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Why Email Kicks More Butt Now Than Ever -- Plus Dennis Kennedy's Annual Predictions

By Neil J. Squillante | Tuesday, March 4, 2008

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Earlier this year I peered into my crystal ball, conjured up Johnny Carson's Carnac, and set forth five legal technology predictions for 2008. I also pointed to the predictions of others, but conspicuously missing was the Dick Clark of such predictions — Dennis Kennedy.

The wait is over! Dennis has unleashed his must-read 2008 predictions on LLRX in an article entitled, Eight Legal Technology Trends for 2008 — Good Times, Bad Times or Hard Times in Legal Tech?

Please read the article and reply with your thoughts. For the most part, I agree with predictions 1-3 and 5-8, but couldn't disagree more with Dennis on number 4: The Death Throes for Email?

Ouch, Dennis. That's my home turf!

Dennis begins:

"We're all buried by email. If you have a BlackBerry, you're buried all day wherever you are at and you feel like you can never get away."

This idea that people are buried by email is a myth largely propagated by companies that sell email alternatives. We're all addicted to email, not overwhelmed by it. Maybe an addiction isn't healthy, but it sure is fun. Those of us who can't help checking our email one last time before bed or before the plane takes off or [insert guilty email pleasure here] must find it enjoyable on some level or else why bother?

As it turns out, email is extremely well-suited to human beings. Recent research has shown that people don't multitask well. Email breaks up our world into bite-sized chunks. When you're inside an email message, you tend to focus on just that message. The world around you disappears for a minute. That's healthy.

I think people tend to use the words "email" and "overwhelmed" together because email often creates "tasks." So it's not the email that's overwhelming, it's the tasks they contain. People who feel overwhelmed by tasks may need a better task management system or an administrative assistant or both.

Regarding CrackBerrys and their ilk, Dennis has stated on several occasions that he does not use one. The people I know who use these devices (myself included) like being connected to our email all the time because we can process it when we have nothing better to do (or don't like what we're doing) but don't have access to a computer. We feel lost and out of touch when we don't have these devices with us.

Dennis continues:

"At the same time, some studies indicate that 80-90% of Internet email is spam, and a large fraction of internal email is not much better than spam."

As I've noted many times, the volume of spam sent is irrelevant. All that matters is what you actually receive.

If you currently use an ISP for your email, switch to Google Apps Premier Edition. No one has a better spam filter than Google. If you maintain your own Exchange or other mail server, check out Postini, which is owned by Google.

As for internal mail, your colleagues want to keep you in the loop for reasons both good and bad. If you switch to an email alternative, these messages will simply take a different form. Etiquette training is the answer here, not technology.

Dennis adds:

"You increasingly hear people saying that "email is broken."  The real difficulty with email is that we are asking email to do far more than what was intended for. Email is for sending, well, email messages. We use it for everything — from a document management system to a collaboration platform."

That's what we thought three years ago so we started using Basecamp, a Web-based project management system. Basecamp features its own messaging system that keeps conversations in threads. In fact, we used Basecamp with Dennis when he wrote TechnoLawyer NewsWire.

But Basecamp failed.

By and large, our clients and contributors found the messaging system less convenient than email. When someone sends a message, you receive an email alert. You then have to click a link in the alert to respond in your browser. Rightly so, people just wanted to reply in their email program.

You might think a little extra work is worth the reward — threaded discussions. Nope, as I recently discovered first-hand. We produced our eBook using Basecamp. As a result, none of the messages associated with our eBook exist where I want them — in my email program and in my searchable email archive.

Instead, they're in Basecamp, walled off — a prison we're escaping this month as we migrate to Google Apps Premier. You see, Google got it right. Don't force a new messaging system on people. Let them use email. But give them document collaboration (Google Docs and Spreadsheets) and a dashboard with file sharing (Google Sites).

Lots of other companies get it too. Witness the explosion of email archiving solutions. Whether regulated or not, most companies nowadays want the ability to store and search their email.

Dennis writes further:

"People are gradually finding that RSS feeds, news readers, instant messaging, phone calls, and even face-to-face meetings are often better and more appropriate than email for certain types of communication."

That's certainly true, but none of these replace email, except perhaps instant messaging for those under the age of 25. But instant messaging doesn't scale even if you have two or three monitors.

Dennis continues:

"Some even suggest that the trend toward social networking platforms, like Facebook, is in some part due to the failures of email."

A prediction of my own and a wager to boot: I'll bet good money that email will outlast all Web-based social networks, especially those that eschew email. Instead, look for the opposite — better email clients that acknowledge what we've known all along — email is the ultimate social network.

Dennis adds:

"Email has also become unreliable as spam filters and overloaded inboxes make it difficult to be certain that email messages are actually delivered and received."

See my discussion above about Google and Postini.

Dennis concludes:

"The trend to watch is the movement away from email into appropriate tools for the task at hand. Two trillion instant messages were sent in 2007. Firms with policies against instant messaging will find that their clients will insist on the use of it. It has become difficult to send large files by email at a time when it has become essential to send large files. Watch for use of online services for the transfer of large files to grow. Almost every communication alternative to email can be expected to grow in 2008. Email will not die as a tool for lawyers, but 2008 will demonstrate how rickety and sickly the email system has become."

While training people to use the right tool for the job is critical, email's power will continue to grow because people use it when they want to create a searchable record of something noteworthy. No other technology can match email in this regard, especially with all the investment in archiving and storage (Google Apps Premier, at the low end of the enterprise spectrum, now provides 26GB of storage for each email account). Expect to see smarter email clients, even more storage, and better ways to search and mine our growing email collections.

Email isn't in its death throes. It's just molting.

Thoughts on this or Dennis' other predictions? Please reply!

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Email/Messaging/Telephony | Technology Industry/Legal Profession | TL Editorial

LegalTech 2008 Recap: You Didn't Miss Anything (Because It's All on the Web)

By Neil J. Squillante | Tuesday, February 19, 2008

I didn't attend LegalTech 2008 this year, but I didn't miss anything. And no, I'm not criticizing LegalTech. I'm praising it. ALM (the company behind LegalTech) covered the event extensively in its Legal Blog Watch blog. Additionally, a number of other bloggers and podcasters also covered LegalTech. We've compiled the best of these posts and podcasts below with some commentary.

LEGALTECH AT TECHNOLAWYER ...

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Why didn't we attend LegalTech given that our office is less than a mile away from the Hilton? If you're a non-ALM publication, you cannot conduct press briefings at the Hilton as there is no place to sit. Also, hotels serve notoriously bland food. Life is too short for processed turkey sandwiches.

So instead we invited legal vendors to meet with us at our office in our whisper-quiet conference room, which we stocked with high-end gourmet goodies from six best-of-breed New York purveyors.

The result?

Last year we scheduled 23 meetings at the Hilton. This year, we scheduled 41 meetings at our office! I'd like to thank everyone who attended. Same time next year!

As a result of these meetings, you'll learn about lots of new products in the coming weeks — plus some reviews as well. For now, you can get a "taste" of these meetings by checking out the all-day menu we provided.

The photos above show ALM's LegalTech flyer, one of the 41 meetings we held during LegalTech in our conference room, and Eleni's New York cookies, which were among the gourmet goodies we offered our guests. Seated in the conference room from left to right counterclockwise: Me, my colleague Sara Skiff, Jobst Elster, Vice President of Envision Agency, and M.W. Whit McIsaac, President & CEO of Client Profiles. JoAnna Forshee, CEO of Envision Agency, snapped the two conference room photos.

ALM'S EXTENSIVE COVERAGE OF LEGALTECH ...

According to Law Technology News editor Monica Bay, she and her team decided to live blog LegalTech the day it started. As a result, the coverage is more like a series of snapshots in a photo album than a documentary. But it's nonetheless impressive and well worth reading. Because blogs are organized in reverse chronological order, we've un-reversed the best posts for you.

Cuomo Speaks at Fios Party

CourtroomLive Launches Today

Martindale-Hubbell Blog

Balancing In-House and Outsourced EDD Resources

Tuesday Morning Panel Reports from KM Space

Day One Is Nearly Done

Day One Reports

LegalTech Seminar — Authenticating Digital Evidence

"B-Discovery"

Law Technology News Award Winners

The King (or Queen) of LegalTech Swag?

Anonymous Blawger Sighting

Photos from Bloggers' Breakfast

Lawyers Catching Up With Web 2.0

"EDD Uncertainty Looms Over LegalTech"

Google Goes to LegalTech, and LegalTech Goes Global

The Last of the LegalTech Blog Posts


BEST OF THE REST ...

Aaref Hilaly, the CEO of Clearwell Systems, who was kind enough to visit with us and who authors the blog E-Discovery 2.0, published the best account of LegalTech from the perspective of a vendor.

Is LegalTech A Good Investment?

Brett Burney, eDiscovery expert and one of the nicest guys in the business, covered the highlights from the E-Discovery Institute's event, Counselor, Why Can't You Google It? I'm sure the event lasted an hour, but you can read Brett's excellent recap in less than five minutes.

LegalTech NY 2008-Googling Your Document Review (E-Discovery Institute Session)

Ross Kodner, legal technologist extraordinaire and long-time Microsoft critic, concluded that Microsoft made the most electrifying product announcement at LegalTech.

LegalTech NY Day One: Microsoft and the Next Big Thing: "Intrasocial Networking"

Doug Cornelius of KM Space live blogged LegalTech, and, unlike many others, was nice enough to tag his posts so that I can point you to all of them with one link.

In his post, LegalTech Wrap Up, Doug echoes my criticism about nowhere to sit (just in case you didn't believe me and thought we were just making excuses to stay in our office), writing:

"Overall, I found LegalTech to be crowded and loud. I was always looking for a place to sit and chat with people but there was nowhere to be found."

Finally, Thomson West created a blog dedicated to its announcements at LegalTech. Watch the videos, which are like watching product demos in a trade show booth — but better because you're not actually in the booth.

LISTEN TO LEGALTECH COVERAGE ...

Two Legal Talk Network podcasts also covered LegalTech. Below you'll find links to the actual MP3 files. You can also find these podcasts in iTunes.

In her new podcast, Law Technology Now, Monica Bay and guests Craig Ball and Henry Dicker discuss LegalTech, including some inside baseball.

Bob Ambrogi and J. Craig Williams cover LegalTech in back-to-back episodes of their Lawyer2Lawyer podcast. I was invited to participate in one of these shows, but couldn't fit it into my schedule. Nonetheless, they are still worth a listen (ha).

What's New in Legal Technology?

LegalTech Recap 

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Law Firm Marketing/Publications/Web Sites | TechnoLawyer | Technology Industry/Legal Profession | TL Editorial

LegalTech New York 2008 Preview

By Neil J. Squillante | Tuesday, February 5, 2008

As usual, this week's LegalTech New York trade show and conference will bring a veritable blizzard of product announcements that we'll cover in detail in due course in TechnoLawyer NewsWire. We have 41 meetings lined up over the next three days (gulp).

For now, we've put together a linked list of all the noteworthy press releases and articles that have come our way. Unfortunately, some press releases are embargoed until tomorrow or later this week so we cannot share them with you now.

Storage Prepares for Court: New Products Prove that Legal and Technological Worlds Are Merging

ONSITE3 Showcases New eView Release at LegalTech 2008

WinScribe Announces Application for BlackBerry Smartphones at LegalTech New York Conference

Fios Announces Compliance with EDRM’s XML Standard

iCONECT Compliant with the EDRM XML Schema

Peak Off-Site Announces New Performance Metrics Tool to Boost Document Review Productivity and Reduce Costs

Lucid8 to Demonstrate New Digiscope 2.0 E-Discovery & Recovery for Microsoft Exchange at LegalTech

Inference Data Adds New Foreign Language & Rapid Review Features to E-Discovery Analytics Platform

New Release of Clearwell E-Discovery Platform Raises the Bar for Enterprise-Class E-Discovery Management

OpSource Delivers Web Application to Support Litigation Involving Electronic Evidence

Managed Document Review Now Available from SPi

Syngence Corporation Launches Near-Duplicate Solution, SynthetixND

The Sackett Group and American LegalNet Inc. Announce the Release of MacPac Connect

Synaptec Announces Release of LawBase 12

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Backup/Media/Storage | Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | Technology Industry/Legal Profession | TL Editorial

Ross, Tell Us What You Really Think About Windows Vista

By TechnoLawyer Blog | Tuesday, January 22, 2008

[Publisher's Note: Today, a special treat — a guest TechnoEditorial by industry legend Ross Kodner. In the TechnoEditorial below, Ross tells us what he thinks of Windows Vista as only Ross can. — Neil J. Squillante]

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Welcome to the wonderful world of Vista (for a similar reference see: "Dante's Inferno" — impossible to distinguish between the two). Here's just one fun My Own Personal Hell (MOPH) observation — drive space disappearing at the rate of sometimes several gigabytes per day. It's because the System Restore function goes completely bonkers and gobbles up tons of space because it creates multiple restore points every day on some systems ... with no good explanation.

On my nearly new Thinkpad T61 which I finally decided to transition to, Vista has so thoroughly screwed itself up and in such a complete unfixable way (won't download updates and as I found, hasn't done so since August — nice). And with that, a what-should-be-screaming T7500 machine with Readyboost built-in, it feels more like a Pentium III with 256 Mb of RAM.

And Microsoft? They won't touch it because it's an OEM copy and say Lenovo needs to help. Lenovo of course says "duh, no clue, call Microsoft." Think about that absurdity — aren't virtually 90+% of Windows copies OEM copies that come pre-installed on new PC systems? That means Microsoft doesn't have to support virtually ANY Windows issues without charging $99 for a service incident? Oh, but wait — Microsoft says they will support for free, any issues related to update problems with Windows. But I challenge anyone to try and find out how to contact them for free on such an issue. On the U.S. Microsoft site, if you click on ANY of the links on this subject, you get jetted off on a digital Concorde to the Microsoft U.K. Web site — pages having nothing to do with support. That's nice (said in a mocking Borat voice).

Before you get too deep into setting up a new Vista machine, you should read my newest CLE materials on Vista right now. If you're going the masochistic route and staying with MOPH, then by all means, please do the things I've recommended — all learned the hard way after nearly a year with Vista.

But for me, faced with the prospect of having no choice but to do a clean install (which is about three days of screwing around reloading apps, data, etc.), I'm giving up on Vista on this machine. I've already asked Lenovo to send me their Vista to XP Pro "downgrade" kit. Which for me, will most certainly feel like an upgrade after logging over 6 days of totally wasted time — blood-pressure-increasing, angst-inducing wasted time. I hate Vista more than I have ever had previously — which was considerable.

There's nothing whatsoever I like in any way about Vista. Oh yeah, forgot to mention the last straw from last night. I had already upgraded the T61 to 2 GB of RAM when I ordered it. I wanted to see if doubling to 4 GB might have any positive effect on performance. So I installed the 2 x 2 GB SODIMMs and lo and behold, Vista reported only 3046 GB of RAM. After three hours of diagnosis including installing the RAM in other machines, I thought to check the T61's BIOS and sure enough, there was 4,096 GB of RAM showing. So no issue with the T61, no issue with the RAM itself, yet another Vista BS issue. Google the issue of underreported RAM on Vista systems and a flood of hits point out that everyone has faced the same frustration because the 32-bit version of MOPH is limited to only 3 GB of RAM while the 64 GB version can go up to 8. Again, nice.

Vista is the biggest software screw-up of all time. I've lived with its irritations for nearly a year. While I will keep it running on my Toshiba laptop, it's going away as fast as I can make it happen on my primary production T61.

Vista is the #1 reason Apple has been so successful in the overnight turnaround of its Mac product line. The best feature of the MacBook and iMac series is they DON'T have Vista, not the fact they now have Leopard.

Vista is Windows ME but many degrees worse. Vista is Microsoft BOB but much less reliable. Vista is MOPH and deserves to die. Painfully. Slowly. With as much agony as can possibly be inflicted on an inanimate intangible object.

So unless you subscribe to self-flagellation as form of personal amusement, "downgrade" now. Virtually every laptop maker offers a legal Microsoft-endorsed Vista-to-XP "downgrade" plan upon request. From one friend to another, "Friends don't let friends compute with Vista."

A version of the above article originally appeared in Ross Ipsa Loquitur, a legal technology blog written by industry legend Ross Kodner. Ross serves as the president of MicroLaw, which has helped law firms with technology since 1985, and is the only five-time individual Technolawyer @ Award winner, including the lifetime achievement award for Legal Technology Consultant of the Year in 1999. He also contributed to BlawgWorld 2007-08 with TechnoLawyer Problem/Solution Guide.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Business Productivity/Word Processing | TL Editorial

Kodner on the State of Legal Technology

By TechnoLawyer Blog | Monday, January 21, 2008

[Publisher's Note: Today, a special treat — a guest TechnoEditorial by industry legend Ross Kodner. In the TechnoEditorial below, Ross responds to some questions about the state of legal technology recently sent to him by a reporter unaffiliated with TechnoLawyer. — Neil J. Squillante]

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WHAT SOFTWARE, GADGET, OR DEVICE DO YOU THINK ATTORNEYS MOST NEED TO INCORPORATE INTO THEIR WORK HABITS?

Lawyers don't need more gadgets and devices. Lawyers need to re-focus on how to better use the basic tools they already have for document generation, case information management, document/email/paper management, and their billing and financial systems.

Most firms I encounter barely use the systems they've already spent money on — including things as mundane as Microsoft Word. Smart law firms realize that effective use of technology is not about buying new things to solve problems in most cases, but rather focusing on better use of the core systems they already likely own. And realizing that ultimately, it's all about smart, simple, and practical procedures, and workflow. And further realizing that technology tools are just enablers to make sure processes from initial contact with a prospective client, through conflict checking and matter intake, through case handling, all the way to file archiving closure are done in the most effective way.

BUT IF THERE WAS ONE SOFTWARE APPLICATION LAWYERS REALLY NEED ...

I'd have to actually make it three (sorry — I can't decide):

First: Microsoft Word 2007 — the latest release of this product is LEAPS AND BOUNDS superior in every way to its miserably obtuse, perpetually mystifying, and downright exasperating predecessor Word 2003. Where Word 2003 has been a virtual instrument of torture for its users (victims?), Word 2007 is so dramatically improved, it seems almost un-Microsoft-like in its totally revamped and eminently logical layout. It's the first time I've ever publicly praised Microsoft Word.... I even have a new CLE program on precisely this subject that has been presented already around the country. It can be downloaded as a PDF.

As I've been pointing out in my CLE programs for several years, the next one is a little utility for Outlook users called Anagram. This little $30 Outlook-connected software utility allows you to highlight a name/address block in any program — in a document, in an email, on a Web site — and with a single keystroke, it splits it into individual fields of information and inserts them as an Outlook contact. This is a HUGE timesaver and the difference between saving contacts and not having the time to bother with the tedious manual approach. Thanks to techno-pal Browning Marean from DLA Piper for this tip — it's saved me, as well as hundreds of my clients, a significant amount of time.

Next up would be Metadata Assistant by PayneGroup. It's the first and, in my opinion, still the pre-eminent metadata removal and review tool for Word, Excel and PowerPoint files. In spite of years of educational efforts, a shocking number of lawyers are seemingly unaware of what metadata even is, no less its very real danger and threat to expose confidential information in electronically transmitted documents. And then add in the practical issues related to viewing hidden metadata in electronic documents obtained via discovery in litigation and this becomes perhaps the single most important piece of software that needs to be installed, and in informed use on every single law practice computer worldwide.

WHERE IS THE STATE OF WISCONSIN IN THE MOVEMENT TOWARD ELECTRONIC FILING AND WHAT SORTS OF SOFTWARE WILL THAT REQUIRE?

While this question addresses this issue in Wisconsin, many states are in much the same position in regard to e-filing. I'd say Wisconsin is slightly behind in state-based electronic filing of court documents compared to what I've seen in other states. Of course the Federal Court system has had electronic filing for years through its Pacer system. What Wisconsin lawyers need to prepare for the eventual and inevitable electronic filing in state courts and agencies is the ability to create PDF files from every workstation in their office.

The safest (but most costly) way to do this is using actual Adobe Acrobat (currently version 8 Professional is chock full of useful legal features like Bates stamping, secure redaction, etc. and is the version most should have) and especially to master it's critical functions related to securing PDFs to prevent alteration be recipients and removal of PDF metadata using the Examine Document feature in the latest release. Acrobat also supports secure digital signature technology which may very well be required for verification of online-filed court documents in Wisconsin (and likely other states) in the future.

MANY ATTORNEYS ARE CONCERNED WITH THE SECURITY OF ELECTRONIC COMMUNICATION AND ARE THEREFORE HESITANT TO USE IT? ARE THOSE CONCERNS WELL-FOUNDED?

Absolutely. Sending an email containing confidential client or firm information over the Internet makes it disturbingly easy to intercept and exploit. I don't think there's anyone out there today who doesn't get the concept that ordinary email is completely insecure. But the vast majority of lawyers routinely, and in the ordinary course of business, send confidential and sometimes highly sensitive information via email every day.

This poses a fundamental technical ethical issue — if a lawyer knowingly transmits confidential information which they are ethically duty bound to protect over a known insecure medium, could it not be argued that each incident could constitute an ethical violation? It's an interesting subject for debate.

Until we have an explicit ethics opinion or rule that clarifies what obligations a lawyer has to protect confidential client electronic communications, I recommend erring on the side of caution. I tell my clients they should include a "Communications" section in their engagement agreements. It should state something to the effect of:

"We will use Internet email to communicate with you and on your behalf during the course of our representation of you. It is widely known that ordinary Internet email is entirely insecure. If you would like us to engage in something more secure than ordinary Internet email, please indicate so, otherwise we will presume that ordinary Internet email is acceptable."

I believe this satisfies the lawyer's obligation — the client is made aware of the risk and is given an opportunity to opt into some kind of secure/encrypted email approach.

DO YOU FIND RESISTANCE AMONG ATTORNEYS TO ADOPT NEW TECHNOLOGIES? IF SO, WHAT DO THINK IS THE MAIN CAUSE OF THAT RESISTANCE?

Sure. Perpetually. It's not just lawyers — it's most people. Human nature makes us pain avoiders — we tend to gravitate towards the easiest way to do the things we have to do. Change flies in the face of pain avoidance. Most lawyers I've met tend to bristle at the idea of changing their technology and interrupting the daily status quo. Even if logically, they know their practice is inefficient in many areas, they at least have gotten really good at efficiently being inefficient! It's the age-old progress-limiting trap of the devil you know often seems preferable to the one you don't.

The irony here is that the way to break out of that vicious circle and get off the endless treadmill is to step back and streamline practice approaches and procedures to improve client representation and minimize the stress of the reactive situations where fires have to be put out. Of course, alternatively, there's always Prozac.

The minority of my clients continent-wide, however, who see that change can be intensely positive. They see that there are always way to improve a practice approach, and streamline operations and maximize profitability by reducing non-billable administrative time as much as possible through smart application of procedures and technology, and that client service/retention can often be dramatically improved. These firms are the "super-competitors" because they'll eat change-resistant law firms for lunch before the victims even know it has happened.

WHAT IS YOUR OPINION OF VOICE RECOGNITION SOFTWARE IN GENERAL? IN TERMS OF APPLICATION IN THE LEGAL FIELD?

Voice recognition has been around since the mid-1990's in a mainstream sense. But finally, within the last 12 months, after more than 15 years of hype and frustration — voice recognition now works the way most users would expect it to.

The latest version of the leading Dragon NaturallySpeaking voice recognition software is just plain stunning.... It works the way people expect with virtually none of the drawbacks of prior generations such as cumbersome initial "training" requirements. Run it on a contemporary PC with a capable USB-connected headset or an approved handheld digital recorder and people will be blown away by how effective it is. Even if they had bad experiences with prior releases of these products.

Everyone can talk faster than they can type, and with body text being entered into word processing documents, lengthier emails, even time entries and case notes dictated into your case manager, voice recognition and its companion related concept of digital dictation now meet or exceed expectations. Now if only they can overcome the early bad experiences people had that turned them off to earlier iterations of this technology.

Colleague Jim Calloway blogged about the current edition of Dragon NaturallySpeaking (version 9). It's a must-read for TechnoLawyer member Chris Middleton (see his Question below) and everyone else for that matter.

IS THERE ANYTHING THAT YOU'VE FELT I SHOULD HAVE ASKED YOU THAT I HAVEN'T?

I could go on ad infinitum on topics like why I think law practices would be certifiably nuts not to have mission-critical tools such as case management and document managements systems, the critical distinctions between IT (Information Technology) and LT (Legal Technology), or how effective my Paper LESS Office process has been over the years, or how lawyers using WiFi connections in public wireless hotspots is absolutely insecure and should never be done when transmitting client-related information versus using secure wireless broadband cards offered by cell providers, or how badly law firms tend to apply process and systems training for their lawyers and staff using "memorization" as the modality versus task oriented knowledge-building ... but we can leave those for another day.

A version of the above article originally appeared in Ross Ipsa Loquitur, a legal technology blog written by industry legend Ross Kodner. Ross serves as the president of MicroLaw, which has helped law firms with technology since 1985, and is the only five-time individual Technolawyer @ Award winner, including the lifetime achievement award for Legal Technology Consultant of the Year in 1999. He also contributed to BlawgWorld 2007-08 with TechnoLawyer Problem/Solution Guide.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Business Productivity/Word Processing | CLE/News/References | Coming Attractions | Dictation/OCR/Speech Recognition | Document Management | Practice Management/Calendars | Privacy/Security | Technology Industry/Legal Profession | TL Editorial | Utilities

Robin Hood and the Dragon (NaturallySpeaking)

By Neil J. Squillante | Tuesday, January 8, 2008

Nearly two years ago I lamented the dearth of "young guns" in legal technology. Dennis Kennedy emailed me to say that Tom Mighell of Inter Alia was such a person.

Apparently, Dennis and I have different notions of a young gun. Tom is my age. I define a young gun as someone under the age of 30.

Legends like Ross Kodner and Dennis Kennedy were in their twenties when they started writing about legal technology. Why isn't there a Ross 2.0 or Dennis 2.0 on the scene?

Well, maybe there is.

Meet Robin Hood (his real name), a third year law student at Mississippi College of Law. Concerned about the error-prone nature of using previous documents to create new documents at the law firm where he clerks, he created a set of Microsoft Word macros for drafting routine documents such as letters and pleadings. He also bought a copy of Dragon NaturallySpeaking so that he could verbally produce these documents.

Robin demoed his work on YouTube as you would expect a young gun to do. Watch his instructive video, Speech Recognition for Lawyers (click here if you can't see the video below).

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Business Productivity/Word Processing | Dictation/OCR/Speech Recognition | Technology Industry/Legal Profession | TL Editorial | Videos

TechnoLawyer's 2008 Predictions

By Neil J. Squillante | Monday, January 7, 2008

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In past years, we have published the predictions of others. But this year we bring you our own predictions.

1. Viva Law Evolution!

Don't expect any revolutionary changes from 2007. Most of the lawyers who presided over law firms five years ago let alone one year ago remain in charge today. It takes decades for management to change across a profession. The old guard embraces new technology, but out of necessity, not because they grew up with a mouse in their hand.

Talk to me in 20 years when today's young lawyers (under age 35) are running the show. At that point, the differences from today will be dramatic. But then as now, the differences between 2027 and 2028 will be evolutionary, not revolutionary.

2. Apotheosis of the General Counsel

Years ago, few legal vendors had much interest in corporate counsel. Even today, it would seem to make more sense to pursue the 800,000 or so lawyers in private practice than the 100,000 or so in corporations. And plenty of vendors still do that. (See American Bar Association, Market Research Department.)

But with the rise of electronic discovery, corporate counsel find themselves in need of technology solutions that didn't exist five years ago. Chief among these — applications for archiving email and other documents in anticipation of lawsuits, and applications for preserving and culling relevant documents from these archives after being sued but before engaging outside counsel.

On the corporate end, vendors that provide document automation solutions have discovered just as much of a need exists in legal departments as in law firms. Also, the needs are not exactly the same.

This burgeoning market coupled with the relatively small number of lawyers in corporations means that they now wield considerable power. In this respect, their relationship with legal vendors has become increasingly like that of doctors with pharmaceutical companies. Expect the power of general counsel and their minions to grow in 2008.

3. Web Applications Inch Towards Greater Acceptance

Web applications will continue to make inroads in 2008, but they will not displace desktop software anytime soon.

A Web application can do almost anything a desktop application can do. And now that lawyers have become accustomed to online banking and online backups, concerns about confidentiality have largely vanished.

But several issues remain unclear.

First, while Web applications don't require an initial capital expenditure, they can end up costing more, particularly if a firm skips upgrades and doesn't work with consultants. Therefore, cost is ultimately a losing argument. Instead, Web application providers should focus on their inherent advantages — new features without installation hassles and ease of use.

Second, while every airplane will someday have WiFi, that day won't arrive in 2008. Will Google Gears or a similar technology enable lawyers to use legal Web applications without an Internet connection?

Third, a year ago desktop software had a key advantage over Web applications — their mobile counterparts worked better on smartphones. But Apple's iPhone proved that you could have a real Web browser on a smartphone.

Fourth, when will Microsoft release a Web version of Office? That will be a very good day for Web applications. It probably won't happen in 2008.

Fifth, who ultimately wins — startups or today's market leaders? Both probably. The legal technology market remains remarkably fragmented. While some market leaders will acquire Web applications, others will probably have no choice but to build their own since it's probably impossible to make a Web application look and feel like your desktop application unless you build it from the ground up that way. As with every inflection point, one or two of today's startups will become market leaders themselves.

4. PDF Cedes Some Power But Remains an Essential Format

The first revolution in discovery occurred when software enabled lawyers to convert paper into digital files. The TIFF format eventually gave way to PDF because of the latter's flexibility and ubiquity.

The second revolution is now underway and will gather steam in 2008 — software and Web applications that manage email and other electronic documents. Many of these solutions enable law firms to review documents in their native file format without having to buy the original software programs.

When law firms employ such solutions, PDF doesn't play a role during the review process — except of course for scanned paper documents. Instead, it only serves as an export option for production, depositions, and trials.

While PDF may no longer have the spotlight all to itself in discovery, it remains the top dog for law firm records management. The certification of PDF/A as the preferred format for long-term storage pretty much ended whatever prospects competing formats may have had in this area.

5. Print Publications Pass Their Prime

Let me start by revealing two embarrassing mistakes, one from long ago and one recent.

When I put together our first media kit (a term of art to describe a document that lists advertising rates) in 1998, the cover depicted our mascot Netsquire (half computer, half lawyer), placing Web banners in garbage cans. The message was that our marketing opportunities were more effective than Web banners.

All well and good except in 1998 virtually all advertising dollars were spent on print ads, not Web banners. Wrong target. Oops.

Last summer as we geared up to release our eBook we hired a public relations firm to generate coverage among the major legal print publications. We thought the simultaneous launch of an eBook on 77 Web sites would be newsworthy.

We soon learned what should have been obvious — these publications don't cover events like this or even review eBooks for that matter. That's what online publications do. You know, like TechnoLawyer. And blogs. Duh. To this day, no print publications have covered our eBook.

In 2008, online legal publications will continue to apply pressure to mainstream legal print publications.

For example, note the rapid rise of Above the Law in which David Lat singlehandedly covers the dark underbelly of large law firm life as no print publication would dare. David is the Matt Drudge of the legal world.

Above the Law costs a fraction of what it costs to produce a print publication, which means it can thrive on a fraction of the revenue that print publications need.

This example underscores why print publications cannot simply shift their business model online — as uninformed armchair quarterbacks often suggest. The dollars online don't measure up. And whatever dollars do exist online, 30-40% go to Google.

The economics of the online world — lower advertising rates, measurable return on investment demanded by advertisers, and few if any subscription opportunities — benefit publications built from the ground up with these facts in mind.

Perhaps most vulnerable are print legal technology publications. Last year, James Publishing pulled the plug on Law Office Computing, which relied on subscription revenue.

The free publications are better situated. However, even if they overcome the cost structure problems outlined above, they face one insurmountable problem — you cannot click on a Web address printed on paper. Don't laugh. It's not a joke. It's a serious problem for a technology publication.

6. Others' Predictions

Finally, a few predictions relayed to me by others:

• A solo independent legal technology consultant confided in me that he and others like him are the last of a dying breed.

Brian Ritchey of More Partner Income predicts good times for bankruptcy and voting rights lawyers, more law firm mergers and practice group acquisitions, increasing use of business intelligence tools, the quasi-death of the billable hour, and minimal impact on lawyers by a recession.

John Wallbillich of The Wired GC predicts corporations will tighten legal spending and more law firm mergers.

Kevin O'Keefe of Real Lawyers Have Blogs predicts that savvy law firms will incorporate social networking into their marketing plans. He also predicts that law firm marketing managers who dismiss this form of marketing and don't seek expert help risk losing their job.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Business Productivity/Word Processing | Litigation/Discovery/Trials | Online/Cloud | Technology Industry/Legal Profession | TL Editorial

Thank You Apple for My Bang Up Birthday

By Neil J. Squillante | Thursday, December 13, 2007

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I woke up with quite a headache on Sunday, but it wasn't because of the frozen mai tais I had Saturday night. If anything, the alcohol delayed the onset of this particular headache.

Apple is to blame. Or more precisely, the knucklehead architect who designed its newest store in Manhattan's trendy meatpacking district.

On Saturday at around 5:00 p.m. I tried to check out the new Apple store. Housed in a three-story building, the store has ground to ceiling plate-glass windows right next to the ground to ceiling plate-glass doors. Completely unadorned and super clean, these windows are difficult to distinguish from the actual doors because of the bright lights inside the store.

To my 20/20 eyes, it looked like Apple had opened that entire corner for the grand opening so I walked right into the plate glass — bam! Unfortunately, my right eyebrow took the brunt of the collision. I know. Bad form. Feet first.

I was so annoyed by the poor design I left and never entered the store. Besides, I had to get ready for dinner and those frozen mai tais. If I start reminiscing about catching Babe Ruth's 60th home run, please call an ambulance.

Apple, of course, is known for elegant yet simple design in both software and hardware. And I'm an unabashed fan. But critics argue that Apple's products lack features and are not necessarily intuitive, but instead just represent a different philosophy.

I still think these folks are mostly wrong, and point to Apple's stock price as Exhibit A and the iPhone as Exhibit B. But Apple does occasionally take its emphasis on "clean" design too far. For example: The ill-fated Mac G4 Cube, which was underpowered and poorly built. The Apple TV, which lacks a DVD player (not to mention a DVR). And those damned plate-glass windows at the new Apple store!

Should I sue? I'd settle for some black Apple logo stickers on the windows — and an Apple-designed all-in-one stand with three monitors.

Well, that might be a pipe dream, but at least one of those plate-glass windows now has a forehead smudge on it that might save someone else from my fate — though the store's janitorial team probably cleaned it off two minutes after I staggered away.

Now, if you'll excuse me I need to take some more aspirin.

Oh, one more thing: Happy Holidays from all of us here at TechnoLawyer!

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Technology Industry/Legal Profession | TL Editorial

TechnoLawyer Linkathon Winners: Susan McClellan and Charlotte Quiroz

By Neil J. Squillante | Tuesday, December 11, 2007

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In October we held our first ever sweepstakes, TechnoLawyer Linkathon.

We would like to thank all those who participated! Their links to our blog resulted in 821 downloads of our eBook, BlawgWorld 2007 with TechnoLawyer Problem/Solution Guide.

At this point, our eBook has been downloaded 22,436 times. If you don't have a copy yet, download it now (PDF file).

On November 21st we held the official drawing and chose the first and second prize winners.

Susan McClellan, Director of Marketing and Operations of Esquire Innovations, won the $500 first prize.

Charlotte Quiroz, founder of IntelliWord, won the $200 second prize.

Congratulations to Susan and Charlotte!

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: BlawgWorld eBook | TechnoLawyer | TechnoLawyer Problem/Solution Guide | TL Editorial

A Tribute to Greg Krehel, Co-Founder of CaseSoft (Now LexisNexis CaseMap)

By Neil J. Squillante | Monday, December 10, 2007

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No company can succeed without early adopters. In our case, we lucked out in that we had contributors and readers from day one, and clients as soon as we started selling marketing opportunities.

One of our earliest clients was CaseSoft, now LexisNexis CaseMap. At the end of the year, Greg Krehel, CaseSoft's co-founder, will retire.

(Unfortunately, because so many companies use words like "retire" as euphemisms after layoffs, reorgs, mergers, and so forth, people always wonder. However, in this context, its true meaning applies. Greg really is retiring. The decision was his. He just announced it recently.)

Greg Krehel along with his partner Bob Wiss shook up the legal industry by creating new categories of litigation software, raising the bar for customer service at a time when many software companies had begun cutting back, and using new marketing techniques, including the Internet, to reach lawyers. I'm proud to have played a small role in this inspirational American success story.

I spent the summer of 1998 developing TechnoLawyer's first service — an email advertising vehicle called TechnoRelease Tuesday (now just TechnoRelease) and an accompanying methodology for using it called Serial Storytelling. In August, I released our first media kit and legal vendors immediately started buying TechnoReleases. But I could not persuade anyone to try Serial Storytelling.

That same year I saw an article about CaseMap 2.0 in Internet Weekly magazine. Impressed, I wanted to meet the person who convinced an Internet magazine to publish an article about legal software. Soon enough I met Greg Krehel. Actually, he sought me out.

TechnoLawyer had no office space at the time so he met me outside my apartment building and we walked to a Starbucks. To this day, I don't know why I didn't just meet him at Starbucks to better disguise the fact that I had no office. Nonetheless, he still ordered a year's worth of TechnoReleases. It was our biggest sale ever at that point in time. And it was CaseSoft's first of nine consecutive one year campaigns in TechnoLawyer (including 2007, its first year as LexisNexis CaseMap).

Greg proceeded to roll out several campaigns using my Serial Storytelling methodology. I don't think I ever told him it was just a theory of mine that no one had ever put into practice, but fortunately it worked — in large part because Greg is not just a talented entrepreneur, but also one heckuva copywriter.

One particularly memorable campaign was a series of tips on creating case chronologies that Greg wrote over the course of seven TechnoReleases. He later used these tips as the basis for a popular white paper entitled Chronology Best Practices still available to this day.

My favorite campaign of Greg's was the very successful launch of TimeMap in 2000. You can get a clear sense of the story he told just by reading some of the TechnoRelease titles (note how he alternated between offers and tips, advertising and content):

Countdown to TimeMap: T Minus 1 and Counting

Two More Demonstrative Evidence Ideas

TimeMap Done; Download Final; 7 Days Till Special Price Kaput

Why Thinking Backwards is Forward Thinking

If TimeMap Doesn't Live Up to Our Claims, Get it for Free

Using Chronology Graphs in Briefs

Designing Effective Visuals: Choosing Fonts and Colors

Greg often credits TechnoLawyer with CaseSoft's early success, but I think the converse is the truer statement. Though small, CaseSoft was the larger company by far. Greg's validation of TechnoReleases as a cost-effective marketing vehicle helped pave the way for our success. At the time, Google had not yet sold a single advertisement. Advertising on the Internet and especially in email newsletters was perceived as risky or at least untested, especially in the conservative legal industry. Many people have forgotten those days. Not me.

By my count, Greg wrote 230 TechnoReleases from 1999-2006. I enjoyed reading and publishing each and every one of them. I doubt anyone else will ever write that many. Even more impressive is the fact that Greg's TechnoReleases represent just one facet of the terrific job he did as CEO of CaseSoft.

The legal industry won't be the same without Greg, but it will continue to benefit from his vision and the products he created. On behalf of everyone at TechnoLawyer and our many subscribers who enjoyed reading his TechnoReleases, we wish Greg much happiness and thank him for all the great memories and for his help and friendship.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Topics: Collaboration/Knowledge Management | Law Firm Marketing/Publications/Web Sites | Litigation/Discovery/Trials | TechnoLawyer | Technology Industry/Legal Profession | TL Editorial
 
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