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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Legal Technology

Would You Report A Data Breach At Your Law Firm?

10 Friday Apr 2015

Posted by Celia C. Elwell, RP in Cybersecurity, Discovery, E-Discovery, Law Office Management, Legal Ethics, Legal Technology

≈ Comments Off on Would You Report A Data Breach At Your Law Firm?

Tags

Cybersecurity, Data Breach, Doug Austin, E-Discovery, eDiscoveryDaily Blog

Has the Law Firm Holding Your Data Ever Suffered a Breach? You May Never Know: eDiscovery Trends, by Doug Austin, eDiscoverydaily Blog

http://tinyurl.com/lruvc2j

In February, we discussed a report about data breach trends in 2014 and how those trends compared to data breaches in 2013. That report provided breach trends for several industries, including the healthcare industry, which suffered the most breaches last year (possibly because stolen health records are apparently worth big money). But, according to a recent report, you won’t see any trends for law firms because the legal profession almost never publicly discloses a breach. . . .

Continue reading →

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ABA’s Hackness to Justice And All Types of New Apps.

28 Saturday Mar 2015

Posted by Celia C. Elwell, RP in Apps, iPad, iPhones, Legal Technology

≈ Comments Off on ABA’s Hackness to Justice And All Types of New Apps.

Tags

American Bar Association, Apps, Hackness to Justice, iPad, iPhone, iPhone J.D., Jeff Richardson

In The News, by Jeff Richardson, iPhone J.D.

http://tinyurl.com/nf2zx6m

Please read the entire post. As always, Jeff Richardson has plenty of news to share. -CCE

This past weekend, the ABA Journal sponsored its second Hackcess to Justice legal hackathon, where attorneys and programmers worked all weekend to create apps that help lawyers and increase the ability of individuals to gain access to legal services.  This year the event was in my hometown of New Orleans, but unfortunately I wasn’t able to go.  Victor Li of ABA Journal describes the winning apps.  The first prize went to an app called Legal Proof that helps an attorney or a client collect and organize evidence.  Second prize went to New Orleans attorney Ernest Svenson and Massachusetts attorney William Palin for their PaperLess app.  Read the ABA Journal article to find out about the other best entrants. . . .

Continue reading →

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Jury Selection – There’s An App For That.

22 Sunday Mar 2015

Posted by Celia C. Elwell, RP in Apps, iPhones, Jury Selection, Legal Technology, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Jury Selection – There’s An App For That.

Tags

iJuror App, iPad App, Juror Selection, Legal Productivity, Travis Francis, Voir Dire

iPad App: iJuror – Jury Selection at Your Fingertips, by Travis Francis, Legal Productivity

http://tinyurl.com/n5trohp

Gone are the days of using sticky notes and legal pads to assist with voir dire and jury selection. Now from the convenience of your iPad, attorneys are able to track their jury pools and organize notes throughout a trial by downloading iJuror.

iJuror is a jury selection app that helps attorneys select from a jury pool by maintaining juror information and responses during the jury selection process. . . .

Continue reading →

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Use The GoodReader App To Sign PDF Documents On iPhone or iPads.

18 Wednesday Mar 2015

Posted by Celia C. Elwell, RP in Adobe Acrobat, iPad, iPhones, Legal Technology

≈ Comments Off on Use The GoodReader App To Sign PDF Documents On iPhone or iPads.

Tags

.pdf, iPad, iPhone, iPhone J.D. Blog, Jeff Richardson, Signatures

GoodReader Update Adds Signatures, by Jeff Richardson, by iPad J.D. Blog

http://tinyurl.com/l4bvqj6

The GoodReader app is one of the most frequently used apps on my iPad because it has such great tools for organizing my documents, syncing them to my computers, and annotating PDF files.  And perhaps best of all, the developer is constantly finding ways to make the app even better.  This week, GoodReader version 4.10 was released, and it adds the ability to create and add signatures to your documents.  I’ve used many other apps with a signature feature, but GoodReader does such a nice job of implementing the feature that it may now be the best way to sign a document on an iPad or iPhone. . . .

Continue reading →

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More File Naming Convention Tips.

07 Saturday Mar 2015

Posted by Celia C. Elwell, RP in File Naming Conventions, Law Office Management, Legal Technology, Office Procedures

≈ Comments Off on More File Naming Convention Tips.

Tags

File Naming Conventions, Law Office Management, Legal Technology & Tips, Office Procedures

File Naming Conventions  

This supplements a previous post listing file naming conventions. See https://researchingparalegal.com/2014/03/29/please-use-electronic-file-naming-conventions/. If none of those were a good fit for you, perhaps one of these will hit the mark. -CCE

Best Practices For File Naming, Stanford University Libraries
http://library.stanford.edu/research/data-management-services/data-best-practices/best-practices-file-naming

File Naming Conventions, Data Management for Undergraduate Researchers, Purdue University Librarians
http://guides.lib.purdue.edu/content.php?pid=440001&sid=4901667

Getting Organized: Great Tips for Better File Names, by Jill Duffy, PC Mag
http://www.pcmag.com/article2/0,2817,2385613,00.asp

File Naming Guidelines, The Center for Teaching and Learning, Division of Academic Affairs, UNC Charlotte
http://teaching.uncc.edu/learning-resources/articles-books/best-practice/web-accessibility/file-naming-guidelines

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Can You Use iPads or iPhones in Court? Maybe – Maybe Not.

03 Tuesday Mar 2015

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Android Phones, Appellate Law, Apple, Blackberry Phones, Cell Phones, Court Rules, Courts, Federal District Court Rules, iPad, iPhones, Laptop, Legal Technology, Local Rules, Oral Argument

≈ Comments Off on Can You Use iPads or iPhones in Court? Maybe – Maybe Not.

Tags

Court Rules, iPads, iPhone J.D. Blog, iPhones, Jeff Richardson, Legal Technology & Tips

Court Rules on iPhone, iPad Use, by Jeff Richardson, iPhone J.D. Blog (with hat tip to Ray Ward, Louisiana Civil Appeals Blog)

http://www.iphonejd.com/iphone_jd/2015/03/court-rules.html

If there are rules for or against using any type of technology in a courtroom, you will normally find the court’s preference in its local rules. Courts don’t write local rules just for fun. They mean it when they say they don’t like something. If your court clearly states in its local rules that certain types of technology are not tolerated, don’t temp fate by assuming that you will be the exception.

Please note the comments at the end of the article. There is more valuable information about other court rules. -CCE

There are countless ways that an iPhone and iPad can be useful to an attorney while in court — whether you are at counsel table or just monitoring proceedings from the cheap seats in back. I often use my iPhone to look up a statute, check my calendar, get some information from an email, or remind myself of the name of another attorney in the courtroom. I often use my iPad to look at a case cited by an opponent, review the key part of an exhibit or transcript, or take notes. But you cannot do any of this unless the court lets you use electronic devices in the courtroom. I remember a time many years ago when the Eastern District of Louisiana did not allow any cell phones, even if turned off, and if my Palm Treo was still in my pocket, I had to walk back to my office, a few blocks away, and leave it there. Many courts are now more lenient, but attorneys should not just assume that it is okay to plan to use an iPhone and iPad in court. Instead, it is wise to first determine if there is an applicable court rule on the issue.

I write about this today because Ray Ward, an appellate attorney at my law firm, has a case that is soon set for oral argument before the U.S. Fifth Circuit, and in connection with that case, yesterday he received a notice from the Fifth Circuit of a new policy on electronic devices in the courtroom. Ray wrote about the notice (and attached a copy) in this post on his Louisiana Civil Appeals blog. In short, you can now have an iPhone or iPad in the courtroom, but it must be turned off unless you are presenting argument or at counsel table. And even then, you cannot take pictures or video, nor can you use social media. . . .

Continue reading →

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Formatting for Persuasive Legal Writing Makes A Difference.

28 Saturday Feb 2015

Posted by Celia C. Elwell, RP in Citations, Court Rules, Courts, Legal Technology, Legal Writing, Local Rules, Readability, Style Manuals

≈ Comments Off on Formatting for Persuasive Legal Writing Makes A Difference.

Tags

Collin Walke, Legal Writing, Oklahoma Bar Journal, Persuasive Legal Writing, Writing Format

Paragraphs and Indentation Formatting for Persuasive Writing, by Collin Walke, Vol. 86 OBJ No. 5 (2014).

http://www.okbar.org/members/BarJournal/archive2015/FebArchive15/OBJ8605Walke.aspx

Contrary to that pesky little voice in your head at this very moment, formatting is not a boring topic and is absolutely critical when writing a legal brief. Aside from the technical rule requirements for formatting briefs, which will be discussed in greater detail below, formatting is essential for persuasion. One of the best legal writers I have ever had the privilege of working with has a paperweight on his desk that reads: ‘Good writing is clear thinking made visible.’ Without good formatting, quality content will be lost in the mire of facts, law and argument.

The point of this article is to outline what good formatting looks like. First, the brief must be written in accordance with the formatting rules of your particular court. A brief for the district court of Oklahoma County will look different from a brief for the Western District of Oklahoma. Second, the format of the brief must be laid out so that it assists the reader in understanding your position. Finally, your format should match the needs of the particular brief. . . .

[Emphasis added.] Continue reading →

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Teensy Change To Rule 41 Would Change Scope of Technology Search Warrants.

22 Sunday Feb 2015

Posted by Celia C. Elwell, RP in Computer Forensics, Criminal Law, Cybersecurity, Federal Rules of Criminal Procedure, Law Enforcement, Legal Technology, PC Computers, Rule 41, Search Warrants

≈ Comments Off on Teensy Change To Rule 41 Would Change Scope of Technology Search Warrants.

Tags

Advisory Committee on the Rules of Criminal Procedure, beSpacific Blog., Federal Rules of Criminal Procedure, Google, Law Enforcement, Legal Technology, Richard Salgado, Rule 41, Sabrina I. Pacifici, Search Warrant

Small Rule Change That Could Give the U.S. Government Sweeping New Warrant Power, posted by Richard Salgado, Legal Director, Law Enforcement and Information Security, by Sabrina I Pacifici, BeSpacific Blog

http://www.bespacific.com/small-rule-change-give-u-s-government-sweeping-new-warrant-power/

‘At the request of the Department of Justice, a little-known body — the Advisory Committee on the Rules of Criminal Procedure — is proposing a significant change to procedural rules that could have profound implications for the privacy rights and security interests of everyone who uses the Internet. Last week, Google filed comments opposing this change. It starts with the Federal Rule of Criminal Procedure 41, an arcane but important procedural rule on the issuance of search warrants. Today, Rule 41 prohibits a federal judge from issuing a search warrant outside of the judge’s district, with some exceptions. The Advisory Committee’s proposed change would significantly expand those exceptions in cases involving computers and networks. The proposed change would allow the U.S. government to obtain a warrant to conduct ‘remote access’ searches of electronic storage media if the physical location of the media is ‘concealed through technological means,’ or to facilitate botnet investigations in certain circumstances. The implications of this expansion of warrant power are significant, and are better addressed by Congress. First, in setting aside the traditional limits under Rule 41, the proposed amendment would likely end up being used by U.S. authorities to directly search computers and devices around the world. Even if the intent of the proposed change is to permit U.S. authorities to obtain a warrant to directly access and retrieve data only from computers and devices within the U.S., there is nothing in the proposed change to Rule 41 that would prevent access to computers and devices worldwide. The U.S. has many diplomatic arrangements in place with other countries to cooperate in investigations that cross national borders, including Mutual Legal Assistance Treaties (MLATs). Google supports ongoing efforts to improve cooperation among governments, and we are concerned that the proposed change to Rule 41 could undermine those efforts. The significant foreign relations issues associated with the proposed change to Rule 41 should be addressed by Congress and the President, not the Advisory Committee.’

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iAnnotate App For iPad — Annotate And Manage With Lots of Tools!

22 Sunday Feb 2015

Posted by Celia C. Elwell, RP in Apps, iPad, Legal Technology

≈ Comments Off on iAnnotate App For iPad — Annotate And Manage With Lots of Tools!

Tags

.pdf, App, iAnnotate iPad App, iOS Apps, iPad, iPhone J.D., Jeff Richardson, Legal Productivity, PACER, Travis Francis

iPad App: iAnnotate – A Powerful PDF Tool for Lawyers, by Travis Francis, Legal Productivity

http://tinyurl.com/mgzommq

iAnnotate is a powerful document mark-up and management app that allows users to annotate, manage and share PDF, DOC, PPT and image files.

With iAnnotate, documents can be synced and imported from Box, Dropbox, Google Drive, Microsoft SkyDrive or WebDAV, and other iOS apps.

Once downloaded, the app includes numerous annotation tools including pen, highlighter, typewriter, stamp, straight-line, note, underline, strikeout, photo, voice recording, and date stamp. Locating these tools is easy and you can even customize the toolbar to include your most-used tools.

Users are also given the option of saving and syncing their annotations to either the original document or to a copy of the document.

The $9.99 iAnnotate iPad App (also available for Android devices) is particularly useful for lawyers. Jeff Richardson over at iPhone JD notes:

“All federal court pleadings on PACER are in PDF format and many state courts are moving to PDF electronic documents, other counsel frequently send me files in PDF format, when I do legal research I download the cases in PDF format, exhibits are in PDF format…[and iAnnotate] seems to be the most powerful and sophisticated app that I’ve seen for working with PDF files on the iPad.”

Check out also, Using iAnnotate to Review Court Decisions on your iPad: A paperless way to highlight text and take notes, then email or upload into Dropbox.

If you are looking for a powerful, comprehensive tool to annotate and review documents while on the go, iAnnotate is definitely worth the try.

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Google Now Voice Commands for Android Phones.

22 Sunday Feb 2015

Posted by Celia C. Elwell, RP in Android Phones, Apps, Legal Technology

≈ Comments Off on Google Now Voice Commands for Android Phones.

Tags

Android Phones, Apps, Google Now Voice Commads, greenbot blog, Jason Cross

Updated 20/20/15 – A List of All The Google Now Voice Commands, by Jason Cross, greenbot blog

http://tinyurl.com/qbncg4e

You pick up your phone and say ‘OK Google’… and then what? Your phone is listening. The microphone icon is pulsing. What do you say to your phone? What can you say to it? Google Now’s voice function has become surprisingly robust over the years.

Here’s a list of just about everything you can say to Google Now. Try experimenting with different phrasing, you’ll be surprised how much it understands. The part of the phrase in [brackets] can be replaced with any similar term you choose.

If Google Now doesn’t get your spoken commands right, you can correct it by saying ‘No, I said…’ and trying the phrase again. . . .

Continue reading →

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Don’t Have A PIN Lock On Your Phone? Hope Your Malpractice Insurance Is Up To Date.

16 Monday Feb 2015

Posted by Celia C. Elwell, RP in Android Phones, Attorney Discipline, Blackberry Phones, Cell Phones, Confidentiality, Cybersecurity, E-Filing, Emails, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Malpractice, Office Procedures, Passwords, Rules of Professional Responsibility, Supervising Support Staff, Technology, Technology

≈ Comments Off on Don’t Have A PIN Lock On Your Phone? Hope Your Malpractice Insurance Is Up To Date.

Tags

Android Phones, Confidentiality, Cybersecurity, DARKReading, Ed Hansberry, InformationWeek©, iPhones, Legal Ethics, Malpractice, PIN Lock, Smart Phones

Most Consumers Don’t Lock Mobile Phone Via PIN, by Ed Hansberry, DARKReading, InformationWeek©

http://tinyurl.com/plw76ut

My guess is that most people who use a smart phone access some kind of confidential information, such as your bank account or conversations with a client or the office. If you do not have a PIN lock on your smart phone, this truly is special kind of stupid.

This is not a hard one to understand. If you use your cell phone to communicate with clients, sync your phone to your office computer and docket, or attach yourself to your office and confidential information – without taking simple, basic security measures – you are  inviting a dangerous breach of confidentiality. -CCE

44% of respondents say it’s too much of a hassle, new survey reports.

People put a lot of sensitive info on their phones, but they often give little though to how secure their data is. In a survey by a security company, over half of the respondents said they didn’t bother with a PIN lock. This takes on a whole new dimension when you begin to understand how many of these people keep corporate data on the device.

Losing an unlocked phone can be far worse than losing a wallet. Emails on the device alone can reveal a wealth of information about the person, including where they bank, where they live, names of family members, and more. If company email is on the device, and it often is, there can be competitive information, salaries, system passwords, etc. If any of those emails contain links, often clicking on it will take you into the website, be it Facebook or a corporate portal.

According to Confident Technologies, 65% of users have corporate data on their phone, even though only 10% actually have a corporate issued device.

For that majority that don’t lock their phone at all, 44% said it is too much of a hassle to lock it and 30% said they weren’t worried about security. These are likely the same people that store things like social security numbers, passwords, and other sensitive information in text files or basic note applications. They may even store their computer’s password on a Post-It Note in their center desk drawer. . . .

Continue reading →

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Trouble Finding Words and Terms in Adobe Documents? Not Any More.

14 Saturday Feb 2015

Posted by Celia C. Elwell, RP in Adobe Acrobat, Legal Technology

≈ Comments Off on Trouble Finding Words and Terms in Adobe Documents? Not Any More.

Tags

Acrobat for Professionals Blog, Adobe Acrobat, Redact Feature, Rick Borstein, Search Function

Searching and Marking Multiple Words in a PDF, by Rick Borstein, Rick Borstein’s Acrobat for Professionals Blog

http://blogs.adobe.com/acrolaw/category/case-analysis/

Legal Professionals often need to search across a large number of documents. Finding a key fact, name or term is an important part of how you will apply your knowledge to a case.

For example, recently a paralegal sent me this email:

An attorney I work with just gave me a list of about 50 words and phrases as part of a case. I need to mark these terms each time I find them in my case documents. Help! Is there a way I can list all of the search words in a PDF?

While many folks have discovered the Search functionality in Acrobat, Acrobat 9 and below do not offer the ability to save searches or report the results.

Oddly, the only tool in Acrobat that allows you to search for terms and mark them in a PDF is part of the Search and Redact feature. . . .

Continue reading →

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Using Social Media In Police Criminal Investigations.

12 Thursday Feb 2015

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Criminal Law, iPhones, Legal Technology, Video

≈ Comments Off on Using Social Media In Police Criminal Investigations.

Tags

Cell Phones, Criminal Law, EvidenceProf Blog, Facebook, Jeff Bellin, Social media, Text Messages, Twitter

Monitoring Social Media: The New Face of Criminal Investigations, by Jeff Bellin, EvidenceProf Blog

http://tinyurl.com/lccsvkq

A recent story illustrates the bonanza of social media evidence police can obtain without ever leaving the station.

From the Richmond Times Dispatch, someone allegedly crashed a van into a Richmond area high school.

‘After the crash, which occurred about 1:30 a.m., investigators monitored Twitter, Facebook and other social media sites for information on who may have been responsible. The effort paid off, police said.

In addition to incriminating tweets, text messages and phone calls, detectives recovered a cellphone video of the crash itself — footage that shows a 1996 Ford Club Wagon van slamming into the school, said Chesterfield police Lt. Steve Grohowski.’

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Use Technology In Court, But Keep It Quiet!

12 Thursday Feb 2015

Posted by Celia C. Elwell, RP in iPad, Laptop, Legal Technology

≈ Comments Off on Use Technology In Court, But Keep It Quiet!

Tags

Apple Wireless Keyboard, Court Reporter, Depositions, Goodnotes, iPad, iPhone J.D., Jeff Richardson, Stenomask, Trial, Typing Keyboard, Wacom Bamboo Stylus

Quiet Keyboards For Court?, by Jeff Richardson, iPhone J.D. 

http://tinyurl.com/ool4gwt

I recently received an email from Baton Rouge, Louisiana litigator Ross Dooley of Roedel, Parsons, Koch, Blache, Balhoff & McCollister. He is looking for a quiet external keyboard that he can use with his iPad to take notes in court. He told me that he was recently using his iPad with the Apple Wireless Keyboard during a hearing when the judge’s minute clerk alerted him that his typing was too loud. This was a courtroom in which the court reporter was wearing headphones and speaking into a stenomask, and apparently the sound of the typing was somehow amplified in the court reporter’s headphones.

I don’t often encounter a court reporter using a stenomask, but even so, I rarely type using a keyboard with my iPad in court because I do think that the noise can be distracting. If I am going to use my iPad to take notes, I instead use a quiet stylus like the Wacom Bamboo Stylus duo and an app like GoodNotes. But I cannot write using a stylus as fast as I can with a pen, so for those times in court when speed matters, I just use pen and paper.

On the other hand, in depositions, I use a keyboard with my iPad all the time. In that setting, I have never found the Apple Wireless Keyboard to be too loud, nor have I found the sound of other keyboards to be too distracting. . . .

Continue reading →

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Problems With Automobile Security and Privacy Vulnerabilities.

11 Wednesday Feb 2015

Posted by Celia C. Elwell, RP in Cybersecurity, Litigation, Motor Vehicle, Product Liability

≈ Comments Off on Problems With Automobile Security and Privacy Vulnerabilities.

Tags

Automobile Manufacturers, Cyber Attacks, Hacking, Motor Vehicles, Privacy, Security, Technology, Tracking

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. The responses from the automobile manufacturers show a vehicle fleet that has fully adopted wireless technologies like Bluetooth and even wireless Internet access, but has not addressed the real possibilities of hacker infiltration into vehicle systems. The report also details the widespread collection of driver and vehicle information, without privacy protections for how that information is shared and used. ‘Drivers have come to rely on these new technologies, but unfortunately the automakers haven’t done their part to protect us from cyber-attacks or privacy invasions. Even as we are more connected than ever in our cars and trucks, our technology systems and data security remain largely unprotected,’ said Senator Markey, a member of the Commerce, Science and Transportation Committee. ‘We need to work with the industry and cyber-security experts to establish clear rules of the road to ensure the safety and privacy of 21st-century American drivers.’ Senator Markey posed his questions after studies showed how hackers can get into the controls of some popular vehicles, causing them to suddenly accelerate, turn, kill the brakes, activate the horn, control the headlights, and modify the speedometer and gas gauge readings. Additional concerns came from the rise of navigation and other features that record and send location or driving history information. Senator Markey wanted to know what automobile manufacturers are doing to address these issues and protect drivers.’

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Jim Calloway’s New Legal Technology Column – This Will Be A “Must Read!”

11 Wednesday Feb 2015

Posted by Celia C. Elwell, RP in Law Office Management, Legal Technology, Technology, Time Management

≈ Comments Off on Jim Calloway’s New Legal Technology Column – This Will Be A “Must Read!”

Tags

Jim Calloway, Jim Calloway's Law Practice Tips Blog, Law Office Management, Legal Technology, Time Management

It’s Time To Love Technology, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://www.lawpracticetipsblog.com/2015/01/ime-to-love-technology.html

Lawyers tend to have a love/hate relationship with technology. Of course, that’s often true for any of us who use today’s technology for our work. But for many lawyers, these feelings are quite pronounced and, without offering any amateur psychological diagnosis, I feel many members of the legal profession evidence a split personality when using technology.

So begins my column, It’s Time To Love Technology, in the January/February issue of Law Practice Magazine. I know that statement is easier for me to say, having an interest in technology rather than the very-typical lawyer aversion to technology. But it is time, past time actually, to be updating to technology-based digital work flows. It is time to embrace the fact that the tools of our trade are mainly technology-based tools. We would certainly judge others who did not know how to use the basic tools of their trade properly. It is time. I appreciate that you are too busy and think you don’t have the time.

But, as I noted in my column:

If you are billing a client for four hours to do something that could be done in 20 minutes, you are not doing right by your law practice or your client.

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You Could Be Unintentionally Violating Client Confidentiality In Public.

10 Tuesday Feb 2015

Posted by Celia C. Elwell, RP in Confidentiality, Legal Ethics, Legal Technology, Technology

≈ Comments Off on You Could Be Unintentionally Violating Client Confidentiality In Public.

Tags

Client Confidentiality, Inadvertent Disclosure, Lawyerist Insider, Lawyerist.com©, Legal Ethics, Public Wi-Fi

If You Are Reading This Over Public Wi-Fi, You Are Probably Putting Your Clients’ Information At Risk, Lawyerist Insider, Lawyerist.com©

http://tinyurl.com/ltl8fox

Most legal professionals know that conversations about a client’s case should never happen in a public place. Regardless, there are times when we seem to forget. If you have ever eaten in a popular restaurant close to the courthouse, then I will bet you’ve overheard trial and settlement strategy openly discussed within earshot during lunchtime. This post discusses what should be obvious – keep all confidential information about clients private, not public. -CCE

On several occasions, I have overheard lawyers talking very loudly on the phone to their clients. Coffee shops, of course, but courthouse bathroom stalls seem to be an especially popular place to hold attorney-client phone conversations at length and in great detail, quite loudly. While inadvertent disclosure does not void the privilege, talking loudly from a public bathroom stall is only ‘inadvertent disclosure’ in the sense that the lawyer is a dumbass.

Using public wi-fi without taking appropriate security precautions isn’t quite as bad as discussing settlement strategy in the bathroom at opposing counsel’s firm, but it’s not too far from it. A couple of weeks ago I was curious to see how easy it actually is to see what other people connected to a public wi-fi router are doing. I found out it is really easy. In a couple of minutes, I got explicit instructions that let me scan the network for other computers, pick one, and see the websites it was accessing. I didn’t even have to install anything on my MacBook.

It’s so easy that you could do it, too. It’s so easy that plenty of people are doing it, every day, probably on the public wi-fi networks you use.

Before you send or receive client information over a public wi-fi network (by email, for example, unless you know your email connection is secured), read Lisa’s post, ‘Beware Public Wi-Fi When Accessing Client Information.’ Don’t be the lawyer talking loudly in a public bathroom — er, wi-fi network.

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Do-It-Yourself E-Discovery? Is There Such A Thing?

08 Sunday Feb 2015

Posted by Celia C. Elwell, RP in Concept Search Tools, Discovery, Document Review, E-Discovery, Emails, Federal Rules of Discovery, Legal Technology, Microsoft Office, Native Format, Outlook, Preservation, Requests for Production, Rule 34

≈ Comments Off on Do-It-Yourself E-Discovery? Is There Such A Thing?

Tags

Ball In Your Court Blog, Computer Forensics, Craig Ball, Discovery, E-Discovery, E-Mail, Evidence, Native Format, PST Files

Do-It-Yourself Digital Discovery, Revisited, by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/ol2urvf

In case you have not noticed, Craig Ball is re-posting older articles, as he explains below. Truly folks, when it comes to e-discovery, when Craig Ball speaks, I listen. Maybe you should too. 

I have posted many of his revisited posts. To find them all, visit his blog, Ball In Your Court at https://ballinyourcourt.wordpress.com/. -CCE

This is the thirteenth in a series revisiting Ball in Your Court columns and posts from the primordial past of e-discovery–updating and critiquing in places, and hopefully restarting a few conversations.  As always, your comments are gratefully solicited.

Do-It-Yourself Digital Discovery [Originally published in Law Technology News, May 2006]

Recently, a West Texas firm received a dozen Microsoft Outlook PST files from a client. Like the dog that caught the car, they weren’t sure what to do next.  Even out on the prairie, they’d heard of online hosting and e-mail analytics, but worried about the cost. They wondered: Did they really need an e-discovery vendor? Couldn’t they just do it themselves?

As a computer forensic examiner, I blanch at the thought of lawyers harvesting data and processing e-mail in native formats. ‘Guard the chain of custody,’ I want to warn. ’Don’t mess up the metadata! Leave this stuff to the experts!’ But the trial lawyer in me wonders how a solo/small firm practitioner in a run-of-the-mill case is supposed to tell a client, ‘Sorry, the courts are closed to you because you can’t afford e-discovery experts.’

Most evidence today is electronic, so curtailing discovery of electronic evidence isn’t an option, and trying to stick with paper is a dead end. We’ve got to deal with electronic evidence in small cases, too. Sometimes, that means doing it yourself.

As a computer forensic examiner, I blanch at the thought of lawyers harvesting data and processing e-mail in native formats. ‘Guard the chain of custody,’ I want to warn. ‘Don’t mess up the metadata! Leave this stuff to the experts!’ But the trial lawyer in me wonders how a solo/small firm practitioner in a run-of-the-mill case is supposed to tell a client, ‘Sorry, the courts are closed to you because you can’t afford e-discovery experts.’

Most evidence today is electronic, so curtailing discovery of electronic evidence isn’t an option, and trying to stick with paper is a dead end. We’ve got to deal with electronic evidence in small cases, too. Sometimes, that means doing it yourself.

The West Texas lawyers sought a way to access and search the Outlook e-mail and attachments in the PSTs. It had to be quick and easy. It had to protect the integrity of the evidence. And it had to be cheap. They wanted what many lawyers will come to see they need: the tools and techniques to stay in touch with the evidence in smaller cases without working through vendors and experts.

What’s a PST?

Microsoft Outlook is the most popular business e-mail and calendaring client, but don’t confuse Outlook with Outlook Express, a simpler application bundled with Windows. Outlook Express stores messages in plain text, by folder name, in files with the extension .DBX. Outlook stores local message data, attachments, folder structure and other information in an encrypted, often-massive database file with the extension .PST. Because the PST file structure is complex, proprietary and poorly documented, some programs have trouble interpreting PSTs.

What About Outlook?

Couldn’t they just load the files in Outlook and search? Many do just that, but there are compelling reasons why Outlook is the wrong choice for an electronic discovery search and review tool, foremost among them being that it doesn’t protect the integrity of the evidence. Outlook changes PST files. Further, Outlook searches are slow, don’t include attachments (but see my concluding comments below) and can’t be run across multiple mail accounts. . . . .

.

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The New and The Best Lawyer Apps for 2015.

07 Saturday Feb 2015

Posted by Celia C. Elwell, RP in Android Phones, Apps, Cell Phones, iPad, iPhones, Law Office Management, Legal Technology, Management, Marketing, Trial Tips and Techniques

≈ Comments Off on The New and The Best Lawyer Apps for 2015.

Tags

Android Phone Apps, Brian Focht, Cell Phones, iPhone Apps, Lawyer Apps, Legal Technology, Management, Marketing, Styles Byrum & Horne LLP, thecyberadvocate.com, Windows Phone

Best New Apps for Lawyers from January 2015, by Brian Focht, Civil Litigation Attorney at Styles Byrum & Horne LLP

http://tinyurl.com/mdhprmo

Whether you’re looking to market your firm, increase your practice’s productivity, prepare and present information at trial, or increase your practice management capacity, there’s an app for you! Check out the best new apps for lawyers, for iOS, Android and Windows Phone, from January 2015!

And,

The Best New Apps for Lawyers – January 2015, thecyberadvocate.com

Whether you’re looking for marketing, practice management, or litigation strategy, here are the best new apps for lawyers from January 2015.

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Litigator Mac and iOS Resources, Websites, and Blogs.

27 Tuesday Jan 2015

Posted by Celia C. Elwell, RP in Apple, Apps, iPad, iPhones, Legal Technology, Mac

≈ Comments Off on Litigator Mac and iOS Resources, Websites, and Blogs.

Tags

American Bar Association, Apps, iPads, iPhones, iTunes, Legal Technology, Macs, Podcasts, Solo Small Firm and General Practice Division, Victoria L. Herring

MAC USER: Mac/iOS Resources for Litigators, by Victoria L. Herring, Vol. 31 No. 5, Solo, Small Firm and General Practice Division, GP SOLO, American Bar Association

http://tinyurl.com/pv5ozal

Most litigators are good researchers. Or they should be. We could all use a little help, however, so I’m presenting here a collection of Mac/iOS-based resources I’d suggest to other litigators. Each is accompanied by a link so you can explore further on your own.

One caution: Websites, blogs, etc. on the Internet frequently ‘die’ or fail to be updated. When you follow these links, or conduct your own research on a search engine, try to limit your searches within the last one or two years. This is not to say that older resources aren’t useful or valuable—sometimes they are even better than the newer ones. But, particularly in the realm of technology, you need to use the most up-to-date resources possible.

First Stop: iTunes

Before I present my list, I should note that when I need to explore and find resources on any topic, I tend to start with Apple’s iTunes application (apple.com/itunes). iTunes, which can be used both on Macs and on Windows machines, is a store of free and paid items that can be quite useful. So, first off, I open iTunes on my computer (or iPad, although usually for this I’m sitting with my laptop or desktop Mac). In all the cases discussed below, I sometimes put the term ‘law, ‘constitution,’ ‘justice,’ ‘trial,’ and such in the search box to narrow the field. Skipping over the entertainment choices (Music, Movies, TV Shows), I head straight for iTunes U.

iTunes U is a collection of presentations, seminars, classes, and the like from universities and colleges, associations, and galleries all over the world—even from schools in the K-12 range. There are all sorts of categories, and one of them is ‘Law & Politics,’ with topics such as ‘Legal Writing,’ ‘Constitutional Law,’ etc. There’s a wealth of information there. It’s free (really!) and downloadable and playable on your iPad, iPhone, iPod, or computer.

After that, still searching in iTunes, I head to Podcasts. As with iTunes U, there are all sorts of providers of podcasts on a variety of topics—and they’re free. Not all are worth listening to, and there’s no similar topic breakdown, but there are podcasts on ‘Government & Organizations,’ ‘Business,; and, of course, ‘Technology’; you can search all topics if you want to see if there’s something more focused on trials and litigation.

There is also, of course, iTune’s App Store. There are loads of categories, and any number might include a relevant and helpful application for your iDevice related to trials and litigation. On my iPad are apps for the following general topics: reading (Kindle, Zinio, iBooks, Instapaper), messaging (Messages, Skype, Google Voice), access/storage (Files Pro, CrashPlan, USB Disk), writing (Pages, Penultimate, Notability), scanning (JotNotPro, AT&T Code Scanner, RedLaser), signing documents (SignEasy, SignNow, DocuSign), printing (Cloud Printer, Printer Pro), conversion (myConvert, Units, Ruler Plus, iHandy Level), and law (Fastcase, FedCtRecords, LawBox, Iowa Lawyer magazine). It seems everyone has an app these days, which is good, and they’re either free or inexpensive enough to test. And there are apps that follow the whole topic of applications and scout out other apps to try for a day or two, which is good to know.

Finally, the Books topic on iTunes includes many free books, mostly those long copyright-free, but a few that are recent and especially helpful (iPad at Work, business and finance topics, etc.). There are both e-books (readable on iOS devices or computers using iBooks) and some audiobooks (which tend to cost between $10 and $20, but that might be worth it for a long trip).

Now for That List

Over the years I’ve collected a list of numerous websites, blogs, and online articles that might provide helpful information for lawyers involved in trial work, particularly related to working with Macs and iOS devices. Here are the ones I’ve found most useful: . . . .

Continue reading →

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iWrite Legal – Free iPhone App For Legal Writers.

26 Monday Jan 2015

Posted by Celia C. Elwell, RP in Apple, Apps, Editing, iPhones, Legal Technology, Legal Writing, Plain Language, Proofreading, Readability

≈ Comments Off on iWrite Legal – Free iPhone App For Legal Writers.

Tags

iPhone App, Kathleen Vinson, Law Sites Blog, Legal Writing, Legal Writing App, Legal Writing Tips, Robert Ambrogi, Writing Checklist

Can An iPhone App Improve Your Legal Writing?, by Robert Ambrogi, Law Sites Blog

http://www.lawsitesblog.com/2013/03/can-an-iphone-app-improve-your-legal-writing.html

Can an iPhone app improve your legal writing? Kathleen Vinson thinks so. A professor of legal writing at Suffolk University Law School in Boston, Vinson has developed iWrite Legal, a free iPhone app designed to help legal writers improve their writing skills.

The app consists of three sections — Legal Writing Tips, Legal Writing Checklist and Additional Resources — all aimed at providing advice and guidance on writing, editing and proofreading a legal document.

The first section, Legal Writing Tips, is simply that — a collection of tips, no doubt gleaned from Vinson’s own experience teaching legal writing. Each tip occupies its own screen, with a heading such as ‘Finding the Time to Write,’ ‘Be Consistent’ and ‘One Point at a Time,’ followed by a paragraph that elaborates on the point. For example, under the heading, ‘Writing Efficiently,’ the app offers this tip:

Do you feel that it is taking a long time to draft a document? Good writing takes time but often what slows writers down is trying to edit while you write. Don’t edit/revise while you write or stop to think of the perfect word. Write quickly and then once you have completed a draft, edit slowly. If you have to, cover the screen while you type so you can fight the urge to edit while you write.

The second part of the app consists of four legal writing checklists. They cover the initial stages of writing, revising, editing and proofreading. For example, the checklist for the initial stages of writing lists items such as, ‘What is the purpose of the document?’, ‘What relief do you want from the court?’ and ‘Why is your client entitled to this relief?’ As you satisfy yourself that you have covered each element, touch that element in the app to check it off.

The final component of the app, Additional Resources, simply provides links to the Suffolk Law Legal Practice Skills program’s Twitter feed, YouTube video and Legal Writing Tips podcasts.

So will this app make you a better writer? . . . .

Continue reading →

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Email Etiquette.

24 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Emails, Legal Technology

≈ Comments Off on Email Etiquette.

Tags

Email Etiquette, Judge Gerald Lebowitz, Legal Prof Skills Blog, Louis J. Sirico Jr.

Advice on Email Etiquette, by Louis J. Sirico, Jr., Legal Skills Prof, Legal Skills, Legal Skills Prof Blog

http://tinyurl.com/ksgmsd7

If you are looking for a short article for your students on email etiquette, you might consider “Email Netiquette for Lawyers,” republished in “Senior Lawyer” by the New York State Bar Association (here). Judge Gerald Lebowitz offers sensible and sound advice that should help the reader use email effectively and avoid pitfalls.

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iPhone and iPad Tips, Apps, and Podcasts.

24 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Apple, Apps, iPad, iPhones, Legal Technology

≈ Comments Off on iPhone and iPad Tips, Apps, and Podcasts.

Tags

CarPlay App, iOS8, iPhone J.D. Blog, Jeff Richardson, Overcast App, Safari, Stylus

In The News, by Jeff Richardson, iPhone J.D. Blog

http://www.iphonejd.com/iphone_jd/2015/01/in-the-news275.html

As usual, Mr.Richardson has shared a variety of tips and apps for iPhones and iPads well worth noting. I must find time to listen to more podcasts. There is so much great info there, and I’m missing it! -CCE

CI’ve long been a fan of using a stylus to take handwritten notes on the iPad. There are a lot of nice styluses on the market, and I’ve tried a ton of them, but in my opinion there is still no one perfect stylus because the iPad just isn’t designed to detect something smaller than a fingertip. Of course, Apple could change this, an there are now rumors that Apple might be creating a stylus for the iPad. Serenity Caldwell of iMore explains why this would make sense, and I would also love to see a stylus designed by Apple to work well with an iPad. And now, the other news of note from this week:
• If you listen to podcasts, I strongly encourage you to check out Overcast, a fantastic app that I use every day. California attorney David Sparks explains why he likes the app.
• New York attorney and iPhone J.D. reader David Rosen asked me to share that he started a new blog on New York civil procedure called Arguments & Demonstrations. In his latest post, we learn that, according to a recent New York opinion, chimps are not people with legal rights. Those damn dirty apes!
• CarPlay is a technology that is just starting to be included in new cars. In theory, it should be the best way to connect your iPhone to your car. In practice, the technology is still pretty new and rough around the edges. Jason Snell of Six Colors explains how it works, and also what doesn’t yet work.
• One of the more sophisticated features of iOS 8 is that apps can include action extensions, so that you can use features of one app from within another app. Allyson Kazmucha of iMore rounds of 11 good examples of action extensions on the iPhone.
• Rene Ritchie of iMore has some great tips for using Safari on an iPhone.
• And finally, what is a device that you use every day and every night? No, not your iPhone, I’m talking about your toothbrush. But don’t you wish that you could get those two critical devices to talk to each other? If that has been keeping you up at night, then you’ll want to learn about the Oral-B Electric Toothbrush with Bluetooth Connectivity, a toothbrush that pairs with your iPhone to make sure that you brush your teeth long enough and in the right way. You can get it on Amazon for only $125. Here is a video from Joanna Stern of the Wall Street Journal explaining why the Bluetooth in your iPhone and the white teeth in your mouth might work well together: [See post for video.-CCE.]

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Link Rot – How To Archive The Internet?

21 Wednesday Jan 2015

Posted by Celia C. Elwell, RP in Footnotes, Legal Technology, Link Rot

≈ Comments Off on Link Rot – How To Archive The Internet?

Tags

beSpacific Blog., Content Drift, Footnotes, Internet, Jill Lepore, Link Rot, Reference Rot, Sabrina I. Pacifici, URLs

The Cobweb – Can The Internet Be Archived?, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/cobweb-can-internet-archived/

This is not my first post on “link rot.” There are groups who are looking for solutions, but I cannot in confidence say that there is yet a definitive answer. -CCE 

The New Yorker – Annals of Technology. January 26, 2015 Issue. The Cobweb Can the Internet be archived? By Jill Lepore

‘…The Web dwells in a never-ending present. It is—elementally—ethereal, ephemeral, unstable, and unreliable. Sometimes when you try to visit a Web page what you see is an error message: ‘Page Not Found.’ This is known as ‘link rot,’ and it’s a drag, but it’s better than the alternative. More often, you see an updated Web page; most likely the original has been overwritten. (To overwrite, in computing, means to destroy old data by storing new data in their place; overwriting is an artifact of an era when computer storage was very expensive.) Or maybe the page has been moved and something else is where it used to be. This is known as ‘content drift,’ and it’s more pernicious than an error message, because it’s impossible to tell that what you’re seeing isn’t what you went to look for: the overwriting, erasure, or moving of the original is invisible. For the law and for the courts, link rot and content drift, which are collectively known as ‘reference rot,’ have been disastrous. In providing evidence, legal scholars, lawyers, and judges often cite Web pages in their footnotes; they expect that evidence to remain where they found it as their proof, the way that evidence on paper—in court records and books and law journals—remains where they found it, in libraries and courthouses. But a 2013 survey of law- and policy-related publications found that, at the end of six years, nearly fifty per cent of the URLs cited in those publications no longer worked. According to a 2014 study conducted at Harvard Law School, ‘more than 70% of the URLs within the Harvard Law Review and other journals, and 50% of the URLs within United States Supreme Court opinions, do not link to the originally cited information.’ The overwriting, drifting, and rotting of the Web is no less catastrophic for engineers, scientists, and doctors. Last month, a team of digital library researchers based at Los Alamos National Laboratory reported the results of an exacting study of three and a half million scholarly articles published in science, technology, and medical journals between 1997 and 2012: one in five links provided in the notes suffers from reference rot. It’s like trying to stand on quicksand…’

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Verizon Zombie Cookies Must Die!

20 Tuesday Jan 2015

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Consumer Contracts, Consumer Law, Contract Law, Cybersecurity, Legal Technology

≈ Comments Off on Verizon Zombie Cookies Must Die!

Tags

Electronic Frontier Foundation, Online Privacy, Smart Phones, Tracking Cookies, Turn, Verizon, Zombie Cookies

Zombie Cookies Slated to be Killed, by Julia Angwin and Mike Tigas, ProPublica

http://tinyurl.com/n9d7ago

Tech company Turn said it would stop using tracking cookies that are impossible to delete. The decision came in response to a ProPublica article this week that revealed the controversial practice.

‘We have heard the concerns and are actively re-evaluating this method,’ Max Ochoa, Turn’s chief privacy officer, wrote in a blog post.

He said the company plans aims to suspend the practice by ‘early February.’

Turn’s zombie cookie was exploiting a hidden undeletable number that Verizon uses to track its customers on their smartphones on tablets. Turn used the Verizon number to respawn tracking cookies that users had deleted. The company said it will now re-evaluate its practices.

Turn’s decision to suspend the practice was a sharp reversal from its previous stance. It had previously argued that ‘clearing cookies is not a reliable way for a user to express their desire not to receive tailored advertising.’

Critics across the Web vocally disagreed. Jason Kint, CEO of a trade association for digital content companies, wrote that ‘this kind of surreptitious behavior does nothing to build trust between consumers, advertisers and publishers.’ The Electronic Frontier Foundation, a digital rights organization, said Turn’s action made it ‘ impossible for customers to meaningfully control their online privacy.’

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