Category Archives: Technology

Don’t IT Tomorrow what you can IT Today: IT Law Today Blawg

Brownstone photoI've been waiting for this for some time.  Robert Brownstone of Fenwick & West (who I've cited many times on this blawg), has finally taken the plunge and launched the blawg, "IT Law Today: News & Updates on the lifecycle of electronic information management".

Folks, if you want to receive top of the line information and resources from one of the best in the business, I recommend you add him to your favorites lists (and while you're at it, follow him on Twitter as well – @eDiscoveryGuru).

You know how stingy I am about promotion on this blog, but this is one of my rare exceptions.  Let me put it this way; when I have an issue that could go one way or the other and I want to chat with someone about the possibilites, Robert is the first person I call!

Make him one of your first stops as well – you will benefit greatly from his knowledge.

Calbar LPMT Section Annual Free Membership Offer Kicks Off Today!

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Beginning August 5th and ending August 24th, the State Bar of California Law Practice Management and Technology Section offers free memberships through the end of 2013 to attorneys and non-attorneys alike.  This is a great opportunity to test-drive the section for free!  For more details about the benefits we offer and how to get your free membership, click here.

e-Evidence Insights: Mars Needs Moms; But Science Needs Humans

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"It's an inexact science."  We've heard that phrase often.  But, how often have we heard it in reference to DNA?  Usually, we hear it more in terms of how it identifies a particular suspect with astronomically-high odds, such as, 'one-in-a-million'.  In other words, it must be him because mathematically, it couldn't possibly be anyone else.

Consider the very bad luck of our suspect in today's story:

 

  • A murder was committed.
  • The suspect's DNA was found on tape used to gag the victim.
  • Based on this evidence, he was promptly arrested.

Now, factor in the very good luck of our suspect in today's story:

  • He had an alibi.
  • He was able to prove it beyond all doubt (i.e, it wasn't his mother claiming that he'd been with her the entire time – he was in a hospital).

In fact, he was nowhere near the scene at the time of the murder; nor was he ever at the scene.  Yet, he spent five months in jail before he was eventually exonerated.

This appears to be a bizarre case of transference.

Furthermore, DNA is not necessarily like snowflakes; sometimes, two samples are identical (at least within the range that law-enforcement would feel comfortable arresting and prosecuting a suspect).

The moral of this story?  We rely on science; but sometimes, science must also rely on us.

The Mobile Lawyer & Professional Responsibility: Friday in Long Beach



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Just a quick reminder that I'm presenting Program #19 at the Calbar Solo and Small Firm Summit in Long Beach, California:

The Mobile
Lawyer & Professional Responsibility: Confidentiality in the Digital Age

Friday, June 21, 2013 
1:15 p.m.-2:15 p.m.

Lawyers
are open for business 24-hours a day. 
They communicate via Twitter & Facebook, on smartphones, tablets
& notebooks – in coffee shops, taxicabs, airports and on airplanes.  This program reviews recent COPRAC opinions
addressing technology
and provides tools to protect confidences and privacy for
both attorney and client.

It's not too late to register and join us!

Did Mikey Like the New, Improved LTWC 2013? Day One…

Mikey Likes It!I've just returned from day one of Legaltech West Coast.  I'd hoped to attend both days this year because my Calbar LPMT colleague, Andy Serwin, presented the keynote this morning,  Alas, it wasn't meant to be…

Leading up to the conference, the meme was that this is the new, improved LTWC with the addition of, "The California Lawyers' Track".  Makes sense.  Depending on which statistic you consult, approximately 20-25% of the lawyers in the United States reside in California.  So, how did all this measure up to their most hard-to-impress critic, Mikey?

(It's me…it's me…I'm talking about ME!)

First of all, it not only makes sense, it's smart.  I'm the first one to admit that virtually all of the programs I present contain at least 50% Ethics content – not only because it's great as far as addressing educational issues that attorneys need to know -  but also because Calbar has a mandatory requirement that California attorneys attain four hours of specialty credit in Ethics every three years.  The specialty credits are notoriously hard to come by and it always results in higher attendance at my events.  I'm sure the gurus at LegalTech understand this factoid.  They also worked in our other specialty credit requirements: Bias & Substance Abuse.  However, three out of the four were presented on the final day
(incentive to entice California attendees to stick around for day two, LegalTech?  Well played…)

If you attended all specialty sessions over two days, you'd satisfy one-hour Bias, one-hour Substance Abuse and two-hours Ethics.  That's four out of a total of six hours required!

Advantage:  LegalTech

Ok, great; the potential is there.  But none of that matters if the programs aren't substantive.  Were they?  If you've been reading me for a while, you know I don't dole out compliments much, but I have to say that I found the content of the three sessions I attended to be excellent; and the final session of the day may have been the best I've ever attended at any conference.

Unfortunately, I was unable to get there early enough to see the keynote speaker, D. Casey Flaherty (and I regretted missing him even more after attending his program in the final session of the day – see below), so I started with "A Panel of Experts: A Candid Conversation".  Judges Jay Ghandi and Suzanne Segal (no relation) discussed the challenges brought by eDiscovery.  If you follow my Twitter feed, you saw the money quote from that session.

Mid-day, I went another direction.  Owen Byrd from Lex Machina was presenting on his article, "Moneyball for Lawyers: How Data and Analytics are Transforming the Practice of Law".  This was also the title of an article Owen wrote for our LPMT Committee publication, "the Bottom Line", which will be published in a week or two.  He showed us how they're using data in whole new ways to give attorneys every advantage in a case.

To end the day, it was back to the judges (or so I thought) with, "Judges' Panel: The Current State of the ED Market".  At first, I was disappointed because the "judges'" panel had only one judge, presenting via Skype.  That ended up working out just fine.  The live panel included one big firm eDiscovery attorney and the aforementioned Casey Flaherty, Corporate Counsel for Kia Motors America.  Here's the deal.  Mr. Flaherty walked us through the painstaking process he followed to procure the best eDiscovery vendors for Kia that he could find.  What did I think?  Read my assessment at the LexisNexis "Matters of Practice" Blog.

Well, that's a wrap for this year.  See you next year at LTWC 2014!

Upcoming Presentation: Calbar Solo & Small Firm Summit: “The Mobile Lawyer & Professional Responsibility: Confidentiality in the Digital Age”

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I didn't intend for this blog to be a billboard for all of my 'stuff', but lacking much time these days, that's what it's been lately.  Since I'm already on a roll, I might as well tell you about a new program I'm presenting at the Calbar Solo and Small Firm Summit in Long Beach, California.  The Summit runs from June 20 – 22, 2013 and my program (#19) is entitled: 

The Mobile
Lawyer & Professional Responsibility: Confidentiality in the Digital Age

Friday, June 21, 2013 
1:15 p.m.-2:15 p.m.

Lawyers
are open for business 24-hours a day. 
They communicate via Twitter & Facebook, on smartphones, tablets
& notebooks – in coffee shops, taxicabs, airports and on airplanes.  This program reviews recent COPRAC opinions
addressing technology
and provides tools to protect confidences and privacy for
both attorney and client.

Hope to see you there!