The Common Scold: THINKING ABOUT LEX

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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!

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THINKING ABOUT LEX

Congrats and warm thanks to Dennis Kennedy, Matt Homann and Sherry Fowler for organizing Sunday's LexThink program in Chicago. It was quite an ambitious undertaking, and I can only imagine the hours the three put in to bring about 40 folks together for a day of conversation and brainstorming.

The great bulk of the folks were bloggers and small firm practitioners, who seemed energized and enthusiastic about the discussions. It was no easy task to pull off, so again, kudos to the organizers. (Click on images to enlarge.)

April 4, 2005 | Permalink

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BALL IN YOUR COURT, by Craig Ball
Winner: American Society of Business Publication Editors Northeast region: 2010 Gold Award, Best Contributed Column; 2010 Silver award, Feature Series. Trade and Business Publications International ("Tabbies"): 2010 Bronze award, Best Column.

Click here for links to Ball's columns on our EDD Update blog (See right nav bar).

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TECHNOLOGY ON TRIAL
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Here are current contenders for the most use of incomprehensible jargon and cliches, including the banned word, "solution," in a press release. :)

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June '08: Can You Adapt? EDD is wreaking havoc on traditional law firm caste systems, with new roles for attorneys, paralegals, IT and other litigation support staff. Opportunities abound for the ambitious.
Winner: 2009 Gold Award, Best Technical Article: American Society of Business Publications Editors, Northeast region.

Nov. 08: Just Equal,
my rant about the disgraceful gender-based pay discrepancies in the legal profession, and Editor's Note, about visiting the United 93 memorial in Pennsylvania, with my mom.
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October '07:
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Winner: Bronze, 2008 Trade, Association, Business Publications International Tabbies competition. Best Special Section. 2008 American Society of Business Publication Editors, Northeast region: Bronze: Best Technical Article.

Katrina's Wake:
In the April '06 LTN, Monica Bay and photographer Russ Curtis travel to New Orleans, to report on the legal technology community's efforts to rebuild practices and lives post-Hurricane Katrina. Links temporarily unavailable, will be back up soon.
Winner: 2007 TABBIES: Honorable Mention, Best Feature.

Fear Factor: Why Lawyers Aren't Using Technology. The ABA's most recent tech survey found that only 11.7% of the nation's lawyers are using ANY trial technology. We interview lawyers, vendors, and consultants to find out why, and the answers are shocking: lawyers are afraid of technology, don't understand it, and are overwhelmed by too many choices. Vendors take some of the blame by not educating lawyers about tech's potential. The dramatic conclusion: lawyers must embrace change, and adopt technology, or they simply will not survive in today's competitive marketplace.

Low Visibility: As law firms move toward a corporate, rather than private club, model of operations, they are bringing in "C-level" executives to help them run their organizations. Yet many law firms still cling to old-school caste systems, where only the attorneys have real power, and everybody else is invisible. What's the litmus test? Take a look at the firm websites. Can you search for the CIO? For the COO? For the HR director? If not, the firm may be paying only lip service to change. Savvy firms realize that if they want to keep top-level executives, they better start treating them like partners.

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Katrina's Wake:

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Free: The Future of a Radical Price
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The World is Flat
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Life Interrupted
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blink
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Only the Paranoid Survive
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Studies in Classic American Literature
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Business @ the Speed of Thought
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