From Findlaw: “E-Discovery in 2010 – It Doesn’t Have to Be Perfect”

Book learning

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By Stacy Jackson (Findlaw.com) for Complete Article CLICK HERE.

The advent of e-discovery has given birth to a new field of ancillary litigation — discovery about discovery. Parties are busy looking for what’s missing, in the hopes of making their opponent “the spoliator”. You see, once you label the opposing party as “the spoliator” the riches can be many – including an adverse inference jury instruction and cold, hard cash in the form of sanction.

So, it’s a good thing that this years’ overarching e-discovery theme is “perfection” – more accurately, a lack of perfection. It’s all right that your preservation, collection and production efforts aren’t perfect – as long as they are reasonable and performed in good faith. Consider the two most prominent cases of 2010 – Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Sec., LLC , 685 F. Supp. 2d 456 (S.D.N.Y. 2010) and 269 F.R.D. 497 (D. Md. pt. 9, 2010) .

Perfection is not expected, but you cannot conduct discovery in an “ignorant and indifferent fashion.”

About the Author of the Original Article on Findlaw.com

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Right to an Attorney…or an Attorney with an iPad?

iPad con dock y teclado inalámbrico

Image via Wikipedia

From the American Bar Association Tech Site {Author Unknown}:

Whenever I think about new technology in the courtroom, I always wonder what that technology would have been like in a famous trial.  When I think of famous trials, I always think of the Clarence Gideon trial (Gideon v. Wainwright (1963) 372, which expanded our Constitutional right to an attorney in a criminal matter.  What if Mr. Gideon’s attorney, Fred Turner, had an iPad?!  It’s a bit odd to think about, especially since most of the TV world was still black and white in 1963, but in the year 2011, it is a reality.

I just finished reviewing some of the latest and greatest trial presentation tools, and I have to admit that after a few years of things being a bit stagnant, I am excited about what is hitting the legal market this year.

The first thing that I am impressed with is Sanction and Trial Director, the two competing giants in the trial presentation world.  For a decade now, these two have gone toe to toe in this market.  You have to love competition!  If it weren’t for these two products, technology in the courtroom would be years behind what it is.  The new interface and presentation effects are fantastic.

The second area that I am impressed with is the rapid emergence of tablet computing, which is a very hot topic at ABA TECHSHOW this year.

Somewhat to my surprise, tablet/mobile computing has surfaced in the trial presentation world.  That’s right, … there is an App for nearly everything, including one for trial presentation.  It is called TrialPad.  Being a bit of a trial presentation snob, I admittedly was skeptical about this.  However, after trying it out, I found it to be pretty good.  TrialPad imports PDFs from a folder structure stored in Dropbox.  This allows you to organize exhibits on your computer and import multiple files into TrialPad, keeping the folder structure intact.  Files can also be imported from email, GoodReader, and obviously iTunes. Using a VGA adapter that I bought at the local Apple store, I was able to hook up my iPad to a projector and display documents.  I did experience a little quirkiness with the video from time to time, but nothing I couldn’t navigate through.  Cons:  (1) no video support yet and (2) knowing there are many flavors of PDFs (not all PDFs are created equal), I would be sure to give it a good test with exhibits ahead of time.

In conclusion, while the iPad wasn’t really designed for this type of application, that can be said about many technologies and developments.  The reality is that the iPad can be used for small hearings and cases, and at a minimum, TrialPad and the iPad could be used as a “paperless file” for the countless pre-trial and motion hearings that we have day in and day out … unlike all the trials that settle or get continued.

ABA Releases Results of Legal Technology Survey

Image representing iPhone as depicted in Crunc...

Image via CrunchBase

By Jason Beahm (Findlaw.com)  on October  6, 2010  5:57 AM|

A new report demonstrates that attorneys are increasingly making use of technology. According to the 2010 American Bar Association Legal Technology Survey Report, attorneys are increasingly using Web 2.0 and other technologies in their practice. Attorney’s use of social networking and smart phones both grew by double-digit percentages.

The ABA survey is a project of the ABA Legal Technology Resource Center, which provides the legal community with news and information on technology and its use by attorneys. The Legal Technology Resource Center writes about technology and provides continuing legal education on practice management through the use of improved technology. The survey provides over 500 pages of detailed statistics and trend analysis on the use of technology in the practice of law. Over 5,000 ABA members were surveyed as part of the project. The Legal Technology Survey Report comes in six volumes, Technology Basics, Law Office Technology, Litigation and Courtroom Technology, Web and Communication Technology, Online Research, and Mobile Lawyers.

The report is worth taking the time to read at your leisure. In the meantime, here are a few highlights:

  • 71 percent of attorneys are using smart phones in the courtroom, up from 60 percent in the 2009 survey. 64 percent of respondents use smart phones in court to check for new e-mail, 60 percent send e-mail and 46 percent perform calendaring functions.
  • 56 percent of those surveyed maintain an online presence on a site like Facebook or LinkedIn, up from 43 percent in 2009 and 15 percent in 2008.
  • 10 percent of those surveyed have landed a client through the use of online communities or social networks.
  • 76 percent of respondents use smart phones, up from 64 percent in 2009.
  • The most popular brands of smart phones among attorneys were BlackBerry (66%), iPhone (20%) and Palm (9%).
  • 14 percent of respondents have a virtual law practice.

The Argument for Android (From CNet.com’s Jeff Pugh)

Google Android

Image by Scarygami via Flickr

Jeff Pugh, CNet.com

I admit the iPhone is a great looking device and has its advantages. The sleek, sexy curves and bright retina display are like shiny lures that attract fish. Android phones, depending on which one you have, vary in size, shape and weight. One Android phone isn’t like the others. Maybe that is what makes this a fun and often-changing debate.

Much to the chagrin of my wife, I spend a lot of time on my phone. Judging from my data plan usage, I’m labeled a power user. But to me, aside from every bell and whistle associated with mobile devices, my most important feature to consider in connectivity. Maybe this debate boils down to which network or carrier you choose and not which phone is absolutely best. Android phones are on every network whereas the iPhone is only on AT&T and now Verizon.

Click here for the rest of the article.

Where Google Is or Should Be ?

Here’s an article by CNet with observations about what should be focused on by Google in the coming months and year. You can click on the image below for the article and another interesting article can be found on InformationWeek.com.  You might also want to check out the Tope Ten Google Stories of 2010.

Google.com

The Clouds are Forming: The Legal Cloud Computing Association Announces its Formation and Web Presence

(12/16/2010)  Recognized leaders in legal cloud computing announced today the formation of the Legal Cloud Computing Association (LCCA), an organization whose purpose is to facilitate the rapid adoption of cloud computing technology within the legal profession, consistent with the highest standards of professionalism and ethical compliance.

The organization’s goal is to promote standards for cloud computing that are responsive to the needs of the legal profession and to enable lawyers to become aware of the benefits of computing technology through the development and distribution of education and informational resources.

The LCCA also announced the publication of its response to the ABA Commission on Ethics 20/20 Working Group with respect to the Commission’s September 10, 2010 call for comments on Client Confidentiality and the Use of Technology.

The group, consisting of Clio (Themis Solutions Inc.), DirectLaw, Inc., Rocket Matter, LLC and Total Attorneys, LLC, will cooperate with Bar Associations and other policy-forming bodies to release guidelines, standards, “best practices“, and educational resources relating to the use of cloud computing in the legal profession.

An informational website for the group: http://www.legalcloudcomputingassociation.org

You can see the rest of their press release at: http://www.legalcloudcomputingassociation.org/Home/industry-leaders-join-to-form-legal-cloud-computing-association

Of additional note is their response to the call for comments on client confidentiality and cloud computing in the legal profession: See, www.legalcloudcomputingassociation.org/Home/aba-ethics-20-20-response

My comments:

I think that the formation of a legal cloud computing association is not only timely, but incredibly necessary.  All too often, the everyday practitioner ends up behind the ethics of a given technology and today’s way of practicing law requires vigilance in keeping up to date on the various developments in tech.

While its is often easy to employ a new technology, it does not mean that any given state bar association will understand it or make room for use of the new tech.  This unavoidable gap in communications is readily evident in recent legal treatises on the issues.  It simply may be that tech is moving so fast that there is no practical way for state bar associations to keep up with the developments.  If this is the case, then any problems arising are something that can only be prevented by realtime communication between the tech-movers and the various bar associations.  It is critically important that “cloud lawyers” have a voice in the state bar associations as well as within the tech community.

Having a voice in the tech community means that we will have ever-improving tools for our profession, movement toward an environmentally friendly practice, and better ways of enjoying solo practice.  It also probably goes without saying that we also need to maintain our competitive edge on each other and for the benefit of the clients we advocate for.

Much thanks to the LCCA for starting this up and I wish them the absolute best coming into 2011 and beyond.

What Tech to Expect from 2011

PCWorld Screenshot

Well, here is PC World‘s view of what we can expect from 2011. Most of it will likely be an expansion of the tech we have seen come out over the last 2-3 years. Refinements and better user interfaces seem to be the call of the day. Nothing too exciting, but certainly worth a look if you are shopping and deciding whether or not to hold off any particular product.

Windows 8, a white iPhone, new tablets, new apps, and a variety of Android phones are discussed in the PC World 2011 tech guide.  Of the 32 items mentioned, the Notion Ink Adam looks interesting from a design perspective and Google’s Chrome OS are what I am looking forward to reviewing and telling you about along with all of the other tools made available to us in the legal field.

You might also want to check out the Consumer Electronics Show 2011 preview as well.  Just click below.

PC World CES Pic