Twittering Away Court Procedures

September 28, 2009

This article continues the recent trend of revealing the reaction to jurors who participate in Social Media during trials. While most people follow the court’s instructions to not discuss an ongoing trial it seems that some jurors may not understand that social media discussions constitute a conversation.

I suspect that the lack of quantitative analysis on mistrials and overturned decisions due to improper participation by jurors and attorneys alike in the social media world will soon be overcome.  The anecdotal stories are causing enough of a stir to prompt bar associations to consider  guidelines and provide updates and education on the topic of web based interactions.

Sure, the laws and regulations are slow to catch up but the wait time is a lot shorter.  This issue is an important one that attorneys and law firms must be aware of and plan for strategically.  Advantages exists when social media is applied appropriately.  This application can range from trial techniques and the questioning of proper procedures to business development and marketing.

There are dangers.  Using social media as a communication tool is not necessarily advisable but using it as an investigative tool should be considered part of your due diligence within the ethical practice of law boundaries.

Judges, attorneys must take responsibility to inform jurors of proper actions in the social media as related to the cases they are hearing.  If not, problems will multiply because stopping the flow of social media information is next to impossible.

Constance Ard September 28, 2009

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Social Networking in Rural Areas

September 25, 2009

Earlier this week I did a presentation in a more rural area of my home state related to social media.

The presentation has been done in a few other areas of the state and I felt the crowd while maybe not wholly engaged was at least somewhat listening and understanding what was being said.  That wasn’t the case in this audience of rural area dwellers.

When asking the questions about how many have MySpace or Facebook or otherwise engage in the world of social media, the hands up were fewer than expected.

The blank eyes gazing back at me when I talked about applying social media strategically in both a research and business procedure manner was shocking.

I guess what I’m trying to get at here is that we mustn’t forget that while Social Media may be old hat to geeks like me, not everyone understands it and despite the millions of Facebook users there are millions more who do not update their status and live and breathe mobile technology that keeps them connected with their social network.

Lesson learned: never anticipate that your audience knows what you are talking about and always be ready to adjust your presentations to get them to a comfortable level that allows them to get something for their time, effort and money.

Constance Ard September 25, 2009

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Educating Information Users on Verification and Validity

September 24, 2009

I’ve been thinking a bit about he role of librarians in educating information users.  As you all know, we operate in an interactive global information environment.  Information is everywhere and not every one who finds it realizes the ease of adding information to the world wide web and the nature of that information.

The things I learned from Ms. Garner and Ms. Roy in elementary school library skills classes have stood me well.  Now I can’t remember exactly where and when I needed to use the “right” sources but I knew that the library would always guide me to the “right” sources.

Earlier this week I participated in a focus group about the Kentucky Virtual Library and one of my fellow participants spent some time discussing the ideas around how K-12 students learn how to use online sources.  The curriculum is there for some source verification but is it enough.

From the other end of the spectrum, librarians that support information workers in the corporate world are still educating users about finding and relying on information from verifiable reliable sources.  I remember a particular instance where all the librarians I was working with got on the same soapbox at the same time when we realized that some shoddy research and shoddy sources were being used on a major project.  We immediately took up the mantle of educating that researcher on the difference between good information and information that bored and angry Joe the construction worker can upload and tout as correct.

Educating end-users will always be a part of the knowledge workplace.  I just think that the right curriculum repeated throughout the formal education process just gives the work-place educator a stronger foundation to build upon. 

Savvy users and information professionals will always struggle against the idea that what you find easily is the best and only source out there.  Basic skills are the only weapons that can be used to disarm this reliance on keyword searching and retrieval of optimized for search engine content. 

Constance Ard September 24, 2009

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More Press for PACER Petition and Zakta

September 23, 2009

Being a librarian I tend towards collecting and disseminating information that I think will be useful or of interest to my clients.  I did this when I worked at the law firm and it’s one of the activities that I don’t get to indulge in as much as I used to.  So bear with me gentle reader as I “share” information about some of my past blog topics and snippets of things I think you might find interesting.  Pretend its your very own, undefined special delivery news alert.

Social networking meets law students:  Networking tools aimed at the law school demographic are described here.

FastCase is now available to members of the Oregon Bar.  See the news story here.

It looks like the PACER petition got its required signatures and has been submitted to the powers that be.  Read more about it here.

Zakta.com that interesting new search engine that I mentioned last week has a further analysis from social media guru Jason Falls.

Constance Ard September 23, 2009

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Malleson’s Connect – An Exercise in Client Service

September 22, 2009

Are Law Firms Ready for Transparency? an article by V. Mary Abraham published September 12, 2009 on LLRX.com describes an innovation in client communication and work product.

Transparency is one of those stock business phrases that seems to answer customer clamoring and digital expectations.  Technology can take transparency from the wish list to the implementation schedule.

Extranets have been a client service offering in large law firms for quite some time.  They have operated, similarly to CRM in law firms, in a black hole of interactiveness. This Connect tool takes extranets from the  black hole of Web 1.0 to a Web 3.0 web service.

I was impressed by a few key things in the description of Malleson’s Connect tool.Connecting Bright Ideas

  1. The tool was developed, shared with the clients and re-done in collaboration with clients.
  2. An emphasis has been given to real-time updates.
  3. With Work-in-Progress discussions Malleson’s has set expectations.

The success of this client services  tool can probably be attributed to the realistic expectations (technology does have limits) and clearly defined expectations.

Law firms are shaking the tree of business processes and embracing the tools and nature of today’s dynamic, collaborative, interactive technology.  Will all firms embrace tools that provide their clients with insider information about the work being done?  Some will, others won’t and the majority will probably pick and choose the information that they expose. Is that different from any other business?  Probably not.

The wisdom in using technology to connect with clients in an open manner really comes down to business values.  Working with a client, instead of for a client certainly makes it harder to break relations.  Innovative firms will benefit from a broad view of how technology and a shift in business practices will improve client services and build customer loyalty and satisfaction.

Of course excellence will be the deciding factor in that client satisfaction.  If you open the view into your work, be sure that within the limits and expectations you define, your work is of the high quality your clients pay for.  Otherwise, you’ve shot yourself in the foot while loading the gun.

Constance Ard September 22, 2009

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Martindale-Hubbell Connected

September 21, 2009

After this weekend’s interest in my post about Martindale-Hubbell listings and the comment made by M-H interests I thought M-H Connected warranted a bit of attention on my part.  I had this on my radar earlier in the year while it was still a closed network in beta form but it dropped off the screen before it was opened up to the wider community.

Even during my preparation for the Kentucky Law Update 2009 CLE session I have been presenting throughout the state of Kentucky, Connected wasn’t grabbing enough attention.  In the two presentations done thus far out of about 100-125 attendees per session only one person has responded affirmatively when asked if they are a member of M-H Connected.  Thus I don’t feel guilty about not having written about this specialized networking tool.

So this morning I decided to sign-up for an account and do a test run.  The Terms of Use I am happy to say make it very clear that practicing attorneys (which I am not one of) are held to Professional Rules of Conduct.  M-H reserves the right to monitor and prevent postings in the Interactive area and my account was not immediately confirmed.

All of these are positive things when using a tool in the world of law practice.  Since I am not an attorney and I don’t fit most of the ready-made registration categories, I am glad that M-H is manually verifying my right to participate in this closed community.

The closed community aspect of M-H Connected leaves me scratching my head.  Social media is about networking.  There are many tools that have already built strong participants without closing the community.

Martindale-Hubbell Connected very succinctly defines their purpose:

Expand participants professional network.

Get “just-in-time” trusted answers.

Demonstrate thought leadership.

Social NetworkingFor those who have been using social networking tools prior to 2009, this is a bit of a reinvention of the wheel.  Sure, Connected is for legal professionals, but Linked-In offers those same 3 solutions and allows for broader networking.  If legal professionals can only benefit from the advise of other legal professionals, that’s a problem.  I don’t believe any legal professional limits their networking to those of the same likeness, otherwise they have no growth opportunities either for business partnerships, potential clients, business solutions or intellectual engagement.

Now, that being said I don’t think M-H Connected is a bad idea.  In the world of information overload sometimes, it is an advantage to seek information in a focused, selected source. Legal professionals will certainly benefit from that selectiveness offered by M-H Connected.  However, if that’s the only social media tool they are using, they will find themselves as a distinct disadvantage when applying business strategy to the Web 2.0 world of interconnectedness.

Constance Ard September 21, 2009

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Martindale Hubbell Listings An Endangered Species?

September 19, 2009

I follow law-lib, a long time listserv resource for those interested in Law Librarianship.  For the past several years a hot topic for discussion has been the renewals of Martdinale Hubbell Listings for Law Firms.

This week a summary of the latest summary was posted. I find it significant that even within this small set of responses more firms have decided to cancel or are negotiating for more benefits when renewing their listing.

Of the 34 librarians who responded for their firms, 15 have cancelled their listings, five are in the process of deciding whether or not to list, and 14 have retained their listings.

In the golden age of distinguished law firms, Martindale Hubbell listings were a given, the ratings were a powerful marketing tool and the directory was a great tool for finding local counsel.   Now the ratings don’t matter so much and there are many ways to find local counsel.  The given isn’t a given any longer and the cost-benefit analysis is proving that the cost just isn’t worth the investment for more firms each year.

This is not a new occurence but as more firms are giving up their listings, it makes it easier for those firms who benchmark against certain firms to justify the cancellation internally.

Law DigestLaw firms are slow to change business practices and sometimes publishers are slower to see the writing on the wall.  This writing is getting darker each year and alternatives outside of price negotiation might be considered.  Before I left the law firm world, the most useful part of the Martdinale Hubbell directories were the Law Digest.

It was surprising that the print was replaced with a stand-alone CD.  It seemed like we had gone back in legal research methods about 10 years.  Sure its available through LexisNexis but nothing is as handy as pulling the volume and checking the facts.

I don’t know if attorneys haven’t gotten more comfortable with the CD format but I thought that was a less than long-sighted solution.  In my opinion, libraries would purchase the Law Digest in print without the directories.  I hope that Lexis provides solutions that meet customer expectations and still makes them a modest profit.  I don’t think that profit center will be the Martindale-Hubbell lawyer listings but I think they could gain great traction from their Law Digest.

Constance Ard September 19, 2009

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Simple Facts Have Profound Effects on Technology Success

September 18, 2009

Recently I was reviewing some of my news feeds and stumbled across this: Ten Things Library Administrators need to Know about Technology.

What I love about all major projects and innovations is the fact that despite the complexity of the work a few things really can be contributed to success or failure.

While Mr. Tennant focuses on the “stumbling” blocks that make decision makers hesitate I would take his list of 10 things and point out that core issues affect all projects.

  1. Politics is the Key Success Factor (If you can not get the up front buy-in and continued support of key stakeholders and key personnel such as IT Directors and Department managers (no matter the organization) then the new services, new projects and improvements will drown quickly.
  2. People make things succeed, not hardware.  Invest resources to make sure your Key Resource has what they need to succeed.  Frustrating the worker bees with slow processes causes by technology will result in short-cuts, skipped steps and too much work-around and will thus doom the project to fail.
  3. There is always room for improvement.  Following the nursery rhyme advise of “If at first you don’t succeed.”  People are behind technology and people are good but not perfect.  Not offering solutions because it’s not perfect will result in lost interest, low morale and lack of confidence.  Hit the ground and then run forward to the next fix.  Mistakes and failures are inevitable, adjust and improve and the rest will follow.

I like Mr. Tenant’s statements and based upon some of my past projects over the past year, I would say that Administrators in any organization need to remember his 10 things, not just Library Administrators.

Constance Ard September 18, 2009

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Social Media Policies for Law Firms: Protection or Fraction Tools?

September 17, 2009

As my loyal readers know, I’ve been immersed in Social Media world lately with my Kentucky Law Update presentation.  As I gather and peruse information online about the topic I bookmark things I want to spend more time digesting.

This short post on Legal Blog Watch took some time to get back to and despite its brevity makes a significant statement.  I advocate a strong strategic approach to using social media in legal practice: solo or multi-national mega firm, strategy allows you to focus your efforts and not drown in the easy information flow in the 2.0 web world.

A policy about recommendations on Linked-In is a far-sighted policy.  These easy to use tools almost need to come standard with a  fortune-teller and crystal ball so that policies cover the possibilities.

Of course, policies also have to be broad and simple enough to apply easily.  If the strategic policy is too complicated or too long no one will remember everything.  So some suggested simple strategies that might be of benefit to law practitioners that want to maximize their use of social media are provided here.

Fortune Teller

  1. Choose select tools.
  2. Assign responsibility for posting and monitoring.
  3. Policies should consider clients, courts, jurors and internal usage.
  4. A sign-off on the policy should be provided to all employees but should distinguish the personal from the professional clearly

Social media policies are an extension of the Internet Usage agreements that many corporate and law-firm employees are required to follow.  I think that social media policies will become a business process that will allow firms to protect their assets.  The management of law-firms continues to grow in complexity as e-discovery and social technology tools are employed throughout.  Guiding that usage strategically deserves special consideration.

Constance Ard September 16, 2009

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Records Management Policy Enforcement Impacts E-Discovery

September 16, 2009

Business is electronic.  Organizations create, store and retrieve content electronically.  Some are making the best use of records management professionals.  Other organizations are sluggish in applying good records management principles to ESI (electronically stored information.)

A study done by ARMA and Forrester Research described here and available here for purchase, point out some significant trends.  While  it is interesting that technology is used in some aspects of records management but not for all ESI the most interesting finding quoted for me was:

E-Discovery Despite the need for integrating retention management functionality to a broader array of ESI and the critical need to synchronize e-discovery, archiving, and records management applications, in 36 percent of organizations, records management stakeholders are not included in the IT strategic planning process.

This lack of collaboration is a fatal mistake.  Technology used strategically to protect an organization from litigation is a must.  IT plays a key role in administering litigation holds and ESI security.  If records management doesn’t talk with IT the risk of exposed date for e-discovery increases dramatically.

Law firms especially must be collaborative work environments for these two departments.  Not only do they have their own content to manage and protect, but client content must be given the correct protections as well.  As more clients expect to have access to “their” content through extranets and other collaborative tools IT must understand the governing policies of records management and access and records management must understand the technology possibilities and risks.

I haven’t yet had time to research and find a case study of a “best practices” scenario but I will be seeking one.  If you know of one please leave a comment.

This issue of proper ESI management increases in importance daily.  As e-discovery vendors continue to develop solutions organizations must understand the importance of the strategic management of content and that strategy requires collaboration.

Constance Ard Sept. 16, 2009

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