The Pennsylvania Bar Association publishes the Pennsylvania Lawyer magazine six times a year. The magazine, which has a circulation of approximately 25,000, has published one of my articles, “How to Navigate Cybersecurity in 2018,” in the March edition. The article covers tips a law firm can take to protect itself from cyber threats.
If you’re a Pennsylvania Bar Association member, look for the magazine in your mailbox. The publication is also distributed to the news media and libraries.
Bar panels in at least four jurisdictions now say it is unethical to use “web bugs” or other email tracking software to monitor how and when recipients review and circulate emails and other electronic documents.
With some email apps offering read receipts, email tracking is pretty easy for anyone to set up. Many people, lawyers included, probably enable it without second thought. Something to have on your radar. UPDATE: In Illinois at least, certain types of read receipts are acceptable.
Hat tip to David Roth for posting a link to the story on Twitter.
While the ABA may liken a “passive” review of potential jurors’ social media to “driving by,” it is not always so simple. The distinction comes when the researcher must log in, or take some affirmative identifying step before accessing the information.
The ethics rules on using social media to investigate jurors differ from state to state, so you’ll have to do some homework in your jurisdiction. In some places, the notification email a service like Twitter sends when you follow someone can by itself be an ethics violation.
The Legal X Conference takes place this week in Park City, Utah, running from Thursday, September 14 through Friday, September 15. Legal X focuses on issues in Plaintiff Law, and takes place at the Treasure Mountain Inn at the top of Park City’s Main Street
I’ll be speaking this year. My topic is “Set Your Practice on Auto-Pilot,” and I’ll be talking about automation tools to up your personal productivity game. Other topics will cover how to hire and train your staff, effective case management strategies, facilitating the intake process, and more.
I believe there are still a few openings, so you can register for the conference.
I’ve mentioned this already on Twitter, but realized I’ve never discussed it here – back in October, I put Han Solo on trial, and I have the video to prove it. I acted as the prosecutor and Edward Paskey, Esquire acted as defense counsel in a mock trial before the Honorable Joseph C. Adams, President Judge of the York County Court of Common Pleas. The name of the case was The Galactic Empire v. Han Solo, and it was presented before approximately 60 “jurors” who were on hand to get a CLE credit.
The point of the “trial” was to demonstrate the use of the iPad and other technology in the courtroom. After making our closing arguments, Attorney Paskey and I deconstructed how we used technology in our respective cases, including the use of timelines, medical exhibits and models, exhibit annotations, maps, transcript call outs, and more. The main tools we used were TrialPad and Keynote.
Judge Adams recorded the trial, and edited it into a final product that is quite slick:
I don’t practice criminal law, which is probably obvious from the video. In preparation, I also worked backwards – I started with the technology and videos I wanted to demonstrate, and tried to craft a somewhat coherent argument around them. While this isn’t how you would want to handle a real case, I think the “trial” went off well for its intended purpose.
I’ve uploaded a digital version of the information we gave to attendees at the trial/seminar.
I want to give a special thank you to Mark Metzger, from whom we stole the idea. He did something similar at the MacTrack Legal Conference (then called MILOfest) in Orlando in 2015.1 Mark was also kind enough to send me many of the Star Wars assets we used in the trial.
If you use a Mac, this conference is a must-attend. ↩