Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/predictive-policing-and-the-law/
Sunday, June 30, 2013
Predictive Policing and the Law
Some law enforcement agencies, like the Los Angeles Police Department, are turning to crime prediction software to aid in decreasing the rising crime rate, better known as predictive policing. Weighing the advantages of these programs to reduce crime raises questions about racial profiling within specific neighborhoods and our civil liberties. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dr. Jeff Brantingham, co-founder of the company, PredPol and Professor Andrew G. Ferguson from the University of the District of Columbia David A. Clarke School of Law, as they look at the legal issues surrounding predictive policing.
Private Prisons, Profits, and Prisoners’ Rights
On this edition of Lawyer2Lawyer host Bob Ambrogi discusses private prisons with Susan Herman, president of the American Civil Liberties Union (ACLU), and Adrian Moore, vice president of the Reason Foundation, a non-profit in support of libertarian principles and privatization.
Susan Herman was elected president of the ACLU in October 2008. As Centennial Professor of Law at Brooklyn Law School, she teaches courses in the area of Criminal Law and Procedure and Constitutional Law. The ACLU has been studying and protesting against private prisons as a for-profit business for decades.
Dr. Adrian Moore is vice president of policy at the Reason Foundation. He has conducted studies, written publications and scholarly articles on the privatization of prisons and how they yield quality corrections at a lower cost. He has served on boards and commissions developing or overseeing privatization at the federal, state, and local level.
Tune in to hear Herman and Moore debate and discuss the colossal incarceration rate, the profit motives of private prisons, the politics behind it all, and the impact on prisoners’ rights.
Special Thanks to our sponsor, Clio.
Susan Herman was elected president of the ACLU in October 2008. As Centennial Professor of Law at Brooklyn Law School, she teaches courses in the area of Criminal Law and Procedure and Constitutional Law. The ACLU has been studying and protesting against private prisons as a for-profit business for decades.
Dr. Adrian Moore is vice president of policy at the Reason Foundation. He has conducted studies, written publications and scholarly articles on the privatization of prisons and how they yield quality corrections at a lower cost. He has served on boards and commissions developing or overseeing privatization at the federal, state, and local level.
Tune in to hear Herman and Moore debate and discuss the colossal incarceration rate, the profit motives of private prisons, the politics behind it all, and the impact on prisoners’ rights.
Special Thanks to our sponsor, Clio.
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LawBiz® Legal Pad: Training Your Partner
What is the communication between you and your partner?
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/2JmqvnmuGJg/
Back to School Spotlight on Law Students
It’s about that time of year again where law students brush off the summer days and head back to school. In this very special "Back to School" edition of Lawyer2Lawyer, co-host and attorney, Craig Williams, chats with law students Daren Gottlieb from Western State College of Law in Fullerton, California and Han Fang from New England Law Boston, about why they chose law school, top concerns, personal goals, jobs, competition and next steps after graduation.
Using Document Assembly Tools to Improve Your Firm
Find out how document assembly tools can increase efficiency and profits at your firm on The Un-Billable Hour. Host and Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and Diane Ebersole, practice management advisor for the State Bar of Michigan explain how document assembly applications have advanced in the last few years and how these applications can increase the bottom line for your law firm.
The "Pink Collar" Profession: The Male Paralegal's Perspective
Is the paralegal profession a woman’s world? Or is the number of male paralegals on the rise in this female-dominated profession? Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin get the male perspective and some interesting insight from special guests, Carl H. Morrison, II, PP, AACP, a Certified Paralegal at Rhodes Hieronymus and Zachary W. Brewer, CP, a Litigation Paralegal at Hall Estill.
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Choosing a Law Firm Entity Structure
On this October edition of The Legal Toolkit, Jared Correia, Senior Law Practice Advisor with Mass. LOMAP, joins Chiara LaPlume, principal of LaPlume Law, LLC and Sofia Lingos, principal of Lingos Law, to address entity choice for lawyers and law firms. Chiara and Sofia run down the options for law firms and solo lawyers (including d/b/a’s and limited liability entities), talk about why it’s essential to have a partnership agreement and relay why it may useful for an attorney to hire another lawyer to help them get incorporated.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/10/choosing-a-law-firm-entity-structure/
Old School Marketing in the Legal World
With the popularity of social media on the rise within the legal profession, has old school marketing taken a back seat? Jared Correia, the host of The Legal ToolKit and Law Practice Management Advisor with Mass. LOMAP, joins Attorney Christopher Strang, partner at the Boston law firm, Desmond, Strang & Scott LLP and Robert Simpson, President/CEO of Waverider Communications, to talk about the pros of old school marketing, including: the importance of developing and implementing a strategy, the power of networking and how lawyers can successfully market themselves in both non-traditional and traditional modes.
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/04/old-school-marketing-in-the-legal-world/
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Saturday, June 29, 2013
CARRM: The Future of Computer Assisted Review
The ESI Report’s Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack invited George Socha and Tom Palladino to discuss The Computer Assisted Review Reference Model (CARRM). This is EDRM’s newest venture which is being designed to make computer assisted review easy to understand.
• George Socha is the president and founder of Socha Consulting LLC, an electronic discovery consulting firm. In 2003 he and Tom Gelbmann launched the Socha-Gelbman Electronic Discovery Survey, now Apersee. and in 2005 they started EDRM. George is an advisor and expert witness who focuses on the full range of eDiscovery activities. His clients include corporations, governmental agencies, legal vertical market software and services providers, investment firms and law firms. Before launching his consulting firm, George spent 16 years as a litigation attorney in private practice.
• Tom Palladino is the President of NightOwl Discovery, a leading national provider of technology-driven corporate discovery management and litigation readiness consulting services. Tom is a certified eDiscovery specialist (CEDS) and has extensive experience in large-scale discovery management, software development and corporate managed services. Tom is active in working groups for EDRM, serves as a guest instructor at the University of Minnesota Law School, teaches frequent CLE courses and has participated in the Sedona Conference. Before joining NightOwl, Tom co-founded Hire Quality, Inc., where he designed and deployed major service programs for Fortune 100 companies including UPS, Bell Atlantic, Southwestern Bell, IKON Office Solutions and MBNA Bank.
Socha and Palladino are some of the contributors of the CARRM. This episode will focus on the development of this new computer assisted review model within the ediscovery industry.
• George Socha is the president and founder of Socha Consulting LLC, an electronic discovery consulting firm. In 2003 he and Tom Gelbmann launched the Socha-Gelbman Electronic Discovery Survey, now Apersee. and in 2005 they started EDRM. George is an advisor and expert witness who focuses on the full range of eDiscovery activities. His clients include corporations, governmental agencies, legal vertical market software and services providers, investment firms and law firms. Before launching his consulting firm, George spent 16 years as a litigation attorney in private practice.
• Tom Palladino is the President of NightOwl Discovery, a leading national provider of technology-driven corporate discovery management and litigation readiness consulting services. Tom is a certified eDiscovery specialist (CEDS) and has extensive experience in large-scale discovery management, software development and corporate managed services. Tom is active in working groups for EDRM, serves as a guest instructor at the University of Minnesota Law School, teaches frequent CLE courses and has participated in the Sedona Conference. Before joining NightOwl, Tom co-founded Hire Quality, Inc., where he designed and deployed major service programs for Fortune 100 companies including UPS, Bell Atlantic, Southwestern Bell, IKON Office Solutions and MBNA Bank.
Socha and Palladino are some of the contributors of the CARRM. This episode will focus on the development of this new computer assisted review model within the ediscovery industry.
Source: http://legaltalknetwork.com/podcasts/esi-report/2013/04/carrm-the-future-of-computer-assisted-review
Dunkin Donuts Employee "Outperformed" And Outearned Her Co-Workers
Needless to say, you won't get flush working at the Rockaway, New Jersey Dunkin Donuts, even on the night shift, unless ... As reported at dailyrecord.com:
Melissa Redmond, 29, of Mine Hill, was arrested after a six week investigation known as “extra sugar” that began when police got a tip that people could go to the Dunkin Donuts on Route 46 and arrange a liason with Redmond.First reaction: Seriously, when resources are stretched so thin everywhere, the police spent SIX WEEKS on this? OMFG! Second reaction: "extra sugar"? Brilliant! But back to the intrigue...
“I had gotten an anonymous tip,” Detective Sgt. Kyle Schwarzmann, who led the investigation. “She was a night time employee (working 9 p.m. to 5 a.m.), supposedly a very good one.’’
Schwarzmann began gathering information and doing surveillance at the scene. He noticed on multiple evenings that she would go out to cars to see customers and would spend 10 or 15 minutes there, he said.
“Sometimes I 'd even see money changing hands,’’ Schwarzmann said, adding that sometimes the cars would stay in the parking lot and other times they would drive to another nearby location.So, with all of this valuable intel in hand ...
An undercover operation was developed wth the assistance of Officer Robert Koehler and Officer Scott Haigh acting as the undercover “John.”THREE COPS WORKING THIS CASE!!!!
“He went in plain clothes through the drive thru window,’’ Schwarzmann said. “He spoke to her and she said if he wanted a good time to call her and she gave him her phone number.”
Haigh parked in the parking lot and Redmond allegedly came out, approached him and gave him a specific price list for her services.
Haigh returned on another occasion and inquired about her services, was offered a new, and lower, price so he said he needed to go to a bank machine but would return with the money.
When Haigh returned, they drove to the back of the building and the arrest was made. Redmond was then processed, served her complaint and released.Is it just The Juice (it often is, and he's fine with that), or does anyone else (other than Ms. Redmond and her "customers") think this was (and is) a colossal waste of time? Here's the source.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/sDOFa9JwjuI/post_700.html
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Brown: Calif Will Issue Marriage Licenses to Same-Sex Couples ASAP
California Gov. Jerry Brown said he would advise the state’s counties to begin issuing marriage licenses to same-sex couples.
Circuit Removes Judge in Child Porn Sentencing Dispute
A federal trial judge who twice sentenced a man to a day in jail in a child porn case won't be on the bench when the man is resentenced.
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Lawyer2Lawyer 7th Anniversary
On the longest continually produced legal podcast, Lawyer2Lawyer hosts Bob Ambrogi and J.Craig Williams share their experiences with great guests and insightful legal topics - some serious and some not so serious. And hear a behind the scenes special interview.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/lawyer2lawyer-7th-anniversary/
Burn Injury Litigation
Millions of burn injuries are reported every year in the United States. When an individual is severely burned, they can be left scarred, endure severe emotional trauma and some often succumb to their injuries. On Ringler Radio, host Larry Cohen joins Attorney Marc Breakstone, founder and principal at Breakstone, White & Gluck, to talk about the various types of burn injuries litigation, liability and prevention.
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/11/burn-injury-litigation/
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EEOC can use Teamsters-style pattern-or-practice theory under Title VII § 706
Serrano sued in a class action claiming sex discrimination and the EEOC intervened. The trial court ruled for the employer on a number of issues; the 6th Circuit reversed. Serrano and EEOC v. Cintas Corp (6th Cir 11/09/2012).
The main issue was whether EEOC could pursue a pattern-or-practice style claim pursuant to § 706 of Title VII.
The employer argued that under § 706 the EEOC is limited to proving its allegations of discrimination pursuant to the McDonnell Douglas Corp v. Green, 411 US 792 (1973), burden-shifting framework, and cannot use the pattern-or-practice framework announced by the Supreme Court in Teamsters v. United States, 431 US 324 (1977). The court rejected that argument. Even though the Teamsters case arose under § 707, the theory of that case can be used under § 706.
The trial court erred in holding that the employer was entitled to judgment on the pleadings in light of the EEOC's failure to plead its intent to rely on the Teamsters framework. Although the EEOC's complaint "is not a model of good lawyering," a plaintiff need not indicate at the pleading stage which circumstantial evidentiary framework it plans to use.
Source: http://www.lawmemo.com/blog/2012/11/eeoc_can_use_te.html
What’s Next: More Same-Sex Marriage Lawsuits
The U.S. Supreme Court on Wednesday issued two huge rulings on same-sex marriage, but did very little to clarify how the U.S. Constitution should apply to same-sex marriage. This likely means more lawsuits.
Source: http://blogs.wsj.com/law/2013/06/26/whats-next-more-same-sex-marriage-lawsuits/?mod=WSJBlog
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Friday, June 28, 2013
Supreme Court rules employer recommendation not property
[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Sekhar v. United States [SCOTUSblog backgrounder; JURIST report] that attempting to compel a person to recommend that his employer approve an investment does not constitute "the obtaining of property from another" under the Hobbs Act [18 USC § 1951(a)]. In this case, Sekhar allegedly threatened the attorney for New York Comptroller Thomas DiNapoli to gain a government contract through DiNapoli's attorney's recommendation of Sekhar. The court's ruling effectively...
Source: http://jurist.org/paperchase/2013/06/supreme-court-rules-employer-recommendation-not-property.php
‘Mt. Holly’ takes the place of ‘squelched’ St. Paul suit
Now, the same issue is back before the high court, which yesterday accepted cert in Mt. Holly Gardens Citizens in Action v. Mt. Holly. Forbes online describes Mt. Holly as the first impact to reach the Supreme Court since the administration was accused of engineering a settlement that “squelched” the St. Paul case.
Also according to Forbes, Philadelphia lawyer John Culhane said, “The perception is the Supreme Court has taken this case because it feels there is no disparate-impact theory of liability, and is prepared to rule to that effect.” The Third Circuit ruled that plaintiffs had made a prima facie case of disparate impact.
Magner has been on hold in Minnesota federal court while the parties awaited the Supreme Court’s determination on Mount Holly.
Source: http://minnlawyer.com/minnlawyerblog/2013/06/18/mt-holly-takes-the-place-of-squelched-st-paul-suit/
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Supreme Court rules employer recommendation not property
[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Sekhar v. United States [SCOTUSblog backgrounder; JURIST report] that attempting to compel a person to recommend that his employer approve an investment does not constitute "the obtaining of property from another" under the Hobbs Act [18 USC § 1951(a)]. In this case, Sekhar allegedly threatened the attorney for New York Comptroller Thomas DiNapoli to gain a government contract through DiNapoli's attorney's recommendation of Sekhar. The court's ruling effectively...
Source: http://jurist.org/paperchase/2013/06/supreme-court-rules-employer-recommendation-not-property.php
The iPad for Litigators and Life After Google Reader
Learn why iPads are a valuable resource in the courtroom for their portability, presentation capabilities, and apps catered specifically to case intake, jury verdict, and more. Hosts Dennis and Tom elaborate further to outline why litigators especially can benefit from an iPad and Tom’s upcoming book iPad in One Hour for Litigators. The second half of the show mourns the approaching death of Google Reader, the significance and utility of an RSS reader, and what other options are out there.
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The Lost Art of the Online Discussion
For many years, we used email and listservs for private and public discussions. Today, the last thing we want to do is add a high-volume email list to our overloaded email inboxes. Yet, we still have the need for discussions of all kinds. What are good ways to have discussions using technology today? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss today’s options for discussions, how to select the right forum for discussions, and whether we can improve the quality of the discussions we have with others.
Gone Clio with Attorney Joe Bahgat
Listen as Clio co-founder Jack Newton talks with special guest, Attorney Joe Bahgat of Bahgat Law LLC. Jack and Joe talk about cost savings through Clio, hiring a virtual assistant, tools to help you stay organized and the capabilities of Clio’s document management and Clio Connect features.
Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/05/gone-clio-with-attorney-joe-bahgat/
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The Friday Federal Law Clerk Hiring Frenzy
Friday, June 28, is the first date on which many judges will consider 3L students for coveted federal clerkships. The firestorm that Friday?s schedule promises to ignite will eclipse the seasonal withering heat and humidity, but partners who remain calm and flexible will reap benefits.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202608787802&rss=rss_nlj
Plea not coerced by judge’s comments
A district court judge’s encouragement to a defendant to “think carefully” before rejecting a plea deal did not mean the defendant could say his plea was coerced, when he later suffered buyer’s remorse and wanted to withdraw his plea.
Francis Davis risked a mandatory minimum 50-year sentence if he went to trial on robbery and firearm charges, but the government and Davis’ lawyer negotiated a deal calling for the government to recommend a 20-year sentence. Davis initially accepted, but balked on the morning of the plea hearing.
As part of the Rule 11 colloquy, Richmond U.S. District Judge John A. Gibney wanted to make sure Davis had given the matter careful consideration. In its unpublished decision upholding Gibney’s rejection of the withdrawal motion, the 4th U.S. Circuit Court of Appeals recounted parts of the colloquy.
Gibney told Davis that if he was convicted of both offenses, he was “going to jail, at a minimum, for 50 years,” and the government was offering him “a way to get out of that through whatever sort of a plea bargain they offered you.
“It looks like they have a lot of witnesses,” Gibney observed, but he told Davis he and his lawyer needed “to make that choice. But – I probably have a reputation as a light sentencer – but I will tell you, there is nothing I can do about those, about that 50-year sentence. … And maybe they really don’t have good witnesses. But I sort of doubt that. So, you know, you have got some exposure here. What you do about that exposure is entirely up to you.”
The court suggested that with a 50-year sentence, the 35-year-old Davis “would die in jail probably.” He gave Davis an hour to consult with counsel, and Davis came back with a plea.
Two months later, Davis filed a pro se motion to withdraw his guilty plea, saying the court’s advice that he “think about” his decision persuaded him to accept the plea. The court denied the motion to withdraw the plea and ultimately sentenced Davis to the recommended 20-year sentence.
On appeal, Davis argued the trial judge abused his discretion in denying the withdrawal motion and committed plain error by not recusing himself from hearing the motion.
It was the district court’s judicial duty to ensure that Davis’ plea was knowing and voluntary, wrote Judge James A. Wynn Jr. in U.S. v. Davis. The lower court “engaged Davis to ensure that he understood the consequences of pleading versus going to trial in the context of the potential penalties Davis faced.”
Although “the district court judge may have been overly cautious in his efforts to ensure Davis made a fully informed decision, those efforts did not amount to coercion” of the plea, Wynn wrote.
–Deborah Elkins
Source: http://valawyersweekly.com/vlwblog/2013/06/20/plea-not-coerced-by-judges-comments/
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Thursday, June 27, 2013
NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
Former N.J. Governor Corzine Faces Federal Civil Charges
Federal regulators filed a lawsuit Thursday against MF Global and two of its former top officers, including CEO Jon Corzine. Corzine is a former U.S. Senator and former governor of New Jersey. The suit alleges that in October of 2011, MF Global illegally used up to $1 billion in customer funds to cover the firm's cash needs. MF Global has settled and will provide restitution. CFTC enforcement officials said the case against Corzine is being pursued.
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Source: http://www.npr.org/templates/story/story.php?storyId=196338115&ft=1&f=1070
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Following Trend, Cincinnati Law Lowers Tuition for Some
A second Ohio law school is significantly lowering its out-of-state tuition in hopes of attracting students. Trustees at the University of Cincinnati on June 25 approved cutting nonresident tuition at its College of Law by 30 percent, bringing it closer to the price Ohio residents pay.
Technology-Enhanced Television
As rumors of a game-changing new Apple TV begin to swirl, we wonder whether technology will start to change the way we watch television. Or maybe it already has. Does technology always need to have "productive" uses? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell turn to a "non-serious" technology topic for the end of summer, explore ways technology, especially tablets, can enhance your TV viewing experience, and find some surprisingly serious conclusions about where technology is taking us.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/technology-enhanced-television/
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Android Devices for Lawyers
We are happy to announce that The Digital Edge is now a part of Legal Talk Network. Since 2007, Digital Detectives co-host Sharon D. Nelson, Esq. has been co-presenting another podcast, The Digital Edge: Lawyers and Technology, with Jim Calloway. Calloway is the director of the Oklahoma Bar Association’s Management Assistance Program. He frequently writes and speaks on legal technology issues, Internet research, law office management, and ethics for lawyers. The Digital Edge invites noted legal technologists, authors, and lecturers to discuss topics related to lawyers and technology.
This episode of The Digital Edge features guest Jeff Taylor, also known as “The Droid Lawyer,” to discuss how lawyers can efficiently use Android phones, tablets and computers in their practice.
Jeffrey Taylor is an Oklahoma City Attorney. He has been writing the popular blog “The Droid Lawyer” since 2011, educating lawyers on how to get the most out of their Android devices. His first Android device was the original Motorola Droid, which he discovered was a useful tool for his profession. His practice focuses on personal injury, small business litigation and immigration.
Learn more about Android’s newest operating system, Jelly Bean, the top Android apps for lawyers, how to prevent security and malware issues with Android devices, and much more.
This episode of The Digital Edge features guest Jeff Taylor, also known as “The Droid Lawyer,” to discuss how lawyers can efficiently use Android phones, tablets and computers in their practice.
Jeffrey Taylor is an Oklahoma City Attorney. He has been writing the popular blog “The Droid Lawyer” since 2011, educating lawyers on how to get the most out of their Android devices. His first Android device was the original Motorola Droid, which he discovered was a useful tool for his profession. His practice focuses on personal injury, small business litigation and immigration.
Learn more about Android’s newest operating system, Jelly Bean, the top Android apps for lawyers, how to prevent security and malware issues with Android devices, and much more.
Source: http://legaltalknetwork.com/podcasts/digital-edge-podcasts/2013/05/android-devices-for-lawyers
Lawyer2Lawyer: A Retrospective
We started Lawyer2Lawyer back in August of 2005 with the idea of providing quality content and discussion of timely legal news and information for the legal profession with regularly published podcasts and often videos too. Since our inception, we have set the precedent for legal podcasting in numbers of listeners globally, but more importantly, we’ve been one of the leaders in great content - our priority over the past 7 years. On this final edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams, talk about their personal experiences over the years with this legal podcast.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/lawyer2lawyer-a-retrospective/
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Sacramento’s New One-Day Divorce Program
On this episode of Lawyer2Lawyer, Bob Ambrogi and Craig Williams invite California Judge James Mize to discuss his first-of-its-kind idea to address the heavy congestion of divorce cases in Sacramento’s family court: The One-Day Divorce Program. This allows couples, who meet the specified requirements, to participate in an expedited divorce process that finalizes the separation in just one day. This program aims to serve couples who can’t afford a divorce lawyer. According to Judge Mize, 72% of family law litigants in California don’t have representation.
Judge Mize began his career with an undergraduate degree in psychology, followed by graduate work at the School of Social Welfare where he earned his Master of Social Work. He found his work in social issues to be a defining part of his 26 years working as an attorney, and his current work on the bench. He has served as the presiding judge of the Sacramento Superior Court and is currently the supervising judge of Sacramento’s Family Court. Judge Mize is best known for his civil reform efforts which have garnered him several honors including the California Judge Association’s Alba Witkin Humanitarian Award and Sacramento County Bar Association’s Judge of the Year Award.
Tune into to hear about the inner workings of the new one-day divorce program, who qualifies, how it’s run, and more.
Judge Mize began his career with an undergraduate degree in psychology, followed by graduate work at the School of Social Welfare where he earned his Master of Social Work. He found his work in social issues to be a defining part of his 26 years working as an attorney, and his current work on the bench. He has served as the presiding judge of the Sacramento Superior Court and is currently the supervising judge of Sacramento’s Family Court. Judge Mize is best known for his civil reform efforts which have garnered him several honors including the California Judge Association’s Alba Witkin Humanitarian Award and Sacramento County Bar Association’s Judge of the Year Award.
Tune into to hear about the inner workings of the new one-day divorce program, who qualifies, how it’s run, and more.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2013/06/sacramentos-new-one-day-divorce-program
Professional Competence requires Technology Proficiency
Visiting ALM LegalTech conference today was eye popping in both its simplicity and complexity.
First, the simple: D. Casey Flaherty, corporate counsel at Kia Motors America, suggests that law firms don't need more software. They need to use their existing software more efficiently and effectively. What a concept. Reminds me of the scientists' suggesting that humans use only 10% or less of our mental capacity.
The difference between the two concepts is that inefficient use of existing technology increases the legal spend for clients. And only Corporate America can do what Mr. Flaherty did: subject his outside counsel to economic consequences when they are guilty. He recently reduced a law firm’s billing to Kia Motors by 40 hours because he detected they didn’t know how to use Word to print to a .pdf file and eliminate the scanning process which would have reduced associates time on his matters by the 40 hours. Multiply this scenario many times and you are talking about hundreds of thousands of dollars in lawyer billing. More on that in a later post.
Next, the complex: Owen Byrd of Lex Machina discussed the concept of Moneyball for Lawyers. He says that “Moneyball” applies data (any collection of facts) to analytics in order to understand trends and patterns that emerge from that data. This supplements legal research and reasoning with predictive analytics. This approach can help predict a party's behavior, likely outcome of a lawsuit and the results from a specific legal strategy or argument. The concept, emanating from Stanford studies, can be viewed merely as a new research tool. If so, it's rather expensive. It can also be viewed as a marketing tool by helping you refine your pitches for new legal work to prospective clients. In this case, the cost is insignificant when you attain one or more new clients. This is the future of the legal profession. Currently, Lex Machina and its approach can be utilized only by the larger organizations with big money at stake. But, the handwriting is on the wall.
Most important, these two divergent approaches to technology demonstrate the need to be proficient with current technology in order to satisfy rule 1.1 (definition of competence) and to run scared about the future if you fail to pay attention to the changes coming in the future. The bottom line is to serve clients well. Your awareness and proficiency with technology addresses that goal…and may provide a competitive advantage to some.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/xMEGAvn7G6s/
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Wednesday, June 26, 2013
A Radical or Rational SCOTUS Session?
After one of the most historic United States Supreme Court sessions in years, emotions ran high and charges of radicalism ran amuck as the Justices handed down rulings on immigration enforcement, national healthcare, campaign finance law, stolen valor and more. But in the end, did SCOTUS simply uphold the law of the land? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal facts behind the decisions from New York University School of Law Professor Roderick Hills, Jr. and Temple University Beasley School of Law Professor Jan Ting.
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/a-radical-or-rational-scotus-session/
Mid-year union dues increase: Hudson notice required, opt-in not opt-out
The US Supreme Court this morning held that "when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
Knox v. Service Employees Intl Union (US Supreme Ct 06/21/2012)
This is a remarkable decision for two reasons.
First, the Court has never before held that unions must issue a Hudson notice before changing the amount of dues. Hudson notices have always been based on an after-the-fact look-back based on the previous year's audited accounts.Second, the Court has never before held that unions cannot collect fees from nonmembers unless they affirmatively opt in. The Hudson notice system has always been based on the idea that nonmembers can get an after-the-fact refund.
The union representing California public sector employees has an agency shop agreement which requires nonmembers to pay an annual fee for "chargeable" expenses - nonpolitical costs related to collective bargaining. In June 2005 the union sent out its annual Hudson notice which estimated that chargeable expenses would be 56.35% of its total expenditures. After the 30-day period that nonmembers had to object, the union announced a 25% increase to fund a broad range of political expenses, but nonmembers were given no choice as to whether they would pay into this fund.
The US Supreme Court held (7-2) that
"when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent."
The Court described this case as one involving compelled funding of the speech of other private speakers or groups, which is akin to compelled speech and compelled association. Therefore, it is subject to "exacting First Amendment scrutiny." In order to prevent the union from extracting a loan from unwilling nonmembers, the union must issue a fresh Hudson notice and must exempt nonmembers unless they opt in.
Two Justices, CONCURRING in the judgment, criticized the majority for adopting an opt-in system of fee collection which was "not contained in the questions presented, briefed, or argued."
Two Justices, DISSENTING, pointed out that unions have always been allowed to calculate each year's fee based on its expenses during the previous year. Although an imperfect system, it is not unconstitutional.
Source: http://www.lawmemo.com/blog/2012/06/midyear_union_d.html
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Justices Agree to Decide Recess-Appointment Dispute
The U.S. Supreme Court on Monday agreed to decide whether President Barack Obama?s recess appointments to the National Labor Relations Board violated the Constitution.
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202608186623&rss=rss_nlj
Does your insurance policy cover contract lawyers?
This issue has arisen in a number of conversations with clients.
Why would you engage a contract lawyer? For one of several reasons: (i) even out the work flow; ii) engage expertise you don’t possess at the moment; (iii) gain time to observe the quality of work of a potential hire; and (iv) determine if you have enough work in the long term to hire a permanent employee.
Once you hire a contract lawyer, whether for a designated number of hours or a specific project, do you know whether that lawyer is covered under your errors and omissions insurance policy? Often, policies are written to include all the attorneys you hire after your policy commencement date up to the end of that policy term period. Then, your premium is based for the following year on the higher number of lawyers now on staff.
But, the question remains, are you covered for what is, in essence, a part-time employee. Check with your broker; read your policy. Make sure you know the answer. Many lawyers require that their contract lawyers specifically name them on their policies with an endorsement. Of course, remember that most policies are claims-made policies, not occurrence policies. So, your policy must be written in such a way as to cover negligence asserted in the current period though the alleged negligence was committed by your contract lawyer in an earlier period and is no longer present. Ask. Be sure.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/pNwbjAE0HIw/
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Federal appeals court upholds hedge fund manager's conviction
[JURIST] The US Court of Appeals for the Second Circuit [official website] on Monday affirmed the conviction [opinion, PDF] of Galleon Group founder Raj Rajaratnam [JURIST news archive], rejecting his argument that wiretap evidence was used improperly to convict him. Rajaratnam was convicted in 2011 on 14 counts related to insider trading and sentenced [JURIST reports] to 11 years in prison, as well as over $63 million dollars in associated fines and fees. Rajaratnam argued [brief, PDF] that certain statements...
E-Discovery: Why You Should Go Native!
It’s easy to get caught up in the fast-paced transition to paperless E-discovery review. Firms are now converting evidence into TIFF files. What’s a TIFF file? It’s just an easy way to manage and send large amounts of evidence, right? Wrong. On this episode of Digital Detectives, guest Craig Ball explains that a TIFF image turns the evidence into a small, non-searchable image. “They are not offering you the evidence in anything like the form in which they created and used the evidence.” Ball explained in a recent article, “ Instead, they propose to print everything to a kind of electronic paper, turning searchable, metadata-rich evidence into non-searchable pictures of much (but not all) of the source document.”
Ball is a certified computer forensic examiner, a court special master, and author of the Law Technology News Column and blog both titled Ball in Your Court. After years of experience practicing law and winning clients’ cases using technology in the courtroom, he is now a consultant to help courts and lawyers grapple with electronic evidence.
On this episode of Digital Detectives, co-hosts Sharon D. Nelson, Esq. and John W. Simek invite Ball to discuss why you should be wary of TIFF files and all the reasons to go native in your E-Discovery file review.
Ball is a certified computer forensic examiner, a court special master, and author of the Law Technology News Column and blog both titled Ball in Your Court. After years of experience practicing law and winning clients’ cases using technology in the courtroom, he is now a consultant to help courts and lawyers grapple with electronic evidence.
On this episode of Digital Detectives, co-hosts Sharon D. Nelson, Esq. and John W. Simek invite Ball to discuss why you should be wary of TIFF files and all the reasons to go native in your E-Discovery file review.
Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/06/e-discovery-why-you-should-go-native
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The Lost Art of the Online Discussion
For many years, we used email and listservs for private and public discussions. Today, the last thing we want to do is add a high-volume email list to our overloaded email inboxes. Yet, we still have the need for discussions of all kinds. What are good ways to have discussions using technology today? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss today’s options for discussions, how to select the right forum for discussions, and whether we can improve the quality of the discussions we have with others.
Tuesday, June 25, 2013
Recommendations for a Social, Mobile and Global Legal Profession
The ABA Commission on Ethics 20/20 has released its latest recommendations so that the rules and ethics of the legal profession keep up with the incredible pace of technology. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the details from the ABA Commission’s Chief Reporter, Professor Andrew Perlman, and debate these suggestions with Attorney Bradley Shear.
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Kids’ Chance: Helping Children of Injured Workers
When someone is seriously injured or dies on the job, their family is left to pick up the pieces and sometimes the family’s education funds are at risk. Kids’ Chance is a national organization that funds educational scholarships for the children of injured workers, so that they can pursue their educational goals. In this podcast, Ringler Radio host Larry Cohen along with co-host, Bill Wright, talk with the Founder of Kids' Chance, Attorney Bob Clyatt, about the Kids’ Chance mission and how it has been instrumental in helping the children of injured families through the power of education.
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