March 2, 2009 by Dan Siegel.

A few years ago, I reviewed a book, The No Asshole Rule, for The Philadelphia Lawyer, the Philadelphia Bar Association magazine. Written by Robert Sutton, a Professor of Management Science and Engineering at Stanford University, the premise of the book is that no business should hire, tolerate or perpetuate the employment of “certified assholes,” people who are assholes all the time.

In my review, I wrote (regretfully “tongue in cheek”) that “We are simply blessed that there are no assholes in our legal community and certainly none who fit the moniker of a “certified asshole.” Consequently, Sutton’s premise – that businesses are more productive, more profitable and have a better “atmosphere” when they do not hire, do not retain, and do not promote “certified assholes” – becomes irrelevant. ”

Today, however, brought home just how far my tongue was in my cheek. I circulated my e-newsletter, and sure enough two people opted out (decided they didn’t want to receive the newsletter anymore). And guess what, when I thought of them, I thought of my book review. One is a solo lawyer who didn’t like the idea of paying for my services, so she fabricated stories. For example, she claimed I charged for every phone call when in fact not only didn’t I charge her for phone calls (not once), but I didn’t charge for many other times I assisted her - including once when she cornered me and obtained free training for half an hour at a trade show. The other lawyer hired me for training, I did two sessions and her response was totally positive. She said the sessions were great, never a complaint. Unfortunately, they never paid my bill, and are indignant over the fact that I turned them over to a collection agency. Gee, that I want to get paid is a shock. After all, they claim that they  have “The resources to take on even the largest companies.” It’s easy if you don’t pay your bills.

So, good riddens to each of those subscribers. I should have removed them myself.

If you would like to subscribe to my newsletters, just go to www.techlawyergy.com and fill out the form.

In closing, I must again plug The No Asshole Rule. It is a thoroughly enjoyable quick read that should be on every manager and worker’s mandatory reading list. Although it is unlikely we can ever completely eliminate these venomous vipers from our midst, The No Asshole Rule at least offers hope that more workplaces will adopt the rule and that certified assholes will become extinct. We can only hope.

Posted in Integrated Technology Services, A Little Ranting, Random Thoghts | Print | No Comments »

March 2, 2009 by Dan Siegel.

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? 

Posted in Integrated Technology Services, Software | Print | 1 Comment »

January 22, 2009 by Dan Siegel.

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.

Posted in A Little Ranting, Software | Print | No Comments »

January 8, 2009 by Dan Siegel.

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.

Posted in Software | Print | No Comments »

December 25, 2008 by Dan Siegel.

It was with sadness that I read the latest issue of PC Magazine. One of the oldest technology magazine, PC Mag had been reinventing itself for some time. From now on, the magazine announced, it will only be available online/electronically, with no more printed issues.

Surprisingly, despite my love of “less paper,” I will miss the paper magazine, and am not an afficianado of electronic-only publications. To the contrary, I like paper publications (and subscribe to dozens). They allow me to read them when and where I want, and to clip articles (and scan them) for future reference. It’s not easy to sit down for lunch in front of a computer screen and read a magazine. My eyes don’t like that method very much.

While the move toward electronic publications is in full swing, and the demise of many newspapers is imminent (or has occurred), the popularity of the Amazon Kindle demonstrates that people still want to “hold” what they’re reading. I love the Kindle for that convenience and rue the fact that I can’t “save” a great book on my bookshelf. But at least I can read it on the El or anywhere else I want — and you won’t be able to do that with future issues of PC Mag.

Perhaps the biggest problem is that the demise of paper publications is becoming a self-fulfilling prophecy. Newspapers regularly eliminate popular features, and use “stock” copy rather than fresh, local material. When they do this, they see their circulation decline, probably as a direct result of the diminished quality of their content. Instead of maintaining the content, they then bemoan the ever-shrinking circulation and make more cuts. It’s a vicious spiral that leads them down the drain.

Let’s hope that magazines and newspapers survive. It’s great that we can read them online, but let’s hope that we never have to.

Posted in A Little Ranting, Random Thoghts | Print | No Comments »

July 10, 2008 by Dan Siegel.

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 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.

Posted in A Little Ranting, Software | Print | No Comments »

July 8, 2008 by Dan Siegel.

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.

Posted in A Little Ranting, Software | Print | No Comments »

May 8, 2008 by Dan Siegel.

If you think Robocalls are annoying, just buy a Nuance product. They make Omnipage and other products (some are very good), but once you buy something from them, they leach onto you. They email you, they call you, they email you, they call you, and I have found it nearly impossible to stop them. Outlook regularly considers their emails (after all, they are ALWAYS having a sale!) to be junk/spam, but they just won’t stop. Perhaps other customers enjoy being solicited all the time. I don’t. And their tactics make me less likely to buy their products.

 And, by the way, why does the Configure Scan installation dialogue seem to always appear days, weeks, months, and seemingly years after you install one of their products. Even the installation files seem to repeat themselves.

Posted in A Little Ranting | Print | No Comments »

April 5, 2008 by Dan Siegel.

It’s not quite bait and switch, but it’s close. When I switched from a Pitney Bowes meter to a Hasler one, the salesperson - Lena Krones of ITS Mailing Services - trumpeted the lower cost, about $6.00 or $7.00 per month. So I swithced. Little did I realize that I would have the problems chronicled in my post last December. But the story gets better.

Postal rates are going up. I received a letter from Hasler inviting me to order what I needed to prepare for the new rates. Lo and behold, the cost of this software update is $85.00, or more than I saved per month when I switched meters. Pitney Bowes isn’t cheap, but the company never charged for rate increase updates; all I did was download some free software updates.

Of course, I called Lena when I discovered this. She was in a meeting (she has implored me to call her whenever I had a problem or question, but she hasn’t returned my call- or she hasn’t left any messages for me at my office. So I called Hasler. They of course said they hadn’t received my emailed complaint in December but offered to provide this software update for free. But future ones would cost ????. In other words, I’m off the hook until the next rate increase.

At least with Pitney Bowes, I paid a lot upfront. I’d rather do things that way than find out later that I will be nickeled and dimed to death. My contract with Hasler is up for renewal in September. I’m going to fax this post to Lena so that they know I won’t be renewing. I’d much prefer know what I’m getting into up front, rather than being surprised.

Posted in A Little Ranting, Random Thoghts | Print | No Comments »

March 27, 2008 by Dan Siegel.

My son is scouting for engineering schools, and came across www.engineeringedu.com. He also discovered its jokes page. Apropos my earlier blog today, the site (http://www.engineeringedu.com/jokes.html) features, among others, this little ditty:

New Lyrics to Beatles Song - “Yesterday”

Yesterday,
All those backups seemed a waste of pay.
Now my database has gone away.
Oh I believe in yesterday.

Suddenly,
There’s not half the files there used to be.
And there’s a milestone hanging over me.
The system crashed, so suddenly.

I pushed something wrong,
What it was, I could not say.
Now all my data’s gone,
And I long for yesterday-ay-ay-ay.

Yesterday,
the need for back-ups seemed so far away.
I knew my data was all here to stay,
Now I believe in yesterday.

Posted in Random Thoghts | Print | No Comments »