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!


NO ENERGY CRISIS IN NOLA

About 300 people attended this week's Louisiana Bar Association's first Solo & Small Firm Technology Conference -- about three times the number originally expected by the organizers of this nuts-and-bolts conference.

Ericsmall_2 LSBA's Eric Barefield, left, -- who has the long title of Professional Counsel for Law Office Management and Professional Assistance -- was the chief organizer of the program, which not only was a crash course in legal technology but a nifty way to rack up a whole lot of CLE credits in two days.

I was honored to be invited to serve as the lunch speaker, on the topic of blogging, and among the others of our legal tech community who participated were consultant Tom O'Connor, a recent emigre to NoLa, Andy Adkins of the University of Florida (Gainesville) Legal Technology Institute, and the ubiquitous Ross Kodner, president of Milwaukee-based MicroLaw Inc.

Adkinssmall O'Connor and Adkins, right, are current LTN editorial advisory board members, Kodner is a former board member, and watching them in action this week reminded me of what talent and energy and heart they bring to our community.

They are three very different personalities, but one common thread permeates all three: a true passion for their work. It's a running joke among all of us that if you are on a panel with Ross Kodner, you better speak first or you will be lucky to speak for 5 minutes. He's a very effective, enthusiastic  speaker, who seems to almost to burst with eagerness to share his expertise with the audience. If we could tap his energy we would be paying 24 cents a gallon for gas again.

Rossmall_2 I sat in on his "How Not to Commit Malpractice with Your Computer," and was reminded of how effective Kodner, left, can be at the podium. Aside from his dreadful PowerPoints (Ross! Don't cram so much text on each slide!) he's a whirling dervish of practical information, presented with humor and enough person asides to make the potentially dry material very palatable. In fact, often compelling.

Perhaps the best part of his presentation was when he showed an actual BigFirm document (redacted to remove any identifying material) to demonstrate how a huge firm got fired when its client was able to read all the metadata on the file about its history -- which included such tasty details as the fact that the document was actually originally created by another firm, modified by a low-level associate in less than an hour, but billed out at a huge partners' rate for far more time than one hour. Let's put it this way, Ross had the audience's attention.

Too many CLE speakers at programs are just flat-out lousy who appear to view the opportunity as a chore, and stand up and give flat monotoned monologues while attendees work on their   BlackBerrys or play Scrabble on the iPods while collecting CLE credits.

Ross, Andy & Tom are examples of speakers who know how to push essential information while capitalizing on the "theater" of the podium, so that at the end of the session, the attendees want more ..... rather than looking for the fastest way to exit the room.

Congrats to Barefield and the LSBA team for presenting a high-energy, two-day program that was crammed with the pragmatic and the essential, from ethics and malpractice prevention, to overviews of basic technology tools (everything from Adobe Acrobat to Outlook to case management to scanners).

May 10, 2008 in Climate Challenge / Katrina, Conventions, Meetings, Live Programs, Law Firm Management, Technology, Travel, Webinars, Podcasts, Programs | Permalink | Comments (0) | TrackBack (0)

TOM O'CONNOR ON LAW TECHNOLOGY NOW

EOconnor_2 -Discovery: Defining Documents -- Bye Bye Bates

One of the most challenging problems facing litigators is how to work with the massive volume of digital documents produced during discovery. In the past, each piece of paper was stamped with a "Bates" number -- to help manage exhibits. But with digital files, no "pages" and no "Bates" number! Now files may be anything from Excel spread sheets to Word files, to e-mail, to iPod downloads! What to do?

Listen as Monica Bay, editor-in-chief of Law Technology News talks with Tom O'Connor, director of the Legal Electronic Document Institute (and a long-time member of LTN's editorial advisory board) who says it's time to rethink how we process and review files. Hear about a simple step that controls costs, improves accuracy and could dramatically change the face of e-discovery.

Continue reading "TOM O'CONNOR ON LAW TECHNOLOGY NOW "

May 9, 2008 in Webinars, Podcasts, Programs | Permalink | Comments (0) | TrackBack (0)

LIVE FROM NEW ORLEANS

I am demonstrating live blogging during my presentation to the La. Bar Assn.

May 8, 2008 in Conventions, Meetings, Live Programs | Permalink | Comments (0) | TrackBack (0)

BODINE ON SOCIAL NETWORKING & CMOs

Lecture2 Let's turn the mic over to Larry Bodine, member of LTN's edit board and speaker extraordinaire: 

Dear Colleagues,

I wanted to let you know that I will be a speaker for an upcoming Law Journal Newsletters webinar, "Getting New Business from Online Social Networks," on Thursday, May 15, 2008 from 12:00PM — 2:00PM Eastern Time.

Thousands of lawyers have created profiles on LinkedIn, Facebook, MySpace and Plaxo Pulse — but they don't know how to use them to get new clients and make more money. Yet with the right approach, online social networking can be a powerful tool for generating new business, as some in the legal profession are beginning to discover.

This live web audio conference will examine the promise of social networking for lawyers, with particular emphasis on LinkedIn because of its business-orientation. Featuring detailed guidance on specific capabilities and features, it will explain how you can use social networks to:

* Get professional introductions
* Find and stay in touch with former colleagues
* Ask questions of everyone in your network

* Seek endorsements and recommendations
*Search for jobs
*Use a social networking listing as a web page alternative
*Join or start an SIG
and more

As a special favor, Law Journal Newsletters (ALM) has arranged a special discount for my clients/colleagues.  You can receive 30% off the registration price or CD-ROM of the presentation when you use promo code 2215083

Register up until May 14th  or by phone at 212-313-9248.

P.S. From Mon -- be sure to tell them you saw it on The Common Scold :)

P.P.S. Larry's a very busy dude. He will also be chairing ALM's Chief Marketing Forum: Modern Business Development program, Sept. 16-17 at the Westin NY. Details here or contact Karen Abrams here.

 

May 1, 2008 in Law Firm Management, Marketing, People, Webinars, Podcasts, Programs | Permalink | Comments (0) | TrackBack (0)

MONEY HONEY

MoneyOur Incisive colleagues in London have created a blog in the wake of Linklaters' decision to hike it's pay bands, and other UK firms resistance to following suit. New associates are now up to £66K.

April 30, 2008 in Law Firm Management | Permalink | Comments (0) | TrackBack (0)

TICK TOCK 3 O'CLOCK

3pm_2 Dying of curiosity about the 2008 AmLaw 100?

The full story goes up tonight on The American Lawyer's website, but you can get a sneak preview at 3 p.m. when editor-in-chief Aric Press presents a free webinar, "The Numbers and What's Behind Them."

Press will offer key insights and analysis about what factors have influenced this year's numbers. Which firms generated the most revenue? Which are the fastest growing? Which are losing ground? Which have the strongest partner-per-profit ratio.

"This Law Firm Golden Age has been fueled by increased demand and unrelenting annual rate hikes.” says Press. "Partners have reaped record profits, partly by hard work, and partly by pulling up the ladder behind them: The firms are making fewer new equity partners. With the economy turning sour it’s doubtful that the extraordinary run that the big firms have enjoyed can continue.”

The webinar went live at 3 pm today.

Register here.

Update: The report is available now from ALM Research.

April 29, 2008 in Law Firm Management | Permalink | Comments (0) | TrackBack (0)

SNEAK PREVIEW: FUTURETECH AT LTWC

21320666_3 Campers:

I've been JUST a leetle distracted lately, putting the final touches on the upcoming, first-time ever  Law Technology News Presents FutureTech  at LegalTech West Coast.

We're calling it "The Trifecta" inside ALM, because it's the first time  we've conceived an effort that includes a live presentation, podcasts, and an LTN report.

Here's the 411: 

1. Live: Day-long FutureTech track presentation at LegalTech West Coast (L.A.) on Friday, June 27.

2. Podcasts: Podcast package of six standalone presentations, for our  Law Technology Now   podcasts (created in partnership with Law.com and Legal Talk Network).

3. Law Technology News (print/digital/website): We'll run a “FutureTech" story, in the August 2008 edition, based on the topics in the track.

FutureTech Live Program at LegalTech West Coast

Panel description: The legal profession is undergoing a dramatic change as firms face a future where clients expect “better, faster, cheaper” legal services, demand use of technology, and require accountability. No longer can law firms be run behind closed doors, managed like private clubs. Today’s firms must compete to win — and retain — business, and are expected to demonstrate the same priorities as their clients: for quality work, diversity, cost management, and responsiveness. This track will explore how firms and clients are responding to these challenges. 

Law Technology News’ editor-in-chief Monica Bay  will moderate all panels


1. Sell Your Tech 10:30 a.m. - 12 p.m.
It’s no longer enough for firms to win business based on legal skills alone. Today’s savvy firms realize that they must offer top-line technology to win and keep clients. Our panelist will share how their firms have integrated technology tools, such as extranets and wikis, to increase collaboration and better serve their clients’ expectations.

Doug Caddell  —  CIO, Foley & Lardner.
Rob Kahn — Director, Business Development, Fenwick & West
Robin Solomon – Firmwide Knowledge Manager, Heller Ehrman

Green Law 1:30-3 pm
It’s Not Easy Going Green.... Or is It? Using technology tools to create a “green” workplace will not only lower your energy consumption, it will increase productivity, morale, profits, improve lifestyles and health, cut costs, and help you get, and keep, new clients. How your organization can establish a program, from leadership needed to concrete programs that work.

Alvidas Jasin, Director of Business Development, Thompson Hine
Bruce Lymburn, Partner, Wendel, Rosen, Black & Dean
Tony Hoke, Global Technology Purchasing/Asset Manager, Morrison & Foerster

TomorrowLand  3:30-5 pm

Where is legal community headed, and what challenges does it face, as technology becomes embedded in every facet of our lives? From delivering the best possible legal services to our clients; to providing opportunities to excel in the workplace and at home; to confronting the challenges of competing interests in a global economy; it’s a heady challenge to move forward. Named for the iconic futuristic venue at Disneyland, this panel will showcase six legal technology leaders who will forecast what lies ahead — and where opportunities may abound.
 
J. Craig Williams – Partner, The Williams Lindberg Law Firm  (Tech & Law in Multi-jurisdictional Practices)
Craig Ball – Consultant/Attorney (Crystal Ball: Future of E-Discovery)
Douglas Caddell — CIO, Foley & Lardner (Next Generation – Systems & People)
Peter Hsaio — Head, Land Use & Environmental law Group, Morrison & Foerster (CleanTech)
Tom Baldwin — Chief Knowledge Officer, Reed Smith (Relationship Capital) 
Judith Flournoy – CIO, Loeb & Loeb  (Leadership)

I got the idea for the TomorrowLand sessions from TED (Technology Entertainment Design) -- the Silicon Valley think tank that produces amazing conferences where speakers are allowed exactly 18 minutes to talk. That's it. 18 minutes.

I loved the concept, so I'm trying this format (15 minutes) for the third session of the track -- AND -- we are going to tape them to create "Almost Live from LegalTech West Coast" -- six standalone podcasts for my Law Technology Now series (a joint project between Law.com & Legal Talk Network -- you can even subscribe on iTunes!

Finally, the LTN component: We'll produce at least one article in the August LTN, which will be available in print, digital and website versions.

We are tremendously excited about this first-ever Live/Podcast/Print/Digital/Website effort, and we hope you will join us at LegalTech West Coast, on June 27. And listen, and read! About the only media we're NOT doing (yet) is TV -- but don't rule that out for the future. Let me know what you think!

Oh BTW --  of course, I'm edit, so I just create the content, I don't get involved in sponsor sales, etc. -- but if you are interested in sponsoring -- you can talk to either Henry Dicker (hdicker@alm.com) or Mike Medwig (mmedwig@alm.com) and they'll take good care of you.

 

April 29, 2008 in Climate Challenge / Katrina, Conventions, Meetings, Live Programs, EDD: E-Discovery, Green Law, Law Firm Management, People, Technology, Webinars, Podcasts, Programs, Weblogs | Permalink | Comments (0) | TrackBack (0)

EDD: CONTROLLING COSTS WEBINAR

16953829_2 Our latest Law.com/LTN  EDD Webinar,   E-Discovery: Controlling Costs  is now available. This one-hour  webinar was sponsored by  EED (thanks!) and is free.

We had a blast taping this one; how could you not with such a fabulous group of speakers:

* Craig Ball,  LTN's "Ball in Your Court" columnist and Austin-based trial lawyer/tech guru/ computer forensic examiner.
* Patrick Oot, director of E-Discovery and senior lit counsel at Verizon
• Rich Hauser, senior corp. counsel, office of the general counsel, Farmers Group, Inc.
• Browning Marean, partner, DLA Piper U.S.

Yours truly was the moderator.

Enjoy!  And we love to get feedback!  Let us know what we can improve and what you like: E-mail us at eddupdate@alm.com.

April 28, 2008 in Webinars, Podcasts, Programs | Permalink | Comments (0) | TrackBack (0)

CONTINUING CHILLY RECEPTION FOR CRM

Let's turn the mic over  to Carolyn Elefant of  Legal Blog Watch:

Law Firms Still Not Relating to Client Relations Management Software

Incredibly, many law firms simply can't relate to the importance of client relations management (CRM) software, according to this  article by Andrew Burger, one of today's top stories at CRM Buyer.  As Burger puts it:

The legal profession is all about relationships, so CRM systems would seem a natural fit in a law-firm setting, right? Sure, but many don't bother implementing CRM systems because they would require a significant change in the way firms are run.

153362361Most CRM vendors can't understand why law firms haven't implemented CRM as effectively as other businesses -- particularly given that most firms already assiduously track data about clients and their matters for conflicts checking and billing.  One CRM vendor quoted in the article expressed some frustration that "a continuous stream of potentially valuable CRM information flows through the typical law firm on a daily basis, yet lawyers and their firms typically are not able to leverage it."

Continue reading "CONTINUING CHILLY RECEPTION FOR CRM "

April 25, 2008 in Marketing, Technology, Weblogs | Permalink | Comments (1) | TrackBack (0)

A PERFECT DAY

Wrigley_2 Huge thank yous to LTN edit board members Andy Jurczyk of Sonnenschein, and to David Baker of Baker Robbins Co., for conspiring to grant me a perfect beisbol day, as part of a trip to Chicago this week.

It was a very rare day/night Chicago/NY doubleheader at Wrigley (Mets) and the Cell (Yanks). Last time that happened was 1980. Too kewl for word -- but here's The NY Times coverage (and their photo, right, actually, a Getty photo.)

Tuesday was one of those holy grail travel days where the stars absolutely aligned -- I got a NYC cab in 2 minutes, there were no lines at LGA, I got right out on an earlier standby flight, with an upgrade. Time from alarm clock to seat 2B: 54 minutes.

Bakerblog_2I bought a $5 CTA day pass so I could shuttle from O'Hare to the hotel and between the parks. The Palmer House (1 block from the El) gave me an upgrade to an outrageous art deco suite (why is it you only get realllllly great upgrades when you will be awake in the room for less than one hour --but I'm not complaining).

The weather was flat-out awesome all day, warm with a hint of humidity. And the Yankees won a great slugfest -- with home runs and grand slams flying outta the stadium. Fabulous seats in both parks. Great conversation. Lousy hot dogs. Even a black cat running across the Yankees' dugout could not jinx this day.

In fact, it was perfection. A perfect day. Thank you, thank you, beisbol gods. Thank you David and Andy. Life is good.

P.S. Check out Baker at this year's Arizona Fantasy camp! (above)

April 24, 2008 in Baseball / Yankees | Permalink | Comments (2) | TrackBack (0)

COMING TO A THEATER NEAR YOU....

Smartdraw Christine Van Tuyl of Smart Draw can't wait until the new courtroom thriller, Beyond a Reasonable Doubt, starring Michael Douglas, comes to a nearby theater. I'll let her tell you why:

[Our] legal business graphics software, the SmartDraw Legal Edition, is set to make its big  screen debut in  ... Beyond a Reasonable Doubt, a remake of the 1956 movie of the same name.

The film features Michael Douglas as a district attorney running for election who must battle accusations by a newspaper reporter that he has tampered with evidence to further his career. SmartDraw will take center stage in several
courtroom scenes where it has been used to create evidence charts and other legal documents.

The film, which is set to start production in Shreveport, Louisiana,
in early March, will also star Amber Tamblyn ("Joan of Arcadia") and
will be directed by Peter Hyams ("End of Days").

SmartDraw has been used by filmmakers in the past such as Wes Craven
to chart out character relationships, storyboard ideas, and plan production schedules, but this movie marks the first time that
SmartDraw will appear in a feature film.

SmartDraw automates creation of business graphics for presentations,
including process flow charts, organization charts, Gantt charts,
project charts and more. The SmartDraw Legal Edition-a specialized
version of the software for legal professionals-features all the
templates and functionality of SmartDraw, plus hundreds of legal
symbols and templates for the automation of creating crime scene  diagrams, trial graphics, accident reconstruction, evidence charts,
flowcharts, and more.

April 21, 2008 in Technology | Permalink | Comments (0) | TrackBack (0)

10 PRACTICES GO GOING GREEN

Green Adobe's Rick Borstein spotted this article from Ecopreneurist, a primer on 10 ways that organizations can start to go green, by  Megan Prusynski:

Among the tips:

Need some shelves for your office and don’t have a budget for new furnishings? You never know what you might find on freecycle. One person’s junk is definitely another’s treasure. If you have a large company, you could even organize an office-wide barter party, where everyone brings items they don’t use any more to swap for things they might need from others. When you upgrade your office equipment after years of use, pass it on if it’s still useful. List it on freecycle or donate it to a charity that may need it.

 

April 21, 2008 in Climate Challenge / Katrina, Green Law | Permalink | Comments (1) | TrackBack (0)

LAWYERS ON AMERICAN IDOL?

Ai Monica Phillips Jalil (director of mktg) and the gang at Washington, D.C.'s Ross, Dixon & Bell are pulling out the stops for their former partner Will Hopkins, who is one of 20 finalists in American Idol's Songwriter Contest. Let me turn over the mic:

If selected, his song, “When You Come From Nothing,” will be recorded and released as the first single by the winner of American Idol. The song is also performed on American Idol by the two finalists on the next-to-the-last show and then is performed by the winner immediately after claiming the crown. And the song goes on the American Idol's first album, which can sell millions of copies.

Cast your vote now! Go to the website,  listen to the finalists, and rank the songs. The name of the song will pop up as you listen to each song, but the songwriters are not identified. The voting runs through April 23. (Wednesday)

Continue reading "LAWYERS ON AMERICAN IDOL? "

April 21, 2008 in Distractions :), Marketing, Music, People | Permalink | Comments (0) | TrackBack (0)

OUR MAN IN BAGHDAD

Beniraqphoto_4 Benjamin Hallman, a reporter at our sister publication, The American Lawyer, spent almost two weeks this month embedded with the U.S. Army in Baghdad.

“As far as I know, this is a first for the company,” says our CEO William Pollak. “We’re not usually in the business of sending journalists into a war zone. But the development of a court system and introduction of the rule of law in Iraq is an important story which happens to involve quite a few American lawyers.”

As part of his assignment, Hallman blogged every day for Law.com and americanlawyer.com.

Hallman's Rule of Law: Dispatches From Iraq blog posts are compelling, sometimes funny, and always increased my anxiety level about having one of our own in harm’s way.

Here’s an excerpt:

“I had read about the outsourcing of functions once handled by the Army (from cooking to convoy security), but I never appreciated to what extent the military is reliant on independent contractors until I got here. KBR, in particular, seems like a fifth branch of the armed services. KBR workers are everywhere, and they make far more (in some cases) than their military counterparts. A convoy driver, I’m told, is paid between $6,000 and $8,000 a month.

“[A Navy Seals] officer told me the Seals had to dramatically boost their reenlistment bonus to staunch defections to the private side. At the other end of the spectrum, a Peruvian guard, also employed by KBR, told me he makes about $1,200 a month. The guard told me he is leaving soon, after two years in Baghdad.

“Baghdad, too much muerte,” he told me, pantomiming a rocket flying into the Green Zone. Iraqi army soldiers are also paid far less than senior KBR and U.S. military personnel. My conclusion: There is an inverse relationship here between a guard/soldier’s exposure to danger and his salary.

On my last afternoon in Baghdad, another reporter and I tried to get into the monument to the fallen soldier. Two lonely Iraqi army soldiers at the gate apologized and said it was closed. Then they asked for water. I told the Navy Seal about this and he said Iraqi soldiers are issued one bottle a day, never mind that it was easily 95 degrees. (Our escort, a
National Guard soldier from the media unit, bought the two Iraqis some water.)”

Watch for Hallman’s story in The American Lawyer. I’m glad he’s safely home.                 — M.B.

April 18, 2008 in Journalism, Politics, Weblogs | Permalink | Comments (0) | TrackBack (0)

IT'S JIMMY HOFFA'S FAULT

YankeesWhy I love the Yankees #5,461: 

A Boston Red Sox fan sneaks his way onto the new Yankee Stadium construction site, and buries an Ortiz shirt in concrete in the visitor's clubhouse construction, to doom da Bombers.

What happens? Ortiz goes into the worst slump of his career. Moral: NEVER taunt the Karma godz!!!!!

No worries. The Steinbrenner boys ain't stupid. We know about curses. We ain't gonna let no steeeenking Red Sox jersey be buried in OUR new stadium! Whaz a little extra moolah to get it out? Priorities are priorities, and we take no chances with curses.

Ortizjersey BUT THEN.... when the Yankees crew finds it, class act that it is, the team GIVES IT TO THE RED SOX to be auctioned off for the Jimmy Fund and Dana-Farber Cancert Institute.  the Red Sox's charity for children's cancer research. The winner will get the buried shirt, a brand new Ortiz authentic jersey, a Yankees Universe T-shirt, and two tickets to a TBD Red Sox game (hopefully against the Yankees), where the booty will be presented.

It's