Archive for December, 2008

MAC Lawyers and Other Zealots

Tuesday, December 16th, 2008

Being a truly independent consultant means that one must often speak unpopular words. Words which promote intellectual dialogue and further thought. That’s the way it should be. Recently, though, my colleague and friend, Ross Kodner, has been under siege from the more extreme devotees of MAC use for the law firm. Writing in a blog post entitled “Sadly, MAC Lawyers Proved the Points in My Most Recent Article,” Ross explains that he has received an unexpected response.

After writing a realistic article, that was actually very pro-Mac use in law practice, the Mac-using legal community responded with mostly mean-spirited personal attacks.

I know how Ross feels, as I’ve received the same responses on a few occasions. The most vivid which comes to mind was in response to a post I made entitled “WordPerfect vs Word” regarding the apparent triumph of Word over WordPerfect in the legal environment. Luckily, I don’t allow comments on the blog, or they would have overrun my size limitations. Suffice it to say I heard plenty off-line, and not much of it was pretty or even civilized.

Well, can’t we all be professional and just agree to disagree? Hang in there, Ross. I know this most recent backlash won’t stop you (or me, or others for that matter) from calling it like we see it. Sometimes we’ll be right, occasionally not. (Although I can say from experience, in Ross’s case, he’s more right than wrong, ever!) I encourage anyone out there to disagree. Just do it professionally and respectfully. This is not personal, after all, even though some of you feel that it is when we “slight” your favorite hardware or software choice.

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Thin Client Technology, IBM, and a Computing World Without Microsoft

Tuesday, December 16th, 2008

It’s been quite a while since I’ve written about the possibilities offered by thin client technology. So long, in fact, that much of what I predicted is finally coming to pass. I’ve written about the rise of Application Service Providers (ASPs) in such articles as “AN ASP IN THE LEGAL GARDEN OF EDEN: ENJOY THE APPLE AND AVOID THE SNAKEBITE” and “IS THERE A CHEAPER COMPUTER IN YOUR FUTURE?” as well as “WEB-ENABLED APPLICATIONS AND SERVICE PROVIDERS.” It’s dissapointing that it took so long for the ASP paradigm to gain momentum in the legal industry, mostly due to concerns over content security, ownership, discovery issues, and so forth. The same consternation which greeted the arrival of the fax machine, and then email, as forms of communication for the law firm and its clients was applied to every possible parameter of an ASP environment.

Before the entire ASP concept was embraced, some firms gingerly explored thin client technology internally as a way to improve security, lower technology infrastructure maintenance requirements, and especially to provide more reliable and improved performance for those working on a virtual office (e.g. remote office) basis.

Now, according to an article in CNet News, IBM is launching a Linux-based collection of virtual-desktop applications that run on a server without the need for desktop hardware–or Microsoft software. The Linux-based software package, which is available now, runs on a back-office server and is accessible to customers using thin client workstations. The Virtual Linux Desktop ranges in price from $59 to $289 per user, depending on level of software and service desired. IBM estimates this could translate to a saving of up to $800 per user, when compared with the cost of maintaining Microsoft’s Vista operating system, Office suite, and collaboration tools.

We’re not talking chump change here folks! That’s a significant savings. If Linux is not on your radar screen, it should be. It’s an open-source very solid operating system which has been around for quite some time, with a very low total cost of ownership.

Looking to Finally Go Paperless?

Tuesday, December 16th, 2008

Lawyers are finally accepting the reality that they need to go digital. It’s the only reasonable solution to the need to work smarter instead of harder. But progress is generally made in fits and starts. That’s because there are few good road maps, despite the articles, seminars and so forth. If you’re a solo or small firm practitioner, the cost is not too dear, but the confusion can be overwhelming. That’s why I want to point you to an article in PC World entitled “Building the Paperless Office” by Joe Kissell of Macworld. Short, well written, and clear as crystal. Take a look. It will demystify a lot, even if you’re not very technically adept.

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FDIC Announces Inclusion of IOLTA in Unlimited Deposit Insurance

Tuesday, December 16th, 2008

Admittedly my most recent post about FDIC insurance limits and IOLTA accounts was overdue. This one is as timely as it gets, folks. In a statement posted to the ABA site today, President H. Thomas Wells Jr. announced and applauded today’s FDIC decision.

We applaud the Federal Deposit Insurance Corporation for clarifying the Temporary Liquidity Guarantee Program to include Interest on Lawyer Trust Accounts. Consistent with its mission to ensure stability in the banking community, the FDIC has acted to protect client funds and assure continued funding for programs that provide legal aid to poor people when economic uncertainties make the need for legal guidance most critical.

As a result of today’s FDIC action, an individual client’s funds deposited in IOLTA are fully insured regardless of the amount.

The ABA, working with state and local bar associations and individual lawyers nationwide, made a persuasive case to the FDIC why IOLTA funds must be included in the expanded insurance program. Had the FDIC failed to expand full coverage for IOLTA, lawyers would have had to consider abandoning IOLTA for fully insured non interest bearing accounts or moving IOLTA funds from community banks to the larger “too big to fail” banks. Abandoning IOLTA would have been catastrophic for IOLTA programs in all 50 states, which provide funding for legal aid for the poor. Moving the accounts to larger banks would have defeated the FDIC’s purpose in creating the TLGP.

The leaders of the House Financial Services Committee and the Senate Banking Committee, more than 20 U.S. senators, members of the House Judiciary Committee and many individual representatives urged the FDIC to include IOLTA in the TLGP. This bipartisan effort by members of Congress, plus the efforts of state government officials, community banks, consumer groups, bar associations and foundations, law firms and individual lawyers nationwide, all emphasized to the FDIC the importance of IOLTA programs as the second largest source of funding for legal services to the poor. With today’s action by the FDIC, IOLTA programs can continue make a real difference in the lives of low-income Americans.

The final rule for the Temporary Liquidity Guarantee Program was approved by the FDIC Board of Directors on November 21, 2008 and is available on their site here. This is certainly a wonderful statement, a solid FDIC decision, and very good news for lawyers and firms nationwide. [Of course, it just wouldn't be me if I didn't point out that the ABA needs a good proofreader in the web support department. :-) ]

Wells is a member of the Alabama State Bar Association. Words of congratulations and a big nod of appreciation were posted in a memo to the members of their bar association. It states, in part:

The support of Alabama’s Senators and Congressmen was also instrumental in gaining protection for client funds in excess of $250,000 held in lawyers’ IOLTA accounts. More than half of the 750 comments the FDIC received regarded IOLTA, proving once again how much lawyers care about access to justice.

Although I haven’t heard anything specific yet, I’m fairly certain that the legislative department of the Pennsylvania Bar Association was key to mobilizing support from Pennsylvania attorneys as well.

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