* In a “historic day for our judiciary,” the Senate confirmed the first openly gay black male judge, and the 112th female federal judge appointed by Obama — more than any other president. Congrats! [AP]
* “It looks like science fiction, but it’s real.” That’s probably what the good folks at Amazon are going to say after they take a look at Akin Gump’s bill for its drone delivery lobbying efforts. [Legal Times]
* A 90-year-old judge removed himself from Michael Jordan’s big-money case against a grocery store chain, but dropped the gavel on the basketball star’s lawyers before leaving the bench. [Chicago Tribune]
* This Ohio attorney was suspended after he sent some pretty dirty text messages to a 3L who was working in his office. He just wanted assistance on his pro boner representation. [National Law Journal]
* Give this man some money: Jonathan Fleming, the New York man who was wrongly imprisoned for almost 25 years for a murder he didn’t commit, has filed a $162 million lawsuit against the city. [Reuters]
I store my files on the cloud. Whenever you store your confidential stuff on someone else’s computers, you have to be wary of two things: security and privacy. A few weeks ago, I wrote this article about how to beef up your security, so today, I am going to talk about privacy.
The general consensus is that lawyers can use cloud computing. The ABA has put together this map that explains ethics opinions on the use of cloud computing by state. To sum it up, about 20 or so state bars have issued opinions that storing data in the cloud does not per se violate a lawyer’s duty of confidentiality, but you have to use reasonable care in storing your docs online.
There’s a movie on Netflix streaming right now called “Terms and Conditions May Apply.” It’s a scary documentary about how we agree to give away access to our data in the fine print of all of the internet services we use from email to social media. So, how does that relate to confidentiality of client files we store on the cloud?
For many years, we’ve had ongoing debates about whether or not it’s ethical or legal to use open WiFi connections. It’s one of those debates that never seem to stop. Unfortunately, in a ruling yesterday, the Third Circuit appeals court suggested that merely using an open WiFi network may be a criminal act. This is hugely problematic for a variety of reasons.
Allow me to introduce myself. My name is Nicole Black. My column, Today’s Tech, will highlight how individual lawyers are using specific technologies in their law practices. More on my column later, but first let me explain who I am and why I’m writing this column.
Above all else, I’m a total geek. My geekery started back in the late 70s when I was in elementary school and my dad brought home a TRS-80 computer. I had to learn how to program in BASIC to get that computer to play Pong. But trust me — it was worth it.
It was in law school in the early 1990s that my geek status was solidified. That’s when I became a diehard Trekkie. Star Trek: the Next Generation was my escape from the stresses of law school, and I watched it religiously. I was fascinated by the technologies used by the characters and the writers’ vision of the future and remember thinking how amazing — and unlikely — it would be if we had just a few of those technologies available in my lifetime….
* Law firms are rushing to get into the marriage equality game — but only on one side. [Reuters]
* Here’s a nice little listicle of famous female criminals. Just in time for Orange Is The New Black. [Arrest Records]
* Virginia State Senator resigns and changes the leadership of the Senate to the opposite party. Why would he do this? His daughter isn’t going to get a judgeship out of this or anything is she? [Slate]
* The Republicans are in long-term trouble. Maybe they should consider becoming the “party of innovation.” Apparently regulation is the only thing holding that back. Not investing in education, infrastructure, or having a government hostile to science. [National Review]
* Philip K. Howard, the author of The Rule of Nobody (affiliate link) sat down with Jon Stewart on The Daily Show last night. Video after the jump….
Every couple of months, I get a legal technology newsletter that mentions the Word vs. WordPerfect debate. It’s not so much a debate as it is a handful of lawyers arguing with everyone that WordPerfect is better than Word. I’ve had this discussion in person multiple times before as well. A few months ago, an attorney tried to convince me that WordPerfect is better because you can press ctrl+c and ctrl+v to copy and then paste text. People usually bring up that federal courts require proposed orders to be in WordPerfect format (although this is no longer true). No matter what the argument is, there is usually some name calling.
WordPerfect is like Latin. It’s dead and used only by lawyers. When I see people arguing why WordPerfect should still exist, I always picture that person as someone who still has a Gore/Lieberman bumper sticker on their car. It’s over. Decisively over. It is the betamax of word processing software. It has lost the race.
Most people have moved on from WordPerfect for the same reason that language was invented in the first place: to communicate with others. You cannot share .wpd files with people outside your office. Unless you represent Corel, your client probably has Word. Sure you can open a .wpd in Word or save a WordPerfect file as a Word document, but the formatting is so screwed up that it’s usually unusable as a pleading. And, sure you can save it as a .pdf, but then you might as well print it and scan it.
Here are the arguments that I see every time on this issue:
Since Lat tweeted this past weekend about my UpCounsel profile, I thought I would share some thoughts about my experience with the service to date. First off, compared to leaving a Biglaw partnership to open a new firm, trying out a new legal platform was easy. I first heard about UpCounsel from a former in-house client who had struck out on his own. He happens to now be back in-house, but at the time we discussed UpCounsel, he was very enthusiastic about his experience using the site. Since I happen to like trying out new things, signing up once I left Biglaw was an easy decision.
Notice how I did not join UpCounsel while a Biglaw partner. Such things are simply not done. For all of Biglaw’s talk about encouraging partners to be “entrepreneurial” or to “try new marketing ideas,” there is a lot of resistance to using “new ways” to reach potential new clients. Couple that inertia with a general distaste towards marketing individual lawyers at the expense of “firm branding” (aside from a select group of key current rainmakers), and platforms like UpCounsel face a Tough Mudder-level set of obstacles to overcome if they want to break into the Biglaw firm marketing rotation. But I don’t think UpCounsel and their “evolution of legal services”-oriented kin want to….
* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post]
* Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s internet speeds are. [DailyTech]
* The emerging schism in the LGBT community on whether the term “Tranny” is empowering or a slur. Of course this is Legal Insurrection coverage, so the conclusion here is everyone who’s not with the straight white male program should just keep quiet, but the issue itself is interesting. [Legal Insurrection]
In Waukesha, Wisconsin this week, two 12-year-old girls tried to murder another 12-year-old girl. Morgan Geyser and Anissa Weier were charged with attempted first-degree intentional homicide for allegedly stabbing their young classmate 19 times. They each face up to 65 years in prison. Though news media typically do not name juvenile criminal defendants, numerous outlets have in this case, because of the severity of the charges and because the girls were charged as adults. Waukesha County District Attorney Brad Schimel said that bail was set for $500,000 for each defendant.
According to police, Geyser and Weier planned the crime for months in advance. They invited the victim to a sleepover at Geyser’s home on Friday, originally plotting to cover the victim’s mouth with duct tape and then stab her in the neck, before running away. Instead, they decided that they would lure the victim to a nearby park the next day. Weier told police that she knew that the park bathroom had a drain in the floor where the blood could go down.
Geyser and Weier told their victim that they were going to the park to go bird-watching and play hide-and-seek. “People that trust you are very gullible,” Geyser reportedly told a detective. They passed by a public bathroom and some trees, and then, “Stabby, stab, stab,” Geyser said.
A bicyclist discovered the victim after she crawled to a sidewalk outside the woods. The victim, who was originally in critical condition, has now stabilized, according to a hospital spokeswoman.
Geyser later apologized when talking with police, then added, “It was weird that I didn’t feel remorse.” When they asked her what she was trying to do when stabbing her friend she said, “I may as well just say it: Kill her.” When police asked Weir if she understood what it meant to kill someone, she replied, “I believe it’s ending a life and I regret it.”
What motivated this horrific chain of events? The answer can be found on the internet…
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.