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Outlook 2010: It's the Economy!

Well, I almost forgot I was interviewed for a story published in Lawyers USA in early January about the outlook for lawyers this year, but the story popped up on one of my Google Alerts.  Senior editor Nora Tooher spoke with several lawyers across the US to get a feel for what to expect in 2010. The forecast? Cloudy with a chance of gain. Love that headline, Nora!

Is the Apple iPad the Tipping Point? Practicing Law in the Cloud Goes Mainstream in 2010

Right before our eyes a major transformation is occurring within the legal profession. I believe 2010 will emerge as a year that we will look back upon as a tipping point. A year where lawyers left behind the traditional confines of their office walls—no longer tethered by phone cords, computer cords, or real estate leases--to practice where and when it suits their needs and the needs of their clients.  2010 will be the year that being small, mobile, and almost expense-free went mainstream.

 

Several trends are intersecting to drive this major transformation. They include the rapid innovation of mobile technology, the changing perceptions of consumers, economic trends that are squeezing the bottom line for many law firms, and the rise of solo and small law firms started by big firm refugees. Let me identify and discuss how these trends are coming together to change the practice of law in fundamentals ways, and whether the Apple iPad is the tipping point in this change. 

 

Technology Trends are Powering Change

 

The strongest trend is the exploding use of mobile technology because of significant recent innovations within that field. For several years laptop computers have outsold their desktop counterparts, so that more workers--including lawyers—can be productive when outside of their office environment. Being tied to a desk for 8+ hours a day is receding as the norm. Workers can take a laptop home, to a coffee shop around the corner, or to a conference a continent away and be able to do almost everything they could do while sitting at their desk.

 

Over the past several years we've also witnessed a dramatic maturing of the smart phone, such that more models have capabilities almost equal to many laptops. Blackberries, iPhones and Android phones all have functionalities that just a few years ago were limited to desktop and laptop computers–and they now do things no desktop or laptop ever did.

 

And thanks to iPhone Apps as well as now Google and Palm Apps, these phones are becoming more productive daily. Look at the growth of the Apple App Store and how Blackberry, Palm, and Google followed suit. Sure there are tons of games, but also a huge rise in the number of productivity apps like DocumentsToGo, various calendar and task management apps, and even legal-specific apps like Black’s Law Dictionary, Federal Rules of Civil Procedure, and numerous ones listing state statutes.

 

These changes will accelerate in 2010 not only because the hardware and applications continue to mature, but conductivity, speed, and reliability are maturing too. This smart phone connectivity trend began to really accelerate in 2009 with the launch of the iPhone 3GS, and continued with the release of the Droid late in the year. Phone companies no longer tout lots of free minutes, but speeds at which you can transfer data. In fact, just last week two of the largest wireless carriers significantly dropped the price for talking on a cell phone, but not transferring data—that side of the wireless business is still growing and generating huge profits.

 

Beyond cell services, we're also finally seeing the maturing of wireless broadband so that most lawyers can be connected 24/7. Wireless broadband subscribers grew by 90% in the US in 2009, fueled by both a growth in coverage areas and lower pricing. The price for this wireless service has dropped by 30% and more over the past severa1 years. We are also seeing the increase in WiMax connectivity, although that has been slowed somewhat by the poor economy. WiMax is the next generation in wireless data transfer that promises faster data transfer than current 3G networks.

 

Not only is mobility changing for lawyers, but for their clients as well. Individual and business clients are using technology to spend less time in the office; and many start-up businesses are forgoing the expense of office space.  With the rise of tools such as Skype and GoToMeeting, more people are conducting meetings on-line rather than always in person.  And how soon will we see a case where a client at a police stop calls his lawyer to oversee the interaction via his iPhone using the UStream Broadcast app?

 

One Good Turn Deserves Another

I've never met Ralf Trautz. He lives in Germany, I live in the U.S. Although we share a very unique last name and first initial we don't even know if we're related. However, I do know Ralf is a really nice guy. Why? Because when he occasionally gets a misaddressed e-mail meant for me, he takes the time to forward it to me. Simple to do, but a true courtesy nonetheless.

So I when I learned that Ralf is CEO of a new on-line venture called Damodo, I offered to blog about it here in the US. And it is even easier to do than forwarding an e-mail because Ralf lays it out right on the front page of his new website:

Upload photos, documentaries, original music, presentations, short stories, books, and more. Sell, share, license your original works to the world. I, for one, am looking for some unique photos I can use in my slide presentations.

The service is presently in beta, so check them out and check back for more content.

Make Plans for ABA TECHSHOW 2010 in Chicago

The 24th edition of ABA TECHSHOW promises to be the best yet when it opens at the Chicago Hilton on March 25, 2010.  The world of legal technology is changing rapidly, and all lawyers need to understand the changes to help them more effectively and efficiently help their clients.

ABA TECHSHOW is never the same twice, mainly because technology is always changing. This year is no exception. The rise of social media as a marketing and information tool for lawyers will be front and center at the 3-day conference, including the keynote address by noted lawyer and marketing strategist, Ari Kaplan. 

In addition, one day-long track will be devoted to "cloud" computing which is taking the world--and the legal community--by storm.  Lawyers need to know and understand cloud computing because it covers a wide spectrum of possibilities for law firms from new desktop tools to new ways to offer (and deliver) legal services over the Internet. And, unlike any other generic technology conference, ABA TECHSHOW focuses the program on what lawyers need to know about the topics, including the ethical ramifications.

ABA TECHSHOW is a multi-track conference over 2 1/2 days produced by the ABA Law Practice Management Section. (In the interest of full disclosure, I am one of the nine volunteer members of the ABA TECHSHOW Planning Board.) Make your plans now to attend this conference: Block out the days on your calendar before they get filled and then register ASAP to get the best conference rate. Finally, use your favorite travel site, but I like Kayak to find the best deals to get to Chicago for this fun and educational event.

TIME Says Super Bowl Runner-Up is the Best Team

Well, they didn't exactly say that, but based on their choice for Best Gadget of 2009, the Super Bowl pronouncement can't be far behind.

TIME magazine says the Verizon Droid phone is the top gadget beating out the new iPhone 3G s released in July. What, pray tell, is their rationale?  Because it is "Android's first credible challenge to the iPhone."

Say what?

Yep, TIME says the Droid is better even though it doesn't have "the gloss and finish of the iPhone," and it's "physical keyboard is good but not great."  Yeah, and the best team in football is the Super Bowl runner-up.

So add TIME to the list of uber media outlets, including Walter Mossberg of the Wall Street Journal, who so much want Apple's iPhone to lose the crown as the best smart phone. But you can't be the man until you beat the man, and it hasn't happened yet.

Don't Miss the Lawyer2Lawyer Holiday Podcast

Lawyer2Lawyer, the weekly podcast for lawyers hosted by J. Craig Williams and Bob Ambrogi on the Legal Talk Network gets into the holiday spirit with their latest edition. This 30-minute edition features Larry Savell, Lisa Solomon and yours truly to talk about holiday gifts for lawyers. Listen to it now or download it from iTunes for your travel over the next few days--afterall there's still plenty of time to shop for Christmas, right guys?

Heart-Warming Story Illustrates the Power of Facebook

The Washington Post has a wonderful front page story today of a college student who was abandoned as a day-old baby and 20 years later used Facebook to find the two teenagers who had rescued her.  It is both a heart-warming story for the holidays and an example of the power of social networks.  Facebook is a fun for most people, but it is also growing into a tool that can be used by lawyers to find heirs, witnesses, and other "lost" individuals. Enjoy the story, but think about how you can incorporate Facebook into a law practice beyond just a marketing tool.

Debating the Intersection of Confidentiality and iPhone Security

    Well, my good friends Sharon Nelson and John Simek over at Sensei Enterprises have set off a bit of a tempest over at Solosez, (as pointed out at The Last Word) with their recent article on lawyers' professional use of the Apple iPhone. While I think they are among the elite technology thinkers in our profession, I have to respectfully disagree with their over-stated warning that lawyers should not use iPhones because they lack certain security features.

    As my readers know, I am an avid iPhone user, and have blogged and presented seminars about the iPhone in law practice. I am a practice management advisor and also present seminars on mobile security, using our Rules of Professional Conduct as a guide.

    I do not question the thoroughness of the forensic analysis detailed in the article, rather my quarrel is with their application of our Rules of Professional Conduct. Model Rule 1.6 governing confidentiality of client information is not a strict blanket concept. Lawyers must take reasonable steps to keep the information confidential; we are not required to take all steps to achieve absolute perfection in guarding our clients’ information. 

    The article suggests lawyers avoid using the iPhone because of the risk of an iPhone being lost or stolen, then found, hacked and the all data harvested and sold. In reality, what is the likelihood that an iPhone owned by a lawyer will fall into the hands of well-trained criminal hacker who knows how to jailbreak the phone, has the right equipment to harvest the data, and the contacts to sell it to someone who will use it? And how many of those phones will be wiped clean by the attentive owner using the remote wipe feature before the data is harvested? (Instructions for remote wiping are available to anyone in the iPhone OS Enterprise Deployment Guide, and for subscribers to Apple’s MobileMe service.

    Applying this very high “hit by lightening” ethical standard to a law practice is not possible or practical; we would be paralyzed against any possible breach of confidentiality. We would not connect to the Internet for fear a new virus will infect our computers, even though we have anti-virus protection. We could never engage a temporary receptionist for fear they will cause—negligently or otherwise--a breach of confidentiality while in our office.  I mean, with all due respect to receptionists, a malfeasant temporary receptionist could do more damage in a law firm in a couple days than a hacked iPhone can do in a lifetime. 

    Yes, reasonable steps are necessary to guard client data on mobile devices--including passwords and the know-how to remotely wipe the phone should it be lost. And, yes, with the knowledge provided by John and Sharon, we should be more careful.

    Furthermore, John and Sharon’s point is equally applicable to many other types of cell and smart phones, especially the older ones.  I dare say thousands of lawyers are using phones that do not have the PIN enabled nor are their users aware of what to do quickly in the event it is lost or stolen.

    I don’t think the fear of a lost iPhone should stop lawyers from using it given the freedom and functionality it gives as a productivity-enhancing tool.  Neither our Rules of Professional Conduct, nor our malpractice standards are so high as to preclude using this or other technology tools with the standard precautions we use for any computer.

    So, I'll say "nice try" to John and Sharon next time we chat, but they'll have to try harder before they pull my iPhone out of my cold dead hands! ;-)

Updated: New Additions to the Holiday Gift Guide for Lawyers

I had the opportunity to hit the mall on Black Friday, visit New York City stores on Sunday, and snoop around the Internet on Cyber Monday, so I have added several new gift ideas to the 2009 Gift Guide for Lawyers, including a new dual screen laptop computer, a surprisingly good Christmas album from a surprising source, and several items from The Billable Hour Company.

The 2009 Holiday Gift Guide for Lawyers

The Holiday Gift Guide for Lawyers is back for the fifth year with all new and unique gift ideas for lawyers and law firms. And, after Black Friday and Cyber Monday, I've now added more ideas at the end of this guide! I still don’t make a dime nor get free products, but I do get the satisfaction of knowing that I am helping lawyers, their family members and/or business partners find great gifts for Christmas and beyond. Enjoy!

The Beatles RockBand: The greatest band of the baby boom generation meets the gaming craze of the current generation in this fun interactive musical experience for Xbox 360, PS3 and Wii game systems. From Hard Day’s Night and Eight Days a Week (songs about lawyers?) to Octopus’s Garden, you’ll have fun playing and singing along with this legendary band. The full system comes with guitar, drum pads and microphone. If you don’t have a XBox/PS3/Wii or can’t steal time on your kids’ system, then go out and buy one! Fun for lawyers of all ages. Even recommended to make your law firm Christmas party really rock this year! Available from electronics retailers nationwide.

The Busy Lawyers Guide to Success had to make my guide this  year—and no, not because I co-authored it—because it is the perfect gift for any lawyer! This compact book will help every lawyer—partner, associate, or solo-improve their practice without wading through dozens of web sites, mountains of magazine articles, or pouring through stacks of books to get to the useful essence of the author's wisdom. With over 700 tips and ideas organized into 140 pages, the book is full of practical tips, tricks, and ideas that are sure to make any lawyer even more successful. is now available on Amazon, Barnes & Noble, Chapters (in Canada), and the ABA Webstore. 

 
Getting caught with dead battery on your iPhone, Blackberry, Droid or other 
smartphone is a huge faux pas today. To avoid that frustration and embarrassment, get a instant battery energizer, such as the
 FreeLoader Pro Solar Charger. Just plug it to your exhausted mobile device and draw instant power from this battery energizer which itself is rechargeable either a USB port or from the flip-up solar charging panel; comes with a plethora of adapter plugs for mobile devices including Blackberry and iPhone. $80.00 from ThinkGeek.
 

Um, ever need to get your client calls while underwater? We’re not sure who does, but isn’t it nice to know you can with the UWCP Underwater Cellular Phone System. The system comes with a special dive mask, a waterproof case for your phone (which must have Bluetooth) and a floating communication unit with a 40 meter cable to connect you while swimming in the ocean or (God forbid) your own backyard pool! From OceanReef for a smidgen under $1,800.

Xperia Pureness is an awesome new SonyEricsson smartphone that sports a transparent screen. Yep, a see thru screen. You have to see it to believe it. This cutting edge smartphone handles e-mail, text messaging, plays MP3 and ACC media files, includes a web browser, and much more. This “unlocked” phone can be used on various mobile cell service providers using GSM/GPRS/EDGE technology. (Yep, best to ask your service provider before you buy the phone.) OK, it doesn’t have the utility of an iPhone, but it just may eclipse it on the coolness meter!

Looking for a new way to show your appreciation to your firm employees? Successories now offers huge 365-carat colored glass “gemstones” with appreciative sayings, such as “You’re a gem” and “You rock”. Comes in a presentation box for about $25.00.

MoGo Presenter Mouse PC™ is a combined wireless presenter and computer mouse that stores and charges inside your laptop’s PC/ PCMIA card slot. The sleek design and size make it ideal for lawyers on the go. It includes the same functionality as conventional optical wireless mice--scroll, right click, left click--without the bulky, oversized design. With the push of a button, the MoGo Presenter Mouse PC™ turns into a wireless presenter, allowing you to control your PowerPoint presentations with 30 feet of freedom.

The Zvox Incredibase may have rewritten the laws of home theater sound. It is a 5-inch high cabinet-top box stuffed with speakers and utilizing a proprietary sound technology to make movie sound come to life. Best of all it just plugs into your TV and power source and it works! Simply super sound in a small package for under $700!

Plug the Green Button into any USB port of your computer, and
then tap it each time you’ll be away from your computer for more than a few minutes. It puts your computer into a low-power state to save energy until you return. Going green--it’s not just for tree-hugger lawyers anymore! Under $20.

Law Comix is an irreverent website for irreverent lawyers created by the irreverent mind of Charles Pugsley Fincher, J.D. The site is full of irreverent cartoons which are available for sale on mugs, steins, calendars or t-shirts from his Law Comix store. Go. Be irreverent. Enjoy.

When I recently found myself extolling the unparalleled taste
and quality of Nueske’s Applewood-smoked bacon to several lawyers, I realized it had to be added to this guide.  Nueske’s is a family-run butcher/smokehouse in Wittenberg, Wisconsin that turns out the finest smoked meats (bacon, hot dogs, sausage, etc.) you’ll ever put in contact with a taste bud. Long known to folks in the Upper Midwest, Nueske’s now supplies their products to select restaurants from New York to LA. You can get yours shipped directly to your favorite lawyer from their on-line store.

Don’t just give a gift card, give a gift membership to a local museum, a hobbyist club/organization (wine, cars, travel, hiking, etc.), or other affinity group that champions a worthy cause (environment, health, children, etc.). These groups often provide membership certificates, a periodic newsletter, and special events, among other benefits. As such,they doesn’t take up space on a tie rack or dusty office shelf; best of all it is a gift that keeps on giving all year.

 
With the advent of checked bag fees on many airlines, traveling lawyers are cramming more per bag, only to get socked with overweight bag fees at check-in. Avoid those costly penalties with a digital luggage scale. A great stocking stuffer for around $20.


Get ready to party down with this gas-powered blender from Kotula's. Some people
ask “why”; others “why not”?  If you’re in the latter category, then you are sure to enjoy this novelty at your next firm BBQ. Just fire up the 43cc, 2-stroke gas engine, grab the handlebars and open up the throttle for some truly high-revving blended beverages. Not endorsed by Tim “The Toolman” Taylor, but it should be!  Yours for under $400!

LawTunes is the brainchild of litigator Lawrence Savell who cleverly writes, performs and produces humorous songs about the legal profession and the lawyers who inhabit it. Larry’s catalogue of lawyer-focused CDs now includes his fourth holiday album, Season’s Briefings from the LawTunes. His on-line webstore conveniently provides clips of all his songs so you can pick the CD that will tickle the funny bone of your favorite lawyer!

Own a piece of true Yankee history with a pair of seats from the old Yankee Stadium.  Each pair will set you back $1,500 but comes with a letter of authenticity. Available from Yankees-Steiner Collectibles.  And for you Cowboy fans (and you know who you are), seat pairs from Texas Stadium are now available for $650 from the same collectibles company.

I have to hand it to West for developing the Black’s Law Dictionary App for iPhone. They've put a must-have resource for young lawyers and law students into a new media that many young lawyers are using. The entire searchable dictionary is now at your fingertips wherever and whenever you might need it. It even includes 7,000 audio pronunciations--mostly for those unfamiliar latin words that still permeate our lingo. At $49.99 it is not cheap, but the ease and convenience of using it makes this iPhone app a real winner. Available from the Apple App Store on iTunes.
 
If you don’t understand the term “Pon Farr” from Star Trek, skip this last gift item. If you do know Pon Farr is the Vulcan mating ritual, then you’ll be "stunned" to learn that it has been bottled into a new perfume for female trekkies to boldly go where no woman has gone before!  About $30 from select e-tailers and retailers including Borders. (And, yes, don't we all wish we'd thought of this years ago?!)

So with that, beam me up the chimney, Scotty, it’s time to get out of here!

NEWLY ADDED GIFT IDEAS--Having spent time snooping around on Black Friday and Cyber Monday and seeing what's on store shelves, I've added a few more gifts sure to please the lawyers in your life:

With dual PC monitors now populating many lawyer desks across the globe, can dual screen laptops be far behind? In fact, they are available now, including the W700ds from Lenovo. It sports a 17-inch screen and a pull-out 10.6 inch screen. It’s on sale now for $2,100. But if you wait a few days, gScreen Computer Corporation is set to release their Spacebook laptop with two 17-inch monitors that collapse into the space of one. With a powerful Intel Dual Core2 processor and Windows 7 operating system, you could be the first lawyer in your circuit to unfold one of these babies at counsel table. Not yet available in stores, gScreen plans an on-line sales event on December 15th for a few lucky customers. Price tag? Around $2,800 according to the gScreen blog.

Finland-based Nokia is expanding their market presence in the U.S. with the addition of their sleek new netbook, the Nokia Booklet 3G. With an Intel Atom processor, Windows 7, and a 12-hour battery, this newcomer is sure to turn heads. Right now it’s a Best Buy exclusive for only $300 with an AT&T mobile broadband activation. 

I started publishing this annual guide partly because I was tired of all the junky
items adorned with the "scales of justice" being touted as great lawyer gifts. What lawyer wants that “junque”? Unfortunately, that’s what family and friends seem to think we want!  One company that does a good job of avoiding the junk and appealing to lawyers is The Billable Hour Company, with gift items that fit the profession. Not every gift will fit your lawyer, but they have a nice variety of items from games to desk accessories to watches that keep time in 10ths of an hour. Clever, tasteful, and fun!

Kindle2: To be sure, I don’t have one of these, but several lawyers I know are nutty for the second edition of this electronic book platform. If you haven’t at least played with one, you should. It is a solid piece of technology. That said, some of us still prefer the look and feel of a real book; however, if the lawyer in your life has even hinted about this don’t hesitate to buy it. And if you do, add in The Busy Lawyer’s Guide to Success, which just became available for the Kindle this past week.  (Another shameless plug, I know!)

Believe it or not, 80’s arena rockers, REO Speedwagon, have released a Christmas album, Not So Silent Night featuring their versions of traditional holiday songs. Yeah, I thought that too, but head to iTunes (or wherever) and listen. Neither outrageous or sedate, it hits somewhere between the Trans-Siberian Orchestra and Bruce Springsteen. I bet you “Can’t Fight This Feeling” and buy it like I did. 

If that is not enough for you, Bob Ambrogi has provided a very helpful guide to on-line lawyer gift guides at Legal Blog Watch. Thanks, Bob!

Merry Christmas and happiest of holidays to all.