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!


« June 2010 | Main | August 2010 »

STOP & SHOP

20169037.thmRobert J. Ambrogi gathers the shopping cart in the July issue of Law Technology News, as he reports on three new websites that can help lawyers save a few (or a lot of) dollars.

First stop: GroupESQ capitalizes on social networking, and Costco-esque concepts of buying in bulk. Each deal is offered for only a limited time, and requires a minimum number of buyers -- so Tweets and Facebook posts are encouraged to hit critical mass. The site recently offered $150 of mediation services for $25, and $40 of court reporting services for about the price of a Starbucks Grande. (Can you say "loss leader"?)

Second stop: ServeCentral is a web-based tool that helps legal professionals manage service of process, automating a frequently time-consuming and annoying task.

Last stop: Litéra Live: new software as a service that helps users clean, convert, compare, and collaborate on documents.

July 30, 2010 in From the current issue of LTN | Permalink | Comments (0) | TrackBack

UP CLOSE: MARK BISARD

Marc-Bisard-RC1_0033_USEUp Close: Mark Bisard, vice president and senior counsel of American Express, has a job that may be the envy of most 20-somethings: He is AmEx's "cyberlawyer." Bisard's days include everything from negotiating interactive vendor agreements to developing online policies and protocols to providing legal counsel on everything from search engine optimization to social media to publishing technologies.

His security blanket? "Tweetdeck and at least two video monitors at all times!" His favorite modes of transportation? Brooklyn's "F train, funiculars, and most boats on the Seine." (His last vacation was a three-day weekend in Paris.)

Bisard's favorite tech secret? "Make friends with the help desk and janitors."

Find out more about Bisard in the July "Up Close" profile in Law Technology News.

July 29, 2010 in From the current issue of LTN | Permalink | Comments (0) | TrackBack

PRESIDENT'S CORNER: JIM KING

King, Jim - Ipro Tech_USE President's Corner: Ipro Tech has introduced its Ipro Eclipse database and case management program. It offers comprehensive discovery management, helping users manage and review case data from early assessment through trial preparation, says president Jim King. From a single interface, users can work with data in a variety of formats, including native files and image sources.

Also New: Integreon's eView 3.3 document review software, which provides analytics that help project leaders assess data collections to determine how to manage each project. And StoredIQ has upgraded hardware and software components of its Intelligent Information Management Platform, migrating to Dell PowerEdge R610 servers with Intel Xeon E5520 processors. PP For more litigation support product news, see the July issue of Law Technology News.

Assist: LTN news editor Dan Howley

July 27, 2010 in From the current issue of LTN | Permalink | Comments (0) | TrackBack

PATENTS, PENDING

21762263Christopher Sale, the administrator of Alexandria, Va.'s Young & Thompson, was facing a lot of demands. The patent firm, with 15 attorneys, three patent agents, and 20 paralegals, was geographically dispersed, and growing along with its client base that was now demanding digital communication and efficiencies. Firm managers were hounding Sale for more transparent workflow. And the U.S. Patent & Trademark Office had escalated the use of digital filings, asking for almost all documents in electronic formats.

It was time to go digital. So Sale and three senior paralegals (Annette Skaltsounis, Joy Withorn, and Lauren Terry) began the search that ultimately led the firm to adopt First to File's Electronic File Room, and its Workflow Management Module. Learn how they made the $150,000 decision to go digital, and how they got a 200% return on investment in the first year, in the July issue of Law Technology News.

July 26, 2010 in From the current issue of LTN | Permalink | Comments (0) | TrackBack

ANSWER MAN

9737748 Starting with the July issue of Law Technology News, Craig Ball has launched a three-part series explaining e-mail. "Huh?," you might say. "Why do I need to go under-the-hood about something so basic as e-mail?"

Well, because it is "the most sought-after and fought-over electronically stored information" that you will encounter in even the most pedestrian dispute, explains Ball, an Austin, Texas, attorney and forensics master. And it flat out flummoxes litigators.

He begins with a pop quiz. Here are the first three questions:

1. You demanded "all metadata" for each Outlook e-mail message. How many fields of metadata is that?

Where do you look in your copy of a received message to determine if it was bcc'd to someone else?

3. Your Outlook screen indicates that a crucial message sent to you from the same time zone was "received" 10 minutes before it was "created." How is that possible?

Stumped? See "Traffic Jam" for the answers. And watch for the second installment in August!

July 23, 2010 in From the current issue of LTN | Permalink | Comments (2) | TrackBack

iRESEARCH

Apple - iPad (straight shot)_USEFastcase is among the legal vendors who are jumping to develop apps for Apple's white-hot iPad tablet computer and its iPhone. The Washington, D.C., company says its namesake app helps users search its libraries of state and federal case law and statutes. Users can conduct keyword or Boolean searches.

Feisty Fastcase is gaining traction as a low-cost alternative to Thomson Reuter's Westlaw and LexisNexis' namesake research services. In our July LTN cover story, "Help Please!," we examined the results of the 2010 Law Technology News Vendor Satisfaction Survey. Of 147 respondents commenting on LexisNexis, 26.5% said they were "very likely to recommend" the research service to peers; of 181 respondents, 20.4% said the same about Westlaw. But of the eight respondents ranking Fastcase, half gave it that "very" same thumbs up.

Check out the upcoming August issue of Law Technology News for more information on the Fastcase for the iPad.

Assist: LTN editorial assistant Heather Schultz.

July 20, 2010 in From the current issue of LTN, Legal Research, Surveys | Permalink | Comments (0) | TrackBack

JUST FIND IT

19374069.thb During last month's LegalTech, Law.com technology editor Sean Doherty and I had a chance to chat with vendors about their new products and services. Among our conversations, we talked with Kate O'Brien, director of product innovation at RenewData, about the company's new search tool, Anagram Keyword Development.

Keyword searching is a touchy subject: LTN's EDD columnist Craig Ball has written at least nine columns in the last year addressing the subject. Judges fume, partners get paranoid, and technologists (try to) make money "solving" the problem.

"One thing is clear," says Doherty (and Ball). "Keyword searching has to improve."

Doherty takes a look at RenewData's new offering here.

July 19, 2010 in Legal Research | Permalink | Comments (0) | TrackBack

A ROSE IS A ROSE

34716686.thbAnybody who has ever spent five minutes in any organization that creates products or services knows that naming those products or services can be pure torture. Like writing headlines or haiku, naming products is more angst-generating than choosing a moniker for a newborn.

But (at least for a writer), few things in life are as satisfying as finding just the right words. Especially when you are rivals, like Coke & Pepsi; McDonalds & Burger King; Khrushchev & Kennedy; Red Sox & Yankees; or Thomson Reuters & LexisNexis.

Earlier this year, TR launched WestlawNext, a major upgrade of its flagship research service, at LegalTech New York. During the same show, LN said it, too, would be revamping its core product. This week, LN christened the renovation, telling their employees they no longer needed to call it "New Lexis," it has a given name: Lexis Advance.

Marc Osborn says Lexis Advance will debut over the coming months:  "It will be rolled out in phases for different segments of the market over an extended period of time, starting later this year and moving forward into next year," he explains. But it now has a name.

P.S. Steve Jobs just announced that you can get a free case, or a full refund, if you are unhappy with your iPhone 4. Why do we know folks in Redmond are smiling?

July 16, 2010 | Permalink | Comments (0) | TrackBack

STEER INTO THE SKID

Skid Legal trade shows can intimidate even the most veteran attendee. So, with the International Legal Technology Association's annual meeting fast approaching, we interviewed James McKenna, senior manager of practice technology at Morrison & Foerster, to get his advice on how to best navigate convention floors.

"Maximizing LegalTech" was shot during June's LegalTech West Coast, where McKenna, a member of Law Technology News' Editorial Advisory Board, was speaking on a panel about cloud computing. He encourages first-time attendees to study the program guide and sketch out a rough game plan -- before you arrive.

But don't lock yourself into too rigid a regimen, he cautions. It's great to attend seminars and hear about successful projects, but your best education may come during networking, where you can learn about the "black ice" and "potholes" your peers encountered. That intelligence can help you prevent spin outs on your next project!

July 15, 2010 in Conventions, Meetings, Live Programs, videos | Permalink | Comments (0) | TrackBack

THE BIG SQUEEZE

19952772.thb Small firm lawyers, with small cases and even smaller budgets, sometimes feel like the proverbial David facing Goliath. But fear not: less can definitely be more. Wisconsin lawyer and consultant Ross Kodner, CEO of MicroLaw, explains how you can go to court armed with simple but effective technology tools that help you organize and present your case -- developed from software you already own.

Ross discusses his story on this month's Law Technology Now podcast, and you can read his article in the July issue of LTN.

We also discuss the just-released 2010 LTN Vendor Satisfaction Survey, conducted by our colleagues in our ALM Intelligence division. Kodner says he's not the least bit surprised that legal professionals are increasingly frustrated with vendors, and are demanding better customer service and faster resolution of problems.

Check out "Help, Please!," our July cover story, and watch for our next LTN Video, which features Erica Greathouse, IT director of Cox, Castle & Nicholson, with some delicious tales of help desk nightmares. It will be up shortly on our LTN website.

July 15, 2010 in EDD: E-Discovery, From the current issue of LTN, Podcasts, Technology | Permalink | Comments (0) | TrackBack

HELP, PLEASE!

21155805.thbErica Greathouse, of Cox, Castle & Nicholson, has a lot of experience when it comes to handling legal professionals' gripes about imperfect technology. As a veteran CIO, she's seen the best and worst behavior, from both frustrated lawyers and the IT staff trying to serve them.

So we had a very entertaining discussion taping our latest LTN video, "Help, Please!" where we discuss the results of the 2010 LTN Vendor Satisfaction Survey. We resonated with the tsunami of respondents (more than 80% of large and small firm folks) who declared that customer service -- quick resolution of problems -- was the number one factor they considered when buying technology.

That's also the title of our July LTN cover story where I analyze key points from the survey, which was conducted by our colleagues at ALM Legal Intelligence. And if you want even more, check out this month's Law Technology Now podcast, where Ross Kodner and I discuss the survey after we chat about his "Big Squeeze" article on how small firms can stretch litigation support budgets.

July 15, 2010 in From the current issue of LTN, Surveys, videos | Permalink | Comments (0) | TrackBack

FREE GOVT DOCS

Freedocs Alvin Podboy, director of library systems at Cleveland's Baker Hostetler, takes on the government in his annual essay chronicling the concerns of librarians, in the July issue of Law Technology News.

This year's "Liberate U.S." article ponders whether government legal files should "belong" to the people, as Law.gov enthusiasts argue. Podboy profiles Law.gov efforts to put these documents into the public domain via free, easily accessible websites.

California technologist and crusader Carl Malamud, who runs public.resource.org, is the driving force behind this movement, notes Podboy. Malamud has successfully persuaded the state of Oregon to not assert copyright over its legislative statutes, and has challenged California's copyright claims by publishing criminal, building, and plumbing codes online.

July 12, 2010 in From the current issue of LTN, LTN Daily Alert | Permalink | Comments (2) | TrackBack

iSCREAM, uSCREAM

Apple - iPad (straight shot)_USEI'm still watching the delivery carts in ALM's hallways, anxiously awaiting the arrival of my Apple iPad. I keep irritating our IT folks with my daily nagging -- they told me today it's taking about two weeks for orders to get processed.

While I count the days, our colleagues over at The Careerist blog note that London-based Eversheds has signed a deal to provide its lawyers with iPads. The firm has launched a two-month pilot program with about 50 senior professionals, and will decide on whether to stock them for all lawyers after the beta testing.

Morrison & Foerster is among the first law firms to have created an iPhone app, The Lawyer reminds us. You can check out "MoFo2Go" in Law Technology News' April issue.

Update: 7/26: It arrived! Can't wait to dive into its magic on my trip to California this week!

July 12, 2010 in Mobile Tools , Technology | Permalink | Comments (0) | TrackBack

PRAIRIE, FLOWERING

4768307266_e9066d614b In our July issue of Law Technology News, in "Prairie, Flowering," Nicole Hansen details how Thomson Reuters Legal helped restore 10 acres of its 297 at its Eagan, Minn., campus. Hansen, part of TRL's communications team, says the plot, with the help of experts, was plowed, tilled, and weed-treated before it went dormant last winter, to prepare it for planting this spring.

TRL spent about $10,000 -- mostly on wildflower seeds, which were spread by 50 volunteers during a May 27 ceremony -- but expects to recoup the costs because those acres will no longer require maintenance. It will take about four years before the plot matures into a full prairie, with six-foot-tall grasses and the wildflowers, writes Hansen.

TRL's blog, Legal Currents, reports on our story, and also includes links to photos of the seeding party, including the one above featuring TRL's eep John Shaughnessy tossin' seeds.

July 8, 2010 in Green Law | Permalink | Comments (0) | TrackBack

OLD IS NEW AGAIN

Nook_front view_USE In our July issue of Law Technology News, we revived our "Compare & Contrast" feature, which takes a look at similar products and their features, to help you determine the best product for your needs.

We re-inaugurate the column with a look at e-readers, which -- with the introduction of the Apple iPad -- have gained more attention in the last few months. News editor Dan Howley and editorial assistant Heather Schultz compare the iPad (which obviously is more than an e-reader, but is being touted for that capacity) with offerings from Amazon, Barnes & Noble, and Sony.

Check it out. You might be surprised to see which e-reader won the verdict for best option.

July 8, 2010 in Mobile Tools , News & Analysis, Technology | Permalink | Comments (0) | TrackBack

FTC ANSWERS FAQS

KrasnowMelissa2-97x119 Melissa Krasnow, a partner at Minneapolis' Dorsey & Whitney, checks in to let us know that the Federal Trade Commission has recently posted answers to some frequently asked questions about its Guides Concerning the Use of Endorsements and Testimonials in Advertising.

The guides cover general principles, with examples, that the FTC uses in evaluating endorsements and testimonials in advertising, including social media, under section 5 of the Federal Trade Commission Act, she says. They provide the basis for voluntary compliance with the act by advertisers and endorsers. Krasnow is one of the authors of our EDD Update blog.

July 7, 2010 in News & Analysis | Permalink | Comments (0) | TrackBack

TOWERY TO HEAD CAL BAR DISCIPLINE

Towery-James The California Bar has announced that trial attorney James Towery, who served as its president in 1995-96, has been appointed as the bar’s chief trial counsel. If confirmed by the state Senate, he will run the office that prosecutes California lawyers for professional misconduct.

I reported on the State Bar for more than a decade, including when Towery was a member of the board and then president -- and I was always impressed with his combination of a sharp mind, pragmatism, and "people skills."

He's taking on the Bar's toughest job during another time of turmoil at the organization. Its executive director, Judy Johnson, is exiting and there are definite leadership voids in the staff ranks. (The Bar has said it expects to replace her by September).Towery, a partner with San Jose’s Hoge, Fenton, Jones & Appel, who chairs the litigation practice group and specializes in civil litigation with a focus on professional liability, will face the challenge of helping bring some stability to the institution.

Says the Bar:  "An expert in lawyer ethics, Towery, 61, has a long history of involvement with the bar’s lawyer discipline operation, including a year-long stint chairing the board of governors discipline committee in 1994. He oversaw implementation of the recommendations of a specially appointed study group that greatly increased the efficiency and operation of the system. The recommendations led to streamlining staff and functions within the system and significantly reduced the office budget, which consumes the lion’s share of bar revenues."

"As chief trial counsel, Towery will oversee an office of 250 attorneys, investigators and support staff, who work in San Francisco and Los Angeles. The discipline office, by far the State Bar’s largest operation, receives thousands of complaints annually, investigates about 5,000 misconduct allegations and prosecutes some 500 lawyers a year. It has an annual budget of $40 million."

"The chief trial counsel position was defined by statute in 1986; since then, five people have held the job. It has been vacant for a year, stalled following Gov. Schwarzenegger’s veto of the State Bar dues bill in October. Towery was one of three finalists ultimately drawn from a pool of 40 applicants."

P.S. -- The Cal Bar is offering an amnesty program for members who have not paid their dues. Check it out here.


July 5, 2010 in State & Local Bars | Permalink | Comments (0) | TrackBack

POLLAK CHAIRS PRO BONO NET

Pollak2010

Congrats to Bill Pollak, ALM president and CEO, who has been elected chair of the Pro Bono Net board of directors.

Pro Bono Net is a New York City-based nonprofit organization that focuses on using technology programs (including web-based programs) to empower legal advocates and help them better serve the underrepresented. It provides assistance directly to the public (via LawHelpInteractive), as well as helps legal organizations manage pro bono activities (Pro Bono Manager). See Pam Weisz' story in the January 2010 issue of LTN.

Executive Director Mark O'Brien cited Pollak's "talents and experience, knowledge of the legal market, and commitment to the cause of access to justice" as strong assets for the leadership post he has assumed.

Pollak joined ALM in 1998, and has served on the PBN board since 2000. He succeeds the organization's founding chair, Michael Cooper, of Sullivan and Cromwell (who remains on the board).

July 2, 2010 in Good Works | Permalink | Comments (0) | TrackBack

CH-CH-CHANGES

21337346.thb Andrew Adkins III, who for 13 years has been the director of the Legal Technology Institute, as part of the University of Florida's Levin College of Law, has decided to leave the school and return to private practice.

Adkins, a longtime member of LTN's Editorial Advisory Board, has merged the institute into his own company, Adkins Consulting Group. The new entity will retain the Legal Technology Institute name.

Adkins is a frequent contributor to LTN, his most recent article, "Taming Chaos," was the cover story of our March issue, addressing small law firms' resistance to practice management software. "I expect to keep contributing to LTN's various venues, from print to video," said Adkins, who also serves as a judge for LTN's juried annual awards.

Adkins served as co-chair of ALM's LegalTech conferences from 2000-2007, and was chair of the American Bar Association's Techshow from 2000-2001. He frequently conducts a popular case/matter/practice management survey, and is the author of the ABA's "The Lawyer's Guide to Practice Management Software Systems."

What will he miss about his affiliation with the Gators? "Mostly, the people I work with here, from the faculty, to the tech team, to the support staff," he says. But he'll be just 20 minutes away, and expects to be on the campus a couple times a month. He's looking forward to his new commute: about 20 seconds, to his home office.

July 1, 2010 in People | Permalink | Comments (0) | TrackBack

ROCKET MAN WINS APEX AWARD

DSC_3705_USE2 We were thrilled to hear from Larry Port, of Rocket Matters, that his hilarious article, "Macho & Mulch: Choosing a Hybrid in South Florida is a Very Nuanced Adventure," from Law Technology News' February, 2010 issue, won a 2010 APEX Award for Publication Excellence in Green Writing.

Was it weird or what that JUST as we went to press, Toyota ran into a few um, er, well, "problems."  Timing is everything!

BTW, we're always looking for Green Law articles, and this is one of areas where everyone in the community, including vendors, is eligible to write. (Vendors cannot write about their own products, but can write about how they as a company are doing green projects). You can pitch us at lawtech@alm.com.

Click to enlarge photo. (And to think that Larry gave me such grief for making him wear a tie. :)

July 1, 2010 | Permalink | Comments (0) | TrackBack

 
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