Is a technophobe litigator who fails to take advantage of courtroom technology negligent? Can a litigator’s failure to use courtroom technology amount to negligent breach of duty when the case fails?

Why not?

We expect professionals to be aware of, and use, the most modern of methods. We most certainly demand this of doctors.

Imagine an old heart surgeon refusing to use current technology, preferring to launch into open heart surgery the way it was done in the ‘old days’. The doctor might rationalize it this way, “well it was good enough to operate on hearts without modern technology in . . . [more]

We often bemoan that lawyers don’t take seriously their duty to understand e-discovery. Today we tackle another subject that attorneys seem to avoid, often to their peril as they step on virtual cow pies. Social media is so pervasive that ignoring its legal implications is (we think) simple incompetence. Now that the active Facebook user population is more than 400 million globally (more than the U.S. population), it is clear that the social media phenomenon is here to stay.

Not only do lawyers need to understand the upsides and downsides of social media for their clients – they need to . . . [more]

Lawyers are asking the wrong question when they wonder whether to upgrade their operating system (OS) to Microsoft Windows 7 or stay at Windows XP or Vista. If you’re upgrading, the question should be what are ALL my options? Now that Microsoft issues its operating system in so many versions that you need a score card to keep track of which does what – did you know that Windows 7 Starter for netbooks even locks down your wallpaper – you might as well compare them to other alternatives. The legal technology world has changed a lot since you installed that . . . [more]

Or, perhaps more importantly, where is your client’s stuff? Software-as-a-service (SaaS) is a hot topic for a lot of businesses, and the legal profession is not exempt from its impact. It can be defined in a variety of ways and is part of what is commonly known as cloud computing. At its essence, you license access to software that is installed on a computer outside your office and you access it over the Internet. All of the data you enter into the software – e-mail, appointments, letters, depositions – is stored on that remote computer. SaaS services are accessed through . . . [more]

The issue of e-mail management is now old hat for anyone involved in the practice of law. Rather than asking whether lawyers use it, it is a story when lawyers choose not to use it. The world has grown more complicated, though, as we try to figure out where to place our energy integrating new technologies, like Twitter or Google’s Wave, into our work. Even our choices about how to use e-mail have expanded.

E-mail often reminds me of books. It is a technology that, for all its faults, remains a tremendously useful way to share information. More importantly, there . . . [more]

If I was honest with you, I would admit that I read with glee the flurry of news reports noting that Facebook and other Web 2.0 media (such as Twitter, Yammer, and Friendfeed) had surpassed email as the preferred form of communication particularly for teens and young adults today. If you pardon the pun, the inner geek in me let out a loud Yahoo!

For years I have been struggling with the notion that email had become the place to work for many lawyers. It seemed that a bad technology had taken root to the point that it would be . . . [more]

Earlier in the year, I came across an article in New Scientist titled “Forgetfulness is key to a healthy mind”. In this article a case was described:

A 42-year-old woman from California, AJ remembers every day of her life since her teens in extraordinary detail. … AJ is locked in a cycle of remembering that she describes as a “running movie that never stops”. Even when she wants to, AJ cannot forget.” … “She described her constant recall as “non-stop, uncontrollable and totally exhausting” and as “a burden” of which she was both warden and victim.

The syndrome . . . [more]

From time to time fellow Slawyers wax poetically about the paperless office (or the not-so-paperless-office). Seems to me most of us view it as the unattainable holy grail. However, while it is hard for most large firms to envision making the break away from all of the paper we generate, I think it is something we all owe in an increasingly environmentally conscious world.

Remember the promises of the new technology: three or four day work weeks; robotic servants cleaning our houses and serving us daily; and then again, the Paperless Office. The new technologies — the personal computers, personal . . . [more]

When talking about free / open source software, I am often surprised at the number of people today who still say to me – “if it is free it cannot be of any value”. Or those who ask – “what exactly is open source software?”. If you pardon the shameless use of the phrase, “long live free software” (or “vive le logiciel libre!”) ought to be the battle cry of the free software movement. Indeed, although not put that way by most proponents, that is the general sentiment.

What is free software? The Free Software Foundation maintains a definition of . . . [more]

One of the things that surprised me when I started working with law firms is that most firms and most tech people ask one question repeatedly that seems to stifle innovation and the development of new concepts and ideas. When presented with something new, most ask: “which other law firm is doing this?’ While this makes some sense and provides a way of weeding out wacky ideas with no traction, it also limits innovation and creativity. What about ideas emanating from other professional service firms? Other service firms? From industry in general?

Take for example the semantic web:

• “…

About eight years ago, I toured the country with a number of seminars conducted by the Delphi Group on corporate portals. Portals were quickly becoming an option for corporations (including law firms) and the market was raging with a number of portal vendors. Most of these are not around today as consolidation and evolution of the concept saw mergers in the industry, and many early entrants didn’t make it through the first few laps. But I was impressed then, and still am today, with the basic concept Delphi had developed and with their framework for thinking about and building portals. . . . [more]