I just received a link to a very informative article about the future of case law and the web based software development that is brewing up around it.
http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1206700930604
Source: Law.com
One of the things that open source software needs the most is the full protection of the law. Eben Moglen, Professor of Law at Columbia University Law School and a leading advocate of open source rights, congratulates the open source community on their success in becoming an important part of current technology, but also discusses how important it is to protect the user's rights. He reviews the legal atmosphere of intellectual property rights and how more restrictive to sharing they have become in recent years and how the end user has become the biggest loser because of this change.
Moglen first asks whether licenses still matter. He reviews how things are different from twenty-five years ago where open source had few adherents and software was fiercely protected by companies. Now the most important information technology can be found in the user's pocket. The user doesn't just want a music player/video player/telephone; they want a device that can do anything. This is where the open source community can be particularly skillful.
He also discusses the shift in the legal understanding of intellectual property. In the late 20th century, there was a shift to the idea that only by NOT sharing could innovation happen, leading to more restrictive copyright, trademark, and patent laws. He makes it clear that future developments will only be really useful to the end user with information sharing, open source.
"We are committed to the struggle for free speech, free knowledge, and free technology. The measures by which we advance that struggle will of course be different in different countries, but the following will be pretty generally applicable:
- Abolition of all forms of private property in ideas.
- Withdrawal of all exclusive licenses, privileges and rights to use of electromagnetic spectrum. Nullification of all conveyances of permanent title to electromagnetic frequencies.
- Development of electromagnetic spectrum infrastructure that implements every person's equal right to communicate.
- Common social development of computer programs and all other forms of software, including genetic information, as public goods.
- Full respect for freedom of speech, including all forms of technical speech.
- Protection for the integrity of creative works.
- Free and equal access to all publicly-produced information and all educational material used in all branches of the public education system.
By these and other means, we commit ourselves to the revolution that liberates the human mind. In overthrowing the system of private property in ideas, we bring into existence a truly just society, in which the free development of each is the condition for the free development of all."
Excerpt from Eben's DotCommunist Manifesto (Jan. 2003)
Eben Moglen is Professor of Law and Legal History at Columbia University Law School and General Counsel of the Free Software Foundation. In addition to FSF, Professor Moglen has represented many of the world's leading free software developers. Professor Moglen earned his PhD in History and law degree at Yale University during what he sometimes calls his “long, dark period” in New Haven. After law school he clerked for Judge Edward Weinfeld of the United States District Court in New York City and to Justice Thurgood Marshall of the United States Supreme Court. He has taught at Columbia Law School – and has held visiting appointments at Harvard University, Tel Aviv University and the University of Virginia – since 1987. In 2003 he was given the Electronic Frontier Foundation's Pioneer Award for efforts on behalf of freedom in the electronic society.
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On November 20th, 2006 I had the opportunity to accompany attorney Perry Zivley to the newly built Harris County Civil Courthouse, to conduct an interview/videocast with the honorable Judge Ken Wise of the 152nd Judicial District Court.
The data collected during this interview was used in preparing the content for an educational article Perry is writing entitled, "Understanding and Using Courtroom Technology in the New Harris County Civil Courthouse."
I've visited and worked in a few other courtrooms across the country and I can say hands down that the new Harris County Civil Courthouse is by far the most tech-friendly courthouse I've come across. Having used the technology before, I was already a proponent of the new courthouse and being afforded the opportunity to showcase it here on Real Lawyer News came as a real honor.
Judge Wise was very hospitable and excited to explain in specific detail about the technology now available in the new courtrooms. I recommend any lawyer scheduled to try a case in the new Harris County Civil Courthouse to take a
moment and watch the below videos, which were shot on location in the new courtroom setting.
Hopefully other municipalities seeking to install reliable and easy to use technology into their own courtrooms will first visit the Harris County Courthouses for a prime example in leading edge, 21st century courtroom technology implementation.
Mr. Zivley has the article he wrote about using courtroom technology posted at his blog, click here to read it before its official debut in The Houston Lawyer Magazine.
The first video is the uncut footage of Perry's Interview with Judge Wise. The second video is my attempt to shoot some footage of Judge Wise actually demonstrating the various components of the courtroom technology setup. Please forgive my zooming skills and the noises coming from the camera =)
A major milestone in the Zivley Law Firm technology upgrade has occurred today - Perry Zivley published his first blog post!
When you have a moment, click on over to The Zivley Blog and show Perry what it feels like to receive comments.
The Photo above is featuring Craig Whitley of Texas Website Designs showing Perry how easy it is to publish a blog post using the WordPress platform.
Today was a great day =)
Technorati Tags: WordPress, blawg, posting, starting a blog, getting started, how to, blog training, blog academy, law firm, lawyer blogger, perry zivley, Craig Whitley, Real Lawyer
This weekend has been bizzy-bizzy over at the Zivley Law Firm. We have been migrating all of the firm's hard files over to a perfectly organized digital file system on the server.
The new copy/fax/scanner that Perry received last week is truly a jewel. The great folks over at Canon were a tremendous help to Perry when it came to choosing the right solution for achieving his paperless office goal.
Perry went with the ImageRUNNER 2270 model, which is loaded with all the good stuff and has a really 'user friendly' operator's interface. (I've been using it non-stop this whole weekend - it really is a workhorse that is easy to steer.)
It may sound dreadful but going paperless is really the only way to operate these days. Now Perry will have the ability to access any client file instantly from his network of devices. This means when he needs to e-mail any piece of paper it will be ready on his server for instant reviewal, editing and sending.
Monique (Perry's Legal Assistant) will be responsible for scanning all incoming mail, and deliveries into the system as PDF's. What is really cool about the Canon machine is that there's an option to setup paths that allow for the scanned data to be directed where ever the operator needs it to go. This can include any storage port in the network, i.e. work station hard drive, server hard drive and e-mail inbox's. With this system in place all Perry has to do is check his e-mail to review the daily mail when he is out of the office.
Going paperless really is less pain than one might expect. Sure the initial convergence of the hard files into digital is a challenge and does require a certain degree of patience and equipment, but with the right team and game plan in place a transition like this really is a piece of cake.
The copy/fax/scanner also has an option to set-up client ID#'s which will help Perry better track and capture the real-time copy/fax/scan usage per case file. By The Zivley Law Firm handling all of it's own document reproduction in house, they will no longer need to send out small jobs to 3rd party copy houses but instead be able to offer this service at a much more reasonable rate to his clients.
Perry's case monitoring and day to day work flow is already becoming much more efficient. Just in the first week of using the machine, Perry has cleared the little mountains of paper that were once piled in A.D.D stacks all over his desk. Now having all of his files scanned into a central repository and neatly filed with logical file names, Perry will have instant access to important data in seconds. No more frantic searches and he can even work from home if he needs to.
All in all, I'd say the decision to go paperless has been a major feat of achievement for the Zivley Law Firm; probably the best decision the firm has made all year. Now all we need to do is get the Zivley blog set up for Perry and Harriett to start publishing to. Once that occurs, the entire landscape of the Zivley Law Firm will be entering a whole new dimension - Let's see if blogging will be as painless?... as going paperless.
Technorati Tags: paperless, canon, imagerunner, lawyer, blawg, zivley, law firm,
For anyone who has followed Real Lawyer News since its conception in September you may be wondering what has been going on with the Zivley Law Firm's technology transition.
Even if you're not wondering - I received an e-mail this morning from Massachusetts' infamous media and technology lawyer Bob Ambrogi over at LawSites which has prompted me to write the following post.
Ambrogi Asks:
"What's happened with your experiment with the Zivley's? Can't tell from your blog whatever came of it."
-- Bob Ambrogi
It's been 19 days since the technically challenged, inaugural launch of 'This Week in Law' with Denise Howell hit the netwaves and here we are again for episode #2!
Today's netcast, which was recorded 2 weeks ago, spotlights Mike Arrington of TechCrunch, and will feature discussion about the Google acquisition of YouTube.
Thankfully it sounds like Leo got the audio issues resolved and listeners may at last get a chance to fully weigh in on the content of
TWiT.TV's newest venture.
I just finished listening and all I'm going to say is that TWiL is great!
This episode has four of the realest lawyers in America breaking it down and talking about the beautiful future that we are all building. I am so glad that I can borrow the cool graphic of Denise Howell (above) then strip a little specification content from the TWiL website, in order to quickly layout a support-post here on Real Lawyer News and not expect to get sued.
Welcome to the people-powered conversation machine!
Meet Kevin O'Keefe, he's a veteran trial lawyer and the founder of LexBlog. I actually found out about Kevin a few months ago when the idea first crossed my mind to begin publishing Real Lawyer News. While running a Google search for 'Real Lawyers' I was welcomed by an army of posts plastering Kevin's name all over my screen.
If there is anyone that deserves the title 'Real Lawyer', Kevin is by far a nominee. He and LexBlog are an essential catalyst responsible for driving the American legal arena into the blawgosphere. LexBlog has developed a ton of weblogs for attorneys all over the country and every one of the LexBlog sites that I looked at are slick, clutter free and well executed.
The reason I decided to write about Kevin today (I've been meaning to write about him for a while) was due to an alarming bit of news that I found via his blog regarding the on going controversy of what constitutes ethical advertising for lawyers as defined by the New York's Administrative Board of Courts
Kevin writes:
"Lawyers' foolishness in clamping down on lawyer blogs has made its way to the tech community. Slashdot, a highly popular technology-related news website, shared the absurdity this evening.
An anonymous reader writes:
'While you might not guess it from watching late night TV, advertisements by lawyers are regulated by a web of regulations intended to protect potential clients from deceptive claims in such ads. Generally, these rules require lawyers to submit their ads to a review board, often with a filing fee paid with each new advertisement. The New York bar has proposed new rules which would define blogging as advertising. Should these rules be enacted, any New York lawyer who blogs on any legal topic in New York would be required to submit any new blog post to the New York Bar for review. For New York lawyers who write frequently updated blogs, this could force them to make multiple (and potentially expensive) reports to the New York Bar every single day.'We've got to get with it guys. It's okay to run garbage ads on late night TV, on the side of busses, and on the walls behind urinals (yes, ads for dui lawyers), while we'll clamp down on lawyers providing helpful info via blogs. Defies common sense. But suppose that's how we got the reputation we have."
My response is simple: I believe that there's an abundance of real lawyers in New York that can prevent this rule from being passed into effect if they care enough to fight it. Secondly, how can this trash be legal? Lastly, a post found on The Greatest American Lawyer pretty much sums the future of lawyering up, here's a quote:"If you fall into this group of people who have a great excuse not to blog, you will soon be in the minority. It’s just a question of time. Look at the number of people using MySpace or Youtube Look at how many people are blogging, sharing their lives online. Remember that a blog started in many ways as an online journal. It was far more personal in nature. The concept of debating "blogging for business" has only come later in the game. There is a giant wave coming and building. The early adopters will be in a much better position to ride that wave."
permalink to original post
...but you gotta be willing to jump in and swim if you want to catch IT.
A few weeks ago I was linked in to an attorney blawger that I believe all solo practitioners and big firm lawyers should closely be paying attention to. His name is Charles "Chuck" Newton, he is a Texas lawyer, a father of four and husband to Jane who is also a lawyer.
Chuck does not maintain a traditional office that most consumers typically associate with law firms. He has no waiting rooms for clients to cool their heals, no reception area in which to be ignored, no meeting rooms for client visits, no file room in which to lose files, no law library, no messy private office for the firm’s attorneys to hide. There are no walls with licenses and diplomas hanging on them, no rec room to chat with staff over coffee and donuts, and his firm’s shingle hangs from no building. Go look in any phone book and you will not see a cheesy ad for Chuck's law firm. He answers his own phones, reads and responds to his own email, faxes and snail mail.
How does Chuck's law firm accomplish such a thing? Well IMHO, it looks like he gets things done because he doesn't need to rely heavily on anyone to do stuff for him, but instead utilizes the miracles of information technology:
"Think about what technology is all about. It is about effortless collaboration and effective communication with those around you without the need for filters. The whole purpose of technology in a Third Wave society is to knock down the structures that bind us, and to cut the levels of management and support help that hold us back. In short, these technologies substantially improve what? The productivity of all of those lawyers that become attuned to and use the new, cheap technologies." -Chuck Newton
The This Week in Law podcast is out! Leo Laporte just posted the first episode to his blog tonight. Listen to it here.
I just listened to the show... It's an interesting first start. Excellent content yet the audio quality is some what poor and quite distracting.
Despite the technicalities, this podcast is so refreshing and definitely worth a listen. To have the opportunity to listen in on real lawyers gathering together for a conference call to discuss current day law and technology issues is a tremendous milestone for Law2.0 - I wish Denise and Leo all the success with TWiL and I look forward to listening to future episodes.
If TWiL turns out to be anything for Law that TWiT.tv was for technology, it will certainly be a jewel worth mining for. Denise Howell's other shows on the GigaVox Media Network are worth listening to as well.
Hosts: Denise Howell, Cathy Kirkman, Ernie Svenson, John Palfrey
Guest: Hank Barry
Technorati Tags: Law2.0, TWiL, Denise Howell, Ernie the attorney, Cathy Kirkman, John Palfrey, Hank Barry, Lawyer, IP, copyright law, Lawrence Lessig, Creative Commons, Social network
Perry has a server and a new desktop, Monique (Perry's legal assistant) got her new machine, and Harriett now has a laptop. I'll keep the specification details short. Lets just say Perry called DELL and explained his goals. He requested the best value for his dollar and packages started showing up at the law firm. I'm relieved that the hardware is finally out of the way, now maybe we can start getting down to the business of blogging =)
Perry is happy because he no longer has to wait 10 minutes each morning for his machine to boot up and he doesn't have to rely on a peer to peer network to manage his data. The days of the computer constantly being thrown into lethargic mode every time his paralegal needs to access a shared directory on his hard drive are finally over!
Knowledge Management is a whole other topic worth exploring in a separate post so I'll save it for later. I just wanted to send out a quick update to catch everyone up on the happenings at the Zivley Firm. I realize it has been a while since the last time I published, and believe me I know all about consistency being key. So find it in your heart to forgive me and I'll do my best to have some engaging footage to publish again next week. On that note, I'll leave you with a short movie that I made in hopes of bringing you a little closer into the upgrade process over at the Zivley Law Firm. Until next time, may all your days be real and meaningful. Thanks for dropping by!
Getting everyone in a law firm to upgrade their technology doesn't just happen over night. Especially when you're dealing with such a drastic overhaul like my latest project which has been loosely titled by Nick McLawhorn w/ FindLaw as: 'The Zivley Law Firm Upgrades In Public'
As the project evolves, it is reminding me more and more of the days not so long ago spent in a garage building hot rods with my Dad.
My Dad always said: "Just because it ain't broke doesn't mean you can't make it better." And this is exactly what 'hot roddin' (or car-hacking) is really all about. We always began by deconstructing the entire car until the frame, the body & all of the other parts were scattered all over the garage.
Once we had the car completely stripped down we would then make a checklist of all the parts and determine which ones were worth keeping or re-using. Afterwords we would begin cleaning and repairing each salvageable part to try and get it back to its original state.
Yet, as one will find in most frame up restorations, some parts are just not worth repairing. It usually proves less expensive (and less time consuming) to replace the damaged parts (like hoods, fenders and doors) with new ones instead of trying to repair them all. So since we were building hot rods, we took great pride in coming up with new and innovative ideas on how to modify a car to be more useful or for the ego's sake -- "more original."
Sometimes, just by simply adding air conditioning or power windows or a CD player was our way of making the car more up-to-date. And for the other times that we really wanted to get the car anti-modernized, we would install a late model blown out engine, chop the top, drop it to the ground, slap some Mickey Thompsons on it and spray some flames over the hood, then call it a hot rod and go light up the streets!
Thus, it goes without saying, as time goes on I'm finding that being in the business of re-manufacturing a law firm, for 21st century usability, is very similar to running a kustom rod shop. Some clients want it quiet and slick and others want it loud and eye-poppin, but they all want it to be one of a kind and to go really FAST!!
The joys of purchasing new computers have begun. Here we are smack dab in the middle of the hardware upgrade phase, and deciding the best products for the Zivley law firm to invest in is no easy task, especially in a world with too many options and too few sure bet standards. I can tell that Perry is hesitant about making a Mac purchase, and who can blame him? I'm still not sure whether its safe to start advocating that a primarily windows based law firm should hop on board of the Steve Jobs bandwagon.
I'd be more convinced of the interoperability if the Mac guys would start spending more time informing us windows users about how Apple is a better computer for running all of our windows applications on, and less time promoting their Leopard operating system + misc. softwares. Maybe then they would see an influx of new hardcore Win-Mac followers...
The existing Zivley Law website needs a major facelift (and heart transplant.) Soon I'll be taking it down and making some tweaks so that Perry doesn't have to suffer any longer. I have to ask myself what drives a design firm to commit such an atrocity?
I mentioned the beauty of RSS in my first post, but I just wanted to touch on this important web technology in hopes of demystifying it for both the end users and creators of content.
So heres some hope, if you still feel
lost when the RSS acronym presents itself, you shouldn't feel alone. According to a Yahoo study (Oct'05), only
about 12% of internet user in the U.S. are even aware of the term "RSS" much less do they actually use it.
Below is my go at telling you what RSS is all about:
RSS feeds are fresh streams of content (txt, image, audio, & video) published directly to the browser of a users computer which is subscribed to receive them.
Just like channels on a radio dial or on a TV, think of RSS as a customizable remote control, or the pre-programmability of the radio stations in your car stereo. RSS enables a consumer of information to retrieve the content they want, when they want it and where ever they want to get it. RSS is also much like a newspaper because it is delivered to you after you have subscribed to it. Therefore saving you a trip to the store every Sunday morning.
IMHO, the core fundamental of RSS (or syndicated technology) is to allow for
users who believe in your products, services, and solutions to easily keep an eye on the status of your digital presence. Put bluntly, information becomes really powerful the easier it is to receive. Typically most RSS feeds are free to subscribe to and they can easily be found on web pages, as web feeds (RSS or Atom) and are usually linked with the word "Subscribe", with an orange rectangle, The content delivery space is evolving. In the future you'll probably see/hear/read about more businesses trying to find ways to monetize their feeds. Content providers may also try integrating RSS feeds into the 'pay only' sections of their websites specifically as an added convenience for their current paid subscribers to take advantage of. I could certainly see my friends over at the multi-national law firm of Fulbright & Jaworski utilizing RSS feeds to both internally support the distribution and findability of their firm-wide knowledge management archive, as well as to provide timely alerts over the broad spectrum of their various external client extranets. As feed readers become more a part of the browser's native environment (verses 3rd party reader reliability) awareness levels for RSS will rise and the real value of using the technology will have been translated to the end user almost invisibly. Whether someone will be willing to pay for the added convenience of RSS is yet to be known. I suspect it all depends on demand of content and ease of usability. Currently, the possibilities and capabilities of RSS are limitless both in regard to the end user, the content creator, as well as the content distributor. But if you want to learn more about RSS please visit the Wikipedia entry on RSS or if you're more of a non-conformist and would like to get it straight from the horses mouth; the history and real time news concerning RSS is actively updated on Dave Winer's blog at www.scriptingnews.com. READER BEWARE -- Winer tells life like it is.
, or with the letters 
or 
. If you already use firefox as your browser, I highly recommend getting the WizzRSS plug-in to catch all of your feeds.
Featured Link: Meet Ian Roussel, a modern day Rat Fink.
The personal computer is finally becoming a very useful tool for more people than just geeks. Once upon a time, only top secret scientists had access to this computer, the ENIAC and by its looks it must have taken a degree in physics to be able to operate it.
So today was interesting. I've got a better idea of what I'm in store for in regards to getting the Zivley law firm up and running as a real LawTechFirm. The following factors will come into play:
#1 A Firm Wide Hardware Upgrade. Perry, Harriett and Monique, (Perry's legal assistant) all need new
computers. We're talking Win2000 OS, early model Dell desktops, and a copying
machine from the Xerox darkage. You're probably asking yourself: Is this overhaul going to be Mac or Windows? And that's why I made a poll so be sure to let us know what you would choose. (Harriett votes Mac!)
#2 A Crash Course in Computing. This stemmed from Harriett telling me today that she didn't know how to bookmark a webpage. Also, when she downloads an attachment from an e-mail, she can never find out where the file ends up going. I think we can all remember those days. =)
Just think, I'm hoping that in less than 30 days Harriett will be publishing her own blog with podcasts and videos. Never the less, Harriett's troubles are very common growing pains that most users experience when learning to use the web. Don't lose any sleep Harriett, I'll help get you up to speed!
#3 Installing Software & Web Applications. Listed below are a few applications that I am recommending for the Zivley firm to install on all of their machines.
Software: PhotoshopCS; PowerpointXp; WordXp; Acrobat7
Web-app: Gmail; Flickr; Firefox
Plug-ins: RSSWizz; Del.icio.us; flickr uploader
I'll add more later (like video and audio editing software.) If you have any suggestions please leave a comment.
#4 Let The Blogging Begin! After getting our systems aligned we can then dive head first into the action. I know of no better way to start a fire than to strike a match with a little fuel. I hope that this blog contributes to the fuel!
After milestone #1 is complete, everything will seamlessly begin falling in to place. It's been my experience in the digital life that after all the R&D is wrapped up and we have our direction and focus assembled, everything else comes together super fast and the next thing you know you're Live! with the jury is in the back room deliberating.
Lastly, I want to publicly thank The Zivleys for retaining my services and skill-set to assist them in launching a weblog. I'm honored to work with professionals that set their fears aside and step over what is considered to be the norm to try something new. I'm not making any promises here, but if you continue to approach the web as a new medium of communication and truly put your heart into it, sweetness is sure to follow. Things are just getting heated up!
Next Week: I'll be computer shopping with the Zivley's. So be sure to tune back in for a zoomed in lens showcasing how attorneys go about buying their computers. You'll also get to see how filming a sales person during a 'buy moment' directly effects the bottom line. Maybe one day I'll be able to trade pixelspace for a new computer, to bad I don't have any traffic here yet...
Featured Link: Noah photographs himself everyday for 6 years. Here's his 6 years in about 5 mins.
August 29, 2006 - I delivered my beta/ever evolving presentation "Be A Real Lawyer" to an existing client, the Zivley Law firm. This blog was inspired by that encounter.
Meet Real Lawyer #1: Harriett Zivley, wife of Zivley Law Firm founder
Perry Zivley and also an attorney herself, has expressed a sincere
passion to start a weblog, and it's my job to show her how to get started and how to keep it going. Her enthusiasm about communicating the behind the scene realities of The Zivley Law Firm's unwavering commitment to its clients is contagious. This should turn out to be an interesting experience for everyone.
Keep in mind this is my first attempt to try and teach a law firm about the various angles of IT and all of the possibilities that await. Being the practical hands on kind of teacher that I aspire to be, I thought It would simplify Harriett's learning curve if I were to go ahead and set up a new blog here on TypePad as a teaching tool and living example of how the Internet has the amazing ability of spreading and attracting information and informers. If all goes as I hope, this site should become a small hive of humans swarming in and out sharing links and experiences. Time will tell...
Moreover, I hope this blog will truly demystify some of the froth of the web2.0 halo and show Harriett and other lawyers out there some real world examples of just how quick, simple and inexpensive it really is to start publishing their messages and experiences to the web.
Next week: More about the beauty of RSS and how consistently publishing informative/entertaining posts to a blog greatly increases organic search results in both Yahoo and Google search engines. I'll also be showing the Zivley's a little more around the blogosphere to semi-familiar-eyes them with what's been happening over the past few years.
OK, so check out Harriett's YouTube video debut!
