Single Platform Seeks Smart Lawyer: The Case for the iPhone-Only Law Office, Part 1

When was the last time you checked your phone? Was it in the last hour? The last 15 minutes? The last 5? Are you reading this article on your phone right now? Chances are, if you’re a Boomer or a Millennial, you check your phone more than 20 times a day (even during meal times). In fact, according to a report based on a recent Nielsen Poll, the worst offenders aren’t teenagers, they’re people aged 25-54.

Now, I’m not here to cast aspersions, or to chastise you in front of your peers. Just the opposite, in fact. I know that none of us are likely to untether from the grid. We use our phones to respond to clients, take notes at depositions, videochat with remote business associates. We have good reasons to be on our phones, and we’re not going to stop using them. So we must create business practices that adhere to the current reality. And for this reality, I postulate that we create iPhone Only law offices. Why?

  1. Lawyers use mobile devices, and ignoring the implications of working on a smartphone is irresponsible.
  2. Using a single platform is better for almost any business, including law firms.
  3. Security, Security and … Security.

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Here’s What Should Be Keeping You Up At Night

Here’s an actual email1 I received from a consulting client at the Center for Practice Management.

Dear Erik,

I think it is time for me to ramp up my firm’s online marketing efforts, but nothing I’ve done so far seems to work. It’s almost frustrating enough to make me miss the Yellow Pages.

Sincerely,

Sleepless in Search Engine Land2

And my reply3.

Dear Sleepless,

I’m sorry to hear about your frustration with online marketing. The place I would start with this is thinking about what keeps your clients up at night. To get your gears turning, here’s a list of things that keeps me up at night:

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By Popular Demand: A Little Help For The Legislative Drafter

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I recently received an email from a reader who asked if I knew of any good resources on drafting legislation. At the time, nothing specific came to mind, and I made a note to myself to do some investigating when time permitted. This week, time finally permitted.

I always start these investigations by looking through the hundreds of books on my office shelves.1 I receive exam copies of legal writing books on a weekly basis, and often, if I look patiently, I can find one that meets a particular need. So yesterday, I began skimming titles, looking for something pertaining to legislative drafting. And lo and behold, right there it was: Plain English for Drafting Statutes and Rules.2

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Encrypt It, Restrict It, Firewall It: The Panama Papers’ Security Lessons for Lawyers

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The leak of the Panama Papers has done more than reveal the underbelly of the international tax-dodger trade. This massive security breach, the biggest document leak in history, also serves as a wake-up call for lawyers and law firms about our responsibility to keep client information confidential.

The files, leaked to the International Consortium of Investigative Journalists, came from the Mossack Fonseca law firm in Panama. Their contents are incredibly incriminating for several multinational organizations and many world leaders as they describe the ways powerful and knowledgeable people have gamed the financial system to create tax havens in off-shore accounts. It’s important that you understand the contents and repercussions of the documents, certainly, but even more important is that you understand what this leak means for law firm security in the future.

Here’s the takeaway:

  1. If you keep it, it can be stolen. Encrypt.
  2. If you send it, it can be misdirected. Encrypt.
  3. If you give access to it, it can be retained. Restrict Downloads.
  4. If your data is stored on your network, it can be accessed by anyone who has network permissions. Firewall it.

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On the Ides Of March, a Soothsayer’s Tips On Making Law Partnerships Last

“All happy law firms are alike; each unhappy law firm is unhappy in its own way.” Tolstoy wrote that. Or maybe it was Tolstoy’s lawyer. I forget.

Whoever wrote it, it’s wrong.

Unhappy law firms – and by unhappy, I mean the law firms where the partnership is fracturing – are often unhappy in similar ways and for similar reasons. I regularly do consultations with a couple of lawyers who are planning to open a firm together. It makes sense; starting a law firm is scary, and doing it with someone you like and trust feels like it helps mitigate the risk.

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Beware the Ethics Pitfalls of Social Media Research

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By James M. Dedman IV

Lawyers now find themselves well into the era of social media discovery. Time was, Internet evidence was a novelty, and courts eyed such issues with wonder and skepticism. Cf. St. Clair v. Johnny’s Oyster & Shrimp, Inc., 76 F. Supp. 2d 773, 774 (S.D. Tex. 1999) (“[A]ny evidence procured off the Internet is adequate for almost nothing . . . .”). These days, these inquiries are routine. Accordingly, corporate counsel should be aware of the ethical principles governing social media research in litigation (whether they be conducting such research internally or relying on outside counsel to do so).

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How To Ace the One Appellate Filing That Must Be Perfect

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By Beth Scherer

The North Carolina Bar Association’s Appellate Rules Committee has a long tradition of not only making recommendations regarding the Appellate Rules, but of also producing publications designed to help North Carolina attorneys comply with the Appellate Rules. The Appellate Style Manual, Oral Argument Guides, Oral Argument Comparison Chart, and a Guide to Interlocutory Appeals are just a few of the popular publications produced and regularly updated by our committee.

However, if there is one appellate filing that must be perfect, it is the Notice of Appeal.  Our courts can be forgiving in a post-Dogwood era for many mistakes, but an insufficient, late, or improperly filed Notice of Appeal can deprive the appellate courts of jurisdiction–torpedoing an appeal before it even starts.

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Can I Use a Mac at My Law Office?

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I work with lots of firms that are either starting up or looking to move to the cloud. One question comes up over and over – Can I use a Mac instead of a PC in my firm? The answer is usually YES! However, while the answer may be yes for some attorneys, it’s good to know why the answer might be no for you in particular.

 

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James Ferguson: The People’s Champion

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Long-time North Carolina Bar Association member James Ferguson won the NCBA Litigation Section’s Advocate’s Award last year. Our slide show offers scenes from his 48-year career as a civil rights attorney and leader in the international trial advocacy movement, including work with Bishop Desmond Tutu and Nelson Mandela in South Africa. For the full story, see the most recent edition of North Carolina Lawyer, which features Ferguson on the cover.

[slideshare id=58918752&doc=prettyferg-160301160851]

Members In Focus – Melissa Duncan

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Members in Focus highlights NCBA members’ special talents and hobbies. Melissa Duncan is Director of Career & Student Development at Elon University School of Law.

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