iPad

Lawyers have embraced mobile computing at a much faster rate than other types of emerging technologies. In fact, according to the American Bar Association’s 2013 legal technology survey, nearly 91% of lawyers now use smartphones in their law practices, up from 89% in 2012. Tablet use has also increased quickly, with 48% of lawyers reporting that they now use tablets in their law practices, up from 33% in 2012.

Those are impressive numbers considering that the iPhone was first released in 2007 and the iPad became available to the public in just 2010. So in less than a decade, these mobile tools have become commonplace in law offices, and tablet continues to rise.

And it’s not just practicing lawyers who use tablets. Believe it or not, judges do, too. In fact, not only do some of them use tablets — some of them rely on their tablets to get their jobs done. Judge Richard Wesley of the U.S. Court of Appeals for the Second Circuit is one of those judges. In this two-part series, I’m going to share with you how he uses his iPad to increase his efficiency on the bench and what he thinks about the effects of technology on the legal profession.

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I’m writing today’s column from New York City, where I’m covering Thomson Reuters Vantage 2014, a great conference focused on mid-sized and large law firms’ use of technology. There have been fascinating discussions about how larger law firms are adapting to change and are incorporating some of the latest technologies into their IT infrastructure. Not surprisingly, however, it turns out that like solo and small-firm attorneys, large and mid-sized law firms are often just as reluctant to adopt new technologies and processes despite overwhelming evidence that doing so is the best way to stay competitive.

But the good news gleaned from this conference is that some larger firms are adapting, just as many solo and small firms are. And that’s my goal with this column: to showcase how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. In the process, my columns will hopefully encourage and help other lawyers to do the same.

In today’s column I’ll be featuring Jill Paperno. Jill is a long-time assistant public defender, having worked at the Monroe County Public Defender’s Office in Rochester, New York for over 27 years. She’s currently the Second Assistant Public Defender and is the author of Representing the Accused: A Practical Guide to Criminal Defense (affiliate link). In other words, Jill is a diehard criminal defense attorney and has dedicated her life to defending our constitutional rights.

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“Hey litigators, I’ve got a great tool for you. It runs none of the programs from your desktop computer, has no usb port, does not have a lot of memory, has no expandable memory, but grandparents find them very easy to use. Trust me, it will be so great that people will not stop talking about its great greatness and suitability for the practice of law.”

– All the lawyers with technology blogs.

When people find out that I spend a lot of time incorporating technology into my practice, they almost always ask me, “Oh, what kind of iPad do you have?” I don’t have an iPad. I don’t use them for the same reason that I don’t take a pogo stick to work – because I prefer things that are not severely limited….

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I think that if they really wanted to do this, [the Technology Oversight Group should have said,] “We’ll buy you guys an iPad. . . . It’s less than my billable rate for one hour.”

– An anonymous associate commenting on King & Spalding’s policy of blocking access to personal email accounts on firm computers, which has now been in effect for several months. The firm ranked 125th out of 134 Biglaw firms in the latest American Lawyer Associate Tech Survey, part of the magazine’s midlevel survey measuring associate satisfaction.

* Washington is facing an unexpected issue with its new marijuana laws: training all the drug-sniffing dogs not to go crazy over pot. [Volokh Conspiracy]

* Maryland v. King, but with more Betty Draper. [Eff Yeah SCOTUS]

* The International Trade Commission has banned the importation of older iPhones and iPads for patent infringement based on a standard-essential patent. Don’t know what that means? Well, it’s kind of a big deal. [FOSS Patents]

* A federal judge likens herself to the Hulk because she lengthens sentences over the objections of prosecutors. When we first wrote about Judge Rose, Staci felt the one Senator voting against her confirmation needed a good reason. This is that reason. [Des Moines Register]

* Student trolls law professor to get grades posted before she can finish the professor’s book. The race is on! [Josh Blackman's Blog]

* As previously mentioned, THE Ohio State University President Gordon Gee was in hot water. Now he’s been s**tcanned retiring. Louisville basketball coach Rick Pitino declared Gee a “pompous ass.” One tipster noted, “Pitino Rick is an expert on the subject of pompous. Restaurant Sex too.” [CBS Sports]

* Lots of lawyers are former debaters. If you are looking to give back, there’s a new organization trying to raise money for high school debate in Kalamazoo. I mention this partly because I care about the cause, but mostly because I like writing Kalamazoo. [Go Fund Me]

* After reviewing the mindblowingly crazy BARBRI lecturer vid yesterday, Themis sent us a couple of their bar prep vids. Enjoy after the jump…

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Law firms adapt notoriously slowly to the advance of technology. Firm libraries remained years after Westlaw and Lexis usurped print. Fax machines continued to whir after the advent of the PDF. The pyramid scheme of career advancement rolls on.

So it’s refreshing when law firms take the bull by the horns and seize on new technology. A few Biglaw firms have created smartphone apps as a new avenue for putting their work product in front of clients.

Think “Texts From Last Night” with more tax analysis.

What Biglaw apps are out there?

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Andrew “weev” Auernheimer

A famed hacker, Andrew “weev” Auernheimer, was sentenced to 41 months in prison yesterday. A jury convicted Auernheimer of conspiracy and identity theft back in November stemming from his role in a scheme to snag the personal email addresses of over 114,000 iPad users, including Mayor Michael Bloomberg, Diane Sawyer, and Mayor Rahm Emmanuel.

Auernheimer argued that he acted as an uninvited “gray hat” hacker, grabbing the email addresses of customers for the sole purpose of exposing the flaws in AT&T’s security.

The sentence, at the upper end of the Guidelines range, is a far cry from the non-custodial slap on the wrist Auernheimer’s attorneys sought. There are two broad categories of response to the sentence. First, that Auernheimer is a completely terrible human being, but that his being a dick does not justify the harsh sentence. Second, that Auernheimer did not commit a real crime because he never intended to steal anyone’s identity and the Computer Fraud and Abuse Act is a bad law.

To these arguments, I reply “yes it does,” and “who cares?”

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On Friday afternoon, after just under three days of deliberation, the Apple v. Samsung jury came back with a tidy little verdict awarding just over $1 billion to Apple. Meanwhile, Samsung got nothing on its counterclaims.

It was a big win for Apple, and it came surprisingly quickly. As Elie pointed out, it would take many smart people more than three days to even understand all the the terms within the 109 pages of jury instructions. Aside from the jury itself, it seemed no one was ready for the verdict. One attorney for Apple even showed up in a polo shirt.

Let’s have a post-mortem run through of the case (and a quick-and-dirty look at the massive attorneys’ fees incurred by both sides)….

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What. A. Day. Long long ago, in a time before lunch, I again trekked down to San Jose to watch the closing arguments in Patent Super Bowl 2012: Apple v. Samsung. That, and go through the most boring morning of my life, as close to 40 attorneys, dozens of spectators, reporters, and the unseen masses in the overflow room, sat through a reading of 109 pages of jury instructions.

But after lunch, we finally got what we hoped for: four hours of impressive performances from Charles Verhoeven, Bill Lee, and Harold McElhinny. We’ve probably got a year’s worth of Quotes of the Day from this afternoon, but by the end of the day, one phrase, one idea was abundantly clear: “The world is watching.”

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