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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 August, 2005

See you at ILTA?

Thursday, August 18th, 2005

Hey, I’m going to be spending a few days at the big ILTA legal technology conference next week (had a great time last year). I’d love to say hello and visit with any readers of my blog. We can also try to get the bloggers there together for a drink. Let me know or look for me there.
[Originally postedon DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

The Big Firm to Solo Practice Route Becomes Less Attractive?

Wednesday, August 17th, 2005

I read a fascinating article today (couldn’t find an online version to link to) about a survey that asked lawyers in big law firms whether they would leave their firms to start a solo practice if they were guaranteed sufficient capital to do so.
93% of the respondents said “NO” they would not do so, even with the necessary capital in hand. This number represents a significant increase from the surveys of the last two years.
Given the general sense that generation X is more entrepreneurial than the baby boom generation and the number of big firm lawyers who’ve complained to me over the years that lack of capital to start their own practice was the only thing keeping them at a big firm, I find the results quite surprising. I’m curious to see what others think of these results, even accepting that they probably are not scientifically valid results.
For those 7% who might want to make the jump, let me note the new 4th edition of the ABA Law Practice Management Section’s Flying Solo book has just been published and it is a treasure trove of information for any lawyer in or planning to start a solo practice. Bill Gibson did a masterful job of editing the new edition. I was a co-editor of the Technology section and wrote three chapters. Check it out.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by LexThink!(TM) – The Conference, Re-imagined. LexThink! – Think big thoughts, do cool things, change the world.

From Vulnerability Announcement to Exploit in the Wild in Less than A Week – Living in the Modern World

Tuesday, August 16th, 2005

Yikes! Lest you forget that keeping Windows constantly updated is a basic requirement of computer security, here’s a story from PC Magazine that illustrates the point that you shouldn’t dawdle in applying updates. From the PC Magazine Security Watch email newsletter:
“It didn’t take long. Less than a week after Microsoft revealed a serious vulnerability in the Plug and Play service, worms were out on the Internet exploiting it. See how to identify the worms in this week’s Top Threat section.”
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s eBooks – Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law, Dennis Kennedy’s Legal Technology Primer and Unlocking the Secrets of Legal Technology and Technology Law: Finding Your Way in the First Internet Era.

Intel’s New Info Tool on Mobile Computing for Lawyers

Monday, August 15th, 2005

I really believe that way too few lawyers take advantage of the benefits of wireless Internet access with a notebook computer or Tablet PC. This combination makes so much sense for lawyers at a zillion different levels. It pains me when I hear about firms that are seriously talking about taking notebook computers away from lawyers and giving them only desktop computers and BlackBerries.
This only makes sense to me if you want to drive your most tech-savvy lawyers out of your firm in a short time. That may well be the plan, for all I know.
A while back, some of my friends in Intel’s Centrino group asked me about an idea to create an informational website or tool that would help explain to lawyers the tangible benefits of mobile computing. Obviously, the site would focus on the Centrino technology.
[By way of disclosure, longtime readers of this blog know that I have made two videos with and for Intel's Centrino group about the ways lawyers can use mobile computing to improve their work and their lives and I have received the use of two Centrino computers in return. So, factor that in when considering my comments, but I've been making the same points on mobile computing for many years.]
We had a couple of good discussions and they went off to their creative people.
I heard today that the Wireless Advantages for the Legal Profession tool is now available. It’s pretty cool and very well done. It gives you a good education about the key tangible benefits lawyers can gain from mobile wireless computing, including better client service. Let me repeat that – better client service.
It may be just the tool you need to convince your firm to allow you to get a new notebook computer or Tablet PC or to permit you to hang on to the one you have. I’m also surprised by the number of lawyers (OK, even one of them would have surprised me) whose firms will not let them get a notebook with a wireless card or Centrino. Hey, wake up – every kid in high school has wireless computing these days.
But, you don’t need me to tell you about it. You want to look at the cool tool Intel has created.
Here’s what you do. Go to http://www.intel.com/business/smallbusiness/wireless/benefits.htm. In the right column, under step 2, you will see a section on “Law.” Now click on the link that says “Explore the legal demo” and voila, you are there. Do some exploring and then some thinking before you make your next computer decision or have your next computer decision made for you. You’ll find a lot of good ideas there.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s half-day electronic discovery seminar – “Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery.” Contact Dennis today for more information and to schedule a seminar for your firm, corporate legal department or other organization.

UsingTablet PC for Productive Purposes

Monday, August 15th, 2005

Marc Orchant points to a great article from Michael Linenberger called “4 Tips for Improving Tasks at Work” that shows you ways you can use a Tablet PC to be more productive in your work. In a case of a picture being worth a thousand words, you’ll see from the illustrations what you really can do with a Tablet PC.
I get a lot of genuine interest in my Tablet PC from lawyers when I show them my HP Tablet PC. However, the lawyers seem universally to say that they won’t be able to get their firms to buy them a Tablet PC. I’ve always wondered if, pathetic as it may seem, a lawyer could set up an arrangement with his or her firm to provide 10 – 15 extra billable hours in exchange for being able to get the technology that best helped them get the job done.
For more of my views on the Tablet PC, see my TechnoLawyer article called “A Field Report on the Tablet PC” and listen to my comments about Tablet PCs for lawyers in Randy Holloway’s Unfiltered Podcast #2.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.blog)]
This post brought to you by Dennis Kennedy’s consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers. Contact Dennis today about your needs.

Preparing for Unconferences: An Open Space Technology Primer

Saturday, August 13th, 2005

Before the first public LexThink conference, I wrote an introduction to “Open Space Technology” (sometimes referred to simply as “Open Space”), which is the methodology and approach developed by Owen Harrison we use in LexThink conferences. This post is an update of that introduction and provides some good starter resources about Open Space Technology.
When I talk to people about LexThink, I notice that they are a little wary of the Open Space approach and don’t quite see why I am so enthused about it. In part, that’s because the approach seems so different than what we are all used to at conferences. It all but flips the tradition conference approach on its head. However, it also evokes memories of nearly every great learning session you’ve ever had – from sitting on the floor on a dorm hallway to a late night conversation in a hotel lobby at a conference.
I’m also intrigued by the way Open Space has found its way into the blog world. There’s been a lot of discussion of conferences and the need for new kinds of conferences. In fact, I see the term “unconference” on a regular basis and it’s gratifying to see how well LexThink fits into that discussion. For some examples of the “unconference” discussion, see Dave Winer, Johnny Moore, Doc Searls, Mary Hodder, Stowe Boyd, Steve Rubel, to name a few. There’s a Technorati tag for unconference. Someone has parked the domain name for two years – without using it.
There’s even been some discussion about having a “conference” about unconferences. I’ve started referring to that as “The Unconference Unconference.”
You can’t get more than a few sentences into a discussion of unconferences, alternatives to conferences or brainstorming without the topic of Open Space being raised. Having at least a working knowledge of Open Space seems to be a wise thing these days.
Think about this: The best “learning” you have at any conference takes place outside the sessions, in the conversations you have with others over a beer or sitting in a hotel lobby.
The radical concept of Open Space (and LexThink and some of the other “unconference” approaches) is that we eliminate the notion of lectures, speakers and topics set in concrete and, instead, replace them with flexibility, interaction, conversation and small communities of interest.
I was initially both fascinated and repelled by the idea of Open Space Technology. It was hard for me, both personally and as a creator of LexThink, to give up the control of the conference that Open Space Technology demands. No set agenda? What does that mean? Will people simply do what they want? What will that mean?
However, I was reading James Surowiecki’s The Wisdom of Crowds at the same time we were thinking about using Open Space for LexThink. I decided not only as a general matter was the “crowd” going to be wiser about what topics mattered and what the conversation and conference agenda would be, but that I was nuts if I thought that I could come up with better ideas and a better agenda that this group of attendees could.
I also became very interested in the notion of “trust” in comparison to “control.” I like the experiment of using Open Space. What happens if I, we, trust the attendees and resist the urge to control the event? In the case of LexThink 1.0, we had a great group with whom to try this experiment in both innovation and “trust.”
While we were first thinking about using Open Space for LexThink, Matt and I went to BlogWalk 6 in Chicago, organized in large part by LexThink attendee and KM guru, Jack Vinson, we walked right in to a session that was using Open Space. Was it a sign? I took it that way.
We saw how Open Space worked that day and it felt just right for LexThink. However, many people have the same reservations and questions about this approach that I had.
Coleridge talked about the “willing suspension of disbelief.” While I recommend a little of that when thinking about (or participating in) an Open Space event such as a LexThink conference, I highly recommend that you take a little time to read up on Open Space Technology (see the resources below) to get a better feel for the goals, the actual process and procedures (to the extent those terms make sense), and the few key “rules.”
What I think you will want to consider are the ideas that (1) you need to make sure that you know what subjects you are most interested in and how it is your responsibility to make sure that they get addressed, (2) despite what you thought was most important when you started the day, you will be faced with an ongoing set of choices of which discussions are most important to you, and (3) there really is a notion of voting with your feet – you can and should leave a discussion if it no longer interests you or you notice a more interesting discussion going on elsewhere. Both you and the group as a whole will set the directions the day will take, even though we’ll exercise some gentle guidance and set some flexible limits.
At the end of the day, the process is designed to pull together and make available to everyone all of what happened during the day. Both the process and, more importantly, our variations on it will also drive us toward reaching practical action steps and try to answer the “so what now” questions that are present by the end of any good conference.
I’ve probably reached what Kathy Sierra of the Creating Passionate Users blog calls the Koolaid Point on Open Space Technology. I see the benefits of using this approach everywhere I look these days. For example, I’d like to get some of my favorite bloggers and a few others together for a couple of days of Open Space time and see what incredible things would emerge out of those sessions.
I hope this introduction has piqued your interest in Open Space Technology. If it has, the following reading list will get you started. This is something I enjoy discussing, so I’m always pleased to hear about the experiences people have had with Open Space and ideas and questions they might have.
So, here’s a starter set of resources on Open Source Technology -if you have time to read only one thing, I suggest Lisa Heft’s article listed at the end of these resources.
Open Space World – http://www.openspaceworld.org/wiki/wiki/wiki.cgi? (especially the intro at http://www.openspaceworld.org/wiki/wiki/wiki.cgi?AboutOpenSpace)
GlobalChicago: OpenSpaceTech – http://www.globalchicago.net/wiki/wiki.cgi?OpenSpaceTech
Harrison Owen’s Brief Introduction or User Guide – http://www.openspaceworld.com/users_guide.htm
If you become really serious (and I warn you that you might well do so), you might track down Harrison Owen’s books on Open Space, the easiest to find of which will probably be Expanding Our Now: The Story of Open Space Technology, which was a follow-up work after the classic text, Open Space Technology: A User’s Guide.
The Change Management Toolbox: Open Space – http://www.change-management-toolbook.com/tools/OpenSpace.html
Cornerstone Consulting’s Resources on Open Space – http://www.ourfuture.com/osover.htm
Chris Corrigan on Open Space – http://www.chriscorrigan.com/openspace/
Wikipedia on Open Space Technology – http://en.wikipedia.org/wiki/Open_Space_Technology
Lisa Heft’s article on OpeningSpace.net – http://www.openingspace.net/papers_facilitation_OSCollaborationCommunication.shtml (If you read just one thing, I’d recommend that it be this article.)
I’ll probably be writing more on this topic, as well as about innovation in general, on the LexThink Blog.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by LexThink!(TM) – The Conference, Re-imagined. LexThink! – Think big thoughts, do cool things, change the world.

Metallica Redux

Saturday, August 13th, 2005

There certainly seems to be no middle ground on my now infamous Metallica post. Some consider it one of their favorites of all my blog posts, while others treat it as the poster child for what not to post on a “professional” blawg because it, horrors, dares to bring in the “personal” element into a “professional” blog. Ironically for the latter group, my post, in part, is about the differences between speaking in an authentic voice and using a calculated and managed voice.
I noted this morning that VH1 tonight is replaying Metallica: Some Kind of Monster. Here’s your chance to re-read my post and see the movie that inspired it. Or you can stick to reading only those oh so professional, mono-topically focused blogs. You know what I’d do.
[Originally published on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by LexThink!(TM) – The Conference, Re-imagined. LexThink! – Think big thoughts, do cool things, change the world.

Sarbanes Oxley Compliance Revisited

Friday, August 12th, 2005

While Sarbanes Oxley (or SarbOx or SOX, depending on your preference) can seem, well, so 2004, an article in CIO Insight called “SarbOx Complications Overwhelm Preparations” does a great job of illustrating how the devil is in the details. This article gives a verry practical look at the real world consequences of SarbOx compliance. Interestingly, I didn’t see anything in there about lawyers helping out in the process.
The money quote:
Compounding the catch-up costs is the fact that the Securities and Exchange Commission has provided little leadership over exactly what the scope of SOX should be, and as a result, “the audit firms have jumped in and decided what they want,” says Tillman of ARMA. “The CEO doesn’t want to go to jail, so he says, ‘Pay the auditor.’ It’s a recipe for disaster.” Because internal and external audit teams have different definitions of compliance—and methodologies for achieving it—a costly and time-consuming tug-of-war ensues. “Auditor A does it one way, auditor B does it another, and they will never admit the other is right, because then the billable hours go down,” says Blue Rhino’s Travatello.
I guarantee that this article will give you a lot to think about, as SarbOx consequences often do.
[Originaily published on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s consulting services, featuring RSS and advanced blogging consulting and technology committee coaching packages for law firms, corporate legal departments and other professional services providers.

PLI All-Star Briefing – A Consistently Excellent Free Resource

Thursday, August 11th, 2005

I received in my email inbox today the latest issue of the PLI All-Star Briefing, which has become one of my favorite legal email newsletters and legal resources. And it now has an RSS feed (note: includes other PLI newsletters as well – This, in my opinion is a must-subscribe RSS feed for business lawyers).
Today’s issue, not yet available on the web, covers the topic of Circular 230, which has implications for lawyers giving any kind of tax-related advice. The newsletter contained an excellent overview from well-known estate tax guru Jonathan Blattmachr that provided exactly the kind of overview of this topic that I have been wanting to see. It also provided a short excerpt from his PLI seminar on the topic. Best of all, as it does each week, the newsletter had a URL to downloab an excellent article on the topic, in this case and article by Blattmachr and others called “Overviw of Circular 230 for Tax Practitioners.”
While the newsletter doesn’t cover topics of interest to me every week, it does so on a consistent basis and each issue has free downloads of a handout, article or forms.
Obviously, the newsletter is designed to market PLI’s excellent seminars, but, as I told John Mastandrea of PLI earlier this year, it’s done a great job of turning me into a fan of PLI and increasing the likelihood that I would attend or recommend that someone else would attend a PLI event.
For organizations struggling with the proper balance between giving away content and “gating” information so only members or subscribers can see it, the PLI model is an excellent one to follow.
How about a money quote from today’s newsletter:
“Taken literally, the changes are extremely broad, inhibiting the free flow of information about Federal tax matters from lawyers and accountants to their clients—and will increase the cost of delivering written work product to clients. The Circular 230 amendments represent one of the most significant developments in practice in recent years.”
Two action steps for you:
1. Take a run through the archives to see why I am so enthusiastic about this resource.
2. Subscribe to the newsletter (info here) or to the RSS feed. You can thank me later. A tip of the hat to John Mastandrea and the crew at PLI for providing this resource.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s half-day electronic discovery seminar – “Preparing for the New World of Electronic Discovery: Easing Your Transition from Paper to Electronic Discovery.” Contact Dennis today for more information and to schedule a seminar for your firm or legal department.

A Free One CD Windows XP Boot Disk and Repair and Recovery Tool

Thursday, August 11th, 2005

I haven’t posted many tech tips lately, but I have a great one today. Here’s something that looks pretty cool that I learned from Fred Langa’s column and newsletter.
Fred enthuses about BartPE, a free (as Fred mentions many times in his column) pre-installed environment that gives you what he calls a “zero-footprint installation of XP.” He notes that Bart Lagerweij, the author, describes it as “a complete Win32 environment with network support, a graphical user interface (800×600), and FAT/NTFS/CDFS file system support. Very handy for burn-in testing systems with no operating system, rescuing files to a network share, virus scan, and so on. This will replace any DOS bootdisk in no time!”
Here’s the money quote:
“This means that if your PC won’t boot from its hard drive for some reason, you can use a BartPE CD to start the system, grab files off the hard drive (even if the drive is formatted in NTFS), ship the files to another PC on the network for safekeeping, and then use the tools either on the CD or on the hard drive to effect recovery or repair of the damaged system.”
And it’s free.
Very interesting, no? Check out Fred’s column for all the details and links.
{originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s eBooks – Preparing Your Law Firm for the Internet Era: 150 Steps Toward a 21st Century Practice of Law, Dennis Kennedy’s Legal Technology Primer and Unlocking the Secrets of Legal Technology and Technology Law: Finding Your Way in the First Internet Era.