By Eileen Burkhalter Smith 

For those of us who are litigators, a referral from the corporate guy downstairs is great, right?  I have really enjoyed stepping in for a client of one of my corporate colleagues when the client is in a litigation situation.  This referral situation raises some conflict issues, though, that might be overlooked here when they would not have been for a new client off the street.  Here is what I now have on the top of my list in this situation when handling the new matter:

1. Did the guy downstairs run a conflict check on this new litigation matter?  Often some preliminary negotiations or conflict resolution may have been performed, but was a formal conflict done consistent with firm procedures?  When in doubt—run the conflict check!
   
2. Does the engagement need to be defined in a letter?  How is this matter being treated—as part of the corporate matter or a new matter completely?  I think it never hurts to put in writing your understanding of the representation.
   
3. Are the parties here the same as in the corporate matter?  This is important with entity-clients whose individuals have a litigation matter—whether personal or related to the business performed by the corporate attorneys.  Rule 1.13 of the Tennessee Rules of Professional Conduct, for example, addresses specifically Organizational Clients and “dealing with” the individuals associated therewith.
   
4. Does the dispute concern work that the firm did?  This may or may not completely prevent me from handling it.  For example, if my colleague may be a witness or documents we prepared are at issue, the Rules of Professional Conduct in Tennessee likely prevent me from handling it (See R. P.C. 3.7 and 1.10).  This may not always be the case, though.  If my corporate colleague anticipated a potential conflict and received a conflict waiver, or if his representation was narrowly defined, I might still be okay.
   
5. Is this something the firm wants to handle?  This should be part of every inquiry on a new matter, obviously.  But with this type of referral, I find that I sometimes forget to ask it.  Are other entities or parties involved in the new litigation matter that were not involved in the corporate matter?  Are there employees involved that have a precarious relationship with the corporate client/employer? 

Good Idea:  Loving your spouse.

Bad Idea:    Lying to authorities when you're an assistant dean at a public law school about your spouse's counterfeit prescription drug scheme.

By Brian Malcom 

I am "that guy." I bought the iPad, paid Apple's early-adopter tax, and smiled all the way home.  Some call it a giant iPod Touch, and they are not too far off...for now.  Specially designed apps and Apple's OS upgrades for the device will be what sets the iPad apart from the rest of the iFamily.  

So, I have owned it for ten days.  I feel like that's a reasonable amount of time to deliver an initial assessment of the iPad's strengths and weaknesses for young lawyers.  Here's hoping there are some other fanboys/fangirls out there who care about the practical uses of this seemingly luxurious device.  With stuff like this, I like to start with the weaknesses and end on strengths.  It's the anti-hype approach to hype.  

Weaknesses:  

-  No stylus.  I understand that a stylus would injure the Jobsian ideal of beautiful simplicity.  I, however, would like to have a stylus for note taking and markup of PDF documents on the nice, big screen.  

- Fingerprints.  Oleophobic or not, the screen shows fingerprints.  After two days of use, my iPad screen was riddled with fingerprints.  The least Apple could have done is include a microfiber cloth for cleaning, like they did with past releases of the iPhone.  Luckily, I stock microfiber like Band-Aids at my house.   

- Size.  I know, I know...the whole point of the device is the larger screen.  I get that.  I have to nitpick and say the device feels a bit heavier than you would think when you are holding it in your hands.  I knew going in that this was not a pocket device, unless you have really large pockets. It is a briefcase or backpack device.  If you carry either of those, you'll find that the iPad is very portable--especially if it replaces paper, an iPod, and a laptop.  

- Lack of user storage or print .  I work with PDFs a good bit.  Natively, there is no way to save files to the hard drive of the iPad.  A workaround is to simply email yourself the file and download each time you need it.  But, that can get old.  GoodReader has a good iPad app that allows you to save files via wifi transfer, web downloads, email access, etc.  You can even hold down your finger on the icon of an attachment in the native mail app and save the file directly to the file system in GoodReader.  Last I checked,  GoodReader was reasonably priced, too ($0.99).   Third-party apps are also developing that allow printing directly from the iPad via WiFi to a networked printer.   

- Keyboard.  I am still getting used to the keyboard.  The lack of tactile feedback from the keyboard is a bit odd.  Then again, it took me a while to become a believer in the iPhone's soft keyboard.  Now, I can fly on it.  If I prove unable, there is always the option of syncing a Bluetooth keyboard or Apple's cradle and keyboard to get me by.  Who wants to tote around one of those, though?  The better option may be to use Dragon Dictation's app for the iPad, which is equally as effective as the iPhone application but with a larger visual interface.   

- WiFi only.  I know I went early and I could have waited for 3G.  The truth: I don't want to pay another fee for mobile, digital data.  So, why wait for the 3G iPad?!  I think the better investment would be to have a mobile WiFi hotspot device for all your computing devices to retrieve digital data, depending on which one you're using that day.  It would be really nice if you could tether the iPad through the iPhone, but Steve Jobs has already said that he won't support that.   

- Price.  This puppy ain't cheap.  Technology is my vice.  There are more expensive vices, though.  

There are some nice uses and features for this device for young lawyers.     

Here are the strengths:  

- Lightweight/Portable.  I know this is a bit of a contradiction from the Weaknesses section, but this device, though it feels heavier than it looks, is still much lighter than a 100-page document or a laptop (unless you own the MacBook Air).  With third-party apps, you can store numerous documents on this device for review and editing.  If need be, you can even create documents.  

- Instant digitization of annotations.  Think about it: It is absurd to open a document, print it, make handwritten notes, scan, and then send your edits.  Why not just open the document, i.e. PDF, input your annotations or changes and click send?  iAnnotate, an iPad app, allows you to do just that.  iAnnotate allows you to highlight text, write in the margin, type a note in the margin, underline text, or strike through text with your fingertips--although, ironically, a stylus may feel more natural.  One catch: iAnnotate can currently only transfer files within a WiFi network by using it proprietary server software.  The developers have promised that the next update will allow users to instantly email the annotated PDF file.  I hope they add a print feature, too.  

- Full Westlaw.  The iPad Safari browser is essentially a fully capable browser, not a lightweight, mobile version like the iPhone's.  Thus, you can see "normal" websites instead of being relegated to mobile pages.  ESPN is awesome on the device...oh yeah, so is Westlaw.  I think the iPad is great for reading materials from a legal research site.   (See screenshot below)

- Along the same lines, this device is a terrific reader.  If you are a heavy user of Word docs or PDFs, you will enjoy the experience of reviewing a document on the iPad's pretty screen without worrying about those pesky paper cuts or getting your pages out of order.  This thing could save a lot of trees, if people adapt.   

- E-Mail.  There are some small improvements in the native mail application.  It allows for a large preview of a message before opening.  It is also nice to have a portable device that allows you to quickly review email on a large screen.  

- Lots of storage.   You can store an entire file's worth of PDFs on the iPad, and still have room for your music and videos.  Think about being able to carry an entire case file with you, and not have to worry about dropping that Redweld.  

As more apps appear, more uses will emerge.  Stay tuned.  

William O. Douglas took the seat from Louis Brandeis, whom was the first Jewish Supreme Court Justice and was nominated by President Wilson before the U.S. entered the First World War; Brandeis served on the court with the legendary Oliver Wendell Holmes Jr., a veteran of the Civil War and the oldest person to serve on the Supreme Court (Justice Stevens holds the honor of the second-oldest serving Justice).  Between these three men no other justice has occupied the seat since 1916.  One thing is clear, the next nominee needs to be ready for a long stay on the bench if they want to fill the large footprints that they are following. 

Justice Sandra Day O’Connor, a contemporary who never knew a day on the court without having  Stevens as a colleague,  is rumored to have kept a pillow in her office chair reading “Sometimes In Error, But Never In Doubt.” The pillow in the seat vacated by Justice Stevens should probably say, “Whether Or Not In Error, In For The Long Haul.” It should probably be a very comfortable pillow, too.

By James Bowden

Avvo.com, in an apparent attempt to assist users in finding the right lawyer for any and every purpose, has published a list of 10 suggestions on how to date a lawyer. While it is clearly tongue-in-cheek, per Avvo’s suggestion number three I have chosen to take the list literally and will respond accordingly.  Obviously, I am completely serious and by no means intend the following to be interpreted as being sarcastic, sardonic, or (heaven forbid) “pithy.”

By Eileen Burkhalter Smith 

“Please contact an administrator to unlock the computer.”  This pop-up message gave me a major heart attack recently when it refused to allow me to unlock my lap top right before a closing argument in a jury trial.  The lap top had been working fine, and while I hated having to unlock it every time, I had been a little proud of myself for getting it done pretty smoothly.  I had set up the lap top, screen, and projector in the courtroom the Friday before a Monday trial, and I had actually practiced switching between the devices.  I had handwritten notes on which buttons to push, how to zoom in and out.  Then, inexplicably, the lap top would not unlock!  At the worst possible time!

Anyone experience this?  I think one of the most important things in a trial or deposition is to have a second option.  This applies to evidence and witness questioning, of course, but also to technology.  I was completely panicked because my closing argument involved a video, and I had no back-up for that.  It turns out that I had typed the username wrong, and after I took a second (which felt like 37 minutes) to assess what was going on, I realized my gaffe, and got the lap top going.  But what would I have done if it really was locked?

Not all of us can have the natural ability, like Mr. Venditte, to immediately adapt to what steps up to the plate.  But what we can do is try to anticipate these technology failures (or, um, butter fingers) and have a Plan B.  A dry erase board, writing pad, extension cord, and extra light bulb can be the best defense to these panic attacks--even a friendly opposing counsel might work in a pinch.  Next time, however, I am bringing an Administrator.  Or maybe just an extra lap top.