“He will win who knows when to fight and when not to fight.” – Sun Tzu
In the time leading up to litigation, many attorneys grapple with the pros and cons of litigation for their clients. It is often difficult to quantify the probability of success or what it will take to get there. In the intellectual property world, an expensive victory can be as devastating as a loss. Fortunately, data analytics are making this process more predictable by offering insights to future results based on information from the past.
In this episode of Law Technology Now, host Monica Bay interviews Lex Machina CEO Josh Becker. Together, they discuss the value of data analytics when it comes to making decisions in litigation. Organizations like Becker’s are able to collect data points that show, among many other things, the historic instances of judges ruling on certain motions, wins vs. losses of opposing counsel, and the length of proceedings. From the perspective of lawyers, this information can help craft arguments to conform with successful past efforts and help in the prediction of success. From the perspective of clients, this information can be used to hire counsel, make business decisions on prospective patents, and much more. Stay tuned for Becker’s tips for being a successful upstart in the legal industry.
Josh Becker is the CEO of Lex Machina, a company that provides intellectual property litigation data and analytics to companies and law firms. He is also the founder of The Full Circle Fund and co-founder of New Cycle Capital. Prior to that, he was on the founding team at Redpoint Ventures. His previous employment includes Brentwood Venture Capital, Netscape Communications, and McKinsey & Co. Josh was the second employee at EarthWeb Inc. and formerly one of youngest press secretaries on Capitol Hill.
It is an exciting time for legal research. The text-based searches of yesterday are giving way to the interactive visualization of data. What this means is that lawyers will have more control over and increased awareness of their research projects. The visual ability to map out information empowers researchers to understand when enough is enough, thus saving time and reducing the cost of providing legal services
In this episode of Law Technology Now, host Bob Ambrogi talks shop with Fastcase founder and CEO Ed Walters. Together, they share exciting new developments in legal software and how it’s developed as well as how it can create jobs for lawyers rather than take them away. With the majority of people doing their computing through mobile devices, there is enormous opportunity to provide valuable legal services in new ways.
Ed Walters is the CEO and co-founder of Fastcase and currently teaches Law of Robots at Georgetown University Law Center. Prior to that, he worked at Covington & Burling in Washington D.C. and Brussels, where he advised clients such as Microsoft, Merck, SmithKline, the National Football League, and the National Hockey League. From 1991-1993, Ed worked in the White House for the Office of Media Affairs and the Office of Presidential Speechwriting. Walters also clerked for the Hon. Emilio M. Garza on the U.S. Court of Appeals for the Fifth Circuit. He is licensed to practice before the U.S. Supreme Court and the U.S. Courts of Appeal for the Fourth and Fifth Circuits.
Law Technology Now returns as Monica Bay and Bob Ambrogi bring the show back to the air in an exciting new format. By alternating hosting duties back and forth, the show is designed to provide a different perspective episode to episode.
Catch up with our hosts as they discuss their predictions for 2016, ideas for future show topics, and why it’s an exciting time to be practicing law. Despite their shared belief that legal technology is generally good for the industry and increases access to justice, both Monica and Bob recognize that there are pros and cons. Monica warns that lawyers who can’t keep up with innovations may be forced into early retirement whereas Bob debates the liberating versus enslaving effects of constant connectivity. Now that some 20 states are conforming with the ABA Model Rules of Professional Conduct by requiring lawyers to be competent in technology, it looks like the only way to go is forward. Welcome back listeners!
Even lawyers start the new year with at least a few resolutions. Some are predictable, falling into the usual categories like exercise or diet. However, creating legal technology based resolutions can really help your practice and overall happiness. Have you been thinking about trying a new app or learning to use one you’ve already downloaded? Does the idea of starting a blog or finding a new podcast interest you? Do you need some ideas?
To help listeners with some ideas, Dennis Kennedy and Tom Mighell discuss their 2016 technology resolutions in this episode of The Kennedy-Mighell Report. They contemplate the usefulness of resolutions in general, examine their 2015 goals and whether they were completed, and make a new set of legal tech resolutions for the upcoming year. Using a system of threes, Dennis and Tom set up general and specific resolutions including online content and engagement, learning to use new tools, digital organization and pruning, and collaboration with other lawyers. Tune in and compare your goals with theirs; maybe you’ll decide to add one more!
In the second half of this podcast, Dennis and Tom recommend previous Kennedy-Mighell Report episodes that new listeners might want to try. Sometimes legal technology discussions don’t stand the test of time, but many of their previous podcasts are still applicable today. As always, stay tuned for Parting Shots, that one tip, website, or observation you can use the second the podcast ends.
InfraGard, one of the longest running outreach associations, represents a partnership between the FBI and the private sector. Members include businesses professionals (including many law firm employees), people from academic institutions, and local participants who share their experience and expertise with the FBI to assist in crime prevention. In the recent climate of rampant cyber security issues, many in the private sector are better equipped to fight these cyber threats. So why is it important for lawyers to know about and potentially join InfraGard?
In this episode of Digital Detectives, Sharon Nelson and John Simek interview FBI special agent and InfraGard coordinator Kara Sidener about the way InfraGard works and why lawyers and other law firm professionals should be interested in joining this two-way information sharing platform.
The evolution of cybercrime
The Department of Homeland Security, the FBI, and the private sector
Who joins InfraGard
How and why members are vetted
Benefits for IT professionals trying to secure law firm networks
Staying informed about clients’ intellectual property issues
Proactive programming and cross-sector collaboration
Free resource to provide info on terrorism and cyber threats
Kara Sidener is a special agent with the FBI and is currently serving as the InfraGard Coordinator for the Washington Field Office (WFO). Her 17 years with the FBI have all been in the Washington, DC area, having had assignments at WFO, FBI Headquarters, and the FBI Academy. Kara has experience in a number of areas including counterintelligence and cyber investigations, evidence response, instruction and training, and private sector outreach. Kara was a member of WFO’s Evidence Response Team and a first responder to the Pentagon on 9/11/01.
30 years ago, the legal community began to see the value in the intersection between technology and the law. Lawyers are now using new software and tech devices more than ever in their practices and the courtroom, making the ABA TECHSHOW’s 30th anniversary valuable to anyone working in the legal field. So what’s going on this year?
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview Steve Best, chair of ABA TECHSHOW’s Planning Board, about the popular technology topics that will be covered at the conference in March, why lawyers and other law firm staff should care about tech trends, and how Steve personally became so intricately involved.
Steve’s career transition from a practicing lawyer to a legal technology consultant
Why lawyers should care about security, mobility, and the cloud
Regulation violations and security breaches
Learning helpful info from the exhibit hall
The planning board: IT professionals, in-house attorneys, lawyers, and consultants
Two special plenary sessions
Getting the most out of the technology you already have
The 30th anniversary party at the Chicago Hilton hotel
Steve Best is an attorney and the founding partner at Affinity Consulting Group, a well-known and well-respected law office management and technology company. He is a member of the Florida Bar and the Georgia Bar and is also a certified consultant and trainer, maintaining certifications in many law office software products including time billing and accounting, practice management, document management, PDF production, document assembly, and paperless office packages.
“The question is not can a machine exhibit empathy or judgement but instead for what problems are empathy, judgement, or creativity the solution?” -Richard Susskind
After years of writing and thinking about the future of the legal profession, Richard Susskind began to run into legal professionals whose careers are being affected by technology. In addition to lawyers, those in the medical, architecture, financial, and other fields have begun to notice a shift in the provision of professional services. Richard got together with his son, Daniel Susskind, at the time working in justice policy, education policy, and health policy for the British Prime Minister, to examine how technology is increasingly playing a fundamental role in how all service-based professions work. They recently published a book on the subject called “The Future of the Professions.”
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview Richard and Daniel Susskind about their new book and key topics within that might interest lawyers who wish to prepare for the future. They discuss a “grand bargain” concept of exclusivity, the capability of machines to replace cognitive, physical/manual, and emotional skills currently provided by human professionals, and the right questions to ask about the future of legal services. Are there any tasks that computers won’t be able to do?
Society’s expectation for affordable, accessible, and reliable professional services
Computers and artificial intelligence as a threat to the legal profession
Professionals to be redeployed into new roles
Free sharing of information through online avenues
Incremental changes versus complete changes
Commercial and social circumstances of the current systems
Professor Richard Susskind is an author, speaker, and independent advisor to international professional firms and national governments. He is president for the Society for Computers and Law, IT advisor to the Lord Chief Justice of England and Wales, and chair of the Oxford Internet Institute Advisory Board. His books include the best sellers, “The End of Lawyers?” and “Tomorrow’s Lawyers.”
Daniel Susskind is a lecturer in economics at Balliol College, University of Oxford, where he researches and teaches, and from where he has two degrees in economics. He was also a Kennedy Scholar at Harvard University. Previously, he worked for the British government as a policy adviser in the Prime Minister’s Strategy Unit and as a senior policy adviser at the Cabinet Office.
In 2015, we were introduced to a plethora of tools designed to make lawyers’ lives easier. However, not every legal professional has the same technological needs, and not every lawyer knows how to find the most useful tools for him or herself. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell ring in the new year by sharing their favorite apps, websites, gadgets, and technology advice of 2015. They cover their favorite task management tools, cloud and Dropbox service options, search tools, news sources, VPNs, password managers, polling software, and much more. Tune in for a debate on whether the Microsoft Surface Pen is better than Apple’s Pencil and website suggestions for any lawyer who wants to use technology better.
In the second half of this podcast, Tom and Dennis discuss where they discover their best legal tech tips. Their sources include Twitter, panels they’ve attended like ‘30 Legal Tech Tips in 30 Seconds,’ and RSS feeds where they can get links from colleagues and friends in the legal tech world. The hosts wrap up their inaugural 2016 podcast with Parting Shots, the section that always includes tips that you’ll be able to start using as soon as you’re finished listening to the podcast.
With the data breaches and ransomware that has plagued law firms (and other companies) of all sizes recently, clients and firm managers alike are seeking more advanced data security. Certifications like the ISO 27001 provide guidelines and standards for how to protect the confidentiality, integrity, and availability of the information your firm holds. But what does implementing the high level of cybersecurity mean practically, how much will it cost, and what if a solo or small law firm can’t afford it?
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview John Simek about the International Standards Organization (ISO) 27001 certification, The National Institute of Standards and Technology (NIST) small business standards, and other news concerning law firm cybersecurity.
Updates, guidelines, and costs of getting the ISO 27001 certification
Email encryption and Opinion 648 of the Texas Center for Legal Ethics
Protection from ransomware
Passwords, multi-factor authentication, and biometrics
Changing defaults and patching applications
John Simek is the vice president of Sensei Enterprises, Inc. in Fairfax, Virginia, which offers IT, information security, and digital forensics services for law firms and other businesses. John is a co-author of the book “Encryption Made Simple for Lawyers,” published by the American Bar Association in 2015 and a co-author of the second edition of “Locked Down: Practical Information Security for Lawyers” which will be published in March of 2016. John is one of the country’s leading cybersecurity experts for law firms.
Technology Assisted Review (TAR), also known as Computer Assisted Review, Predictive Coding, Computer Assisted Coding, and Predictive Ranking, has been around for 50 years, but is now becoming incredibly useful in the legal field. This technology can speed up cases of all kinds and greatly reduce discovery costs for their clients. But how do lawyers learn about TAR? After all, we’re not dummies.
In this episode of Digital Detectives, Sharon Nelson and John Simek interview John Tredennick, the CEO of Catalyst Repository Systems, about his new book “TAR for Smart People,” what exactly TAR includes, and specific ways it has helped companies reduce discovery costs. Tredennick begins by explaining the three elements of TAR: teaching the computer algorithm, the algorithm orders review documents by estimated relevance, the lawyers decide what to do when the algorithm presents no more relevant documents. In other words, the computer algorithm continues to learn which documents are relevant to the case based on the current reviewers, and puts potentially important ones on the top of the pile, as it were. Tune in to hear Tredennick describe how this works using a Pandora metaphor, explain each project’s process, and discuss the increased effectiveness of what he termed TAR 2.0.
John Tredennick is CEO of Catalyst Repository Systems, which offers the world’s fastest and most powerful document repositories for large-scale discovery and regulatory compliance. Before founding Catalyst, he spent over twenty years as a nationally-known trial lawyer and litigation partner at a major national firm. He is the author or editor of five legal technology books including his latest, “Tar for Smart People,” which he co-authored with Bob Ambrogi.