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Thursday, December 26, 2013
Virtual Paralegals: Forming a Magical Team
Are you thinking about working virtually but don’t know how to get started? Paralegal Voice co-host Vicki Voisin welcomes virtual professionals Tina Marie Hilton, owner of Clerical Advantage and Cathy L. Ribble, ACP, owner of Digital Paralegal Services, LLC, to spotlight virtual paralegals and how to form a magical team. Tina and Cathy share their personal experiences, the important skills needed to be a successful virtual professional, as well as the websites and blogs that they visit often for their businesses. They also predict a very bright future for virtual professionals and provide their reasoning for that.
What’s Next for RSS Feeds and News Readers?
After much anticipation, Google Reader has left the webosphere. Users have until July 15th to grab their data from the app and find a replacement. So, what’s next? On this edition of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell will discuss news-reader app options and the future of RSS feeds. In the second half of the episode your hosts ask whether Google Search is still the best search engine. Dare they suggest that users divert from the Google conglomerate? Tune in to find out.
Thanks to our sponsor, Transporter.
Thanks to our sponsor, Transporter.
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NJ governor signs in-state tuition bill for undocumented immigrants
[JURIST] New Jersey Governor Chris Christie [official website] signed a controversial immigration bill [A1659/S2355, PDF] Friday that will allow students in the country illegally to be eligible for in-state rates to attend state colleges, effective immediately. Christie's administration and the state senate reached a compromise on what has been known as the state's version of the DREAM Act on Friday, which scrapped the Democratic Party's proposal to include tuition assistance grants. Before the law was passed, children of undocumented immigrants...
Source: http://jurist.org/paperchase/2013/12/nj-governor-signs-tuition-bill-for-undocumented-immigrants.php
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Wednesday, December 25, 2013
Paralegal Career Opportunities in Litigation Support
On The Paralegal Voice co-host Vicki Voisin welcome’s guests Ann L. Atkinson, ACP, NALA President, Michael Potters, CEO/Managing Partner of Glenmont Group, Inc. and Patrick Oot, co-founder of the Electronic Discovery Institute for a lively discussion about career opportunities for paralegals in the area of litigation support, particularly eDiscovery and technology.
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Inquiry reveals UK officers may be complicit in torture of terror suspects
[JURIST] The British National Security and Intelligence Committee revealed in a report [text, PDF] on Thursday that an investigation has found evidence that Britain has been complicit in the torture and rendition of terror suspects. The investigation was run by Sir Peter Gibson [materials], a retired judge, and involved reviewing 20,000 top secret documents released after the 9/11 terrorist attacks [JURIST backgrounder]. Although Gibson found no evidence that officers were directly involved in the torture of detainees, he recommended further...
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FCPA Compliance — A Case for Integrated Technology Solutions
This podcast focuses on how technology can help companies strengthen their FCPA compliance programs and make them more effective and defensible. Learn the importance of a technology solution that is configurable to address a company’s specific business needs that include: regulatory intelligence, policy management, monitoring and ongoing auditing of controls, and investigation of incidents and allegations.
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New Mexico Supreme Court Legalizes Same-Sex Marriage
The New Mexico Supreme Court legalized same-sex marriage in the state Thursday, finding that banning such marriages violates the state constitution's equal-protection clause.
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What Honeybaked Ham Can Teach Us About the Future of Ediscovery
Bring your own device (BYOD) and bring your own cloud (BYOC) policies have become increasingly prevalent in the corporate world. Analyst firm Gartner predicts that by 2017, half of all employers will require employees to provide their own technology devices for work. How these changes will impact employers and the discoverability of data on employee’s personal devices are topics that will likely predominate discussions of ediscovery in the future. Join Michele Lange, Kroll Ontrack’s Director of Thought Leadership, along with colleagues Alan Brill and Chris Wall for this edition of The ESI Report as they discuss the recent Honeybaked Ham case and the effect it has on these timely ediscovery issues.
• Alan Brill, Senior Managing Director of Kroll Advisory Solutions, is founder of Kroll’s high-tech investigation practice and a consultant for law firms and corporations concerning computers and digital technology. He has appeared on 60 Minutes, Good Morning America, The Wall Street Journal, USA Today, and many other programs and publications.
• Chris Wall, Senior Account Executive for Kroll Ontrack, counsels legal professionals on ways to locate, filter, and produce electronic documents, as well as how to safeguard the integrity of electronic data when litigation is imminent.
• Alan Brill, Senior Managing Director of Kroll Advisory Solutions, is founder of Kroll’s high-tech investigation practice and a consultant for law firms and corporations concerning computers and digital technology. He has appeared on 60 Minutes, Good Morning America, The Wall Street Journal, USA Today, and many other programs and publications.
• Chris Wall, Senior Account Executive for Kroll Ontrack, counsels legal professionals on ways to locate, filter, and produce electronic documents, as well as how to safeguard the integrity of electronic data when litigation is imminent.
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What Would Atticus Have Done?
Hearing that the mob was going to storm the jail and lynch Tom Robinson, the fictional Atticus Finch stood at the doorway to block their entrance. Among criminal defense lawyers, Atticus Finch is revered as a paragon of honor. Not all lawyers saw it that way.
Yesterday was Race Day at the New York Times, where two op-eds argued the failure of a certain verdict in Florida was due to the one word unspoken throughout the trial, race. In a "surprising" choice that suggests the power of an excellent public relations team, one op-ed was by Gloria Allred's daughter, Lisa Bloom, who, after explaining the basis for her assumption about what was inside George Zimmerman's head, illuminated the race issue with the insightful:
This isn't a legal argument, however. Bloom and Yankah are both writing from the legal perspective, but what they are writing about isn't legal. It's sociological, a condemnation of a society that is still racist despite having a black president. Anyone who thinks it's "problem solved" is delusional.
But Yankah contends that it is "the simplest of truths: that race and law cannot be cleanly separated." Cleanly? No, it probably can't be cleanly separated, though it's similarly unclear that this constitutes "the simplest of truths." There is nothing simple about it.
It gives rise to a troubling question, that Yankah fails to adequately address and is way over Bloom's head.
Does the introduction of race by the prosecution into Zimmerman's perceptions alter the rule of self-defense? Does it render his subsequent conduct unlawful, even if it would have been lawful otherwise? Should there be two rules of law, one for interactions between people of different races where perceptions of the significance of conduct is assumed to be racially related, if not motivated?
To point out that we still live in a society where race remains a pervasive unresolved issue is to state the obvious. To suggest that the criminal law should accommodate it is to present an intractable problem. Atticus Finch didn't hesitate to put his life on the line for his client, a black man accused of raping a white woman. But he didn't do enough because he didn't confront the racist society in defending Tom Robinson?
If the prosecution had been allowed, and inclined, to argue that George Zimmerman's conduct was racially motivated, and that his ultimate decision to shoot and kill Trayvon Martin was, at least in the tiniest of ways, based upon his race, would that have rendered his belief that he was about to suffer death or serious injury unreasonable? If his head was being beaten against concrete by a white youth, as opposed to a black youth, would the harm have been different?
The argument that this scenario would never have commenced had Trayvon Martin been a white youth in a sports jacket and khakis is likely true. It's pure speculation no matter how much your head screams "yes, yes, yes," of course, but still. Yet how would the law have been any different at the point where a shot was fired?
If we are to have a nation of laws to guide ourselves, how do we draw these vague, fuzzy lines where the law ceases to apply, where it's a free for all, where there is no longer a fixed right and wrong and everything becomes a matter of feelings, assumptions and personal perspective? Yankah may be right that race and law cannot be cleanly separated in our collective consciousness, but then we cease to be a nation of laws when we ignore one for the other.
You might prefer that to happen here, but will you feel the same when you sit in the defendant's chair? So what would Atticus Finch have done? He would have defended George Zimmerman based on the law, even if he failed to meet Monroe Freedman's expectation that he not be morally ambiguous. Atticus Finch would have still been the paragon of honor, even in the face of societal condemnation. That's what criminal defense lawyers do. That's what we are sworn to do.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
In 1992, Monroe Freedman, a legal ethics expert, published two articles in the national legal newspaper Legal Times calling for the legal profession to set aside Atticus Finch as a role model. Freedman argued that Atticus still worked within a system of institutionalized racism and sexism and should not be revered. Freedman's article sparked a flurry of responses from attorneys who entered the profession holding Atticus Finch as a hero, and the reason they became lawyers. Critics of Atticus such as Freedman maintain that Atticus Finch is morally ambiguous and does not use his legal skills to challenge the racist status quo in Maycomb.While Atticus might have fulfilled the highest calling of a lawyer, Freedman saw the character as failing his calling as a human being in a racist society, and considered that to be a fatal flaw.
Monroe H. Freedman, ""Atticus Finch, Esq., R.I.P.,"" 14 LEGAL TIMES 20 (1992); Monroe H. Freedman, ""Finch: The Lawyer Mythologized,"" 14 LEGAL TIMES 25 (1992) and Monroe Freedman, Atticus Finch – Right and Wrong, 45 Ala. L. Rev. 473 (1994).
Yesterday was Race Day at the New York Times, where two op-eds argued the failure of a certain verdict in Florida was due to the one word unspoken throughout the trial, race. In a "surprising" choice that suggests the power of an excellent public relations team, one op-ed was by Gloria Allred's daughter, Lisa Bloom, who, after explaining the basis for her assumption about what was inside George Zimmerman's head, illuminated the race issue with the insightful:
Huh?In contrast, Cardozo lawprof Ekow Yankah invokes the spirit of his fellow lawprof, Freedman, in writing:
The anger felt by so many African-Americans speaks to the simplest of truths: that race and law cannot be cleanly separated. We are tired of hearing that race is a conversation for another day. We are tired of pretending that “reasonable doubt” is not, in every sense of the word, colored.This conforms with my assumption as well. I find it impossible to believe that Zimmerman's perception of Martin as being "a punk" wasn't colored by race. Sure, there was also youth and attire, but it was part of the whole package. And to the extent that his skin color played a role in his perception that this was a kid who needed to be followed, who posed a threat of doing something wrong, it is racist. Maybe not white hooded, cross-burning racism, but racist nonetheless.
Every step Mr. Martin took toward the end of his too-short life was defined by his race. I do not have to believe that Mr. Zimmerman is a hate-filled racist to recognize that he would probably not even have noticed Mr. Martin if he had been a casually dressed white teenager.
This isn't a legal argument, however. Bloom and Yankah are both writing from the legal perspective, but what they are writing about isn't legal. It's sociological, a condemnation of a society that is still racist despite having a black president. Anyone who thinks it's "problem solved" is delusional.
But Yankah contends that it is "the simplest of truths: that race and law cannot be cleanly separated." Cleanly? No, it probably can't be cleanly separated, though it's similarly unclear that this constitutes "the simplest of truths." There is nothing simple about it.
It gives rise to a troubling question, that Yankah fails to adequately address and is way over Bloom's head.
What is reasonable to do, especially in the dark of night, is defined by preconceived social roles that paint young black men as potential criminals and predators. Black men, the narrative dictates, are dangerous, to be watched and put down at the first false move. This pain is one all black men know; putting away the tie you wear to the office means peeling off the assumption that you are owed equal respect. Mr. Martin’s hoodie struck the deepest chord because we know that daring to wear jeans and a hooded sweatshirt too often means that the police or other citizens are judged to be reasonable in fearing you.Being fully willing to accept that race factored into Zimmerman's perception, based on my own personal bias, the question that remains unanswered is what should the law have done about it?We know this, yet every time a case like this offers a chance for the country to tackle the evil of racial discrimination in our criminal law, courts have deliberately silenced our ability to expose it. The Supreme Court has held that even if your race is what makes your actions suspicious to the police, their suspicions are reasonable so long as an officer can later construct a race-neutral narrative.
Does the introduction of race by the prosecution into Zimmerman's perceptions alter the rule of self-defense? Does it render his subsequent conduct unlawful, even if it would have been lawful otherwise? Should there be two rules of law, one for interactions between people of different races where perceptions of the significance of conduct is assumed to be racially related, if not motivated?
To point out that we still live in a society where race remains a pervasive unresolved issue is to state the obvious. To suggest that the criminal law should accommodate it is to present an intractable problem. Atticus Finch didn't hesitate to put his life on the line for his client, a black man accused of raping a white woman. But he didn't do enough because he didn't confront the racist society in defending Tom Robinson?
If the prosecution had been allowed, and inclined, to argue that George Zimmerman's conduct was racially motivated, and that his ultimate decision to shoot and kill Trayvon Martin was, at least in the tiniest of ways, based upon his race, would that have rendered his belief that he was about to suffer death or serious injury unreasonable? If his head was being beaten against concrete by a white youth, as opposed to a black youth, would the harm have been different?
The argument that this scenario would never have commenced had Trayvon Martin been a white youth in a sports jacket and khakis is likely true. It's pure speculation no matter how much your head screams "yes, yes, yes," of course, but still. Yet how would the law have been any different at the point where a shot was fired?
If we are to have a nation of laws to guide ourselves, how do we draw these vague, fuzzy lines where the law ceases to apply, where it's a free for all, where there is no longer a fixed right and wrong and everything becomes a matter of feelings, assumptions and personal perspective? Yankah may be right that race and law cannot be cleanly separated in our collective consciousness, but then we cease to be a nation of laws when we ignore one for the other.
You might prefer that to happen here, but will you feel the same when you sit in the defendant's chair? So what would Atticus Finch have done? He would have defended George Zimmerman based on the law, even if he failed to meet Monroe Freedman's expectation that he not be morally ambiguous. Atticus Finch would have still been the paragon of honor, even in the face of societal condemnation. That's what criminal defense lawyers do. That's what we are sworn to do.
© 2007-13 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.
Source: http://blog.simplejustice.us/2013/07/16/what-would-atticus-have-done.aspx?ref=rss
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Inside Midnight Regulations
Back in June of 2012, the Administrative Conference of the United States approved non-binding "Midnight Rules" guidelines. Midnight rulemaking involves the pushing through of rules by a President, in the last few months of their administration. Host David Yas, a BU Law alum, former publisher of Massachusetts Lawyers Weekly and a V.P. at Bernstein Global Wealth, chats with consultant for the Administrative Conference of the United States, Professor Jack M. Beermann, about Midnight Regulations, the new recommendations and the potential impact on current and future administrations.
Metadata: What You Can’t See Can Hurt You!
Many are hearing about metadata in articles and blogs, but secretly admit that they don’t fully understand what it is. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join Karen Massand, the President of Litéra, to take a look at metadata, whether it takes an expert to find metadata in documents, leaking hidden data, and the new metadata problem caused by the "bring your own device movement".
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Tuesday, December 24, 2013
I’ll Tumblr for Ya
While Facebook, LinkedIn and Twitter draw the lion’s share of social media attention, there are many other social media platforms available to lawyers. Tumblr, Pinterest and Foursquare are just a few of the alternatives. How can you evaluate which of these tools might be worthy of your time and effort? On The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell survey the lesser-traveled landscapes of the social media world, identify some tools that might make sense to some lawyers in some scenarios, and speculate about the future of specialized social media tools.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/ill-tumblr-for-ya/
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Communicating with Clients
On The Paralegal Voice host Vicki Voisin welcomes guest Beverly Michaelis, president of Oregon Law Practice Management, to talk about the changes in lawyer-client communication since the Internet, and how lawyers can best communicate with their clients. Michaelis is a member of the Oregon Trial Lawyers Association, Oregon State Bar, and American Bar Association. She also has more than experience in the legal field as a lawyer and legal assistant.
Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2013/03/communicating-with-clients/
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Rising Up: How “Large Enough” Law Firms are Winning the Market Share
In this edition of Legal Toolkit, co-hosts Jared Correia and Heidi Alexander invite members of the LexisNexis team to discuss their latest report, Enterprise Legal Management Trend Reports, 2013 Mid-Year Edition: The Rise of “Large-Enough” Law Firms. The report concluded that the nation’s largest law firms are losing the market share to smaller rivals, referred to as the “large-enough” law firms. Correia and Alexander speak to Kris Satkunas and Mike Haysley of LexisNexis CounselLink to further define the results regarding law-firm size, economic breakdown, and how all law firms can use this information to their advantage.
Director of Strategic Consulting Satkunas leads the CounselLink team in advising corporate legal department managers on improving operations with data-driven decisions. She is an expert in managing the business of law and in data mining, with specific expertise in matter pricing and staffing, practice area metrics and scorecards.
Director of Strategic Services Haysley helps corporate legal departments manage the business of law. With more than 15 years of experience working with large legal organizations, Haysley works with an expert team at LexisNexis to advise legal departments on improving operations and results.
Director of Strategic Consulting Satkunas leads the CounselLink team in advising corporate legal department managers on improving operations with data-driven decisions. She is an expert in managing the business of law and in data mining, with specific expertise in matter pricing and staffing, practice area metrics and scorecards.
Director of Strategic Services Haysley helps corporate legal departments manage the business of law. With more than 15 years of experience working with large legal organizations, Haysley works with an expert team at LexisNexis to advise legal departments on improving operations and results.
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Rising Up: How “Large Enough” Law Firms are Winning the Market Share
In this edition of Legal Toolkit, co-hosts Jared Correia and Heidi Alexander invite members of the LexisNexis team to discuss their latest report, Enterprise Legal Management Trend Reports, 2013 Mid-Year Edition: The Rise of “Large-Enough” Law Firms. The report concluded that the nation’s largest law firms are losing the market share to smaller rivals, referred to as the “large-enough” law firms. Correia and Alexander speak to Kris Satkunas and Mike Haysley of LexisNexis CounselLink to further define the results regarding law-firm size, economic breakdown, and how all law firms can use this information to their advantage.
Director of Strategic Consulting Satkunas leads the CounselLink team in advising corporate legal department managers on improving operations with data-driven decisions. She is an expert in managing the business of law and in data mining, with specific expertise in matter pricing and staffing, practice area metrics and scorecards.
Director of Strategic Services Haysley helps corporate legal departments manage the business of law. With more than 15 years of experience working with large legal organizations, Haysley works with an expert team at LexisNexis to advise legal departments on improving operations and results.
Director of Strategic Consulting Satkunas leads the CounselLink team in advising corporate legal department managers on improving operations with data-driven decisions. She is an expert in managing the business of law and in data mining, with specific expertise in matter pricing and staffing, practice area metrics and scorecards.
Director of Strategic Services Haysley helps corporate legal departments manage the business of law. With more than 15 years of experience working with large legal organizations, Haysley works with an expert team at LexisNexis to advise legal departments on improving operations and results.
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Defending Big Data
On this October edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, chats with Mark Melodia, partner at Reed Smith and Antony Kim, a partner at Orrick, to discuss the Law Technology News October cover story, Defending Big Data.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/10/defending-big-data/
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Ringler's Top Ten on Structured Settlements
Even though structured settlements have been around a long time, false impressions about products and services still remain. There are a lot of moving parts involved in a claim’s settlement, and lots of financial and legal information swirling around the process. In this podcast, Ringler Radio host Larry Cohen joins colleagues, Jim Early and Bill Wakelee, to debunk the misconceptions sometimes seen in the structured settlement industry, and clarify through their top ten on structured settlements.
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Monday, December 23, 2013
I’ll Tumblr for Ya
While Facebook, LinkedIn and Twitter draw the lion’s share of social media attention, there are many other social media platforms available to lawyers. Tumblr, Pinterest and Foursquare are just a few of the alternatives. How can you evaluate which of these tools might be worthy of your time and effort? On The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell survey the lesser-traveled landscapes of the social media world, identify some tools that might make sense to some lawyers in some scenarios, and speculate about the future of specialized social media tools.
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/07/ill-tumblr-for-ya/
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