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Web/Tech

Friday, May 15, 2009

TECH: LBA twitters away with new Twitter Page

Another twitter me this and twitter me that as social media expands in the LBA.  I am not twittering yet, but those of you who are, then feel free to leave some anonymous comments on the value and/or interesting asides on the twitter teching.

LBA Announcements

By vmsmit06 on Student

The Louisville Bar Association would like to inform members of our law school community about their new Twitter page. Yes, you heard correctly. The LBA is now 'Tweeting' with the goal of improving dialogue between LBA members, law students and other legal professionals in our community.

Monday, May 04, 2009

TECH TIPS: Just a reminder and thanks to Finis Price and his TechnoEsq.com blog and web site which combines law and technology into a seamless web

Every now and then, I like to remind you of the technical side of life and the law.  Here are some links to one of my favorite blogs and web sites - TechnoEsq.com.  Finis Price is a first rate lawyer, first rate computer professional, and when you combine the two -  a rare find in this world of specialties!  Plus, he's a good person which at my age means a lot!

He recently attended the ABA Legal Tech Show, and I am anxious to read about new and useful developments.

Synchronized Audio and Notes with LiveScribe

By Finis Price on social networking

Electronic Signatures in Legal Documents

By Finis Price on Technology

Monday, March 02, 2009

TECH: Computer simulation of Crash of Flight 1549 on the Hudson River reveals value of computer technology in making point in 2 minutes!

Thanks to John Day at Day on Torts Blog for the information on a computer simulation of the plane crash on the Hudson River:  Animation of Crash of Flight 1549 

While reading this blog, I thought of sharing the following posts to show you how well a narrowly defined blog addressing legal issues for litigators can show you that content is king and marketing is not advertising.  The professionalism, content, and expertise demonstrated by Mr. Day on a continual basis is a standard few meet:

Mild Traumatic Brain Injury in the ER

By John Day on Medical Resources

The American College of Emergency Physicians has released a new clinical policy called "Clinical Policy: Neuroimaging and Decisionmaking in Adult Mild Traumatic Brain Injury in the Acute Setting.

March 2009 Edition of the Tennessee Trial Law Report

By John Day on Miscellaneous

The March 2009 edition of the Tennessee Trial Law Report is in the mail. This edition includes a summary of 20 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee.

Impeachment by Contradiction

By John Day on Trial

How do you impeach by contradiction? The Federal Evidence Review Blog has a fine summary of a recent case from the Third Circuit that provides a “textbook example” of how one sets up an impeachment by contradiction and how the . . .

Medicare Subrogation in Wrongful Death Cases

By John Day on Subrogation

From time to time I will see a question posted on the trial lawyers' listserve asking whether Medicare has a subrogation interest in wrongful death proceeds. The answer is "yes," and this opinion helps explain why. Tennessee wrongful death law...

Continue reading "TECH: Computer simulation of Crash of Flight 1549 on the Hudson River reveals value of computer technology in making point in 2 minutes!" »

Monday, February 02, 2009

Solo University is on-line, the price is right, the content useful and available, and local lawyer Finis Price is on the faculty; check it out!

As techology takes hold, more useful and innovative ways are being developed to expand your practice and profession. 

Just as telephones became conference calls, carbon copies became photocopies, and electronic typewriters became television typewriters, etc., the internet is growing and growing.

The internet has blossomed with email, static web pages, information storage of decisions and more, remote access, net meetings, legal publications via blogs, CLE web and telephone conferences.

Now SOLO University is where the solo or "near" solo practitioner can go to school and learn how to do his or her job better learning from those who are specialists in their field.  Pick up tips that are not necessarily available at your father's CLE.

Thus, this post has two points to make. 

First, the announcement that a local Louisville attorney is on the faculty of SOLO University; and second, an explanation of SOLO University (where you can enroll at a bargain price, and attend classes at your convenience and in your own seat at home  or office!).

Per Finis, "Solo Practice University™ is a private, membership-based website. University students can log in to the website and access the course materials whenever they choose. Instructors will upload videos, podcasts, presentations, live lectures and more to their classrooms. Most importantly, students and instructors can interact in a variety of personal and meaningful ways."

  • Finis Price to be Faculty at Solo Practice University

    By Finis Price on social networking

    Finis Finis is proud to announce his placement as a full-faculty member of Solo Practice University (SPU), a revolutionary new web-based educational community that picks up where the legal education of law school left off. SPU offers courses from various progressive lawyers, marketing professionals, technology consultants and legal business consultants on how to plan, build and grow your private practice, differentiate yourself from the competition and attract and engage new clients more easily and many, many other topics which will assist any solo practitioner in their practice.
  • Solo Practice University Explained

    By Finis Price on social networking

    After receiving a number of emails and personal questions regarding Solo Practice University, we are glad to see they have posted a more detailed explanation of what SPU aims to do.  CLICK ON LINK FOR MORE DETAILED INFORMATION AT FINIS' POST.

Wednesday, January 07, 2009

TRIAL TECH: Should you consider going techie at trial?

Here's a general story addressing the pros and cons of going tech at trial.  Click on the link for more.

Should You Employ Technology At Trial?

By Blake Boyd on trial technology


Tuesday, January 06, 2009

TECH: "PDF Redaction Made Easy" or How to Cover that stuff up and hide it real good on PDF Documents

Here is a techno tip for redacting stuff out of your PDF docs (eg., covering it up so noone can peel back the sticky note or put the document up to the light and see what was written/typed underneath it).  Useful in redacting stuff for others, to include attorneys and jurors; not to mention covering up confidential information.  Recent decision by COA regarding inadvertent disclosure of information under HIPAA should remind us all that the information is "personal" (especially to the "person" affected). 

Click HERE and HERE for two Kentucky decisions talking about HIPAA disclosures.  A gentle reminder not to read these cases as minimizing legal exposure as opposed to increasing ethical responsibility and accountability.

Click on the heading for his entire "how to" post.

PDF Redaction Made Easy

By Finis Price on attorney

This article will continue our previous discussion of the digital revolution in the legal environment. Every revolution has hinged on the ability of communications to remain confidential. Imagine how different the Revolutionary War would have been had the British been privy to sensitive information concerning the movement of the colonies’ army. Of course, the solutions to protecting such information have evolved in current times just as methods of warfare have changed with the times, but the main goal of hiding sensitive information remains. In the legal world, this is most often seen in litigation discovery through the redaction of documents.



Sunday, December 28, 2008

All ears, all the time, and all for you. Please share with us and others your news, your videos, etc.

Mr Big ears Just a reminder to all you lawyers out there that if you locate a bit of news or have something to add, then just email me.

If you have a type-ready press release, then just send it to me.  Announce your personnel changes, your awards, your verdicts, etc.  Share with us the videos of any appellate arguments, or anything from a deposition, trial, etc. that you think would be of benefit to others.

We (actually I) can cut and paste it into a post, link to your site, and if there is a video in digital format, then I can convert it to streaming video to share with others.

I am all ears!

Friday, December 26, 2008

INTERNET: Kentucky decision on internet gambling and domain seizures considered flawed in article found at Findlaw

Kentucky courts may have global impact in its decision on internet gambling sites and the state's attempt to seize domain names.  Here is a Findlaw article rather critical of the decision, and you can click on the heading for the entire story and analysis.  Thanks to Lawreader for bringing this decision to our attention.  For other stories by Anita, then Click here.   I guess "flawed" is a kind way of saying "wrong".

ANITA RAMASASTRY

Anita Ramasastry is an associate professor of law and a director of the Shidler Center for Law, Commerce, & Technology at the University of Washington School of Law in Seattle, Washington. Prior to joining the University of Washington faculty, Professor Ramasastry was a staff attorney at the Federal Reserve Bank of New York.

Ramasastry graduated with honors from Harvard Law School and clerked for Justice Alan B. Handler of the New Jersey Supreme Court. She has also practiced law with the international law firm of White & Case in Budapest, Hungary, and served as an assistant professor of law and law reform associate at the Central European University in Budapest, Hungary (founded by financier George Soros). More recently, Ramasastry was a Senior Attorney and Advisor to the Claims Resolution Tribunal for Dormant Accounts in Zurich, Switzerland. Ramasastry's research interests involve law and technology, commercial law, and law and globalization. She is a consultant to the European Bank for Reconstruction and Development as well as the United States Agency for International Development.

Ramasastry writes on law and technology, international law and globalization, civil rights, and civil liberties.



A Kentucky Court Approves the Seizure of Out-of-State Companies’ Domain Names: A Dangerous Precedent that May Chill Free Speech and Impede Global Internet Communications
By ANITA RAMASASTRY FINDLAW
Monday, Dec. 22, 2008

Does a government or court have the right to seize a domain name when a website's activities are illegal where the government or court sits, but legal elsewhere?

This is the question raised in a recent Kentucky dispute over online gambling websites. Online gambling is legal in many places in the world, but illegal in the United States. Thus, the State of Kentucky – in an effort to impede online gaming by state residents – went to court to seize 141 domain names as a means of shutting down many popular online casinos. All of the domain-name owners likely reside out-of-state.

In October, Kentucky Judge Thomas Wingate held that Kentucky's seizure was lawful on the ground that the domain names were illegal "gambling devices" subject to Kentucky's anti-gambling laws. He reached that conclusion first ex parte (that is, without the presence of the site operators' attorneys) and then after a hearing. Judge Wingate thus ordered various domain name registrars to transfer ownership of the 141 domain names to Kentucky officials – which will effectively shut down the websites, or at least deny potential users access to those sites via their popular domain names. To reach the conclusion that Kentucky had the power to seize the domain names, the judge had to make several logical leaps – such as finding that the domain names were intangible property located in Kentucky.

Just last week, three judges on the Kentucky Court of Appeals heard oral argument in the case, which has the Internet world spinning. In the interim, the Court of Appeals has stayed the order, so the domain names will not be transferred to the State until and unless the Court of Appeals rules in the State's favor. The primary basis of the appeal is that the attempted seizure violates the U.S. Constitution and Supreme Court precedent, including the First Amendment, and the principle that States cannot interfere with commerce that is national or global.

In this column, I will discuss the lower court's ruling and why it is flawed.

click on above heading for her analysis.

Monday, November 17, 2008

TECH: To Blawg or Not; Interesting Question

A recent comic strip in "Pearls Before Swine" by Steve Pastis, made me rethink the "blog/blawging" issue.

Picture_8










If you are thinking of blogging for law, then you might rethink your reasons.

Fun?  Have at it.  It's all about you and keep it enjoyable.

Regular postings?  Essential for committed readership and feedback. And thus a potential "black hole" for time.

Marketing your professional standing in the legal community?  Then think carefully about your content and don't post posts with cartoons like this.

Advertising?  Read the advertising rules carefully.  Now, you are treading close to your law license.

Profit?  If financial profit, then think again as it looks like this little piggy from the cartoon won't be going to the money market and somebody else may be bringing home the bacon.

 

Thursday, November 13, 2008

TECH: Is it time to "move on up to the tech side" for your presentations? You betcha.

Picture_9_2 Technology and trial.  To do or not to do that is the question.

However, the decision NOT to do is often made for the wrong reasons.

First, the use of technology is not limited to trials, but can be used as part of a settlement demand and during settlement negotiations and mediation presentations.  Thus a rejection of tech should not be made by simply limiting its avenues of attack.

Second, you are not alone in not wanting to leave your comfort zone.  Get used to it - get used to making the change and making the changes.   You left home for kindergarten, and your world continued.  The bagged lunch from home was fine; but those naps and chocolate milk breaks and snacks rocked!  Then, those funny little colored cylinders of wax with paper on them became kaleidoscopes of color and conduits of creativity. And for the next 12 years, leaving home for school revealed limitless possibilities.   Ditto for tech.   Do you wish to color inside or outside of the lines?

Third, if time is money, then economies of scale and increased efficiencies that compress the time to present a case to an adjuster, mediator, or jury is money in the bank.  If the numbers on the table increase, then it just gets better and better.

Fourth, "I'm too old, too tired, too set in my ways, don't have the equipment, don't have the right case, don't need it, don't believe it will work, yadayadayada...." are not good reasons for NOT at least considering technology as option for supplementing your spiels. 

Oh, did I say you were not alone?  Well, you are not.   You are not alone in your apprehension to upgrade your media-tech solutions beyond hard copies of pictures, blackboards, and butcher block.  More importantly, you are not alone in getting help!

Lawyers are more than willing to share their new "toys" and how they "play" with them, but if you wish to conduct your avenues of attack from the privacy of your bunker, then check out the pros who can add prose and polish to the presentation.

Learning Powerpoint (windows) and Keynotes (apple) are the usual programs for presentation.  Between the two, Keynotes seems to be the more powerful and the more adaptable.  In fact, my very reason for jumping ship after nearly 25 years of "windows world" was that a Keynotes demo knocked my socks off in impact and ease of use which made this Mike Daddy a "mac daddy".  But, Apple world is another tech story for another time. 

Crawl before you walk.  For your next mediation, consider a "slide show" incorporating the following into your talk to the mediator with the adjuster and client present:

  • talking points text,
  • pictures (scene, injuries, vehicles, items of evidence),
  • client videos (from depositions or even an office conversation on your home movie cam which works nicely),
  • documents (medical records, police report, expert reports, and extracts from any and all)

You would be surprised how easy and cheap this can be.  Plus hiring a pro to do a presentation will teach you the ebb and flow for future work and might even encourage you to learn the stuff yourself to give you total control.  Plus, organizing the presentation will organize your thoughts.

Picture_7_2 For those in Kentucky, is an excellent alternative and comes highly recommended by this writer.  If you haven't a clue where to start, then the folks at TechnoEsq TechnoEsq Presentations  who are both legally and techno proficient will take you through the steps of coralling your materials and placing them on a pleasing backdrop.  Arrangements can also be made to use their laptop, their person to present the show, their projector and more.   Click on their site at TechnoEsq Presentations for a taste of what is offered.

Your needs and desires dictate what TechnoEsq Presentations or any other media/digital/computer assistant or consultant can or should do for you; and more importantly note that TechnoEsq Presentations does not follow cookie cutter content and usually tailor something in the presentation for the firm and the facts.  Yes, there is a commonality in all communications, but the bells and whistles to give it impact vary with the case and its needs.

You might find the first time that you are more comfortable meeting with them, showing them the file, listening to their suggestions, and allowing them to scan the materials as you outline the approach and content.  More importantly, contacting a Techno Presentations professional EARLY will permit you time to develop other materials, such as life care and income plans, after the accident pictures or videos, timelines, xrays/mris/ct scans, videos of people and places, to be added to the mix.

Although tech should not be used without a reason, it should also not be rejected for no reason either.  Hiring a professional to assist should not be delayed until you can justify it on that "big" case, but a trial run on a more economical and manageable scale before the need arises in that "big" case is beneficial for familiarity to the tools but also the process.

More importantly, once familiar with tools, you might find it palatable and possible to do your own presentations for the simpler cases. 

More to follow later!

NOTE:  The pic at the top is from the 1984 Superbowl commercial announcing the then new Apple Macintosh.