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 November, 2006

Danny Sullivan and The History of Search

Thursday, November 30th, 2006

Search engine expert Danny Sullivan left Search Engine Watch today to move to Search Engine Land. In his exit comments, he refers to his excellent article “My Decade of Writing about Search Engines,” an authoritative and personal history of search engines. Highly recommended.
I’ve been reading Sullivan’s articles for the whole decade. I’ve learned tons and tons of stuff from him, and will be reading his writing at its new home.
If you are interested in Internet history, especially the pre-Google era, the links mentioned above are great places to start.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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Seven Great Questions

Wednesday, November 29th, 2006

One of the things I love about newsreaders and RSS feeds is the intriguing posts that appear before you. In a way, it’s reminds me of the effect of the shuffle feature on the iPod.
Here’s an example from Dick Richards’ blog, Come Gather Round. It’s called “Great Question #7” and it’s this:

Who supports my genius and purpose, and who must be left behind?

The post lists his six earlier questions. Check them out.
Spend a week by focusing on one of these questions each day and you may find yourself in a far different place. In any event, this is a post that illustrates the catalytic aspect of consuming the web by RSS.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 event.
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Serious and Fun Productivity Tools

Tuesday, November 28th, 2006

It’s the season for cool gift lists. I especially like David Seah’s list for the productivity-obsessed, Gifts for Hardcore Productivity Nuts: Magnatag Visible Systems. Thanks to 43 Folders for the link.
Lots of great ideas and references to great non-high-tech productivity tools like the Moleskine notebooks that became really popular with bloggers a while back (I still use mine and have jokingly referred to them as the blogger PDAs). Hey, this blog is not always about high tech.
The stars of Seah’s post are . . . well, let’s just go to the money quote:

As tough as I reckoned I was with all my paper-based weaponry—you should see the paper task shuriken I’ve been working on—my delusions of badassedness came to an abrupt end when I came across Magnatag products half a year ago. I had stumbled onto a trove of custom magnetic whiteboards and task tracking support tools, built large from steel and plastic. They’re working tools for daily use in the field, for information-critical activities like truck dispatching, construction projects and even church management. From shipping containers to saving souls, Magnatag seems to have an informational whiteboard product for every industry that needs to get things done.

There’s some cool stuff here – the stuff I expect to see hanging on Matt Homann‘s wall. In fact, I can’t believe that he hasn’t already posted about this.
Take a look at this page and you’ll be hooked.
Fascinating stuff. Magnatag link
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 event.
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Blawgspace is a Generous Place (2006)

Wednesday, November 22nd, 2006

As I’ve noted before, one of my favorite posts ever on this blog is called “Blawgspace is a Generous Place,” written nearly 3 years ago. I have the feeling that my recent post called “The ‘Unbearable’ Everydayness of Blogging” will become one of my favorites as well.
Both are outside the “normal” subject matter of this blog, yet, like many other bloggers, I’ve found that the most satisfying posts often come when you reach across boundaries or step outside your blog role (pun intended).
In the “everydayness of blogging” post, I started to reflect blogging a bit, something I don’t write so much about anymore. In fact, my last significant writing on meta-blogging was called “Lawyer Blogging Basics – How to Use Blogging Software without Becoming a Blogger” and it’s not exactly about blogging. More than a year ago, I wrestled with the debate over “what is a blog?” and my aversion to definitionitis in a post called “What is a Blog?” That’s the post where I stated my general principle of blogging – “Let thousands of blogs bloom” – and lamented the occasional trend of people wanting to define the “one true blog” and have everyone fall in line to meet some proscriptive norm. I personally like blogs that break the “rules,” so I’m not a fan of that approach.
For what it’s worth, I think I got closer to what I wanted to say about definitions in the recent post “Explaining Blogs and RSS: A Primer.”
However, everything always comes back to “blawgspace is a generous place.” That’s such a core element of my blogging experience and my own blogging philosophy.
It’s Thanksgiving time and I have more people to say thank you to than I could ever imagine. In my little way, however, I want to say thank you to those in blawgspace and blogspace for welcoming me in and making in part of the coolest network of people and ideas going. May it remain as inviting, encouraging and welcoming for years to come. Tend your own flower and be willing to let thousands of flowers bloom in their own unique ways and see what we all can learn, together, in the process.
[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).
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The “Unbearable” Everydayness of Blogging

Sunday, November 19th, 2006

I gave a presentation on blogging, podcasting and RSS feeds on Friday and it gave me the chance to reflect a bit about blogging. The night before, I had attended the unveiling of the impressive lobby display and video our daughter’s class produced after their 8th grade field ecology trip to Sapelo Island, the Okefenokee Swamp and the Smoky Mountains (see details from prior years here). At the entrance of the school is a quote from its former director, Jan Phillips, that has grown more meaningful and profound to me each time I read it:
The reflection on an educational experience is often as valuable to learning as the experience itself.
During the presentation, I was asked a question that made me think about the amount of work it takes to sustain a blog. As I like to say, the difficult aspect of blogging is not the time commitment, but the “everydayness” of blogging.
Over the time I’ve been blogging, I’ve noticed a certain ebb and flow to my posting, an almost cyclical pattern of feast and fallow periods. In my case, that reflects a common alternating pattern of taking in information, followed by a period of expressing information. Learning, then writing.
Lately, I’ve been in an intake period. If you count the number of posts over the last few weeks, you’ll see that.
When you live in your newsreader as much as I do, it’s intriguing to see how the RSS feeds you subscribe to bring you the insights you need on a regular basis.
Since I gave the presentation, I read two posts that gave my insights into the “everydayness” and work involved in blogging and, in the process, insight into what blogging is about, at least to me.
First, Evelyn Rodriguez, in a post called “All Good Things Come to An End, or Shift Happens,” touched on the notion of “blog fatigue” and quoted Hugh McLeod who said:
I usually come down with a heavy dose of blog fatigue every couple of months or so. It usually lasts a week or two. I think it’s normal.
Evelyn’s post intrigued me because I have been a regular reader of her blog for a long time, and recently I noticed that it did not seem as compelling to me as it once had and that distressed me a bit. I was looking for the old magic.
She says in this post: “Anyway, I’m back. Yep the blog was up for grabs in the mass clearing too. This blog started after nearly two years of deliberation (er, hemming and hawing) since I knew it’d be pretty much a second job. (And I was right, it is.) But it also was the outcome of true inspiration, which when I mine that space, those nuggets always outlast any and all of my ideas du jour.”
Yes, she is back. The notion of knowing that a blog would be “pretty much a second job” and the importance of being in a space of inspiration resonated with me.
Then, this morning, I read a post from another blog I really enjoy, Slaves of Academe, called “My Blogging Workbook.” If you have been blogging for an extended period of time, you must read this post. In fact, as soon as I read it, I sent the link to my friends at the Between Lawyers blog with an exhortation for them all to read it. You should read it all to get the full effect, but at least read the last few paragraphs.
In the post, the pseudonymous Oso Raro reflects (there’s that word again) on blogging, the work it requires and its impact. I like how she describes blogging as a subjective art that requires both community and freedom of expression, with the thrill of blogging coming from the “performative aspect.”
As you read the post, and you really must, you’ll find insight after insight into this blogging thing and then, there it is again, you run into a paragraph on “blog fatigue.”
In this respect, she says:

[U]nlike the widespread notion of blogging, it is in fact work to maintain a blog. You must have an idea, execute it somehow, with an eye towards communication and community. This, on top of everything happening in one’s personal life, can be a struggle.

Oso writes about academic blogging, but the insights apply to lawyer blogging or blogging in general. Substitute “legal” for “academic into the following quote:

But this returns us to the communitas at the root of most academic blogging. We reach out to build community, to build bridges, to (only!) connect, in ways that are generally not approved in our home (real time) professional communities. Which of course is why blogging remains on some integral level both a) transgressive, and b) dangerous.

Hmm, no wonder that I think the discussion on blogs solely as forms of legal marketing or advertising is misplaced.
The money quote (and the point of this post) – once again substitute “legal” (or the name of your own field) for “academic”:

Blogging, and the online communities we exist within, and the work (yes real intellectual work) that we are producing are the future. It may not be the only future, or keep its current form and shape, but it is where we will all end up one day. And in that sense, academic bloggers are truly transgressing, carving out new ground and territory for what will, sooner rather than later, be the space of the profession.
But, as we know only so well, no good deed goes unpunished.

Reflection is a valuable thing, and it is a joy to be part of a blogging community with Evelyn and Oso to help me reflect and see more clearly. It makes the everydayness of blogging oh so bearable.
[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).
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50 Great Blogging Resources

Thursday, November 16th, 2006

Neil Patel offers an excellent list of his 50 Favorite Blogging Resources, a great collection for bloggers from the beginner to the experienced blogger.
Thanks to Marcus Zillman for this pointer and many more useful ones on a regular basis.
Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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Reminder: My Upcoming Blogging Presentation in St. Louis

Friday, November 10th, 2006

Just a reminder:
Thanks to the good people at the St. Louis Chapter of the Institute of Management Consultants, I’ll be sharing my insights on blogging and podcasting on November 17.
Here are the details:

ALL ABOARD THE BLOG TRAIN: BUILDING YOUR AUDIENCE, REPUTATION AND BUSINESS WITH BLOGS AND PODCASTS
Dennis Kennedy, Speaker
November 17, 2006
Registration & Networking 7:15 am, Breakfast 7:30, Meeting 8:00 am – 9:15 am
Ces & Judy’s
(10405 Clayton Road (in Le Chateau Village, St. Louis, Missouri)
Tom Peters has said, “Biz Blogging . . . works. It is of . . . MONUMENTAL IMPORTANCE. (Or can be.)” In the session, well-known St. Louis blogger Dennis Kennedy (http://www.denniskennedy.com/blog/) will introduce you to the new world of blogs and podcasts and the benefits they now bring to many consultants and professional services providers. You will start with blogging 101 and then learn how you can uses blogs and podcasts to connect with a larger audience, enhance your reputation and marketing reach, and build your business. Kennedy will share his insights from more than three years of blogging. Business blogging does work.
Dennis Kennedy (dmk@denniskennedy.com) is a St. Louis lawyer who both practices computer law and provides technology consulting services for law firms and corporate legal departments. His blogs, DennisKennedy.Blog (http://www.denniskennedy.com/blog/) and Between Lawyers (http://betweenlawyers.corante.com/), are among the longest-running, best-known and most influential of the legal blogs. In 1995, Dennis became one of the first group of lawyers with a web page, and he has frequently spoken, written and been quoted on Internet marketing issues, including the use of blogs by lawyers and other professional services providers.
An award-winning author with hundreds of publications to his credit and a frequent speaker, Dennis was named the 2001 TechnoLawyer of the Year and 2003 Contributor of the Year by TechnoLawyer.com for his role in promoting the use of technology in the practice of law. His website (www.denniskennedy.com) has long been considered a highly regarded resource on legal technology and technology law topics.
He is also a co-founder of LexThink!, a conference and consulting group that focuses on innovation in the professional services industry (http://www.lexthink.com). Dennis also co-writes a popular column on electronic discovery at DiscoveryResources.org. He is a member of the ABA Law Practice Management Section’s Council and is an editor and board member of the Law Practice Today webzine (http://www.lawpracticetoday.org).
Dennis received his J.D., cum laude, from the Georgetown University Law Center in 1983 and B.A., magna cum laude, from Wabash College in 1983.
Costs: $30 for IMC Members, $40 for non-IMC members,includes buffet breakfast.
If you bring a first-time guest, you will get $5.00 back at the door. Also, your Guest will receive a $5.00 discount.
We prefer that you register via our online registraton below. If you must call in your registration – call Kathy Robinson at Cost Containment Strategies – 314-439-5673.
Please make your reservation no later than Tuesday (by noon) before the Friday program.

Get more info about IMC-STL and the presentation here. Register here.
IMC-STL is a great group. I invite my local readers – lawyers or non-lawyers – to attend this session and learn more about the topic and the group.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

RSS Guide: Automated Web Surfing for Lawyers

Wednesday, November 8th, 2006

Tom Mighell and I have co-written an article called “RSS Resources You Can Use: Automated Web Surfing for Lawyers” in the latest issue of the ABA Law Practice Management Section’s webzine Law Practice Today.
The article is designed to give a short introduction to RSS feeds and news readers, and then point readers to some of the most helpful resources we’ve found on these topics, with an emphasis on resources most helpful to lawyers. You will find information for both the total beginner and for advanced users. We hope you find the article helpful.
The money quote:

Indeed, if you are not finding a way to incorporate RSS technology into your online research toolkit, you are missing out on an amazingly powerful resource.

And research is just one of the ways you can make good use of RSS feeds.
Tom and I were talking today and decided to follow this article up next month with a “part 2″ that will focus on how to find good RSS feeds and other topics that we didn’t cover in the current article. If you have topics you’d like to see us cover in that article, let us know.
If you have an interest in electronic discovery, be sure to check out the article Tom and I wrote last month on best Interest resources on electronic discovery. It’s called “EDD-ucating Yourself About Electronic Discovery.” Tom and I, either individually or collectively, have been writing the column called “The Strongest Links” on Law Practice Today for several years. If you check the archive, you’ll find a large collection of articles highlighting Internet resources on a variety of subject areas. Each of the articles makes for a good starting point on the topic.
As always, be sure to visit the current edition of Law Practice Today – there are a lot of very good articles this month.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
Learn more about electronic discovery at Dennis Kennedy’s Electronic Discovery Resources page.
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Election Day 2006: The Applause You Hear

Tuesday, November 7th, 2006

Hosanna! The cheers you hear in Missouri are from those of us relieved that the telephone hell of incessant phone calls from political campaigns will finally be coming to an end. We all dread to pick up the phone at our house when it rings any more. The current approach to political campaigns of bombarding potential voters with recorded phone calls really must be rethought. There’s really nothing worse these days than being in a “swing state,” “firewall state” or whatever the pundits’ phrase of choice for a state like Missouri. I hope analysts find a strong correlation between use of these techniques and losing elections.
[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).

Podcast: New E-discovery Rules in the Federal Courts

Thursday, November 2nd, 2006

The latest stop on my recent electronic discovery speaking tour was at the deservedly highly-praised Coast to Coast podcast on the Legal Talk Network, one of the longest-running legal podcast series.
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The podcast is now available and here’s the description:

On December 1, 2006, new amendments to the Federal Rules of Civil Procedure will take effect and change how civil cases will be tried forever. In this Coast to Coast we discuss the e-discovery changes, what the impact will be for corporate America and how companies can prepare themselves before the new rules take effect. Join Law.com bloggers and co-hosts, J.Craig Willams and Robert Ambrogi as they get insight into the world of e-discovery from the experts, Michele C.S. Lange, Esq., staff attorney in the Electronic Evidence Services group at Kroll Ontrack Inc. and Dennis Kennedy, well-known lawyer and legal technology consultant based in St. Louis, Missouri. Don’t miss this program!

What a great group to work with! A big thank you to everyone at Coast to Coast, especially Kate Kenney, for inviting me.
If you would like to get a good overview on what you need to know about electronic discovery in the context of the upcoming amendments to the FRCP, this podcast is a great starting place. Michele is certainly one of the most knowledgeable people you will find on EDD issues and Bob and Craig did their usual great job of asking questions that focused on the issues that should be on the minds of lawyers as December 1 approaches.
If you haven’t yet experimented with listening to podcasts, or don’t yet understand what the whole podcast thing is about, this episode of Coast to Coast will be a great place to get introduced to the podcast phenomenon. Even better, subscribe to the Coast to Coast RSS feed and you’ll get automatic notice of new programs.
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[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
Learn more about electronic discovery at Dennis Kennedy’s Electronic Discovery Resources page.
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