One of the most common mistakes that law firms make when they upgrade technology is that they don’t do their homework or pay the smartest kid in class to do it for them. We saw in one of my previous columns that it’s critical to understand the problem you’re solving, and it’s just as critical to make sure you understand how the technology you’re moving to is going to solve that problem.

The Map is Not the Territory

Part of the problem firms have in evaluating how well a particular bit of technology is going to solve their problem is . . . [more]

In this electronic age, many governments are trying to increase their capacity to use information and communication technology, and many citizens expect to deal with their governments electronically. It is natural that attention has turned to using these technologies for voting.

In the United States, in the wake of the problems with old-fashioned voting systems in the 2000 presidential election, many people have been tempted to push voting into the computer age. Congress voted large sums to help states do just this.

However, in its year-end review of 2003, Fortune magazine called electronic voting the “worst technology of the year”. . . . [more]

To PPT, or Not to PPT (In Court), that is the question:

After my last column Lloyd Duhaime, a renowned Victoria lawyer and humourist (read his book Hear! Hear!) wrote to say how disappointed he was when he used PowerPoint (PPT) in court. The disappointment came when the judge raced (as in read) ahead in his PowerPoint thus missing Lloyd’s no doubt persuasive submissions.

This highlights the downside of PowerPoint: it is not a good medium to carry a text message.

Well to all the Lloyds’ out there, here’s how you can use PowerPoint successfully: CUT THE TEXT!

Use PowerPoint . . . [more]

Two years ago, we began to say in lectures that we had seen a 200% rise in the number of cell phones passing through our forensics lab. Today, we are beginning to say that the increase is more like 500%. And it isn’t primarily standard cell phones – virtually all of the phones are smartphones. 

We’ve checked with others in our industry and they confirm that they are increasingly seeing smartphones as a source of electronic evidence. In particular, deleted e-mails and deleted text messages seem to be in play. It often seems that evidence which is missing from workstations . . . [more]

Ted Tjaden (August 20), Mark Lewis (September 3), and Shaunna Mireau (September 9 and September 14) have already posted on the McGill Law Journal’s Canadian guide to uniform legal citation, 7th ed. (Toronto: Thomson Carswell, 2010), and many others have commented. Here are a few additional links, just for reference:

• lawjournal.mcgill.ca
• Library and Archives Canada Amicus No. 38179070
• Carswell pub. no. 1852 (hardcover)
• Carswell pub. no. 1853 (softcover)

I hope it’s not too late to add a few words of my own. I thought I should hold off until I had actually seen . . . [more]

The availability of secured connections and applications on the Web means potentially safer online law practices. Opt for using secure connections and develop a habit that can limit exposure of your work product and client confidences. You can do this by making some small modifications to your Web activities.

Let’s start simply. If you’re like most people, you sometimes find yourself at the Google Web search engine. Ever typed in something related to a client in Google? If you did that over an unencrypted coffee shop (or home!) wireless network, your search is being transmitted in plain text. Google now . . . [more]

Unless the technology makes buyers’ lives dramatically simpler, more convenient, more productive, less risky, or more fun and fashionable, it will not attract the masses no matter how many awards it wins…Value innovation is not the same as technology innovation.
–W.Chan Kim and Renée Mauborgne, Blue Ocean Strategy, page 120.

This is a column about legal technology, but sometimes legal innovation involves creating new business models that have little to do with technology. One such business model is called Lawyers Real Estate.

Peter Mericka is a Melbourne-based lawyer who is revolutionizing the sale of real estate in Australia. . . . [more]

Before giving legal effect to any piece of information, people want to know whether the information can be trusted. What is this information? Where does it come from? How sure must they be of the answers to those questions?

At a basic level these are not even legal questions. They are not addressed particularly to the content of the information, though the content can help answer them. They are about the medium and not the message. They are questions of authentication.

Authentication questions apply to information in any form and in any medium. Electronic documents do not need ‘more’ or . . . [more]

Most law firms use Microsoft Outlook and most people only think of it as an e-mail client that happens to have a calendar stuck on it. In reality though, Outlook, especially Outlook 2007 or newer, is quite a bit more than that.

Outlook 2007 introduced the “To Do Bar” – a panel on the right side of the screen when you’re looking at the Inbox – that shows you the next couple of appointments on your calendar as well as any tasks or flagged e-mails that you may have. It’s the ability to flag e-mails for follow-up that I want . . . [more]

Your first high tech trial need not be an ordeal. With a little will power, ingenuity and preparation you can successfully launch your litigation into the late 20^th century.

Start with a little mental preparation. Tell yourself (repeatedly if it helps) the one universal truth about courtroom technology: IT IS NOT ROCKET SCIENCE. If your confidence needs a further boost reflect on how well you mastered other first encounters with technology: riding a bike, driving a car, resetting the clock on your VCR. If you succeeded in at least one of these struggles you are ready for courtroom technology.  . . . [more]

“Sharpen the Saw” was #7 on Stephen Covey’s list of the habits of “Highly Effective People” The main point was that effectiveness requires continuous attention to self renewal and maintenance. The same applies to the technology systems we often just take it for granted. It is easy to go months without turning our minds to the mundane task of taking the time to keep it all working well. 

When an unexpected “disk full” situation arose recently the subject got my attention very quickly. A user “whoops” had inadvertently moved a large number of files. They seemed to . . . [more]

I drift along sometimes, dreaming that maybe I can stop learning new technical things for a while and actually use a few technologies to finish some long-term projects. Then something comes along to wake me up. One of the more recent of these wake-up calls came with the announcement of Apple’s iPad. People were complaining that it didn’t support Adobe Flash content.

I don’t generally pay a lot of attention to either Apple or Adobe, because I tend not to associate either one with open standards or open software. That’s just a bias though, and life is never that simple. . . . [more]