If I’m applying the First Amendment, I have to apply it to a world where there’s an Internet, and there’s Facebook, and there are movies like … ‘The Social Network,’ which I couldn’t even understand.
– Justice Stephen Breyer, in remarks made yesterday at Vanderbilt Law School (gavel bang: ABA Journal).
This morning, the Senate had a TSA oversight hearing to discuss serious issues around secure air travel, notably the use of see-through-your-clothes scanners and aggressive “crotchal area” patdowns. A highlight was the TSA head offering any of the senators that wanted one a sample patdown to experience it for themselves. No happy ending guaranteed.
For the patdowns and scanners, that is. “There must be a way to figure out how to do what’s necessary… and for the privacy concern to be addressed because it’s legitimate,” said Senator Kay Bailey Hutchison in her opening remarks.
Frequent flyers are increasingly annoyed with their air travel experiences, whether they’re being scanned, felt up, paying for extra bags, or having their flights delayed or canceled. One U.K. man turned to Twitter in January to vent his frustration when his visit to a lady friend in Ireland was thwarted by a snowstorm. Paul Chambers tweeted, “Robin Hood airport is closed. You’ve got a week and a bit to get your sh*t together, otherwise I’m blowing the airport sky high!!”
The British sense of humor tends to be dry. Chambers’s was too dry for the courts there. He was convicted of being a menace and ordered to pay $4,800 in costs and fines. When his appeal was denied last week, it caused an explosion on Twitter. And those protest tweets will soon be turned over to police…
Continue reading “Brit Twit’s Sense of Humor Does Not Appeal”
What a wild week in Washington! In the aftermath of hundreds of thousands of people rallying for sanity, the Republicans trounced the Democrats in the House.
As for me, when I wasn’t cleaning the millions of dollars I had stuffed in my closet to hide from the IRS or arguing with my therapist about how versatile my JD degree is, I spent the rest of the time collecting information for this week’s Rundown. Among other things, this edition covers my discussion of the the book “6Ps of the Big3,” a major technology acquisition, a possible flaw in the workflow of the e-discovery process, musings of one of the world’s most widely traveled lawyers, and a new exam for certifying e-discovery qualifications…
Continue reading “The Rundown: This Week in Legal Technology – 11.06.10″
This week, after boring myself to death listening to Lillian McEwen discuss Clarence Thomas’s “activities” on Larry King, I knocked back a couple cans of Four Loko to ease the pain and got right to work on this week’s Rundown.
Lots of free stuff available after the jump, including a free e-book on legal productivity, a newsletter on social media and the law, and a whitepaper on law practice management. There’s also a website that covers the entire history of social media from way back in the day when we had Usernets and BBS, and another article on how dubious discovery could land you in the slammer.
So let’s get on with it. Here is this week’s Rundown…
Continue reading “The Rundown: This Week in Legal Technology – 10.28.10″
What happens in Vegas stays in Vegas. Unless it involves defamatory Facebook postings and a retaliatory lawsuit.
The new CBS show The Defenders has Jim Belushi and Jerry O’Connell dramatizing and glamorizing the life and work of Las Vegas attorneys. But for the real attorneys working in the tumbleweeds of Nevada, it can be a tough gig. Ask Jonathan Goldsmith, a “60% Bankruptcy / 10% Family Law / 10% Criminal Defense / 5% Personal Injury” of counsel at Rosenfeld & Rinato. (They don’t bother with associates there — you’re either of counsel or a founding partner, even if you’re just two years out of law school; Goldsmith is a 2009 University of Las Vegas law grad.)
Goldsmith was plaintiff’s counsel in a divorce case, and the husband being divorced, Jordan Cooper, took a disliking to him. Which he naturally expressed on Facebook…
Continue reading “Nevada Lawyer Sues Over Mean Facebook Comments”
I’d like to believe we live on a planet where reason dictates the choices we make as well as the policies of law firms. As numerous personal experiences and Above the Law articles have demonstrated to me, this isn’t always the case. And nowhere is this irrationality more perplexing than firm policies towards LinkedIn recommendations.
LinkedIn has a feature that allows lawyers and clients to write recommendations of each other. For a recommendation to be published online, it has to “accepted” by the person being recommended. The problem is, major law firms are prohibiting the use of LinkedIn recommendations by their attorneys (both inbound and outbound). Referrals and peer-to-peer recommendations are the lifeblood of most practices.
So why are so many firms prohibiting their use online?
This past week, bestselling author Seth Godin pointed out that most bloggers and users of social media are failing miserably:
There are millions of songs on iTunes that have sold zero copies. Millions of blog posts that get zero visitors each day.
The long tail is real… given the ability, people create more variety. Given the choice, people seek out what’s just right for them to consume. But, and there’s a big but, there’s no guarantee that the ends of the long tail start producing revenue or traffic. And a million times zero is still zero.
So what are attorneys with little or no traffic to their blogs doing wrong? Let’s discuss….
Continue reading “The Key to a Good Law Blog? Try Listening.”
Almost two years ago, I joined Twitter to help find a publisher for a book I was writing. A couple weeks later, a friend I followed on Twitter asked, “Does anybody know a contracts lawyer?” I responded and won a new client. A lawyer winning business on Twitter was somewhat unusual at that time, but it isn’t anymore. In the 2010 ABA Technology Survey Report, 10% of respondents “had a client retain their legal services as a result of use of online communities/social networking.” While 10% may seem small, it represents a dramatic shift in law firm attitudes towards social media.
So how are the successful attorneys doing it? By personally maintaining a presence online: 56% of attorneys reported having a presence in 2010, up from just 43% in 2009 and 15% in 2008. (In 2008, the social networks mentioned in the survey were Facebook, Second Life and LawLink — so times have changed a bit.) Bottom line is, there has been a clear shift over the last three years. Take a look at the classic innovation curve:
For those unfamiliar with the Rogers Innovation Curve, think of the first group of innovators as those who stood in line for the first iPhone, and the second group of early adopters as those who did their research and jumped on for the second version of the iPhone. The early majority represents widespread acceptance of the technology, and the late majority is when people like my father (who just recently stopped dictating emails to his secretary) buy iPhones. The laggards are those who have not yet figured out how to turn on their computers.
Participating in social networks is no longer a fringe activity enjoyed by the innovators and early adopters; it is now enjoyed by the early majority and a piece of the late majority. Social networks have hit the mainstream for lawyers, and since lawyers tend to lag behind the rest of the population in acceptance of new technology, I suspect there is even greater penetration among businesses and key decision makers.
How are different groups of lawyers responding to the social networking revolution?
Continue reading “ABA Survey: Lawyers Profiting From Web 2.0″
“The secret to happiness in life is setting low expectations.”
– My Uncle Lyman
Over the past few weeks, in the comments to my ATL posts, there have been a number of questions about whether or not large law firms are bringing in real clients through their law blogs. While we have seen some instances of big wins that have come as a direct result of law blogs, these have been rare. What about the average law blogs? Have blogs lived up to the expectations of Biglaw firms?
My inquiry began by looking at all the law blogs of the Am Law 100 firms. Click here to see the full list. As you can see from the chart, the majority of the law blogs come from just a few firms. In fact, 5 percent of the firms account for 49 percent of the total law blogs of the Am Law 100.
So I went directly to these firms and asked them: Have the law blogs been worth it? Have they been worth the money, the effort, and the (expensive) billable time of the attorneys?
I spoke to several law firm partners and marketing officers to find out….
Continue reading “Have Law Blogs Failed to Live Up to Expectations? Biglaw Partners Opine”
In a classic Seinfield episode, Jerry gets the phone number of a girl he is interested in from off of a list of people donating money for the AIDS Walk. Jerry does his best to keep this a secret from the girl, but eventually he lets it slip to George, who lets it slip to Susan, who tells her friend, who spills it it to the girl. The girl ends things with Jerry, offended that he would use a charity list to pick her up.
Why did she care? Because the way people get our information and how they use it matter to us. People hold on to their contact info as if it were solid gold. You give up your phone number and email address too easily, and you will be forever harassed by spam.
People do give up their email addresses, though, especially in exchange for information that they really want, or to people they like. This allows for something called permission marketing, an extremely powerful tool for building a prospect list for your practice. List building is an essential aspect of business development that is far too often overlooked. Often lost in the debate over the viability of social media is an improper or ineffective utilization of existing contact lists….
Continue reading “Email Marketing and the Power of Permission”
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at asia@kinneyrecruiting.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
Also, we have the two below in-house openings:
Keep reading »
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
Keep reading »
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