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. 

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.

By Brian Malcom

I purposefully did not review the first release of this software.  The iPad had just hit stores, and I did not want to be too quick to judge software developers that were still working out the kinks.  I am glad I reserved judgment.

The first release of this app was somewhat buggy.  For instance, the app would frequently crash when reviewing “large PDFs” (greater than 10 MB).  You could not email a PDF to yourself once you made annotations.  You were forced to sync it with a desktop companion via WiFi.  On that topic, trying to transfer large files to or from your desktop was tedious and downright impossible by WiFi transfer.  To be fair, I am not sure if I should blame Aji, the developer of this app, for the WiFi transfer problems or Apple.  Apple has acknowledged that the iPad has a WiFi software problem that will be fixed in the next update.  I just know it did not work well.  Now, you can sync large documents using the iPad’s USB cable.  This is much more stable.  You can also email marked-up files to yourself now.

This newest release addressed some of my frustrations with the first version, and I saved a whopping $2.00 by being an early adopter.  The price of the app was $7.99 when it was first released.  It is now in the App Store for $9.99.  All in all, I would now recommend that attorneys download this app for their iPad.

According to developer’s site, the newest version has the following features: 

• A complete annotation system: Text Notes, Highlight, Underline, Free-Form Drawing, Bookmarks, and more. An intuitive interface allows for viewing and editing annotations without leaving the document reading view.
• Full-featured PDF reader: Continuous-scrolling page display with all standard scroll/zoom gestures supported, and full-screen reading mode. Edit mode now supports two-finger scrolling.
• Easy transfer of PDFs: Send and receive PDFs via email, through iTunes sync, by browsing to any PDF link, or using our free desktop transfer software.
• Tabbed PDF Reading: Quickly switch between multiple open documents. Tab setup and page locations are always remembered, whether switching tabs or quitting and returning to the app.
• Fully Customizable Toolbars: Reposition and resize toolbars, and drag-and-drop to configure tools included on each.
• Comprehensive PDF support: Copy-and-paste text, view existing PDF annotations, support for internal and URL links, and PDF outline/bookmarks support. Fully integrates annotations directly into the PDF.
• Document and full-library search: Search your entire PDF library to instantly find all documents with any keyword. Tabs sort new, unread, and annotated documents.
• APS (Aji PDF Service): Free companion desktop application for easy sync with your existing desktop PDF collection. Recommended for large libraries of documents.
• Aji Support: integrated application help and tips, and top-notch email and forum support.

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.  

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.

By Brian Malcom 

Social media is becoming a crime-fighting weapon, and criminal defense attorneys are catching on.  For some reason, most people believe that there is anonymity on the Internet.  This is an especially absurd belief when people go through great pains to make themselves as visible as possible in social media.

A Nashville, Tennessee criminal defense attorney named David Raybin immediately advises his clients to shut down their Facebook account.  I suspect that he is not the only criminal defense attorney giving this advice to his clients.  Lately, there has been an increased use of social media by police investigations.

The ABA Journal writes, "USA Today notes several cases throughout the country in which police investigations were bolstered by taking time to explore YouTube, Flickr and other online message boards:" 

• Police in Suffolk, Va., were able to identify suspects involved in a Dec. 14 street fight when cellphone videos were posted on YouTube.
• Police in Chattanooga, Tenn., discovered an online forum where residents were planning illegal drag races, staked out the area and ticketed participants.
• Police in Los Angeles used YouTube and Flickr to identify people suspected of being involved in riots following the June 2009 NBA Championship. 

What can a young lawyer learn from this?  Well if you are interested in going into criminal defense, you may want to advise your client to immediately delete their social media account.  If you are not interested in criminal defense, maybe you should just take this as a yet another example that social media can be dangerous.

I would place good money on the fact that all bar organizations are already trolling social media outlets for information about bar applicants, committee applicants, and practicing attorneys under investigation for ethical misconduct.  This may be a good time to take down the picture of you doing a keg stand at last month's young lawyers get together.

Reminder about my rule of thumb: never post anything on the Internet you don't want your employer to see.  Thanks to cache technology, anything posted to the Internet will exist forever in cyberspace.

By James Bowden

Do you need an attorney, and are more familiar and comfortable with online dating sites than the common law firm website?  Are you a practicing attorney who wishes for a way to use your charismatic personality and your rakish good looks to woo clients?  Have no fear, LegalTube is here!

LegalTube is apparently the natural evolution of legal advertising in the information age.  According to the ABA’s Business Law Today:

The site is intended to mimic that initial conversation for a prospective client—learning about the lawyer's personal style, experience, areas of expertise, and answers to general queries. As opposed to a standard directory where only certain text information is available, lawyers participating in LegalTube can not only give virtual tours of their offices, but also give viewers insight into their firm, their personality, and their background.

I don’t know about all of that, but the website does feature the three worst-delivered lawyer jokes in history.  Also included is an honestly entertaining “webisode reality series” called “Law After Dark,” which is really just a series of hilarious/sad clips from the Jefferson County Alabama (Birmingham) Circuit Court.  Fun game: juxtaposing the instructions concerning appropriate courtroom attire in the “Shorts?” clip with the treatment given to the defendant wearing the Hooters t-shirt in the “Nice hair” clip, planning wardrobe for upcoming hearing in Jefferson County appropriately.

Overall, I don’t know how well the site functions as a business development tool, and I somehow doubt that its existence will improve a client’s ability to select their ideal attorney – but the limited content available certainly is entertaining.  It should keep you chortling for at least a .2.

By Brian Malcom 

It's not that I don't like microcassette dictation devices, it's just that I hate them.  You never have one when you really want it.  Worse yet, you never have one when you actually need it.

Dictation is becoming a lost art.  Young attorneys are more capable typists, due to exposure to computers from an early age and, believe it or not, chatting with friends. (And your mom said that you were wasting your time chatting with your friends).  Most young attorneys would rather type a memo or letter themselves, rather than dictating them out and giving it to their assistant to type up and then proofread for errors.  Who can blame them?!  Most young attorneys could type up a memo faster than they can dictate and proofread.

But, is it really more efficient in the long run?  Learning to dictate early in your career could allow you to be more productive later in your career.  Dictation also helps you keep a more conversational tone in your writing.

Those who are new to dictation may find it awkward and frustrating at first.  If, however, they stick with it, they will find that they are mastering the art in no time at all.

Digital dictation is beginning to take hold in the legal industry.  There are numerous software programs available to assist an attorney.  IBM and Dragon NaturallySpeaking Solutions are the leaders in the industry.

Smart phones are opening up a whole new market for digital dictation.  Dragon Software seems to be leading the charge.  On the iPhone, Dragon offers a free application for digital dictation using the iPhone.  It is called Dragon Dictation--I know...shocking.

I'm not sure if other PDAs are offering a similar program in their applications store.  If you have found a digital dictation program that you like, feel free to speak up in the comments.

I've been using this application for about a week.  I must say I'm pretty impressed with its capabilities.  It's not perfect, but it gets the job done.  It's also nice to have the software application at my disposal and in my pocket.  In other words, I don't have to carry another device.  This is essential for helping me avoid a "man purse".

A little help in avoiding tendonitis is not too bad either.

Here are some links you might find useful if you are interested in using the Dragon Dictation software:

 - For your computer:  Nuance website
 - Nice reviews of Dragon Dictation:  TUAW, iPhone J.D. and CNET

** Some people have expressed concern about the app "collecting and using" names in your address book.  Dragon responds to those concerns.