The Connected Lawyer

Leveraging Technology to Practice Law More Effectively

Fighting Crime Through Facebook

I don’t practice criminal law. However, in the event that a future criminal stumbles across my website, let me offer a piece of advice: Don’t steal someone’s phone, take a picture of yourself, and upload that to the internet. Yes, I realize that the phone was set to automatically upload photos to facebook when the phone was connected to a computer. However, I don’t find that to be a very good excuse.

I mean really, if you have stolen a piece of electronic equipment, shouldn’t you make sure it isn’t going to phone home before you plug it into a computer?

HP Buys Palm. Yawn

Today, in response to the news that HP has bought Palm, Futurelawyer said:

There was a time when I salivated at every new Palm product, and greedily grabbed one for myself. There was a time when a Palm was part of my wardrobe, and accompanied me every waking moment. But, alas, time marches on. Old friends die. Sometimes, they get sold to a new owner, and die with a barely audible whimper.

Ditto.

My Latest Acquisition: Samsung P2570HD

I have written before about how I believe multiple monitors can improve your efficiency. Last week I was working at home and the second monitor I had was not cutting it. The resolution did not allow me to see enough to work properly. Consequently, I jumped on to Amazon and started checking out their monitor selection. At the office I have two external monitors. For the house, however, I decided to go with one, larger monitor. Thus I picked up this beauty.

Samsung MonitorIt is a Samsung P2570HD. Basically, I just picked up a 24.6 inch monitor that doubles a TV, if I want it to. The picture has the monitor next to my laptop for comparison’s sake.

The reviews on Amazon were pretty good and I have to echo those. It is a beautiful monitor that works really well. (I have not tried using it as a television yet). The picture is nice and clear and it displays two pages side by side in Word just beautifully.

If you are looking for a larger monitor, you could certainly do a lot worse than this one. Do check the prices on this, however. The price Amazon has is currently more than what I paid for it. However, you can buy it from J&R (through Amazon) right now for slightly less than what I paid for it.

Metra: The Way to Really Not Work

In the Chicago metro area, our public rail transportation to and from the outer suburbs is provided by Metra. Overall the service provided by Metra is pretty good. Traffic in Chicago can get pretty congested during the construction season (approx. January through December). Metra provides a nice alternative to sitting in traffic. In general the trains run on time and are as comfortable as can be reasonably expected.

That does not mean, however, that Metra is perfect. Far from it, in fact. In many ways they are mired in the past. As an example, in September 2009, Metra took the forward thinking step of deciding to accept credit cards. It would be nice to say that Metra finally bowed to the public pressure and gave their customers what they wanted. However, it turns out that is not exactly the case. Instead, Metra now accepts credit cards because the Illinois General Assembly passed a law requiring Metra to accept credit cards.

The Chicago Tribune reports today that Metra has decided to continue down its self-selected road of remaining mired in the past. According to the Tribune, Metra won’t be providing wi-fi service anytime in the foreseeable future:

But WiFi doesn’t fly on Metra. The commuter rail agency, which still punches tickets by hand and only recently started taking credit cards, says providing wireless Internet is too expensive and technologically challenging.

A Metra spokesperson stated:

“We barely have enough money to operate let alone add such a luxury,” Metra spokeswoman Judy Pardonnet said.

That doesn’t seem to have stopped many other rail providers, who I presume are existing in the same tight economy that Metra is is. The Tribune reports that wi-fi is or soon be available on trains in Albuquerque, Santa Fe, New York City, Northern California, Boston, and Amtrak’s northeast commuter lines.

Metra seems to be quite short sighted by focusing on the costs here. Surely there is some provider who will be willing to front the cost for this. The Tribune reports:

New York’s MTA, with an $800 million budget shortfall, doesn’t plan to pay anything for WiFi installation, spokesman Aaron Donovan said.

MTA asked potential providers to pay for the equipment and service themselves. In return, MTA plans to offer incentives, such as advertising considerations. MTA’s Internet might not be free because companies may be allowed to charge customers, Donovan said.

It seems to me that the real problem here is not the cost, but rather Metra’s commitment to not providing convenient services for its riders.

Maybe Blago’s Attorneys Should Have Attended an ISBA CLE

At Law and Conversation, Helen Gunnarsson is reporting about the motion recently filed by attorneys for Rod Blagojevich. The motion, which seeks to subpoena the President, was supposed to contain redacted information. The information, of course, was not actually redacted, and, instead, was simply covered by black boxes. As Helen notes, both the Tribune and the Sun Times are reporting that this error was caused by a “computer glitch.”

This is the most ridiculous thing I have heard. A “computer glitch” does not cause this problem. The problem is caused because someone did not redact the document properly. There are ways in which a document can be properly redacted, and ways in which it is not properly redacted. Having a document that is improperly redacted is no more a computer glitch than having a document that is properly redacted.

As Helen mentioned in her post, Nerino Petro and I spoke on this issue at the ISBA Solo and Small Firm Conference last fall. Additionally, Helen recently wrote about this topic in the ISBA Bar Journal. Further, both Nerino & I reprised our presentation just last week in Chicago. Further, one need not look far to notice the large number of news stories that talk about redaction done wrong.

This is not a complicated task. Further, it is not one that you can ignore. Before the Northern District of Illinois allows you to sign in to the CM/ECF system, it requires you to check a box stating “I understand that, if I file, I must comply with the redaction rules. I have read this notice.”

Clearly this check box does not prevent someone from filing an improperly redacted document. However, it should make attorneys question the fact of whether they have properly redacted the document they are about to upload to the ECF system.

Updated:

I am glad that someone in the mainstream media has finally pointed out that this was not caused by a computer glitch. As Eric Zorn states:

Not to get too fussy, but the computers used in this caper all seem to have performed perfectly. The “glitch,” discovered yesterday at almost the same time by competing reporters, was in the brain of the person on the Blagojevich defense team . . . .

Thanks Eric for pointing this out.

Security & Social Media

I use Twitter. However, I don’t usually post a lot of tweets. To be honest, this is mostly because I am usually doing something else and really don’t think about it. However, one of the questions I have always considered is how much information am I giving away. If I Tweet about going out of town with my family, does that mean that some burglar knows my house is a prime location to burgle?

Apparently, I am not the only person who has this concern. Recently The Reasonably Prudent Law Student noted her distrust of the application foursquare:

FourSquare is an application that works with Twitter and you log on from your phone and it posts a tweet about where you are. Like, “I’m at Meson Sabika, 400 Aurora Ave, Naperville” and a link or something. I don’t know.

All I know is that FourSquare scares me. It’s a great way of saying, Hey, I’m at this location about twenty miles away from my house. PLEASE ROB ME. NO REALLY GO AHEAD. YOU HAVE MY IMPLIED WRITTEN CONSENT.

* * *
The more I think about it, the more I’m convinced that FourSquare was released by a gang of international thieves who knew it would gain tremendous popularity on Twitter and other social media sites. They were like, Hey, sure, we’re rolling in diamonds and stolen TVs, but we could be rolling in MORE diamonds and stolen TVs.

I am pretty sure that foursquare was not invented by a gang of international thieves. However, I think it is prudent to think about what information you are releasing on your social media networks. Without a doubt, there are many times that there is nothing wrong with letting the world know your location. at other times, however, you may want to think about this a bit before revealing the information to the world.

Why Newspapers Are Going Out of Business

I am not one of the people who ran out to buy an iPad when it was released. However, given how much I like my Kindle2, I believe that there is a market for a device like this. One of the useful features of a device such as the iPad is the ability to read news and magazine stories. There was a time when I read 3 newspapers a day (actual paper newspapers) as well as a handful of magazines a month. Those days are long gone. Although some magazines show up in our mailbox every once in a while (why I don’t know), I haven’t read one in ages. Similarly, I check out the headlines on 3 or 4 newspaper websites regularly, but I couldn’t tell you when I actually read a physical newspaper last.

Obviously, if these organizations are to succeed in the future, they will have to embrace, at a least to some extent, the new media available. Ernie the Attorney, who did get an iPad, decided to try out the Wall St. Journal app. Ernie explains:

I downloaded the free Wall St. Journal app for the iPad, just to see if there was something worthwhile. I used to subscribe to the print version of the Journal and liked it a lot. I got the iPad app to work, after chopping through the thicket of registration screens and admonishments.

I figured I’d get about 2 weeks of hassle free time to check out the app and see what kind of content they are putting out for the iPad. No dice. I kept getting a registration screen. So I deleted the application.

This is not an uncommon phenomenon. A company decides to try to move its product to a digital version and makes it too difficult or cumbersome to use. When it is not  adopted, then the provider declares that attempt a failure, blaming the media, not their poor design. Ernie laments that many companies spend millions of dollars trying to build a following. Newspapers, however, (at least right now) already have that following:

Newspapers have large audiences in the print world and can’t seem to figure out how to tease a substantial portion of that audience into the online world. The production and delivery costs of online media are much lower, and so you’d think that the newspapers would be desperate to transport their paper readers to online media.

And then comes the iPad, a device perfectly suited to making that transition possible. And what do newspapers like the Wall St. Journal do? They want to charge almost the same amount of money for the online version as the print version. And they can’t figure out how to let early adopters on the iPad consume their content free to get them hooked.

Ernie then concludes with one of the best lines I have seen in a long time:

Maybe they should fire all the executives at the newspapers and replace them with drug dealers. At least the drug dealers understand how to get new customers hooked on a product before exploiting them.

True Mobile Computing

Both myself and my wife grew up in West Virginia. Before Easter went went to visit our families. Despite the fact that I can access all of my case information on my computer, it is still challenging when visiting the family because we do not have convenient access to high speed internet. Nevertheless, I had still had things I had to attend to. Emails to check and respond to, faxes to review, etc. Sure, I could do most of this on my Droid. However, there are just some things are much easier to do on a laptop.

So, one day, I found myself on my father’s farm, tethering my phone to my computer, to access the internet. It worked just fine. I will admit, however, it wasn’t quite as comfortable as sitting at a desk. Anyway, this is what my set up looked like.

Mobile Computing

Click to Embiggen

I was pleasantly surprised at the speed at which I was able to operate with this setup. I certainly would not want to spend all of my time working like this. However, to jump on to the internet for a half hour to take care of business in the midst of taking some time off, it worked just fine.

New Jersey and Virtual Offices

I know that I am late to this party, but I have been watching the debate over the joint opinion from New Jersey’s Advisory Committee on Professional Ethics and Committee on Attorney Advertising (note that this link is to a PDF copy of the opinion). I have read the opinion and, in all honesty, it doesn’t make much sense to me. I understand the idea behind having a “bona fide” office. However, I find the arguments advanced in the opinion to be very unpersuasive.

For example, one of the arguments is:

A “virtual office” location is not a place where a client can meet with the attorney unannounced. An attorney is not routinely found at a “virtual office” location and would need to make arrangements to reserve the space. Accordingly, while “virtual office” locations may be listed on attorney or law firm letterhead, websites, or other advertisements, the communication must state that the location is “by appointment only.”

Strangely enough, although I have always maintained an office in a commercial building, I have never considered my office as a “place where a client can meet with the attorney unannounced.” Is this something that happens regularly in New Jersey that just does not happen in Illinois? I mean my doctor maintains a physical office (2 or 3 actually), but I have never just dropped in to see him unannounced. I am not quite sure what the concern is here.

Similarly, the opinion asserts that the receptionist in a virtual office space does not qualify as a responsible person:

A “virtual office” cannot be a bona fide office since the attorney generally is not present during normal business hours but will only be present when he or she has reserved the space. Moreover, the receptionist at a “virtual office” does not qualify as a “responsible person acting on the attorney’s behalf” who can “answer questions posed by the courts, clients or adversaries.” Presumably, the receptionist can redirect a telephone call to the attorney lessee of the “virtual office” much like an answering service, but would not be privy to legal matters being handled by the attorney and so would be unable to “act[] on the attorney’s behalf” in any matter.

The ACPE notes that, in general, an attorney should not permit the receptionist of a “virtual office” to field telephone calls to the attorney. Prospective clients calling an attorney or law firm assume that they are reaching an employee and may disclose confidential and sensitive information.

No offense, but this simply ridiculous. How is contracting with a receptionist to maintain information confidential any different from contracting with a secretary to maintain confidential information. I just don’t understand this argument. The person answering your telephone can handle your calls only to the extent that they have been properly trained to handle the calls. That is true whether the person answering the phone is an employee or a contracted receptionist.

Similarly, by the argument made here, I would conclude that if you are not regularly in the office, your office is no longer a bona fide office if your receptionist is sick or goes on vacation. Even if you hire a temp, the reality is that the temp will not be able to answer questions posed by” courts, clients, or adversaries.” Similarly, there is nothing that would prevent “clients calling an attorney or law firm assume that they are reaching an employee and may disclose confidential and sensitive information.”

Without question, attorneys have a duty to maintain confidentiality, protect client files, remain accessible,  and to ensure that they do not mislead their clients. However, this opinion does not ensure that any of these objectives are achieved. Instead, it simply ensures that good attorneys are limited in the options they can use to best serve themselves and their clients.

After Only a Decade, The Cook County Law Library Enters the 21st Century

Recently, Solo in Chicago alerted the world that the Cook County Law Library in the Daley Center finally added wi-fi. For the first time ever, I can now actually work in the law library the way that I work every where else. As a nice bonus, not only do I have a wi-fi connection, but I also managed to find a seat next to working outlet. Thus, I am working and charging my computer at the same time.

With services like this, I might not actually dread having to come to the Daley Center.