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 October, 2009

Google Wave Invitations and Audience Questions for Podcast

Tuesday, October 27th, 2009

I have a few Google Wave invitations that I’d be happy to extend to regular readers of this blog who would like to test out Wave. Send me an email at denniskennedyblog @ gmail.com with your email address and some info about what you’d like to use Google Wave for and I’ll see how long they last.
I’ll especially look favorably on those who include a question for the audience Q & A segment of our next episode of The Kennedy-Mighell Report podcast. The next episode will cover Windows 7 and Tom and I would welcome your questiions about Windows 7 or any other legal tech topic.
I’m also interested in hearing from people who have found good (and successful) uses for Google Wave.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools

Listen to The Kennedy-Mighell Report podcast on the Legal Talk Network.
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Born to Run – The Live Version

Tuesday, October 27th, 2009

We went to see the Bruce Springsteen show in St. Louis on Sunday. I planned to blog about it last night, but the story of the cancellation of last night’s Kansas City show because of the death of Springsteen’s cousin and road crew manager had just broken and it seemed best to wait a day.
In addition to extending my sympathies, I did want to note that I specifically noticed the performance of the road crew during the show – they seemed especially professional and attentive. As we waited for the show to start, I noticed the attention to safety as the crew crawled up the ladders into the lights.
As long-time readers of this blog know, I’ve seen Springsteen play live many times and I can fairly be characterized as a big fan. I’m not going to write anything like a review here – just sketch out a few notes and observations, especially for my friends Jim and Dr. Jeff – and note that this show is definitely worth seeing if it comes to your town.
I knew before we went that Springsteen would be playing the entire Born to Run album from beginning to end in order during the show. I also suspected before I went that that performance would be among the highlights of shows remembered as I look back in future years. It will indeed be.
This show features the E Street Band and we got the full E Street Band experience, with a wide-ranging rocking show that featured all of the players from time to time. I’ll also note that you do start to wonder if this will be the last E Street Band tour or, at least, how many more there will be. Danny Federici is gone already. It’s an older group, to be sure, but they have tremendous energy as a band.
Here’s the set list:
Wrecking Ball
Seeds
Prove It All Night
Hungry Heart
Working On A Dream
Thunder Road
Tenth Avenue Freeze-Out
Night
Backstreets
Born To Run
She’s The One
Meeting Across The River
Jungleland
Waiting On A Sunny Day
Working On The Highway
The Promised Land
Lonesome Day
The Rising
Badlands
No Surrender
For You
Roll Over Beethoven
Surprise Surprise
Detroit Medley
American Land
Dancing In The Dark
Rosalita
Highlights:
1. Born to Run – The Live Version. Bruce’s intro was simple and to the point. It’s interesting to realize now how much really depended on this album selling. It would have been the third strike if it hadn’t and none of the other records might have come after. Bruce made a reference to that and the fact that it is a young person’s record. As the album unfolded, I was struck by how little it sounds like the rest of the music that came out at the time. Standout moments included a breath-takingly good version of Backstreets, the moment the lights come up on the entire audience in Born to Run, the trumpet work on Across the River, and an elegiac version of Jungleland to end. Bruce brought out the guys in the band who created the record (with a reference to the missing Danny). I’d call it a great gift to long-time fans and one of the great memories I’ll have of his shows.
2. I could have made a zillion predictions for what he might play and never come up with the solo piano version of “For You” he played by request. Quite a rare treat and a compelling performance.
3. Nils Lofgrin’s guitar solo in Prove it All Night – almost other worldly – I’ve never seen/heard anything quite like it. I’m a big fan of Bruce’s solos in Prove it All Night over the years, but this one was a stunner and worthy addition to the history of solos in the song.
4. The sequence of Lonesome Day, The Rising, Badlands and No Surrender, which to me seemed to follow a compelling logic. At the end of each song, I was thinking that I wished he’d play the next song, and he did.
5. Rising Just a great St. Louis moment – playing Roll Over Beethoven, by request, in Chuck Berry’s hometown.
It was almost 3 hours, basically non-stop, and quite enjoyable. As I say, worth checking out if it omes to your town, especially if he will be doing one of the entire album segments. And, Bruce’s dynamic energy at age 60 is an inspiration.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools

Listen to The Kennedy-Mighell Report podcast on the Legal Talk Network.
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Broadening Search: Is Google Enough?

Sunday, October 25th, 2009

My latest technology column for the ABA Journal is out. It’s called “Broadening Search” and it focuses on shortcomings people are finding with an over-reliance on Google search and covers some alternatives to Google for certain types of searching.
As I like to say, “The next generation of search is arriving, if you know where to find it.”
In the column, I recommend that you assemble a toolbox of search tools and then choose the best tool for the job at hand.
I introduce you to tools you might want to learn more about: from Bing to Twitter Search to specialized search tools to Rollyo to Dogpile to Mahalo to Sensebot. I wanted to sketch out how broad the search landscape really is.
As I say in the article, “I worry, as should you, that a total reliance on Google will give you a limited or distorted view of the Web. You want to choose the best tools for the job at hand. It’s a new generation. Try out a few new search tools today and compare the results.”
The details about the tipsse tools are in the article, of course, which you should now check out here.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools
Listen to The Kennedy-Mighell Report podcast on the Legal Talk Network.
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The Electronic Legal Pad and the Post-Paper Practice of Law – Podcast

Sunday, October 25th, 2009

Tom Mighell and I have recorded another episode of The Kennedy-Mighell Report podcast and it’s now available on the Legal Talk Network and on iTunes, with an RSS feed here. The episode is called “The Electronic Legal Pad and the Post-Paper Practice of Law” (show notes website) and here’s the episode description:

Will lawyers ever move past the ever-present legal pad as their most trusted tool for practicing law? Tablet PCs have been around for quite a while, but lawyers are now using iPhones, iPod Touches and other devices with touch screens. Are the days of the paper legal pad numbered? In this episode, co-hosts Dennis Kennedy and Tom Mighell discuss whether lawyers will ever embrace touch technologies.

We discuss whether the current role of multi-touch technologies in iPhones, IPod Touches and other devices, talk of new Tablet PCs, including the oft-rumored Apple Tablet, and touch features in Windows 7 will move lawyers away from their trusty paper legal pads to some kind of electronic version of the legal pad. We talk about our own experiences with Tablet and touch devices, analyze the prospects and make a few predictions.
In our audience questions segment (we always welcome your questions for any podcast), we look at recent large disclosures of Internet passwords, suggest ways people can do a better job on passwords, and ponder whether it’s time to change all of our Internet passwords.
We end the podcast with our Parting Shots – practical tips you can use right away. I single out Andrew Dlugan’s Six Minutes public speaking blog, especially its weekend list of great tips and links on public speaking and presentations. Tom talks about folder sharing and bulk uploading in Google Docs and alternatives to the Windows Task Manager.
Give our new episode a listen and let me know what you think. Show notes are here.
And try some of the back episodes as well.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools
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Recent Microblog Posts – October 14, 2009

Wednesday, October 14th, 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 recent posts from the microblog:

RT @collabtools: Tomorrow morning’s Legal Rebels audiocast: “Working Collaboratively Works Best” with @tommighell – http://bit.ly/svYjF
Michelle Golden’s “Social Media Risk Tolerance Quiz for Firms” – http://bit.ly/3PQAxc – lots of wisdom in a simple calculation
Nick Carr on the eternal conference call – http://bit.ly/DAsAb
JD Supra’s Legal Edge iPhone app – http://bit.ly/19sTxK – downloaded and installed
Leigh Jones on Uniform Bar Exam – http://bit.ly/3ot2kj - in 1983, I thought end of state bar exams was imminent; maybe a little closer now?
RT @jackvinson: Look, there is a horse. Beat it or ignore it? http://bit.ly/YayWn – how collaboration technologies get implemented
RT @ronfriedmann: RT @PosseList Uniform Bar Exam Drawing Closer to Reality http://sn.im/sh6mn || Cracks in the guild wall?
RT @GreatDismal: Is the Large Hadron Collider being sabotaged from the future? http://bit.ly/2W0zFj
Plagiarism software discovers new Shakespeare play? http://bit.ly/2coY6C
Mark Hannah: “How Webcasting Helps Exclusive Conferences Be More Inclusive” – http://bit.ly/11JRf

Anastasia of YPulse on how Miley made me rethink my personal twitter account – http://bit.ly/SyRqE – great perspective
RT @Rex7: 24 Hours of Essays, Podcasts & Live Call-In Programs – http://bit.ly/PwmHt – for ABA Journal’s Legal Rebels – my audio on Friday
Kevin Kelly on the remixing of Out of Control – http://bit.ly/IAWAM – fascinating concept
Jessica Lipnack lists ten best practices for conference calls in “Could You Please Repeat the Question?” http://bit.ly/2OURZA
A bucketload of technology news and tips from @jimcalloway – http://bit.ly/4nFyAZ
Don Reisinger on the end of Geocities and an Internet era – http://bit.ly/1IzjEz
New episode of Kennedy-Mighell Report podcast – Bulls and Bears: Lawyers Using Social Media | Legal Talk Network http://bit.ly/b2EiJn
New blog post: Listening to Podcasts at Double Speed – I praise the new iTunes double speed button – http://bit.ly/qY6p6
Lena West on resisting “social media haystacking” – http://bit.ly/eO8yu

Check out the latest The Kennedy-Mighell Report Podcast on the Legal Talk Network.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools
Listen to The Kennedy-Mighell Report podcast on Legal Talk Network. Latest episode: “Law Firms and Legal Technology: Trends and Challenges
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Bulls and Bears: Lawyers Using Social Media – New Podcast

Wednesday, October 7th, 2009

Tom Mighell and I have recorded another episode of The Kennedy-Mighell Report podcast and it’s now available on the Legal Talk Network and on iTunes, with an RSS feed here. The episode is called “Bulls and Bears: Lawyers Using Social Media” (show notes website) and here’s the episode description:

Depending on where you look, lawyers are likely to read or hear that social media (LinkedIn, Twitter, Facebook, et al.) are either a tremendous waste of time fraught with ethical dangers or an essential tool for communication and a necessary part of every lawyer’s Internet presence. Are you falling behind or falling off the cliff? In this episode, co-hosts Dennis Kennedy and Tom Mighell will take a fresh look at social media for lawyers and try to sort through the various claims, draw a few conclusions and provide some practical pointers.

Tom and I have been resisting talking about social media and social marketing on the podcast. There’s plenty of discussion out there, especially today. And we were never sure that we had uch new to add to the discussion.
However, I had just returned from doing three presentations (two on legal tech trends and one on web 2.0 and legal ethics) where I talked and answered questions about social media. I got to see a lot of lawyer’s reactions to social media. Tom had also been to a recent conference where there were social media discussions.
In this episode, we decided to talk about our observations and take a “bulls and bears” approach to lawyers using social media. I played the “bear” role in the discussion, because I expect the use of social media by lawyers after the “early adopters” to happen much more slowly and to a lesser degree than I might have expected even a few months ago. We end our discussion with some of our favorite practical tips for lawyers wanting to use social media.
The episode is designed to surface some questions and start some conversations, so we hope it has that result.
In our audience questions segment (we always welcome your questions for any podcast), we answer a question about ethical and other policy guidelines for lawyers (and others) using social media. I actually try to summarize the high points of my recent panel presentation on Web 2.0 and legal ethics in about 60 seconds. Tom offers a set of excellent points on guidelines.
We end the podcast with our Parting Shots – practical tips you can use right away. I’m also surprised when people tell me that they go to my blog to read it rather than consuming the blog in a newsreader. I invite people not using Google Reader to try it as a way to consume their favorite blogs via RSS feeds. Tom talks about the new Google Sidewiki.
Give our new episode a listen and let me know what you think. Show notes are here.
And try some of the back episodes as well.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools
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Listening to Podcasts at Double Speed

Tuesday, October 6th, 2009

Listening to podcasts at double speed will take you places you’ve never seen, never seen. Start me up.

I’ve long maintained that the scariest message I can see on my computer is a notice asking me if I want to install a new version of iTunes. Well, the message about installing a new version of the iPod/iPhone OS might be a little scarier.
It amazes how often when I update iTunes some basic aspect of my user experience that I rely on gets changed. And I simply adjust.Thanks to Tom Mighell, I now click on the live updating for my “recently added” playlist to make sure that new podcast episodes get added to the list and then click off “live updating” before I synch my iPod to make sure that the podcasts get moved over to my iPod. It’s now a habit and I can’t imagine how I could have lived without this feature before.
But, I’m not here to complain about iTunes tonight.
In my most recnt round of updates, I saw that certain podcasts on my iPod now come with a little button that allows you to play them in regular speed, half speed, and double speed. My podcast world has changed dramatically.
First, a little story.
In the ancient first days of podcasting (and I mean really early), I had a phone conversation with Ernest Miller about podcasting. This was early enough in the history of lawyer blogging that with Ernest Miller and Ernest “Ernie the Attorney” Svenson as “blawggers,” “Ernest” was actually the most common name of blawggers. I believe there were no other duplicate names of bloggers at the time. But I digress.
Ernest Miller thought that podcasting had a lot of potential in the legal world and he went on to create one of the first legal podcasts, The Law and IT with Ernest Miller. If you want to see a snapshot of the early days of legal podcasts, see the Strongest Links column Tom MIghell and I wrote for the ABA’s Law Practice Today webzine in July 2005.
In our phone call, Ernest and I shared similar views about the potential for podcasting and had some similar reservations. Ernest’s great enthusiasm moved him quickly past the reservations – it took me longer to get started with a regular podcast.
What I remember most about the call, however, was my main reservation about podcasts: that they would be another “silo” of information that would be limited by your habits and environments where you listened to audio. In other words, they made sense to me if you commuted, especially if you had a long commute. I had listened to books on tapes, audio courses, Teaching Company courses and the like on my commute for many years. At the birth of podcasting (at least for me), I was working from my house and, as a result, listening to less audio.
As we explored that idea, I raised the point that audio, being essentially a “real-time” medium, did not give you the easy ability to skim and jump around in audio, especially at that time. As a result, the podcast silo of information, being real-time, was measured in time of listening, not number of pages. That is, it’s less formidable to face 100 pages to read (or skim) than 100 minutes of audio.
iTunes also conveniently tallied up the total of your unplayed audio and let you know how many days of material you had if you were to listen to it. My argument/feeling was that seeing that you had several months worth of audio as you accumulated podcasts would be demotivating and demoralizing. As I recall, we talked about ways that “tagging” podcasts so a listener could move easily to new sections, effectively “skimming” the content, might be a good thing. I also mentioned the idea of speeding up the play of the audio to reduce time so long as you could still understand and follow the audio.
When Tom and I re-started The Kennedy-Mighell Report podcast on the Legal Talk Network, one of our specific goals was to keep the episodes to 20 minutes – the more or less perfect time for a podcast because it fits most commutes and workouts. OK, we haven’t quite made it there yet, but we’re close.
I also like to listen to some long podcasts – 40 minutes and up. I can do that with a long commute, but it’s actually difficult to start those podcasts, no matter how interested I might be in them, whne I know I don’t have the time to finish them.
One of my favorite podcasts is the BBC’s In Our Time podcast. An episode showed up in my “Recently Added” playlist the other day (because I learned how to use the new check/uncheck feature in iTunes). The episode was on the Egyptian pharoah Akhenaten. I wanted to listen to it, but I knew I couldn’t finish it before I got home. However, it had the speed buttons and I could finish it if I played it at double speed. I went for it and the rest is history.
Now, I’m a huge double speed fan.Although it takes some adjustment, I find it pretty easy to follow at the higher speed. I’ll note that if your attention wanders, you do miss twice as much. I’ve discovered that it’s easier to use double speed with podcasts where you are not as familiar with the voices. Familiar voices sound funny and distracting at the higher speed.
A word of warning, you might find yourself looking for the 2x button on conference calls or live presentations.
For more details and few more suggestions, see MIchael Rose’s excellent post, Inside iPhone 3.0: Enhanced controls for podcast & audiobook playback.
A few conclusions.
Your mileage may vary, but I’m curious what others are thinking about this approach to podcast listening.
I believe that the iPod has long had some ability to “overclock” audio playback, but the ease and ready availability to do so makes an enormous difference tome.
This gives you one fewer reason not to become a regular listener to The Kennedy-Mighell Report podcast – there will be a bew episode out very soon.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools

Listen to The Kennedy-Mighell Report podcast on the Legal Talk Network.
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Recent Microblog Posts – October 4, 2009

Sunday, October 4th, 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 recent posts from the microblog:

RT @DanB: Condolences to @davewiner on the passing of his dad. Dave fathered important tech, his dad fathered him http://tinyurl.com/ya795lr
Steve Rubel: Google Wave = RSS, the Sequel – http://bit.ly/FB7bj
Meryl Evans: how much should you reveal about yourself online? http://bit.ly/11um7P – What’s right for you?
Nancy Nally on personal branding: “what you get from me online is 100 percent me…but you don’t get 100 percent of me” http://bit.ly/sj9UZ
Two new blog posts: one on the new podcast (http://bit.ly/mskWu) and one on the new ABA Journal column (http://bit.ly/Kkdq9)
RT @nipper: “Google Wave made no sense…until I saw this: http://is.gd/3PpAq Now I get it!”
Kevin Kelly on the oldest living things in the world – http://bit.ly/1dFeqz
Rachel Happe on the social media fear factor – http://bit.ly/1Uieq – “practice is critical”
Marshall Kirkpatrick’s theory that “Twitter is more likely to be meaningful than TV” – http://bit.ly/IWIKa
RT @econwriter5: Is there a site that lists all legal and/or marketing-related conferences? Try InsideLegal.com – http://bit.ly/VMzTa
Mike McBride and Jenn Steele on the “year of waiting” in legal technology – http://bit.ly/1Y5xI5
RT @legaltalk Law Firms & Legal Technology:Trends & Challenges | Legal Talk Network/Kennedy-Mighell Report podcast http://bit.ly/5H9UQ

A special happy birthday note to my wife today.
Check out the latest The Kennedy-Mighell Report Podcast on the Legal Talk Network.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/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 LawyersGuidetoCollaboration.com. Twitter: @collabtools
Listen to The Kennedy-Mighell Report podcast on Legal Talk Network. Latest episode: “Law Firms and Legal Technology: Trends and Challenges
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