iPad Useful for Document Review

Posted by wlansden | Filed under , ,
By Brian Malcom

When the iPad was first released, syncing documents was cumbersome.  The user was required to place documents on the device using wi-fi transfers.  Now, you can use the sync cable included with the iPad to transfer documents from your computer directly to your iPad.  This allows for faster and more reliable transfers.  This is especially important with large documents, such as PDFs or PDF packages for document review.

After the tweak to the document transfer mechanisms for the iPad, the iPad has become a useful tool for reviewing large document productions.  In order to perform the document reviews, I recommend using GoodReader, an app available in the Apple app store.  This app, working in conjunction with iTunes, allows you to use your data sync cable to transfer large PDFs directly to the iPad.  You can password protect access to the GoodReader files for added security.  It also retains your place in reviewing a large PDF document, should you have to exit the app for any reason.  Another useful tool available in GoodReader is the ability to place and label bookmarks when reviewing a PDF.  This allows you to quickly flip through a large PDF file and flag documents of interest to your case.  You can display one page at a time if you are in portrait mode, or you can display two pages side-by-side if you were in landscape mode.  With the two pages side by side in landscape mode, you can quickly flip through large documents and then, by simply orienting the iPad into portrait mode, you can zoom in to a page that looks to be of interest.

One drawback I see with reviewing the documents on the iPad is the inability to print directly from the iPad.  You must use the bookmark feature or simply hand write the Bates number or PDF page number and print the pages later when you are at a PC.  This adds a frustrating little step in the process, but the convenience of being able to carry tens of thousands of pages in a lightweight electronic device with a fantastic user experience may outweigh this inconvenience.

Happy document reviewing.

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Lawyers USA Quotes Brian Malcom on Google Voice

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Brian Malcom, a YLB Editorial Board member, was recently quoted in a Lawyers USA article discussing Google Voice for lawyers on the go.  Click here to read the article. 

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Google Voice Open to the Masses

Posted by wlansden | Filed under , ,

By Brian Malcom

Last year, we told you about Google Voice.  The service allows users to forward calls from one Google Voice number to multiple, already-existing numbers.  For instance, you can have contacts call your Google Voice number, and then forward those calls to ring your desk, your home, and your mobile telephone.  Google Voice also offers some pretty cool extras, like transcribed voicemails and free long distance.

Though the service was once invite only, it is now open to all who wish to join.  If you are a solo practitioner or work for a small firm, this service may offer some assistance in managing your communications and keeping long distance costs down.  Learn more about it here.

Note: Some readers expressed some concerns regarding confidentiality and ethics because of Google's targeted advertising.  To date and to the best of our knowledge, no court or state has examined the issue.

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Saggy Pants '10

Posted by wlansden | Filed under ,
There is simply no escaping the criminalization of saggy pants in Tennessee.  This was a hot topic in the legislature almost exactly a year ago (see our articles "Saggy Pants" Granted a Reprieve and Saggy Pants Update) and Tennessee passed on making it a misdemeanor to wear drawers that sag.  The City of Horn Lake, however, is not going to let it drop.  They have begun working with attorneys to prepare a city ordinance to ban the “fashion faux pas.”  Check out this article. 

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Nashville Flood: Courts Making Adjustments

Posted by wlansden | Filed under
In the on-going clean-up from the massive flooding here in Middle Tennessee this month, the Tennessee Supreme Court entered an interesting Order under Tennessee Supreme Court Rule 49.  The Order grants an automatic extension of time of 30 days for any filing which was due in Davidson County (Nashville) Courts on May 3-5, 2010, during which time Davidson County, and other surrounding County courts, were closed due to the flooding.  Individual Judges have been continuing trials as needed, as well, but the Order offers a universal extension of time as the City recovers.

The Courts were not the most severely affected by the flooding, of course, but the Juvenile Courts are still displaced, and many attorneys are just returning to their downtown offices this week.  Disaster Assistance Centers are available every day this week in five locations—with volunteer attorneys on-site to answer questions.  Click here for more information.

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Much Ado About Nothing: SCOTUS Qualifications Edition

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By James Bowden

It appears that the most consistent comment regarding President Obama’s nomination of Elena Kagan to the United States Supreme Court is the fact that she has never before been a judge.  So what?

To highlight how urgent a concern this is, the runner-up issue in the headlines seems to be the fact that Kagan’s confirmation would mark an end to the unbroken streak of at least one Protestant holding a seat on the high court.  The more informed commentators are pointing out that until recently, being a judge was not considered a necessary qualification for office space at One First Street, but generally no one is pointing out how pivotal non-judges have been during their tenures as Supreme Court Justices.

In the interest of justice, here‘s a list of three non-judges who have nonetheless said what the law is from the bench of the Supreme Court:

  1. Chief Justice Earl Warren: formerly the Governor of California, Earl Warren ran straight from his nomination by Ike Eisenhower headlong into the issue of segregation.  The result: Brown v. Board of Education.  The rest is history.
     
  2. Associate Justice Robert Jackson: Jackson may not have worn a robe prior to his stint on the court, but he had some serious legal firepower on his resume. Sure, plenty of people have been the Attorney General, but how many of them prosecuted Nazi war criminals at Nuremburg?   
     
  3. Chief Justice John Marshall: that’s right, the most renowned justice of them all.  Where federalism was a ephemeral theory before, Chief Justice John Marshall gave it substance (e.g. McCulloch v. Maryland).  Where the role of the court was in question, he pointed out not a little bit forcefully that the role of the court is to say what the law is.  Need an illustration of how important this decision is to the Court and the nation today?  How about illustrations of William Marbury and James Madison – despite never serving on the Court, portraits of the litigants in the case cementing the Judiciary as a co-equal branch of the federal government grace either side of the Supreme Court’s private dining hall.

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News from Nashville - The Flood

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This last weekend saw terrible flooding in the Middle Tennessee area.  The flood waters are just beginning to subside here in Nashville. Many people spent the weekend without power, and some have been stranded in their homes.  Even more people have seen their homes damaged or destroyed by flooding.

If you would like to help, the Hands On Nashville is coordinating volunteer efforts and donations.  If you are an attorney, please consider contacting the Tennessee Bar Association for volunteer opportunities.  Thank you to everyone from the Young Lawyers Blog and everyone in Middle Tennessee for your help and prayers.

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The Stevens Seat - A Legacy of a Century's Struggle?

Posted by wlansden | Filed under , ,
By James Bowden

As we’ve noted, the seat on the Supreme Court that Justice John Paul Stevens will vacate this summer is notable for the longevity of its occupants over the last 100 years (give or take).  But Justice Stevens, like Justices Douglas and Brandeis before him, is notable for more than just the length of his tenure.  All three were capable and influential voices on the court – and at times their jurisprudence stirred up more than a little bit of controversy.

Justice Brandeis was an ardent and powerful supporter of the right to privacy and freedom of speech on the Court.  His successful career in private practice featured aggressive advocacy, often offered pro-bono, against abuses by large corporations and business interests, which gained him fame as “The People’s Lawyer” and, “A Robin Hood of the Law,” not to mention significant opposition to his confirmation as a Justice.  Justice McReynolds (rabid anti-Semite and general crank that he was) refused to speak to Brandeis throughout his tenure on the court, and supposedly walked out of the room whenever Brandeis spoke.

Justice Douglas was by reputation one of the most brilliant justices ever to serve on the Court, and wrote many influential opinions supporting civil liberties and environmentalism, some of which he is rumored to have drafted on the backs of napkins over a beer.  His position as the liberal lion of the court and a tenacious advocate for an expansive interpretation of the First Amendment, not to mention his writing for Playboy Magazine and his fourth marriage to a college-age cocktail waitress, provided the ammunition his opponents in Congress needed to mount an eventually unsuccessful impeachment attempt.

Justice Stevens, a moderate Midwestern Republican and son of a wealthy family, was nominated by a Republican President.  Despite this and although his judicial temperament is best described as incrementalist, Stevens has come to be recognized as the leader of the court’s liberal wing, and has written vociferous dissents highly critical of the Court’s current conservative majority, most notably in the case of Citizens United v. FEC, 558 U.S. ___ (2010).  However, despite his conservative critics, Justice Stevens apparently did not disappoint the President who nominated him; speaking of his legacy soon before his death in 2005, President Ford said of Stevens, “I am prepared to allow history’s judgment of my term in office to rest (if necessary, exclusively) on my nomination thirty years ago of John Paul Stevens to the U.S. Supreme Court.”  That is without a doubt one of the highest compliments I’ve ever heard paid.

Stevens’ seat provides a unique view of history.  Over the past 96 years, a collection of people who would fit comfortably in a subcompact car presided from that seat over the growth of a country from a new insurgent on the world scene to preeminence as a world superpower, through the trials and triumphs of modern age and beyond. Their decisions and judicial careers were frequently reflections of the turbulent world outside the doors at One First Street.  Justice Stevens’ successor has quite an act to follow, but I wouldn’t be worried about having an opportunity to leave a mark – the seat he or she will take has a good track record for providing plenty of sound and fury to keep the long voyage exciting.

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The iPad: Making Your Briefcase and Wallet Lighter

Posted by wlansden | Filed under , ,

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.  

 

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Note to Justice Stevens’ Successor: Get Comfortable

Posted by wlansden | Filed under , ,

peeps

So speculation is in full swing on Justice John Paul Stevens' replacement this summer.  Our advice to the eventual nominee? Plan to stay a while. Stevens took William O. Douglas's seat; Douglas was appointed by President Roosevelt more than two years before the U.S. entered the Second World War, and is the record holder for longest tenure on the court at 36 years and 209 days.  Stevens' tenure,  at 34 years and 124 days, makes him the fourth longest serving Justice.  The difference between Justice Stevens and the second-longest serving Supreme Court Justice (Stephen Johnson Field): 80 days. 

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.

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