With this handy illustration, you will be able to more-easily explain hearsay to non-lawyers. You are welcome! from Reddit: http://www.reddit.com/r/law/comments/181jwg/ohh_yeah_that_perfectly_explains_hearsay/
Ethics and the Cloud, State-by-State
http://lawyerist.com/ethics-and-the-cloud-state-by-state/
Want to know what your state thinks about cloud computing? Thanks to Nicole Black’s post in the LAB, here is the ABA’s handy reference chart so you can see what your state’s ethics board thinks about cloud computing.
Currently, by the way, lawyers in all 50 states may use the cloud. Ethics boards in 13 states seem to have specifically considered the issue, and all say it’s fine to use the cloud as long as you use “reasonable care” in selecting services — as with pretty much everything else on the business end of law practice.
I don’t really know why lawyers are so freaked out about the cloud. Everyone seems to assume there must be some big ethics issues with using cloud software, even if the security of any reputable cloud-based software is light-years ahead of the security most solo and small firms are capable of.
Smart Firms Cultivate Their Legal-Writing Talent
http://lawyerist.com/cultivating-legal-writing-talent/
I write this column on legal writing primarily for law students and new associates whose legal writing hasn’t been disfigured by years of indulging a that’s-the-way-I’ve-always-done-it-so-it-must-be-right attitude.
But new associates can’t consistently improve their writing by merely internalizing legal-writing tips from legal websites. Law firms must play a role too, by giving their associates the training and opportunities to improve their writing.
Parker 5th Technology Pens Review
http://lawyerist.com/parker-5th-technology-pens-review/
I first spotted the Parker pens based on its “5th technology” on Amazon about a year ago, but only just managed to get my hands on one (two, actually), to review. According to Parker’s head of R&D, “the Parker 5th technology … offers a genuine fifth way of writing” as opposed to a fountain pen, ballpoint, roller ball, or mechanical pencil. You’ll notice he left out felt-tipped pens. More on that later.
The Parker 5th technology is considerably more elegant — and better-writing — than a ballpoint, and considerably more convenient than a fountain pen. Is it the perfect blend of elegance and convenience? Yes and no.
Career Change and Money
http://lawyerist.com/career-change-and-money/
Whenever attorneys consider any type of career change, whether minor or major, the issue of money inevitably comes up. That’s hardly surprising. Often, the changes being contemplated require some sort of financial sacrifice, at least in the short term. Some require short-term and long-term sacrifice.
For purposes of this post, I consider a career change to mean, among other things, a modification of a practice area, switching work environments, going solo, or even getting out of law.
I think it's been long enough since anyone posted this to Facebook. I had reason to look it up this morning, which made me realize that this is how I feel when I sit down at my computer to blog every day.
Dell XPS 14 Ultrabook Sorta-Review
http://lawyerist.com/dell-xps-14-ultrabook-sorta-review/
Like the XPS 13 that I loved, the Dell XPS 14 has good looks, a great keyboard, and good battery life. But it’s no ultrabook, whatever the marketing materials may say. It may satisfy the technical requirements, but it violates the spirit of the classification. It may look like an ultrabook, but it weighs nearly as much as two ultrabooks, and it’s sporting a regular old hard disk, instead of a solid-state drive.
Richard Susskind’s #LVI2012 Keynote: Liberating the Law Yet Further
http://lawyerist.com/richard-susskinds-lvi2012-keynote-liberating-the-law-yet-further/
Susskind organized his keynote around two concepts he believes will lower the cost of legal services and increase access to justice: the commoditization of legal services and the development of disruptive technologies. The public wants free services, he says, and clients want cheaper services.
I find it difficult to rebut these presumptions, but I think Susskind skips happily over a number of problems as if they were mere speed bumps on the way to a future filled with AI lawyer software constructs.
I find it difficult to rebut these presumptions, but I think Susskind skips happily over a number of problems as if they were mere speed bumps on the way to a future filled with AI lawyer software construct(If you want to see Susskind’s presentation, you can
Focus on the User (Part 1)
http://lawyerist.com/focus-on-the-user-part-1/
Do you care about what people find when they search for you, and lawyers like you, online?
Is your blog or website losing traffic? Then you should care about Google’s Quality Guidelines.
Google has recently updated their Webmaster Quality Guidelines and their rich snippets guidelines.
And while they’ve added more information, tips, warnings and instructions, their core message is the same: Focus on the user.
But what does focusing on the user really mean?
Clay Shirky, LVI 2012 Featured Speaker
http://lawyerist.com/clay-shirky-lvi-2012-featured-speaker/
Clay Shirky will deliver the Tuesday keynote at the 2012 Law Via the Internet Conference (which you can watch live here). Which is a little odd, really. Shirky is not a lawyer. Wikipedia calls him “an American writer, consultant and teacher on the social and economic effects of Internet technologies.” Mostly, he writes and talks about social media.
So what is he doing at a conference about law?
Samsung Requests New Trial Based on Jury Foreman’s Post-Trial Statements
http://lawyerist.com/samsung-requests-new-trial-based-on-jury-foremans-post-trial-statements/
In documents filed with the court on Tuesday, Samsung has requested Judgment as a Matter of Law and/or a new trial in the Apple v. Samsung case that recently made headlines for the jury’s award of $1.05 billion to Apple for patent infringement.
TruGlide Tablet Styli Review
http://lawyerist.com/truglide-tablet-styli-review/
The steel-wool-like nibs of the TruGlide styli (the manufacturer calls it conductive microfiber) glide across a tablet’s screen with almost no resistance, and the manufacturer claims they will last 10 times as long as a rubber nib.
There are three styles, the basic, mini, and Duo, a combo pen and stylus.
What’s Happening in the Lawyerist LAB (October 4, 2012)
http://lawyerist.com/whats-happening-in-the-lawyerist-lab-october-4-2012/
Book Review: The Cybersleuth’s Guide to the Internet (12th Edition)
http://lawyerist.com/book-review-the-cybersleuths-guide-to-the-internet-12th-edition/
The Internet has revolutionized the way that we obtain information. With just the click of a button, we now have ability research just about any topic we can dream up. Of course, the trick is to be able to quickly and efficiently locate relevant data. And, that’s where the “Cybersleuth’s Guide to the Internet,” written by Carole Levitt, a lawyer and law librarian, and Mark E. Rosch, long time legal technology author and speaker, comes in.
I was recently provided with a review copy of this book and expected that, given my familiarity with online tools, much of what this book had to offer would be old news to me.
Well, let me tell you: I was wrong. In nearly every chapter I discovered at least a few new tricks, and by the time I had finished the book, I had learned a wide array of new and practical tips that I would have otherwise never known about.
Review: Smart Schedules for Microsoft Outlook
http://lawyerist.com/review-smart-schedules-microsoft-outlook/
Picture this: you’ve got a trial set next January. And littering your calendar between now and then is a ton of deadlines, all of them triggered by that trial date. Dispositive motions. Discovery cutoffs. Pretrial conference.
Then the trial gets continued.
If you’re using Microsoft Outlook as delivered, you’ve really got no choice but to go through your calendar, find each deadline, and re-schedule it relative to the new trial date. (Maybe you’ve been proactive and assigned the case its own Category, making this task easier. Or, maybe not.)
Or, you can extend Outlook with a plugin that will shift all those Tasks and Appointments automatically when you move that trial date.
How To Get Bad Facts Past the Ninth Circuit
http://lawyerist.com/how-to-get-bad-facts-past-the-ninth-circuit/
Another angle on Judge Kozinski’s aversion to block quotes:
"2) Question: I have an appeal that will likely be heard by Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. We have some bad facts in our case. How can I best downplay this information?
Answer: Just put your bad facts in block quotes in your appellate brief. Judge Kozinski does not read block quotes."
Football and Teaching Law to Your Clients
http://lawyerist.com/football-and-teaching-law-to-your-clients/
Are you a football fan?
One fun part of lawyering is figuring out creative ways to explain legal concepts. And football can help.
Many people think that the law and “real life” rarely intersect, and that the law only affects them when they get charged with a crime, or get divorced, or get sued, which is why they get in touch with you. In fact, everybody lives the law every day. Often, current events create very helpful analogies that can help you explain the law to your clients. One “teachable moment” popped up a few Mondays ago at the end of a football game.
Lawyer Censured for Photographing Opposing Party’s Documents
http://lawyerist.com/lawyer-censured-for-photographing-opposing-partys-documents/
In another instance of attorney behavior run amok, we have a significant ethics violation from an attorney who photographed his opposing counsel’s private documents in court. Terence Kindlon is a well-known criminal defense attorney in Albany, New York. He is also apparently an international man of mystery who thought it would be okay to photograph opposing counsel’s documents in the courtroom. With the prevalence of camera phones, it is kind of surprising we don’t hear of more of these occurrences. Unfortunately for Kindlon, he was caught, resulting in formal and public discipline.
iPhone 5 My Reviews
http://lawyerist.com/iphone-5-review/
The new iPhone 5 is remarkably light, with a gorgeous display and blazing speed. Those are the first things I noticed in the order I noticed them when I pulled my new iPhone out of its box. The lasting impression is equally positive; the iPhone 5 is not 100% good stuff, but it is a fantastic smartphone overall, and there is little about it to complain about.
The real question is whether, if you are looking for a smartphone, is this the one to get?
I’ll talk about the iPhone 5′s new features, discuss the things that distinguish it from the competition, and try to answer that question.
Don’t Waste Your Time Writing Law-Review Articles
http://lawyerist.com/dont-waste-your-time-writing-law-review-articles/
"[T]he strait-jacket of law review style has killed what might have been lively literature. It has maimed even those few pieces of legal writing that actually have something to say."
Professor Fred Rodell, Yale Law School, Goodbye to Law Reviews, 23 Virginia Law Review 38 (1936)
If it wasn’t true when Professor Rodell wrote this passage in 1936, it’s surely true today: The influence of law reviews on the legal profession long ago reached its zenith, and has declined into practical insignificance.
But there are better reasons why practicing attorneys shouldn’t waste their time writing law-review articles. Let me explain.
Use Blockquotes When You Have a Point You Don’t Want to Make
http://lawyerist.com/use-blockquotes-when-you-have-a-point-you-dont-want-to-make/
You know what? I don’t read block quotes. I skip over them. To me, it’s yada yada yada yada. If there’s something good in there, I expect the lawyer to tell me what it is. So the bigger the block quote, the less I’m likely to find what you’re looking for.
…
You know what happens when I’ve got yabba yabba yabba yabba … my mind goes and I now start think about something else. I start thinking about another case, or probably I start thinking about my gardening. Or my chickens. You know, I have chickens. Or I’m saying ooh, I’m going to be going snowboarding in a couple of weeks ….
Success Takes Time: Lessons from a Fit Lawyer
http://lawyerist.com/success-takes-time/
Vic Magary taught karate, fought for his country, authored multiple fitness guides, helped countless clients meet their fitness goals, and still had time to get a law degree. Now Vic runs a solo practice in Ohio while counseling fitness clients online and taking care of his dog Coda. I knew of Vic from some of his fitness work, but when I found out he was a lawyer practicing less than an hour from me it seemed silly not to meet up. I spent an hour picking Vic’s brain and learning (once again) that nothing is achievable overnight, and progress is rarely a straight line.
The United States Supreme Court begins its new term today by hearing arguments in Klobel, Esther, et al. v. Royal Dutch Petroleum, et al. (10-1491) (regarding corporate tort liability for violations of the law of nations) and Lozman, Fane v. Riviera Beach, FL (11-626) (regarding whether moored floating structures constitute “vessels”). But the real meat of the term is in the upcoming months.
Client Service: Are Your Clients Really Satisfied?
http://lawyerist.com/client-service-are-your-clients-really-satisfied/
If you are like many lawyers, you assume your clients are satisfied. Oftentimes, three reasons support their assumption. Their clients don’t complain, they pay, and they come back. Each of these answers seems reasonable as an indication of client satisfaction. In reality, however, they provide little support.
What’s Happening in the LAB (September 20, 2012)
http://lawyerist.com/whats-happening-in-the-lab-giveaway-ends-oct-1st-september-20-2012/
Giveaway ends October 1st
To win a free iPad keyboard case, visit the giveaway thread. The giveaway ends on Monday!
