Archive for the Software Category

The Paperless Court

Apropos my last post about the Paperless Office, I was reading the March/April 2010 issue of Baseline Magazine, which ran a terrific article, “Disaster-Proofing IT After Katrina,” about how the Gulfport Municipal Court in Louisiana was devastated by Katrina and, as a result, the Court secured a grant from the Department of Justice and digitized the entire office (after the hurricane, they actually tried using Rubbermaid containers for filing). Now — after training — the Court runs efficiently - electronically, with everything scanned, calendars/dockets electronic, etc. No more paper files. As the article concluded:

By streamlining its infrastructure, investing in a digital imaging solution and storing data in multiple sites, Gulfport Municipal Court has created order from chaos. It is now prepared for the worst that hurricane season can dish out, while fervently hoping that nightmare never returns.

As we discussed in the PBI “Paperless Office” course, going paperless (or “less paper” as I call it), improves efficiency and avoids many nightmares. In fact, last week after the seminar I walked past the site of the former Meridian Building, that burned down before the digital age and commented how, if the tenants had access to today’s technology, they might have been up and running in new quarters in just a matter of days. I know it’s a leap, but the sooner you make the jump to “less paper,” the better off you and your staff will be.

When Tech & Ethics Collide

The latest issue of Lawyers USA has a interesting (albeit brief) summary of an ABA program, Dangerous Curves Ahead: When Legal Ethics and Technology Collide,” presented by Catherine Sanders Reach, Director of the ABA Legal Technology Resource Center. Knowing Catherine, I am sure that the program was interesting and thoguht-provoking. It covered issues, including the Model Rules, Metadata, Email, Social Networking, and Data Security. The topic paralleled a PBI in which I participated, “How Your Computer Can Get You Into Trouble;” it’s also the topic of an article I’m writing for Trial magazine (journal of the American Association for Justice) this fall.

Of greatest importance, the article (and Catherine’s program) highlight the need to be judicious with your use of technology; it’s so easy to take things for granted.

Lexis for Microsoft Office

Admittedly, I’m skeptical about new software, and have always been leery of new developments in legal research, most of which has been more fluff than stuff. At ABA Techshow in Chicago yesterday, however, I drank the Kool Aid and saw the beta of Lexis for Microsoft Office, a very impressive product for conducting research within Word or Outlook. The software really does streamline the work, such as instantly compiling all the documents in a brief for download. I’ve even volunteered to do a beta test, and I traditionally hate being a guinea pig. Let’s hope that I picked a winner.

Windows 7 - Part I

It’s here - Windows 7 - the latest, greatest operating system from Microsoft. I’ve upgraded all the PCs at home and in my office. Generally, the transition went smoothly, but not completely. First, if you do an inplace upgrade (from Windows XP to Windows 7), you’ll need the Laplink Upgrade Assistant software. In every instance, it worked well - although some programs (including all media type programs) needed to be re-registered. But overall, the transfer went smoothly. On the other hand, I don’t recommend migrating your programs from an old PC to a new one with Windows 7. The reality is that the migration process is fraught with problems, and you should only migrate documents and settings, not programs. In future posts, I’ll talk about specifics of Windows 7, why it’s an advantage for law firms to make the plunge, and how lawyers can be more efficient just by chaning the operating. In short, it’s like putting a newer engine in a car - it’ll run faster and more efficiently.

Never Read a Paper Deposition or Other Transcript Again

For years I have argued that lawyers who read paper transcripts are “wasting” time. I don’t mean they aren’t working. I mean they could be working better faster, with improved results, merely by using transcript/deposition review software. In my case, I haven’t read a paper transcript since 2001 and my staff is forbidden from doing so.

The problem, however, is that many lawyers were leery of putting down the paper. Then, when one of the legal software giants purchased the industry leader, the best software became very expensive, and was sold on a subscription basis that tied you to the company (literally) forever. Plus, much of the competition was not very good. As of today (March 2, 2009), with the release of Lexis Nexis Text Map 5, lawyers can throw away their highlighters, ditch those sticky notes, and get rid of those legal pads filled with notes they can’t understand right after they write them. Text Map 5 is a relatively inexpensive program that will dramatically improve the efficiency of every litigator. I use it on every case in my office and can’t picture being without it. Plus, thanks to a number of program innovations I personally suggested, Text Map 5 is ideally suited to meet the needs of Pennsylvania attorneys, including workers’ compensation practitioners and other litigators. Text Map 5 boasts a host of innovative features that make it comparable (actually better!) than its well-known and far more expensive competition.Text Map was released today, and is simply one of those products every litigator should use. Click here to read a White Paper explaining how I use Text Map, Case Map and other products in my practice. You can also try it for 30 days for free.Are you interested? If so, give me (Dan  Siegel) a call at 610-446-3467 or send me an email at dan@techlawyergy.com. My office sells and supports Text Map, and I am the author of the upcoming book, The Lawyer’s Guide to Case Map, to be published by the American Bar Association. After all, who better to help you learn the product than the person who is writing the book? 

I Love Microsoft Outlook - I Hate Microsoft Outlook

It’s everywhere - not quite Chicken Man (for those old enough to remember) - but Microsoft Outlook is used, it seems, in virtually every law office — and the 2007 Version is excellent. The small tweaks Microsoft made really helped improve the product overall (even though some actions remain counterintuitive). I recommend clients upgrade to it, especially any clients who are using Outlook 2000 or (yes) earlier versions.

But…

But…

But…

I hate Mircrosoft Outlook 2007. Not the whole product, just the absolutely infuriatingly outrageous Junk E-mail Filter.  Why, you say? If you don’t like it, turn it off. Sorry, Microsoft has decided that even if you don’t want to use the filter, you’re stuck. It’s like saying that the brake on your car never really works. Here’s what Microsoft tells users about the Junk E-mail filter:

No Automatic Filtering   Although this turns off the automatic Junk E-mail Filter, Outlook continues to evaluate messages by using the domain names and e-mail addresses in your Blocked Senders List, and also continues to move messages from blocked senders to the Junk E-mail folder.

That’s right, even if you turn it off, Outlook continues to evaluate message and continues to moves messages to the Junk E-mail folder.

I’ve tried everything to shut this feature off. Nothing works, and every day, I am confronted with more messages that aren’t junk that Microsoft’s “brilliant” programmers have decided is junk. Today, I arrived in my office and e-mail from clients, the Philadelphia Bar Association, and others were instantly deemed”junk.” One supposed fix — clear everything from your the blocked sender and other folders — has only made matters worse. There’s even one website where someone posted a cartoon of Bill Gates rising from the dead as a way of expressing the poster’s “love” of the Junk E-mail filter. There are lots of posts about the filter, and not one can tell you how to stop it.

This is my plea to Microsoft. Perhaps you actually read the blogs. You have a great product in Outlook 2007, but please. Please. Please. If the user doesn’t want Outlook to filter junk e-mail, respect that user’s preference and allow him or her not only to turn off the filter (we can do that), but also to actually allow the filter to turn off. It seems such a simply concept. Just say no.  Unfortunately, the people who programmed this feature believe that they know better. Sorry, this time the user is right.

Proposed Summary Judgment Rule

The Federal Rules Committee of the Judicial Conference of the United States is considering rule changes that would make it easier for defendants to have summary judgment granted. Plaintiff attorneys have opposed the proposed Rule because it would require the moving party to identify purportedly non-contested facts, and require the non-moving party to demonstrate, by citation to the record, that those facts are contested. This can be a daunting task.

However, this need not be overwhelming. In fact, some federal court judges in Philadelphia have already begun requiring litigants to include a Statement of Uncontested Facts with motions for summary judgment. How do my clients and I handle them? Using the Summary Judgment Wizard in CaseMap. With this tool, part of the CaseMap Suite, it is easy to identify contested and uncontested facts and generate reports that would easily comply with the proposed Rule. And the CaseMap tool is far faster than doing the same work manually.

eFax Redux — If it works, it’s great, if it doesn’t, welcome to India

Here’s the transcript of my ongoing support problems with eFax:

Welcome to chat.The session has been accepted.{Gary G.} Hello, Daniel. Welcome to j2 Global online support. I am Gary, your Online Live Support Representative. How are you doing today?  {Daniel Siegel} I am very unhappy with eFax.  {Gary G.} How may I assist you?  {Daniel Siegel} I suppose that, in light of your tech support department’s complete inability to assist me, my best option (the only one?) is to cancel my account.  {Gary G.} I am sorry to hear that you wish to cancel. Please provide me your Fax number as well as the PIN for verification.  {Daniel Siegel} 610-471-0570  {Daniel Siegel} I just hung up with your tech support person - Nathan - who suddenly could not hear me when I asked to be elevated to level 2 tech support. Your support is beyond terrible.  {Gary G.} Please provide me with the PIN for verification.  {Daniel Siegel} XXXX  {Gary G.} Thank you for providing your information. Please give me a moment while I go through your records. In the meantime, please type the number corresponding to your reason for cancellation:1) Moving to another provider2) Bought a Fax machine3) Business or role changed4) Short term project completed5) Financial reasons6) Problems with Faxing or Billing7) Dissatisfied with Quality of service 8) Too Costly  {Daniel Siegel} I want to receive a copy of the transcript of this session.And why do your support people all use phony names? I’ve now met Lloyd, Nathan and Patrick from India? 7 - YOUR SERVICE NOW STINKS! AND THE LACK OF TECH SUPPORT IS ABOMINABLE! And no one seems to care.  {Gary G.} I sincerely apologize for the inconvenience caused to you.  {Daniel Siegel} Where are you based?  {Gary G.} May I know the exact issue you are facing so that I may help you with the same?  {Gary G.} We are headquartered at Los Angeles, California.  {Daniel Siegel} I cannot receive faxes from local phone numbers, the same problem I have had since Monday. I spoke with Level 2 support (finally!!!) on Tuesday, but it did not resolve the problem, and no one has responded to my email.  {Daniel Siegel} No, where are YOU located?  {Gary G.} We are headquartered at Los Angeles, California.  {Daniel Siegel} That is not responsive. Thus, I presume you are in India too.  {Gary G.} Daniel, as per our records you have already been charged monthly fee for this month. As you have plenty of days left for your billing cycle to get over, I suggest you to make use of our service atleast for the period you have paid for and make use of our service for sometime more so that you can receive and send any pending faxes that needs to be done and thereafter you can also inform your friends that you are closing the number.  {Gary G.} If however, you still feel that you do not have any use for our services by the end of your current billing cycle, then you can always contact us back anytime.  {Gary G.} If you wish I will also send you a test fax.{Daniel Siegel} I can’t receive LOCAL faxes. Your attempt won’t help.{Daniel Siegel} Hello? 

{Gary G.} Is the sender of your fax a eFax user?

{Daniel Siegel} And I just called back to your tech support, and guess what, his name is Stuart! {Daniel Siegel} Faxes have been sent from my office’s fax, from my home, from another office ten miles away, and from my computer. None goes through, but faxes work from outside the area.  {Gary G.} If your eFax number is working but a certain caller is unable to reach it, this may indicate a problem with the caller’s local or long-distance phone carrier. Ask the caller to try to complete the call using a different phone carrier (for example, a 10-10-xxx long-distance service).  {Gary G.} If the call can be completed over the alternate carrier, the caller’s usual carrier is mostly likely experiencing a problem. We would not be able to troubleshoot the issue from that point, since the phone carrier can only act on trouble reports from its own customers (in this case, your caller). However, we have provided the form letter below for your caller to use in reporting the problem to his/her carrier. With this information, the carrier should be able to solve the problem. 

{Daniel Siegel} I have called the local carrier - Verizon - and they say it is not their problem. I emailed this to tech support yesterday, and no one replied! 

{Daniel Siegel} I have called the local carrier - Verizon - and they say it is not their problem. I emailed this to tech support yesterday, and no one replied! 

{Daniel Siegel} Also, Stuart just informed me that his name didn’t matter. I explained that I thought it was decietful to use a false name. I find this whole process totally distasteful and will place the entire transcript of this “chat” with eFax on my blog as soon as we conclude. 

{Gary G.} If you wish I will send you a test fax. 

{Daniel Siegel} It won’t help. 

{Gary G.} I suggest you to contact our Customer Support over the phone at 1-323-817-3205 (Available 24*7), as they will be able to assist you better with your issue.  {Gary G.} Please do not select any option or extension when you call. Please wait for our Customer Service representative to attend your call. They would be able to assist you further.  {Gary G.} If you wish I will keep your account active. 

{Daniel Siegel} In other words, you’re blowing me off, too. 

Thankfully, I was transferred to Level Two support from India and spoke with someone named Drew, who I believe really was named Drew. He was helpful at least.

eFax — If it works, it’s great, if it doesn’t, welcome to India

For three years, I have used eFax service as my virtual fax service, without a hitch. Until yesterday. That’s when a law firm tried three times to fax me an 11 page settlement agreement. Only the cover page went through twice, and a third time 2 pages went through. I then tried to send a fax from my computer, to no avail. So I called tech support (NOT a toll free number by the way) and was transferred to an Indian woman who sent a one page fax, which went through and insisted my problem did not exist.

Today, I tested the fax service again. I tried to send faxes from my office fax machine, my computer and from home. None went through. I called tech support again, and they continue to insist that the service is working and, presumably, it’s just a coincidence that nobody can send me a fax except “Lloyd” from India. I even showed him the three faxes from yesterday and he insisted that even though the cover page said 11 pages were sent (and there was an error page attached to each page) that the senders really only tried to send 1 page.

Now, they are claiming that they are doing “troubleshooting” but the rep refuses to answer the request to speak to a supervisor, refuses to answer any of my questions and is clearly exasperated with my very obvious frustration. The bottom line — if eFax won’t work for you, they won’t care and won’t do anything outside of what the manual tells the automatons to say/do.  And, adding insult to injury, my now 30 minute call isn’t to a toll free number.

 More soon. But, please God, it won’t be by fax. And, of course, this is why I strongly request that everyone stop using faxes and scan and email instead.

Never Train on Live Data (The Data You Actually Use)!

I always say, “Never train on live data” because if something happens, it’s a “problem,” to say the least. Today I failed to abide by my own words. Guess what, something happened. The database with 98,542 records shrunk a bit — to 6 records. So did my stomach.

Having never seen this before, I called Tech Support. The rep hadn’t seen it either. He put me on hold and found out a couple of the other reps had heard of this. What did it mean? That the database had crashed and I needed to restore it from a backup. And, of course, the firm didn’t think there was a backup! Fortunately, I found a copy of the database file, and all was well. Of course, I strongly recommended that the firm backup the data — and when I return for more training, we’ll use my training databases.