The Mac Lawyer : Ben Stevens : Using Macs In The Practice Of Law

Seriously... Can the iPhone or the iPod Touch replace your laptop for your mobile computing needs?  What about just some of them?  Two respected technology gurus (whom I greatly respect) have posted articles on this very subject.

Ernest Svenson a/k/a Ernie the Attorney recently traveled to Panama, and he decided not to take his laptop with him and to rely on his iPhone instead.  His article discusses the email, phone, and applications aspects in detail.  Ernie concludes that while he would not forego his laptop, it was reassuring to know how much could be done on the iPhone.

Dennis Kennedy has also written a series of articles analyzing whether the iPod Touch can serve as his secondary laptop.  Dennis walks through his thought process in analyzing his needs and wants on this issue, and it is a very interesting read.

Sources:  "Can You Travel Without a Computer, And Just Take an iPhone?" by Ernest Svenson, published at his Ernie the Attorney blog, and "My New Laptop Computer is an iPod Touch" by Dennis Kennedy, published at DennisKennedy.com.

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Several months ago, noted tech enthusiast Chris Pirillo made the switch from Windows to Mac.  As part of the process, he published a list of 50 reasons for people to join him in making this move.  A few of Chris' best reasons are:

1. Excellent power management in OS X
2. OS X is noticeably more stable than Windows Vista
3. More interesting, useful, beautiful, and affordable software being developed for OS X
4. Macs make it possible to have every operating system at my fingertips
5. No stress in installing / uninstalling most programs
6. Spyware / malware / virus threat is diminished by an extreme degree
7. Time Machine -- Wow
8. Never need to defrag a Mac's hard disk
9. Joining wireless networks in OS X is easier and more refined
10. Deleted files can easily be securely erased in OS X
11. Macs cost about the same as a comparable Windows PC for hardware and bundled software
12. Mail comes with "Data Detectors" which enable you to productively use that information
13. Preview is no joke - with annotations, basic image editing, zooming and scrolling, etc.
14. Help is the way Help should have always been all along
15. Windows users need Apple's software more than Mac users need Microsoft's

However, I urge you to click HERE to read his entire list, whether you have already made the switch or not.  If you haven't, these reasons might be the final push that you need to convince you to do so.  If you already have, they will remind you of how much better off you really are.

Source:  "50 Reasons to Switch from Microsoft Windows to Apple's Mac OS X" by Chris Pirillo, published at his blog.

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The MILO Chat Podcasts are finally back on track.  As you may recall from several months ago, these roundtable discussions about using Macs In the Law Office.  The regular panelists are Ben Stevens, Grant Griffiths, Finis Price, and Victor Medina (though Grant was unable to participate in this episode).

You can access MILO Chat Weekly #4 as follows

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Today, I am pleased to present another Guest Post. This one comes from one of my readers, Dale Strauss, an attorney with Bullock, Scott, Neisig, Morgan, Leeton & Strauss, P.C. in Midland, TX:

Like many of Ben's readers, I have been a gadget geek for years. I have tried most every line of smartphones that has been available on Sprint or AT&T, including the Treo 300/600/750, Samsung i500/Blackjack/Blackjack II, Cingular 3125, AT&T Tilt, and RIM Pearl/Curve. What I have been searching for is a jack of all trades that has to master four areas: (1) good phone quality, (2) email, (3) PIM function, and (4) web browsing. The iPhone 3g is the first to solidly hit three out of four.

Phone Quality: The iPhone 3g is as good as any smartphone in call quality and signal acquisition. The 2g tended to have muffled audio and low volume speakerphone quality. The 3g delivers clear audio and loud speakerphone volume even in EDGE network areas.

Email:  Exchange Activesync says it all. The 3g delivers email from our Exchange Server even before it hits my desktop. The delivery and updating of email, calendar, and contact information is every bit as fast as Blackberry Exchange Services on my Curve. Add to this the alternative push email capability of MobileMe (whoever chose that name should be fired) for those without an Exchange Server, and RIM should be very worried. Together these extend push email to small and medium businesses with far less pain than BES administration (and server downtime). The Achilles heel (see more in next section) is lack of notes and tasks syncing. This, however, is a problem for all Mac users whether using the built in programs or Entourage.

PIM: This is the weak area for the iPhone 3g, and a significant advantage for RIM. Notes and tasks do not sync with your Outlook information on Exchange Server. This is particularly a problem for Mac users, as even the vaunted Blackberry cannot sync these with Entourage or the built in applications. However, the quality of the new App Store and vendors who are writing for it will fill this gap shortly. WebIS plans to bring PocketInformant to the iPhone, which is the leading PIM for Windows Mobile. Likewise, Datavis is porting Documents to Go, and will deliver a rich Microsoft Office environment to the iPhone.

Web:  Nothing compares to Safari on the iPhone 3g; nothing. Palm, Microsoft, Opera, and others have all tried to translate the Web to the small screen, and all have failed to varying degrees. Even Opera Mini, a fair improvement, will wear your thumbs out trying to scroll its viewing window over a representation of a web page. The Safari experience, with the touch/pinch interface, duplicates the desktop Internet experience out of the box. The 3g network is truly less than 10-20% slower than a WiFi connection.

Upgrader Thoughts:  As I switch from iPhone 2g to 3g, there are a few important observations

• I thought I would hate the plastic back, and in fact I like it better than the aluminum as it fits in the hand better than the old form.
• Durability looks to be even better than the 2g; check out PC World's torture test where they wash the 3g with soap and water under a running faucet; also repeats the baggie and keys scratch test from the 2g with flying colors.
• App Store -- The iPhone is truly a new computing platform. I can't wait for PocketInformant and Docs to Go. The games are every bit as good as any handheld game player my kids have had, so my guess there are no limits to what we'll be doing with this thing in six months. Given this wealth of application development, 16gb is a requirement, not a luxury.
• GPS is as accurate as my Curve, and TomTom is still promising the crown jewel of turn by turn navigation.
• In the "What Were They Thinking Category": No cut and paste (which appears to be the big hold up with both PocketInformant and Docs to Go), no MMS, and no replaceable battery. This last one may be Achilles heel number two. The 3g network and all that web surfing just kills a battery, and although it has longer battery life than any other 3g smartphone (again, thanks to PC World for testing that) it will still require a midday charge on busy days.

What Apple has now delivered is a new computing platform. As developers (and Apple) continue to fill in the gaps, the iPhone 3g will become the communication tool of choice because it balances all areas better than any current device. It is not perfect, nor could it be, but it is the closest approximation I have seen since starting my computer career with a 1986 Toshiba 1100 Plus notebook.

Dale K. Strauss
Midland, TX

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Benson Varghese of the Res Ipsa Blog has published a "Top 10" list of programs that make switching to Macs a breeze.  I have listed his recommended programs below along with a short summary of each.  However, you should read his post to get more information about each of these programs.

1. Quicksilver  ::  Uses simple commands to rapidly launch any program, file, folder, or website.
2. Anxiety  ::  Brings the iCal task list to your desktop without opening your full calendar.
3. Caffeine  ::  Turns OS X's built-in automatic screen dimming on and off with a single click.
4. Growl  ::  Provides unobtrusive notification messages from various OS X programs.
5. Adium  ::  Allows you to send/receive instant messages using various protocols.
6. Smultron  ::  Allows you to edit multiple documents in an easy-to-use tabbed interface. (See also TextWrangler and Bean)
7. Skim  ::  Offers enhanced markup capabilities with PDF documents and presentations.
8. VLC  ::  Plays most modern digital video formats.
9. iStat Menu  ::  Shows a calendar and other helpful information by clicking on the time in the taskbar.
10. Rachota  ::  Allows users to track the time spent on various projects.

Source:  "Ten Free Mac OS X Programs that Make the PC to Mac Switch a Breeze" by Benson Varghese, published at his Res Ipsa Blog.

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The following is a Guest Post from Lianne Gaunt, the System Administrator for Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C., a law firm in Eugene, Oregon that primarily uses Macs.  Her post explains how her firm has operated using Macs and integrating them with PCs when necessary.  Thanks to Ms. Gaunt for her post.

We are an 11-attorney firm where all attorneys, legal assistants, and other staff (with the exception of our accounting department) use Macs.   But sometimes even in a Mac office, you just need (or want) to use a Windows program.  We have been using Macs since the early 90's.  The first emulator I ever came across was SoftPC.  One of our attorneys brought it in and we played with it.  It worked fairly well, as most programs back then were not too complicated, but we really did not have much use for it.

A few years later we switched our time and billing software to a Windows system that allowed for remote time entry, but only with a proprietary Windows program.  Because the idea of computer time entry was so appealing, we installed VirtualPC with Windows 95 on all Macs used by timekeepers.  This initially worked for us, as the time entry program was simple and Windows 95 was fairly simple as well.  However, as often happens, the time entry program became more complicated and we needed to upgrade our VirtualPC operating systems to Windows 2000 or higher.  Once this happened, things went from bad to worse.  Load times for VirtualPC were ridiculously slow and crashes happened often, sometimes requiring a complete install which of course meant that individual would lose all their timekeeping history.  Frustration increased and many wanted to go back to writing out their time and having it hand entered.

I had been looking into Windows Terminal Server for a while, but the cost was quite high as it includes not only the hardware, but Windows Server, Terminal Server and Terminal Server client access licenses for each user, and at the time the cost just did not seem to be justified.   However, after a while the problems just made it almost impossible to continue on the way we were going, and we went ahead and purchased a new server and installed Microsoft Terminal Server, which was by far one of the best decisions we ever made.  The Remote Desktop software is a small program that loads quickly and can be minimized to the dock when not in use.  The timekeeper (with a few workarounds) works just fine on the Terminal Server, and time entry can be done at the same speed as if sitting directly in front of a PC. 

The other advantage for our firm to the Terminal Server is that we had been using Outlook for Macintosh as a client to our Exchange Server.  With the move to OS X, Microsoft stopped making an Outlook client, and while Entourage is a great product (and is proving quite useful in allowing our iPhone users to sync up with the Exchange server), task sharing is not an option.  We use the task list for our tickle system, and legal assistants need to be able to see and create tasks on their attorney's task lists.  We used Outlook for Macintosh running in classic mode until we implemented the Terminal Sever and began using Outlook for Windows.  As we have been upgrading to the Intel Macs, running classic is no longer an option, and the Terminal Server has enabled us to continue to use Outlook without having to search for an alternate solution.

Our Mac users also have access to a few additional Windows programs that were originally only used by our accounting department, including direct access to the time and billing system.  Our PC users can access our Mac created documents as well, so it does not matter which computer you are sitting in front of, whether it be Mac or PC, as long as you have user permissions there is no document or application that is unavailable.  People always ask me how come we continue to use Macs when everyone else uses PC's.  I always tell them it is because so far there is nothing we have wanted to do that we have not been able to do while sitting in front of a Mac.  Perhaps using the Terminal Server is cheating a bit, but if it keeps those users in this office who are comfortable using a Mac continuing to use their computers, then it is well worth it.

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Just over a year ago, Apple introduced the world to the iPhone.  Since then, it has become one of the fastest selling smartphones for both business and personal use.  In fact, many experts claim that it has transformed the way that people view and use their cellular phones.

This morning, Apple has released the new 3G version of the iPhone, which includes many new features.  It has also upgraded the iPhone firmware for all users, including the original iPhone, launched its App Store on iTunes v. 7.7, and released its new MobileMe service.

You can read more about these developments at the following:

• Apple Releases Official iPhone 2.0 (5A347) Firmware (MacRumors.com)
• Apple's App Store launches with more than 500 apps (AppleInsider.com)
• iTunes 7.7 and the App Store Now Open for Business (TheAppleBlog.com)
• Apple's MobileMe push service now live (AppleInsider.com)
• iPhone 3G Coverage from Louisville (TechnoEsq.com)

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The following guest post is from Benson Varghese from the Res Ipsa Blog:

During my first two years in law school, I used a Windows-based laptop. The problem that I've had with Windows in the past is that after about a year the system tends to slow to a crawl. My usual solution to this is to do a clean installation of Windows every summer.  Combined with a regular backup schedule, this has ensured that I've never had any devastating problems with my PC setup. Unfortunately, several of my colleagues who were running their original Windows installations were not so fortunate and lost documents and even entire systems to Windows crashes.

This summer, instead of reinstalling Windows as I usually do, I decided to switch to a Mac. I did this for several different reasons.  First, both law schools and law firms are embracing Macs as a viable alternative to PCs. Second, as someone who pays particular attention to trial techniques, I've found that PowerPoint is overused and often ineffective in holding the interest of audiences. Keynote for Mac OS X, on the other hand, creates smooth presentations using fresh templates that don't overwhelm audiences with bullet points or screens full of text. Finally, I'm a firm believer in the investing adage made popular by Peter Lynch: "Invest in what you know."

As an investor in AAPL, I've purchased every generation of the iPod as I watched the Apple raise the bar time and time again in the portable media player market. With more people turning to Apple everyday based on their favorable experiences using an iPod or iPhone and the excitement created by innovative products like the MacBook Air and the iMac, I decided it was time to buy a Mac for myself to determine whether Apple is ready for continued growth in market share.

Below are the specs for my original Window-based laptop and my new MacBook. For comparison purposes, I ran 1.5 GB of RAM in each laptop during testing.

                                                                                                                                                                                                                                                                                                                                                                                                        

Manufacturer:	Dell	Apple
Model:	Inspiron E1705	MacBook Black
Screen Size:	17 inch	13.3 inch
RAM:	1.5 GB	2.5 GB
HDD:	120 GB @ 7200 rpm	160 GB @ 5400 rpm
Oper. System:	Vista Ultimate	OS X 10.5
Processor:	Intel Core Duo @ 1.67 Ghz	Intel Core 2 Duo @ 2.4 Ghz

Things that I like about Mac and OS X:

1. Speed :: The Mac boots up much quicker than even a fresh installation of Windows. Since the Mac does have a faster processor, this was to be expected despite the faster hard drive in the Dell. In addition to the improved bootup speed, other programs like Adobe Acrobat and Photoshop run smoother on my Mac than they did in Windows.
2. Programs :: Macs have always had exceptional presentation software. Whether it is making music, designing art, or creating presentations, Macs have consistently outperformed Windows. Today, the excellence of the Mac goes beyond the world of multimedia. Whether you are using Office for Mac or Adobe Acrobat, Mac OS X runs programs that you are familiar with smoothly and stably.
3. Better security management :: While Vista attempted to rid Windows of the security issues that plagued Windows XP, the security restrictions in Vista were annoying. Vista asks for permission to run third-party software every time a program is launched. As a result, most users disable this security feature in Vista. Apple's approach to security is far simpler. Instead of prompting you for a password every time a program is run, OS X only asks you for authorization when you first install the program. This ensures that programs are not installed without your knowledge.
4. It works out of the box :: With a new installation of Windows, I usually have to spend the better part a day installing all the programs I need to get things running smoothly. With Mac OS X, you start with a solid assortment of programs that are actually useful. Macs come with iLife which includes iPhoto for photo management, iMovie for video editing, GarageBand for editing music, and iDVD for creating DVDs with professional menus and transitions. Macs also have great built in features like a dictionary and Time Machine, which is Mac's backup utility.
5. Ease of use :: While there is a learning curve to any new operating system, learning to use OS X is straightforward. One of the best things about using a Mac is the number of shortcuts that are available. For example, I regularly take screenshots for my blog so that I have a picture or thumbnail image to go with a story. On the Mac, by simply hitting "Command + Shift + 4" I can select any portion of the screen to automatically save as an image. To make a screenshot in Windows, without the help of third-party software requires going through the following steps: hit printscreen, paste the image into Paint, crop the image, and finally, save the crop image as a new file.

Things that could be better:

1. The single-button trackpad :: While I've gotten used to having to hold two fingers on the track pad and then clicking in order to "right click," it would be nice to see a trackpad that functions along the lines of Apple's Mighty Mouse, where the mouse detects right and left clicks based on finger placement even though there are no distinct right and left click buttons.
2. The lack of good alternatives to certain Windows programs :: While most of the programs available for OS X strengthen the case for Macs, there are a couple of programs for which I have not been able to find good Mac alternatives. For instance, I've tried every piece of Mac blogging software that I've come across, and I've yet to find one that is as easy to use and complete in its features as Microsoft's Livewriter. While I'll concede that blogging software might be a niche market, a bigger concern is the lack of a suitable alternative to Quicken 2008. The Mac version of Quicken (Quicken Mac 2007) lacks many key features of the Windows version. Neither Quicken Online nor any of the other Mac offerings (iBank, Moneydance) for financial management provide the depth that Quicken 2008 for Windows does. Luckily, using Parallels, Mac users can run Windows within Mac OS X, so switching to a Mac does not mean you'll have to give up your favorite Windows programs. An alternative to Parallels is BootCamp which allows Mac users to boot directly into a Windows installation on their Macs.

Overall, I am extremely pleased with my switch to a Mac. Because Apple makes both the operating system as well as its own hardware, everything runs smoothly and efficiently. This, coupled with the array of excellent third-party programs, makes Apple's OS X the operating system to beat. From an investor's point of view, I believe Apple has revolutionized the media industry with its offerings for artists and designers, and is now poised to revolutionize the business world. As a law student and future attorney, I echo what many others have already concluded: Apple has all the features necessary to run a successful practice and it can do so better than Windows.

My sincere thanks to Benson Varghese of the Res Ipsa Blog for this guest post.  Benson is a third-year law student at the Texas Tech University School of Law, and he is a law clerk at the United States Attorney's Office.  He serves as an editor for both the Texas Bank Lawyer and the Estate Planning and Community Property Law Journal.

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As you have probably heard by now, the new 3G iPhone arrives this Friday, July 11, 2008, at 8:00 a.m.  You can pick yours up at the closest Apple Store or AT&T Store.  I plan to pick mine up on Friday morning, and I expect that thousands of others will as well.

To help with preparation, Apple has posted a guided tour, which covers all of the new hardware and software features in a ten minute movie.  Also, AT&T has posted a series of short movies which help explain how to get ready for the new iPhone for both new and existing customers.

A detailed listing of all of the iPhone rate plans is available HERE.

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The problem with Microsoft Windows is that it is painfully out of date.  Randall Stross writes in The New York Times that what began as a thin veneer for older software code has had layer upon security plugs, bug fixes, etc. heaped upon it, and its inherent design deficiencies are now painfully visible.  Ouch!

By way of contrast, Mr. Stross believes that Mac OS X is a vastly superior operating system.  In fact, he said that "Windows seems to move an inch for every time that Mac OS X or Linux laps it."  He praised Apple's bold move back in 2001 when it introduced OS X, and he strongly suggest that Windows just completely start over from scratch right now to come up with its own "Windows OS X."

The article is a very interesting read, because it provides a good juxtaposition between the Mac way of getting things done and the Windows method of "same old same old." 

Source:  "Windows Could Use a Rush of Fresh Air" by Randall Stross, published in The New York Times.

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There have been a number of excellent articles published recently by practicing attorney who use Macs in their law practices.  Last week, I mentioned the article by Kern Lewis, and this week I want to feature the one by Aaron Pelley of the Criminal Defense Law With An Apple blog that was published in this month's Law Trends and News.

His article explains why the Mac works for his practice and aims to persuade you to take a look at an Apple for your practice.  He gives the following seven reasons to switch to a Mac:

1. Simplicity  ::  First and foremost, "It just works."  Everything on an Apple was made for an Apple, as the same company that made the hardware also made the operating system and much of the software.  As a result, they work together seamlessly.
2. Time  ::  You will save considerable time by not having to worry about things such as virus scans, Trojan scans, spyware, adware, firewall programs, and defragmenting your hard drive. You should spend your time using a computer, not maintaining it.  Also, thanks to Spotlight, your information is much easier to find on your Mac.
3. Price  ::  Macs are not really that much more expensive when you consider the quality components and software that are included. Also, Macs tend to last much longer than "comparable" PCs do. Besides, your data is too important to rish by using a cheap computer.
4. Community  ::  Mac users comprise an incredibly supportive community. If problems do arise, there are great listserves availble, including Macs In the Law Office, which provide sage advice from other Mac-using lawyers, developers, or other experts.
5. Software  ::  Most programs that run on a PC, have a Mac counterpart, including Quickbooks, Adobe Acrobat, Microsoft Office: Word, Outlook (called Entourage), Power Point, and Excel. In addition, with emulation software, Macs can run any Windows program (until you decide to let go).
6. Customer Service  ::  Your Mac comes with excellent customer service if and when problems arise.  If you purchase Apple Care, you get protection for a full three years.  Windows PCs cannot match this type of service and protection.
7. Creativity  ::  People always point out that an Apple computer is for "creative types."  Mr. Pelley says that criminal defense is the most creative endeavor one could pursue, and therefore they are just the type of person Macs were made for.

Source:  "Criminal Defense Law With an Apple: Seven Reasons to Switch to an Apple" by Aaron A. Pelley, published in the ABA Law Trends and News Practice Area Newsletter.

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