2nd Circuit, Federal Judges, Technology

Today's Tech: A Federal Judge And His iPad (Part 2)

What does Judge Wesley of the Second Circuit view as the weakness of the iPad as a work tool?

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In my last column, I shared how Judge Richard Wesley of the U.S. Court of Appeals for the Second Circuit is using his iPad while on the bench. I explained how he got started using technology—by using PDFs instead of paper documents—and eventually transitioned to using his iPad for many of his judicial duties. And we learned that not only does he use an iPad, he has managed to convince some of his Second Circuit colleagues to do the same, thus reducing the amount of paper used by the judges.

It was clear from my last column that Judge Wesley is sold on the benefits of using technology. But he’s also well aware of the drawbacks—a topic I promised to cover in today’s column. So let’s get started.

When I asked Judge Wesley if he ever felt that paper documents trumped digital, he informed me that there were occasionally times that the iPad was less than ideal: “When I was on the New York Court of Appeals and preparing for the fall sittings, there were times when I used to love reading briefs while sitting out on my back porch on a nice summer day. With an iPad that’s difficult to do because of the reflective screen. So with the iPad I’m mobile and can move around and use it in many places, but one place I can’t use it is in the sun. I miss that a bit.”

And even when not reading briefs in the sun, he still sometimes yearns for the feel of pen to paper. “Once in a while when a brief is particularly vexing or troubling to me I’ll print it out and jot down random thoughts. Then I’ll use that as a blueprint when I edit,” he admits. “Sometimes I also miss the ability to physically pick up the paper documents and walk around with them. Of course I can do the same thing in many ways with the iPad. For example, next week when my wife and I are heading to New York City for a wedding, I guarantee that when I’m not driving I’ll be reading on my iPad. In the old days when we took trips I used to take two large SEC briefcases along, so the iPad certainly beats that!”

Not all of his fellow judges have taken to technology as adeptly as he has, for any number of reasons, although Judge Wesley suspects generational gaps have something to do with it. “I don’t think there’s anyone in the court that is staunchly resistant to the use of some technology to make our work a bit easier. For example, I’m not aware of anyone requiring the delivery of paper copies of reports, but some judges may still prefer to have the digital versions printed. But I know a fair number are now using and storing them,” he explains. “The dividing line seems to be around my age. I’m 65 and the judges that are younger than me are more familiar with computers and readily use them as opposed to those who are older and less likely to do so. But there are definitely exceptions. A few of my senior-status colleagues are very adept at using the computer in their work.”

Even though not all of his colleagues have embraced technology to the same extent that he has, Judge Wesley believes that eventually they’ll begin to do so. This is because over time, their jobs have become increasingly complex and technology helps to simplify their workflows. “I can remember sitting in my law office’s library in Geneseo and using Shepard’s to try to find a case that explained a principle of law from another case I’d found. There’d be stack of books in front of me and lots of dead ends and using Shepard’s didn’t always help you winnow down to the precise area you were seeking to clarify. Book research was laborious and technology has changed that.” He continues: “Some might say it’s changed how we think about the law and that might be fair criticism. But when it comes right down to it, technology has made us far more productive and given us the tools to adapt to a world of changing demands. I think my job is easier today and I’ve been an appellate judge for 20 years. That being said, it’s important to avoid blindly embracing every new technology. As lawyers we have a duty to remain skeptical and to pursue our professional responsibilities with diligence whether with an iPad or a book. That will never change.”

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Judge Wesley offered this parting advice to lawyers and judges seeking to incorporate new technologies into their workflow: “If there’s a message that I hope comes from this interview, it’s this: the one thing I’ve learned is that once you learn how to use technology, it frees you up from the fear of it, and you start discovering new ways to incorporate it into your daily routine. I’m always trying something new and when a colleague tells me about something they’re doing, I can’t wait to try it. It’s not knowing that makes people hesitant to use it.”

He laughs. “Trust me, if an old judge from Livonia, New York can do it, anyone can.”

So that’s how a federal appellate judge uses his iPad. As always, if you or an attorney you know is using technology in a creative or unusual way in your law firm, drop me an email at niki.black@mycase.com. I’m always looking for new attorneys to feature in this column.

Earlier: Today’s Tech: A Federal Judge And His iPad (Part 1)

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Nicole Black is a Rochester, New York attorney and Director of Business and Community Relations at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter at @nikiblack and she can be reached at niki.black@mycase.com.

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