Be Aware

Be on the lookout if you're using MSN Messenger. I got a message that tried hacking my system. It goes under the auspices of the phrase, "Hey, is this you?" [smiley].

Harping on Privacy

Lately it seems that a lot of these posts are focusing on privacy, and the importance of protecting that privacy. The big "harp" for attorneys is protecting client privacy, but how much do we think about our own privacy, especially when we leave our "secure" office connection.

The funny (or coincidental) thing is that I received an email today addressing this problem. Some of the things discussed in the email, were discused by me in earlier posts, here and here. I'm reproducing the email "in toto" for your consideration:

One of the big risks [of blogging] is privacy (of course). Anything you place in the Internet is FOREVER. Even if you change your mind and attempt to delete items, they remain backed up in various places and are accessible forever. So, anything you publish online should always be considered permanent.

Privacy is an issue for two main reasons. First of all is identity theft. There are increasing numbers of bad guys wanting to steal the identity of you and your children. Although this is not usually dangerous, it's very, very inconvenient if you or your kids become a victim. Although these bad guys aren't usually out to harm you physically, it can actually lead to that.

The second reason privacy is important is for the safety of your family. Although unlikely, there are bad folks out there who prey upon vulnerable families. Information from a blog could assist someone to inflict harm in a variety of ways including burglary, kidnapping, harassment, lawsuits, etc. Also, photographs posted on blogs can be used to identify family members or photos can be manipulated (photoshopped) for other sinister purposes which I won't explain.

Many family bloggers think they are protecting their privacy by using only initials or aliases. This method doesn't work very well because over time bloggers usually slip and use real names. Or even if they're careful, someone will post comments on their blog with information the blogger themselves wouldn't have posted. (for example someone may say, "have fun on your cruise next week!" thereby alerting the entire world your house will be vacant.)

One of the reasons I've had some experience following blogs is tracking down child abusers. One of the ways we've alerted authorities across the country about child abuse is by reading blogs. It has been interesting to see how many folks think they are hiding their identity, but even a bunch of novice Social Workers can find the family. There's simply no way to make a blog meaningful or interesting while leaving out all identifiable information. We've found families by their mentioning of their pastor's name, their child's school mascot, etc, etc. And as I mentioned, often it's the comments posted by others to their blog which are very revealing. We've also been able to see who a person's Internet service Provider is and find their city. Computer geeks are a lot better at this than a bunch of Social Workers.

A private, password protected blog is better, but it also has it's problems. A friend of mine has a private family blog which he checked using my computer. My computer saved his login info, and I was then able to log in (by the way, my friend told me I could log in). This is just one simple example.

Finally, many folks think "we don't have to worry about stalkers and wackos, after all, we're not celebrities or public figures." Sadly, I've worked with too many people who suddenly found themselves in circumstances they never dreamed would happen to them. They became the victim of a random crime, witnessed a crime, became a juror on a high profile case, got sued, etc. etc. One sad case I worked on involved a high school girl who was stalked by a boy she met at school. In many of these cases folks have regretted the information made public, which was later used against them.

Anonymity

Posted from the iPAQ:

Is there anything "private" anymore? We talk heartedly about privacy and personal autonomy. I'm wondering whether we are closer to less privacy each day.

I just watched the news about a local scheme trying to gather personal information. Recently I wrote about this problem.

I think more and more, technology is helping us abandon our legitimate expectation of privacy.

Some Non-lawyer Activities

About 5 years ago, I purchased a Magellan Sportrak Map GPS device. Like most techo-gadets I purchase, this device lagged behind the "latest and greatest" trends but, the small design and rugged features fit my fancy (not to mention the unbelievable sale price). At last, I was able to do all of the outdoor adventures, without the dreaded compass. I could go anywhere, because I had the digital power of "handheld topo maps."

One of the "new" activities I discovered was Geocaching. This new adventure involves inputing GPS coordinates, and tromping around the countryside looking for someone else's burried or hidden junk, signing a crusty logbook, leaving your own deposit of useless treasures, and reburying the mangled army ammunition box.

Like every other 8 year-old boy, I'd long fascinated about the prospect of being a swashbuckling pirate. I recall many hours my brother and I spent "hoisting the main-sail" and "shivering me timbers" in our pursuits around the neighborhood.

Now, 20-plus years later, holding securely onto my GPS, my heart pumps quickly as the guage shows I'm slowly getting closer to the target. At the "cache," the load of goods is less-than-satisfying, but luckily my heart still thrills from the chase.

The great thing about Geocaching, is that I can get outside and enjoy some interesting expeditions. Another site, launched by the same company, makes locating and photographing historical, local, or other unique transactions the treasure. I'm a manager of the "Cigar Store Indians" category.

If you're not already involved, I'd encourage everyone to get out and scavenge for unique and important locations or unleash your hidden pirate.

In Need of a Good Laugh

Above the Law has some of the funniest stuff. They gather everything stupid and entertaining, and throw it into unique and memorable blogposts.

I'm sitting here waiting for class to start just laughing at some of the stuff they've posted. Take a moment and check them out.

Note on the Name Change

Apparently, there is more than 1 blog operating under the title "Legal Ease." In deferrence to Ms. Allison Shields, who has operated her blog far longer than me, I have changed the name of my blog. Please note that this blog is not related or affiliated with Ms. Shields' blog. As a side note, hers is much better than this one anyway, go read it.

As for the new name, someone else can fight for their injunction. Who knew anyone was actually reading this thing?

My obsession

I'm obsessed with podcasts.

If you're not sure what podcasts are, check out this Wikipedia article for a full explanation. Basically, a podcast is an amateur (sometimes professional) radio/tv/entertainment/local cable access program produced by someone in the garage or office. The topics vary and subjects vary.

I received my iPod as a Christmas gift in 2006, and immediately became obsessed. My obsession will go in spurts, as it's difficult to find great podcasts that are worth listening to. Right now, I subscribe to 11 different podcasts, with 20+ feeds. Some of these are law related (like LegalUnderground, The Digital Edge, and Lawyer2Lawyer), while the vast majority of them are personal interest blogs (US Presidents Podcast and Fly Fish Radio).

The think I like most about the podcast method, is the ability to go anywhere with the information. The iPod allows me to take my information and listen to the materials in the car, at the office, or anywhere else. Additionally, Apple's new implementation of iTunesU might revolutionalize the education process. I say might, because full implementation will not occur until those tenured and techno-fearing professors leave the profession. It's especially unlikely in law schools, at least mine, because of the aversion to recorded lectures. However, if you're a 1L or other law student, trying to get a grasp on things, you might want to check out this podcast produced by students at the University of Cinncinati School of Law.

So if you're looking for an alternative to traditional learning, and you're not subscribed to a podcast, check one out!

Why don't people think?

I was browsing the local news VERY early this morning and ran across this article.

Basically the story istelling us that we need to be more aware of the personal information we put at about ourselves.

I have harped on my friends and relatives about giving out too much info about themselves. The problem is even more tragic in social network experiences. I'm amazed at how many put people put name, address, telephone number, and school schedule, thinking they are safe.

I've "tagged" a couple people in preparation for my lawsuits because of the information on their Facebook or MySpace pages. I think it more people would remember the "what would Jesus do?" mantra before posting, they'd have fewer of the worries discussed in the article.

But then again, I might have to work harder at proving liability, or at least a regular pattern of behavior.

Follow-up

Since writing this post, I've reflected on the case with some of the attorneys at my office. I think we're all in agreement that the first holding, if limited to similar facts, is appropriate. I still my protest that any judicial interference with pretrial tactics is too much.

The interesting thought another attorney had is whether these pretrial "contracts" will entitle contingency lawyers to fees and costs? If the rules of contract law apply, then the remedies are contractual (including fees/costs). This makes an interesting argument for any court.

My first solo

In Oklahoma, the Supreme Court authorizes law students the opportunity to practice law with a limited license. For the most part, the student acts as an attorney, able to practice under another attorney's supervision.

I received such a limited license in July.

Today I flew solo! The experience was fantastic, and I wet my tounge with the thrill of litigation.

Salaries

Have you seen this? All I can say is WOW. All that bunk during my "indoctrination session" about professors making more money in the private sector seems false. I'd much rather work 3 hours per day for basically 32 weeks, and make $100,000 per year.

Everything I Learned Really Was In Kindergarten

Do you remember the craze about 10 or 15 years ago over the "Everything I needed to know, I learned in Kindergarten" materials? I remember how frantic every soccer mom was to get a hold of the poster and tack the momento onto the kitchen fridge or in some child's bedroom.

Well, recently I had the opportunity to sit down with my three year-old and read some classic children's books written by Dr. Seuss. I had never realized this before, but I think a lot of the good "doctor's" books had timely and relevant (subliminal) messages regarding life, similar to those Kindergarten materials.

Consider for example, that old time favorite, The Cat in the Hat. I believe there's a simple lesson mixed among the multitude of rhymes. The Cat in the Hat urges readers to venture out of their comfort zones and experience a new take on a good thing.

Next consider the message expressed in The Sneetches. In a seeming reproach of racism or segregation, Seuss shows that when we focuses on differences, our societies begin to erode.

Finally, look at The Zax. This classic tells the tale of a "north-going Zax, and a south-going Zax" who refuse to change courses when confronted with an obstacle.

I like these, and Dr. Seuss's other stories, because of their fanciful, yet simple take on life. Dr. Seuss's stories show us how to deal with complex scenarios and remember that what life really comes down to is making simple changes in our own. I encourage you to visit this site, or this site to learn more about the wonderful, Dr. Seuss.

Easy (Cheap) Alternatives to the "Real" Thing

I recently discovered three great programs I think would benefit any solo or small firm because of their relative ease of use, and cost.

Since I'm looking to start my own firm, cheap practice tools are always on my mind. In general, I think your should spend the money on quality programs (like Office 2007 or Acrobat Pro), but there are some utilities you can skimp on, and save money too (see this post for some examples).

Pathagoras, produced by Innovative Software Products of Virginia, is one such money-saver. The company boasts that the Pathagoras program "is a multi-faceted document authoring tool." I believe they're right about that. I've used the program for it's 90-day trial period (another great perk), and have found that some of the more mundane document creation tasks are completed with ease. I like that the program is missing all of the "bells" that others possess (PDF Maker, search engine, etc), I'm getting what I need/want to make me more productive. Moreover, the learning curve to put together a document with this program is almost non-existant. I was using and creating documents within 1 hour (the company boasts 15 minutes) of installing the program. What's the best part of the whole she-bang? THE PRICE - Single User = $379! Compare that with other leading document creation programs (LexisNexis' HotDocs at $300 for HotDocs 2008 Standard Edition), and you've sold me!

My next recommendation comes from National Law Forms. This company produces two products that I think, again because of their price, are well suited for solo/small firm use. Their Bankruptcy software, priced at $429, and Estate Planning software ($229), seem to compare well with other leading brands. I would suspect that there might be errors in the software development, that might create risks for attorneys (I've spotted a few just in my trials). I like the 30-day money back guarantee (think about Tommy Boy and negotiations regarding guarantees), which puts my mind at ease regarding my money. Whether they follow through is an alternate condition.

Finally, if you're not using Dragon Naturally Speaking, WHERE HAVE YOU BEEN FOR THE PAST DECADE? This latest version (number 9) adds a whole new dimension to your dictation experience. I use this for letters, memos, papers, dictation, emails, etc. You name it! While you can go "cheap" (i.e. your local Target sells a version for about $30), I recommend the Preferred or Professional Editions. I like the available option of using my HP iPAQ for dictation, and uploading the product to my desktop. A word of advisement however, be aware that the "simple training" hyped by the manufacturer gives you limited voice recognition. I recommend performing the training, and continuing to tweak the pronunciation. In total, I've spent about 1 hour getting my program to 99% accuracy, expect even more time if you're using a different vernacular.

Most importantly, remember, I am not guaranteeing these programs for anything more than what they are. You're on your own to implement or not implement them into your own practice. As always, use the trial period to your advantage, and test the program for accuracy and applicability.

Wikipedia gets praised

Check out Jim Calloway's newest post. I love Wikipedia, especially in a pinch to get some guerilla research information.

If you can't say anything nice . . .

Have you read the most recent decision released by the Oklahoma Supreme Court? If not, take a look at GOMES v. HAMEED, 2008 OK 3.

The Court holds that "1) the absence of a contractual relationship with an emergency room patient entitles a doctor to statutory immunity from claims of negligence pursuant to The Good Samaritan Act . . .; and 2) an agreement not to sue negotiated on behalf of a minor and/or incapacitated person requires court approval to be enforceable." Id. at 0.

While I agree (partially) with the reasoning and outcome of the first holding, I am struggling to get my head around the second holding. I'm by far not the foremost contracts law expert, but the holding seems to spit in the face of contracts doctrine 101. Isn't the point of determining meaning the meaning of a contract an examination of the party's intent? Remember Lucy v. Zehmer? I think the debate is over when the doctors were going to be sued, in the first trial, or in the second.

From my view, it seems Justice Opala is right on:

"The contract tendered in this case as the basis of a physician's plea in bar based on her contractual immunity deals solely with a tort lawyer's trial strategy. By that strategy immunity from suit was allegedly extended to a physician in exchange for her favorable testimony in a minor's tort case against a hospital. I would not restrict an advocate's strategy choices by injecting the judiciary into a field in which it lacks the same quantum of expertise as that possessed by a practitioner."

But that's just the pro-plaintiff coming out in me, perhaps you favor Justice Taylor's reading:

I would enforce the agreement not to sue. This agreement was negotiated by the plaintiff's counsel in order to secure the physicians' assistance in the plaintiff's suit against the hospital. The plaintiff accepted all benefits of that agreement. The physicians acted in reliance upon the agreement.

I'd like to know what you think, and whether I'm off the boat.

In another note, why didn't the resident doctor claim the privilege granted by Anderson v. Eichner and The Oklahoma Government Tort Claims Act?

Outlook 2007 makes it happen

I just read Ross Kodner's latest article called, Kodner on the State of Legal Technology, posted at Technolawyer. I've already shouted my praises for MS Outlook 2007, and Ross just affirms my accolades.

What's Better than Free? Two for the price of free!

Are you always looking for a great freebie that will improve your office, in addition to your daily life? Here are a few of my favorite applications:

1. PrimoPDF - if you're too cheap to buy Acrobat Pro 8, but you want a great way to create PDF files for storage or filing, PrimoPDF is the freebie that will do the trick. Be aware though that there are no frills with the program.
2. Paint.NET - this freebie certainly contends with Adobe Photoshop for simple photo editing applications.
3. Easy Time Tracking - here's a great freebie that gives you the ability to keep track of your time, and send out bills. Although it's marketed toward "contractors who need to know how much time they spent on certain tasks and how many hours they need to bill their clients for," the program is easy to utilize for small firm/client projects. I imagine that you'd want something with more frills for a larger caseload.
4. LogMeIn - do you want to make your office more mobile? LogMeIn offers a free application that allows you to control your office desktop from an outside source. I use this with my Windows Mobile and Laptop to keep all my files together. The drawback is that the free version does not allow you to transfer files between computers - look at the "pro" version for another cheap upgrade.

And now for the granddaddy of all freebie sites, Giveawayoftheday.com. While most of the stuff is useless for business purposes, there is occassionally one program that makes your personal life so much better.

As a side note: If you're a bit of an outdoor gear enthusiast, check out steepandcheap.com, which boasts discounted camping, hiking, climbing, skiing, biking, etc. gear and clothes. However, look out for my least favorite item, the lycra/spandex biking suit. I'm sure they're very comfortable, they just give me nightmares of that week I wrestled in high school.

Interesting Tools - ShareO and Outlook 2007

Our office recently moved from Amicus Attorney to MS Outlook for docketing, scheduling, client contact information, etc. The upgrade costs and tech support problems cuased concerns for our semi-budget conscious firm. After discussing solutions with the Office Manager, I was charged with researching and implementing a new client management and docketing system.

Ross Kodner and Andrew Simpson presented an article titled, Outlook for Lawyers: The Case Manager You Already Have, at the 2nd Annual National Solo and Small Firm Conference, which triggered my interest in using the program already installed, but under-utilized on the office computers. Kodner and Simpson's presentation lauded the benefits of Outlook 2007 as a resource for case management, but also emphasized that "Outlook is No Substitute for a Real Legal Practice Management System." Since we only needed a quasi-practice management system, Outlook was definitely an option.

Outlook 2007 certainly is a huge improvement over any previous versions. These improvements make it highly beneficial for practice management, mainly docketing, client information, phone messaging, etc. Namely, Outlook possesses all of the capabilities that other management systems have (with similar pricing, not to be discussed now), without the hassle of integration concerns, updates, etc. The Office Manager decided that she wanted all computers/staff/attorneys to use Outlook as the primary calendaring tool by the end of the summer 2007.

At first, all of the senior partners were skeptical about the prospect of using a new system. Most complained, and continued to use Amicus or their "reliable" paper calendars. After 1 month though, all of the attorneys shifted to the new system for their office calendaring.

However, there was still problem with Outlook: Outlook contained no way to create/view office-wide calendars without an exchange server. Our solution (and one suggested by Kodner and Simpson): ShareO. This unique (and cheap) tool enables our office to connect and share attorney/staff calendars, contact lists, tasks, etc, without worrying about programming/server maintenance and huge costs.

Here's how it works in our office:

Each attorney "shares" their calendar, tasks, and contacts with other team members. If the attorney is a supervisor, then only that attorney shares the calendar, and the staff use his/her calendar to docket all events and appointments. Attorneys and staff members use Outlook's "Tasks" function to leave phone messages or other notes for the attorney. The date and time are entered, including the type of message. At the end, the message looks like this:

From here, the task is saved and sent directly to the attorney's task folder for viewing. When finished, the attorney deletes the item from the task bar. The process works the same way for calendar and contact items as well.

ShareO uses an email message to send/receive the information packets. To manage this, we just set up alias email accounts: user_shareo@domainname.com. Their name matches to the sender, and most of the users never know this email exists.

After 6 months of using the ShareO/Outlook integration, even the "dinosaurs" can agree that this is a relatively cost effective and simple solution.

There are some drawbacks that Kodner and Simpson discuss. Overall though, I am confident that small and mid-sized firms can utilize this system with relative ease and little trouble.

Next Time: PrimoPDF & Paint.NET

Relevance of the ABA?

My firm is a collaboration of solos and small firm practitioners. In total, there are about 15 different attorneys in the office, with various numbers of support staff. This past week, I discussed the relevance of the ABA with one of the attorneys in the office where I work.

In general, we concluded that for solos and small firms, the ABA irrelevant. The ABA's general focus on BIG LAW, makes it pretty much useless for solo and small firm attorneys. As a student member, I can sign up for a small price, and become inundated with materials I will neither read, nor ever purchase in the future - and that's just the section materials, not including the advertising.

However, there are two sections that at least deserve applause and are worth paying for. The General Practice, Solo and Small Firm Division is the first one, followed by the Law Practice Management Section. For their insightful informaton, and helpful practice tips, I think every solo and small firm would benefit.

What's your thought?

HD-DVD is dead

With most film distributors opting for Blu-ray format, as opposed to the HD-DVD format, it looks like the HD-DVD will be heading the way of Beta.

This NY Times article, and several of the other 205 similar articles shown on Google News describe the slow progression toward Blu-ray.

It looks like Sony gets revenge afterall, and it's time to finally purchase that Blu-ray player and HDTV I've been waiting for.

Interesting (Essential?) Tools - The Introduction

Being an aspiring lawyer and seasoned tech-geek, I've played around with numerous programs and methods that I think would benefit any lawyer looking for an edge or ability to manage the chaos.

Many similar "techo-blogs" have discussed the benefits of Acrobat 8, Microsoft Office 2007, and even moving to a Mac. I've looked at all of these, and more. I can't agree more with benefits/cons of each one.

I've realized that the ultimate aspiration for "uber-guru's" (and arguably sensible practitioners) is the "elusive 'paperless' office." My current office consists of a few "techo-dinosaurs," a few "somewhat savvies," and me, an uber-guru. It's funny to watch the interplay between all these characters, especially as the dinosaurs are forced to grasp onto the new technologies in order to stay competitive. Not to mention that when we discuss the complexities of the paperless or techo-dependent, heads explode.

In the following series of posts, I'll discuss some of the programs I have found, and implemented into our law office. These programs enable/encourage the paperless office, and because of their relatively low prices, are "must-have" adoptions by solos and small firms.

Dennis Kennedy's Tech Greats for '08

If you're not in the habit of perusing the ABA Journal for information, you should be.I found this article posted by Dennis Kennedy. His suggestions for a new year are exactly on, especially if you're an "aspiring techie" or "dinosaur." I testify from my own lustful experience, that by implementing just one of his suggestions, you'll be on your way to "early-adopter" status.

Hey, even I'm adopting one of his suggestions by starting this blog.

Our Winter Vacation

We spent our Christmas break in Hawaii, on the Big Island. Here's some of the pictures I had printed and will put in my office.

Off to the races . . .

Welcome to the blog. This is going to be about a menagerie of topics related to law & practice management. I don't profess to be an expert, but I'll try my best to provide some insight into the changing world of technology and the law practice.