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Dennis Kennedy

Technology Law and Legal Technology. Dennis Kennedy is one of the few technology lawyers who is also an expert on the underlying technologies. Dennis an award-winning leader in the application of technology and the Internet to the practice of law. DennisKennedy.com gives you access to a wide variety of Dennis Kennedy's resources on legal technology, his writings, his well-known blog, DennisKennedy.Blog, and information about how you can have Dennis speak to your organization or group.

Dennis Kennedy is one of the most knowledgeable legal technologists you will find. - Michael Arkfeld.

Dennis Kennedy, a lawyer and legal technology expert in St. Louis, Mo., has been a significant influence in the ever-evolving relationship between lawyers and the Web. - Robert Ambrogi

Archive for the ‘Musings’ Category

Baseball Images: In the Zone – Exhibition

Monday, July 13th, 2009

Lots of interest in St. Louis about the baseball all-star game. On Saturday evening, we took in the opening of a new photography exhibit featuring some prominent baseball photographers, including my brother-in-law, Dan Donovan, who has several excellent photos (see the show’s home page for one of my favorites and you’ll see more here).
The show is at the Maryland Gallery in Clayton, Missouri, and even the most casual baseball fan will the images. If you’re in town for the All-Star Game or are in Clayton from now through August, you’ll want to check out the exhibit.
[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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A Little Too Close for My Comfort

Wednesday, March 11th, 2009

Anyone else notice this phenomenon lately? I’m starting to wonder if it’s a symptom of the economic turmoil.
Here’s what I’m talking about:
You are driving on a highway and cars are moving at 60 – 70 miles an hour. Then you see one of two similar things happen:
1. A car comes up behind another and begins to follow at a distance of one or two car lengths.
2. A car changes lanes roughly one or two car lengths in front of the car in the other lane.
Often this occurs with no other traffic around.
When it occurs to you, it’s scary.
I see this every day, it seems. For example, tonight someone cut over into my lane with what I would gauge was one car-length to spare (at 60 miles an hour).
Is this phenomenon a response to economic stress? Do people think the laws of physics no longer apply to braking distances? Is this just a St. Louis phenomenon? I’m curious. And I’m not the only one who has commented on this lately.
This is also something different that tailgating out of road rage (I saw an incident of that recently and that’s really scary to see). People appear to think that they are driving normally.
I welcome your thoughts.
[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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It’s Blawgiversary/Birthday Week at DennisKennedy.Blog!

Sunday, February 15th, 2009

On February 15, 2003, I launched this blog with the following post:

And so it begins . . .
I realized the other day that I had first written about blogs well over a year ago. In fact, the rise of blogs was one of my 2002 predictions for legal technology in my annual legal tech predictions article. As I was working on updating my web site (http://www.denniskennedy.com), I finally decided that I had to have my own blog. Thanks to people like Jerry Lawson, Sabrina Pacifici, the Support Forum at MovableType.org, it’s finally here.

The blog was my early birthday present to myself in 2003. I’m sure that many readers will appreciate the Babylon 5 allusion in the title.
One of the annual traditions on this blog is to have a combined blawgiversary (or blogiversary) and birthday (February 17) celebration. I’ve had a lot of fun with this over the years, and done more than a few silly things as part of these celebrations.
However, at heart, blawgiversary/birthday week is a reader appreciation week and a way to say thank you to all the readers of this blog, some of whom have been with me all the years. To all readers, long-time, short-time or first-time, a big thank you for reading this blogger and giving me plenty of reasons to keep this blog rolling year after year.
As usual, I have some treats for readers this week. This year, I’ll give one gift and a couple of treats. There might be more surprises as the week goes on, so stay tuned.
First, I’m turning this week into a “By Request” week. Use the comments, email (denniskennedyblog @ gmail . com) or even Twitter (@dkennedyblog or @denniskennedy) to ask me any question you’d like that would be of general interest, and I’ll try to answer as many of those questions as I can this week. Of course, I reserve the right to duck difficult questions or to answer an easier question than the question you ask.
Two treats:
First, Tom Mighell and I have recorded a podcast about collaboration tools and technologies that you may download and listen to for free. The details on the podcast and how to download it are here.
Second, it wouldn’t be a blawgiversary here without me continuing my tradition of claiming that I’ve arranged a “special deal for readers” to say that something that was already happening today was actually done as a part of this blawgiversary. Tempting as it was, I’ve resisted saying that I worked out a deal for both the Daytona 500 and the NBA All-Star game to be scheduled this year on my blawgiversary day. Instead, I’ll offer up a special $200 discount for early registrants to ABA TECHSHOW 2009 through the end of the month.
Again, a big thank you to all my readers. I’m looking forward to another great year at DennisKennedy.Blog and to answering your questions.
[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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Congratulations to Julie Broyles – St. Louis 40 Under 40

Thursday, February 12th, 2009

For the second time in last four years, I’ve found myself at St. Louis Business Journal’s 40 Under 40 awards dinner celebrating a friend being named to the list. In 2005, it was Kevin Buckley and tonight it was my colleague in MasterCard’s law department, Julie Broyles.
What I’ve found is that I really enjoy seeing people I know getting well-deserved recognition.
A big attraction for me to join the law department at MasterCard was getting the chance to work with the excellent team we have in the St. Louis office, so it was great to see Julie get the recognition and us all to get the chance to share in her big moment on a big stage.
[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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52 Books in 52 Weeks – 2009

Sunday, January 25th, 2009

In the last few years, I’ve enjoyed reading the posts of several bloggers who are trying to read 52 books in 52 weeks. I’ve also wanted to find a good way for me to keep track of the books I’ve read.
Last year, I decided to try to do the 52 books in 52 weeks meme (and encourage others to do so). I made it to 64, which seemed pretty good. Here’s the post with the 2008 list.
I’m doing the same thing in 2009, but with a few lessons learned, especially that it’s definitely not worth the hassle of adding Amazon links for each book I read.
My approach is the same as last year – I’ll simply update this specific post from time to time throughout the year as I finish books.
December
November
October
September
46. Free Agent, Jeremy Duns
45. The Age of the Unthinkable, Joshua Ramo
44. The Expediter, David Hageberg
43. The Mad Ones, Tom Folsom
August
42. The Venona Cable, Brent Ghelft
41. The Victorian Internet, Tom Standage
40. Final Notice, Joe Gores
39. Blank Spots on the Map, Trevor Paglen
38. A Brief History of the Future, Jacques Attali
37. The Gemini Contenders, Robert Ludlum
July
36. The Matlock Paper, Repbert Ludlum
35. The Osterman Weekend, Robert Ludlum
34. The Scarlatti Inheritance, Robert Ludlum
33. Say Everything, Scott Rosenberg
32. The Rheinemann Exchange, Robert Ludlum
31. The Matarese Countdown, by Robert Ludlum
30. The Matarese Circle, by Robert Ludlum
29. The Parsifal Mosaic, by Robert Ludlum
28. The Harney & Sons Guide to Tea, by Michael Harney
June
27. Making it All Work, by David Allen
26. Year of the Dog, by Henry Chang
25. The Icarus Agenda, by Robert Ludlum.
24. Bricklin on Technology, by Daniel Bricklin
23. The Chancellor Manuscript, by Robert Ludlum
May
22. Extreme Measures, by Vince Tynan
21. Maui Revealed: The Ultimate Guidebook, by Andrew Doughty
April
20. The Cry of the Halidon, by Robert Ludlum
19. 7 Deadly Scenarios, by Andrew Krepinevich
18. Moscow Rules, by Dan Silva
March
17. Divine Justice, by Dave Baldacci
16. The End of Lawyers?”, by Richard Susskind
15. Rules of Deception, by Christopher Reich
February
14. Inevitable Surprises, by Peter Schwartz
13. Our Iceberg is Melting, John Kotter
12. Ghost War, Alex Berenson
11. The Spies of Warsaw, Alan Furst
10. Inside Drucker’s Brain, Jeffrey Krames
9. Kiss Me, Deadly, Mickey Spillane
8. The Big Kill, Mickey Spilane

January
7. One Lonely Night, Mickey Spillane
6. Vengeance is Mine, Mickey Spillane
5. My Gun is Quick, Mickey Spillane
4. I, The Jury, Mickey Spillane
3. Enough, John Bogle
2. The Parsifal Mosaic, Robert Ludlum
1. The Culture of War, Martin Van Creveld

[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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Celebrating the Martin Luther King Holiday – 2009

Monday, January 19th, 2009

As longtime readers of this blog will know, I’ve written before (here, here and here) that the Martin Luther King Holiday is one of my favorite holidays of the year. It’s a perfect day to take some time to reflect. It also seems lately that it’s one of the few holidays that people actually get off work anymore. This year’s holiday also clearly has a special significance.
I also enjoy monitoring Technorati for the posts about MLK and Twitter Search. Try it.

Lots of interesting posts to find today.I like Bert Decker’s Master Speakers King and Obama, the Teaching Company has a free mp3 download of a lecture about MLK , and Art Howe’s The Arc of the Universe Is Long But It Bends Towards Justice (wow, what a sentiment that is!). Check for yourself and see what you find. As they say, “Make It a Day ON, Not a Day Off!”

[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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DennisKennedy.Blog: The Year 2008 in Review: Part 3: The Posts I Didn’t Write

Tuesday, January 6th, 2009

This is part 3 of a 3-part retrospective on the year 2008 on DennisKennedy.Blog.
In part 1 of this retrospective, I covered the articles I wrote in 2008 and the related posts about them. In part two, I covered the other posts I wrote on this blog in 2008.
In this part three, I cover the posts I planned to write but never got written.
I decided to write this post for three reasons:
1. The idea itself came from an idea I had for a post that I didn’t write a few months ago when a meme was making the rounds in which bloggers wrote about how they chose what they posted about.
2, I’ve always loved the writings of Jorge Luis Borges in which he wrote book reviews of books that didn’t exist. This is a small homage and it’s better than my old idea of writing software reviews of programs that didn’t exist. I realized that people would really believe the reviews and that might not be a good thing. You probably noticed all the excitement over the “keyboardless” Mac joke today. You do have to be careful about taking ironic approaches on law-related blogs.
3. I actually have notes of blog post ideas that I have jotted down throughout the year.
And it also gives me a chance to put a bit of closure on the one post that I didn’t write that I’ve thought about for the last few months: the dreaded Part 5 of my series on My Next Laptop is an iPod Touch.
Here’s part 5, in a nutshell. The iPod Touch as secondary laptop worked almost exactly how I planned. When I travel, it’s great. I can go to conferences and carry only the iPod Touch rather than a backpack and a laptop. At the public library, I can get on the WiFi and check my Amazon Wishlist to see if books are available at the library. Checking Gmail, Google Reader, weather, news and the like whenever I have access to WiFi is great.
There’s just one problem. For me (and in part, but just in part, it’s because I’m using iTunes on Windows in connection with the iPod Touch), iTunes remains one of the quirkiest and most frustrating programs I’ve ever used. Unless I exit out of iTunes and reopen it before I sync to the iPod Touch, the time and date will be set randomly. Google it and you’ll see that that’s not an issue unique to me.
Bottom line: I’m a huge fan of the iPod Touch and it extended the range of my laptop and serves as a second laptop in a great way in situations where I travel or have access to WiFi. However, I’d suggest that people might have better luck with iTunes on a Mac than on Windows or might expect some odd behaviors in a Windows environment. I mean, I can live with it OK, but it is frustrating (and I have to take a big deep breath and say a short prayer before I install an iTunes update) even for me, and I doubt that others will want to be as patient as I am. On the other hand, it all might work just fine for you, and that’s the quirkiness I refer to. By the way, my experiment was purposely done in the Windows environment, so there’s no need to give me the “get a Mac” advice. However, I’d enjoy reading your post if you try the same experiment in a Mac environment.
On the posts I didn’t write.
As I said, I pulled together some of my notes on blog posts I had planned in 2008. I often think up posts on my bike rides. Some of them get written. Some of them get noted. But there are a lot of unwritten blog posts scattered to the side of Grant’s Trail.
Here’s the list I pulled out of my notes, plus a few I remembered as I was writing this:
Here’s What’s Bugging Me about iTunes Now (just joking)
Legal Ethics and Web 2.0
Three Inexpensive Technologies I Really Like and Use Myself
Reflections on Raymond Chandler
Four WInds
Blog/Blawg 2.0
An Audience Survey
My Favorite Podcasts
Recommended Podcasts for Lawyers
The Power Cord is the Weakest Link
Using Extension Cords to Make Friends at Conferences
Projector Tips from Projector Failures I’ve Known
The Best Skills a Lawyer Can Have
Using the LazyWeb
Some Reflections on my Experience with Twitter (and Facebook and LinkedIn)
The Difficulties of Staying on Topic on Your Blog
Thoughts on Editing Podcasts
What Can ESPN’s Pardon the Interruption Show Teach Presenters
Why I Love getAbstract
Getting Deeper into Podcasts
The Library of Nineveh
Various Reflections on Books I’ve Read
A Guidebook for Fourth Generation Legal Technology
Marty Schwimmer is a Genius . . . Again
My Recent Conversation with Tom Mighell
Revisiting Open Space Technology
Improving Brainstorming Sessions
A Fond Memoriam on BlogWalk (Thank you Jack Vinson for inviting me to one of my favorite events in my whole blog history)
Open Source Programs Lawyers Might Use
My Facebook Friending Policy
Reconnecting with Childhood Friends Via the Internet
I Just Finished a 50-mile Bike Ride
A Fresh Look at RSS
Why I Hate Using Old Versions of Software
Finding Great Podcasts
The Hardest Thing(s) about Writing a Book
I Love FireFox and Tabbed Browsing, but Too Many Open Tabs is a Hazard
Tony Colleluori Reminded Me What the True Benefits of Blogging Are – see this post
How to be a Better Mentor

That’s the list. I’m not sure I’ll go back to any of these (some would be long posts), but if I see that there might be interest in some of these, I might work on writing a post on the topic. Also, I haven’t done a “By Request” post for a while, so if you have a question that I might answer as a post, let me know in the comments to this post.
On to 2009. Coming soon: my annual legal technology trends article/post.
[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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DennisKennedy.Blog: The Year 2008 in Review: Part 2: The Posts

Monday, January 5th, 2009

This is part 2 of a 3-part retrospective on the year 2008 on DennisKennedy.Blog.
In part 1 of this retrospective, I covered the articles I wrote in 2008 and the related posts about them.
In this part two, I cover the other posts I wrote on this blog in 2008. Part three might be the most interesting: posts I planned to write but never got written.
Overview: In many ways, 2008 was the year of the link at DennisKennedy.Blog. It’s ancient history now, but my original website started as a collection of links to useful resources and I wrote a column, often with Tom Mighell, called “The Strongest Links” for a number of years that focused on presenting useful links to resources on a variety of topics. I found that I wanted to get back to my roots and tried two separate approaches to create posts with links to posts, articles and websites that thought my blog audience might enjoy and find useful.
1. The Links Posts. The first experiment was called Links of the Week and appeared for about five months. There are a lot of great links in those posts. I ended up deciding, for several reasons, that I did not like this approach and began thinking about an alternative approach.
The second approach, which I really like, is something I call DennisKennedy.Microblog. The idea is to use Twitter to post a link to something I find especially interesting on a more or less daily basis and then collect those “tweets” on a more or less weekly basis in a post on this blog to create a post with a good collection of useful links. You can find the collected Microblog posts here. You can follow the microblog on Twitter here (@dkennedyblog) I’ve been pleasantly surprised by the number of followers to-date.
2. My Favorite Posts of 2008 (or a Great Introduction to his Blog for New Visitors).
Returning to the Internet Roundtable
The Internet Roundtable Revisited: The Blog Columns
I’ve Been Listening to So Many Podcasts that I Didn’t Realize that Podcasting Might Have Been Declared Dead
Kevin Kelly on Better than Free
KM for Legal Apps
8 Legal Technology Trends for 2008
I am the Worst Liveblogger Ever: A Report from ABA TECHSHOW 2008
Using Word 2007 and Google Docs to Collaborate on Documents
An Illustration of the Beyond Bullet Points Approach to Presentations
Talking Legal Tech
“My New Laptop Computer is an iPod Touch” – part 1, part 2, part 3 and part 4. (I have mixed feelings about this series because I never finished it, but that’s a story for part 3 of this 2008 retrospective).
Dennis Kennedy’s 2008 Law-related Blogging Awards (The Blawggies)
Planning for Legal Technology in a Recession (Or Worse) – Revisited
The Land of Hope and Dreams
Why I Blog – 2008 vs. 2004
9-11-2008
52 Books in 52 Weeks
Another good rediscovery while preparing this post was a link to the long interview I did for Lexblog in which I gave a lot of insights to my approach to blogging and my perspectives on it: My LexBlog Q & A Interview
Coming tomorrow: Part 3 – The unposted posts.
[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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Hey, That Jury Summons is for . . . Me

Monday, December 29th, 2008

I got a little gift from St. Louis County, Missouri in the mail on Christmas Eve.
I could tell from the envelope that it was a jury summons, but I was surprised to see it was addressed to me.
A quick search on the Internet disabused me of my outdated notion that lawyers were exempt from jury service in Missouri. The law changed in 2004. Glad I wasn’t tested on my knowledge of that.
Missouri has a great website with information for potential jurors, which, among other things, helps you get rid of that poor attitude that you might otherwise have when getting a jury summons and learning about your $10 a day compensation:

Few activities in our civic life provide such a direct contact with our democracy as does jury service. Besides voting, nothing is so active and participatory in nature. In fact, Thomas Jefferson believed that serving on a jury is more important than voting. He said, “I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.”

That said, my expectation was that I’d spend a couple of days waiting around, read a few books, and head home with an extra $20. After all, I thought, what lawyer would actually choose another lawyer for a jury?
I decided to ask around, locally and on Twitter, to see if trial lawyers would pick a lawyer for a jury and, realistically, what were my chances of being selected for a jury?
To my surprise (and you’ve probably noticed that everything about this experience so far has been a surprise to me – I’m definitely a transactional lawyer), not only did lawyers indicate that they would select other lawyers, but that they might well select me,
So, now I’m thinking that this might turn into something more than a chance to catch up on my reading.
But, faithful reader, I’d like to learn more about this and get more input from you on my questions about lawyers serving on juries, especially if you have been a lawyer who served on a jury or a lawyer who has selected lawyers to serve on juries.
I have three questions that I’d love to get your answers to, either as a comment to this post, an email to me at denniskennedyblog @ gmail.com, or a response to me on Twitter at @denniskennedy.

1. Would you select another lawyer for a jury on a case you were trying? In what circumstances?
2. In what type of case would you or wouldn’t select a lawyer like me for your jury?
3. What is your best practical advice for a lawyer who might be a jury candidate?

If you send me an email, let know whether you want to share your comments, with or without attribution. I’ll probably end up writing an article on this topic.
You can find some of the earlier responses I’ve received on Twitter by searching for “@denniskennedy” at http://search.twitter.com.
Thanks for your help.
[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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Make Time to Vote – 2008

Monday, November 3rd, 2008

Two things I’m sure of as election day approaches.
The first is that I wish Missouri had early voting.
I’m planning, instead, to use the less desirable Missouri “early morning” voting alternative and to post on Twitter (@denniskennedy) with my observations from the polling place.
The second thing is that I don’t understand why anyone would sit this election out. One pf my favorite authors, William Gibson, has the money quote on participating in this election, whatever your choices might be:

Don’t be a part of that part of the electorate that, for whatever reason, intends to vote, but doesn’t. Whichever way this election goes, you will not want to journey into your personal future, the future of the United States, or the future of the world, without having cast your vote in this election. If I know anything about the future, I know that. Either way, you will not want to have not been a cog, however microscopic, however essential, in this magnificent and beautifully-intentioned mechanism. If you’ve already taken advantage of early voting (of which I am a huge fan) and have the time to do so, please help as many others as you can to vote. Whatever the outcome, you will always count yourself a better person for having done so. (emphasis added)

Count yourself a better person and be counted.
[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]
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.
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