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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 January, 2006

What’s New in the World of Wikis and Law?

Wednesday, January 11th, 2006

I just read a fascinating post about Wiki-Law.org, a open approach to create a collection of legal resources, on the Virtual Handshake blog. In the post, David Teten interviews Dan Savitt, who is Pangea3‘s Vice President of Litigation & Research, about Wiki-Law.org.
The interview is wide-ranging and it turns into a great discussion of a variety of new tools, services, projects and companies that are taking some innovative approaches to the delivery of legal services, and gives a real-world, realistic assessment of the pros and cons of a “wiki law” approach.
The interview is a great addition to the discussion of what is beginning to be called . Highly recommended.
The money quote:

Where I do see a tremendous opportunity is for attorneys to take advantage of the resource. I know that there are already dozens of web-based communities where practitioners of similar ilk compare notes and exchange ideas. In other words, the value I see in the site is as a legal resource, whose value will rise or fall depending on the reliability of the contributors, their content, and the strength of the site’s editorial guidelines. It may even work itself into legal opinions once it gains acceptance. I could see wiki-law as the ultimate living legal constitution that aggregates legal discussion, commentary and knowledge.

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[Originally posted in DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s legal technology consulting services, featuring RSS and blogging consulting, technology audit, strategic planning and technology committee coaching packages especially for medium-sized law firms (15 – 100 lawyers) and corporate legal departments. More information on the “Second Pair of Eyes” packages for legal technology audits and strategic planning may be found here (PDF).

What Were Justice Blackmun’s Law School Grades?

Wednesday, January 11th, 2006

What can’t you find on the Internet these days?
From the “too much about nothing” blog (hey, I gave up trying to find the author’s name or I would have mentioned it), it’s the list of Justice Harry Blackmun’s law school grades from his law school transcript.
Obviously, Blackmun went law school in the days before “grade inflation.”
That “C” in constitutional law probably would be a problem in today’s world of Senate hearings. Interesting how grades that today would all but keep someone from getting hired at most law firms proved to be no impediment to well-respected service on the Supreme Court.
[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. Ask us about private LexThink retreats and conferences for your firm, business or organization.

Are You the Anonymous Editor of the Blawg Review?

Wednesday, January 11th, 2006

All right. Move on. Move on. There’s nothing to see here.
I had hoped to stay out of the anonymous Blawg Review editor brouhaha, but now I have people wondering if I’m the editor. I can say categorically that I am not.
While I understand that there are good reasons that people want to blog anonymously (and my point of view on blogging is to let a thousand flowers bloom), the flip side of anonymous blogging is that it can put people who are suspected of being an anonymous blogger into the different position of trying to prove that they are not the anonymous blogger.
I’m now quite sympathetic with what Evan says in his post here about the difficulties of being caught in the middle. I should be even more sympathetic with Evan because I jokingly suggested at one point that he was the famous Anonymous Blogger and then found that far more people than I expected took me seriously.
For what it’s worth, until the comments from people close to the situation that were added to Matt’s post explained how the whois information pointing to ALM and other “clues” could be misinterpreted, I was utterly convinced by Matt Homann’s “Monkishexplanation of the “solution” to the mystery.
As I’m able to understand the logic, the question whether I am the anonymous editor of Blawg Review arises from the following “clues”:
1. On Between Lawyers, we have used an anonymous “Lawyer X” character. So, you have a pattern of behavior.
2. If you “Google” the name Ed Post that has been associated with the anonymous editor, you’ll find references to a famous St. Louis murder case. This suggests that the editor is in St. Louis or has ties to St. Louis and I’ve been known to refer to St. Louis as Blawg City USA. (This clue, of course, also points to Evan.) Indeed, by coincidence (or as further proof, depending on how you look at these things), I worked as a staff attorney for the St. Louis court that tried the Ed Post case and, it’s possible, but I don’t remember for sure, that I might have even researched an issue or two that came up in that case. So, the thinking goes, if the editor is actually leaving clues, I might be leaving obscure clues that point to me.
3. The Blawg Review Awards post, like my Blawggie awards post, was quite long. Long posts automatically get associated with me, I guess. So, the argument would be that a leopard cannot change his spots.
Hmmm, I’m starting to convince myself – maybe it is me. No – I got an email from the BR editor and I know that I did not send it to myself, so I’m certain that it cannot be me.
As impossible as it may be to prove or disprove a negative, I simply point to the name of my blog and ask how likely is it really that I would be blogging anonymously? Some wags might also note that the fact that there was no award for me or my blog in the Blawg Review awards conclusively proves it wasn’t me behind the awards. In addition, I could hardly both praise Neil Squillante’s BlawgWorld in the Dennis Kennedy character and then criticize it anonymously – that’s not who I am. Similarly, after Law.com canned my partner in LexThink, Matt Homann, from its blog network, it would be very bad form, and completely out of character for me, to anonymously do another blog that joined the Law.com network – I’d have some seriously ‘splaining to do to Matt.
So, no need to speculate about me or ask me about this anymore. Let’s move on. Let me get back to regular blogging. Nothing to see here. As a time-filler until the new Monk season starts on Friday night, though, I do admit that I am enjoying reading about the detective side of the story.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
Like what you are reading? Check out the other blogs where I post – Between Lawyers (feed) and the LexThink Blog (feed).

What New Gadget Would You Most Like to Get?

Tuesday, January 10th, 2006

Generally, I usually see what Jeff Beard recommends as cool when it comes to gadgets.
Most gadgets these days seem to be phones and, as my friends know, phones and I don’t mix well.
However, I found a really cool gadget that I want (and I do have both my birthday and my blog birthday coming up soon if you are looking for gift ideas) on one of my favorite blogs – Cool Tools.
It’s the Chef’n Switchit Dual-Ended Long Spatula – read Wendy Ju’s post on Cool Tools and you’ll see why it’s made the top of my list – it’s a cool tool.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
Like what you are reading? Check out the other blogs where I post – Between Lawyers (feed) and the LexThink Blog (feed).

Why Might it Be a Good Idea to Use Tags on a Blog?

Monday, January 9th, 2006

I’ve recently been experimenting with Technorati tags on some of my blog posts and Del.icio.us tags for some of my bookmarks.
Marshall Kirpatrick has an excellent explanation (or, more accurately, 13 reasons) why you might want to use tags.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog)]
This post brought to you by Dennis Kennedy’s legal technology consulting services, featuring RSS and blogging consulting, technology audit, strategic planning and technology committee coaching packages especially for medium-sized law firms (15 – 100 lawyers) and corporate legal departments. More information on the “Second Pair of Eyes” packages for legal technology audits and strategic planning may be found here (PDF).

What’s the Best Recent Development in Law Blogging?

Saturday, January 7th, 2006

I’m so pleased to see that legal Internet pioneer and guru Jerry Lawson has returned to active blogging at Netlawblog. I’ve learned countless things from Jerry over the years, he is certainly one of my favorite writing partners, and we all benefit from his wise insights. It’s good to have you back on a regular basis, Jerry.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s legal technology consulting services, featuring RSS and blogging consulting, technology audit, strategic planning and technology committee coaching packages especially for medium-sized law firms (15 – 100 lawyers) and corporate legal departments. More information on the “Second Pair of Eyes” packages for legal technology audits and strategic planning may be found here (PDF).

What’s Your Dangerous Idea?

Thursday, January 5th, 2006

I highly recommend Dave Pollard’s great post called “Blinded by Science: What’s Your Dangerous Idea?” In the post, Dave takes a look at a recent collection of essays from prominent thinkers discussing their favorite “dangerous ideas.”
Dave, a little disappointed by the essay collection, offers ten dangerous ideas of his own that I guarantee will get you thinking.
The money quote:

Why are these ten ideas ‘dangerous’? Because they threaten deeply-entrenched ideas and strongly-held, widely-held beliefs. Because those who they threaten will do almost anything to prevent them becoming widely accepted. And because they’re actionable. Take them as your own and they will change what you think, believe and do.
What’s your dangerous idea?

I’m thinking that my Fourth Generation (4G) Legal Technology idea, once I get it fully thought out, will become my dangerous idea in my little niche of the world.
What’s your dangerous idea?
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[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. Ask us about private LexThink retreats and unconferences for your firm, business or organization.

What Will You Learn About Improving Your Law Practice in 2006 in January’s Issue of Law Practice Today?

Wednesday, January 4th, 2006

The new issue of the ABA’s webzine Law Practice Today is now online (Disclosure: I am an editor and member of the webzine’s board, so I may be proudly enthusiastic about this issue.)
This issue’s theme looks toward the near future and what lawyers can do to enhance their practices in 2006. You’ll find stories about coaching, goals, networking and many other useful topics.
I have a part in two articles. The first is called “Does Web 2.0 Point Us Toward Law 2.0?,” which is an informal roundtable discussion on Web 2.0 concepts that was accomplished in a short time by using a Web 2.0 collaboration tool called Writely. As John Tredennick says, “In the Web 2.0 world, the Internet becomes a platform for connecting people in social networks. And, about empowering them with software to work together in ways never contemplated by traditional organizational manuals.”
In a second article, Tom Mighell and I also used Writely to write our monthly column, The Strongest Links: Web 2.0. The column turned out to be a comprehensive set of links to resources, articles and tools to help you explore and experiment with Web 2.0 tools and concepts.
Highly recommended.
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[Originally posted in DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
This post brought to you by Dennis Kennedy’s legal technology consulting services, featuring RSS and blogging consulting, technology audit, strategic planning and technology committee coaching packages especially for medium-sized law firms (15 – 100 lawyers) and corporate legal departments. More information on the “Second Pair of Eyes” packages for legal technology audits and strategic planning may be found here (PDF).

What Can American Movies Teach Us About Selling Professional Services?

Wednesday, January 4th, 2006

Mike Schultz on RainToday.com has a entertaining and educational article (that’s the best kind) called “Hidden Advice In American Film For Selling Professional Services” about the “secret messages” about selling professional services that can be found in famous movie quotes.
A few examples:

“Why don’t you come up sometime and see me?”
#26, Mae West in She Done Him Wrong, 1933
Secret messages: Pay attention for buying signals.

“Show me the money!”
#25, Cuba Gooding, Jr. in Jerry Maguire, 1996
Secret message: Make sure your buyers are qualified. If they don’t have a budget or can’t find the cash, move on.

“Bond. James Bond.”
#22, Sean Connery in Dr. No, 1962
Secret message: Make sure people know who you are.

A fun and informative article. I’m waiting on a sequel that tells us about lessons from quotes from foreign films.
I recommend subscribing to RainToday.com’s free Rainmaker Report email newsletter – it always seems to have good articles.
[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. Ask us about private LexThink retreats and conferences for your firm, business or organization.

Should Lawyers Be Prevented From Reading Metadata?

Tuesday, January 3rd, 2006

Fresh off a fabulous performance on Blawg Review #38, which was based on his terrific presentation at BlawgThink, Evan Schaeffer takes just the right tone in covering the recent story of the Florida Bar’s Board of Governors wanting to ban the practice of looking at metadata in electronic documents.
The board voted unanimously for a motion stating that lawyers should not look at metadata and also referred to the Professional Ethics Committee of the Florida Bar the question of “whether it is unethical for a lawyer to mine metadata from an electronic document he or she receives from another party.”
I’m baffled by this approach, which I’ve heard or seen a number of lawyers and bar regulators make. Imagine, for example, being a client and learning that your lawyer could not look at the metadata in a document that you knew had been copied from you or stolen from you.
I’m also personally disappointed that regulators want to ban one of the areas that I have developed some knowledge and expertise about. I’d prefer that they ban an area I know nothing about.
As I’ve mentioned before, I don’t think metadata is all that difficult to figure out and I can’t imagine why looking at this readily-available evidence would be “unethical.” For a good article that includes some of my approach to metadata, see “Mining the Value from Metadata,” a recent column from Tom Mighell, Evan Schaeffer and me.
Back to the original question: My answer is comes from John McEnroe: “You cannot be serious!
It’s probably a better idea to learn how to deal with metadata rather than rely on some kind of “gentlemen don’t read other gentlemen’s mail” argument to get some kind of regulatory protection.
[Originally posted on DennisKennedy.Blog (http://www.denniskenney.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.