March 10, 2011 by Dan Siegel.

For most people, the word “computer” conjures up images of a traditional desktop computer and monitor, or perhaps a laptop or even a netbook. Few, if any, would associate the word with their cellular phone. However, it is undeniable that modern cell phones are, more and more, performing tasks for which we would ordinarily use our computers. We can check our email, surf the web, stream music and videos, and download software, all with a little device that fits in our pocket.

Recently, in United States v. Kramer, 2011 U.S. App. LEXIS 2367 (8th Cir. 2011), the United States Court of Appeals for the Eighth Circuit held that, under the definition provided by 18 U.S.C. § 1030(e)(1), even a cell phone used only to make phone calls and send text messages constitutes a computer. This statute defines a computer as a device which “performs logical, arithmetic, or storage functions.” The Eighth Circuit determined that a cell phone performs logical, arithmetic, or storage functions “each time an electronic processor performs any task—from powering on, to receiving keypad input, to displaying information.” According to the court, even the most basic function of a cell phone—placing a phone call (I forgot they could do that!)—requires the phone’s processor to perform logical, arithmetic and storage functions. Therefore, even cell phones without internet access and web browsers constitute computers under this statute.

The implications of this decision are far-reaching. First, 18 U.S.C. § 1030, the “Fraud and related activity in connection with computers” section of the Federal Crimes Code, now applies to fraudulent access and usage of cell phones. Additionally, as was the case for Neil Scott Kramer, defendants may face a sentencing enhancement for “use of a computer” to facilitate the commission of certain crimes. Further, this could open the door to new rules regarding searches and seizures of cell phones, and could broaden laws relating to computer hacking and internet crimes. It remains to be seen whether other courts, including the United States Supreme Court, will agree with the Eighth Circuit’s analysis.

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January 27, 2011 by Dan Siegel.

Clients look at websites, other counsel look at websites and - not surprisingly - so do legal malpractice carriers. In fact, they use the sites as a way of verifying that the information contained in a law firm’s applicable for malpractice insurance is accurate and consistent with their marketing statements. According to an article, “The Underwriter Speaks, How Your Professional Liability Insurance Carrier Looks at Law Firm Websites,” published in the January 2011 newsletter from Minnesota Lawyers Mutual Insurance Company, “The website can be a great resource for underwriters to gather data such as lawyer’s bios and avoiding the need to go back to the applicant to obtain the description. It is also not uncommon for underwriters to discover inconsistencies with an application as well as omissions. These discoveries trigger underwriting red flags.” To read the entire article, click here.

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December 21, 2010 by Dan Siegel.

For years, I have written and lectured about the bump-up in productivity that results when you use a large monitor. But, like many people, I’m not a big fan of dual screens, and the price difference between 22/23 inch and larger monitors has been dramatic. But not anymore. I just purchased a 27 inch Samsung monitor for $259.99 at BJ’s, and the display is gorgeous. More importantly, it’s obvious just how much more I can see and how much more productive it makes me (less scrolling up and down and less scrolling side to side) - something I emphasize in my program, How to Do 90 Minutes of Work in 60. In particular, it makes side-by-side viewing (the “snap” feature in Windows 7) extremely useful. 

For some programs - like LexisNexis CaseMap - the ability to see more is a big plus. One of the difficulties with CaseMap on a small screen is the fact that it’s hard to see all the columns and therefore harder to see the “big picture.” When I opened CaseMap on the 27 inch monitor, however, the result was “Wow,” not only by me, but by my associate, Molly Barker Gilligan, Esquire, who had been compiling a CaseMap database on her “puny” 22 inch monitor. Her eyes and mine “popped” at how much better the program looked and how much easier it was to view everything. This gives me a new suggestion in conjunction with my book, The Lawyer’s Guide to LexisNexis Case Map.

 I frequently suggest to clients that they purchase larger monitors but have, until now, generally recommended that 22 or 23 inch is sufficient. Not anymore. Now, with 27 inch monitors so cheap, they are clearly the way to go.

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October 27, 2010 by Dan Siegel.

In February 2009, I was contacted by a potential client, who was opening a law office. I recommended that he purchase case management software, Adobe Acrobat Professional and a scanner; he also needed time and billing software. Because he was just starting and wanted to focus on the time and billing software, I explained that the ideal product for him was one I did not support and offered to refer him to another consultant who is an expert on that product. He declined. Instead, at the recommendation of friends, he purchased a time and billing product from that is designed for mid- to large-sized law firms, even though I explained it really wasn’t for him. He insisted, and I processed the sale.

Now, roughly 18 months later, he has contacted me again. The software he bought, he discovered, isn’t right for him and he isn’t using it. Instead, he wants to know what I know about another product, recommended by his IT person. I don’t know much about the product, except that it probably isn’t right for him, but he wants it because his IT consultant - who does hardware and networks, not legal technology - has used it. He’s headed for more wasted money, at least if history repeats, as DeToqueville has reminded us.

I say it to clients, I say it in lectures, and I’ll say it here. Don’t buy software because your friends like it. That doesn’t mean it will work for you.

Don’t buy software because your IT person likes it. That doesn’t mean it will work for you.

Figure out what you need, then evaluate the products, and then make a decision. If, after that process, your friend or your IT person’s product is the right one - Great. But if not, buy what you need. That’s why we try on clothes, they may look great in a magazine, but not so hot on us.

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April 3, 2010 by Dan Siegel.

The latest issue of Lawyers USA has a interesting (albeit brief) summary of an ABA program, Dangerous Curves Ahead: When Legal Ethics and Technology Collide,” presented by Catherine Sanders Reach, Director of the ABA Legal Technology Resource Center. Knowing Catherine, I am sure that the program was interesting and thoguht-provoking. It covered issues, including the Model Rules, Metadata, Email, Social Networking, and Data Security. The topic paralleled a PBI in which I participated, “How Your Computer Can Get You Into Trouble;” it’s also the topic of an article I’m writing for Trial magazine (journal of the American Association for Justice) this fall.

Of greatest importance, the article (and Catherine’s program) highlight the need to be judicious with your use of technology; it’s so easy to take things for granted.

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March 4, 2010 by Dan Siegel.

Upgrading to Windows 7 can be an adventure if any of your hardware or software has any incompatibility. It’s worse, however, if you order a new computer and it arrives unbeknownst to you with a bad/corrupted installation of Windows 7. Mine did. Windows 7 Ultimate began as Windows 7 “the pits.”

So what did I do? I trudged ahead, using repairs, trying to make things work. Nothing helped. Programs didn’t work, and I was at wits end. Yes, I called Dell, and the first tech I spoke to didn’t know anything - and thus began my trek with Dell that has proven unequivocally that the only person in America who works for Dell must be Michael Dell. In this post, you can read how poor Dell’s support has sunk.

No one had any idea what to do, although they all suggested reinstalling because - well, why not? Never was I given a logical explanation. Then, my system crashed (yet again) and the RAID (the hard drives that mirrored each other) stopped working. At this point, I had probably spent 4 to 6 hours on the phone with Dell, to no avail. This time around it was really fun because no one seemed to know how to diagnose or repair the problem. It took 2 hours to speak with someone who knew how. We resolved the issue, but the Registry had become so corrupt that virtually none of my software worked anymore.

So, I decided to reinstall the operating system. I called Dell, got bounced from one technician to another - and all they seemed to want to do was sell me service contracts - even though I had one. After nearly two hours, I spoke with someone who helped me. Of course, he never told me that you can’t reinstall Windows 7 unless every USB accessory is unplugged, so the reinstall failed and we had to do it again. Then it worked.

Now the system works fine, but I spent at least 12 to 16 hours on the phone with Dell. When I called the number they said was for my computer, they said it wasn’t, and it was an adventure in how not to treat a customer.

But that wasn’t all. Before this, I was trying to find out which toner was the proper one for my Dell printer, and the website wasn’t helpful. So I tried online tech support. Not only didn’t the person know, but he admitted that he was handling three chats at once. After an hour, I surrendered and called. What did I learn? The more expensive cartridge was that way because it was refillable (in other words, when it ran out of ink, I could refill it myself), even though every printer manufacturer tells you not to refill the cartridge. The rep - Oscar, I believe - then asked if I wanted to order through him. I declined, saying  I would order online. He cautioned me, and said that if I ordered online my order my get canceled because the website was so busy. I’m not kidding, that’s what he said. I ordered online, and guess what, it arrived.

My final adventure is probably the worst. My CD drive on one of my PCs hasn’t worked for ages, so I called last Friday (February 26th) and the rep took the information and said a technician would be dispatched to replace the part. With my next day onsite service, I expected the repair by the 2nd of March. No. Not on the 3rd either. So today, I called for status. Guess what? Dell’s computers have been having problems and they told me (after getting disconnected - no matter what they say, no one calls you back like they promise) they had no information at all. They wanted me to call back. This was after being bounced around for another 45 minutes.

Eventually, a technician, David, said he would take the information. But I was upset at this point and asked to speak with his supervisor - Marlon. Marlon said he really couldn’t help me, and when I asked again and again for the name of the other rep, he refused to provide it, saying he could only provide his name and the other rep would have to give me his name. I was transferred back to David, who disclosed his name (although not many Indians have David as their name, in my experience).

I was still upset. After all, Dell has wasted probably 2 or 3 days of my time, and that doesn’t count the days lost trying to get my fancy new computer to work right - and then the days spent reinstalling all of my software. I wanted customer service, and was eventually transferred to Sharon, who kept telling me she was in Panama, not India. She said all of the same pap that every rep is taught from the womb in an effort to appease unhappy customers. She assured me that she would have me transferred to a manager, not a rep or a supervisor and would not get off the phone until I spoke with one. Guess what, she passed me off to a rep, who again re-ordered my CD drive. This time, however, he was insistent that, despite my contract, I would have to install the new one myself. Eventually, he spoke with his (unnamed) supervisor, who granted permission to have a technician dispatched to do the replacement.

The story doesn’t end here. No, David promised that because of the computer problem he would call me today at 4 p.m. (my time) to confirm that the order for the replacement CD drive was made. First, he had to ask what time zone I was in because he didn’t know where Pennsylvania was, and said that he couldn’t keep track of all that information. And guess what, it’s 5:37 p.m. and no call. Also, the rep who re-ordered the CD (and wanted me to install it myself) told me I would receive an immediate email confirmation of the service order. It’s more than 6 hours later and it’s not in my inbox, my spam box or my junk email box.

I have purchased many, many computers from Dell, and own 4 Dell printers as well, plus a Dell DJ, and other assorted products. Always I have been pleased with Dell’s customer service and technical support. Not anymore. Clearly, these experiences demonstrate that it’s more important to try to make a buck than to satisfy customers - even ones like me who are repeat customers. My efforts to get some adjustment for my hassles were ignored, almost laughed at by Sharon (the rep from Panama), and the tech support people are trained to immediately tell you they can’t help with that, they’re just tech support - even when they don’t have a clue.

I ask Dell - is this what your company has become? Have things gotten so bad that it’s impossible to speak with an American, and that it’s equally impossible to obtain tech support or customer service without wasting hours and hours and days and days on the phone? Is it so bad that when you do get a person they make up ridiculous stories about orders being canceled from the website?

One of my businesses is technology consulting for lawyers. While I deal mostly with software, my clients ask about hardware. Forever, I recommended Dell. Now, how can I?

Next blog — more customer service stories.

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February 2, 2010 by Dan Siegel.

Today, my associate, Molly Barker Gilligan, Esquire, and I made our annual pilgrimage to Legal Tech, the mammoth legal technology trade show in New York. What a difference year makes.

Crowds - last year they were relatively sparse, today the aisles were filled with people.

Liveliness - last year the attendees seemed quiet and reluctant to engage the vendors, today, was the opposite.

It’s clearly a sign that, at least for some in the legal industry, the times are changing. What also remains a shock is how many e-discovery vendors there are, and how they can all possibly stay in business, and thrive.

For us, at Integrated Technology Services, LLC, it was an opportunity to meet with our many partners (including Legal Files, Payne (Metadata  Assistant), Time Matters, Sanction, Concordance, and Summation, to name a few), and to discuss the progress of my upcoming book, The Lawyer’s Guide to CaseMap, which is expected to be published this summer by the American Bar Association. Of course, it was great seeing the many support and sales people from LexisNexis CaseSoft.

But mostly, the show is about taking the temperature of legal technology, which clearly is hot and alive. Attendees we spoke with were upbeat about the future and seemed to think the worst is past. We’ll have to see. But certainly, Legal Tech 2010 was a success for Molly and me, and we look forward to the 2011 edition.

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January 12, 2010 by Dan Siegel.

After a roughly nine month hiatus, the  Legal Technology Blog has returned, alive and well. A mix of health issues, a heavy workload, and my campaign for re-election as a Commissioner in Haverford Township (I won re-election by 40 votes), left little time for this blog or my Pennsylvania law blog. But with 2010 here, it’s time for the blogs to return. This blog will continue to comment upon new trends in legal technology, tips to be a more efficient attorney (or support person) and other related topics.

Stay tuned, and thanks for your patience.

Dan Siegel

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March 2, 2009 by Dan Siegel.

A few years ago, I reviewed a book, The No Asshole Rule, for The Philadelphia Lawyer, the Philadelphia Bar Association magazine. Written by Robert Sutton, a Professor of Management Science and Engineering at Stanford University, the premise of the book is that no business should hire, tolerate or perpetuate the employment of “certified assholes,” people who are assholes all the time.

In my review, I wrote (regretfully “tongue in cheek”) that “We are simply blessed that there are no assholes in our legal community and certainly none who fit the moniker of a “certified asshole.” Consequently, Sutton’s premise – that businesses are more productive, more profitable and have a better “atmosphere” when they do not hire, do not retain, and do not promote “certified assholes” – becomes irrelevant. ”

Today, however, brought home just how far my tongue was in my cheek. I circulated my e-newsletter, and sure enough two people opted out (decided they didn’t want to receive the newsletter anymore). And guess what, when I thought of them, I thought of my book review. One is a solo lawyer who didn’t like the idea of paying for my services, so she fabricated stories. For example, she claimed I charged for every phone call when in fact not only didn’t I charge her for phone calls (not once), but I didn’t charge for many other times I assisted her - including once when she cornered me and obtained free training for half an hour at a trade show. The other lawyer hired me for training, I did two sessions and her response was totally positive. She said the sessions were great, never a complaint. Unfortunately, they never paid my bill, and are indignant over the fact that I turned them over to a collection agency. Gee, that I want to get paid is a shock. After all, they claim that they  have “The resources to take on even the largest companies.” It’s easy if you don’t pay your bills.

So, good riddens to each of those subscribers. I should have removed them myself.

If you would like to subscribe to my newsletters, just go to www.techlawyergy.com and fill out the form.

In closing, I must again plug The No Asshole Rule. It is a thoroughly enjoyable quick read that should be on every manager and worker’s mandatory reading list. Although it is unlikely we can ever completely eliminate these venomous vipers from our midst, The No Asshole Rule at least offers hope that more workplaces will adopt the rule and that certified assholes will become extinct. We can only hope.

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December 25, 2008 by Dan Siegel.

It was with sadness that I read the latest issue of PC Magazine. One of the oldest technology magazine, PC Mag had been reinventing itself for some time. From now on, the magazine announced, it will only be available online/electronically, with no more printed issues.

Surprisingly, despite my love of “less paper,” I will miss the paper magazine, and am not an afficianado of electronic-only publications. To the contrary, I like paper publications (and subscribe to dozens). They allow me to read them when and where I want, and to clip articles (and scan them) for future reference. It’s not easy to sit down for lunch in front of a computer screen and read a magazine. My eyes don’t like that method very much.

While the move toward electronic publications is in full swing, and the demise of many newspapers is imminent (or has occurred), the popularity of the Amazon Kindle demonstrates that people still want to “hold” what they’re reading. I love the Kindle for that convenience and rue the fact that I can’t “save” a great book on my bookshelf. But at least I can read it on the El or anywhere else I want — and you won’t be able to do that with future issues of PC Mag.

Perhaps the biggest problem is that the demise of paper publications is becoming a self-fulfilling prophecy. Newspapers regularly eliminate popular features, and use “stock” copy rather than fresh, local material. When they do this, they see their circulation decline, probably as a direct result of the diminished quality of their content. Instead of maintaining the content, they then bemoan the ever-shrinking circulation and make more cuts. It’s a vicious spiral that leads them down the drain.

Let’s hope that magazines and newspapers survive. It’s great that we can read them online, but let’s hope that we never have to.

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