Jun06legaltech

L AW J O U R N A L
N E W S L E T T E R S
Newsletter ®
Are They Getting It?
P R A C T I C E T I P
Connecting the Dots With Visual Communication
Preparing for the
By Kim Levine
Malware Epidemic:
Working in the
21st Century
Effective communication is largely dependent on our ability to connect with our audience and persuade them to think, feel or act in a desired way. Yetthe process of getting information from one mind to another is no simple feat.
No matter how well we think we’re communicating, very often people ignore, mis- By Tom Gelbmann
When a jury hears an argument, how do you know if they’re getting it? They may start out conscientious and alert with good intentions about performing their civic duty, but that enthusiasm may dissipate throughout the trial and adversely affect the software designed to infiltrate or decision-making process. Like it or not, attention spans wane, boredom creeps in and life gets in the way all the while you’re trying to win your case. Your battles don’t stop there. The range of beliefs (cultural, political, moral, reli- gious, etc.), education levels and thinking styles of a jury requires that they be guided through the evidence in a way that ensures they’ll “get the picture.” But the facts,as legal teams present them — and as jurors perceive them — can be worlds apart.
As a visual communication consultant, I consider myself a visual person in the most general sense. For example, when giving directions, my first instinct is to draw a map to help describe the turns. I find clarity and definition in diagrams and believe the picture I draw is more useful and dependable than disjointed verbal descriptions and hand gestures; it gives me more confidence in my instruction and in the ability of the user to get where he or she wants to go. The above strategy is a popular one. You may subscribe to it yourself. That’s because the most basic communication of our thoughts is accomplished largely through visuali- zation. In fact, it’s estimated that 65% to 70% of the social meaning within a conversa- tion is carried by visual channels (Effective Family Communication, Gary L. Hansen, University of Kentucky, 1997). Here’s another example: In order to talk about a cat, we usually form a mental picture of a cat. Then, incorporating the language we’ve learned, the primary enabler of this highdegree of connectivity, but atthe same time is also the enabler Communication . . . .1
Preparing for the
Malware Epidemic . .1
of the more nasty viruses makeheadlines all too often as they can Finding Work
Product That
Really Matters . . . . .3
shutting down e-mail networks,servers and desktops. Viruses, Case Study: Building
A Collaborative
Network . . . . . . . . 5
Communication
Newsletter®
EDITOR-IN-CHIEF . . . . . . . . . .Adam Schlagman, Esq.
EDITORIAL DIRECTOR . . . . . .Wendy Kaplan Ampolsk
MANAGING EDITOR . . . . . . . .Steven Salkin, Esq.
MARKETING MANAGER . . . . . .Colin Graf
MARKETING PROMOTIONS
COORDINATOR . . . . . . . . . . . .Rob Formica
MARKETING ANALYSIS
COORDINATOR . . . . . . . . . . . .Traci Footes
context, their meaning can change (The GRAPHIC DESIGNER . . . . . . . .Crystal Hanna
BOARD OF EDITORS
Philosophy of Rhetoric, I.A. Richards, RICHARD C.
BELTHOFF JR. . . . . . . . . . . .Wachovia Corp.
Oxford University, London, 1936).
Charlotte, NC
go. How does this translate in litigation? JEFFERY M. DUNCAN . . . . .Brinks Hofer Gilson & Lione
TOM GELBMANN . . . . . . . .Gelbmann & Associates
St. Paul, MN
JOHN GREEN . . . . . . . . . . .Baker, Donelson, Berman,
Caldwell & Berkowitz, PC
meaning, they’ll substitute their own.
Memphis, TN
TODD HALEY . . . . . . . . . . .Spriggs & Hollingsworth
Washington, DC
RICHARD K.
HERRMANN . . . . . . . . . . . . . .Blank Rome LLP
Wilmington, DE
ADAM E. JAFFE . . . . . . . . . .Huron Consulting Group LLC
ROSS KODNER . . . . . . . . . .MicroLaw Inc.
Milwaukee
MARC LAURITSEN . . . . . . .Capstone Practice Systems
Harvard, MA
JOSEPH D. LEE . . . . . . . . . .Munger, Tolles & Olson LLP
Los Angeles
ANN WALSH LONG . . . . . . .AALL PIC
Oklahoma City, OK
DAVID C. REYMANN . . . . . .Parr Waddoups Brown
Gee & Loveless
Salt Lake City, UT
NARKIEWICZ . . . . . . . . . . .Montgomeryville, PA
ALAN PEARLMAN . . . . . . . .The Electronic Lawyer
Northbrook, IL
JUDYE CARTER REYNOLDS .Esquire Innovations, Inc.
in the courtroom, creating visual strate- Temecula, CA
gies that help decisions makers “get it.” G. CHRISTOPHER
RITTER . . . . . . . . . . . . . . . . . . .The Focal Point LLC
Oakland, CA
FOCUS ON FUNCTION
JOEL B. ROTHMAN . . . . . . .Rutherford Mulhall P.A.
Boca Raton, FL
DANA H. SHULTZ . . . . . . . .Dana Shultz & Associates
Oakland, CA
REPEAT AFTER ME
SETH A. RIERSON . . . . . . . .FTI Consulting, Inc.
GEORGE J. SOCHA JR. . . . .SochaConsulting LLC
St. Paul, MN
JOHN J. SROKA . . . . . . . . . .Duane Morris LLP
Philadelphia
ERIC H. STEELE . . . . . . . . .Steele Scharbach Associates LLC
SUZANNE D. WISNIK . . . . .Wiz Business Systems, Inc.
Norristown, PA
receive it. We’re constantly organizing Kim Levine, a visual communication
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Finding Work
fect tool in place for attorneys to locate Product That
Really Matters
Work Product Retrieval
Bolsters KM Efforts
REALPRACTICE: FOCUSED WORK
By Angie Turner
PRODUCT RETRIEVAL ATTORNEYS
Results have fallen a bit short of expec- WILL ACTUALLY USE
KM circles — especially in law firms — and you’re likely to get a blank stare.
RealPractice (from Practice Technologies, Inc.; www.practicetechnologies.com).
KM?” challenge (and to gain great cred- cial intelligence to automatically create ibility for someone in my position) is to electronic brief bank for litigation doc- rationale for having such a tool at their the search for solutions fairly simple. A DOCUMENT MANAGEMENT
SYSTEMS: NOT THE RIGHT
OOL FOR THE JOB
The publisher of this newsletter is not engaged in
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cation is not meant to constitute legal, accounting,
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professional assistance is required, the services of a
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LJN’s Legal Tech Newsletter ❖ www.ljnonline.com/alm?lt Work Product
for smaller firms that have a more finite thanks to closer physical proximity.
Finding what seems to
be the “killer app” is
one thing. Getting people
to use it is another.
include the actual title of the document, the attorneys who drafted it, the date it attorneys to think of it as a fun program 3. If the “banks” could be online with be identified by obscure file names.
program makes sense to our attorneys.
light the significance of the roll out — stored in separate “banks” so attorneys an application … and that can be a rar- Practice Technologies “get it” when it dence is that I still get calls and ques- LAW JOURNAL NEWSLETTERS
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OLLING OUT REALPRACTICE
Call Matt Solomon at 212-545-6289
IS WORK PRODUCT RETRIEVAL
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C A S E S T U D Y
Building a
Collaborative
VENDOR SELECTION AND
ago, the initial reaction by both law firm IMPLEMENTATION
By Chris Gentile
messages and replies on a daily basis.
attorneys. The effects of a rallying annu- the task directly in front of him/her. If initial law firm training at HCI’s annual ment” to try out the system. As Internet E-BILLING FOLLOW UP
rial such as corporate policies individu- enforce best practice collaboration.
available for download by each firm.
LAW FIRM AND CLIENT
SER REACTIONS
Chris Gentile is director of claims
willingness of its participants to incor- electronic billing software solution.
day activities, using it constructively to LJN’s Legal Tech Newsletter ❖ www.ljnonline.com/alm?lt these violations online before submis- Case Study
its flexibility in providing report down- view the status of their pending invoices Responses to Web-based
e-billing have been enthusiastic.
Firms have more direct access
and are better informed about
the bill review process .
can e-mail the firm’s timekeeper directly and their billing cycle is
shortened significantly.
based e-billing have been enthusiastic.
our expectations, and their billing cycle can access both the law firm’s bills and members as well as our internal staff.
sion to migrate to TrialNet’s Web-based A TRULY INTEGRATED NETWORK
already established TrialNet users famil- iar with the system and its functionality.
TrialNet for e-billing has reinforced our stellar support to our users. Its develop- witness’ online file to review the results and determine the value of that effort.
TrialNet’s Web-based electronic billing than that provided by the other e-billing TrialNet’s library of available financial have any guideline violations and correct Malware
words and personal identification data.
policies can significantly lower risk of a successful attack and, if best efforts fail,minimize the time and cost of recovery.
is all that is necessary to launch a pro- PROTECTION
gram without the user’s knowledge.
Malware
Cure and Recovery
Call in the professionals. Effective
• Virus scanning software such as
• Spyware scanning software
• If the problem is not resolved, a new image will be applied to the computer.
end user to install software is rare. The • Adware scanning software such
the operating system and applications.
Time limit on recovery efforts. If it
POLICIES
nician time and the relatively low cost to most effective policy is to restrict local administrator rights for end users to • Just say “No!” Holiday cards with ani-
mated greetings, “cute” pictures, etc.
can be the source of major problems.
• Discourage surfing to questionable
sites. These sites are prime sources of
• Avoid local storage of files and
data. Storage on local computers
CONCLUSION
Principle of Least Privilege to User trator rights for end users, malware that Tom Gelbmann is an independent
data and files are properly protected.
• Install anti-virus and anti-spy-
ware software on all comput-
with rigorous and enforced policies.
ers. Scan at all points of entry —
of this publication’s Board of Editors, • Control data downloads. Assign
LJN’s Legal Tech Newsletter ❖ www.ljnonline.com/alm?lt SIMPLE AND INTERESTING
Communication
case information to is to use an “issue case. Visual repetition can significantly framework as a series of mental coat hooks that are introduced during open- more than 50% of what they hear and Ph.D., 2004). Example: To reinforce thereof, and help bring the story to life.
WORKING FRAMEWORKS
couldn’t point to any evidence. A time- despite the individual characteristics of accepting or rejecting new messages.
makes them react — or fail to react — slides that echoed the opening board.
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Source: http://www.gelbmann.biz/articles/LTN_Jun_2006.pdf