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 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 

Let me begin by giving credit where credit is due.  iPhone J.D. has a terrific post about the new features of Google Scholar.  I would definitely recommend checking out the post.  I will try to hit the high points here.

On November 17, 2009, Westlaw and Lexis lost a little piece of their stranglehold on legal research.  "Google announced that it expanded its Google Scholar service to include free, full text legal opinions from U.S. federal and state courts."  The federal opinions include tax and bankruptcy opinions and date back to 1924.  State opinions date back to 1950.  Apparently, "the Google employee who worked on this project as a part of the "do something interesting with 20% of your time here" policy that Google encourages for all of its employees."  If he developed this with 20% of his time, I cannot imagine what this programmer could do with 50% or 100% of his time.

Some of the benefits of searchable legal resources through Google Scholar are:

  - It's fast.
  - It's free.
  - It's Google.
  - It's streamlined. This is great for a quick search from your PDA or
    laptop using a wireless card.
  - It's very familiar.  If you haven't done a Google search in the past decade,
    you may want to check your pulse.
  - No login required.  This kind of informs "it's fast", but I think it's important enough
    to mention again.  Logging in can be annoying when you're in a hurry.
  - It highlights search terms, but you can turn them off if you follow iPhone J.D.'s tips.

iPhone J.D. writes, "When you find a legal opinion that is relevant to you, you can use the helpful "How Cited" tab to find other decisions that have cited your found opinion.  This is somewhat similar to Shepards on Lexis or KeyCite on Westlaw, although Google does not currently characterize the citing authority to tell you if, for example, another case overturns or distinguishes your case."  iPhone J.D. also points out that "[t]his is not the first free caselaw service on the Internet (even though it may quickly become the best), and Westlaw and Lexis/Nexis currently offer a lot that Google is not offering including summaries and headnotes, case histories, formatted downloads suitable for printing, etc."

As of today, the service does not include statutes.  But, let's give Google some time and some traffic.  I bet if this takes off, Google will devote more the 20% of one programmer's time to beefing up the resources available.

What will this do to overhead of law firms?  Well, I have a feeling that major law firms are going to keep their subscriptions with Lexis and Westlaw for now.  Google is too new and unfamiliar to trust with the important task of legal research.  That being said, I am betting that law firms and clients will begin to pay attention to the Google Scholar page as a low-cost resource for legal research.  Clients may even require their attorneys to use Google Scholar or another free resource, in lieu of paying for legal research sources.  Small law firms, non-profits and pro bono organizations will likely be the first to take advantage of Google Scholar.

Questions for another day: Is Google Scholar secure?  Will Google Scholar store or save your searches?  Are there ethical and confidentiality issues with using Google Scholar?  If you know the answers, feel free to answer in the comments.

By Emily Zibart 

As you are inevitably aware, the Internet has created unique and seemingly endless opportunities for intellectual property infringement.  Social networking and other new media websites create particular dangers for trademark owners, who can wake up one morning to suddenly find themselves the targets of phony Twitter or Facebook accounts.

With victims ranging from international companies such as American Airlines and Exxon Mobil to celebrities like Lindsay Lohan, online impersonation is rampant.  Moreover, the risk of encountering counterfeit goods is no longer restricted to the physical realm.  The sale of counterfeit virtual goods has taken the popular virtual world Second Life by storm. 

For these reasons, any comprehensive brand protection strategy should take into account the impact of new media sites. Check out my more in depth articles about how to protect trademark rights on Facebook and about brand protection on the micro-blogging website Twitter and the virtual world Second Life.