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. 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 September, 2006

St. Louis Idea Market #2

Thursday, September 28th, 2006

Matt Homann has announced the second St. Louis Idea Market. Details here. Hope to see you there.
[Originally posted on DennisKennedy.Blog (]
This post brought to you by LexThink!(R) – The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon – a new public LexThink conference – watch for details.
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Personal KM in the Organization

Wednesday, September 27th, 2006

I’ve puttered around the edges of knowledge management over the years. I must admit that my interest has always been in personal knowledge management more so than capital-K, capital-M knowledge management.
Dave Pollard has a tremendous post today called “The PK-enabled Organization,” that pulls together a personal knowledge management (PKM) approach within the context of an organization. It stresses the bottom-up, rather than the top-down approach to KM that I’ve always felt makes the most sense.
It’s a long read (it’ll be a chapter in a book), but you will be well-rewarded for your time and effort.
The money quote:

Rather than trying to impose new processes and infrastructure on people, PKM attempts to support and reflect the ways we intuitively learn and share what we do. It adapts technology to people’s behaviour, rather than forcing behaviour to adapt to new technology. What is missing, still, is more pioneers.

Speaking of KM, one of my favorite KM experts, Jack Vinson, has a great short post comparing traditional conferences to unconferences and making the analogy with punk rock – another bottom-up, adaptive approach.
Important ideas.
[Originally posted on DennisKennedy.Blog (]
This post brought to you by LexThink!(R) – The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon – a new public LexThink conference – watch for details.
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Explaining Blogs and RSS: A Primer

Tuesday, September 26th, 2006

It’s surprising how it’s still difficult to tell, rather than show, people what blogs and RSS are. I’ve struggled with the explanation for a long time. Today, I have a new approach. thanks to David Maister.
Maister, one of the leading authorities on professional services management, generously and graciously mentioned me and a conversation we had as he started blogging in his excellent “Blawg Review” post yesterday.
One of the coolest aspects of blogging for me is that I occasionally get contacted by people whose work I have long admired. I’m one of the biggest fans of bloggers. I was thrilled when David got in touch and asked to talk because I had been reading his books and articles for years. What I remember most from the call was the wise advice he gave me, and the simple fact that it is much easier to talk to people for the first time when you’ve read and admired their work. That’s in part why bloggers seem to easily make friends with each other – there’s an earned respect that comes from reading each other’s work.
As an aside, David’s blog had one of the fastest speeds from zero to “must read” that I’ve ever seen for a blog. He has excellent content and a great podcast too.
His post got me thinkiing about blogging and RSS, and the difficulty in explaining it in words to people who are unfamiliar with the concepts.
It’s easy to show people a half-dozen or so blogs so that they get the idea – “posts,” “reverse chronological order,” et al. I’ve long maintained that if you have have 30 seconds to show people how RSS feeds work in news aggregators, they’ll know right then whether it’s something that they absolutely must have or whether it’s not useful to them. There’s little middle ground.
However, the short description still evades us. As many of you know, I like to explain blogs in terms of effects rather than technology. I say, a blog is “an online newspaper or magazine column without the newspaper or magazine.” To people who have maintained web pages for a long time, it’s useful to describe blogs in terms of a lightweight, easy-to-use content management system that lets you concentrate on content without hassling with HTML.
J.D. Lasica has famously described RSS as “news that comes to you.” Lasica’s article was one of the main motivators for me to get my blog launched. The phrase is at the same brilliantly concise and quite vague for people who have not seen or used a news aggregator. After all, doesn’t all news come to you? It reminds me of the Macintosh’s (or iPod’s) famous “intuitiveness.” Well, yes, it is intuitive, once someone shows you how it works the first time. I remember being befuddled the first time I tried a Mac (many years ago) before someone explained the notion of “double-clicking.”
David Maister’s post reminded me that I often think of blogging in terms of the benefits of it, not the technology or a precise definition.
Here’s the way I propose that you think about blogs and RSS, especially if you are new to this medium.
1. Blogs. Blogs allow you to read in one place the regular (often daily) writing of many of the best thinkers, experts and authorities in subject matters you care about or would like to know more about. (That’s why I often describe them as “columns.”) For example, in the past, I might have read a book by David Maister when it was published or found an article if I happened to subscribe to a magazine in which he published. If he had a newsletter, I might have subscribed (or my firm might have a subscription that was routed to me). My contact with his work was sporadic and had a hit-or-miss quality.
With a blog, the work and thinking of people I admire is now available on a regular, often everyday basis, in one convenient place. For free. There’s a certain informality to the form and often blogs have the feeling of being an email from a friend (more about that topic in another post to come). It’s that everydayness and the opportunity for opening a conversation that distinguish blogs from other forms of communication. They also give you a chance to see people you admire discuss a variety of topics (often “off-topic” in terms of their specialities) – a fabulous learning opportunity.
Think of blogs in terms of easy and regular access to the thinking of the best minds on the subjects of highest interest to you.
2. RSS. There is an abundance of riches in the world of blogs. You can find hundreds of blogs that interest you and even if you limit yourself to the leading authorities in your niche areas, you may still find yourself visiting a good number of blogs. It’s takes time and effort. You either have to remember URLs or manage bookmarks and favorites. Do you start your day by visiting a bunch of blogs? What if a blogger hasn’t posted something new that day? A benefit of the reverse chronological order of blogs is that you can see quickly whether there is something new on a blog.
What if . . . you didn’t have to visit each of those blogs individually everyday?
Here’s where RSS and news aggregators come in. You can explore the technology later. For now, think in terms of the effects and benefits.
With RSS and a news aggregator, each of the new posts from the blogs I care about automatically appears on my computer in an organized, easy-to-read-and-manage way in a news aggregator or news reader. I don’t have to go out to each blog individually. The new material from the bloggers I want to read, after I “subscribe” to the RSS feed, is available to me in one place at my fingertips.
That’s magical. And, as I’ve written before, it’s what changes the world.
Thanks, David, for the mention (and the excellent and useful post), for giving me much to think about, and for inspiring me to come up with a new way to explain blogs and RSS.
[Originally posted on DennisKennedy.Blog (]
This post brought to you by LexThink!(R) – The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon – a new LexThink public conference.
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But Enough About Me . . . .

Thursday, September 21st, 2006

Some “experts” recommend that you keep all elements of personality and personal information off professional blogs.
And then there’s me. I disagree with the “all professional, all the time” blogging approach. I like learning more about the personal lives of my favorite bloggers. Many times, it makes me even more likely to use their professional services, but, for the for the most part, it gives me some new insights.
Josh Fruchter, at JD Bliss, has been publishing a series of short bios of interesting lawyers for a couple of years. Back in November 2004, he ran an interview with me. He sent me a note today mentioning that he had updated the site and the URL had changed, which reminded me about the interview.
If you are a regular reader (or a new reader) who would like to learn a bit more about my own story, this interview will give you one part of that story and, I hope, offer a few of the lessons I’ve learned over the years.
Be sure to check out the rest of the JD Bliss site as well.
[Originally posted on DennisKennedy.Blog (]
Like what you are reading? Check out the other blogs where I post – Between Lawyers (feed) and the LexThink Blog (feed).
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Reconsidering IT as a Portfolio

Wednesday, September 20th, 2006

I was reading Bruce MacEwen’s blog, Adam Smith, Esq., this evening and saw that he addressed one of my longtime favorite tech topics – taking a portfolio approach (based on modern portfolio theory) to technology. Ron Friedmann also discussed this topic recently.
I have written and spoken on this topic quite a bit over the years – see, for example, this article from 2001 – but I can’t say that I’ve set the world afire with the idea. So, I’m hopeful that the recent attention to the topic will prompt you to consider the approach as a way to help define your technology strategy.
As an aside, I’m especially intrigued by the combination of portfolio theory and “prudence,” as you’ll see in my article I linked to above.
[Originally posted on DennisKennedy.Blog (]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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The Puzzling Resistance of Lawyers to Electronic Discovery

Tuesday, September 19th, 2006

My recent comments about teaching electronic discovery to lawyers seem to have touched a nerve. I’ve had a number of people get in touch with me about the questions I raised. In addition, my friend and e-discovery guru Sharon Nelson raised two other important questions about EDD in a comment, namely:

1) Will there be a shake-out between those law firms (especially among the big boys) that are well-prepared to deal with electronic evidence and those that are not?
2) Will there be an awakening by corporate clients that they need to assess their own litigation readiness with respect to e-evidence AND that of their outside counsel?

I had a great conversation today about the role of litigation support managers in all this (very, very important) and what I call the puzzling resistance of lawyers to electronic discovery.
It raised another question for you to consider, as I have been for a while, but, as yet, with no good answer. I’m surprised by the passivity of litigators, traditionally a group known for aggressiveness, when it comes to electronic discovery.
Here’s the question:

Does the passivity and reluctance we see in litigators an indication that protecting the quantity of billable hours, maintaining the status quo and staying in the comfort zone have become more important than winning cases?

I’ll raise the question for discussion, but, believe me, I’m not the only one who has raised this issue in the past year.
Lots of good questions out there on this topic. What are your favorites? Perhaps there would be some interest in doing a LexThink event that delves into these electronic discovery questions, especially one with a focus on the role litigation support managers and electronic discovery lawyers will play in the process. If that interests you, let me know – we’re working on putting together some future LexThink events.
[Originally posted on DennisKennedy.Blog (]
Learn more about electronic discovery at Dennis Kennedy’s Electronic Discovery Resources page.
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Help Me Decide about a Book Project

Tuesday, September 19th, 2006

Yesterday, I was contacted by two publishers who want me to write a book. It’s probably something I need to get done one of these days. The trouble is that everyone wants me to come up with the idea for the book.
I’d like to ask the readers of this blog to help me with this. If I were to write a book, what would you most like it to be about? Leave a comment or email me at denniskennedyblog @ gmail . com.
I’ll probably share a few of the ideas I have in the old notebook in a few days.
[Originally posted on DennisKennedy.Blog (]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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Crossroads: Western Wall / Jerusalem

Monday, September 18th, 2006

I’m watching (again) a show on CMT called Crossroads that features Rosanne Cash and Steve Earle. I’ve been a fan of Steve Earle since his great debut album.
It’s a warm and relaxed show filled with stories and excellent performances.
But the reason you should try to catch it is a medley they perform live of Rosanne’s song called “Western Wall” and Steve’s “Jerusalem.” Western Wall is amazing, but from the first chord of Jerusalem you know that you are about to witness magic. And that’s exactly what you get. What a performance! Beats the heck out of whatever else you might be watching on TV. Trust me on this one.
[Originally posted on DennisKennedy.Blog (]
Like what you are reading? Check out the other blogs where I post – Between Lawyers (feed) and the LexThink Blog (feed).
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Computer-based Legal Decision-making in 2006

Monday, September 18th, 2006

Ron Friedmann has a thought-provoking post called “Computers as Lawyers?” that I recommend that everyone who likes to think about the intersection of law and technology take a look at.
The post strikes a lot of notes for me. For example, I’ve talked with Marc Lauritsen (Marc, how can we talk you into blogging?) and others on and off over the last few years about decision trees.
I remember back in law school at Georgetown, I took one of the first classes in Computers and the Law offered in the US. That was in 1982. Milton Wessel was the professor and I don’t know many classes that I enjoyed more. One day, we were talking about artificial intelligence and the law, and the applicability of computers to legal decision-making. I asked this question: If we “knew” (in a measurable way) that an AI program was more likely to reach a measurably “correct” result than a jury, would we change from a jury system to a software system? There was an impassioned discussion, with the overwhelming consensus that people prefer a less accurate human system than a more accurate software system. What was interesting is how the discussion suggested that “objective correctness” was not in fact the goal of the legal system and that justice is something fuzzier, yet more comforting than pure accuracy.
It’s now 25 years later and I’m curious whether lawyers end up in the same place. I suspect that as more is at stake, the “human element” feels more essential, but as less is at stake, issues are more mundane, and speed and efficiency matters more, computerized decision-making becomes more attractive. Or, let the computers take the boring cases and save the interesting ones for us.
Read Ron’s post and the links he points to and give it some thought.
The money quote:

Lawyers (well, at least the forward thinking ones) are increasingly relying on “smart search engines” to reduce the cost of reviewing e-discovery documents.

[Originally posted on DennisKennedy.Blog (]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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Remembering Orianna Fallaci

Sunday, September 17th, 2006

We lost one of the giants recently when Italian journalist Orianna Fallaci passed away. There have been many appreciations, and I especially liked the one by Kim Pearson.
Like many, I was captivated many years ago by her classic book, Interview with History, which I plan to reread. In it, as in all her writing, you see how it is possible to write with passion and fire about things you care about and believe are important. And how the world needs those who can ask the hardest questions with courage and without compromise.
[Originally posted on DennisKennedy.Blog (]
Like what you are reading? Check out the other blogs where I post – Between Lawyers (feed) and the LexThink Blog (feed).
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