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Wednesday, July 25, 2007

Legal Blog Watch

Legal Blog Watch

Building Relationships to Build Business -- and Using Facebook to Do It

Lawyer-client intimacy sounds like something forbidden or inappropriate. But the kind of lawyer-client intimacy that Arnie Herz discusses in this post at Legal Sanity is anything but: Herz suggests that lawyers should try to forge a personal bond with clients as a way to build a healthy, lasting and trusted relationship. He writes:

As I've noted before, and as Keith Ferrazzi points out in his bestselling book, Never Eat Alone, many people shy away from the idea that intimacy is key to successful business relationships. By intimacy I'm referring to a willingness to get to know the human being behind the issue or need that comes across our desk (or the airplane call button). It's basically the same kind of intimacy that fuels healthy connections to family and friends. Many lawyers find it hard to drop the mantle of authority and really get to know their clients as human beings who have fears, hopes and challenges. But, this kind of sincere human-to-human exchange is what compels prospects to become clients and compels clients to stay with us and refer us more business.

Interestingly, Herz's post on lawyer-client intimacy coincides with blog posts by Kevin O'Keefe and Ernie the Attorney about Facebook. Traditionally viewed as a social community, more professionals are turning to Facebook to connect with each other, O'Keefe writeshere:

Facebook should not be dismissed as some web site or social community where our kids hang out. Not only am I seeing a growing number of innovative lawyers and business people networking via Facebook, but Facebook is also adding an executive team that ain't joining to keep things as is.
The Wall Street Journal reports (sub req'ed) this morning the latest to join Facebook is CFO Gideon Yu, formerly with Google's YouTube.  Mr. Yu's appointment follows the hiring this month of Chamath Palihapitiya, an investor for the Mayfield Fund LP venture-capital firm, as vice president of product marketing and operations. Blake Ross and Joe Hewitt, co-founders of open-source Web browser Mozilla Firefox, are joining Facebook as part of its acquisition of their Parakey startup.

Ernie Svenson compares the differences in the more whimsical Facebook and the serious networking tool Linked In in this in this post:

I think that the differences between Facebook and LinkedIn reflect a similar sensibility in the world of online marketing or networking.  It's important to have a professional appearance, and LinkedIn is wonderful in that regard. But, it's also important to show a more human side.  People like to deal with people they feel comfortable with.  Professional networks emphasize one's professional skills.  Social networks like Facebook emphasize the personal touches.  I've known Marty Schwimmer for many years.  I've read his blog for 5 years, and I trade emails with him regularly.  I know a lot about Marty.  But I didn't know, until he became a "Facebook friend" that he was taking bass guitar lessons.  Or at least that's what his 'status page' said last Saturday.  Maybe he was kidding but that's okay too.

Looking for ways to build connections with other lawyers and potential clients is a win-win for all. As Ernie points out, "people like to deal with people they feel comfortable with" -- which means that building connections can help make money. And more importantly, even if you don't get that new client or account, if you've built a relationship with a prospect, at least you can feel that you've come away with a new friend even if you didn't win the business. And that kind of consolation prize helps make marketing and even rejection more palatable.

Posted by Carolyn Elefant on July 25, 2007 at 04:26 PM | Permalink | Comments (0)

Saludos
Rodrigo González Fernández
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com

Dispatches from the new world of work

Dispatches from the new world of work

A Company Gets It

We know that the women's market is booming and that many haven't taken full advantage of this market. Not so Harley-Davidson. They've noticed that there is a huge market of women who are buying motorcycles—about 100,00 a year. As stated in the New York Times today, "'Fifty percent of the population is female and there is pent-up demand,' said James L. Ziemer, Harley-Davidson's chief executive. 'We need to remove barriers.'"

Companies that remove the barriers and recognize the power of women buyers can cash in on a great market, but I think Tom's been saying that for awhile now.

How does your company take advantage of today's key markets, boomers/geezers and women??

Val Willis posted this today.

FOR MORE INFORMATION: http://www.tompeters.com/

Saludos
Rodrigo González Fernádez
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com

Law.com Home Legal Blog Watch Home About The Bloggers

Law.com Home Legal Blog Watch Home About The Bloggers
Legal Blog Watch

Poverty as a Defense to Crime

At Crime & Federalism, Mike Cernovich asks whether poverty should be a mitigating factor in criminal sentencing. He cites new research suggesting a link between lead poisoning and criminal behavior and another study showing a link between diet and criminality -- specifically, that people who eat diets low in essential fatty acids are more likely to commit crimes.

Given that children do not choose to live in lead-paint-tainted homes or to eat diets low in essential nutrients, what does this say if those children grow up to commit crimes? If someone slips a drug into your drink and you do something wrong, Cernovich notes, your involuntary intoxication is a mitigating factor at sentencing. Should not the same be true for children involuntarily intoxicated by lead or poor nutrition? As Cernovich puts it:

"Given that poor children are the ones who were most-frequently exposed to lead paint and the ones most likely denied essential nutrients, does it make sense to have a general poverty-as-mitigating-sentencing factor?"

And shouldn't schools be required to serve nutritious food in order to vaccinate children from certain crimes?

Posted by Robert J. Ambrogi on July 24, 2007 at 01:04 PM | Permalink | Comments (0)

What Is a Blog?

In posts here and here, I've attempted to identify the first legal blogger. In response, I have received e-mails from several bloggers suggesting either themselves or others as possibly the first. These e-mails highlight the primary problem with identifying the first legal blogger -- first you must define "blog." Two of the e-mails I received warrant mention, because they are both from people who have been active in publishing online for the legal community since the earliest days of the Web and who are both highly regarded for their work.

The first came from Bruce W. Marcus, a veteran legal marketing consultant who in 1994 went online with his newsletter, The Marcus Letter on Professional Services Marketing. He wrote, in part:

"The earliest blog serving the legal profession? The Marcus Letter on Professional Services Marketing went online in 1994, following several years when it was published in hard copy. It sprung from my first book on marketing professional services, in 1982. It offered some of the earliest advice in marketing and managing law firms -- as it does today-- and in analyzing the ramifications of the legal profession. Many articles have been reprinted elsewhere, frequently."

The other e-mail that warrants a mention was from Sabrina Pacifici, who writes the blog beSpacific and who, in 1996, founded the Web journal LLRX.com. She points to an LLRX.com feature called Newstand, which made its debut in January 1997 and continued to run monthly. Here is how LLRX.com described this feature:

"In this column, we list selected articles from computer-oriented publications, such as Database, Online, PC World, PC Computing, Internet World, PC Magazine & Searcher as well as business magazines such as Forbes, Fortune & BusinessWeek. If you come across an article of interest that is not on our list, please choose 'Add Comments' at the bottom of this page, and tell us about it. All citations will be archived in the Library one month after posting."

Thus, well before the word "blog" was over coined, both Marcus and Pacifici had created Web pages that featured regularly updated content of interest to the legal profession. Which begs the question, what is a blog? I put that to Pacifici, and here was her response:

"Regularly posting current, topical material to the community, on law and technology related issues -- free, unsponsored, unbiased, independent. In any case, it predated 'blogs' per say, and fits the definition of regularly updated content. And since I am the only one, I think, who has been continually publishing on these topics to this community for 10+ yrs, it may merit a mention."

I don't know if anyone has heaped as much praise on LLRX.com over the years as I have. I have given it top rating in my book, The Essential Guide to the Best and Worst Legal Sites on the Web, and it was regularly selected as one of the "Best of the Web for Lawyers" in my former newsletter legal.online, as this March 1999 column of mine shows. But by that definition, I predated LLRX, since I have been posting my monthly column online since March 1995. I do not mean to take away from either Marcus or Pacifici their well-deserved status as trailblazers and innovators. I have the highest regard for the work of both, and they each deserve prominent places in the legal-Web history books. In my opinion, however, they were both publishing newsletters or e-zines online, not blogs, when they launched their respective features in 1994 and 1997. What's the difference? I'm not sure. Maybe it's frequency, maybe its intent. But for now I'm sticking with my original choice for first legal blog.

Posted by Robert J. Ambrogi on July 24, 2007 at 01:02 PM | Permalink | Comments (0)

Saludos
Rodrigo González Fernádez
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com

Sunday, July 22, 2007

Welcome to Japan"? Kurdish refugee family leaves for Canada'

Welcome to Japan"? Kurdish refugee family leaves for Canada'
by Hanako Tokita

Few people outside of Japan are aware of the dismal record of this country's treatment of refugees, particularly its treatment of Kurdish refugees. Few Japanese are even aware of policy in this area, given how little it is covered in the mainstream news. And yet Japan stands as most probably the only advanced country in the world not to have accepted a single Kurdish refugee out of hundreds of desperate applicants, despite the persecution Kurds routinely receive in countries such as Turkey, Iran, and Iraq.

Erdal Dogan and his family have learned first-hand things about Japanese policy that most Japanese people themselves do not themselves even know. Erdal arrived in Japan for the first time in 1999, fleeing ethnic and religious persecution in Turkey. He was joined by his wife Meryem and his brother Deniz in 2000, and his daughter Merve arrived two years later. His son Mehmet was born in Japan.

Erdal's family's application for refugee status was twice refused, and Erdal eventually ended up in detention, his family left to fend for themselves. Desperate and out of options, Erdal went on a 60-day hunger strike in 2003, to little avail.

After many years of hardship, sit-ins, and protests -- and after having been repeatedly back-stabbed by a government they originally hoped would help them -- the Dogan family finally received some good news this month: their application for refugee status in Canada was accepted.


The Dogan Family at Narita airport - photo by Shu Kaori/周香織

Blogger Shu Kaori is a photographer and longtime supporter of the Dogan family. She has published a book about the family, with a focus on the daughter Merve Dogan, entitled My neighboring friend, Little Merve - Two Kurdish refugee families I met. In her blog post on July 10th, she described her experience seeing the Dogan family off at Narita airport:


今日はエルダルさん一家がカナダに旅立つ日です。


Today is the day that Erdal's family will set off for Canada.



お仕事は半休を頂いて、午後は成田空港までエルダルさんたちのお見送りに行ってきました。
「YOKOSO!JAPAN (ようこそ!日本)」のロゴがあちこちに貼ってある空港の中を、出発ロビーに向かいました。
30人ほどの支援者がエルダルさんたちを囲み、ロビーで別れを惜しんでいました。TBSさんと日本テレビさんも取材に来て下さいました。


I had a half-day off from work, and in the afternoon I went to Narita airport to see --- and his family off.
I headed to the lobby of the airport, where "YOKOSO! JAPAN" [Welcome to Japan!] logos were posted all over the place.
Over 30 supporters surrounded Erdal in the lobby, saying their sad goodbyes. Crews from TBS and Nippon Television had also come to cover the event.



お別れの時間が近づくと、エルダルさんは見送りにきた人、一人一人にお礼を言い、握手をしていきました。私はちょっと離れてその様子を見ていましたが、今まであったいろいろなことを思い出してきて、隅でだらだら涙を流していると、エルダルさんがやってきて、「泣いてはだめですよ」と声を掛けてくれました。「別に私、泣いてないです」と答えてエルダルさんを見ると、エルダルさんも目が赤くなっていたので「あなたも泣いてるじゃないですか」と言うと「いや、泣いてないですよ」と言ったので、二人でちょっと笑いました。クルドの家族は、私が辛いシーンに立ち会ってめそめそしていると、いつでも「泣いちゃだめですよ」と言って、私を叱咤激励してくれます。


As the departure time approached, the people who had come to see Erdal off thanked him and shook his hand. I was watching all this from a bit further away, remembering the various things that had happened up until that point, and I started crying in the corner [of the room]. Erdal came over and said to me: "Please don't cry." He said to me: "I'm not crying," but I looked at him and I could see that his eyes had become red. I said to him: "You are crying too, aren't you?" but he replied: "No, I'm not crying," and so we both laughed a bit. Whenever I would witness a painful scene and start to cry, the family would always tell me: "Don't cry!" and send me words of encouragement.




「周さん、これからも難民のために頑張ってください」エルダルさんはそう言って、握手をしてくれました。


Erdal said to me: "Shu-san, please don't give up [on your work with] the refugees," and shook my hand.



搭乗口向かう最後の時、エルダルさんは「皆さん、今まで本当にありがとうございました。皆さんのお陰で、ドーガン一家はカナダで幸せになります。本当にありがとうございました!」と言って、手を振りながらゲートに入っていきました。


Just at the last moment, as he was going to board the plane, Erdal said: "Everybody, thank you so much. Thanks to all of you, the Dogan family will find happiness in Canada. Thank you very very much!" He waved goodbye as he boarded the gate [to the plane].



この空港に貼ってある「ようこそ!日本」とは、一体、誰に向けられた言葉なのか。
お金持ちの観光客か、ビジネスマンか、外国人タレントか。少なくとも、難民には向けられていないと思います。
表面上は豊かで平和な美しい日本。
でもそれはうわべだけのことで、少し中をめくってみれば、難民の人の命懸けの、そしてほんのささやかな願いさえ叶えてくれない、冷たい国だということを知りました。


This banner "Yokoso! Japan" [Welcome to Japan] that you see at the airport, who are these words for?
Rich tourists or business people or foreign talent? In any case I don't think it's for refugees.
A country that seems prosperous and peaceful on the face of it - Japan.
However, this is just a facade. When I dug a little deeper, I saw that refugees were not granted even their simple wishes, wishes upon which their life depends, and I realized that this is a cruel country.



それを気付かせてくれたのは、難民の人たちでした。
ある夏に国連前で座り込みをしたクルド人の家族がいて、それを支援した日本の人たちがいて、そしてその結果、その難民の人たちの運命を少しだけでも良いほうにずらすことができたのは、紛れもない事実です。
私にできることは微々たるものですし、今の難民政策を変えるには、まだ時間がかかると思います。
ですが、その可能性がある限り、私は難民の支援を続けたいと思います。


It was the [plight of the] refugees that made me realize this.
It is an unmistakable fact that there were Kurdish families who sat in front of the UN one summer, and there were Japanese people who supported them, and as a result their fate was improved a bit.
I can only do very little, and I think it will take a long time to change the refugee policy.
However, as long as there is the possibility, I want to continue supporting the refugees.



これからもどうぞよろしくお願い致します。


From here on, I will do what I can.



Erdal's daughter Merve - photo by Shu Kaori/周香織

Blogger haredasu writes about Erdal and his family:


 どうしてですか?

 トルコで難民として迫害を受け、救いを求めて、
日本に来てまで、何故こんな仕打ちを受けなければ
いけないのでしょうか?
 人道的な問題ではないのでしょうか?


Why?

They were persecuted as refugees in Turkey, sought help, and came to Japan. Why should they still be treated this way?
Isn't this a humanitarian issue?



 結局、日本では認定されず、カナダが難民として認定。
 日本にはいられず、知る人が誰もいない、言葉も話せないかも
知れない、カナダに渡って行きました。

 日本は、好きなのに、、でも、と、言いながら、

 この人たちは、今後、日本について、どう思うようになるので
しょうか?


After all, Japan did not recognize them as refugees but Canada recognized them as refugees.
They could not remain in Japan, and they left for Canada, where they don't know anyone and they may not know the language.
They left, saying "we liked Japan...but...".
What will they think about Japan in the future?



 国際化とか、国際貢献とか、
日本政府の人たちは、どう考えているのでしょうか?

 すごく考えさせられました。

 難民問題については、恥ずかしいことですが、
よく知りませんでした。


About [Japan's] internationalization or international contribution,
what do the Japanese government officials think about these things?
This made me think.
It is a shame that I don't know much about these refugee issues.




 このニュースを見ていて思ったことは、
なんと、日本という国は、冷たい国、
世界に対して、恥ずかしい国だったのかと、

 どうしてこんなことができるのかと思う。

 恥ずかしい限りです。



What I was thinking as I watched the news is how cold and shameful this country Japan is, in the eyes of the world, that it could do something like this.
I am just so ashamed.



You may view the latest post at
http://www.globalvoicesonline.org/2007/07/22/welcome-to-japan-kurdish-refugee-family-leaves-for-canada/

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Saludos
Rodrigo González Fernádez
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com

Friday, July 20, 2007

turbinas eolicas

Meet the companies tackling nine of humanity's biggest problems -- and making millions saving us from ourselves.
Problem #1: Global Warming
Problem #1: Global Warming
The background: Carbon dioxide makes up nearly 80 percent of all greenhouse gases. More than a quarter of that CO2 comes from electrical power plants.

The solution: Wind power, thanks to recent breakthroughs in turbine and transmission technology; it's also 70 percent cheaper than solar power. In May, Dublin-based Airtricity, the world's fastest-growing wind developer, announced plans for a European supergrid - a network of 2,000 offshore wind turbines in the North Atlantic. The grid would initially supply 10,000 megawatts to 8 million homes.

The payoff: Founded just seven years ago, Airtricity is on track to bring in $657 million in revenue by 2010. The company operates 16 wind farms in the United States, the United Kingdom, and Ireland.

The opportunity: Airtricity is already lobbying for government approvals. But there's opportunity for other wind producers to start banding together, since scale is what's needed most to lift wind out of the "alternative" market.
Saludos
Rodrigo González Fernádez
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com
www.lobbyingchile.blogspot.com
www.biocombustibles.blogspot.com

Thursday, July 19, 2007

Legal Blog Watch

Legal Blog Watch

Law Firm's 'Chow for Charity' Program: Scraps for the Poor or Meaningful Charity?

Of course, we all know that there's no such thing as a free lunch -- especially if you're a summer associate at Simpson Thacher, with a $60 expense account for lunch and an option to limit yourself to a $15 lunch and give the remaining $45 to legal aid. In that situation, your free lunch isn't free; instead, it's a veritable microcosm for everything that's wrong with charity in America, as Daniel Gross writes in this provocative article, Fifteen Dollars' Worth of Smug: What a New York law firm's charity-lunch program reveals about America (Slate, 7/17/07).

Gross profiles the Simpson Thacher Chow for Charity program, where summer associates can elect not to enjoy a $60 per person lunch with a firm lawyer. Instead, if they choose to eat with the lawyer at a more down-scale joint and spend $15 or less each, the firm will donate the difference ($45 per person) to a nonprofit legal group like Legal Aid. Gross points out that the program reflects a number of important trends, including (1) A Touch of Conscience (where most companies pay lip service to concerns like global warming or poverty); (2) The New Guilded Age (where fat and happy law firms think nothing of the absurdity of giving students a $60 allowance for lunch); (3) Defining Public Service Down (a situation where most people claim interest in community service but don't want the lower incomes that go with it, so they find a win-win situation like doing pro bono at a large firm); and (4)  It's Good To Be the King (describing how partners set priorities and realize that the $15 lunch is quicker and gets associates back to billing more quickly and spares partners from socializing). 

PG at Blog de novo comments that Gross' economics are skewed -- because parnters aren't really king of the hill. The post comments that in comparison with those in the investment industry, partners at firms are really like day laborers rather than capitalist owners. PG has it part right -- law firm partners aren't owners of capital, but they think they are, which perhaps makes their situation even more unfortunate. But it doesn't refute Gross' main point, which is that the Chow for Charity lunch is a partner-driven concept, not something arrived at by consensus with associates or the bar associations.

Nuts and Boalts says that Gross completely misses the point in his piece and takes us through a play-by-play response. N&B believes that any money that the program saves on lunches is a good thing, because the extra goes to charity. Moreover, because associates don't routinely spend $60 per lunch but the firm always pays the $45 difference, N&B points out that the program does cost the firm money. And N&B also says that pro bono at firms isn't ornamental -- but that they peform a substantial amount (for instance, Simpson says it does 50,000 hours of community service each year). 

As for me, I'm on the fence about Gross' post. I do agree with the trends that Gross tracks, and he's certainly right to question law firms' motives and the hypocrisy and snobbery of many of these giving systems. At the same time,  I can't decide if these drawbacks are outweighed by the concommitant results. After all, if students are going to be working at large firms for the summer anyway, why not give them a chance to help generate money for a legal aid group? A $45/day contribution for 10 weeks comes to $2,250 per associate; and if the firm has 50 summer associates, that's $112,000 for a legal aid group (which goes a lot further than using a summer associate to do the work pro bono; $112,000 could hire one, maybe two full-time legal aid staff attorneys). 

Do charity and pro bono have to hurt? Is it only valuable if it entails sacrifice? Who contributes more to pro bono -- the summer associate at Simpson who gives up a lunch or the law student who works for $2,250 for the entire summer at a legal aid group? What's your view?

Posted by Carolyn Elefant on July 19, 2007 at 02:46 PM | Permalink |

Saludos
Rodrigo González Fernádez
Renato Sánchez 3586 of. 10
Telefono: 2084334- 5839786
santiago-Chile
www.consultajuridicachile.blogspot.com

Wednesday, July 18, 2007

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telefono: 2084334- 5839786
santiago-chile
 
Escribanos, consultenos, opine

Tuesday, July 17, 2007

from Law.com Home Legal Blog Watch Home About The Bloggers

Law.com Home Legal Blog Watch Home About The Bloggers
Legal Blog Watch

Judge Dismisses KPMG Indictments

Yesterday, federal district Judge Lewis Kaplan dismissed charges against 13 defendants in a large criminal tax shelter action, finding that the pressure that government prosecutors placed on the defendants' employer KPMG to cut off legal funds violated the defendants' constitutional right to counsel  (Charges Dropped Against 13 in KMPG Case, NYT, 7/16/07). As this post from the Blog of the Legal Times notes, the judge didn't mince words about who was to blame for the dismissal:

[The prosecutors' actions] foreclosed these defendants from presenting the defenses they wished to present and, in some cases, even deprived them of counsel of their choice. This is intolerable in a society that holds itself out to the world as a paragon of justice. The responsibility for the dismissal of this indictment as to thirteen defendants lies with the government."

Peter Lattman summarizes the history of the case and the legal issues in this WSJ Blog Post.

Tom Kirkendall's post at Houston's Clear Thinkers offers more choice tidbits from Judge Kaplan's decision. And Ellen Pogdor discusses some of the implications of the judge's decision at White Collar Crime Blog. Among her comments:

And more importantly, now the court is not only dismissing the matter on the basis of  its prior conclusion, but is additionally finding that the prosecutor's conduct "shocks the conscience in the constitutional sense."  This is definitely more detrimental to the prosecution should they decide to appeal.

But professor Ribstein worries that the decision dismissing the indictments may have worse consequences for the defendants than if they'd have been convicted. From this post:

Dismissing the 13 indictments ironically is good for the government because it lets them appeal the dismissals rather than suffering likely reversal even if they were able to prove guilt. It therefore exposes these defendants to still more hardship and uncertainty at the hands of prosecutors whose conduct Judge Kaplan has deemed "intolerable."  And all this in a case in which it was hardly clear the defendants had done anything illegal, or at least that justified a criminal sanction.

As a lawyer, I'd rather lose a hard-fought case on the merits than win by luck or unfair bias. Why don't prosecutors feel the same way?

Posted by Carolyn Elefant on July 17, 2007 at 04:19 PM | Permalink | Comments (0)

D.C. Judge Rejects Jury Pool for Want of Diversity

This past Sunday, the Washington Post reported about how  D.C. Superior Court judges are responding to concerns about jury diversity. Surprisingly, the story -- which raises important questions such as the meaning of the Constitutional requirement that a jury reflect a cross section of the community or whether a nondiverse jury will produce biased results  --  hasn't attracted much discussion in the law blogs.   

According to the Post story, back in the spring, D.C. Superior Court Judge Neal Kravitz sent back a pool of 70 prospective jurors because the racial composition of the group -- 61 whites, eight blacks and one Asian -- didn't align with the racial and economic population within the District. The District of Columbia is 80 percent African American, though demographic studies show that more whites are moving into the city.

There isn't much data available on how the court locates and calls District residents potentially eligible for jury service. Thus,  lawyers from the public defender service have been asking judges to allow them to examine court data on jury pools -- and this month, D.C. Superior Court Judge Boasberg ruled that the defense is entitled to information about how jurors are identified and summoned. The Public Defender's Office is hopeful that access to this date will help identify "problematic patterns." 

Legally, the composition of the jury does not need to match the exact racial composition of the forum jurisdiction. But as this post from Diversity.Inc queries, What does [D.C.'s recent action] mean for districts across the country where jury pools don't match demographics? Are all-white juries biased?

Posted by Carolyn Elefant on July 17, 2007 at 03:55 PM | Permalink | Comments (0)

Large Firms Should Job-Share for Work-Life Balance

With lawyers working 60- to 80-hour weeks, there's enough work for two lawyers rather than one. And that's why Deborah Epstein Harry, founder of FlexTime Lawyers, proposes that large firms implement job sharing for lawyers, as she describes in this article, highlighted at Counsel to Counsel. Epstein Harry writes that with job sharing, each lawyer could work part of the week, with a day of overlap and weekend time negotiated between the two lawyers sharing the job.

The solution seems so obvious that I don't quite understand why job sharing isn't more pervasive at law firms. Any ideas?

Posted by Carolyn Elefant on July 17, 2007 at 03:40 PM | Permalink | Comments (0)

Are More Firms Using Macs? An Update One Year Later

Nearly a year ago at this blog, I asked, why aren't more law firms using Macs? The question generated a good deal of discussion: Most commenters praised the advantages of Macs over PCs; others reasoned that Macs hadn't gained more traction in the legal profession because law schools push PC technology, and bar associations haven't done more to educate lawyers about Macs' ability to protect client data from viruses.

Now, a year later, it seems that perhaps the tide is turning towards Macs. I myself have crossed over the line, after I found myself rebooting my creaky PC at least seven times a day. And as Mac Lawyer Ben Stevens writes in this recent post (7/16/07), Macs continue to gain traction in the legal profession, a trend that may accelerate now that Microsoft has introduced a new operating system. Citing this article from Lawyers Weekly, Stevens predicts:

And this year might not be business as usual for law IT departments. Many PC users must switch to a new computer operating system within the next two years. Unlike previous transition periods, there may be competition this time for Vista, the successor to Microsoft's market-leading Windows XP operating system. And the most user-friendly challenge comes from Apple Inc.'s Macintosh line.

So, now what do you think about moving to a Mac?

Posted by Carolyn Elefant on July 17, 2007 at 03:38 PM | Permalink | Comments (0)


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Sunday, July 15, 2007

Legal Blog Watch

Legal Blog Watch

Issue Spotting the Whole Foods CEO's Pseudonymous Online Life

With the bar exam just around the corner, it's probably too late to add this doozy of a fact pattern about John Mackey, the co-founder of Whole Foods who had an online pseudonym -- Rahodeb -- under which he posted 1,100 entries on Yahoo Finance's bulletin board touting his company's stock and also criticizing Wild Oats Markets, a rival that his company went on to buy. Mackey's postings were made over a seven-year period - - and apparently, intervening events like the prosecution of Enron honchos for making false statements never made any impression. 

So, what's wrong with this picture? Steve Bainbridge takes a stab at some of the issues in need of analysis in this post:

1. Did any of the posts contain material misrepresentations or omissions that might constitute securities (or wire) fraud?
   2. Did any of the posts contain libelous statements?
   3. If the answer to either of the above is yes, can legal responsibility for such statements be attributed to the company?
   4. What impact will this have on the merger? Note the stakeholders potentially affected: The FTC, the DOJ, Wild Oat's board and top management, Wild Oat's shareholders, Whole Foods' shareholders.
   5. Your very high profile CEO is now a laughingstock. E.g., one Yahoo board poster wrote: "What a hoot! It's so Nixonian! Maybe he needs some animal fat in his diet. I've known vegans who suffered from teeth and gum disease; now we know a vegan who's suffering from 'foot-in-mouth' disease.

In this post at Law Biz Blog, Ed Poll mentions some of the same issues as Professor Bainbridge, as well as one "of even greater significance":

Whole Foods has portrayed itself as, ethical, honest and concerned primarily about the well-being of its customers. As one analyst opined, the company probably has enough "points in the emotional bank" to weather this storm but this maelstrom certainly chips away at their reputation and our confidence in them.

And finally, we have this take  from the Insurance Coverage Blog:

This bizarre story [about Mackey] is a reminder for insurers to redouble their sensitivity to Internet-related risks.  Additionally, it is also a reminder to carefully police their own employees' Internet activity.  Even the bright, sophisticated, and successful fail sometimes to exercise good judgment online.

Posted by Carolyn Elefant on July 13, 2007 at 04:11 PM | Permalink | Comments (0)

Spam Filter Causes Lawyer to Miss Court Date

After having relied on the often unreliable postal service in Washington D.C. and slow mail filtering in my office building (often delaying delivery by up to a week), the availability of e-filing in the firm where I practice was huge cause for celebration. But perhaps I rejoiced too soon. Because after reading this horror story, Spam filter costs lawyers their day in court (Washington Post, 7/13/07), I've realized that not even my beloved e-filing systems are impervious to error.

As the article reports, a Colorado law firm that was being bombarded with pornographic and offensive spam directed its IT administrator to fix the problem. He changed the firm's firewall settings to block spam from reaching desktop computers. But because the administrator failed to "whitelist" certain permissible mail, the system also began blocking e-mail from the U.S. District Court for the District of Colorado. And wouldn't you know it -- the day that the spam settings were changed, the court sent the firm notice of a hearing in a civil lawsuit. The system blocked the message, the firm missed the hearing and the judge ordered the firm to pay attorney fees and expenses of the lawyers who showed up. 

This post at Spam Notes.com criticized the court's sanction as excessive. From the post:

The firewall software was installed on May 21, 2007 the same day the court issued the initial Minute Order.  The court seems to go through an awful lot of trouble to prove its point (e.g., calling the IT administrator as a witness, examining the firewall log).  The court even seemed peeved that some other courts were whitelisted but it was not [writing that] as of the date of this hearing on June 20, 2007, Mr. Rea still had not whitelisted this court's domain name even though he previously whitelisted the court domain names of the Colorado State Courts prior to May 21, 2007. . . . See Barracuda Spam Firewall log sheets attached to Mr. Rea's affidavit which shows e-mails from Colorado State Courts were not blocked because they were whitelisted (docket no. 137-2)

Meanwhile, Jim Calloway offers solutions on  how firms can avoid this problem in the future. Calloway advises:

OK, here's a law practice tip you can take to the bank, folks. if you practice in any CM/ECF court, your spam filter needs to have a whitelist feature and you need to use it for every court that may send you an e-mail notice. Like it or not, once you have "agreed" to receive notices via e-mail, you just can't plead "my spam filter ate my homework." If your spam filter cannot do that, then you need a new one. Sometimes it might be as simple as adding a sender's address to your contacts to get it whitelisted.  I'm not saying it will be that easy for everyone. I about blew a gasket the other day when my spam filter told me there was a limit of 250 and I had to delete someone to be able to add someone. But you don't have a choice. The argument that it is too big a burden to manually maintain a whitelist was not persuasive to this judge nor will it be to others.

Posted by Carolyn Elefant on July 13, 2007 at 04:07 PM | Permalink | Comments (0)

Outsourcing Expert Witnesses?

Medical expert testimony for litigation doesn't come cheap in the United States, with expert fees costing as much as $1,000 an hour. But now, lawyers have found that they can solve the problem of high expert costs in the same way that they deal with other high costs: through outsourcing and offshoring. As this article states, US Lawyer Finds Medical Experts in India (7/12/07), U.S. lawyer Dorothy Clay Sims has started using medical experts in India for help in legal cases:

Sims has reduced [medical expert costs] by hiring medical experts in India for a fraction of the price, and she makes the service available to other American lawyers through an Internet-based business called MD in a Box. The U.S. lawyers pay $90 an hour for the medical consulting.  The process works through a real-time link to an Indian doctor by computer. Sims describes a typical case in which a U.S. orthopedic surgeon disputes her client's claims in an American courtroom.

"I have my computer with me, and my doctor in India is listening to the orthopedic surgeon the whole time, through a microphone plugged into my laptop," said Dorothy Clay Sims. "He is then sending me instant messages saying, "that is not true. It is actually such and such or so and so." And I look down at my screen and I will just say exactly what the doctor said from India."

Offshoring medical consulting sounds like a great idea. At a minimum, the availability of lower-cost service could perhaps introduce some competition to the expert industry and put a little downward pressure on rates. And low-cost medical testimony up front could give lawyers more information early on about the viability of case, perhaps leading to early settlements. Of course, there are also  practical hurdles. For example,  would you videotape a deposition with the doctor -- or could you outsource the entire deposition process to lawyers in India? And I guess you'd have to submit the video deposition in court. 

For a round-up of recent IT outsourcing developments by firm, see this post by Ron Friedmann.
 

Posted by Carolyn Elefant on July 13, 2007 at 04:05 PM | Permalink | Comments (0)


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santiago-chile
 
Escribanos, consultenos, opine