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!


« November 2009 | Main | January 2010 »

JOYFUL NOISE

Nye Is it really possible that 2009 is just about over? Doesn't it feel like we were just welcoming this year? We've certainly been on an interesting journey over the last 12 months. (As in the Chinese curse, "May you lead an interesting life.")

But we move forward, hopefully with a dash of courage and gusto. So on behalf of our entire Law Technology News and Law.com team, and our mothership ALM, let me extend our warmest wishes to you for the holiday season.

May the remaining days of 2009 nurture spirits, refresh enthusiasm, enhance vision, inspire experiments, mute distress, challenge boundaries, generate relationships, temper irritations, magnify flavors, provide noise and quiet, and accelerate joy.

December 23, 2009 in Distractions :) | Permalink | Comments (0) | TrackBack

DECEMBER PRESIDENT'S CORNER

Jt Catalyst Repository Systems has introduced its Fast Track integrated processing software. Users can submit multi-language Exchange PST, NSF, and other electronic files directly into Catalyst CR, the company's web-based search and review software, says CEO John Tredennick.

The automated system processes, loads, and indexes files and then makes them available for search and review according to processing instructions set by the user, he explains.

Among other new litigation support products announced in Law Technology News' December issue is Wave Software's Trident Pro 6.2, which adds interactive searching and filtering capabilities to help users view search results quickly, and make earlier decisions on search terms and criteria by providing a report on keyword lists.

The software automatically detects exceptions and encrypted items and generates reports and logs. Its Native Review Bridge adds support for LexisNexis Concordance 10. Other improvements include enhanced Unicode support for better handling of Chinese, Japanese, and Korean data.

December 23, 2009 in EDD: E-Discovery, From the current issue of LTN | Permalink | Comments (0) | TrackBack

RAIN OF TERROR

Duch

Cambodians believe that fierce rain storms are the voices of the dead. So earlier this year, when water pounded the terra-cotta roof of the Extraordinary Chambers in the Courts of Cambodia, everyone became very tense. Static shreiked from headsets and monitors, and then they went silent.

Just another challenge faced by the technology team supporting the trial of Kaing Guek Eav (aka Comrade Duch), one of the Khmer Rouge leaders who is being prosecuted for crimes against humanity and grave breaches of the Geneva Conventions -- including personally overseeing the torture and execution of more than 14,000 prisoners during the reign of the Khmer Rouge in the 1970s.

In December's Technology on Trial, Claire Duffett describes how the technologists, with a tiny budget, overcame tremendous obstacles. They ran fiber optic cable from the courthouse 15 miles to central Phnom Penh; established real-time translation into three languages; and even installed cloth screens on the roof to soften the voices of rain.

And I was very happy to learn that the judges of the 2009 Law Technology News Awards selected the trial team as the recipient of the "Most Innovative Use of Technology in a Trial Award," which will be presented on February 1, at our gala reception during LegalTech New York.

Photo: Kaing Guek Eav, alias Duch. Photo by John Vink

December 21, 2009 | Permalink | Comments (1) | TrackBack

PRACTICE TOOLS

Ltn_cover The December issue of Law Technology News includes reports on a diverse collection of new software, including these two that help you with substantive law:

Thomson IP Manager 3 helps users manage patents, trademarks, invention disclosures, and licensing agreements. Its Process Architect technology helps users define and implement processes tailored to their intellectual property workflow. The Collaboration Portal helps IP professionals route tasks to the appropriate persons. The upgrade adds new form letter functions and improves ways to associate files and images with case data. From Thomson IP Management Services.

Kluwer Law International  says its KluwerConstructionBlog targets lawyers, barristers, and in-house counsel across the world. Among the issues it tackles: multiple jurisdictions, the International Federation of Consulting Engineers, public procurement, arbitration, public/private partnerships, private financing, and more, says managing editor Sarah Thomas. The new blog also provides opinions on recent judgments, she notes.

For more Practice Tools, visit the Practice Tools page on the Law Technology News website.

December 21, 2009 | Permalink | Comments (0) | TrackBack

SOCIAL MEDIA SPIKES

Catherine Sanders Reach, director of the American Bar Association's Legal Technology Research Center, says lawyers are starting to embrace social media -- but primarily on a personal level, rather than for work.

In the December issue of Law Technology News, Reach discusses the results of the 2009 Legal Technology Survey Report, which is produced in six volumes ("Technology Basics," "Law Office Technology," "Litigation and Courtroom Technology," "Web and Communication Technology," "Online Research," and "Mobile Lawyers"). About 834 ABA attorneys were surveyed for each volume (with 5,005 participating in the project). Among some of the findings:

• 11 percent of respondents said that their firms have policies regarding lawyer or support staff blogging.

• 18 percent of large firms (of 100+ attorneys) have blogs -- a significant increase from the 8 percent reported in the 2007 survey). Yet only 4 percent of respondents (compared with 2 percent in 2008) write a personal legal blog.

December 20, 2009 | Permalink | Comments (0) | TrackBack

GOOGLE WAVE

Are you ready for Google Wave? Robert J. Ambrogi predicts that it "will be slow to catch on among legal professionals. But it will catch on."

Why the potential resistance? "It lacks a good elevator speech," says Ambrogi. "By that I mean it is difficult to explain in short, simple terms just what it is all about." Google describes Wave as a "hosted conversation," that combines elements of e-mail, instant messaging, chat, listservs, document-sharing, wikis, and social networking into a real-time communication and collaboration tool, says Ambrogi. "That is perfect for … for … for?"

"Google's explanation is that Wave is what e-mail would look like if it were invented today. If that were true, lawyers would be using e-mail far less than they do, because Wave -- at least in its pre-release version -- lacks some of the controls lawyers would require."

Intrigued? Check out more in Ambrogi's Web Watch column in Law Technology News.

December 20, 2009 | Permalink | Comments (0) | TrackBack

AND THE WINNERS ARE:

LtnaCongrats to the 2009 LTN Vendor Award winners!

New Product of the Year
Gold - Index Engines Unified Discovery Platform - Index Engines
Silver - Tabs3 & PracticeMaster Version 15.2 - Software Technology, Inc.
Bronze - PC Postage Version 8.0 - Stamps.com

Case Management Software for Large Firms (100+)
Gold - CaseMap 8 - LexisNexis
Silver - Document Mapper for Ringtail Legal - FTI Technology Case Management Software for Small &

Mid-sized firms (up to 99 attorneys)
Gold - CaseMap 8 with DocPreviewer - LexisNexis
Silver - PracticeMaster Software - Software Technology, Inc.
Bronze ProLaw Software - Elite, A Thomson Reuters business

CRM System
Gold - InterAction- LexisNexis

Collaboration Tools
Gold - Workshare Professional 5.2 SR2 - Workshare
Silver - Martindale-Hubbell Connected - LexisNexis
Bronze - Ontrack Shareview - Kroll Ontrack

Dictation Systems
Gold - BigHand for BlackBerry - BigHand Inc.
Silver - Winscribe Dictation - Winscribe
Bronze - Digta 420 with Easy Mode - GBS North American L.L.C.

Docketing & Calendar Application
Gold - ProLaw Software - Elite, A Thomson Reuters business
Silver - eDockets by American Legal Net - American Legal Net
Bronze - Time Matters - LexisNexis

Document Management System
Gold - Worldox-Worldox GX SRI - World Software Corporation
Silver - Fusion Genome - Exterro, Inc.
Bronze - iManage WorkSite - Autonomy

EDD Services Analysis
Gold - CT Summation Enterprise - CT Summation
Silver - Autonomy Investigator & Early Case Assessment - Autonomy
Bronze - Ontrack Advanceview - Kroll Ontrack

EDD Services Collection
Gold - LAW PreDiscovery 5.3 & 5.4 - LexisNexis
Silver - Kroll Ontrack Data Collection Services - Kroll Ontrack
Bronze - Trident De-Duplication - Wave Software, LLC

EDD Services Identification
 Gold Kroll Ontrack ESI Consulting Group - Kroll Ontrack
Silver - Autonomy Investigator & Early Case Assessment - Autonomy
Bronze - Trident Near Duplicate Detection - Wave Software, LLC

EDD Services Preservation
Gold - Simpana 8 software - CommVault
Silver - Kroll Ontrack Data Collection Services - Kroll Ontrack
Bronze - Autonomy Legal Hold - Autonomy

EDD Services Processing
Gold - CT Summation Discovery Cracker - CT Summation
Silver - EDD & Consulting service - Altep
Bronze - LAW PreDiscovery 5.3 & 5.4 - LexisNexis

EDD Services Production
Gold - CT Summation CaseVault Services - CT Summation
Silver - Kroll Ontrack Discovery Services - Kroll Ontrack
Bronze - The Cerulean Engine - Planet Data

EDD Services Review
Gold - CT Summation CaseVault Services - CT Summation
Silver - Concordance 10 - LexisNexis
Bronze - Kroll Ontrack Document Review Services - Kroll Ontrack

Knowledge Management System
Gold - MindServer Search - Recommind, Inc.
Silver - iManage Universal Search - Autonomy

Mobile Tool/Device/Service
Gold - CT Summation WebBlaze - CT Summation
Silver - BigHand for BlackBerry - BigHand Inc.
Bronze - Worldox/Web Mobile - World Software Corporation

Litigation Support Consultant
Gold - EDD & Consulting service - Altep
Silver - Litigation Solutions Jumpstart Consulting - LexisNexis
Bronze - Kroll Ontrack ESI Consulting Group - Kroll Ontrack

Litigation Support Software
Gold - CT Summation iBlaze - CT Summation
Silver - Index Engines Unified Discovery Platform - Index Engines
Bronze - Concordance 10 - LexisNexis

Practice Management System
Gold - Tabs3 & PracticeMaster Software - Software Technology, Inc.
Silver - LexisNexisTotal Practice Advantage - LexisNexis
Bronze - Clio - Themis Solutions

Records Management Software
Gold - iManage RecordsManager - Autonomy
Silver - Index Engines Unified Discovery Platform - Index Engines
Bronze - Unified Archive - ZL Technologies, Inc.

Risk Management Service/Consultant
Gold - Kroll Ontrack Secure Information Services-Kroll Ontrack

Time and Billing for Large Firms (100+ attorneys)
Gold - Elite Billing Manager-Elite, a Thomson Reuters Business
Silver - RainMaker Platinum- RainMaker Software, Inc.
Bronze - DTE Axiom- Advanced Productivity Software

Time and Billing for Small and Mid-sized firms (Up to 99 attorneys)
Gold - Tabs3 Billing Software - Software Technology, Inc.
Silver - Rocket Matter - Rocket Matter
Bronze - PCLaw - LexisNexis

Trial Presentation Software
Gold - TrialDirector v5.2 - inData
Silver - Sanction 2.9 - Sanction Solutions

December 14, 2009 in Awards & Accolades | Permalink | Comments (3) | TrackBack

2009 LTN AWARDS

Envelope Please: I am delighted to announce the recipients of the juried 2009 LTN Awards (The vendor award winners will be announced separately in the near future).

Before we open the envelope, a round of applause please for our jury: Andrew Adkins III (Levin College of Law, University of Florida), Fredric Lederer (William and Mary Law School), and David Whelan (Law Society of Upper Canada).

Awards

The winners are:

• IT Director of the Year: Steve Fletcher (Parker Poe Adams & Bernstein).

• Champion of Technology: Tom Baldwin (Reed Smith).

• Most Innovative Use of Technology by a Law Firm: Tom Baldwin (Reed Smith) (First time we've ever had one firm/individual win in two categories -- the judges were impressed!).

• Most Innovative Use of Technology by a Law Department: Chad Anson (Dell).

• Most Innovative Use of Technology in a Trial: Khmer Rouge Trial Team (Cambodia Tribunal);

• Most Innovative Use of Technology in a Pro Bono Project: Lynn Burns (Pro Bono Law Ontario).

• Consultant of the Year: Craig Ball.

And I have selected the inaugural winners of the LTN Lifetime Achievement Award: John Alber (Bryan Cave), Thomas Burke (World Software), and M. Thomas Collins (formerly of Juris).

Congratulations to the winners! Watch for more coverage in the February and March editions of Law Technology News, and on our newly upgraded website.

December 11, 2009 | Permalink | Comments (0) | TrackBack

GLADWELL TO SPEAK AT LEGALTECH NEW YORK

Gladwell Breaking News! Very, very exciting news from senior conference producer Judy Kelly of our LegalTech New York team today about the upcoming keynote programs.

Celebrated author Malcolm Gladwell (The Tipping Point, blink!, and the new What the Dog Saw) will join Dr. Lisa Sanders, The New York Times' amazing medical columnist, will join Thomson Reuters chief strategy officer David Craig, and vice president of West Government Services, Steve Rubley, for a panel discussion on Feb. 3, from 9 a.m. to 10 a.m. The title: "The New Convergence of Intelligence, Intuition, and Information."

Gladwell and Sanders are two of my favorite authors, I can't wait to hear them. (And if you haven't bought it already, be sure to get the audio version of What the Dog Saw -- Gladwell is one of the best storytellers alive. (Not every author can effectively read aloud his or her own works).

And the opening day keynote is also intriguing: Nobel Laureate Mohamed ElBaradei, former director general of the United Nations International Atomic Energy Commission, will join Peter Warwick, president and CEO of Thomson Reuters Legal. They will explore "the dynamics of emerging nations, technology, infrastructure, and the role of international institutions in supportin the rule of law in an era of increasing regional instability."

For registration information, please visit Legal Tech.

Photo credit: Brook Williams, from Gladwell.com.

December 8, 2009 in Breaking News, LTNY 2010 | Permalink | Comments (3) | TrackBack

BRCo & HILDEBRANDT MERGE

Baker_david_75 With last week's announcement that David Baker, left, (a longtime member of LTN's Editorial Advisory Board) was retiring from Baker Robbins & Co., I wasn't surprised to hear yesterday that Thomson Reuters' Hildebrandt International and  BRCo would merge. (TR also announced plans to lay off 240 employees in its legal businesses, according to The Wall Street Journal.)

Our colleague Zack Lowe reports in the development in yesterday's Am Law Daily:

The merger has been in the works since TR acquired BRCo in 2007, Bradford Hildebrandt said.

"He will continue to play a prominent role at the combined company while yielding day-to-day supervision to Baker CEO Brad Robbins and Hildebrandt managing director Jim Jones."

" 'It just makes enormous sense," Hildebrandt says. The two companies have been working together anyway, since a big part of helping firms become more efficient involves streamlining their tech systems,' he adds."

" 'Most firms are just not equipped with the technology to deal with changing business models the way they are going to be forced to,' Jones says. 'When you are billing all of your time on an hourly basis, the accounting system is pretty simple. But if a significant portion of your business--not a majority, but a significant portion — is based on flat fees and other alternative arrangements, the technology gets much more complicated,' " Lowe writes.

Read Lowe's complete report here.

December 5, 2009 in Breaking News, Consultants, Law Firm Management | Permalink | Comments (0) | TrackBack

CREATE YOUR PATH

As technology guru Richard Susskind likes to say, the best way to predict the future is to create it yourself. Along those lines, Douglas Caddell, a longtime member of Law Technology News' Editorial Advisory Board and CIO of Foley & Lardner, says he's heard just about enough of the mantra, "IT must do more with less."

Those days are history, says Caddell. Instead, if you want your firm (and your IT department) to thrive in these tough times, you have to rethink and reinvent IT. The first step: go virtual, says Caddell. Check out his December Law Technology News  cover story here. And listen to him on our LTN website video here.

And while you're at it, you'll also want to read Jo Haraf's article "Align Your Agendas" -- which offers some insightful advice about how you can create an "IT Porfolio" -- and how the journey of creating that portfolio will help you align your IT department with the overall business goals of the firm.

Later this month, Haraf will be my guest on my Law Technology Now podcast. We'll letcha know when it's live!

Not surprisingly,both Caddell and Haraf are among the contributors to a new book from Thomson Reuters, "Achieving Excellence in Legal Technology Management" (West, 2009). Might be the perfect holiday present for your IT pals.

December 5, 2009 in From the current issue of LTN | Permalink | Comments (0) | TrackBack

THE CHANGE AGENDA

Evolution The American Lawyer has been tracking the earthquakes that have been reconstructing large firms for about a year now. Editor Aric Press, in a recent update on the Am Law Daily, notes that not all expectations have materialized: outside investors aren't quite breaking down law firm doors, and "the transformational technology remains a slow-gestating messiah"; but "there are plenty of disparate events that support the observation that this business change is more than just a sideshow."

Among the signs: Half of the TAL's "A-List" firms have started alternative fee arrangements with important clients (e.g., Pfizer, Citibank). "If Microsoft could chop K&L Gates and Sullivan & Cromwell from its preferred provider list, what client-firm relationship is inviolate?" Press asks.

And more firms are exploring legal process outsourcing, be it to Bangalore or Bangor. Firms may want to heed the advice of Microsoft GC Brad Smith: "Work on process improvement. That's the holy grail for us."

As Press observes: "Think of it this way: Why is it that law firms are the only businesses in which increasing productivity is a measure of how many more hours a lawyer bills rather than how more efficient she has become?" Read more on the Am Law Daily here. And check out TAL's 2009 Law Firm Leaders Survey here.


December 5, 2009 in Law Firm Management, News & Analysis, Technology | Permalink | Comments (0) | TrackBack

LTN AWARDS NOMINATIONS DEADLINE 12/4

Glitches Won't Deter Us! In the no-good-deed-goes-unpunished department, we've encountered a few bumps after we decided to waive the fees and extend the deadline for nominations for the 2009 LTN Law Firm and Law Department Awards, and our new "Lifetime Achievement" award.

First, because we have waived the fees, nominators need not be affiliated with the organization or person being nominated. So everyone, including vendors, may nominate candidates for these awards. However, the potential recipient must be affiliated with a law firm or law department.

LTNA Second, members of LTN's Editorial Advisory Board (and spouses, [in]significant others, and family members) are eligible for nomination. Only the judges are ineligible (Andy Adkins, Fred Lederer, and David Whelan); but they may be nominated for the Lifetime Achievement award because I choose that winner.

However, the potential recipient must be at least age 55 by 12/31/09.

Finally, we're experiencing problems with some completed nomination forms (PDFs) -- some are not opening properly (they open blank). So be sure that you save a hard copy before you e-mail it to us. If we encounter any problems opening the PDF, we will allow you to fax the document to us on Monday.

Here's the downloadable nomination form.  And here's more 411.

December 3, 2009 in Awards & Accolades | Permalink | Comments (0) | TrackBack

 
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