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

The second half of the latest MILO Chat podcast is now available from your hosts: Victor Medina, Finis Price,  Grant Griffiths, and Ben Stevens.  As you will remember, the general topic of this episode cover the latest and greatest in Mac technology, with a focus on recording and sound hardware.  You can access MILO Chat Weekly, Vol. 6 as follows:

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The following Guest Post is from Jesmond Darmanin, a Web Marketer with GFI Software, and it explains the "Four Reasons for Archiving Email Correspondence":

Email is a primary source of documentation for many organizations and it has taken on an increasingly critical role in corporate court proceedings, regulatory compliance and legal discovery. Companies are realizing the importance of archiving their email correspondence, since being in a position to retrieve an old email could save them thousands of dollars in legal fees and fines, as well as their credibility.

The following are four legal reasons why companies need to archive their email correspondence:

1. The Securities Exchange Act of 1934 (the '1934 Act') :: requires various entities to maintain records for five years and more. Failure to do so can result in severe fines.
2. The Commodity Futures Training Commission (CFTC) :: requires futures commission merchants to keep records for five years. Failure to comply can result in hefty fines.
3. The Sarbanes-Oxley Act ('Sarbanes Oxley') :: accountants must keep all audit or review workpapers for a minimum of five years. Violation of this rule can lead to a fine and imprisonment.
4. The Financial Industry Regulatory Authority (FINRA) (formerly the National Association of Securities Dealers (NASD)) and the New York Stock Exchange (NYSE) :: members are required to preserve records for no less than six years or they can be imposed with a civil fine.

Email archiving can help companies to abide by all four requirements mentioned above, because emails are archived at server level, so no matter if a copy is deleted by the end-user from his/her computer terminal, once an archive exists with all correspondence entered into by the company then the emails are searchable and retrievable and can be presented in court or as requested.  Moreover, one is also able to offer the assurance that the email was not tampered with or altered in any way, thus making it a legal and binding document that could save a company or organization a lot of money in a legal situation. Companies that are unable to provide email documentation that is requested by the courts or other legal body could be subject to hefty fines, as they would be in breach of legal requirements.

A more in depth article on e-mail archiving can be found HERE.

Jesmond Darmanin  ::  Web Marketer  ::  GFI Software

GFI is a leading software developer that provides a single source for network administrators to address their network security, content security and messaging needs. With award-winning technology and a strong focus on small-to-medium sized businesses, GFI is able to satisfy the need for business continuity and productivity encountered by organizations on a global scale.

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One of the questions that I am asked most often is "What software is available for time & billing on a Mac?"  In answering that question, I try to explain that this is often a very personal decision for attorneys, because not everyone has the same "wants" and "needs" when it comes to time and billing software.

My firm recently switched from LawStream Pro (which we have used for the last several years) to Rocket Matter for our time & billing needs, and we are very pleased with the change.  Rocket Matter is very easy to setup and use, and it is available from anywhere since it's web-based.  Even better, it tightly integrates its time & billing functionality with its case management features (contacts, calendar, to-do's, etc.), which enables you to maximize the amount of time you can capture and bill.

As for the other time and billing options that are available for Macs, you might want to check The Unofficial Apple Weblog's "App Roundup: Timekeeping and Billing" (Part One and Part Two).  While I believe that most of these programs are overly simplistic and not adequate for the time and billing needs of a lawfirm, you may disagree and find the "perfect" program for you, your practice, or your other business.

Thanks to Pete Summerill of the MacLitigator blog for his post about the TUAW series.

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Market research firm Garner reported a few weeks ago that Apple is now the third largest computer vendor in the United States, having now passed Acer.  Dell and HP are still the leaders, but Mac sales rose more than 38 percent to nearly 1.4 million units in the US during the three-month period ending in June.

Source:  "Apple Passes Acer to Become Third Largest U.S. PC Vendor" posted at AppleInsider.

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This past Spring, I decided that I wanted to stop carrying so much "stuff" with me every day.  Up to that point, I had been using an STM Alley shoulder bag every day, and I really liked it.  It was just big enough for my MacBook and most of the accessories I needed a daily basis or when traveling.  But when I thought about it, did I really need all of those things on a daily basis?  Video adapters, remote controls, USB drives, etc. were all nice to have, but I rarely used them except when traveling or doing presentations.

After looking at several sleeves, I decided to give the InCase Neoprene Sleeve a try.  Although very basic, it provided excellent protection for my MacBook, and it was very lightweight.  I could also squeeze a legal pad, very thin file, or magazine into the sleeve if necessary.  After a few months, I found myself wishing that it had a little pocket or some way to carry smaller items, but it was certainly more than adequate for its intended purpose.

When I got my MacBook Air in June, I decided to look for a new case. The InCase Sleeve would work fairly well, but it did not hug my new Air snugly enough for my taste since it was designed for the thicker MacBook.  Plus, I was still hoping to find something with that little pocket because I had gotten the Verizon 3G USB Modem, which I want to keep with me at all times.

After looking at all of the bags on the market at that time, I decided to give the Marware Sportfolio Sleeve a try.  This sleeve hugs the Air like a glove, providing excellent protection, and it has an external "Orca-skin" pocket which can snugly hold an iPhone, USB modem, or other similarly sized items.  The list price of this sleeve is less than $35, and I highly recommend it if you are looking for something that provides great protection along with a little bit of storage space.

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One of the programs mentioned on the MILO Podcast published earlier this week is Levelator.  This program adjusts the audio levels within your podcast or other audio file to compensate for variations from one speaker to the next.  It is cross-platform (OS X, Windows, or Linux), and it's free from The Conversations Network.  Macworld gave version 1.4.0 of this program 4 mice (out of 5), and my co-hosts swear by it.  You can check it out by clicking HERE.

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"The MacBook Air is the sexiest laptop ever. ...it's like nothing you've ever laid your hands on. And yes, you have to lay your hands on it to get the full effect."  So begins the love letter from National Geographic's Steve Casimiro to the MacBook Air. 

He goes on to say that it is a powerful computer that could easily replace your current laptop. To back that up, he claims that the $1,800 1.6 GHz version kept pace with his year-old MacBook Pro, even though it has less RAM and processing speed.

In his article, he analyzes the Air with regard to many factors, including its size, computing power, lack of dvd drive, and battery. He  concludes that the "speed, diminutive size, and special Apple sauce make it a compelling, almost irresistible ultra-portable."

Source:  "Macbook Air Is Light, Yes, But It's No Lightweight" by Steve Casimiro, published at the National Geographic Adventure Blog.

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In the practice of law, time is money.  The more time you save, the more money you can earn.  Mac OS X 10.5 (Leopard) enables attorneys to practice more efficiently than ever before, and the following ten tips from Macworld can help you better utilize many of its features:

1. Keep your workspace organized with Spaces  ::  stay organized, uncluttered, and focused by organizing your programs
2. Find windows and applications fast  ::  use keyboard shortcuts (F9, F10, F11, Cmd+Tab, & Cmd+~) to get to your active programs
3. Get the most from Quick Look   ::  preview contents of files from the Finder or within Mail.app without having to open them
4. Save time with saved Spotlight searches  ::  locate anything from files to emails and save those searches in smart folders
5. Find menu items and commands  ::  find both help information and menu commands in the Help menu thanks to Spotlight technology
6. Make the Finder work your way  ::  customize both the toolbar and sidebar to make it more helpful and intuitive
7. Use Automator to speed up repeated tasks  ::  tie together actions from the Finder and other applications to create reusable workflows
8. Use Dashboard to the fullest  ::  quickly create and access mini-applications with the click of a button
9. Tips for working with text  ::  select text in blocks using the Option key and paste unformated text using Cmd+Shift+Option+V
10. Work smarter with keyboard shortcuts  ::  know and use the hundreds of keyboard shortcuts built into OS X and other applications

You can read much more about each of these tips by clicking HERE.

Source:  "Make Leopard Leap: Time-Saving Tips for OS X 10.5" by Ryan Faas of Computerworld, published at Macworld.com.

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Macworld recently published an article on "Mac Gems" in which it mentions the program Narrator (v. 2.0.2) from Dejal.  This program utilizes speech synthesis to read out marked passages using specified voice attributes.  These voices can include not only OS X's built-in voices, but also a variety of others that can be downloaded.

Because the completed audio file can be exported to iTunes, you can listen to it on an iPod or iPhone, no matter where you are.  For attorneys, I believe that this program could be used in several ways, including speaking depositions.  You can quickly and easily assign voices for the attorney(s) and the deponent and listen to your depositions while away from the office.

Narrator earned 3.5 mice (out of 5) from Macworld, and you can learn much more about this product and even download a demo version by clicking HERE.

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The hosts of the MILO Chat podcast (Victor Medina, Finis Price,  Grant Griffiths, and Ben Stevens) have established a weekly posting schedule now, and this week's episode, Volume 6a, is available.

No special guests this week, just your loyal hosts discussing the latest and greatest in Mac technology, with a focus on recording and sound hardware.  You can access MILO Chat Weekly, Vol. 6a as follows:

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My friend and technologist extraordinaire Finis Price at TechnoEsq has published TechnoEsq Trial Videos as a repository for trial videos of substantial court proceedings.  These videos are provided for educational purposes and free of charge to view or download. 

I believe that this will be a great resource for both new lawyers and experienced attorneys alike, as it's always interesting to watch other attorneys in action. The site is divided into the following categories for easy navigation: plaintiffs, defendants, opening statements, and closing statements.  If you haven't visited TechnoEsq recently, check it out and let Finis know what you think of his video repository.

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In a record for efficiency on our part, the latest MILO Chat Podcast (Vol. 5) was recorded and published today.  Of course, our regular panelists are Victor Medina, Finis Price,  Grant Griffiths, and  Ben Stevens (though I was unable to participate in this episode because I was in Court).

This week's episode features a special guest, Jason Falls, who is the director of social media for Doe-Anderson, a brand-building agency in Louisville, KY.  Jason was kind enough to share his thoughts on the current state of social media and ways that this technology can be leveraged by attorneys in their practices.

You can access MILO Chat Weekly, Vol. 5 as follows:

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The New York State Board of Law Examiners recently announced that it will not allow its examinees to take the bar exam on their Macs.  Apparently, the exam software is designed to only run on Windows systems, and the board included this clause in its laptop policy, warning in capital letters: "We do not support Apple products in any form including Intel-based laptops running Boot Camp -- no exceptions."  As if it's not stressful enough taking the bar exam, in my opinion, being forced to do so on a Windows PC should be considered "cruel and unusual punishment."

Source:  "A Windows-Based Bar Exam Policy: No Macs Allowed" by April Dembosky, published in The New York Times.

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