and the typos (and omitted attachments) we don’t catch until it’s too late. . . .

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Regret Hitting Send or Hitting It Too Quickly? Finally, A Way To “Undo Send” In Gmail.

05 Sunday Jul 2015

Posted by in Emails, Legal Technology

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Think Before You Hit Send (Unless You’re On Gmail and are Really Fast): eDiscovery Trends. by Doug Austin, eDiscoverydaily, powered by cloudnine™

http://tinyurl.com/q8hmrvu

Let’s face it, people make mistakes. However, a new feature from Google may help people who make those mistakes avoid the consequences – if they’re quick to address them.

As covered on Fortune.com (Gmail now officially lets you ‘Undo Send’ those really embarrassing e-mails, by Kia Kokalitcheva), Gmail, Google’s e-mail service, has officially added its ‘Undo Send’ feature to the Web-based version of the service. . . .

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Who Has Your Back – Digitally Speaking?

04 Saturday Jul 2015

Posted by in 1986 Electronic Communications Act, Computer Forensics, Cybersecurity, Intellectual Property, Internet, Legal Technology, Public Domain

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Report – Who Has Your Digital Back? by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/report-who-has-your-back/

Technology is changing literally all the time. Unfortunately, the law does not. Congress has yet to update the 1986 Electronic Communications Privacy Act. For example, there is no law that emails stored longer than 6 months has the same protection emails stored less than 6 months.

To date, there are no NSA reforms for surveillance of online communication. It is possible that Congress will go farther and mandate “back doors” to allow government to access more digital information. Reports of hackers accessing our financial and private information are no longer surprising. Although companies assure us that our information is secure, is it?

These matters go the heart of digital privacy issues for companies and individuals and FOIA requests. Some of you will be surprised how vulnerable we are. -CCE

Are iPad Text Messages Protected Under Your State’s Wiretapping Laws?

30 Tuesday Jun 2015

Posted by in Admissibility, Appellate Law, Case of First Impression, Evidence, Government, Intellectual Property, iPad, Legal Technology

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iPad Texts Not Private Under Wiretap Act | The Legal Intelligencer*, The Democratic Underground.com

(The Legal Intelligencer requires subscription but is free for 5/mo articles.)

http://www.democraticunderground.com/10026893652

iPads are popular in the legal and business world. It would be a good idea to check your state’s wiretapping law and determine whether your client’s and your own text iPad messages have a reasonable expectation to privacy. -CCE

An iPad does not fall within the telephone exemption under the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and users of the device do not have a reasonable expectation of privacy when it comes to sending text messages, the state Superior Court has ruled in a case of first impression. . . .

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The ABC’s of Fielding Data.

29 Monday Jun 2015

Posted by in Computer Forensics, Discovery, E-Discovery, Fielded Data, Legal Technology, Metadata, Native Format

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The Virtues of Fielding, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2015/06/29/the-virtues-of-fielding/

I am a member of the typewriter generation. With pencil and ink, we stored information on paper and termed them ‘documents.’ Not surprisingly, members of my generation tend to think of stored information in terms of tangible and authoritative things we persist in calling ‘documents.’ But unlike use of the word ‘folder’ to describe a data directory (despite the absence any folded thing) or the quaint shutter click made by camera phones (despite the absence of shutters), couching requests for information in discovery as demands for documents is not harmless skeuomorphism.  The outmoded thinking that electronically stored information items are just electronic paper documents makes e-discovery more difficult and costly. It’s a mindset that hampers legal professionals as they strive toward competence in e-discovery.

Does clinging to the notion of ‘document’ really hold us back? . . .

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More Goodies from iPhone J.D.

27 Saturday Jun 2015

Posted by in Apple, Apps, Cell Phones, iPad, iPhones, Legal Technology, Passwords

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In the news, by Jeff Richardson, iPhone J.D. Blog

http://www.iphonejd.com/iphone_jd/2015/06/in-the-news297.html

The latest and greatest from Jeff Richardson. Good discussion on ways to make text messages look good at trial. New iPhone apps. The sale on the password manager app is too good to pass up. I particularly like the idea of using the Apple Watch for map directions. As always, Mr. Richardson shares the good stuff. -CCE

How Many Types of Metadata Can You Name?

27 Saturday Jun 2015

Posted by in Diligence, Legal Ethics, Legal Technology, Metadata, Technology

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Production of System Metadata, by Joshua Gilliland, Bow Tie Law Blog

https://bowtielaw.wordpress.com/2015/06/27/production-of-system-metadata/

Have you ever been bit because you ignored metadata? Hands?

The legal profession is embracing technology to the point where it is considered a lawyer’s duty to know it, understand it, and use it. Paralegals and other legal staff, I am talking to you too.

Do you know what metadata is or how many types there are? This post is a good illustration of why all types of metadata should be on your radar. -CCE

A New York state judge confronted the issue of producing system metadata in a medical malpractice case where the plaintiff had to have a foot amputated due to post surgical complications. Vargas v Lee (Sup.Ct.) 2015 NY Slip Op 31048(U), ¶¶ 3-5. The case is direct and thoughtful on the issue of system metadata. . . .

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9th Circuit Rules Google Earth Coordinates Are Not Hearsay.

24 Wednesday Jun 2015

Posted by in Admissibility, Authentication, Evidence, Hearsay, Legal Technology

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How to Get Google Earth Images Admitted for Litigation, by Morgan C. Smith, Cogent Legal 

http://tinyurl.com/ngxpzxc

Many attorneys rely on Google Earth as the primary source for finding visual information for specific locations, all over the world, involved in litigation (see my prior post discussing how to use Google Earth for images and obtaining archival images). However, when finding great images, or determining precise locations based on GPS coordinates, the next question is always:

‘How do I get this into evidence?’

This is not an easy question to answer, yet a recent decision by the Ninth Circuit Court of Appeals helps resolve one issue of admissibility for such imagery: Google Earth coordinates are not hearsay. . . .

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Let’s Think About Going Paperless.

19 Friday Jun 2015

Posted by in Economics, File Naming Conventions, Law Office Management, Legal Ethics, Legal Technology, Office Procedures, Scanners, Technology, Technology, Time Management

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How One Law Firm Went Paperless: An Interview with Andrew Kucera, by Tim Baran, Rocket Matter

http://tinyurl.com/noy2suz

For years, law firms have talked about going “paperless.” It took some time to catch on. Scanners were sometimes more trouble than they were worth. It took money and many hours to convert all the files to a paperless system. It sounded like a good idea, but not everyone was convinced.

Things have changed. These days, going paperless makes good sense and good economics. No more filing or indexing pleadings? I can live with that.

This post from Rocket Matter makes good sense. If you decide to go that route, do not start until you look into file naming conventions. Pick one that is logical and easy to understand. Now you are on your way. -CCE

While putting together the Paperless Law Office E-Book, we thought, who better to learn from than a firm who went through the process? So we interviewed Andrew Kucera who was instrumental in helping move six-person Cuttone & Kucera, PC (now, Cuttone & Associates), a real estate and business law firm in Fresno, California, to a paperless operation. . . .

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Lawyers Have Ethical Duty To Ensure Password Security.

19 Friday Jun 2015

Posted by in Cybersecurity, Legal Technology, Passwords

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Hackers Are Hacking; You Need A Password Manager, by Jeff Richardson, iPhone J.D.

http://tinyurl.com/ofet7ar

Password security has been in the news again this week, and I’m using this as an opportunity to remind all iPhone J.D. readers — especially all of us attorneys with a duty a protect confidential attorney-client information — that we ought to be using complex, different passwords. . . .

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Judge’s Benchslap for Missing E-Filing Deadline By Three Minutes.

13 Saturday Jun 2015

Posted by in Benchslap, Calendar/Docketing, E-Filing, Judges, Law Office Management, Legal Technology

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Judge Shames Lawyers Over Midnight Filings In Awesomely Sarcastic Order, by Staci Zaretsky, Above The Law

http://tinyurl.com/oeld5yg

Thanks to the advent of electronic filing, lawyers get to work nearly 24 hours a day. You’re not expected to work that much, of course, but your firms certainly wouldn’t mind it if you did. Got a motion due at midnight? No problem! You’re overworked and you’ve got a million other things on your plate, so putting one filing on the backburner can’t hurt. After all, you can just furiously write it the night it’s due, and click a few buttons to get it filed by 11:59 p.m. But for some, until the last minute will come back to bite you in the ass. . . .

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Excellent Argument About Technology and Citation Placement.

13 Saturday Jun 2015

Posted by in Apple, Brief Writing, Citations, E-Briefs, E-Briefs, E-Filing, Footnotes, iPad, Laptop, Legal Technology, Legal Writing, Mac, Microsoft Office, PC Computers, Readability, Tablets

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If the Judge Will Be Reading My Brief on a Screen, Where Should I Place My Citations? by Peter Martin, Jane M.G. Foster Professor of Law, Emeritus, Cornell Law School, Citing Legally Blog

http://citeblog.access-to-law.com/?p=149

 

As pointed out in this article, more courts require e-filing and are using tablets and other technology to read what you file. If you do not use technology, then you do not know how your document appears on the screen. It is quite different than reading something on a printed page.

So what to do? Keep writing as you always have and ignore changes brought about by technology or adjust? -CCE

A. Introduction

In a prior post I explored how the transformation of case law to linked electronic data undercut Brian Garner’s longstanding argument that judges should place their citations in footnotes. As that post promised, I’ll now turn to Garner’s position as it applies to writing that lawyers prepare for judicial readers. . . .

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Tamara Thompson’s Favorite Private Investigator Links. Let The Feeding Frenzy Begin!

09 Tuesday Jun 2015

Posted by in Legal Technology, References, Research

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My Favorite Private Investigator Links, by Tamara Thompson Investigations, PI Buzz.com

http://pibuzz.com/my-favorite-private-investigator-links/

Tamara has been doing this a long time, and she always has a varied type of valuable information. And the majority of the links she has shared are free. Definitely worth a look. -CCE

Mostly free websites for fact-finding and online research for private investigators, genealogists, info pros, attorneys, journalists and the public. . . .

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Why eDiscovery And Legal Technology Should Be Required In Law Schools.

07 Sunday Jun 2015

Posted by in Discovery, E-Discovery, Legal Technology

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Law Schools And The Need To Teach Ediscovery Practice Skills, by James B. Levy, Legal Skills Prof Blog

http://tinyurl.com/nzhczx6

While some state bar associations’ ethical opinions are requiring its members to keep up to date with legal technology, law schools do not seem to have gotten on board. If lawyers already practicing are considered behind if they do not aggressively incorporate legal technology in their practice, shouldn’t law schools be leading rather than following? Paralegal programs – are you paying attention? -CCE

Though many legal practice areas have been in decline since the Great Recession, the demand for eDiscovery services has skyrocketed. This post from Bloomberg’s Big Law Business blog says that the law school curriculum needs to likewise evolve by providing more training opportunities that teach the next generation of lawyers these vital practice skills . . . .

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Another Major Hack. Checked Your Law Firm’s Cyber Security Lately?

05 Friday Jun 2015

Posted by in Computer Forensics, Confidentiality, Cybersecurity, Disaster Preparedness, Law Office Management, Legal Ethics, Legal Technology, Technology, Technology

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The Real Reason You Need Cyber Liability Insurance, by Brian Focht, The Cyber Advocate

http://tinyurl.com/p8y5k2y

Another day, another hack. Yesterday brought news that four million current and former government employees may have had their personal information stolen by Chinese hackers.

Of course, this comes on the heels of what has been a staggering 18 months of hacks. Starting with the Home Depot and Target hacks, we’ve been barraged with story after story about major companies and retailers being hacked for their customers’ data. It’s not just big companies and big-box retailers, though. Law firms are increasingly the target of hackers, due to a combination of factors including relatively lax security and large quantities of organized, valuable information. . . .

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iPhone Weather App – Will It Help Me Dodge Tornados And Floods?

28 Thursday May 2015

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

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Review: Weather Line — iPhone weather app, by Jeff Richardson, iPhone, J.D.

http://www.iphonejd.com/iphone_jd/2015/05/review-weather-line.html

You might have heard that folks here in Oklahoma and other states are having a spot of trouble with the weather. If it is not hail or tornados, it’s flooding.

Our weather channels are doing a great job, but I have not found my current weather app that useful. This one looks as if it might do the job. -CCE

There are a ridiculous number of iPhone apps that can tell you the weather.  I have purchased a whole bunch of them, partly because weather apps are inherently useful, but also because whenever I find one with an interface or a feature that I like, it is often not long before another one comes along that seems like it might be better.  But for quite a while now, I’ve stuck with just one Weather app on the home screen of my iPhone:  Weather Line, which is currently on sale for only $1.99.  Here’s why this has been my favorite weather app, and perhaps it will appeal to you as well. . . .

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A New Way To Get The Latest Adobe Acrobat Software – Acrobat DC.

28 Thursday May 2015

Posted by in Adobe Acrobat, Legal Technology

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A New Way To Buy Acrobat DC: Subscription, by Rick Borstein, Acrobat for Legal Professionals Blog

http://blogs.adobe.com/acrolaw/

Adobe Acrobat is one of sharpest tools used in a law office. It would definitely be on my list of indispensable technology. I keep hearing about Acrobat DC, but have not had the opportunity to run it through its paces. Which option is more practical? Buying the license or trying the subscription route?

For those of you who are interested in the many various ways you can use Adobe Acrobat – any version – look to your right at the website. You might see something you like. -CCE

Before going further, I need to make sure that you know that you certainly can continue to buy and upgrade Acrobat as you have in the past without buying a subscription.

Subscription is a new additional purchase option for Acrobat.

Adobe has other software subscription offerings such as the Creative Cloud. The idea of subscription software is new to some folks, so I thought I would offer some background here and discuss some factors you might consider in making a decision of Buy versus Subscribe.

Note that purchase considerations will vary quite a bit between an individual or small firm and that of a large enterprise and that the opinions below are my own. . . .

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Let’s Play With Apple’s Menu Bar.

23 Saturday May 2015

Posted by in Apple, Legal Technology, Mac

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The HTG Guide to (Probably) Everything You Can Show on OS X’s Menu Bar, How To Geek Blog

http://www.howtogeek.com/217372/the-htg-guide-to-probably-everything-you-can-show-on-os-xs-menu-bar/

Apple’s operating system’s menu bar is truly old school; it’s been around for as long as there have been Macintoshes. The menu bar is extensible, though some users may not realize just how much, so we’ll show you the many ways you can add functionality to it.

If you have ever heard anyone use the phrase ‘the more things change, the more they stay the same’ then they could have been very well talking about Apple’s menu bar.

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The menu bar can be extended with a wide array of clickable icons for quick access to system preferences.

Today, the menu bar lets you add all kinds of extra functionality to it. You can easily check your Mac’s energy status (particularly helpful if you’re using a laptop), or you can start Time Machine backups, or log into another account with fast user switching, etc.

In fact, many of the System Preferences have icons you can add, and many applications will also use the menu bar so users have convenient access to features and functions.

In this article, we’re going to show and talk about all the different things you can add to the menu bar using only what you’ll find in the system preferences. This includes not only the things we’ve already mentioned, but all the other preference menu bar items we could find. . . .

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2015’s 60 Apps in 60 Minutes from The ABA TECHSHOW.

22 Wednesday Apr 2015

Posted by in Apple, Apps, iPhones, Mac

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60 Apps in 60 Minutes 2015, by Jeff Richardson, iPhone J.D. Blog

http://www.iphonejd.com/iphone_jd/2015/04/60-apps-2015.html

This past Saturday morning [April 18, 2015] at ABA TECHSHOW in Chicago, I teamed up with Dallas attorney Tom Mighell, Ohio attorney Joe Bahgat and Florida legal tech consultant Adriana Linares to present the 2015 installment of 60 iOS Apps in 60 Minutes.  Lots of useful and fun apps were discussed during the session, and the enthusiasm from the standing-room-only crowd was fantastic. I know that the session was fast-paced, so for those of you who attended and who may have missed an app or two, and for those of you who could not make it to ABA TECHSHOW 2015 this year, here is a list of the apps that we discussed. . . .

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Take Depositions To The Next Level With High Tech.

13 Monday Apr 2015

Posted by in Clouds, Discovery, Dropbox, iPad, Legal Technology, Presentations, Tablets, Video Deposition

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4 High Tech Ways to Improve Your Depositions, by Brian Focht, The Cyber Advocate Blog

http://www.thecyberadvocate.com/2015/04/08/4-high-tech-ways-improve-depositions/

Last week I had the (good?) fortune to attend two depositions spanning three days in a construction defect case. We represent a fairly peripheral sub-contractor, so despite exceeding 20 total hours, I didn’t get the opportunity to ask a single question. However, we’re not so peripheral that I could completely space out.

Over the course of three days, which included the introduction of about 100 exhibits (I’m impressed at the plaintiff’s counsel’s restraint, except when you consider that many exhibits exceeded 250 pages each), I listened intently. Or as intently as possible.

Until the other part of my brain, the part that writes this blog, kicked in. I analyzed what I thought was an intelligent, if complicated, system put in place that uses Dropbox for sharing exhibits. But that was really it. No video, no digital exhibits, remote participants listening by phone. I couldn’t help but think that there had to be a better way than this. . . .

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Jeff Richardson’s Honey Pot of iPhone and iPad Apps.

10 Friday Apr 2015

Posted by in Apple, Apps, Cell Phones, iPad, iPhones, Legal Technology, Mac

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Index of iPhone J.D., by Jeff Richardson, iPhone J.D. Blog

http://www.iphonejd.com/iphone_jd/index-of-iphone-jd.html

I have died and gone to Heaven. -CCE

This index allows you to browse through the more significant posts on iPhone J.D. since I started the website on November 17, 2008, including reviews of iPhone and iPad apps and accessories plus other significant posts. Also, remember that there is a helpful search box at the top right of every page if you are trying to find something specific. . . .

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