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Little-Known Trial Strategies Plus 66 More Must-Reads

By Kathryn Hughes | Friday, August 22, 2014

Coming today to LitigationWorld: Our editorial team has selected and linked to 67 articles from the past two weeks 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.

Supreme Court Haiku

Discovery Lessons From Your Mother

Courtroom Technology in Rural Kentucky

Privilege Not Waived on Purchased Computer

Congratulations to Thomas M. O’Toole of Sound Jury Blog on winning our LitigationWorld Pick of the Week award: Trial Strategies That Most Litigators Don't Know About

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: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld | Technology Industry/Legal Profession

Lexis for Microsoft Office 4.2: Read Our Exclusive Report

By Neil J. Squillante | Wednesday, August 20, 2014

Today's issue of TL NewsWire covers software that adds legal research and litigation drafting tools to Microsoft Office via the Ribbon (see article below), a scanner rental service, an iPhone time management app, and a cloud practice management system for litigation. Don't miss the next issue.

GIVE MICROSOFT WORD AND OUTLOOK A LAW DEGREE

Microsoft Word and Outlook don't realize you're a lawyer. That's too bad because you spend so much time using these iconic software products. Your usage generates a wealth of data about your cases in the documents you create and the email messages you send and receive. Realizing this, LexisNexis teamed up with Microsoft to help you leverage this data to automate many common tasks.

Lexis for Microsoft Office 4.2 … in One Sentence

Launched recently, Lexis for Microsoft Office 4.2 adds legal research tools to Microsoft Word and Outlook and litigation drafting tools to Microsoft Word.

The Killer Feature

An email message arrives with an attached brief from opposing counsel. You need copies of all the cases and other source materials cited in the brief. Time for a ton of manual labor, right?

Not with the new version of Lexis for Microsoft Office, which adds a button called "Get Cited Docs" to Word's Ribbon. Clicking the button taps into your Lexis Advance account and places all the cited documents into a virtual stack. In addition to reading these materials on your PC, you can print and/or email them (PDF format). You can also apply filters such as displaying negative treatment from Shepard's to start your own research.

Get Cited Docs works with Word and PDF documents. In the latter case, technology from Nuance converts the PDF document into Word format on-the-fly. A document need not arrive as an email attachment. Get Cited Docs can import and then work its magic on any Word or PDF document with citations.

Other Notable Features

Lexis for Microsoft Office also assists you when writing. For example, Check Cite Format checks your citations against the Bluebook, California, or New York rules. It shows your citations in context and suggests corrections, essentially acting like a spell checker. It also updates "Id" citations.

As its name suggests, Check Quotes compares quotes in your document to the source material in Lexis Advance. When it finds a difference, it shows you the original in context and offers you a suggested correction. It works with block quotes and understands brackets and ellipses.

After cleaning up your document with Check Cite Format and Check Quotes, Prepare TOA automates the creation of a table of authorities that it validates against Lexis Advance. Options include adding, editing, and moving headings, separating cases and statutes, separating federal and state sources, and placing party names on separate lines. You can update the table of authorities as often as necessary.

Lexis for Microsoft Office also adds functionality to Outlook by highlighting keywords such as citations, companies, judges, lawyers, etc. Clicking on a highlighted item displays the corresponding court opinion, etc. from Lexis Advance. You can also display search results from Bing and Google as well as run citations through Shepard's.

What Else Should You Know?

Lexis for Microsoft Office works with Microsoft Office 2007, 2010, and 2013. It requires a Lexis Advance subscription. Learn more about Lexis for Microsoft Office 4.2.

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: Business Productivity/Word Processing | Email/Messaging/Telephony | Legal Research | Litigation/Discovery/Trials | TL NewsWire

Review of Pertino Plus Five Google+ Local Tips

By Kathryn Hughes | Wednesday, August 20, 2014

Coming today to SmallLaw: Once upon a time, even solo practices had a file server. Then the cloud arrived. Law firms eschewed buying a "headless" computer given the much lower cost of Dropbox. But law firms eventually realized that Dropbox is essentially a glorified floppy drive. In this issue of Smalllaw, New Jersey lawyer Ed Zohn reviews Pertino. This hosted virtual private network service aims to combine the low cost of Dropbox with the advantages of a file server. Ed lays down the law on whether Pertino succeeds at this balancing act. Also, don't miss the SmallLaw Pick of the Week for five overlooked ranking factors for Google+ Local.

How to Receive SmallLaw
Small firm, big dreams. Written by practicing lawyers who manage successful small firms and legal technology and practice management experts who have achieved rock star status, SmallLaw provides practical advice on management, marketing, and technology issues in small law firms, as well as comprehensive legal product reviews with accompanying TechnoScore ratings. SmallLaw also ensures that you won't miss anything published elsewhere by linking to helpful articles (and podcasts and videos) about solo practices and small law firms. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Backup/Media/Storage | Coming Attractions | Networking/Operating Systems | Online/Cloud | Privacy/Security | SmallLaw

Secrets to Successful Law Firm Mergers Plus All the Inside Baseball From the Past Week

By Kathryn Hughes | Tuesday, August 19, 2014

Coming today to BigLaw: Our editorial team has assembled links to all the inside baseball announced by America's largest law firms during the past week in an easy-to-scan format. You'll also find must-read analysis, rankings, trends, etc. about large law firms.

This week's inside baseball sections link to:

66 press releases about lateral hires, mergers, internal promotions, and all other significant business news.

36 press releases about notable law firm and practice group accolades.

51 press releases about notable individual lawyer accolades.

Congratulations to David J. Parnell of Forbes on winning our BigLaw Pick of the Week award: Secrets to Successful Law Firm Mergers. Here's a sampling of of some other industry analysis from this issue:

New York White Shoe v. London Magic Circle

Baker & McKenzie Surpasses DLA Piper

How to Receive BigLaw
BigLaw keeps you apprised of lateral hires, internal promotions, mergers, new offices, accolades, and other inside baseball at America's 300+ largest law firms by linking directly to their press releases. Thanks to a clever design, BigLaw takes just a few minutes to scan yet its comprehensiveness makes it the only source you need to stay on top of this self-reported news. Each issue of BigLaw also links to insightful articles, statistical reports, podcasts, and videos about large law firms published elsewhere as well as to our detailed product reviews with accompanying TechnoScore ratings. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: BigLaw | Coming Attractions | Law Office Management | Technology Industry/Legal Profession

Your Law Firm's Biggest Competitor Plus 56 More Must-Reads

By Kathryn Hughes | Tuesday, August 19, 2014

Coming today to SmallLaw: Our editorial team has selected and linked to 57 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 SmallLaw Pick of the Week.

Why Lawyers Need Not Fear Disruption

How to Downsize a Solo Practice

Google Just Told You How to Improve Your Rank

How to Make Your Law Firm Stand Out

Congratulations to George Murphy of Lawyernomics on winning our SmallLaw Pick of the Week award: Your Law Firm's Biggest Competitor

How to Receive SmallLaw
Small law firm, big dreams. Written by successful small-firm founders, managing partners, administrators, and legal technology and practice management experts, SmallLaw provides practical advice on management, marketing, and technology issues in solo practices and small law firms. Additionally, SmallLaw features comprehensive reviews of legal products with accompanying TechnoScore ratings. SmallLaw also ensures that you won't miss anything published elsewhere by linking to helpful articles, podcasts, and videos about solo practices and small law firms. Please subscribe now.

Topics: Coming Attractions | Law Firm Marketing/Publications/Web Sites | Law Office Management | SmallLaw | Technology Industry/Legal Profession

How to Sync Any Folder to the Cloud Plus 56 More Must-Reads

By Kathryn Hughes | Monday, August 18, 2014

Coming today to BlawgWorld: Our editorial team has selected and linked to 57 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 BlawgWorld Pick of the Week.

Google Apps v. Office 365

Review: Phoenix Wright: Ace Attorney

The Best Podcast App (Video)

Humans Need Not Apply (Video)

Congratulations to Chris Hoffman of How-To Geek on winning our BlawgWorld Pick of the Week award: How to Sync Any Folder to the Cloud

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of both legal technology and mainstream technology of interest to the legal profession (e.g., monitors, smartphones, scanners, the iPad, and more). But not the only coverage. BlawgWorld enables you to stay on top of all the noteworthy legal and mainstream technology articles (and podcasts and videos) published elsewhere without having to hire a research assistant. Even when you're busy, you won't want to miss each issue's Pick of the Week. Please subscribe now.

Topics: Backup/Media/Storage | BlawgWorld Newsletter | Coming Attractions | Laptops/Smartphones/Tablets | Networking/Operating Systems | Online/Cloud | Technology Industry/Legal Profession

Choosing a Practice Management System; Hosted Exchange Tip; Windows Versus Android Tablet; Review of HelloFax

By Kathryn Hughes | Friday, August 15, 2014

Today's issue of TL Answers contains these articles:

Donald Coker, How to Choose a Practice Management System

Steve Long, Tip: Using Hosted Exchange in Outlook and on iPad and iPhone

Fredric Gruder, Review: HelloFax

Mark Olberding, Windows Tablets Versus Android Tablets for Litigators

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: Coming Attractions | Email/Messaging/Telephony | Laptops/Smartphones/Tablets | Practice Management/Calendars | TL Answers

Why Lawyers Need Not Fear Disruptive Innovation

By Neil J. Squillante | Friday, August 15, 2014

Originally published on August 10, 2014 in our free TL Research newsletter. Instead of reading TL Research here after the fact, sign up now to receive future issues in realtime.

Don't look now but your legal career may soon come crashing down thanks to disruptive innovation. So say some pundits who don't have a good grasp of disruption theory. In this issue of TL Research, you'll learn about all three types of disruption — low end, new market, and professional services — and why none of them threaten lawyers like you. That said, other more mundane risks exist that you must address just like every other business.

Some pundits have tried to put the fear of God into lawyers like you about disruptive innovation. They claim your ability to practice law is at risk. If you want to keep your BMW, you can always become an Uber driver. Just kidding. These pundits are dead wrong. Your law firm may struggle and even die, but the coroner won't list disruption as the cause of death.

Disruption Happens

Disruptive innovation is real. It happens all the time. Harvard Business School professor Clayton Christensen pioneered the theory in his book, The Innovator's Dilemma.

However, pundits who predict doom and gloom for lawyers don't understand disruption theory. For example, they often equate disruption with going out of business. Christensen recently noted that disruption "is not a theory about survivability."

Christensen cites the example of U.S. Steel. So-called mini mills such as those pioneered by Nucor drove U.S. Steel out of several markets. However, U.S. Steel didn't go out of business. Instead, it moved upmarket, currently producing steel for high-end applications such as airplane wings and car bodies.

Three types of disruption exist. Below I'll explain why none of them apply to lawyers like you.

1. Low End Disruption

The above U.S. Steel example exemplifies low end disruption. A competitor like Nucor invents a superior process or technology that enables it to offer an equivalent or "good-enough" product at a lower price.

Pundits often point to LegalZoom as an example of low end disruption in the legal industry. However, do-it-yourself legal products such as those by Nolo have existed for decades. LegalZoom's superior efficiency and technology may threaten old school companies like Nolo, but not you.

If you're like most lawyers, you don't perform legal work for people and businesses with simple needs. On the contrary, you perform moderately to very complex legal work and have thus served the mid-to-high end of the legal market from the very beginning. Unlike U.S. Steel, you don't have any low end work at risk.

In fairness, some lawyers handle simple matters and produce work product no better than that which LegalZoom and others such as Trademarkia sell for a fraction of the price. These lawyers are at risk — maybe.

Lawyers enjoy a powerful bulwark against low end disruption — client satisfaction.

Ben Thompson of Stratechery makes a strong case that low end disruption applies only in business markets that behave in an economically rational manner (e.g., a large law firm CIO who buys 800 PCs), but not in consumer markets (e.g., a lawyer who buys a PC for his home). Buyers of legal services behave more like consumers because relationships with lawyers are deeply personal and because results matter more than money (within reason).

2. New Market Disruption

This insidious form of disruption occurs when a product initially serves non-consumers in a category, but eventually expands to attract consumers of incumbent products. Because this form of disruption is so elusive, it's hard to spot until it's too late.

For example, Uber and Lyft are disrupting the taxi industry by offering a better experience (cleaner cars, easier payment, and faster service) thanks to their app and all the fancy logistics behind it. This new market disruption seems clear cut. However, these companies have bigger goals. They want to disrupt car ownership. Why get stuck as the designated driver when you and your friends can use Uber instead? Why get dressed when Uber can deliver your take-out order? Why worry about finding a parking spot when Uber can take you to the courthouse? GM doesn't realize this yet.

Here lawyers have another bulwark on top of client satisfaction — protective regulations such as rules against non-lawyer ownership of law firms and the unauthorized practice of law. This explains, for example, why investment banks can't offer legal services and cut out law firms from their deals.

3. Professional Services Disruption

A subset of those above, this form of disruption applies to professionals like lawyers. Pundits point to machine learning technologies such as predictive coding, and to cheap labor via offshore outsourcing or Axiom's famed "insourcing."

Assuming again that you're an experienced lawyer serving the mid-to-high end of the market, predictive coding is not a threat. It will eliminate offshore and onsite contract lawyers before it impacts your job. You would likely welcome receiving a set of relevant documents from your corporate clients.

If you're ambitious, you can recruit someone like Diane Kilcoyne to start an ediscovery practice area at your firm with all the latest software. You can even develop your own software to further set your law firm apart.

But what about Axiom? Surely it's disruptive. It says so in the title of this article.

Successful yes. Disruptive no. Thanks to the above-noted state regulations, most lawyers will never lose business to Axiom. As Richard Granat explains, hiring Axiom is riskier than hiring a law firm. Accordingly, only general counsel of large companies tend to hire Axiom.

Granat thinks Axiom poses a risk to large firms, but Axiom seems more like a way for general counsel to limit the headcount in their legal departments. In-house lawyers are costly thanks to salary inflation, generous benefits, and payroll taxes. Also, you can easily scale up and down with Axiom as needed. You can't hire employees one month and fire them the next.

Finally, there's legal artificial intelligence. This will happen. It will fit all three types of disruption. But not in your lifetime. End of story.

Don't Get Scared but Don't Become Complacent

Disruption won't kill your law firm, but poor business management, and an underinvestment in marketing and technology will. Honestly assess your weaknesses and shore them up. Hire a so-called lawyer coach if needed such as Bruce MacEwen in the large firm world and Allison Shields in the small firm world. Invest in document automation technology and test flat fees. But don't pay any attention to disruption scaremongers until the legal profession loses its regulatory protections or Siri tells you she's leaving to start her own law firm. Even then, you'll still have client satisfaction in your back pocket.

Neil J. Squillante created TechnoLawyer and serves as its publisher. His areas of expertise include advertising and publishing technologies, information architecture, persuasive writing techniques, and statistical analysis and research. Before founding TechnoLawyer, Neil practiced commercial, intellectual property, and securities litigation at Willkie Farr & Gallagher in New York City. Neil received his JD from UCLA and served as a managing editor of the UCLA Law Review. He received his BA in Economics from Duke University.

How to Receive TL Research
Our flagship newsletter offers in-depth buyer's guides and other helpful research reports for everyone in the legal profession. Written in plain English by leading experts, these reports combine exhaustive research with sound statistical techniques to provide you with reliable analysis, data, and insights. Just as importantly, TL Research reports often include benchmarks, charts, and other visuals that bring the information to life. TechnoLawyer members regularly use TL Research reports at strategic planning meetings. The TL Research newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Office Management | Technology Industry/Legal Profession | TL Research

Reviews of FileLocater, Philips Digital Dictation; One Versus Two Monitors; Synced Email

By Kathryn Hughes | Thursday, August 14, 2014

Today's issue of TL Answers contains these articles:

Russell Sibley, Review: FileLocater Lite

Rich Kaser, Review: Philips Dictation System

Barry Miller, Two 23-Inch Monitors Versus One 29-Inch Monitor

Ben Schorr, The Secret to Synced Email on All of Your PCs and Other Devices

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 | Dictation/OCR/Speech Recognition | Email/Messaging/Telephony | Monitors | TL Answers

California Dreaming About Ediscovery Ethics Plus Modern Trial Presentations

By Kathryn Hughes | Wednesday, August 13, 2014

Coming today to LitigationWorld: The State Bar of California has proposed that litigators should learn the ediscovery ropes, hire a consultant, or no longer accept cases involving email and other electronic documents. Because other states often follow California's lead, ediscovery expert Joshua Gilliland analyzes the proposed ethics opinion in this issue of LitigationWorld. Also, don't miss the LitigationWorld Pick of the Week for examples of the state of the art in trial graphics and presentations.

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. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

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