Category Archives: Education

California Lawyer, Education, Law, Law Practice Management, Management

Some Solo Summit Summaries

MP900439267As I mentioned yesterday, I'd intended to write this post earlier in the week.  The Solo Summit ended this past Saturday and I wouldn't want the information to become stale; but this isn't that kind of post.  Yes, I'll tell you all about the Summit, but your takeaway should be that, if you're a solo or true small firm in California, you really should consider attending next year's Summit.  Since it began in 2009, its been growing every year – and for good reason.

Here's a sample of the education you had to choose from:  Marketing your practice, balancing your personal/professional life, avoiding discipline, mediation, setting up a litigation war room, health care, the iPad in law practice, human resources and risk management, fee arbitration, free legal resources for lawyers, emerging practice areas, client trust accounts, employment, privacy, confidentiality & security (my presentation), elimination of bias, estate planning, bankruptcy, avoiding malpractice, eDiscovery, tax, appellate practice, family law, expedited jury trials, time management and IP.

There was CLE credit available in all specialty areas.  That's a lot of bang for the buck!  Naturally, as the incoming Chair of LPMT, I was curious what attendees thought of the programs.  I have to say that virtually all of the feedback was positive.

And my program?  The room was completely full (I estimated about 75 people) and again, feedback was extremely positive (as usual, I didn't finish).  In fact, I can't recall a presentation I've done that resulted in as much follow-up by attendees as this one.  I'm not sure if it was due to the material or the type of conference.  But, I did receive many questions about cloud security and was pleased to inform those people that I – along with my LPMT colleague, Donna Seyle – will be presenting on that very subject at the State Bar's Annual Meeting in October; and it'll be 90 minutes.  Maybe we'll actually get through our entire program!

So, why do I highly recommend the Solo Summit?  We estimated attendance at about 285, and a prime benefit was the relative intimacy of the conference that allowed people to mingle and meet at breakfast & lunch (which were provided), during breaks and of course, in the evenings.  As much as I enjoy the annual meeting, it's much larger and those types of impromptu conversations are much more difficult to achieve because you're always on your way…somewhere.

What would I do differently?  Move the coffee bar next to the stage.  That way, people would never leave…

Books & eBooks, California Lawyer, eDiscovery California, Education, Law Practice Management, Security

e-Discovery California: Upcoming Presentation: CalBar Solo Summit

00443095

Just a reminder that Friday, June 22nd, 2012 from 9:45 – 10:45 am, I'll be presenting Program 16: They See You When You're Sleeping: Attorney Privacy Confidentiality & Security for one hour of specialty ethics MCLE credit at the State Bar of California Solo & Small Firm Summit, which is being held this year at the Renaissance Hotel in Long Beach.  Here's a brief synopsis:

A preview of the soon-to-be-published book, “Growing and Maintaining Your Law Office”. Attendees will learn about ethical obligations to protect attorney-client privacy, confidentiality and security — both personally and via the smart-phones, computers & software they use daily.

I look forward to seeing you there!

California Lawyer, Duties, eDiscovery California, Education, Implementation, Law Practice Management, Media, Strategy, Technology

eDiscovery California: Formal Opinion Interim No. 10-0001 (Social Networking) Raises an ‘Adject’ Issue

MP900442339First, my disclaimer:  This is a State Bar of California Opinion – and I'm Vice-Chair of their Law Practice Management & Technology Section Executive Committee (LPMT).  I want to remind you, "This blog site is published by and reflects the personal views of Perry L. Segal, in his individual capacity.  Any views expressed herein have not been adopted by the State Bar of California's Board of Trustees or overall membership, nor are they to be construed as representing the position of the State Bar of California."

The last time I analyzed one of these, it pertained to VLOs.  I found that Opinion much more difficult to address.  Formal Opinion Interim No. 10-0001 (Social Networking) is easier in some respects, because its main purpose is to apply current California rules (specifically, Rules of Professional Conduct:  Rule 1-400 Advertising and Solicitation and sections of the Business and Professions Code) to what it refers to as, "social media websites".  That's where the trouble begins; with the adjective.  We'll get to that in a moment.

There's no reason for me to do a dissertation on 1-400.  California attorneys should already be familiar with this Rule (or they can look it up, above).  Suffice it to say, for our purposes, this can be like Jeopardy, because we need ask ourselves two questions:

  1. What is a communication?
  2. If a posting is determined to be a communication, is it an advertisement or solicitation?

The only major problem I have with the document is Footnote Two on Page One (link opens the 6-page PDF).  It attempts to describe Facebook "friending" as an example of what it considers a "controlled" group.  It doesn't seem to take into account that, like Twitter, et al, your control group can republish your post (e.g. Re-tweeting).  My view?  Continue to treat your posts as if they're visible to the entire world!

Page Five reminds us of Rule 1-400(F):  "…the Committee notes that a true and correct copy of any “communication” must be retained by Attorney for two years. Rule 1-400(F) expressly extends this requirement to communications made by “electronic media.” If Attorney discovers that a social media website does not archive postings automatically, then Attorney will need to employ a manual method of preservation, such as printing or saving a copy of the screen."  [italics added]

Gulp!  How many of you remembered that part of the Rule?

Concluding, the Opinion has an adject(ive) issue.  It refers to "social media websites", but it also refers (as it should, in my opinion) to general attorney websites.  If I were to make one glaring modification to this document, it would be to find the phrase, "social media website(s)" wherever it appears, and replace it with, simply, "websites".

The qualifier serves no purpose.

By the way, if you'd like to comment on the Opinion, the 90-day period is open through 5pm, July 2nd, 2012.

eDiscovery 101, eDiscovery California, Education, Law, Law Practice Management, Technology

How I Spent My Day at LegalTech West Coast

MP900309173Have I ever gotten a LegalTech summary posted quickly?  I don't think so.  It seems like every year, the conference falls on a busy week for me.  No exception this year; in fact, regretfully, I was only able to stay for the first day.

As always, I want to inform you that I attended as a guest of the provider, ALM.  However, nobody at ALM ever attempts to influence what I write about the conference and as you know by now (hopefully), I write what I see.  So, without further delay, here goes…

Usually, I find that the day starts out strong and ends more weakly.  You get tired drinking in all of that info, especially now that the format has changed slightly to less sessions of 90 minutes each.  This year, the converse was true.  The day seemed to start out a bit quite, but by the end of the day, there was a very noticeable pick-up in both energy and attendance.

Scheduling is still the biggest problem; the more events you attend, the more people you know, which is both a positive and a negative:

Positive:  You have a lot more to do and will end up attending more events.

Negative:  You stop every ten feet to chat with all of the people you know and end up arriving late to every session.

I started with the keynote, presented by Kevin Genirs, Global General Counsel, Investment Banking, Barclays & Former General Counsel, Investment Banking, Lehman Brothers.  The topic was, "2008 vs. 2012: Lessons from Lehman Brothers".  From an informational standpoint, it was excellent.  An insider's view of the Lehman Brothers implosion – how can that not be fascinating?  However, it really didn't have anything to do with "Legal-Tech", so to speak.  To me, that didn't matter, as listening to the information from someone who was on the front lines served to humanize the event.  It's not the same as reading the cold facts in a newspaper or online, or watching them on TV.

As far as session choices, due to having been swamped prior to arriving at the conference, I literally made my choices on the fly.  This became amusing when I attended interesting sessions, only to discover that friends and colleagues were presenting them.

Session one was, "Guarding Against the Enemy Within", which pointed out that you're more likely to experience a security breach from within an organization than from without.  It's funny, because I'm presenting a very similar talk on Friday, June 22nd at the Calbar Solo & Small Firm Summit.  They think the way I do; that people, deliberately or accidentally, are more likely to facilitate a breach than via an outside attack.  The session was high on substantive content and I got a lot out of it.

After the lunch break, I attended, "Dealing with Data Theft".  I don't think I need to elaborate on the subject matter.  As I mentioned, I was pleased to find that a colleague, Wayne Lee from Verizon, was one of the presenters.  Again, a very substantive presentation by this panel.  Along with the presentation, we were also given a copy of Verizon's 2012 Security report.  If you're not familiar with it, you should be.

To finish out the day, I switched tracks and attended, "Exploring Hot E-Discovery Trends: FRCP Amendments, Social Media, and Emerging Case Law".  Again, I was pleased to discover that my colleague, Ron S. Best, was one of the presenters.  I didn't get as much out of the session because, unfortunately, it was geared to a beginner-to-intermediate audience.  That's by no means a bad thing, based on the participation of the attendees – the room was bursting at the seams.  What's gratifying is that each year, the increase in awareness and interest in these fields is palpable.

My biggest regret was that I couldn't stay for day two, but we do what we can, right?  See you there next year!

Education, Security, Technology, Tips & Tricks

Tips & Tricks: My Phone Explorer for Android

MyPhoneExplorerImg_75

One would think it easy to find snapshot apps for Android smartphones.  And it is; if your phone is rooted.  As someone who obviously loves to tinker with technology, I would like to play with that, but my phone isn't a toy – it's a tool.  I tried a lot of stuff and was resigned to the fact that there simply wasn't a good app for this purpose.  That is, until I came across My Phone Explorer from FJ Software Development.

This product does much more than create excellent images.  It's a complete syncing and management suite that's very highly rated by its customers.  However, the only module I use is the "Phone Keypad", which created the images for my prior tutorial as well as the above sample.

There's a desktop component (there I go with the word, 'desktop', again) and an app that's loaded on the smartphone.  Launch the app first, then start the desktop component and you can save your snapshots to the desktop.

Oh, and for those who think I just gave away the company store…that's a simulated image…it ain't my phone configuration!  But, it does raise a good point.  If you're going to share images with others, take a moment to ensure that nothing in the image has the potential to violate you, your family's – or your employer's – security and privacy.

Backup & Recovery Systems, Cost, Education, eMail, Implementation, Security, Technology

Leveraging ActiveSync to Emulate MS Exchange, Part II – Sync Devices

Ok…so you've spent the weekend dutifully configuring your primary database and cloud configuration a la Part I, eagerly (at least, that's what I tell myself…) anticipating Part II; my instructions on how to synchronize your email, calendar & contacts with virtually all of your secondary devices.

The cool thing is, virtually any default or add-on app that supports Microsoft ActiveSync will work with this process.  For example, if you have an Android smartphone or tablet, you can configure Corporate Sync to use the default modules that came stock with your device – at no cost.  Or, since this process sits on a Hotmail backbone, you can use Microsoft's own Hotmail App. 

But, for a lot of us, we want robust functionality on our mobile devices.  After all, many of us spend more time using those products than our traditional desktop devices (pretty soon, the term 'desktop' won't even be accurate, anymore).  If, like me, you're one of those people, you may want to invest in apps geared to the power-user, such as Touchdown.

However, keep in mind; this is a Microsoft backbone, but it's a free backbone.  Regardless of whether the apps support ActiveSync, their technical support will not be obligated to assist you with the configuration because their products are meant to support true Exchange ActiveSync.  If you experience difficulty, you'll have to throw yourself on the mercy of the particular provider, or hit the support forums.

Basic configuration is actually fairly easy.  Let's take a look at a portion of the default Android Corporate Sync configuration screen:

Droid Corp Sync_75

You have the option of selecting your three sync modules separately.  This is helpful because, for example, I didn't want to use the default settings except to maintain a default copy of my contacts (which is enabled, above).  Then, you simply input your display email address and point to the Hotmail server.  As mentioned in Part I, always make sure you have SSL enabled.  Last (not visible here), input your Hotmail Login ID and password.  That's it!

Now, if you've decided to go the power-route, here's an example of the more robust configuration options available to you in Touchdown:

TD Account AS_75

As you can see, here you must specify ActiveSync, rather than Exchange.  Also, it assumes a domain – which you don't have – but it'll still work with your Login ID.  Sometimes, you need to input the backslash in front of the ID in order to correct for the lack of domain, so if it doesn't work the first time, play around with it a little bit.  You also have a choice of more than one 'reply-to' address.

Server configuration is virtually the same as under the default app above, except Touchdown combines all of the modules under a single icon.  Also, see how it confirms Microsoft IIS/6.0.2.5.

TD Connection AS_75

Now, the power user is ready to access the Advanced tab and configure the numerous options available.  Yes, it really is that easy!

So, what have we accomplished?

  • First, we've established a virtual database that can be archived on the fly and/or exported from the cloud at any time; extremely important if there's a server outage,
  • We're using SSL for better security, and of course, encryption options are available to us as well,
  • Any email, calendar entry or contact that is created, added or modified at one source is automatically propagated to all other resources,
  • Calendar invitations are seamlessly integrated,
  • No need to bcc: ourselves on every sent message,
  • Ability to work seamlessly in standalone mode with auto-sync once re-connected.

Dare I say…everything but the kitchen sync!  Yeah, I had to say it…I feel shame…

Backup & Recovery Systems, Cost, Education, eMail, Implementation, Security, Technology

Leveraging ActiveSync to Emulate MS Exchange & Sync Multiple Devices – Part I

MP900448358In order to make great (information) soup, start with the right (data)base.

As promised, this is the first in a short series on how to leverage available software technology to sync Calendar, Contacts, Email and more on virtually all (or most) of your devices.  Now, we all know there are many different ways to accomplish this, however, this is aimed at the individual – or small business or law firm – who can't afford expensive hardware or software, is nervous about the cloud (for good reason) but would like a robust, alternative method to manage their data dependably, automatically and securely.  In other words, they don't want to be up at night worrying about it nor spending the day trying to figure out why it doesn't work!

What do most individuals and businesses in this 24-hour-a-day world want from their technology, anyway?

  • Access to my data 24-hours-a-day! (That was a gimme)
  • Rapid auto-sync (I enter/modify a contact on my smartphone and within five minutes, it propagates to all of my other devices)
  • I reply to an eMail message and it syncs everywhere without having to cc: myself at other locations/accounts (I hear complaints about this all of the time)
  • I receive a calendar appointment and can seamlessly add it to my device's calendar, then it propagates…
  • I generate calendar appointments that others may seamlessly process as well
  • If my server/cloud connectivity is severed, I have access to – and can process – all of my data up to that moment, modify it or generate more, then sync it when connectivity is restored (this is also important while traveling, isn't it?)
  • Ability to mirror/archive/backup the database (if this isn't on your list, it should be)
  • Ability to access the data securely

…and more, of course.  Many products provide some, or all of these features – the problem is, many of them do it in completely different ways, including for each separate function (e.g. calendar or contacts) and don't 'talk' to other devices very well.  The goal is to make the process as seamless as possible.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

I'm hitting for averages here, folks.  There are a lot of Operating Systems and hardware out there.  On PC, we have Windows, MAC, Linux, etc.  With tablets we have MAC, Blackberry, Android, etc.  Smartphones?  Well, there are four primaries; iPhone, Android, Blackberry & Windows.

We know that most PCs are Windows-based (no knock against Macs, it's just the way it is) and the majority of businesses use them.  iPhones and Androids are duking it out, with Blackberries still in the hunt and the new version of Windows phone making a splash.  We also know that a majority use Microsoft Office-based products (even many Mac users).  So, there's no way I'll make everyone happy.

The example I'll use for our purposes is a Windows-based PC, hosting Outlook 2003, 2007 or 2010.  You'll also need a Hotmail/Live Mail cloud component; however, this doesn't mean you'll be changing your existing email setup; you'll be supplementing it.  Last, you'll install the Outlook Hotmail Connector, which allows you to create a virtual database within Outlook.  This will serve as our primary device.  For security, I recommend that it be static, if possible.  Any mobile device, from laptop on down, runs the additional risk of being lost or stolen with your entire database living on it.  Not a pleasant thought.

Is there a method to my madness?  Yes.  The more one can accomplish under a single vendor, the better the results.  In this case, all database components are Microsoft, which makes the process seamless (remember, we're going to be communicating with a lot of devices).  Also, SSL capability was implemented in 2011, meaning your connection to the cloud will be much more secure, whether via Outlook, the Web or your secondary devices.

Once you have your components up & running, you have a choice:

  1. Use Hotmail to "fetch" your emails from your existing database, or,
  2. Forward your emails from your existing database to Hotmail.

Both methods are fine, but I recommend forwarding your emails.  With fetch, Hotmail must make an inquiry and "pull" your messages over.  There will usually be a time delay, which won't be sufficient for those of us who need our messages in real-time.  Forwarding doesn't normally cause a delay; emails are forwarded as they arrive, so this is preferable.  The good news is, you'll have another backup of your messages with your service provider.

As for contacts and calendar, you'll want to import them into your Outlook database as well.  Once completed, you can customize your settings in the cloud.  I recommend disabling as many 'bloatware' features as possible.  After all, you're looking to create a slick, business-like database.  What you do want to enable is your SSL functionality.  One way to verify this is to make sure you may only access it online via https://.  If it works via http://, your security isn't properly configured.

I know this is a lot of detail, but if you're willing to take some time and make the effort, you'll have an excellent base.  In Part II, I'll examine how you'll exploit various flavors of ActiveSync (Corporate Sync on some devices) to sync your data over mutiple platforms.

That's when the fun begins…

California Lawyer, Education, Law Practice Management, Media, Technology

Calbar’s LPMT Section is Now on Twitter & Facebook @calbarlpmt

LPMT SealThis is a bit of a coup for us, folks.  Only a select few of the State Bar of California’s Executive Committees have been awarded proprietary social media accounts, and LPMT is fortunate to be one of them.  So, if you’d like access to another source of up-to-date news and information about Law Practice Management and Technology – directly from your representatives at the California Bar – please ‘like’ us on Facebook and/or ‘follow’ us on Twitter.

You don’t need to be a member of LPMT – or even a member of the Bar!  All are welcome, so we encourage you to join us and take a peek at our offerings as we’re adding new benefits all of the time.

Backup & Recovery Systems, e-Evidence Insights, Education, eMail, Law Practice Management, Media, Science, Security, Technology

I Never Promised You a (Dusty)Rose Garden…

Artificial-Sweeteners
…but I did promise to try to post more often.  Isn't it a shame when work gets in the way of a good blog post?  Having not posted anything this week, I wanted to let you know about two subjects I'm working on for you right now:

  1. Due to all of the controversy over Google's privacy policy, I'm writing an instructive article about alternate software products you may use to sync email, contacts and calendar on all of your devices; including desktops, laptops, tablets and smartphones.  And here's the best part – you can do it free (for power users who want more robust features, I'll also include some pay options).  I don't know about you, but being able to create emails, calendar appointments and/or modify contacts – then having the device automatically propagate the data to all of my other devices simultaneously – is one of life's greatest time-savers!  Here's another bonus, that should appeal to many of you – you'll have a database that lives on your own device, not just via access in the cloud.  Yes, there will be pictures, in fact, I've been playing with an excellent app that creates terrific images from a non-rooted Android smartphone.  Stay tuned…
  2. I'm also working on a comparison of scientific analyses in California courts versus other jurisdictions.  I'd seen a few good articles floating around about using the Daubert analysis to support the implementation of predictive coding.  Well, that's not going to help in the Golden State, where we follow the Kelly-Frye standard (aka the 'Kelly' standard).  I'd had a lot of exposure to this during my days at the Los Angeles County District Attorney's Office.  Ask me, sometime, about how my boss and I successfully used a "Sweet'N Low" packet to impeach the defense's scientific evidence in a criminal case, once.  I suppose today, we would have called it the Splenda Gambit…

I won't post until I have the time to do the quality job you expect, so look for them a little ways down the road.  In the meantime, enjoy your weekend!

Books & eBooks, Education, Law Practice Management, Strategy, Technology

Sneak Peek! Growing and Maintaining Your Law Office

MP900444369I mentioned a few months ago that I’d hunkered down in the ‘bunker’ to write for the upcoming new State Bar of California publication, Growing and Maintaining Your Law Office (or as we like to call it, Grolo).  We’ve entered the pre-promotion stage, which means that a few of the sub-chapters have been authorized for limited publication.  In my old book-publishing days, we might have referred to them as galleys, but they’re not quite in their final form.

In any event, the Law Practice Management & Technology Section has just published one of my sub-chapters, “Using Technology to Coordinate Lawyer & Staff“.  Now, I can’t give you access to the complete excerpt, because our members pay to receive our publications, but if you’d like a little taste of what you’ll see in the book, here you go!

I’ll also be discussing more of my contributions at the 2012 California Solo and Small Firm Summit, scheduled for June 21 – 23 in Long Beach.  I’ll be presenting program 16, “They See You When You’re Sleeping: Attorney Privacy, Confidentiality & Security“, Friday, June 22nd from 9:45 a.m. – 10:45 a.m.

Hope to see you there!