About
The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


Texas Ethics Opinion Strips Professionals of CIO, CTO Titles

Texas2I'm still reeling over the news that the Texas State Bar's ethics committee has declared that law firms in that state can no longer use the words "officer" or "Prinicipal" in job titles for nonlawyer employees, including chief information officer and chief technology officer.

Five organizations that support legal professionals fired off a joint letter on June 16, protesting the Opinion, and urging the bar to allow firms to offer incentive compensation for business performance to non-lawyers, reports LTN's Mark Gerlach.

The motivation for the bar apparently is worries about "fee-splitting with non-lawyers" and concerns that a non-lawyer might have the power to control "significant areas" of firm operations.

But "there is a universal use of the title ‘officer,’ including CFO, CEO, CIO, CMO and others,” said Charlotte, N.C.'s Steve Fletcher, CIO at Parker Poe Adams & Bernstein. “To say that those same professional executives couldn't have ‘officer’ in their titles when working in a law firm is absurd.”

BTW, we have just refurbished LTN's Linkedin Group—Feel free to join, and dive into the conversation there (http://at.law.com/LTNgroup) and/or comment here!

Read Mark Gerlach's full story here: http://at.law.com/LTN13617

June 22, 2014 | Permalink | Comments (0) | TrackBack (0)

Deja Vu — The Common Scold is Back!

  TCSLTWCTime sure flies, doesn't it! I confess, I've been a bit absorbed with other tasks, so it's fun to get back to The Common Scold! And ironically, my first return post addresses the same issue as my last one: It's time for LegalTech West Coast! I'm headed to LA tomorrow and can't wait to see our left coast pals.

We are returning to the Westin Bonaventure in downtown L.A., Tuesday and Wednesday with keynotes, plenary sessions, seminars, the exhibit hall with vendor demonstrations and information and plenty of networking (and CLE) opportunities. 

Tuesday, you'll find me in the seminar rooms: I'm moderating "The New Legal Ecosystem" track of three panels addressing how small firms are integrating tech and becoming big threats to Big Law. And I'm also moderating the plenary session: "The Golden Grail: Selling Your Company—Advice from Venture Capitalists, Investors & Investment Bankers," as well as the Wednesday morning keynote, "Navigating Today's Cyper Environment: How Secure is Our Data."

And yes, Monday is your last chance to get discounted tickets: The Exhibit "Plus" Pass is free through Monday ($50) Individual and Team passes info is available at www.legaltechshow.com. You can find the full schedule there as well. 

Can't wait to see you!

June 22, 2014 in #LTWC | Permalink | Comments (0) | TrackBack (0)

Come Join Us @ The Westin Bonaventure

Hope to see you at LegalTech West Coast, which opens Tuesday morning at the Westin Bonaventure in downtown L.A. Money tight? Check out the $50 special pass that buys you keynotes, plenary sessions, and other programs, as well as full access to the exhibit halls!

C U there!

May 20, 2013 | Permalink | Comments (1) | TrackBack (0)

Is Surface Pro a game changer for lawyers? Is Microsoft's Surface Pro a game-changer for lawyers?

May 20, 2013 | Permalink | Comments (0) | TrackBack (0)

Sean Doherty reports from Guidance's CEIC

Ceic_monitors128Although Guidance Software revenue in the first quarter of 2013 was approximately $26 million — up from $23 million in the first quarter of 2011— Victor T. Limogelli was disappointed. The 2013 first quarter results did not meet his expectations, for three primary reasons, said Limongelli, CEO, president, and director of the computer forensic and e-discovery software company, during a Q1 2013 Earnings Call on May 2.

Limongelli capsulized the reasons in the call, which precedes the company's popular annual conference known by its acronym CEIC, (née The Computer and Enterprise Investigations Conference) that runs May 19 to 21. The Guidance Software-sponsored event tackles cybersecurity, e-discovery, and digital investigations, offering hands-on labs, lectures, and an exhibit hall. It is held this year at the Rosen Shingle Creek in Orlando, Fla.

Read more about the three reasons -- and CEIC --  at http://at.law.com/LTNCEIC1

Image: CEIC

May 20, 2013 | Permalink | Comments (0) | TrackBack (0)

LegalTech: Cisco's ethics team Tuesday LTN's Editor-in-Chief Monica Bay interviews Cisco's ethics team, who transformed its Code of Business Content into an e-book.

May 20, 2013 | Permalink | Comments (0) | TrackBack (0)

Roland Vogl & TJ Johnson on Future Law

Screen Shot 2013-05-20 at 9.55.38 PMJoin T.J. Johnson, Roland Vogl (left), and Monica Bay at LegalTech West Coast Tuesday to discuss the future of law. 

Read our cover story about Stanford Law's CodeX  legal technology incubator program .

Image: Eric Millette

May 20, 2013 | Permalink | Comments (0) | TrackBack (0)

LegalTech West Coast Kicks Off Tuesday

Flaherty_casey128 

D. Casey Flaherty, a frequent contributor to Law Technology News, presents the Day 1 Keynote at LegalTech L.A., at 9 a.m. Tuesday  at the Westin Bonaventure. Check it out

May 20, 2013 | Permalink | Comments (0) | TrackBack (0)

2012 LTN Innovation Awards - Last Chance 2 Enter

LTNawards12logo 

 

It's free, it's painless, and it's a chance to shine a well-deserved spotlight on some of the unsung heroes of the legal industry.  Nominate the best and the brightest in these categories:

 

1. IT Champion of the Year

2. CIO/IT Director of the Year

Most innovative use of tech in:

3. Large firm >100

4. Small firm <100

5. Law Dept or Govt'l agency

6. Pro Bono project

Info and form here: http://www.law.com/jsp/lawtechnologynews/ltn_awards.jsp

Email entries to mbay@alm.com by 11:59 Monday Dec. 3

Questions: mbay@alm.com or 212 457 9530

 

November 30, 2012 in LTN Awards | Permalink | Comments (0) | TrackBack (0)

Hurricane Sandy - photos from the Upper East Side

Carcovered The upper east side of Manhattan fared better than lower parts of our island, but none the less, several cars will drive no more. In the grand scheme of things, that's so not a big deal considering the devastation and lives lost in the wake of Sandy's visit to the East Coast. 

Here are a few more photos, shot within a few blocks of the East River. See album here.

 

 

PA300340

 

 

 

 

 

  Aptbldg

 

 Images: Monica Bay

October 30, 2012 | Permalink | Comments (1) | TrackBack (0)

Legal Tech Day today in SF!

TeachNeed to rack up some continuing legal education credits, especially those hard-to-find ethics hours? Concerned about the changes to the American Bar Association's Model Rules of Professional Conduct that now mandate that lawyers must be cognizant about legal technology? Want to learn more about how to effectively use trial technology?

Well, if you'll be in the San Francisco Bay Area today (Wednesday, September 19), have we got a program for you! Our sister publication, The Recorder, is sponsoring Legal Tech Day 2012 in San Francisco at the Commonwealth Club, located on the second floor of 595 Market Street. (BART/Muni: Montgomery Street station). Walk-ins are welcome!

The half-day workshop is free and offers four CLE credits. It starts at 8 a.m. (breakfast) and runs through 1 p.m. The event is sponsored by The Focal Point, Thomson Reuters, Kroll Ontrack, and LexisNexis.

At 8:30 a.m., Law Technology News' technology editor, Sean Doherty and I will present the keynote address, entitled "Ripped from the Headlines: Seven Technology Trends Lawyers Must Know." We will walk the audience through LTN's recent cover stories, a veritable crash course about the advantages — and ethics hazards — of using legal technology.

Topics will include insider trading scandals at three global firms; BYOD (bring your own [mobile] devices to work);  the potential pitfalls of cloud computing; surprising e-discovery models; the "sudden" emergence of Big Data; hidden traps in legacy files; legal project management; and alternative fee arrangements. You'll learn how technology can help your organization produce services for both external and internal clients better, faster, and more more cheaply — while you dodge danger. Doherty will provide overviews of current technology options and guidance on how best to stay on top of technology developments. (We're both members of the California bar.)

Then, join us for two more presentations:  Sponsored by The Focal Point, from 10:15 a.m. to 11:45 a.m., will be presented by attorney G. Christopher Ritter, will discuss courtroom technology options. Then, from noon to 1 p.m, Clay Dawson, a Thomson Reuters litigation product specialist, will present "Technology Tools for Litigators," sponsored by TR.

Join us!

Read the full article here.

September 19, 2012 | Permalink | Comments (0) | TrackBack (0)

#ILTA12 What a Week! (take 4)

P8270046Herb Roitblat's bobble-head doll!

 

 

 

 

 

Philcropped

 

 

 

 

Phil Rosenthal, Fastcase

 

 

 

 

 

P8270071

 

 

 

 

 

ALM's Marnie Maroney,
Barrie Harmelin

and Henry Dicker (right)

P8260538

 

 

 

 

 

 

 

P8260560 P8270033Unidentified Survivor!

 

 

 

 

Photos: Monica Bay

August 31, 2012 in #ILTA12, Conventions, Meetings, Live Programs | Permalink | Comments (0) | TrackBack (0)

#ILTA12 What a Week! (take 3)

Jennifer-Whittier-ILTA12Jennifer Whittier, Cole Valley Software

 

 

 

 

 

Cowen2 copy

 

David Cowen, The Cowen Group

 

 

 

 

 

Below from left: Mary Pat Poteet (Project Leadership Associates),

John Alber (Bryan Cave), Yvonne Dornic (e-Sentio)

P8260558

 

 

  P8300131

 

 

 

(right) John Tredennick (Catalyst

Repository Systems) 

 

 

 

 

P8270023Linda Sackett, Cinda Voutselas,

and colleagues.

 

 

Kraft

Michael Kraft, Kraft Kennedy.

Photos: Monica Bay

August 31, 2012 in #ILTA12, Associations & Groups, Conventions, Meetings, Live Programs | Permalink | Comments (0) | TrackBack (0)

#ILTA12 What a Week (take 2)

DixTimothyILTA12Timothy Dix, Xpriori

 

 

 

 

 

Doug Horton Handshake SoftwareHorton1

 

 

 

P8270014

 

 

 

Mary Mack, Zylab, and consultant George Socha.

 

 

 

 

P8270026 copy

 

Beth (Apple) and Bil Kellermann (Wilson Sonsini)

 

 

P8260518

 

Cathy Kenton,

Legal Vertical Strategies

 

 

 

 

Photos: Monica Bay

August 31, 2012 in #ILTA12, Associations & Groups, Conventions, Meetings, Live Programs | Permalink | Comments (0) | TrackBack (0)

#ILTA12 What a Week!

The International Legal Technology Association annual meeting, like ALM's LegalTech New York, can be absolutely overwhelming (especially to newbies), but with careful scheduling and planning can be an exhilarating (and definitely exhausting) experience. When it's time to head home, my head is always exploding with new ideas, concepts, and goals for Law Technology News. But more than anything else, I relish the chance to catch up with the folks who have become not just colleagues, but genuine friends over the 14 years I've been editing the magazine.

Here are just a few shots of the wonderful people who create our fantastic community. How lucky we all are to share our careers with such amazing individuals!

BarsocchiniILTA12

CBoydILTA12 Forshee-Jobst-ILTA12

 

 

 

 

 

Above left: JoAnna Forshee, Suzy Mills, & Jobst Elster. (Forshee and Elster are with Envision Agency.)

Above right: Chris Boyd, senior director of professional services, Wilson Sonsini.

Far right: Al Barsocchini, senior director, strategic consulting, NightOwl Document Management Services.

Below: Tracy Elmblat, director of applications, development, project management, and customer support at Bingham McCutchen.

William Hamilton, partner, Quarles & Brady, and dean at Bryan University's e-discovery department. 

Tracy1

Hamiltoncrop

 

 

 

 

 

 

(More photos coming!)

Photos: Monica Bay

 

 

August 31, 2012 in #ILTA12, #ILTA2012, Associations & Groups, Conventions, Meetings, Live Programs | Permalink | Comments (0) | TrackBack (0)

#ILTA2012 Opening Day

Johansson_fran128Despite flight cancellations and delays caused by the opening statement of potential hurricane Isaac as it approached the U.S. mainland, the opening ceremonies of the International Legal Technology Association annual conference came off with only slight hitches Sunday night, and rolled right into an energetic keynote on Monday morning by Frans Johansson. Read about termites, Muslim bathing suits, Nascar, and tomato soup  here. Photo left: Johansson. 

 

Among the Keynote attendees and revelers at the Sunday reception:

E-Sentio's Yvonne Dornic and friend (right Dornic2), ILTA's executive director Randy Mayes (left), and Roberta Gelb (bottom left). More to come!

Mayes

 

 

Gelb-Roberta812 

Images: Monica Bay 

August 28, 2012 | Permalink | Comments (0) | TrackBack (0)

Continuing Legal Education in a Digital World


Smartphones
Nancy Patterson
-- president and CEO of LitigatorTechnology.com -- addresses the challenges facing small firm practitioners, on the American Bar Association's GP-Solo eReport website.

She interviewed several sources (including me) for the article, which discusses everything from how lawyers are using online courses, to how they choose real-time live programs (says Debora Faust: "Topic, location, and cost.") 

Patterson also is the editor of the Litig8r Tech blog that targets solo litigationrs and trial teams. 

Image: Clipart.com

August 17, 2012 in CLE | Permalink | Comments (0) | TrackBack (0)

Crunching Numbers

CrunchNumbers. Nothing can make or break your day than those crazy digits. Your checking account balance, your age, your weight, your frequent flyer number (along with your elite status) changing due to airline mergers, your salary, your cholesterol. The constantly changing numbers. A number can evoke a story: 2008 for anyone who owns a home, 9/11/2001, 2004 for Red Sox fans (and those many pinstriped numbers).

So it's not surprising that we find surveys and polls irresistible. Even though we know full well that surveys can be Delphic oracles, prone to ambiguity and misinterpretation, polls give us at least a fleeting sense that we just might understand where we have been, where we are, and where we are headed.

Recently three surveys provide much fodder for thought: 1) The Cowen Group's "1Q Critical Trends," report; 2) Gartner's latest annual report on legal technology vendors, and 3) ALM Legal Intelligence's recent survey on alternative fee agreements.

Check out the details here.

Image: Clipart.com

August 17, 2012 | Permalink | Comments (0) | TrackBack (0)

Much Buzz About Big Data Privacy Security

BdpsIs it just me, or has Big Data suddenly gone viral? Within days of each other, I received two interesting press releases. The first was from Holland & Knight  announcing that it was launching a new data privacy and security unit, led by partners Christopher Cwalina and Steven Roosa, who left Reed Smith to take on the new task. The unit is part of the firm's public policy and regulation group.

The second was from Hunton & Williams' Centre for Information Policy Leadership, which has launched a new multi-industry "Ethical Analytics" program "to highlight the benefits and directly address the risks raised by analytics in the age of big data by developing voluntary guidelines for their responsible use by organizations."

I got so interested in the intersection of Big Data, privacy, and security that I'm working on a story about it for the next issue of Law Technology News magazine. If your firm or law department has set up a unit to address this, feel free to ping me at mbay@alm.com and tell me about it. Ditto for vendors who are creating technology to address these issues.

Meanwhile, you can read my articles about Hunton & Williams here and about Holland & Knight's new unit here.

HabitAnd if you haven't read the "Target" chapter in Charles Duhigg's amazing new book, The Power of Habit, you definitely want to either buy the book or read the excerpt from The New York Times Magazine, here.

The Target story is what triggered my "eureka moment" where I knew I had to dive into this topic to begin exploring the legal and technology ramifications/implications. (Here's my book review.) I'm now officially obsessed mesmerized with BDPS. (Opps, is that new acronym?) 

And I'm also thrilled that Duhigg, an investigative reporter with The New York Times, will be the January 31 keynote speaker at LegalTech New York 2013 -- I can't wait! Check out www.legaltechshow.com for upcoming information about three-day show.

Image: Charles Duhigg

August 16, 2012 in Big Data Privacy Security | Permalink | Comments (0) | TrackBack (0)

Judith Flournoy Returns to Kelley Drye & Warren

Flournoy_judith128Judith Flournoy, a long-time member of Law Technology News' Editorial Advisory Board and a past president of the International Legal Technology Association, will be leaving Loeb & Loeb with what must be just about the easiest transition ever made by a CIO -- or for that matter, any legal professional. She's moving one floor up at her office at 10100 Santa Monica Blvd., in Los Angeles, to rejoin Kelley Drye & Warren.

"Same commute, same dry cleaners," she joked. She spent eight years at Loeb, and heads upstairs with nothing but praise for her two employers. Read more here.

See post directly below (or click here) about our upcoming ILTA career panel, which includes Judi!

Image: Judith Flournoy.

August 16, 2012 | Permalink | Comments (0) | TrackBack (0)

ILTA 12: Reassessing & Redesigning Your Career

ILTA_ac2dc_128In case you haven't noticed, Chicago's law firms seem to be in an intense "musical chairs" mode when it comes to CIOs. A quick charting shows that:

• Andy Jurczyk left SNR Denton to go to Seyfarth (with several of his staff). (Previously, David Hambourger left SNR D to become CIO of Dykema Gossett.)
• Sally Gonzalez, then of HBR Consulting, stepped into the SNR Denton slot as interim, and now has joined the firm as its Global CIO. (Also joining the firm is Michele Gossmeyer, as internim director of information management.)
• David Cunningham left HRB C to become CIO of Winston Strawn (after participating in five CIO searches in one year while at HRB C).
• Doug Caddell left Foley & Lardner this spring, and now is a Chicago-based managing director at HRB C.

Over on the left coast, Judith Flournoy had one of the most interesting announcements. She's going back to the future, rejoining Kelley Drye & Warren -- after eight years at Loeb & Loeb. She won't have to hire any moving vans -- KDW is one floor up from her current L&L digs. How convenient is that? And on the east coast, Andy Adkins thought he was retiring from consulting until he got a phone call from a friend... and now is in West Virginia with Steptoe & Johnson PLLC.

Each has a fascinating story -- and all will be speaking at a special panel at the International Legal Technology Association's annual conference, on Weds. August 29, at 11 a.m., the Gaylord National (near Washington, D.C.) I'll be moderating, and I hope you will join us! 

Here's Andy's story about our program, "Reassessing Your Calling to Redesign Your Career."

Image: ILTA

August 16, 2012 in #ILTA2012, Associations & Groups, Careers, Hiring & Retention | Permalink | Comments (0) | TrackBack (0)

ABA Adopts Tech Ethics Rules

Aba_black_logo128Sean Doherty (Law Technology News' technology editor) reports on the American Bar Association's House of Delegates vote about revisions to the ABA's Model Rules of Professional Conduct and commentary, addressing lawyers' use of technology, and the obligation to be knowledgeable about both the opportunities and risks.

His report also includes links to two LTN magazine articles analyzing the amendments, one by Michael Arkfeld and Stephanie Loquvam ("Too Little, Too Late"), and Robert Ambrogi's "Mischief & Malaise" (which focuses on social media). A third article, by John Barkett, ("ABA to Tackle Technology in Model Rules at August Meeting," appeared on the LTN website on June 25.

You can also listen to Arkfeld, Barkett, and Ambrogi discuss the issues, on my Law Technology Now podcast.

Image: ABA

August 9, 2012 | Permalink | Comments (0) | TrackBack (0)

Pontifications

Christy Headshot for Trustee Photo (00003796)Many thanks to Christy Burke, (left) president of New York City-based PR and marketing firm Burke & Company, for inviting me to participate in her series of essays about/from industry leaders that has been running in Burke's "Legal Technology Observer" blog. Burke's blog is part of the Legal IT Professionals website run by Rob Ameerun, who is based in the Netherlands. It takes an international focus on legal IT news, information, and commentary, and targets the usual suspects in IT, as well paralegals, knowledge management folks, and, says Burke, "lawyers interested in the technology that facilitates their work."

Burke's series of guest observers — some write, some are interviewed — includes Randi Mayes, executive director of the International Legal Technology Association; attorney/consultant Robert Ambrogi (LTN's "Web Watch" columnist and Lawyer2Lawyer podcaster on the Legal Talk Network); attorney/consultant/special master Craig Ball (LTN's e-discovery columnist); LTN board member Jeffrey Brandt, editor of the PinHawk Law Technology Daily Digest; and many other luminaries, including Mary Abraham, Ron Friedmann, Kevin O'Keefe, Sharon Nelson and John Simek. Next week, Burke, will post a "time capsule PDF containing all the posts" that will be available for free download.

For my essay, Burke send me a list of questions and then opened the starting gate. Here's the end result, with themes you will probably recognize from some of my prior rants commentaries.

Meanwhile, speaking of the Legal Talk Network, Lu Ann Reeb and the gang have created a "Featured Lawyers" section its website, with mini-podcasts and profiles of the attorneys who host podcasts. Already produced: Tom Mighell, Dennis Kennedy, Jared Correia, Marsha Kazarosian, and moi; others will be added in the near future.

Image: Christy Burke 

July 11, 2012 in People | Permalink | Comments (0) | TrackBack (0)

Kristin Currey Joins DTI

Currey_kristin128DTI (née Document Technologies Inc.) -- which offers discovery services, facilities management, and knowledge process outsourcing -- has named Kristin Currey as its new director of business development, West region -- part of DTI's national sales team.

Reached in Los Angeles, where she is based, Currey said her "primary duties are to bring marketing to in-house, corporate counsel to help them manage and control costs around e-discovery and litigation management.

Asked what is the biggest problem facing e-discovery, Currey answered quickly. "It's not regulated -- you can have people running businesses out of their garage. There are no standards," she said. As for potential answers to that problem, she suggests that vendors and providers should have to go through standards testing.

Read the full story here.

Image: DTI

July 9, 2012 in Corporate Counsel, EDD: E-Discovery, Marketing, People | Permalink | Comments (0) | TrackBack (0)

Inclusion Initiative Sets $139 Million Goal

HarlanEmery Harlan, board chair of the National Association of Minority & Women Owned Law Firms (and firm chair at Gonzalez Saggio Harlin) reports that members of NAMWOLF's "Inclusion Initiative" have announced a new goal of spending more than $139 million this year on legal services provided by outside firms owned by minorities and women.

II participants include large departments at 25 large U.S. corporations, including  AT&T, Coca Cola, Pacific Gas & Electric, and others.

200x267 Blount SusanSusan Blount, senior vice president and general counsel at Prudential, notes that "women are 50 percent of law school graduates, but they have a higher rate of attrition and failure to make partner than their male counterparts.The situation if even more profound for African American and other minority attorneys."

Members of the Inclusion Initiative work closely with NAMWOLF to identify best practices to maximize relationships with high quality minority‐ and women‐owned law firms, says Harlan.

"If the Inclusion Initiative companies meet the 2012 goal, we will have spent in excess of a quarter of a billion dollars on MWBE law firms in just three short years," said Richard Meade, Prudential's vice president and chief legal officers for international businesses. NAMWOLF, based in Milwaukee, is composed of more than 100 MWBE law firms in 33 states.

See Corporate Counsel article here.

Images: GSH, Prudential.

July 9, 2012 in Diversity, People | Permalink | Comments (0) | TrackBack (0)