Dennis Kennedy

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Archive for April, 2009

Nine Legal Technology Trends for 2009 – The Year of Hunkering Down

Wednesday, April 29th, 2009

[In addition to my annual tradition of publishing an article on legal technology trends for the year, I've also experimented with posting drafts of the article on my blog before I've completely finished it and it's actually published as an article. This year's edition is running a little late and it feels done enough tonight to go ahead and post it as a first draft and get some reactions and comments (and some editing suggestions - there's no doubt there are still typos and other problems in this draft). Let me know what you think.]
Nine Legal Technology Trends for 2009: The Year of Hunkering Down
It’s my annual tradition to take a look at trends in legal technology for the coming year and make some predictions about where we are headed. I’m running late this year because the current economic turmoil has made it difficult to assess what is likely to happen.
I decided to observe what transpired in the first few months of the year, gather some information at ABA TECHSHOW 2009 and then see if my crystal ball became a little clearer. I also felt that simply to say that the 2009 trends would be the same as my 2008 trends, but even more so, would be emotionally unsatisfying, even if it seemed accurate.
Unfortunately, it really hasn’t, but it is April already and I thought I’d jump into this year’s article with the idea that it will be a conversation-starter more so than a roadmap.
I’m actually quite pessimistic about what we’ll see in legal technology, but I’ve taken a more positive outlook on these trends. Keep in mind that the economy could dramatically and negatively affect these trends. Let’s face it, when firms are laying off lawyers and staff and fighting to keep the doors open, technology is going to be less of a priority that it might be in a normal year.
There’s no doubt that there are pockets of enormous opportunity using technology in 2009 (think collaboration tools and client-focused technology), but it will be the rare firms or organizations that will be able to decide to make those investments. As a result, it’s what happens OUTSIDE the legal profession with technology that will ultimately be the most important trends inside the legal profession over the long haul. With that in mind, the best legal technology investment to make this year is to buy (and read) – Richard Susskind’s book – The End of Lawyers? – which is a great all-in-one resource on the big trends changing the profession and the outside pressures that will change the way lawyers practice.
With that said, I now launch into my 2009 trends.
1. Technology Budgets Get Decimated. At many firms, technology spending has crept up to be a substantial line-item on the firm’s budget. If it comes to cutting the tech budget or laying off people, most of us would like to be at a place that puts people first.
I originally was going say that technology budgets stay flat, but I’ve changed my mind. And I use the word “decimate” deliberately. The word originally meant the killing of one of ten soldiers. It later had the sense of drastic losses. In many firms, a large portion of the tech budget is set in stone and can’t realistically be cut during the year. That’s why my initial thought was that we’d see freezes rather than cuts. Now I believe that we’ll see cost—cutting as the year progresses. For the average lawyer, don’t expect to see a new laptop this year. In fact, don’t expect to see much of anything new this year.
What to do: Technology audits to determine what you are doing and where you can make cuts. Reduce duplication and increase standardization. Look for volume discounts, renegotiate large contracts, and consider outsourcing as an option in many more instances. Require IT department to explain and justify budgets.
2. Making Do with What You Have or Doing More with Less. Sensing a theme here yet? We’ll be hunkering down as a profession in 2009. That new Mac laptop you wanted will become a netbook. I wouldn’t be surprised to see law firms go to low-priced netbooks rather than laptops for the average lawyer. Cost is an issue. Moving to a new software version? Not likely. You better learn how to do more with the features in the version you already have. Perhaps most interesting, we could see the majority of the legal profession essentially miss a whole generation of Microsoft software (Windows Vista and Office 2007).
I’m not completely negative on this point. Constraints often help lawyers be creative. I expect to see more use of Web 2.0 tools and Open Source software and making better use of what they already own. Remember those WestKM licenses you already own but haven’t used – maybe it’s time to take a closer look.
What to Do: Learn more about what you have. Talk to vendors about features you don’t use and training opportunities. Look for better pricing and Internet deals when you do buy something.
3. The Mobile Phone as Platform. This trend actually relates to the previous one. The love affair between lawyers and the BlackBerry is well-known. Lawyers are also using the iPhone and other smartphones. If you aren’t likely to get a new laptop and your smartphone can do more and more, what is likely to happen? Yes, the phone is likely to become a mobile working platform that gives you access to data, documents, people and other things you need when you need them. The Apple Apps store for the iPhone and iPod Touch is looking to be a game-changer, and Blackberry and others are opening similar stores. These applications make smartphones even more useful than they already are. Don’t overlook the growing role that texting and instant messaging will play for lawyers, which work very well on a mobile phone..
What to Do: Umm, haven’t I just given you the business reason you were looking for to justify getting an iPhone? Look for ways other than email to use your phone to access your office and data. Experiment with applications for your phone. Drop your request for that new laptop and ask for an upgraded phone instead. For firms, consider ways to enable access through phones as a way to delay or avoid hardware purchases.
4. Get Your head into the Cloud. You will hear even more talk about “cloud computing” and “software as a service” (SaaS) in 2009. In simplest terms, I’m referring to ways both programs and data can be hosted and managed on the Internet through a third-party provider. Google Apps and other online SaaS options have gotten a lot of attention in the past year or so. SaaS options for existing legal software and new legal-specific SaaS services have become increasingly available to lawyers.
The benefits: manageable monthly costs, lack of need for infrastructure and personnel investments, access from anywhere, provider handles patches, upgrades, security and the like. The concerns: data hosted elsewhere, business prospects of providers, unique legal concerns like ethics and confidentiality.
Law firms, especially start-up firms, have been testing this water. Budget constraints will also make this a more compelling option in many cases. There will definitely be more attention to this area, and probably increased usage.
What to Do: Please, please, please do your homework and due diligence on this option, especially in this economic. Take a hard-headed realistic approach and make sure you compare SaaS options with what you are currently doing now rather than against some ideal of perfection that you aren’t close to achieving. Pick some areas to experiment with this approach rather than jumping all the way into the water at once.
5. Using Tech to Get the Word Out and the Money In. My approach to technology planning is really quite simple: does it save money or does it make money? I’m shocked when firms launch new tech initiatives without having a clear, quantifiable answer to this question.
In 2009, firms will be focused on bringing in new work, retaining existing clients and getting paid for the work they do. If your technology initiatives don’t directly address these concerns, you are missing the boat. It’s definitely not the most exciting area of legal tech, but investment in back office technology to get better bills out faster, improve collections and evaluate the profitability of clients and projects would be something I’d recommend for every lawyer and every practice. Boring is good in 2009.
On the exciting end of this trend is using technology to get the word out to market yourself, your practice and your firm. There is so much happening in this area that it is difficult to keep up with it all. The one thing I can guarantee is that by the end of 2009 lawyers will be using an Internet marketing vehicle that no one expected today (actually, my guess would be something in the SMS/instant messaging family).
Had you even heard of Twitter a year ago? Now you can’t turn around without seeing something about using Twitter, Facebook and social media tools for marketing. You can put video up on YouTube, publish PowerPoint slides on Slideshare, create your profile and groups on LinkedIn, have a blog, create a podcast and do many, many more things to get your message out and create a brand. The financial cost of most of these tools is next to nothing. Think about how your clients (and potential clients) get their information today. Create a channel to reach them that way.
What to Do: Look at the ways to use back office tools to streamline and standardize billings, improve collections and truly analyze the financial aspects of your business. Take better advantage of reporting functionality to give you reports that help you cut costs and improve profits. Evaluate your current Internet presence (hint: Google your name). Pick one or two of the Internet and social media channels to try. Don’t be over-influenced by what “everybody else” is doing – one or more of these approaches will suit you best – go with that one.
6. Focus on Client-focused Technology. OK. I pick this every year, but it’s a trend that’s clearly happening and it’s one that Susskind’s book also highlights. If you are looking for a simple approach to technology, this is what I recommend. Are your technology plans driven by what your clients want or by their needs?
Technology in this category includes simple extranets, collaboration tools, 24×7 access to documents, providing documents in preferred formats, and electronic billing. I’ve written extensively on this topic and posted some slides on SlideShare. so I won’t add a lot here, other than to say that this economy dictates that you find better ways to work with your best clients. The best way to start: just ask them.
What to Do: Simple client technology surveys. Identify pain points clients have with your technology, such as document compatibility or preferred formats. Focus on simple, practical extranet functionality (e.g., access to copies of documents) rather than gold-plated, all-inclusive extranet platforms. In general, keep it simple. And find ways to make it easy for clients to stay with you.
7. E-Discovery in Still Waters. No area of legal technology receives more attention than e-discovery, and deservedly so. 2009 will be a deceptive year in e-discovery. At the surface, it will appear that not much is happening. Some contradictory decisions, some industry consolidation, some talk of reform and a concern about costs. There will definitely be discussion of cooperation and collaboration. But you won’t see game-changing new technologies, magic bullets or tectonic movements.
As I’ve said before, lawyers have won the first round of EDD battles and successfully resisted wide-scale changes to business as usual litigation.
But that’s just the surface view. Still waters run deep and, like the Internet, we overestimate the impact of EDD in the short term and we underestimate the impact of EDD over the long term. Under the surface, the changes are huge and will transform the practice of law. Those involved in this area need to keep their eyes and ears open and monitor developments.
There are a few trends I’ll highlight. First, the growing emphasis on cooperation and collaboration, just one aspect of the growing role judges have been forced to play because of slow-moving lawyers. Second, technologies and techniques to produce usable and workable datasets out of enormous amounts of data. Third, an increasing amount of focus on high costs of EDD, with the parallel trend of treating some EDD procedures as commodities, with commodity types of pricing.
The main trend you will want to take notice of is one that started a few years ago and has continued to grow. It’s the movement of the lawyers who know the most and who are the best at EDD out of law firms and into the employ of EDD service providers. This really is a tectonic shift with the probable long-term result of EDD service providers largely taking this work away from law firms and EDD, perhaps, no longer even considered part of the ordinary practice of law, leaving litigation lawyers to redefine what they actually do as clients route around them to the EDD service providers who have all of the talent. I invite you to give that some serious thought.
What to Do: Watch the developments. Keep up with industry developments by reading some of the excellent EDD blogs. Watch the flow of talent out of law firms. There are still plenty of opportunities for lawyers in EDD, but I suggest looking for niche areas of EDD that you can do well or new roles, like project management. If I were a litigator involved in EDD, I’d look for one EDD niche to become very good at in 2009.
8. The Perfect Storm for Collaboration Tools. Tom Mighell and I recently released a 2009 CD update of our book, The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together. One of the features on the CD is our take on top trends in collaboration tools. Among the trends we note include cultural issues caused by mergers, layoffs and other economic turmoil, reduced travel budgets driving adoption of conferencing tools, the ability to find their own collaboration tools when you don’t provide them, the growth of instant messaging and Web 2.0 tools, and the growing role service level agreements play in collaboration tools.
If you go back and look at articles making predictions about legal technology at the end of 2008 and the beginning of 2009, you’ll notice that most, if not all, of them made one or more references to collaboration technologies. Since the beginning of 2009, the changes brought about by our economic situation have accelerated the move to collaboration technologies. The most obvious example at most organizations is the reduction in travel budgets and how that has renewed interest in all forms of conferencing. As I write this, we wonder about swine flu and pandemics. There is no question that this, too, will place more emphasis on online collaboration. New features added to programs almost invariably involve collaboration and interest in Microsoft SharePoint among both large and small firms continues to be high. Perhaps most important, however, is the growing sense that email may be broken as a tool or platform to use when working together.
What to Do: I always recommend starting with a simple “audit” of how you are collaborating now and determine how you might better collaborate with others by using collaboration features of programs you already have or free collaboration tools. Look at alternatives to email, especially for simple tasks like sending large files. Experiment with some of the web 2.0 tools – Google Apps is an easy place to start. And, of course, ask your clients how you can make it easier for them to work together with you.
9. A Potpourri of Predictions. In “down” technology years, I have always argued that innovative lawyers and firms can greatly widen the gap between themselves and those who stand still. Similarly, firms feeling that they have fallen behind can catch up to or even leapfrog today’s leaders by making a concerted effort in down years. In 2009, the retrenchment will be so great that I don’t expect to see a lot of innovation or investment. But the opportunity is there.
Here are a few predictions/trends that don’t really fall into specific categories, but I didn’t want to leave out of this article.
I’m intrigued by interaction of encryption and confidentiality, the way encryption might offer a technological solution to confidentiality obligations.
I’m quite concerned that a lack of understanding of, or an unwillingness to understand, how technology works by ethics regulators, especially in the area of web 2.0, social media, Twitter, cloud computing and metadata could result in rulings and regulation that negatively affects legal innovation at exactly the time innovation should be encouraged. I expect to see several important examples of that by year-end.
For innovation, I’m looking to the newest generation of lawyers and, equally important, those involved in provided services to lawyers. You’ll find them out there in blogs, on Twitter and Facebook, and other places on the Internet. I’m impressed by their energy and creativity. I learn a lot about new uses of technology from them and, as a profession, we’ll find them a source of innovation.
At ABA TECHSHOW 2009, I had a great conversation with Marc Lauritsen, Jordan Furlong and Ariel Jatib about where the next game-changing development in legal technology would appear. It arose out of a discussion about Twitter, which, interestingly, we all seemed to think was a bridge technology that was taking us to something else.
My contention was that audio and video was the easiest and most obvious answer. I had also just listened to a fascinating podcast of a presentation by Rajesh Jain in which he discussed innovative uses of SMS (simply put, instant messaging) in India. This also relates to the idea of mobile phones as a platform. We actually spent quite a bit of time on this possibility, which I believe holds a lot of promise. Finally, we talked about one of Marc’s favorite ideas of combining artificial intelligence concepts, decision trees and related technologies into tools that assist lawyers or take the place of routine aspects of the practice. The conversation we had around that topic and related topics like crowd-sourcing and recommendation engines was quite energizing and, as Jordan noted later, what makes a visit to a conference like TECHSHOW so worth the trip. My conclusion: while others hunker down, this is the year to take some time and think some bigger thoughts.
Concluding Thoughts. My best recommendation for 2009 is to read Richard Susskind’s new book “The End of Lawyers?” and familiarize yourself with the two biggest influences on the legal profession he mentions – commoditisation and information technology – and the way they will disrupt and change the profession, probably faster than we expect. Then engage in the conversation about where technology is taking us. It might not seem like much will be happening in 2009, but big changes will be taking place under the surface. Hunker down, but keep your eyes and ears, and your mind, open.
[Originally posted on DennisKennedy.Blog (]
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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Has PowerPoint Killed the Presentation? New Episode of The Kennedy-Mighell Report Podcast

Monday, April 27th, 2009

Got the word today that the newest episode of The Kennedy-Mighell Report podcast is now available for download. You can also subscribe to podcast on iTunes.
This episode has been given the intriguing title of “Has PowerPoint Killed the Presentation?” There’s no doubt that PowerPoint can be deadly in the hands of lawyers. We take a fresh look at PowerPoint in the light of some of our recent presentations, and give some of of favorite tips for improving your slides and presentations.
It’s just Tom and me in the studio for this episode, as we go without a co-host and experiment with a new format. We really like the new format – a main topic, answers to audience questions (thanks for the great questions) and our parting shots of a favorite tip you can use. We welcome your feedback on the episode and the new format. I expect that we’ll keep the new format and see the return of a co-host for the next episode.
We also welcomed our friends at RocketMatter as a sponsor of the podcast. As usual, we had the great production team at the Legal Talk Network. Follow the LTN Twitter feed (@legaltalk) for info on sending us questions for the podcast, details on a live feed during the podcast recording and info on the other great LTN podcasts.
If you’d like some helpful tips on improving your use of PowerPoint, the tips in one of my most popular articles ever will give you a good starting point, even ten years after I wrote them. My parting shot was about how helpful screen capture tools can be in a variety of settings. I referred to this Lifehacker post about the five best screen capture tools.
Give the new episode a listen and let me know what you think.
[Originally posted on DennisKennedy.Blog (]
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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Seeking Audience Questions for Next Kennedy-Mighell Report Podcast

Wednesday, April 22nd, 2009

We’ll be recording the next episode of The Kennedy-Mighell Report podcast on Friday. In the last episode, we had a segment in which we answered an question sent to us in advance.
We enjoyed it so much that we’re thinking of making it a regular segment in the show.
Of course, that means we need to have some questions to answer.
For the upcoming episode, we’re planning talk about whether lawyers have turned PowerPoint into a presentation-killer, with ways we think PowerPoint slides and presentations can be improved. As an aside, the tips in one of my most popular articles ever give you a good starting point, even ten years after I wrote them.
We’d welcome audience questions on (1) something to do with PowerPoint or the usage of slides in general or (2) legal tech issues in general.
You can email me your questions at denniskennedyblog @ or leave a comment on this post.
Give the podcast a listen and let me know what you think.
[Originally posted on DennisKennedy.Blog (]
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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Recent Microblog Posts – April 21, 2009

Tuesday, April 21st, 2009

DennisKennedy.Microblog is a supplement to this blog that can be found on Twitter at @dkennedyblog. I invite you to become a follower. An explanation of the microblog can be found here.
Here are posts from the microblog for the last week or so:

Very wise words from Penelope Trunk: “Reality check: You’re not going to make money from your blog” – – a must-read
2009 update CD for The Lawyer’s Guide to Collaboration Tools and Technologies available for pre-order at
Audio of Richard Susskind’s #techshow keynote available for download at – see my live notes at
Patrick Lamb reports on Futurefirm 1.0 and the future of law –; another report by Aric Press at
Dave Snowden – “Think anew, Act anew: Scenario Planning” – – from planning for scenarios to true scenario planning.
Benjamin Sutherland notes another step in continuing evolution of iPod Touch as a computing platform –
Lifehacker covers five best screen capture tools – – very useful tools for presenters
Gary Marshall asks what if our tech is “good enough”? – “Now, though, the weakest link isn’t your PC: it’s you.”
Carolyn Elefant shows us another good way for lawyers to experiment with Wordle –
Matthew Apsokardu on what PowerPoint teaches about martial arts and vice versa –
A new blog post: Looking Back at (and Looking Forward from) ABA TECHSHOW 2009 – #techshow
Trent Hamm reviews Bert Decker’s You’ve Got to Be Believed to Be Heard – – Want to be a better presenter? Read this book

Check out the new The Kennedy-Mighell Report Podcast on the Legal Talk Network.
[Originally posted on DennisKennedy.Blog (]
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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Looking Back at (and Looking Forward from) ABA TECHSHOW 2009

Tuesday, April 14th, 2009

Episode 2 of The Kennedy-Mighell Report Podcast is now available at its new home on the Legal Talk Network. In this episode, Tom and I talk with our guest co-host, Adrian Linares, about our take-aways from the recent ABA TECHSHOW 2009.
As I mention in the podcast, TECHSHOW reminded me of one of the recurring themes in my work – that legal technology (and information technology in general) is always more about people than it is about the technology. I recommend that you give the podcast a listen to hear our reactions to TECHSHOW and about some of the social aspects of legal technology today. Note also that we are looking for audience questions to answer in future podcasts.
I’ve been meaning to write a wrap-up post on my TECHSHOW experience, and this seems like a good place to do that.
As I first made my way to the TECHSHOW floor, I immediately saw Tom Mighell and Adriana Linares at the Conference Concierge booth and I felt like everything was in the right place in the legal tech world. From there, it was on the Twitter session and the three-day whirlwind that my TECHSHOW visits have become. I think that I did a good job of trying to visit with everyone I could, but if I missed you, it wasn’t for lack of trying, just a shortage of time.
My one disappointment at TECHSHOW was not getting much time on the exhibit floor to visit with vendors. I had a great conversation with Rick Borstein of Adobe about some ways to use Acrobat 9 (think portfolios and RSS feeds) and have some great suggestions to try. Otherwise, I got the chance to visit with my RocketMatter pals, Larry and Ariel, JD Supra, TotalAttorneys, Clio and Thompson West. I learned some interesting things, some potentially practice-changing, but didn’t get a strong sense of where the vendors are at today. As others have mentioned, electronic discovery is definitely a big item these days on the vendor floor.
As I was lamenting the lack of exhibit hall time I had on Friday afternoon (as the exhibit hall neared closing time), I ran into my friend, Andrew Sandler, at LegalQB, who was busy at work shooting videos of vendors and creating a virtual exhibit hall. You could go to the LegalQB site and mouse over vendors on the floor map and get info and see videos of vendor reps answering basic questions about products and services. The idea is that, at your own pace and without being bothered by sales pitches, you can learn about a vendor and come to the booths that interest you armed with basic knowledge and knowing what questions you have. Cool idea. Even cooler, LegalQB plans to make that info always available outside the conference setting. Andrew shot some video of Tom and me talking about our book and podcast that will be up on the LegalQB site. Give LegalQB a look.
I really enjoyed the three presentations I gave, two with Tom Mighell on topics related to our book, The Lawyer’s Guide to Collaboration Tools and Technologies, and one with Joel Alleyne, who was excellent to work with as a co-presenter, on a “client-focused” approach to collaboration. I’ve put up stripped-down black-and-white versions of slides from two of the presentations on SlideShare (here and here) as an example of how you can use this online tool to share presentation slides. There was a fair amount of twittering during the sessions and legal blogger extraordinaire Allison Shields has a nice summary of one of the sessions.
Tom and I did a roundtable session on collaboration tools, where we experimented with some “unconference” techniques. After introductions, we found that two of the attendees were actually on opposite sides of some matters. We took the opportunity to break into groups and discussed what, to me, is the hardest, but very common, collaboration situation – collaborating with people on opposite sides. While I’d characterize the success of the experiment as mixed, the planned 5 to minute discussion went much longer and people had some good ideas. I learned a lot. Then we discussed some questions about confidentiality and encryption, Google Docs, SharePoint and some other specific tools.
As a presenter, doing three presentations in a row reminded on the need to hydrate, hydrate, hydrate, and to protect your voice, especially on the night before. I was a little lacking in both departments, but left with my voice pretty much intact.
We gave away copies of our book – meaning the book and the new 2009 update on CD – at each of my sessions. After very limited success with the “trivia question” approach last year, Tom and I have done the book giveaways by finding the person in the audience who is newest to the legal business. I’ve been pleasantly surprised by how well this approach works (it always narrows down to one; trivia questions often draw many simultaneous hand-raisers). The rest of the audience stays interested and there is a good feeling in the room for the winner. Several people came up to me after sessions to say how much they liked this approach.
We heard from several sources that collaboration was a hot topic and that our book sold well. That’s always good to hear. As I mentioned, there’s a new CD update for 2009, with a new chapter of tips, new developments, forms, audio and more. We also took advantage of the opportunity to lobby our ABA publishers to release the book as a Kindle experiment. I’m not sure that we made much progress, but let Tom or me know if you would be interested in a Kindle version of the book and we’ll keep pushing our publisher.
The Sessions. For many years, my friends have discouraged me from attending their sessions, saying “you already know this.” That’s not really true, but I know what they mean. I’ve noticed that I attend fewer sessions at conferences, in part because the best learning really does happen in the hallways and lobbies outside the sessions. I also have a unique position where I can talk to many of the speakers outside the sessions, especially at TECHSHOW where many of the speakers are friends, but for any attendee, access to speakers at TECHSHOW is second to none and one of the big plusses of the show.
There were two sessions I attended that I wanted to note. The first was the Twitter session at the start of the conference. While, admittedly, sitting by Jordan Furlong was guaranteed to result in Twitter shenanigans, and it did, it was fascinating to observe the twittering during the session and how the #techshow hashtag moved up to the #3 trending search term on all of during the session. While I liked the session, my sense by the end of it was that I’d probably focus more on the whys, hows and so whats of Twitter if I ever presented on the topic.
The other session, which I think was the centerpiece of the conference, was Richard Susskind’s keynote speech. I posted my notes from the session here, so I won’t go into any detail here. A few conclusions – buy the book (The End of Lawyers?), read the book and discuss the book with others. I enjoyed getting a couple of chances to chat briefly with Richard. I compare the book favorably to Tom Friedmann’s “The Earth is Flat” in that pulls together and synthesizes a lot of important ideas that people have been tossing around, systematizes those ideas in highly understandable ways, and provides a single point of entry for those new to the discussion. The presentation was excellent on so many levels and gave me many touchpoints to tie into my presentations the following day.
Probably my favorite part of the move of TECHSHOW to the Chicago Hilton has been the willingness of the TECHSHOW chairs and ABA Law Practice Management Section to open up a suite to attendees to hang out in the evenings. As I mentioned before, the access to speakers is a huge selling point of TECHSHOW.
Anyway, I spent more than a few hours at the suite on the evenings I was there and appreciated the chance to talk to others about technology and other topics. On the first evening, I found myself in a great conversation with Marc Lauritsen, Jordan Furlong and Ariel Jatib in which we were trying to predict what the next wave of lawyers’ use of the Internet would be. If websites were generation one, and blogs were generation two, was Twitter the start of generation three? Maybe. We went well beyond that and the conversation was worth the trip for me. The Twitter length summary of what’s next from our conversation – audio/video (the easy answer), SMS as a platform, and automated decision-making / legal risk management.
Thanks to Adriana Linares, Kevin O’Keefe, Ed Adams (my “boss” for my ABA Journal tech column) and others who organized events like Beer and Blawgers, the great dinner events, and other activities. One of my favorite TECHSHOW moments was at the Beer and Blawger event, where bloggers/twitterers who knew each other by reputation got to meet in person for the first time. It was funny and cool at the same time to hear people shouting, “Oh my God, you’re @legaltypist!” or @econwriter5 or other Twitter handles. It was also fascinating to see the difference in approach of people who brand their names on Twitter (e.g., @denniskennedy, @tommighell, @jimcalloway) as compared to those who use handles.
Tom and I hosted a very nice dinner at Catch 35, a very good seafood restaurant with a very memorable bread pudding dessert, where we talked about Kindles and a bunch of other topics. Thanks to all who signed up for our dinner.
The last day of sessions ended with the speaker luncheon and the passing of the torch from the current board chair, Laura Calloway (fabulous job, Laura!), to the next board chair, Debbie Foster, and the first meeting of the new board. As a former board member, I always enjoy that tradition.
On Saturday afternoon, I had the rare chance to sit down and talk for a couple of hours with my friend and honorary cousin, Dan Pinnington, something we haven’t had the chance to do for a few years. Dan, along with Reid Trautz, has co-written a new book , The Busy Lawyer’s Guide to Success, which is chockful of law practice management tips (more than 700) and is a must-read. Lots of great info in it and they have a website for it at
I made the comment in my presentations that, especially because of the economy, TECHSHOW was a gathering of the right people at the right place at the right time on legal technology. I suspect that the ideas, relationships and energy generated by TECHSHOW 2009 will one day be seen to have played an important role in the evolution of the practice of law toward the ideas some of us loosely call Law 2.0.
Toward that end, I end by pointing to the continuing Twitter conversation that began at TECHSHOW and has keep going at a great pace ever since. It can be found by searching for “#techshow” (or just “techshow”) at You can even join in this conversation by adding the hashtag #techshow to your related tweets. It’s definitely a space to watch.
A big thank you to everyone for making this one of my best TECHSHOWs of the ten or so I’ve attended. As I said, legal technology ultimately is more about people than technology.
[Originally posted on DennisKennedy.Blog (]
Check out the new The Kennedy-Mighell Report Podcast on the Legal Talk Network.
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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Recent Microblog Posts – April 12, 2009

Sunday, April 12th, 2009

DennisKennedy.Microblog is a supplement to this blog that can be found on Twitter at @dkennedyblog. I invite you to become a follower. An explanation of the microblog can be found here.
Here are posts from the microblog for the last week or so to give you a flavor of what expect:

Contract Drafting for 21st Century: Conversation Between Ken Adams and Ron Friedmann – – contract drafting = commodity?
Joshua Poje on reliving ABA Techshow 2009 on Twitter – – the continuing discussion at #techshow might be the big story.
Nassim Taleb on ten principles for a black swan-proof world –
James Maule on a tide of change in legal education: a crisis that won’t simply go away – – worthwhile change from turmoil
Kevin Carey on what colleges should learn from newspapers’ decline – – lessons for lawyers, too
Twitter: The Good, the Bad and the Ugly by Jim Calloway
Ron Friedmann suggests the cylinder may replace the pyramid in BigLaw structures – – the big squeeze and right-sizing
Very useful! InsideLegal’s Legal Technology/Law Firm Management Master Events Calendar – #techshow Thanks, JoAnna.
Here’s a #techshow picture to celebrate episode 1 of the new Kennedy-Mighell Report podcast ( – see
The Kennedy-Mighell Report podcast returns – on the Legal Talk Network! Adriana Linares guest hosts.
Mitch Joel on the rapid growth of Twitter with the stats to prove it – – useful info for presentations and discussions
Lifehacker Hive Five’s Five Best Mindmapping Applications – – my intro to mindmapping article –
Trent at The Simple Dollar wisely notes “You can’t get better results without changing anything” – [Good reminder]
Con Frantzeskos says that Twitter is for old people – – good discussion point for #techshow Twitter session
Professor Maule discusses what must happen next in legal education in must-read post at Note esp. last three paragraphs.

Check out the new The Kennedy-Mighell Report Podcast on the Legal Talk Network.
[Originally posted on DennisKennedy.Blog (]
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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Liveblogging Susskind’s Keynote Presentation at TECHSHOW

Thursday, April 2nd, 2009

Wanted to try my hand at liveblogging, which is really blogging your notes from a session: Let me know what you think.
My notes on session:
At the end of these economic difficulties, the legal landscape will not return to “normal,” instead it will be drastically changed.
KPMG mission statement – we exist to provide value from our knowledge to our clients. Lawyers must look for ways to find new ways to produce these values.
Clients want client dispute avoidance, not dispute resolution.
This means next wave for lawyers is legal risk management.
Understand the fundamental difference between automation and innovation. Not computerization what we already do but to making new things possible.
In other words, the best way to predict the future is to invent it.
The key is turning ideas into action. Some of these ideas have been around for a while.
“Fit for purpose” legal profession.
Inhouse legal counsel are under significant pressure – something has to give. I.e., clients want “more for less.” This is a fundamental premise.
Note the coming reality of external investment in law firms in the UK.
Two possible strategies:
1. Efficiency strategy – cut costs, move toward commoditization, multi-sourcing
2. Collaboration strategy – cost sharing, harnessing collaborative IT, online community
Disruption beyond imagination
Bespoke vs. Commoditised – Custom vs. commodity
A path:
Bespoke -> Standardized -> Systematized -> Packaged (packaging your knowledge) -> Commoditized
Legal expertise as product. Eversheds as a model
Many see packaged knowledge as anathema
Commodity in the sense of legal services is a metaphor. An online information service is his example of commodisation in legal services.
Another path:
Hourly fees -> flat fees -> free
Innovation seems to happen in the systematized and packaged areas for Susskind. Most firms see that they are and want to stay in the bespoke area. Has bespoke become just a romantic vision of what we think we are as lawyers?
Clients, on the other hand, generally want to move away from bespoke and toward commoditization.
In other words, client work needs to be rethought.
Clients – cut costs, make costs predictable, quality improves (via standardization and systemization)
Watch for this axis to largely flip (in terms of percentages in each category over the next 10 years)
Multi-sourcing – using the least costly of many potential sources of services and/or the bringing together of multi-sourced work into coherent single product.
Susskind has 12 ways of multi-sourcing (NOTE: this is a key section of his book) e.g., insourcing, outsourcing, home sourcing, open sourcing, co-sourcing, leasing, computerizing, no-sourcing (not devoting legal resources/effort to low risk areas)
Law as project management.
Tendency among lawyers (outside this presentation room) that Google and BlackBerry is their technology. And belief that legal profession is the one area that will not be impacted fundamentally by the Internet and technology.
The interesting point (at least to me) is are we starting to see early impacts/symptoms of Singularity effects (e.g., Vinge and Kurzweil).
As technology comes to heart of our lives and work, no reason to believe law will be exempt.
Change is accelerating.
Another set of examples – Social networking, online communications, mass collaboration
[NOTE: It’s fascinating how our collaboration book is a handbook for using the practical tools that will power these trends in the profession. Don’t know if we were especially prescient or lucky. Or both.]
The key is how to apply these techniques (online communication, collaboration, social networking) in the legal profession.
Ten disruptive (in the Clayton Christiansen sense) technology for legal profession (listed in his book).
Four examples:
1. Closed client communities (collaborative) – Network of solo practitioners or clients
2. Online dispute resolution
3. Embedded legal knowledge
4. Electronic legal marketplace
Traditional pyramid model and shape of law firms will change dramatically
“What parts of lawyers’ work can be done differently?” Answer truthfully.
If we see ways Internet can destroy our business, shouldn’t you be doing that? That’s the challenge.
For what will lawyers be needed? A more fundamental question.
Deep expertise (legal) and complex communication.
Note that complexity and expertise can be modeled. Modeling is a key concept.
Lawyers tend to exaggerate level of creativity (across the board).
Direct contact is diminishing in many areas
Future jobs for lawyers
Expert trusted adviser
Legal knowledge engineer
Project managers
He calls what is coming is an incremental revolution toward an IT-enabled legal profession and a fundamental change in the way legal services are delivered.
[Originally posted on DennisKennedy.Blog (]
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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The Kennedy-Mighell Report Podcast Now on Legal Talk Network

Wednesday, April 1st, 2009

I’ll be at the ABA TECHSHOW April 2 – April 4 and hope to see many of you, especially those from Chicago, there, although I expect I’ll live up to my reputation as the worst liveblogger ever.
However, I have some big news. The Kennedy-Mighell Report, a podcast Tom Mighell and I produced on an irregular basis over the past few years, has been relaunched as part of the excellent Legal Talk Network, with a new format and the great production team at LTN.
Episode #1 is called “Reality Check – The Impact of Legal Technology on Lawyers” and, as part of our new format, features our good friend and legal tech maven, Adriana Linares as a special guest co-host. We had a lot of fun making the podcast and it has some great practical information on legal tech.
Here’s the description:

Technology can help you manage your law practice OR make you want to throw the computer or mobile device of choice out the window! Hear the economic reality check and the impact on legal technology for lawyers – the hard but helpful facts. Time’s up for computer illiterate lawyers – find out why! And too much stuff to search for discovery, case law, etc – what to do?

We’ll do the podcast every other week and it’s available on iTunes and via RSS feed. Details here.
Please give it a listen and let us know what you think. We’re happy to get suggestions for topics to cover in the future.
I’m very much looking forward to Richard Susskind’s keynote presentation at TECHSHOW (to me, this is a must-see for anyone seriously interested about the future of the practice of law. If you are in Chicago, you really have to consider at least going for the TECHSHOW day-pass to see this one). Tom and I will be doing several presentations on collaboration tools on Friday (another good use of the day pass option, if you ask me). Please say hello if you see me.
[Originally posted on DennisKennedy.Blog (]
Follow my microblog on Twitter – @dkennedyblog; Follow me – @denniskennedy
Now Available! The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together, by Dennis Kennedy and Tom Mighell. Visit the companion website for the book at Twitter: @collabtools
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