Technology-Lawyer

Dennis Kennedy

Technology Law and Legal Technology. Dennis Kennedy is one of the few technology lawyers who is also an expert on the underlying technologies. Dennis an award-winning leader in the application of technology and the Internet to the practice of law. DennisKennedy.com gives you access to a wide variety of Dennis Kennedy's resources on legal technology, his writings, his well-known blog, DennisKennedy.Blog, and information about how you can have Dennis speak to your organization or group.

Dennis Kennedy is one of the most knowledgeable legal technologists you will find. - Michael Arkfeld.

Dennis Kennedy, a lawyer and legal technology expert in St. Louis, Mo., has been a significant influence in the ever-evolving relationship between lawyers and the Web. - Robert Ambrogi

Archive for October, 2004

Tech Leasing for Lawyers – Law Office Computing

Wednesday, October 20th, 2004

Hey, that’s me in print! I publish so much of my writing directly on the Internet these days that it’s fun to see an article appear in print.
My article on technology leasing for lawyers appears in the October / November issue of Law Office Computing along with the customary collections of great articles you’ll find in LOC each month. You’ll need a password available to subscribers to access the article, but, if you are interested in legal tech, subscribing to LOC would be a wise move to make.

Upcoming Presentation:

Wednesday, October 20th, 2004

I’m thrilled to be part of a major St. Louis Open Source education event produced by the great people at Washington University’s Center for the Application of Information Technology. Bill Darte at CAIT has outdone himself in putting together a group of sessions that address where the rubber meets the road in Open Source use and development.
It will take place on October 28th and 29th. I’ll be covering the legal aspects of the Open Source licenses on the afternoon of the 28th and may sneak onto a panel or two on the 29th to provide some legal perspective. Otherwise, I’m looking forward to learning a lot of practical information about real world uses of Open Source software. Note the special fee arrangement for corporate counsel.
Here’s a copy of the notice. Registration info may be found at http://www.cait.wustl.edu/courses/OPEN50.co
Open Source Software in the IT Mix
Description: This event will provide a comprehensive view of Open Source as an increasingly important IT alternative to the dominant commercial software alternatives. Across the board from niche security products to mainstream applications development these technologies are taking hold. Linux has made major inroads into the corporate server environment and even the dominant Windows desktop is increasingly threatened. Often thought of as ‘Free’ software, Open Source alternatives can pose a complicated licensing issue for organizations. Many other issues related to contracts, version updates and user enhancements cloud this realm of IT decision making. CAIT will explore this topic using Open Source experts and a panel of local IT professionals who are engaged in analysis or implementation of Open Source solutions.
Audience: IT managers across all technologies will benefit from hearing what colleagues have to say about their Open Source experience. IT executives will benefit from the discussion about policy and licensing issues as will corporate Legal Counsel.
Prerequisites: There are no prerequisites.
Objectives: After completing this seminar, participants will be able to:
Evaluate open source alternatives
Understand legal and licensing issues
Know of other open source initiatives in St. Louis
Course Outline:
Day 1
Open Source: A complicated but Important Issue for IT (David Shields – IBM)
Open Source License Legal Issues – Does “Free” Really Mean Free? ** (Dennis Kennedy – Washington University Law School)
** Corporate Attorneys from CAIT Member Companies may attend this session at no charge. 3.6 CLE credits will be awarded for this session through the Missouri Bar.
Day 2
Open Source Alternatives
Linux on the Desktop (Pulitzer Inc.)
Linux as a Server Platform (Tsunami Research)
Open Source Security Tools (Maritz)
Developing Applications with Open Source Technology (Global Velocity)
Open Source Network Management Tools (Maritz)
Other Rational Open Source Policy (CAIT – Washington University)
Pricing
Pricing for 1st Individual
CAIT$ $ 610
Member $ 670
Non-Member $ 820
Pricing for all additional Individuals (1/2 price)
CAIT$ $ 305
Member $ 335
Non-Member $ 410
Lunch is served daily
Note: My earlier articles on the Open Source licenses are now available on my new eBook called “Unlocking the Secrets of Technology Law and Legal Technology.”

Coach Steve Porter, RIP

Tuesday, October 19th, 2004

My brother Steve emailed me with the news that our high school cross-country coach, Steve Porter, had died last Friday. My brother called last night to be sure I’d gotten the email. We talked for quite a while.
When anyone dies at age 53, it only makes sense to call it “unexpected,” but my brother and I pooled our detective skills and limited information to try to guess what had happened. My brother, a volunteer fireman, had come to his conclusion, probably correct, based on the hospital involved and his assessment of emergency procedures, but expected to talk to others with more information later.
I’ve thought about Coach Porter over the years, both for the enormous impact of his coaching on me and the puzzling end of his coaching career in what can accurately be called a scandal that was both too public to deny its existence and too confusing to reconcile with the experiences we all had.
I haven’t had many links to Vietnam in my life, but Coach Porter’s story was one that we all felt showed some of the wounds of Vietnam. He had been a state champion track star who enlisted in the army to become a clerk typist in Indianapolis. He ended up as an MP in Saigon where both his knees were broken breaking up a bar fight. That was the story he told us, with a fair amount of bitterness.
Coach Porter didn’t mention the Bronze Star the obituary covered, but neither did my great-aunt who got her star as a POW in the Philippines in World War II.
Coach Porter walked with a limp and, unlike many coaches, he never ran with us. We would joke and tease him about many things, but we left that subject alone.
My high school athletic career was modest at best, and a bit checkered. My focus was on track, primarily the hurdles and quarter-mile, if you are interested.
The unwritten rule at Garrett High School was that you needed to participate in a fall sport – football or cross-country – to run track in the spring. At the end of the summer before my junior year, I had some surgery (my memory is that Richard Nixon resigned while I was in the hospital) that kept me from participating in the fall sports. If I would have done the expected and hung with my friends, I would have securely held down the end of the bench on the football team that won the state small school football championship in Indiana in 1974. Of course, I’d now be making jokes like my friend Mike Wilcox that if they invite him to the championship team reunions, they must also be inviting the tackling dummies.
The following spring track season was a hellish experience that drained most of the enjoyment I had for running out of me. We had a coach who embodied almost every negative stereotype of coaches that you can think of. To this day, you can get my high school buddies to rant for at least 45 minutes straight just by mentioning this coach’s name.
Among his other dubious practices, he had an ever-changing and incomprehensible set of zillions of rules, with fines for even the tiniest infractions, and suspensions for almost anything else. I was suspended for a week for going to a restaurant for lunch after my events were over at the day-long Goshen Relays, going the Penguin Point restaurant, which still was in business the last time I drove through Goshen, as track teams had been doing for years. He made a rule against it after the fact and suspended people for breaking it. I was suspended again for telling him that I was going to the academic honor banquet instead of a track meet that conflicted with it. That suspension was lifted as soon as parents and the administration heard about it. If you’ve ever heard Johnny Rotten singing “No Fun,” you’ll have a good idea of what I felt like.
At the last meet of the season, I ran a couple of different events and found some of the fun I had been missing. A week or so later, I ran the half-mile in an open event in the neighboring big city with some of my track pals and wondered if I had found the right race for me. My running buddies were all planning to run cross-country and, despite my reservations about running two-and-a-half mile races, I agreed to join up and spend the summer running with them. One of the selling points was that there would be a new coach coming in.
Sometime during the summer, I got into a pattern of running twice a day. In the mornings, I’d run with Neal Esselburn and one or two others. In the evenings, Dan Somers would come over to my house and we’d go for a run in the evening. I’d never trained in anything like that manner nor had more fun doing so.
As it turned out, the summer of 1975 was a magical time in the small town of Garrett, Indiana. The Garrett pool and the big parking lot and park that surrounded it became a gathering point for kids from the surrounding area. I’ve always wanted to write a book or make a movie about that summer and the way it became the kind of scene that small town teenagers have ever hoped for – kids sitting on cars on warm summer nights, listening to music, hanging out with friends, meeting new people. The movie “Dazed and Confused” captures the time very well, but it’s not my movie.
Of course, it all got shut down by the following summer, but I’ll still take a swing by there when I’m back in Garrett, just to see if anything is happening. Last time, I found it was against the law even to ride your bike into the parking lot.
Dan and I got into a routine where we’d go out for a long run that always ended up at the pool. It wasn’t really a party. It was more of a comfortable gathering spot where young people could hang out with young people in a cool way that I’ve not often seen. My mom and dad used to comment that we had an unusual running route – we left running at 6:00 and then a carload of girls would drop us off at home around midnight. These were the days before central air conditioning and with windows open, it was hard to keep much secret. As they say, we were all just friends, living a big friendly vibe in our little space.
School eventually arrived and we’d heard rumors of the new cross-country coach, mainly about his military background and the cool car he drove. I’m sure it was Neal who talked us all into buying neon green adidas SL-76 running shoes, which probably distinguished from other small town cross-country teams even more than we expected. In a way, it was a first test for Coach Porter, in what may well have been his first coaching and teaching job. The track coach would have kicked us off the team for wearing shoes he didn’t approve. There was no way, constitutionally, that he could have tolerated them. In fact, during the following winter, he made it clear that we’d all have to get different running shoes if we wanted to run track in the spring.
Looking back at the pictures, it was quite a crew that Coach Porter faced when he first met us, with Neal, who had decided to bleach his hair the blondest blonde imaginable, leading us. It was quite a collection of free spirits.
What I’ll always admire about Coach Porter is that he met us from the start with an attitude of respect and trust. He expected that from us, but, more important, he gave that to us as well. One of his first announcements was to say that he was not going to have a bunch of rules, prohibitions and curfews. In fact, he didn’t expect to have any. Loud applause. He believed that if we cared about the team, ourselves and what we wanted to accomplish, we would do the right things. Plus, he said with a smile, his practices would make us want to avoid the consequences of the behaviors we all knew were wrong.
He liked to schedule early Saturday morning practices, with the subtle threat of moving them to an earlier start time or even scheduling them on a Sunday if he got wind of the types of parties so aptly captured in the movie “Dazed and Confused.”
In fact, probably all of us on the team would point to one early morning practice following a big Friday night party that most of the town probably attended. We ended that practice running hundred-yard sprints on the football field, one right after another, until, mutually, the target clearly became one hundred. Tired as we were, winning that hundredth sprint became a badge of honor we all wanted. I was pretty fast at that distance, but I have no doubt that everyone there remembers that he won that last sprint. And that’s the way it should be remembered. We won it together.
Coach Porter had that unusual ability to get you to push yourself and get more out of yourself than you ever expected. He’d push and cajole, but mainly he put the challenge out there for you and give you his confidence that you could do it because of his confidence that you could do it. I realized over time that this type of approach and environment of respect, trust, freedom, support, challenge and genuine care about people is the place where I thrive.
Another great memory everyone has involved one of the few times that Coach Porter took on a acting persona that did not match the genuine approach we expected. We had performed well below our expectations in a race where we should have done much better and could have surprised some very good competition. We were as disappointed as he was.
At the next practice, Coach Porter had us sit on bleachers and wait for him to come out to talk to us. When he came out, he was carrying a clipboard and had on what he thought was a very angry face. We thought it was comical but kept very quiet. He launched into a well-rehearsed tirade that was completely out of character, ending when he threw down his clipboard in his “fury.” When he threw the clipboard, we all burst out laughing. Seconds later, so did he.
He shared the laugh with us and then spoke simply about his disappointment and our disappointment and inspired us to work harder than any tirade ever could have. It is a rare person who can make that turn. He was also cool enough to tolerate our joking with him later by asking whether it was “time to throw the clipboard again?” I could have imagined at least one other coach who would have kicked us all off the team on the spot.
When I look back, I’m grateful to have had the opportunity and a coach who took me about as far as my athletic skills (and too-high arches) would take me. I have both a mental and a physical memory of what it is like to be in great physical condition, all of which helped me lose a significant amount of weight (and keep it off) over the past few years.
My current approach to cycling is also shaped by that cross-country season, especially the impulse to tack on another mile when I reach the point that I promised myself that I’d stop. That comes from what Coach Porter called the “dreaded fifth man” practice, which was designed to identify the person who would be expected to take up the responsibility for being the final person whose score counted for the team score.
Our running course was on a golf course. In essence, it involved a half-mile start and then two one-mile loops. The idea was that, during this practice, we would have the standard 2-1/2 mile race among ourselves. When we neared the finish line, Coach Porter yelled, “Take another lap!” We hesitated for a second, and then raced another lap. We got to the end and he yelled, “Take another lap!” Away we went. There might have been another round – maybe not. You never know what you can accomplish, and the fun you can have reaching there, until you are challenged by someone who you feel knows what you are capable of.
Unfortunately, in my case, I also learned the limits of running that much on feet that were not built to take the pounding. The “dreaded fifth man” practice probably was the pinnacle of my running career before foot problems set in. I often, however, find myself saying “take another lap!” as I approach home after a long bike ride.
Over time, I found myself adopting many elements of Coach Porter’s style and approach to coaching and mentoring, especially trying to create an environment where people can excel at what they do best. If you ever work with me, you’ll notice an absence of a bunch of rules, a respect for your professionalism and the assumptions that I can have confidence in you doing what you do best, that you are at heart a responsible person and that you understand and accept the consequences of your decisions and your actions. I will, however, push you to reach levels that I think you are capable of, even if you do not yet realize you can achieve them. And, I try to keep a good sense of humor about things. If I ever tried to slam down a clipboard to make a point, I know I’d fall on the floor laughing at myself.
Coach Porter and I never had a relationship that featured long, extensive conversations. It was always shorter and more to the point. I dragged out my high school yearbook tonight because I knew that Coach Porter wrote something in my senior year book. It said simply, “You’re fast. Get faster.” It might surprise you to hear that these few words meant a lot to me then. Still do.
I’d like to say that all this came to a happy ending. I’m not sure that it did. In protest, all or almost all of the cross-country team refused to run track the following spring. As I alluded to earlier, the ban against our SL-76 shoes even before the season started indicated what we might expect. For me, a case of mono made it all a moot point anyway.
I heard about Coach Porter over the years from my buddies who occasionally saw him, but I believe I never had the chance to speak with him again after leaving Garrett for college. My youngest brother, Steve, ran cross-country for Coach Porter for a year, maybe two, after I graduated, and was around when things fell apart. Even so, to this day, there’s no one else I call “Coach.”
Here’s where I try to reach the happy ending. Maybe four or five years ago, I got home and played back the phone messages. To my surprise, I heard the voice of Coach Porter. He had found my website and read through it. He decided to give me a call to congratulate me on what I had accomplished, and to say he was proud of what I was doing and had done, and that he had a special place in his heart for that first season. He was pleased to see that I had realized potential that he felt that I had when he coached me back in Garrett. It was more of a statement than an invitation and, in a way, I was not surprised that he left no phone number for me to call him back.
I thought for a while about keeping a recording of that message. Time elapsed and, as these systems work, the message disappeared. If Coach Porter had sent an email, I might be quoting from it now. Instead, I have a memory of a voicemail. My memory, though, is of a message that is exactly the type of message you would hope to receive from someone highly influential in your early life when he or she looked over what you had later gone on to accomplish. In its way, that’s a magical thing. It’s ephemeral, however, and doesn’t quite take the place of a conversation, especially one where you can say thank you.
Coach Porter, this essay is my attempt to say a belated thank you. May you rest in peace.

Barn Synchronicity?

Monday, October 18th, 2004

I’m always intrigued by unexpected patterns and convergences. As the commercials say, it helps me “think different.”
In Des Moines last week, I was given a gift for giving the keynote speech at the joint fall meeting of the Mid-America Association of Law Libraries and the Minnesota Association of Law Librarians, some of the nicest people you’ll ever meet. My gift was a book of photographs of Iowa barns by Michael Harker.
The book was quite appropriate for me, even though they didn’t know that I had spent quite a bit of time while growing up on my grandparents’ farm in Indiana. My brother now lives at the farm. The barn at the farm always showed its age and wear, and a few years ago, it had to be torn down. It’s still a little unsettling not to see it when we go to the farm.
I’ll be darned if there isn’t a picture of a barn on the cover of this book that reminds me of that old barn. The book itself documents a passing era of barns and I’ve enjoyed it greatly.
Here’s where the synchronicity comes into the picture. In today’s mail, out of the blue, I got a sample copy of Metropolis, the design magazine. The cover story on the November 2004 issue is about the way digital design is reshaping the American farmhouse. The picture of the farmhouse and barn on the cover have a Frank Gehry look and feel and reflect a reworking of the traditional farmhouse style. It’s cool.
I love the convergence of these two things and am curious to see how they percolate together and what new ideas come from them.

Blawgs Appear on the Radar Screens of Corporate Legal Departments

Monday, October 18th, 2004

Jeff “LawTechGuru” Beard sent me an article from the October 2004 Corporate Legal Times on legal blogs and how corporate legal departments are starting to use them as resources. The Blawg Channel was featured in two ways. First, Blawg Channeler Marty Schwimmer was quoted in the article. Second, The Blawg Channel was prominently mentioned as one of the recommended places to start exploring legal blogs.
I’ll also note the article mentions or quotes a number of my blogger friends, including Jeff Beard and fellow St. Louisan George “George’s Employment Blawg” Lenard, both of whom have been doing some great blogging lately.
The article is called “Legal Blogs Add Spirit to the Letter of Law,” and is apparently only available to subscribers of Corporate Legal Times.

Email Marketing Rules for Lawyers: Wise Commentary, Impossible Results

Tuesday, October 12th, 2004

For many years, Will Hornsby, Staff Counsel at the American Bar Association, has been one of the most respected commentators and experts on the extraordinary world created where legal ethics rules and the Internet meet.
His new article, “Spamming for Legal Services: A Constitutional Right Within a Regulatory Quagmire,” should be read by all regulators and regulators-to-be of legal marketing by email. The article, while not yet available online, appears in the Fall 2003 issue of The John Marshall Journal of Computer & Information Law that just arrived in my mailbox. If you are interested in this area, it’s worth the effort to track down the print version.
Hornsby has stated clearly some of the paradoxes and difficulties that have puzzled lawyers trying to use email in a normal fashion for anything that might be considered “marketing” in nature. Hornsby has raised the Q word in connection with these rules.
Here are few key items from the end of the article:
Hornsby notes that if, as many experts contend, a lawyer licensed in one state who sends emails to people in other states in which he or she is not licensed is deemed to be subject to the laws of each other state, he or she must comply with the laws of each and every state. As Hornsby notes in my favorite sentence in the article, “This creates a difficult, but not particularly impossible burden.”
As he notes, full compliance is not only administratively impractical, but also requires “labeling and disclaimer obligations that distort the message in a way that undermines any marketing benefit that may result from this tool.” Based on the discussion regarding the recently proposed Missouri marketing rules changes, a good number of lawyers are actually comfortable with this result.
Hornsby then goes on to point out the irony of the current rules. “As a result, lawyers providing personal legal services are better able to seek clients through unsolicited emails compared to those who are serving the corporate marketplace. This result should be the opposite of the intent of these regulations. Instead of protecting unsophisticated consumers against the possibility of overreaching, the result is the elimination of messages to corporate entities that are best able to assimilate the information and impose marketing controls to eliminate abuses.”
Finally, in an argument I have made throughout the debate on Missouri rules changes, Hornsby concludes, “Meanwhile, law firms that could effectively convey a marketing message in a cost-effective way to a wide audience of prospective clients are restrained, if not prohibited, from doing so through this method of communication.”
This result reminds me of John Lennon’s famous line, “Everything is the opposite of what it is, isn’t it?”

Please Adjust Your Feed Subscription

Sunday, October 10th, 2004

The recent change in web hosts caused some problems with my standard feed, which has a file name of “index.rdf”. We have a work-around, but it makes sense simply to change the URL for the feed for this blog in your newsreader of choice to:
http://www.denniskennedy.com/blog/index.xml.
For those interested in technical details, the index.xml feed is an RSS 2.0 feed.
For those interested in variety, this blog also has an Atom feed at http://www.denniskennedy.com/blog/atom.xml. At the moment, and for the foreseeable future, there should be no substantive difference between the RSS and Atom feeds.
Although I have no problems getting the feed through the old index.rdf URL, I can’t guarantee that others will not and it simply makes sense to switch to the direct feed file rather than rely on a work-around.
I apologize for any inconvenience.
- Dennis

Weekend Project: Home WiFi Network Primer

Sunday, October 10th, 2004

Home WiFi networks make a lot of sense for many people. With prices continuing to drop, they are suprisingly inexpensive and definitely a project that can be done by the do-it-yourself. Computer security remains an issue, but you can address the security issues in a way that gives you reasonable comfort by taking just a few straightforward steps.
CNET has recently published an excellent primer by Mitt Jones for DIYers wanting to install a simple WiFi network. The article is called “Cut the cords with a WiFi network” and is a great starting place for those wanting to install a home wireless network or to tweak and improve an existing one.
If you want to delve more deeply into WiFi Networking, I like Adam Engst and Glenn Fleishman’s The Wireless Networking Starter Kit, Second Edition. Glenn is also one of the authors of the Wi-Fi Networking News blog, a great resource on wireless networking news, reviews and other useful info.

70% – A Number to Remember About Computer Security

Friday, October 8th, 2004

I like to mention the topic of computer security from time to time, even though I occasionally get the feeling that many other people care about the topic.
Veerle’s Blog has a post called “Security, the reality . . .” that paints a compelling, if bleak, picture of the current state of computer security.
Veerle discusses a quite a few startling facts and figures, but the numbers that grabbed my attention were these:
Odds of winning the lottery: 1 in 135,145,920 (0.000000739 percent)
Odds of getting audited by the IRS: 0.58 percent of individual returns
Odds of getting struck by lightning: 300 in 294,330,406 (0.0000102 percent)
Odds of becoming a victim of computer security breach: 7 in 10 (70 percent)
Required reading, at least for the less than 60% of computer users who remember when they last updated their security protection software. Veerle promises a number of follow-up posts, including a set of recommendations for improving your security.

Show me the (IT) Money

Thursday, October 7th, 2004

Over at The Blawg Channel, I made some critical comments about the technology priorities of large law firms, as documented in the 2004 AmLawTech Legal Technology Survey. Among those comments is my belief that many firms are wasting large amounts of money on misguided priorities.
As a timely companion to my comments, especially for those who want to take some positive actions to stem the money drain, CIO Magazine has just published a special “money” feature issue. You’ll need a free registration to read the articles in the issue, but if you are interested in these topics, you should be reading CIO. I especially recommend an article called “Inside an IT Audit,” for its excellent inside story of an actual IT audit conducted by a company. It gives you a great “open the hood” view of what goes on, what to expect and the results and benefits you might expect. The entire collection of articles, built around the theme that CIOs and IT directors should know and be able to speak the language of business, is valuable, but I would also single out an article called “Tips for the Budget Masters” for anyone involved in IT tech budgeting.
While my preference is to consult with law firms and legal departments that want to work on innovative projects, I also can assist with IT audits, budget assessments and the like. If a firm is using all of its tech budget on bread-and-butter issues and projects going nowhere or at least in the wrong directions, even modest corrections can free up significant resources to work on projects that will provide some real benefit to the firm’s lawyers and clients. In my book, that’s a heckuva good thing. However, you don’t have to take my word – check out the “Inside an IT Audit” article and see the real-world benefits that were achieved and decide for yourself.