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Inside Federal Appellate Courts Plus 65 More Must-Reads

By Kathryn Hughes | Monday, January 23, 2012

Coming today to LitigationWorld: Our editorial team has selected and linked to 66 articles from the past week worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

Example of a Closing Argument Using PowerPoint Slides

Relevance: The Most Important Limitation on Discovery Abuse?

Fear is Not a Valid Objection to Search Terms

Erasing the Past on Facebook Can Result in Costly Sanctions

Congratulations to Marin K. Levy of the Duke Law Journal on winning our LitigationWorld Pick of the Week award: The Inner Workings of the Federal Appellate Courts

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

Silk Deposition Services: Read Our Exclusive Report

By Neil J. Squillante | Monday, December 12, 2011

Today's issue of TL NewsWire covers a high-tech court reporting service (see article below), a new Microsoft technical support site, and ipad document management app, an email marketing utility, and a web analytics service. Don't miss the next issue.

Court Reporting Goes High Tech for Less Money

Court reporting companies once consisted of mom and pop shops that competed by giving lawyers gifts like invitations to swanky holiday parties and hot tickets. I know because as a young litigation associate I once got the plumb assignment of sending requests for proposals to these companies for a multi-defendant litigation that would have required 60 or so depositions had it not settled for $60 or so million. Of course, I tried not to let all the attention influence me, but back then these companies didn't differ from one another all that much. The times have changed. Increasingly, court reporting companies now offer their own technologies rather than gifts to give them an edge.

Silk Deposition Services … in One Sentence
Silk Deposition Services is a litigation support company that focuses on developing proprietary technological solutions and services for the legal community, with a specific emphasis on reducing costs.

The Killer Feature
Many court reporting services charge per page. With the help of an advisory board of litigators, Silk developed a new format for transcripts that increases the density of words on each page while improving readability over standard transcripts, resulting in a savings of 20-25% per page versus its competitors, according to the company. Silk also provides many complimentary services, including customizable binding options and a deposition CD loaded with the transcript in all the common formats.

"In today's very challenging economic climate there's no reason for a law firm of any size to throw away money on litigation costs," Silk Deposition Services Senior VP of Business Development David Kennedy told us. "Our clients tell us that our Silk transcript format reduces their costs while providing a quality product. They love it."

Other Notable Features
Silk offers a number of other deposition technologies. For example, the company can summarize your transcript for you at a lower cost than hiring a contract paralegal (plus it's a hard cost that you can bill to clients). Its WIN Depo technology creates a secure WiFi network (if none exists already) in the room in which your deposition takes place, enabling you to access the Internet and take advantage of realtime services.

SilkWeb is an online repository in which Silk securely stores all your transcripts at no extra charge. SilkWeb also provides tools for color coding and annotating transcripts as well as sharing work with third parties. You can also schedule depositions, view your upcoming and past depositions, and download invoices. If you have a deposition in New York but don't live there, the "Sleep N' Save" feature enables you to book a hotel room as part of a package deal (Silk Deposition Services has arrangements with several hotels at special rates).

What Else Should You Know?
Silk Deposition Services offers its court reporting services on three continents with offices in New York City, London, and Israel. In the United States, it has court reporters in all major metropolitan areas. Learn more about Silk Deposition Services.

How to Receive TL NewsWire
So many products, so little time. In each issue of TL NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The newsletter's innovative articles enable lawyers and law office administrators to quickly understand the function of a product, and zero in on its most important features. The TL NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | TL NewsWire

A Veteran Litigator Reviews TextMap 6

By Kathryn Hughes | Tuesday, November 22, 2011

Coming today to TechnoFeature: All the talk about ediscovery these past few years makes it seem like that's the only important evidence. However, many smoking guns still reside in testimony because people say the darndest things even after being coached by their lawyer. If you're still reviewing transcripts on paper, we'd like to gently remind you that we're 12 years into the new millennium. It's time for a better tool. In this issue of TechnoFeature, 38-year (not 38-year old) Oakland lawyer Jeffrey Allen reviews TextMap 6, a transcript management program. Jeffrey has used all six versions of TextMap so you won't find a more insightful review than this one.

How to Receive TechnoFeature
Our flagship newsletter never disappoints thanks to its in-depth reporting by leading legal technology and practice management experts, many of whom have become "household names" in the legal profession. As a result, TechnoFeature offers some of the most profound thoughts on law practice, and helpful advice about legal-specific products. The TechnoFeature newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | TechnoFeature

SmallLaw: Revisiting the Super PIM: CaseMap, OmniOutliner, and Zoot XT

By Yvonne Renfrew | Tuesday, October 11, 2011

Originally published on August 9, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

At the risk of being accused of sexism, I suspect female SmallLaw subscribers are more conversant than readers of the male persuasion with the concept of "shopping in your closet." But with hard times for many solo and small law firms (not to mention your stock portfolio), "shopping in your software closet" may, at least in the short term, prove a wise option.

This particular trek down memory lane may revive not only fond memories of software long since abandoned, but in fact may restore to your consciousness a particular species of software much needed, but which was not yet ready for primetime when you originally purchased it at Egghead on floppy diskettes.

A History of the PIM and Super PIM

Take personal information managers for example. The DOS program Sidekick — a "TSR" (terminate and stay resident) program now long-since dead and buried — was perhaps the first widely used PIM, and although fairly rudimentary in its functions, it laid the inspiration for what was to come.

The ensuing history of PIMs is littered with the dead and dying remains of a special breed that actually went far beyond serving as repositories for addresses, telephone numbers, appointments and the like thanks to "customizability." With these programs, we could actually organize our information in a way that made sense for our law practice rather than in a manner dictated by the software publisher. Let's call these "Super PIMs."

Foremost among the now nearly extinct Super PIMs (more below on the survivors) may be the well-loved and greatly lamented Ecco Pro. Originally written by Robert Perez and Pete Polash, founders of Arabesque software, Ecco Pro was later sold to NetManage, which (despite Perez's continuing involvement) ceased further development of the software in 1997 (see the TechnoLawyer Archive for several Ecco Pro eulogies).

Ecco Pro was the finest, most versatile, and most powerful information manager easily accessible to the rank and file of computer users (as opposed to the technologically elite who could master the much steeper learning curves of more demanding idea and information managers such as Lotus Agenda — not to be confused with Lotus Organizer — and GrandView).

Ecco Pro was and, thanks to a cult following, remains a strong favorite of software cognoscenti. Although it served also as a repository for the usual contact and appointment information, its greatest value was found in its outlining function, which permitted assigning any outline item to nearly any number of "categories," which could (at the user's option) be shown as columns containing information of specified kinds (e.g., text, dates, drop-down choice lists, check boxes) about any (or all) individual items appearing in the outline, and could link any outline item to any external file.

Among its many other features, Ecco Pro installed an icon (the "Shooter") into other programs so that you can add text highlighted in the other program to your Ecco Pro outline. And better yet, the information stored in Ecco Pro could be synchronized with the then nearly ubiquitous PalmPilot hardware PIMs. The software has languished for more than a decade. Yet so fanatical are Ecco Pro die-hards that volunteers have continued to develop and update the program (including a 32-bit architecture), which remains available for download.

A visit to this page is worthwhile regardless of your interest in Ecco Pro as it will show you what really good software was like "back in the day," and will doubtless answer any questions you may have as to why so many thousands of very experienced users still quest for "modern" software that will live up to the standards of usability and value so long ago set by Ecco Pro.

The demise of Ecco Pro was blamed by many (including the publishers of Ecco Pro themselves) on Microsoft's decision to bundle Outlook with Office at no extra charge. And while that was undoubtedly part of the problem, Ecco Pro also failed by marketing itself as merely a fancy PIM to lawyers and others then lacking technological sophistication sufficient to permit them to appreciate that the value and functionality of the product went so far beyond that of supposedly "free" Outlook that the two might as well have originated on different planets.

Other legendary Super PIMs are similarly admirable, although not as realistically usable in today's law firm even if still available. For example, the remarkable DOS-based Lotus Agenda written by Lotus co-founder Mitch Kapor was described by Scott Rosenberg in his excellent article reviewing the evolution of PIMs, From Agenda to Zoot as the "granddaddy" of the free-form PIM. If you're still grokking DOS, you can dowload a copy.

Agenda was abandoned by Lotus after only a single upgrade in favor of the inferior (but more easily marketed to the masses) Lotus Organizer — a move that contributes to my view of Lotus as a company with the "reverse Midas touch" given the number of excellent programs that met their demise under the company's stewardship.

Symantec, another software publisher I regard as too often traveling in the wrong direction on the road between the ridiculous and the sublime, was also a player in the Super PIM arena with its 1987 acquisition from Living Videotext of the excellent outlining and information management software GrandView. Symantic, however, then beset by financial difficulties and the exodus of the founders of Videotext, discontinued the product in the early 1990s.

Back to the Future: Today's Super PIMS

While the Super PIMs never attained mass market appeal, they paved the way for Super Specialized PIMs — databases with a friendly user interface designed for a specific type of information. For example, LexisNexis' CaseMap is a Super Specialized PIM on which I rely to manage the information in my litigation matters. Sadly, the price of CaseMap has rocketed into the stratosphere, and thus unattainable for many new solos.

But what if you're not a litigator? Or what if you are a litigator who needs to store non-litigation information? Fortunately modern-day Super PIMs of the general variety still exist. You may not have heard of these products, but it's likely that one of them could boost your productivity at a relatively low cost.

Among present-day heirs apparent, look for Zoot XT soon (TL NewsWire will no doubt keep you apprised of its launch). Zoot was very slow to blossom into the Windows era (having long retained a rather DOS-like look and feel), and has only just recently become a 32-bit product now that we live in a 64-bit computing world.

Zoot is pretty much a one-man-show — that man being Tom Davis of Vermont. While this might seem like a downside at the outset, Zoot's survival suggests that big-company backing may not be such a big plus after all. And Zoot certainly enjoys strong (nearly cultish) user loyalty and support. I will review Zoot XT here in SmallLaw shortly after it becomes available.

What's that? You use a Mac? Once in a while, a software program makes me question my dedication to PC over Mac. OmniGroup's OmniOutliner is just such a product. Catering to my Ecco Pro nostalgia (but in the most thoroughly modern way), OmniOutliner permits the creation of columns, each of which can contain different kinds of information (e.g., pop-up list, checkbox, numerical value, dates, duration, text, and even calculated values) concerning the corresponding outline item. You can separately format rows and columns. And a batch search will instantly collect all instances of a specified search term. You can embed or link to any type of file online or off. The Pro version even records audio. In short, OmniOutliner is the 2011 reincarnation of Ecco Pro — only better.

Obviously, I have hard choices in my immediate future. Should I buy a Mac for this killer app, and install and run VMware Fusion for all my Windows software, or just use the iPad version of OmniOutliner, which in its present iteration, falls far short of its Mac counterpart?

Software Lessons for Small Law Firms to Heed

The moral of this story is that "newer" is not always "better." "Old" software need not necessarily be abandoned on an ice floe — at least until a truly capable replacement arrives to save the day. And most importantly, good ideas never die though they may take a decade or two to realize their full potential and attract a large enough audience to support them.

Written by Yvonne M. Renfrew of Renfrew Law.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Business Productivity/Word Processing | Litigation/Discovery/Trials | SmallLaw

How to Produce Gmail for Discovery; Dual Monitors; PDF Security Tip; Reviews of QuickFile, SimplyFile

By Kathryn Hughes | Thursday, October 6, 2011

Today's issue of TL Answers contains these articles:

Steven Finell, How To Produce Gmail Email For Discovery

Ian Page-Echols, How To Move Applications Around On Two Monitors

Rick Borstein, How To Create An Image-Only PDF File (And Why You Shouldn't)

Richard Schafer, Review: QuickFile V. SimplyFile

Don't miss this issue — or any future issues.

How to Receive TL Answers
Do you believe in the wisdom of crowds? In TL Answers, TechnoLawyer members answer legal technology and practice management questions submitted by their peers. This newsletter's popularity stems from the relevance of the questions and answers to virtually everyone in the legal profession. The TL Answers newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Business Productivity/Word Processing | Coming Attractions | Document Management | Email/Messaging/Telephony | Litigation/Discovery/Trials | Monitors | Privacy/Security | TL Answers | Utilities

ActionStep: Read Our Exclusive Report

By Neil J. Squillante | Monday, September 26, 2011

Today's issue of TechnoLawyer NewsWire covers a workflow-centric practice management system (see article below), a new social network, free federal rules ebooks, a service for improving the bio and contact pages on your web page, and a free iPad app for business news videos. Don't miss the next issue.

A Money-Making Action

Regardless of the size of your law firm, your personnel fall more or less into two categories — stars and proteges. Your clients pay for the legal prowess of your stars. If we were talking about products, you would cease production of your proteges, and increase production of your stars. But we're talking about people. Even stars have to eat and sleep once in a while. But you can leverage your stars. The secret lies in transforming their legal expertise into repeatable workflows, enabling them to oversee the delivery of legal services rather than performing such services from scratch each time.

ActionStep … in One Sentence
ActionStep is a workflow-centric practice management system for law firms

The Killer Feature
Most practice management systems capture information such as court deadlines and time billed, but they don't capture your workflows. By contrast, ActionStep has placed a workflow engine at its core.

ActionStep enables you to create a series of steps for your staff to follow for any type of matter — bankruptcy filings, creation of a corporation, immigration applications, real estate closings, etc. For each step, you can configure ActionStep to automatically assign tasks to various staff members, send automatic email messages, require entry of specific information, make selected document templates available, and more.

Your staff cannot move a matter to the next step until the mandatory requirements have been met, thereby providing you with the peace of mind of knowing that your client requests are handled in a consistent manner using the workflow you conceived.

"Firms using ActionStep generally experience a 20% increase in productivity," ActionStep CEO Ted Jordan told us. "In real terms that means you could free one day per week per employee."

Other Notable Features
ActionStep is a secure cloud application so you can use it in any web browser. Given its emphasis on workflows, ActionStep includes document assembly technology that enables you to instantly generate documents using your matter data. It's even smart enough to use the correct pronouns (he/she) based on the gender of your client and others mentioned in a document.

ActionStep includes everything else you would expect from a practice management solution — time tracking and billing, budgets, file notes, contacts, calendar, email, and full accounting functionality. It also offers sales pipeline tools for managing your marketing initiatives and an intranet for internal knowledge management.

What Else Should You Know?
ActionStep costs $60 per user per month with no minimum term and includes technical support. You can purchase initial system configuration, data import, and training on a contract or hourly basis. Learn more about ActionStep.

How to Receive TechnoLawyer NewsWire
So many products, so little time. In each issue of TechnoLawyer NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The "In One Sentence" section describes each product in one sentence, and the "Killer Feature" section describes each product's most compelling feature. The TechnoLawyer NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | TL NewsWire

LexisNexis Early Data Analyzer: Read Our Exclusive Report

By Neil J. Squillante | Thursday, September 15, 2011

Today's issue of TL NewsWire covers an ediscovery culling and collection tool (see article below), a new flight search engine, an Autonomy Worksite add-on, a mobile web browser, and a dual-display laptop. Don't miss the next issue.

Cull Electronic Documents Where They Reside

In every disaster movie, the hero always asks the same question when he gets involved: What are we dealing with here? Litigators ask the same question about each new case. Because document discovery is the most costly component of complex litigation, it's especially important to get a sense of its scope as early as possible. However, even custodians may not have a good understanding of their own documents and email, which means that you as in-house or outside counsel have to guesstimate. Talk about a dicey situation that would benefit from software.

LexisNexis Early Data Analyzer … in One Sentence
LexisNexis Early Data Analyzer is a data assessment tool that enables litigation teams to understand the scope of discoverable documents, and reduce the amount of data they need to store, process, and review.

The Killer Feature
LexisNexis Early Data Analyzer aims to simplify the complex task of data assessment. It enables you to filter, search, and index data at the original source location — on network servers, computer hard drives, etc. This capability eliminates the need to spend money copying the files and moving them to a separate storage space for processing. Essentially, you can identify and process relevant data at its source in a defensible manner (it does not change document metadata or otherwise cause spoliation).

"LexisNexis Early Data Analyzer is another major step forward in our strategy of providing robust litigation workflow products to our clients," LexisNexis' Vice President of Litigation Tools, Services & Hosting Deborah Jillson told us. "Initial users report that it keeps their ediscovery costs in proportion to the size of the case. Just as importantly, this offering allows litigators to feel confident they have their hands on the most relevant electronic documents." LexisNexis claims that Early Data Analyzer can save up to 80% of the time and costs typically involved in ediscovery.

Other Notable Features
Early Data Analyzer doesn't just give you a sense of the scope of relevant documents, it also enables you to cull on the fly (eliminate irrelevant and duplicate documents using various filters such as date, file type, metadata, etc.). The software can process, on average, between 15 to 20 GB per hour per core depending on an organization's hardware.

LexisNexis does not charge per gigabyte. Various reports in Early Data Analyzer enable you to predict the costs and risks of a case so that you can decide how to proceed long before any pretrial conferences take place.

What Else Should You Know?
Early Data Analyzer integrates with LAW PreDiscovery, the latter of which you can use to combine electronic files with scanned documents to create a load file for your document review software. Learn more about LexisNexis Early Data Analyzer.

How to Receive TL NewsWire
So many products, so little time. In each issue of TL NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The "In One Sentence" section describes each product in one sentence, and the "Killer Feature" section describes each product's most compelling feature. The TL NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | TL NewsWire

Burney Reviews West Case Notebook 2.5

By Kathryn Hughes | Tuesday, September 6, 2011

Coming today to TechnoFeature: With all the focus on ediscovery, many legal vendors seem to have forgotten that there's more to litigation than document review. But not Thomson Reuters. The company's Westlaw Litigator suite of products focuses on ediscovery as well as all the other aspects of litigation. In this TechnoFeature article, independent ediscovery consultant Brett Burney reviews West Case Notebook, one of the products in this suite. West Case Notebook enables you to organize the key facts and issues in your cases — characters, legal research, transcripts, exhibits, etc. — to help you develop insights and prepare for depositions, settlement conferences, and even a trial if necessary. As always, Brett has written a comprehensive review that will help you make a decision.

How to Receive TechnoFeature
Our flagship newsletter never disappoints thanks to its in-depth reporting by leading legal technology and practice management experts, many of whom have become "household names" in the legal profession. It's in TechnoFeature that you'll find our oft-quoted formal product reviews and accompanying TechnoScore ratings. The TechnoFeature newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | TechnoFeature

A Lawyer's iPad Story; eDiscovery Rant; What's Missing; Reviews of Flipboard, Zite, iFilter

By Kathryn Hughes | Friday, August 19, 2011

Today's issue of Fat Friday contains these articles:

Harry Steinmetz, Review: An IPad In A Criminal Defense Practice

Gerard Haubrich, Reviews Of Flipboard And Zite On The IPad

Theo Rand, Is Electronic Discovery Highly Technical? No. Here's Why.

Thomas F. McDow, What's Missing From The Legal Internet

Mark Raby, Review: WordPerfect IFilter For Searching WPD Files

Don't miss this issue — or any future issues.

How to Receive Fat Friday
Our most serendipitous offering, Fat Friday consists of unsolicited contributions by TechnoLawyer members. You'll no doubt enjoy it because of its mix of interesting topics and genuinely useful knowledge, including brutally honest product reviews and informative how-tos. The Fat Friday newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Business Productivity/Word Processing | CLE/News/References | Coming Attractions | Entertainment/Hobbies/Recreation | Fat Friday | Laptops/Smartphones/Tablets | Litigation/Discovery/Trials

Review: Digital WarRoom Pro v. 8.1

By Kathryn Hughes | Tuesday, August 16, 2011

Coming today to TechnoFeature: Usually, lawyers lag technology, but the reverse is true in litigation today. Electronic discovery software costs too much for cases that involve just a few thousand documents and email messages. And yet courts are sanctioning litigators left and right for electronic discovery faux pas despite their clients' limited budgets. In this issue of TechnoFeature, eDiscovery consultant and computer forensics expert Bruce Olson reviews Digital WarRoom Pro. Released earlier this year, Digital WarRoom Pro aims to make the three essential components of eDiscovery — processing, reviewing, and producing email and other electronic documents — affordable. Does Digital WarRoom Pro deliver on its promise? Read Bruce's review to find out.

How to Receive TechnoFeature
Our flagship newsletter never disappoints thanks to its in-depth reporting by leading legal technology and practice management experts, many of whom have become "household names" in the legal profession. It's in TechnoFeature that you'll find our oft-quoted formal product reviews and accompanying TechnoScore ratings. The TechnoFeature newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | TechnoFeature
 
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