Practicing Law in the 21st Century-A Law & Technology Blog

Follow my posts at my Sui Generis blog

Nicole Black — Mon, 12 Apr 2010 17:04:55 +0000

I’ve decided to stop cross-posting content both here and at my Sui Generis blog and will only be posting at Sui Generis from now on. But, rest assured, all of the content that I posted here is also posted at Sui Generis, so if you don’t already follow my posts there, head on over today and check it out!

Different Strokes for Different Folks

Nicole Black — Wed, 07 Apr 2010 21:59:55 +0000

This week’s Daily Record column is entitled “Different Strokes for Different Folks”

A pdf of the article can be found here and my past Daily Record articles can be accessed here.

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Different Strokes for Different Folks

During the last week of March, I was privileged to speak at one of my favorite legal conferences, ABA TechShow.

My two presentations focused on educating lawyers about how to create an effective online presence: “Creating Your Online Presence” and “Managing Your Online Presence: The Care and Feeding of the Online You.”

While at TechShow, my new book, “Social Media for Lawyers: the Next Frontier” debuted and my co- author, Carolyn Elefant, and I participated in a “meet the authors” session and hosted two “Taste of TechShow” dinners with conference attendees.

An interesting theme became apparent throughout all of the events, both in the form of the audiences’ comments and questions during my presentations, and during conversations over dinner or with attendees who stopped me in the hall to discuss social media. The overarching theme — one that didn’t surprise me — was that different social media plat- forms have had varying levels of effectiveness for different lawyers.

Some find Facebook pages to be extremely effective, while others found them useless. Some claim to have obtained nearly all of their clients via their blogs, while others stopped blogging because they deemed the task a waste of time.
Some say Twitter is a very useful platform, while others long ago abandoned it as a pointless time-suck.

During each of my interactions, I attempted to flesh out the reasons for the varying levels of success with the different forms of social media. It became obvious that success in using social media depends on any number of factors, including the lawyers’ goals, areas of practice and locations.

As I mentioned, the “theme” didn’t surprise me. In fact, it is one of the central premises of our book. As we explain in the introduction: “[L]awyers should use a practical, goal-cen- tric approach to social media, which … enable[s] lawyers to (1) identify social media platforms and tools that fit their practices and (2) implement them easily, efficiently, and ethically.”

In other words, before diving into social media, lawyers first should determine their goals, then make intelligent, informed choices regarding the online platforms that will help them to achieve those goals.

Many goals can be achieved through the use of social media and we devote a chapter to each goal in our book — networking and building relationships; locating information to support areas of practice; gain competitive intelligence and customer feedback; showcase your expertise; brand yourself and your law practice and increase search engine optimization and improve quality of leads.

Once you’ve identified your goals, the next step is to determine what social media platforms are the best fit for your goals, practice areas, location and, most importantly, your personality and comfort level with the platform. If you are uncomfortable with a platform, then your social media efforts likely are doomed to fail from the very start.

Those who find writing a chore most likely will find that blogging is not for them. A video blog, podcast or a completely different type of social media plat- form might be a better choice.

If the informality of Twitter puts you off, then perhaps writing a blog or participating in LinkedIn groups might be a better fit. In some cases, a very basic online presence, including a Web site and online attorney directories, may be the only online platforms you wish to use. There’s nothing wrong with that approach. The bottom line is that there is no right way for a lawyer or law firm to use social media effectively. It’s not a “one size fits all” approach, nor is it possible to throw together quickly a compelling social media presence.

Instead, creating and maintaining an effective online presence is a matter of learning about the platforms available and implementing a tailored, well-thought out social media plan.

Webinar: Preview of my New Book “Social Media for Lawyers” at 4/6 1pm EST

Nicole Black — Mon, 05 Apr 2010 20:33:33 +0000

Tomorrow, Tuesday April 6th at 1 pm EST Avvo is hosting a preview webinar of “Social Media for Lawyers: the Next Frontier,” my new book co-authored with Carolyn Elefant that will be published later this month by the American Bar Association.

You can pre-order a copy of the book here.

You can learn more about the webinar here.

You can sign up for free here.

How Will Lawyers Use the iPad?

Nicole Black — Tue, 30 Mar 2010 11:37:25 +0000

This week’s Daily Record column is entitled “How Will Lawyers Use the iPad?”

A pdf of the article can be found here and my past Daily Record articles can be accessed here.

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How Will Lawyers Use the iPad?Lawyers’ reactions to the iPad are mixed, to say the least.

A few, like myself, are gung ho and can’t wait to get their hands on one.

Another minority appears absolutely convinced the iPad is destined to fail from the very start, having little to no utility for the legal profession.

The rest either could care less or are reserving judgment until the dust settles.
In other words, the vast majority of lawyers are not yet sold on the idea of the iPad. Many of those same attorneys, however, have expressed frustration at having to carry around large stacks of documents while commuting or traveling, and have indicated the iPad would hold far more appeal if they could annotate and edit documents on it.

For that group of lawyers, the ability to reduce the amount of paperwork and quickly and easily edit and annotate documents, as if writing on an electronic document, would be a deal breaker.

Those lawyers do not envision creating documents on the iPad, but rather marking up a pleading or contract, making notations in the margins to a draft appellate brief, or commenting on an internal memorandum. Such tasks, currently, are not accomplished easily while on the road, since neither lap- tops nor smart phones are well suited to those types of document annotations.

The iPad — with a larger screen and unique touch screen functionality — has the potential to change all of that but the real question is, will it?

Not surprisingly, I think it will.

There already are a number of iPhone apps that permit the annotation or revision of a variety of documents. Some are quite popular, others are not — in large part because of the difficulty inherent in working with documents on a screen of such small proportions. The iPad’s larger screen will breathe new life into those applications, and other new apps will be developed to allow documents to be annotated and revised on the fly.

Let’s take a look at a few of the iPhone apps already available that permit annotation and revision of documents. Documents to Go Premium allows users to view and edit Word, Excel and Power- Point files. RightSignature allows Word or PDF documents to be signed using the iPhone app. Those files also can be uploaded to RightSignature’s Web site for distribution.

Aji allows PDs to be signed and marked up, and enables text notes, strike-through text and highlight text. Documents also can be annotated in free form; however, users can’t distribute the documents using the iPhone interface. Instead, the annotated document must be processed using Aji’s Web site on a computer, then sent.

One app goes a step further — Zosh. Zosh allows users to sign, annotate and distribute documents in a variety of formats, including .doc, .pdf, .xls, .ppt, .jpg, .png, .tif and .bmp — all from the iPhone. The app enables users to insert
free-form annotations such as a signature and text boxes. The ability to highlight text is in the works, according to Zosh CEO Joshua Kerr.

Some companies that developed the apps I’ve mentioned already have announced that iPad-compatible apps are in the works. I have no doubt other new apps will be introduced, tailor-made for the iPad. Such functionality will make the iPad a must-have for lawyers and other business users.

While I think the iPad will be used primarily as a device for media consumption, undoubtedly there is room for certain types of business use that will make it a mainstay for business travelers and commuters.

Are blogs vital to a law firm’s online presence?

Nicole Black — Tue, 23 Mar 2010 17:30:55 +0000

This week’s Daily Record column is entitled “Are blogs vital to a law firm’s online presence?”

A pdf of the article can be found here and my past Daily Record articles can be accessed here.

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Are blogs vital to a law firm’s online presence?

One of the most effective ways to establish an online presence and showcase your legal knowledge is to start a blog.

Many who advise lawyers about creating an effective Web presence consider blogs to be the cornerstone of a law firm’s successful online presence, and for good reason. Blogs are an unparalleled tool for educating clients, indulging in intellectual discourse with colleagues, or staying on top of information.

However, in my opinion, if the very idea of maintaining a legal blog makes you groan, then it’s entirely possible that blogging is not compatible with your interests or your personality. That’s perfectly fine — there are, then, other forms of social networking that may be a better fit for you and your law practice.

In the past, when I’ve expressed such an opinion during online discussions, I’ve been met with vehement disagreement. Many assert that a law blog is a law firm’s “home base” and that an online presence is wholly ineffective without it.

I disagree for two reasons. First, there is a glut of law blogs in the online marketplace now that lawyers are finally, and quite belatedly, realizing the potential marketing value of a “successful” blog. The sheer number of new law blogs flooding the Web is overwhelming, and, as Scott Greenfield aptly explains at his very popular law blog, Simple Justice, only the best and most interesting will endure:

Only the fittest will survive, not because the others are awful necessarily, but because we would be deluged with far more than we could absorb if every blawg that came down the pike was a winner. There still would be a natural vetting process, and peo- ple would still read only the few that capture their interest best… There is a saturation point. There are diminishing returns. There is survival of the fittest.

In other words, there’s simply too much competition. New bloggers face an uphill battle for readers, and only those with a true passion for their subject matter will be able to maintain long-term interest in their blog.

Second, the importance of blogs as a firm’s online presence has decreased quite a bit due to the recent explosion of social media and the vast increase in the number of platforms from which attorneys can participate and share their legal work product. The online landscape is changing rapidly, and while blogs are still an important tool, there are others that are just as effective.

Lawyers can connect with other attorneys and potential clients on LinkedIn, Facebook, Twitter and other law-specific platforms such as Martindale-Hubbell Connected. Similarly, lawyers now have available many other means through which they can disseminate and share content via social media. Articles, pleadings and newsletters can be uploaded to JDSupra, Avvo or docstoc — all of which are well-traveled platforms that weren’t in existence just a few short years ago.

That same content then can be showcased and connected to social media profiles on LinkedIn and Facebook, as discussed more fully in my soon-to-be-released “Social Media for Lawyers: the Next Frontier,” set to be published by the American Bar Association this spring. (You can view an excerpt of the book here and soon you will be able to pre-order the book here–just enter product code 5110710.)

The bottom line is this: An online presence is vital to success in the 21st century; however, there is no right way to create an effective online presence for a law firm. Instead, determine your goals for online interactions, then determine which platforms best forward those goals, and best fit your personality. You may find that blogging is the ideal platform for your firm. If not, don’t despair. You can create an effective online presence nonetheless.

“Social Media for Lawyers: The Next Frontier” Preview Launch at ABA TechShow

Nicole Black — Fri, 19 Mar 2010 19:46:03 +0000

My new book, Social Media for Lawyers: The Next Frontier, will be published in just a few weeks. My co-author, Carolyn Elefant and I are extremely excited about it and will be launching a preview of the book at the upcoming ABA TechShow in Chicago.

Hopefully, we’ll have the chance to see many of you at TechShow and discuss our book and social media issues in general!

You can catch up with us at any of the following events:

We’re presenting at TechShow on Thursday March 25th at 8:30 a.m.–Creating Your Online Presence
Carolyn and I are both speaking at IgniteLaw on Wednesday March 24th at 7 p.m.
Matt Homann and I will be presenting On Thursday March 25th at 11 a.m.: Managing Your Online Presence: The Care and Feeding of the Online You
Carolyn will be presenting with Lee Rosen on Thursday March 25th at 2:30 p.m.: Crossing the Digital Divide: eMarketing to Clients and Prospects
There will be a “Meet the Authors” session held on March 25th at 4 p.m.
We’re also hosting “Taste of TechShow” dinners on both Thursday and Friday nights (3/25 and 3/26). You can sign up at TechShow.

You can view an excerpt of the book here and soon you will be able to pre-order the book here–just enter product code 5110710.

How the iPad will change the world

Nicole Black — Tue, 16 Mar 2010 13:29:36 +0000

This week’s Daily Record column is entitled “How the iPad will change the world.”

A pdf of the article can be found here and my past Daily Record articles can be accessed here.

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How the iPad will change the world.

OK, perhaps I exaggerated just a bit in today’s headline. The iPad won’t change life as we know it, but it will revolutionize the way that we interact with various news and social media. Undoubtedly, we will look back on 2010 as the year the iPad changed the way we obtain and consume information.

How will the iPad affect our day-to-day lives? It’s difficult to say, but I’m certain that it will.
As book, magazine and newspaper publishers and third-party developers get their hands on it — and begin releasing applications made specifically for it — the tide will begin to turn. It will become clear that the iPad, and other touch screen tablets released in its wake, will become the center of our households.

The iPad will be the heart of every home — the digital media consumption hub that connects us to the information highway. The iPad will be the interface of choice for Web browsing and media consumption. Soon, it will be quite common to read books, magazines and newspapers via the iPad interface.

The iPad will be the device users turn to for Web browsing and music and video streaming. In the very near future, recorded television shows and movies will be viewed regularly via live streaming from the Internet, either on the iPad screen itself or by using the iPad as the conduit, with the images appearing on a larger television screen. Although it already is possible to stream content via a computer to a television, it isn’t commonplace. The iPad will be the device that makes it so.
My assertion that the device will usher in a new age of online content consumption is not unique. Many others are suggested it as well: Luke Hayman, for one, at www.Pentagram.com predicts the iPad will change the direction of journalism.

What will they be willing to read on their iPad? I predict the return of long-form journalism. At the same time, visual storytelling will take deeper, richer forms. Information design will be more important than ever. Something like New York’s Approval Matrix that we designed back in 2005 with Adam Moss is popular in print but will really come to life in this format. Some people might subscribe to it all by itself.

In short, the iPad is the next stage of online content consumption.

That being said, there are a lot of things the iPad won’t do.

It won’t be a portable work station. Laptops will continue to serve that function far better than the iPad. The iPad will suffice for composing e-mails and short documents but, for most businesses, laptops and desktop computers will remain the interface of choice.
Likewise, the iPad will not replace the iPhone. Smart phones will continue to function as miniature connectors to the information super highway. Their smaller size and GPS functionality make smart phones ideal for certain tasks that the larger, less portable iPad will not be able to duplicate. Applications that rely on geo-location for their functionality — such as the Zillow real estate app or the restaurant location and ratings app Yelp — still will be ideal for use on phones for people on the move. Smart phones will not be supplanted by the iPad, but instead supplemented by it.

The iPad will not fill an already existing niche — it will create a new one. It will be ever-present in our homes, during daily commutes and on airplanes. The iPad will be prevalent where people tend to read books or magazines, but will be far less visible at locations where people mostly work or socialize. It will be our conduit for media consumption and our interface of choice.
The iPad is a game changer of epic proportions — of that I am sure. One year from now, we’ll look back on its release and wonder how we functioned without it.

Remove metadata–even when sending documents from your phone

Nicole Black — Fri, 12 Mar 2010 21:39:29 +0000

In the latest episode of lawtechTalk, you’ll learn all about metadata–what it is, the risks it presents, your ethical obligations and how to remove it from your legal documents, even when sending documents via email using a smart phone. During the episode I interview Cathy Brode, one of the co-founders of 3BView.

Episode #8 (Part 1 & Part 2) features, and is sponsored by 3BView, which offers metadata removal products, including a server-based option and 3BCleanDocs, which is their SaaS-based metadata removal system. 3BCleanDocs automatically removes metadata from documents sent via email, even those sent via your smart phone.

There are 2 parts to this episode, which can be viewed here for FREE: Part 1 & Part 2.

Useful programs and online tools for litigators

Nicole Black — Wed, 10 Mar 2010 11:12:17 +0000

This week’s Daily Record column is entitled “Useful programs and online tools for litigators.”

A pdf of the article can be found here and my past Daily Record articles can be accessed here.

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Useful programs and online tools for litigators

As I prepared to write my book about cloud computing for lawyers — which will be published later this year by the ABA— I researched different software programs that would make it easier for me to organize my thoughts and keep all of my information readily accessible as I wrote.

Ultimately I settled on Scrivener — www.literatureandlatte.com/scrivener.html — which is available for Mac users only.

Scrivener is a word processor and project management tool that makes all of the documentation and information that you will be using to create a document available in one application. I have found it to be an invaluable tool that is making the process of writing and organizing the information I’ve collected about cloud computing much easier.

As I was using it the other day, it occurred to me that Scrivener easily could make the process of writing and organizing a summary judgment motion simpler and more streamlined.

When I was an associate at a litigation firm, I used to find myself getting frustrated as I flipped through stacks of papers, trying to find a certain document, case or exhibit. Complex cases with large numbers of documents, deposition transcripts and exhibits in particular were difficult to manage. Scrivener, or a program like it, would have made the process so much easier.

To begin with, each portion of the motion, from the notice of motion to the supporting affidavits and the legal memorandum could be treated as a “chapter,” which simply is a folder within the document. The next step is to associate supportive documentation — exhibits, cases, deposition transcripts, etc. — with each section of your motion. While drafting the document, there is a list of associated files alongside of it that can be opened with a click. Associated files can be text files, image files, Web sites, audio files or even videos.

Another very useful resource for a litigator is CriminalSearches.com, a Web site that allows users to conduct a free search to determine whether a witness has a criminal record based on information available in public records. The results are not guaranteed to be 100 percent accurate, but the site does a surprisingly good job.

StreetDelivery — www.streetdelivery.com — is another handy service that provides lawyers with access to to almost 10 million digital images of inter- sections located throughout the United States. Although the database does not yet include photographs of every part of the United States, most of the East Coast already is available within the database. If the particular intersection or location, such as a parking lot, that you are interested in is not included, you can submit a special request for a photo via the Web site, and it will be delivered the next day. The service charges $109 per request for solos and small firm lawyers.

Finally, there are a number of smart phone applications that assist lawyers in calculating the date of a deadline. There are a number of iPhone apps of this type, which can be located in the App Store, including DaysFrom ($0.99), DateCalcPro ($1.99), DateCalc ($4.99) and Court Days ($0.99). For lawyers with BlackBerrys, DateMathica ($4.99), from Shrunken Head Software is good alternative. Another program, Date Wheel — creativealgorithms.com/date- wheel.html — is a due date calculator app that is compatible with a number of different smart phones, including Centro ($14.95), iPhone ($2.99), Pre ($14.95) and any other phone that can access the mobile Web. Finally, another app with a similar name, DateWheel, is available from Interstate Web Group users of Android ($0.99).

As you can see, there are a number of interesting programs, Web sites and services available to litigators. Those I’ve listed are just the tip of the iceberg, but hopefully they will make your life just a little bit easier.

Facebook Fan Pages, Online Collaboration and Encrypted Communications

Nicole Black — Tue, 09 Mar 2010 16:47:41 +0000

: Image via Wikipedia

I recently wrote the following guest post at That Credit Union Blog:

Facebook Fan Pages Offer a Ready-Made, Effective Social Media Presence

I also recently began guest blogging at the Firmex Online Document and Collaboration blog. My posts appear every Tuesday. If you’re interested in cloud computing and other technology issues for lawyers you may enjoy these posts. Here are some of my most recent posts: