Jim, You Need to Have a Back-up!

Posted by wlansden | Filed under , ,
By Eileen Burkhalter Smith 

So, we had a firm business meeting recently, with part of the meetings beginning first thing Saturday morning.  I am not a morning person, but I did crack a smile as I glanced around the still-empty parking lot that Saturday--most of the other early-birds were my fellow-litigators.  We were present, accounted-for and settled into our seats before the meetings started.  I think we all, at least, know the absolute importance of being on time.  I, for one, have been penalized  (somewhat significantly, in my experience) by a Judge for being late to Court.

Fantastic golfer Jim Furyk was just disqualified in the FedEx Cup playoffs for missing his tee time.  His cell-phone alarm didn’t work, and he did not have another alarm.  If only he had known what trial attorneys do—you can never have too many alarms, wake-up calls and reminders.  Mistakes can still happen, of course, (Caveat: don’t trust Elaine Benes and Jerry Seinfeld as your back-up): but unlike a small monetary fine, or missing the start time for a marathon, Mr. Furyk’s mistake will be smarting for some time, I suspect.

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iPad Useful for Document Review

Posted by wlansden | Filed under , ,
By Brian Malcom

When the iPad was first released, syncing documents was cumbersome.  The user was required to place documents on the device using wi-fi transfers.  Now, you can use the sync cable included with the iPad to transfer documents from your computer directly to your iPad.  This allows for faster and more reliable transfers.  This is especially important with large documents, such as PDFs or PDF packages for document review.

After the tweak to the document transfer mechanisms for the iPad, the iPad has become a useful tool for reviewing large document productions.  In order to perform the document reviews, I recommend using GoodReader, an app available in the Apple app store.  This app, working in conjunction with iTunes, allows you to use your data sync cable to transfer large PDFs directly to the iPad.  You can password protect access to the GoodReader files for added security.  It also retains your place in reviewing a large PDF document, should you have to exit the app for any reason.  Another useful tool available in GoodReader is the ability to place and label bookmarks when reviewing a PDF.  This allows you to quickly flip through a large PDF file and flag documents of interest to your case.  You can display one page at a time if you are in portrait mode, or you can display two pages side-by-side if you were in landscape mode.  With the two pages side by side in landscape mode, you can quickly flip through large documents and then, by simply orienting the iPad into portrait mode, you can zoom in to a page that looks to be of interest.

One drawback I see with reviewing the documents on the iPad is the inability to print directly from the iPad.  You must use the bookmark feature or simply hand write the Bates number or PDF page number and print the pages later when you are at a PC.  This adds a frustrating little step in the process, but the convenience of being able to carry tens of thousands of pages in a lightweight electronic device with a fantastic user experience may outweigh this inconvenience.

Happy document reviewing.

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The Bar Exam: It's Not So Bad

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By Brian Malcom

It's bar exam season.  Many of our readers are either beginning the bar exam this week, dreading their bar exam next year, remembering what it was like to take the bar exam last year, or simply trying to forget the whole experience.  I am going to tell you why you appreciate the bar exam and the lessons it offers.

Aside from the vast amount of knowledge you will cram into that head of yours right before the exam, the bar exam does teach some important lessons to soon-to-be (if all goes well) young lawyers.  It teaches you that sometimes there is more than one right answer, and you're going to be paid to find the best answer.  The bar exam teaches you that you can take on difficult tasks and conquer them.  It teaches you the value of discipline.  It teaches you that some will do just enough to get by; but they get to be called lawyers, too.  You will have to do something to set yourself apart from the pack.  The bar exam teaches you the importance of sleep and diet to the process of long-term memory encoding.  Finally, the bar exam teaches you the perseverance while you prepare and patience while you wait for your results.

Another reason you should and will be grateful for the bar exam is because it acts as a barrier to those who half-heartedly want to practice law.  This keeps the supply of lawyers down -- as much as possible -- which (economics reference ahead) keeps the demand for those with a law license inflated.  This makes your effort, degree, and law license more valuable in the employment market.

So, if you are preparing to take your bar exam this week.  Good luck.  Stay rested, stay relaxed, and stay ready.  The hardest part -- the hours and hours of studying -- is behind you.  It's time to flex the mental muscle.  Once you've crossed the finish line, rest easy knowing that the finish line looks like a brick wall to a lot of individuals thinking about going into law.

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Old Dogs Learn New Tricks

Posted by wlansden | Filed under , , ,

The Cane Corso recently received official recognition from the American Kennel Club.  Effective June 30, 2010, the breed became eligible to participate in AKC-sponsored competitions, generally considered the most prestigious in the industry.  Instantly, a dog breed that existed in relative obscurity in Italy for hundreds of years and that was nearly extinct until the 1980s, was endowed with bona fides that have the potential to take the breed’s profile, value, and desirability to another level.  Interestingly, the breed’s name roughly translates as “guard dog,” with “cane” meaning “dog” in Italian, and “corso” indicating “guide,” “guard,” or “protector.”

Appropriate enough transition into the point of this post:  Appreciate your mentors.  If you’re fortunate enough to work closely with an experienced attorney who is well-respected by both peers and clients, who endorses and employs high practice standards, who can staff you on the kinds of matters that you find interesting and challenging, and who still is willing to invest the time in guiding and protecting you through those inevitable early missteps, then take full advantage.  Even if you’re a sole practitioner who won’t be supervised directly by such an attorney, you can observe and learn from those who have built the kind of practice and reputation to which you aspire.  When it comes time for potential clients to check your bona fides, you want it to be obvious that you were guided by attorneys who helped you take your experience, reliability, and discretion to the next level.

As you work with mentors to lay the foundations for your own career, keep an eye on the Cane Corso.  In receiving recognition from the AKC, the breed took its first step toward a title run at the Westminster Kennel Club Annual Dog Show.  The 135th Show is in February 2011.

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Don't Get Caught Offside

Posted by wlansden | Filed under , ,

Given the uproar following the “offside” calls against Team USA at the 2010 World Cup, now is as good a time as any to warn young associates against an analogous infraction in law practice.

First, a wholly inadequate primer of the offside rule under FIFA Law 11: An offside offense occurs only when two conditions exist—1) the player is in an “offside position,” and 2) the player is “involved in play.”  Thus, an offside offense can occur, for example, when a player posts up near the opponent’s goal, waiting for the ball to come to him, and then tries to take what he might think will be an easy and perhaps game-winning shot.  (For those concerned with technical accuracy, check out FIFA’s animated tutorial)  But because of the speed at which the game progresses, conditions giving rise to an offense also can catch otherwise attentive players off guard.

Warning to young lawyers:  Do your part to make sure you don’t get hit with an offside offense by partners, clients, opposing counsel, or a judge.  As in soccer, an offense can occur before you know it if you lose sight of where you should be in advancing a matter, get used to waiting for others to tell you your next move, or believe that you can always take last-minute steps to make up for early inaction or carelessness.  Lest you think otherwise from Landon Donovan’s recent TV appearances , you’ll likely get little sympathy for drawing an offside offense, even if the call was made in error.

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Associate Life No Match for Golden Lasso

Posted by wlansden | Filed under , ,

Three months ago, I had no idea how the details would play out when I returned to the full-time practice of law.  As my maternity leave drew to a close, it was inevitable that I’d soon be knee-deep in digests instead of diapers for most of the day.  For me, it wasn’t so much a question of “work-life balance” as it was about shifting my mindset back into “battle” mode.  Would my new-found “mommy instincts” prevail over the litigation skills that I’d been cultivating for the last several years?  Say, if I found myself engaged in largely one-way babble with a fussy deponent, would I be tempted to burp him to see if that gave him any relief?  Although there were such uncertainties, I had no doubt that I could conquer them.

You see, by the end of my maternity leave, I saw myself as something of a Wonder Woman.  I considered it an amazing feat that I’d kept a helpless, defenseless, totally dependent human being alive for more than 2,100 nonbillable hours.  And she was not merely “alive”; she was thriving.  I’d warded off life-threatening injuries.  I’d even become so organized and disciplined that I could anticipate when hunger would strike and have a bottle on standby before she could hardly belt out a cry.  Given all that I’d accomplished in such a short span of time, it was appropriate that the World would honor me in May with a day dedicated to celebrating my achievements as a Mother.

So it was with all the confidence of a Superhero that I returned to work.  I dared (in my mind) plaintiffs’ attorneys to stand up against my discovery requests.  I laughed at the notion that any assignment was too challenging.  I chuckled at the pile of unread e-mail and magazines that I had allowed to stack up in my pre-motherhood days as a Procrastinator.  The Alter-Ego was in town, and she…meant…business.  Because, like any self-respecting superhero, I had endured a life-changing event that motivated me to be better, faster, and stronger.  In my life as a full-time attorney, that translated into my being more efficient, productive, and organized so that I could get back to what really mattered—my daughter.

We all read stories about how challenging it is to balance work with raising a family.  Those challenges are real and should be recognized.  But in what ways has being a parent, new or experienced, enhanced your working life?

And speaking of Wonder Woman, the real deal got a makeover earlier this week.  Check out her new look here.  Anybody know where I can get that jacket?

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Google Voice Open to the Masses

Posted by wlansden | Filed under , ,

By Brian Malcom

Last year, we told you about Google Voice.  The service allows users to forward calls from one Google Voice number to multiple, already-existing numbers.  For instance, you can have contacts call your Google Voice number, and then forward those calls to ring your desk, your home, and your mobile telephone.  Google Voice also offers some pretty cool extras, like transcribed voicemails and free long distance.

Though the service was once invite only, it is now open to all who wish to join.  If you are a solo practitioner or work for a small firm, this service may offer some assistance in managing your communications and keeping long distance costs down.  Learn more about it here.

Note: Some readers expressed some concerns regarding confidentiality and ethics because of Google's targeted advertising.  To date and to the best of our knowledge, no court or state has examined the issue.

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Mad Law: How to Deal with Crazy Lawyers

Posted by wlansden | Filed under
By Brian Malcom

Crazy attorneys.  They are out there.  In your practice, you may come across one or two.  Or you may be one.  If you are one, please click the "X" in the top right of your screen to proceed.  If you are not, continue.

The best way to learn how to deal with a crazy attorney is experience.  Crazy takes many forms.  Some attorneys manipulate, misrepresent, or twist your words.  Some even record your calls and present quotes out of context.  Some write you long letters that say nothing.  Some report you to various administrative agencies, control boards, or authorities to seek to harass you.  Some spontaneously cluck like a chicken in a courtroom.

A "crazy" attorney could be someone on your side of the case, a co-counsel or a colleague at your firm.  He or she could also be opposing counsel.  Heaven forbid, he may even be your client.  Knowing how to deal with a loose cannon is an important skill to develop in any industry and especially law, where an unpredictable or unstable attorney can make life hard on everyone involved or impact you or your client in a significant way.

Here are five things to do when a "crazy" attorney does something crazy:
  1. Keep your composure intact.  Do not react to absurd acts or assertions.  Do respond.  Knee-jerk reactions are never good in our field.  With the exception of verbal objections or trial, rarely does a lawyer have little time to think through possible courses of action and the consequences of choosing each course.  That being said, the record needs to be corrected and you need to defend yourself or your client.  Take the time to respond, in writing, and correct any misunderstandings, misrepresentations, or inaccuracies.  A good, clear record is your best friend.  Rarely is a complete failure to respond acceptable.  Repeated responses to the same crazy behavior, however, would itself be a bit insane and wasteful.
  2. Keep your professionalism intact.  Some "crazy" attorneys will try to bait you into reacting rashly and disclosing confidential information or otherwise acting unethically.  Do not fall for this.  Remember, no case and no other attorney is worth your integrity or your license to practice law.
  3. Keep the record intact and concrete.  If you must deal with a "crazy" opposing counsel, you may find that he or she is twisting your words from phone calls or in-person statements.  With these type people, it is best to request that all communications be in writing.  Short of recording conversations, which raises some ethical concerns as well as some legal concerns in certain jurisdictions, this is the only way to make sure your words and statements can be reproduced later in their original context.  Better yet, it makes even the craziest of attorneys think a bit more before they send something your way.  If you need to eventually report the "crazy" attorney to a disciplinary authority or the court, a solid record will be your best friend.
  4. Keep your own sanity intact.  If you are getting frustrated with another attorney, give yourself a break from him or her if possible.  Purpose yourself to not engage with the frustrating individual for 2 days, 3 days, or a week.  This will give you time to recharge, refocus on other matters, and carefully evaluate your next move.  You may also enjoy life a bit more, too.  The last thing we all need is another burned out and crazy (?) attorney roaming the courthouse.
  5. Keep your reputation intact.  Do not let a "crazy" attorney on the other side or on your side change who you are.  If you are a "nice" attorney that routinely extends professional courtesies, do your best to treat the "crazy" attorney in the same way as you treat other attorneys.  Some crazies can be cured with kindness -- these are usually the ones that are just burned out and jaded.  If you are an aggressive, bulldog litigator, do not second guess your strategy.  Keep the moving forward.  If the crazy attorney affects how you practice law on a daily basis, they have won.  If you're not careful, you will let the crazies bring you down to their level.  You are better than that.
In sum, be careful with "crazy" attorneys, but don't be bullied.   Cluck, cluck.

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iPad App Review: iAnnotate PDF (Version 1.1.1)

Posted by wlansden | Filed under ,

By Brian Malcom

I purposefully did not review the first release of this software.  The iPad had just hit stores, and I did not want to be too quick to judge software developers that were still working out the kinks.  I am glad I reserved judgment.

The first release of this app was somewhat buggy.  For instance, the app would frequently crash when reviewing “large PDFs” (greater than 10 MB).  You could not email a PDF to yourself once you made annotations.  You were forced to sync it with a desktop companion via WiFi.  On that topic, trying to transfer large files to or from your desktop was tedious and downright impossible by WiFi transfer.  To be fair, I am not sure if I should blame Aji, the developer of this app, for the WiFi transfer problems or Apple.  Apple has acknowledged that the iPad has a WiFi software problem that will be fixed in the next update.  I just know it did not work well.  Now, you can sync large documents using the iPad’s USB cable.  This is much more stable.  You can also email marked-up files to yourself now.

This newest release addressed some of my frustrations with the first version, and I saved a whopping $2.00 by being an early adopter.  The price of the app was $7.99 when it was first released.  It is now in the App Store for $9.99.  All in all, I would now recommend that attorneys download this app for their iPad.

According to developer’s site, the newest version has the following features: 

  • A complete annotation system: Text Notes, Highlight, Underline, Free-Form Drawing, Bookmarks, and more. An intuitive interface allows for viewing and editing annotations without leaving the document reading view.
  • Full-featured PDF reader: Continuous-scrolling page display with all standard scroll/zoom gestures supported, and full-screen reading mode. Edit mode now supports two-finger scrolling.
  • Easy transfer of PDFs: Send and receive PDFs via email, through iTunes sync, by browsing to any PDF link, or using our free desktop transfer software.
  • Tabbed PDF Reading: Quickly switch between multiple open documents. Tab setup and page locations are always remembered, whether switching tabs or quitting and returning to the app.
  • Fully Customizable Toolbars: Reposition and resize toolbars, and drag-and-drop to configure tools included on each.
  • Comprehensive PDF support: Copy-and-paste text, view existing PDF annotations, support for internal and URL links, and PDF outline/bookmarks support. Fully integrates annotations directly into the PDF.
  • Document and full-library search: Search your entire PDF library to instantly find all documents with any keyword. Tabs sort new, unread, and annotated documents.
  • APS (Aji PDF Service): Free companion desktop application for easy sync with your existing desktop PDF collection. Recommended for large libraries of documents.
  • Aji Support: integrated application help and tips, and top-notch email and forum support.
The following are some ways I find this app useful in the daily practice of law:
  • Review PDFs with the ability to highlight, underline, strike through, or comment on text. 
  • Review PDFs and markup or comment without having to print or find those pesky pens or highlighters. 
  • Store PDFs on the iPad for later review when WiFi is not available or for quick access (i.e. – Local Rules, Rules of Civil Procedure, etc.). 
  • Word search within a PDF with OCR text. 
  • Jump to a certain page in a long PDF, as opposed to thumbing through. 
  • Avoid carrying around heavy binders of documents just in case you need to reference them in a meeting by adding them to your PDF library. 
  • Create bookmarks in PDFs for quick reference later.
Some bugs I still would like to see fixed or some tips for working with the current version are:
  • You can open an email attachment in your iPad inbox in the app, but somewhere in the transfer between the native email application and iAnnotate OCR information is lost.  This limits your ability to highlight text and muse other features of the app that require OCR information.  If, however, you forward the same email from your native inbox to your Gmail account and then use the web download feature of the app to open up your Gmail inbox in the app’s browser, the OCR information (so long as it was part of the attachment to begin with) is retained.  I am not sure why the OCR information is lost in direct translation from the native inbox to the iAnnotate app, but I sure would like to see that feature fixed soon.  Until then, I will have to take those extra steps if I am away from my computer.
  • Writing with your finger using the pencil feature is still a little tricky.  My penmanship is not quite as lovely using the tip of my finger as it is when I use a pen or pencil on paper.  Although, it does help to pinch-zoom in on the document and give yourself a little more room for error.
  • I would like to see a render feature in the app.  In other words, I would like to be able to “print” my annotations to an new image of the PDF document to ensure that others will be able to see my comments and markups with ease and to make sure my opposition cannot modify my changes. 

Overall, I think this app is heading in the right direction. If you routinely review and markup PDFs, this app could make your “office” even more portable and save some back strain and trees in the process.

If you have used the app or have questions, feel free to comment below.  Here are some screenshots.

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Don't Judge a Book by its OOTO Message

Posted by wlansden | Filed under ,
By James Bowden

True story – I was sitting on a plane on my way back from vacationing in Italy last week when I came across an article in the Financial Times about my automatic out-of-the-office reply.

Well, OK, it isn’t about my message specifically; the article is more of a diatribe criticizing people who leave such messages as lazy, useless, irresponsible, passive-aggressive corporate payroll dead weights (who apparently can be identified by the elastic in their waist bands), and suggests that they either a) keep their smart phones cranking and remember not to mistake vacation as time away from work; or b) join the unemployed in the breadlines.  Ouch.

I think the author is a) flat wrong; and b) insane.  The reason I set an out-of-office message when I go on vacation is to let clients and co-workers know that I will not be responding to emails as rapidly as I normally would.  You know, because I might be on an airplane, or in a different time zone, or eating a nice meal, or doing something that might damage my precious Blackberry like going for a swim.  But if something is truly important, I’ll get to it as soon as I can given the circumstances.  I don’t think that makes me a bad lawyer, or suggests that I am not dedicated to my clients or my career.  Actually, I think it indicates the opposite.

An out-of-the-office message provides immediate feedback to a client; the certainty of knowing that someone you are looking for is out of the office surely beats the uncertainty of sending an email which is not promptly returned.  If a client is facing a crisis or something time-sensitive, an out-of-the-office message keeps a client in control of their situation (and here’s a hint – a good out-of-the-office message always provides a way to reach you in an emergency).  Finally, an out-of-the-office response may help mitigate the risk of being subject to a common complaint registered by clients against attorneys – that the attorney does not communicate with them.

So, to summarize, Tuscany was amazing (see picture) and a certain contributor to the Financial Times may have an unhealthy obsession with trouser waist bands and/or have gone totally bonkers, likely as a result of working without a holiday for too long. 

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