Inside
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July 2009, vol. 17, no. 1
Inside The Amazon Kindle 2: How do I love (and hate) thee, let me count the ways To Pre or not to Pre: My initial impressions of Palm’s new smart phone It’s not often we include an obituary within this newsletter, but this was no ordinary ISBA member. Retired 10th Circuit judge James McNabb Bumgarner, died April 3 at age 89 in his Port St. Lucie, Fla., home. As he was affectionately known to the Committee on Legal Technology, Jim came to the committee about 1995 after he was recalled to the bench in the 10th Circuit for the second time. Realize that this extraordinary man’s desire was to learn how technology could assist the legal profession in general, and how it could aid courtrooms as well. He was a spry and wide-eyed 75 years old. He thirsted to see how he could capture technology and wring the best out of it. Jim graduated in 1942 from the Aviation Cadet Pilot Training School at Chanute Field in Rantoul and became a pilot in the Army Air Corps during World War II. Recalled in 1951 to active duty in the Air Force, Jim was a staff judge advocate in Japan and Germany. Subsequently the chief appellate government counsel in criminal appeals in Washington, D.C., he served later in Vietnam. He received the Legion of Merit and the Air Force Commendation Medal before retiring from the service in 1974 as a colonel. After WW II, Jim received a law degree in 1946 at the University of Illinois and began practicing law in McNabb, Rantoul, and Mattoon. A technical adviser to the Illinois Environment Protection Agency in Springfield for five years, Jim was appointed to the circuit court in 1979 and was elected Putnam County judge the next year. He returned to private practice in 1989 but was recalled to the bench in 1991 and 1995. He embraced new technologies and youthful attorneys who would take that new technology to new heights in the legal profession. Jim loved many things. He loved his family; loved Illinois; loved the law; loved the ISBA, loved his country, and loved good company. From a personal note, Jim was a man whose ethics and decency inspired me. His enthusiasm and his charm exuded and became infectious to all. I spoke on several occasions regarding ARDC actions, and he would slowly shake his head—these usually can be traced to bad judgment or just greed. He then would want to change the subject to more pleasant topics and would wonder what advancements would be next. Jim was fondly remembered at the annual CoLT meeting recently held in Lake Geneva. The memories will be lasting and his footprints indelibly forward—always forward. We’ll all miss you, Judge Jim! Adieu! ■ __________ In this—my last—From the Chair column, it seems appropriate to look back on the year that was and forward to the continuing mission of this fine Committee. COLT’s Mission. I find it helpful to periodically review our mission statement, which succinctly describes what we do. CoLT’s mission is: • To advise ISBA members on the implementation of technology in their law practices; • To advise other ISBA section and committees on proposed projects; • To advise other legal entities on the development of programs and systems to better circulate information to the public and expedite the practice of law on all levels; • To develop a communications network for use of ISBA members, with membership on the system available upon membership in the ISBA; • To serve as a clearinghouse for technical information; and • To serve as a liaison between the ISBA and other bar associations, as well as non-legal entities which address technology issues. In other words, we’re here to help the ISBA as an organization and our members with tech issues. COLT’s Priorities. At the beginning of my term, we identified several priority areas for the Committee. I am happy to report that we have made substantial progress in each of the areas. 1. Electronic Courts in Illinois. CoLT has sharpened its focus on the issue of electronic courts in Illinois, following the Illinois Supreme Court’s May 2008 pronouncement on the issue (see http://www.state.il.us/court/media/PressRel/2008/052308.pdf). Our subcommittee on electronic filing contributed an article on the status of e-filing in Illinois that has been published in the July edition of the Illinois Bar Journal. We hope that article will provide an opportunity to bring together the various voices on e-filing and move Illinois in a direction that will benefit our judicial system. 2. Tech for Lawyers. As pledged, COLT has been a visible and accessible resource for day-to-day tech issues in our practices. We have expanded our AskCOLT question / answer feature to increase its presence and effectiveness in responding to inquiries. We will continue to take advantage of opportunities for new media being developed by the ISBA as it continues develop ways to serve its members. COLT also presented a very successful CLE program in March that focused on the tech issues of interest and benefit to our members’ practices. We will submit another such CLE proposal for consideration in the Winter or Spring of 2010. 3. Resource to the ISBA. Finally, COLT has been a valuable resource to the ISBA itself. We are proud to have been a resource to the ISBA for such issues as e-filing and member benefit review. In addition, we will play a leading role in the Solo & Small firm conference and continue to provide input and assistance regarding the ISBA’s Web site, its blog, and developing more effective ways to perform committee functions, such as legislative review. Closing Remarks. It has been a pleasure to serve as chair for the Committee and I am grateful for the opportunity. The reins have now been passed to the exceedingly capable Bryan Sims, who will lead the Committee—including our other able officers and members—well into the future. Remember to put the Solo and Small Firm Conference on your calendar and e-mail all of your tech questions to AskCOLT@isba.org. ■ __________ I recently received an Amazon Kindle 2 as a gift. This was not something that I was expecting, but I was thrilled to receive it. After using it for just over a month, I have identified some things I love as well as some things I am not so crazy about. First up, five things I love. 1. The sleek, thin design Apple gets a lot of credit for making devices that are sleek and attractive. Here Amazon has clearly followed this model. The Kindle is thin, light, and sleek. It is very light in my hand and is attractive to look at. Additionally, the packaging that it was shipped in was very nice. 2. The e-ink is crisp, clear, and easy to read The electronic ink is a clear winner here. You do not realize how harsh backlit display is until you are able to read a display that is not backlit. The text is easy to read and it causes very little eye strain. 3. The Kindle Store is easy to use You can buy books for your Kindle from Amazon in two ways. First, you can use your computer to browse the Kindle store and purchase the books you want. Once you do this, Amazon automatically transfers the book to the Kindle via the Sprint Whispernet network. Alternatively, you can shop for books directly from the Kindle. You can browse or search the Kindle store. Once you find a book, you can purchase it or you can download a sample. Either way, the purchased book or sample is then transferred to your Kindle via the Whispernet network. The store is easy to use and easy to search. If you have ever bought anything on Amazon before, you will be quite comfortable using the Kindle store. 4. The dictionary function is cool The Kindle comes with a dictionary included. You can move your cursor to the beginning of any word on the page. When you do, a definition of the word appears at the bottom of the page. If you want more information, you can easily go to the dictionary for expanded definitions. Additionally, with just a couple of clicks, you can search the Kindle Store, Google, or Wikipedia for the same term. I would not want to browse the Internet regularly on this device. However, to look something up on Wikipedia, the Kindle works great. 5. The user-friendly features abound Amazon has clearly gone out of its way to try and make the Kindle easy to use. For example, the device not only keeps track of where you are in the book, it also allows you to easily add bookmarks, highlights, and type notes. Additionally, the ability to resize the text is really nice. I was reading my Kindle in a low light situation and the ability to easily change the font size to something much larger meant that I was able to keep reading. Had I been reading a bound book, I could not have been able to continue to read. Also the Text-to-Speech feature is convenient. I know that there has been a big hullaballoo about whether this infringes an author’s audio rights. I don’t want to get involved in the middle of that debate. However, I will say that the text-to-speech is in no way comparable to an audio book. Further, the ability to have your book read to you for a page or two while you are doing something else is really cool. Despite how much I like the Kindle, however, that does not mean that it is perfect. Here are five complaints about the Kindle. 1. I don’t like the power button On the original Kindle, users complained that they would run the battery dead because it was easy to wake the Kindle from its sleep mode. The Kindle 2 solves this problem by requiring the user to slide the power button the top of the unit. It’s good that the Kindle doesn’t turn on when I don’t want. However, I found the slide button more difficult to use than it should be. Perhaps a recessed button the front of the Kindle would be a better solution. 2. The screen needs to be a touch screen The latest generation of our handheld devices use a touchscreen. That is how people are used to operating such devices. The fact that the Kindle does not have one is a drawback. One thing I have noticed is that anyone I have handed the Kindle to have tried to operate it by touching the screen. The Kindle 2 includes a 5 way controller (basically a short joystick) that allows you to navigate around the screen. This works, but it is not ideal. A touchscreen would be much better. 3. The Kindle needs to be color The black electronic ink works fine for text. However, books are more than just the text contained within them. Having a color screen to view the book covers, maps, or other extras included in the book would be a big bonus. I understand why this version of the Kindle includes neither a touchscreen or color. It is an early generation and is still be developed. However, if Amazon wants the Kindle to succeed in the future, I believe that these two features will have to be included. 4. White is boring I know that I have already said that I like the sleek look of the Kindle. This is certainly true. However, I don’t like the fact that the only color available is white. I have added a skin to my Kindle to make it less plain. I would prefer it, however, if the Kindle were available in colors other than white. 5. Sample books The Kindle allows you to download a sample of a book. This is a great feature in that it allows you to check out a book before you have to commit to purchasing it. The problem with the samples is that if you decide to purchase the book, Amazon downloads a new copy of the book to your Kindle. This means you have both the sample and the whole book on the device. It also means that you have to manually navigate to your stopping point in the complete book. Given that the Kindle keeps track of where you are in a book, seems that it should be able to place you in the complete book at the same place you stopped reading the sample book. Despite the criticisms that I have of the Kindle 2, I have to admit that I love my Kindle. It is easy to use and I read substantially more than I was reading before I got the Kindle. I have also found that I am reading bigger variety of books as well. Though I have to admit that much of this variety comes from the fact that I have purchased most of the free and very cheap (less than $3) Kindle books. Regardless of the cause, however, the variety has been nice. If you enjoy reading, and have been thinking about a Kindle, I urge you to check it out. I love mine and do not hesitate to recommend it to anyone else. ■ On June 6, 2009, Palm, Inc. Release the Palm Pre smart phone which was announced at CES (Consumer Electronics Show) in January 2009. For Palm, Inc. the Pre is a make-or-break device for a company that was once the leader in the PDA and Smart phone marketplace but has fallen on hard times as its competitors added functionality and features that customers wanted such as multi-media and Web capabilities. I have to admit that I’ve been a Palm junkie since the original Palm Pilot in the 1990s. I had the original Palm Pilot, Palm II, Palm V, Sony UX G—50 (which is the Palm OS), a Treo 650 and finally a Treo 755p. I have to admit that it was difficult these last few years watching folks with their Apple iPhone’s, RIM Blackberries, and Windows Mobile smart phones add features and capabilities while Palm continued to do the same old thing. It was a major point of irritation with Palm users that an update to the last Palm OS was years in the past. I’m one of those people who has been following the Pre-news on the Internet regularly and for the first time became an early adopter of an untried and unproven device and technology when I bought my Palm pre—on its release date. While the question of whether or not the Palm Pre is an iPhone killer, I’ll leave that debate to others. I’ve never seriously considered the iPhone as an option for me since it is tied to the AT&T network and requires a more expensive cell and data plan. The iPhone is an elegant device and has a number of good features but the monthly pricing, lack of a user replaceable battery and a physical keyboard were negatives or too large for me to overcome. While the Palm Pre-is not a perfect phone and has its share of quirks and warts, overall I think Palm released an excellent first version which I expect to only improve in the near future. The Palm Pre is currently only available on the Sprint network, but unlike many folks who have had bad experiences with Sprint, my overall level of satisfaction with customer service and the network has been very good. I originally switched to Sprint from Verizon due to the fact that Sprint had the lowest priced data plan on the market and provided better coverage for me at the location that normally travel to than Verizon did. While you are required to purchase a data plan for the Palm Pre, the current plan I have is for 450 minutes of talk time, unlimited text messaging, Internet, television and GPS services with unlimited minute evening minutes starting at 7 PM for USD $69.99 a month. The Palm Pre utilizes a brand-new operating system called Web OS which is based on the Linux platform and for the first time brings to smart phones multitasking and what Palm calls Synergy. With Web OS you can keep multiple applications open on what Palm calls Activity cards and easily move between applications as well as shutting them down merely by flicking them off the screen with your finger. Palm synergy allows you to combine messaging and conversations into the Contact. It also allows you to combine e-mail inboxes so they can be viewed individually or combined and makes setting up connections to your e-mail accounts and calendars (especially Google calendars and Microsoft Exchange accounts) one of the easiest processes I’ve ever encountered in a mobile device. In addition to traditional Palm functions such as calendaring, contacts, to-do’s and memos, Palm Web OS now fully integrates WiFi, GPS and multimedia functionality that is both robust and user-friendly. Drag a folder of MP3 music files from your computer desktop onto the Pre and the Pre automatically locates these files and indexes them without any user intervention. If you need to find information on your Pre, you can use the universal search to begin searching your contacts and applications on your phone and then have the opportunity to search Google Wikipedia or Twitter. I had an opportunity to use the integrated GPS a recent trip to Texas and found the turn by turn directions with street names to be very helpful and remarkably accurate. The Palm Pre-includes a three megapixel camera with flash although it does not include the ability to record video and there are no options for changing the autofocus settings. The Pre organizes photos as quickly and easily as it does music files and moving between different functions is easy due to the multitasking capability of the Web OS. Unlike the iPhone or Google-based Android phones, the Palm Pre incorporates a physical keyboard into its design which is one of the reasons that the Pre is thicker than the Apple iPhone. While the keyboard is small, the rubber coated dome shaped keys are usable for thumb tip typing and, in my opinion, are easier to use than the on-screen keyboards of other smart phones. The keyboard is accessed by pushing up on the screen of the Pre which exposes the keyboard in the lower portion of the phone. The physical keyboard can be used for dialing the phone, but the Pre also provides an on-screen keypad for dialing. The phone can be a bit awkward to open and Palm recommends that you place your thumb in the center of the screen and push upward to open the phone. It would have been nice if Palm provided some small rubber grips at the bottom of face plate so you did not have to push on the screen itself. And speaking of the screen, the word I would use to describe it is “gorgeous.” Providing the same resolution as the screen on the Apple iPhone, the Pre screen is slightly smaller, but also includes an accelerometer which reorients the screen in a limited number of applications and also incorporates the gesture bar at the bottom of the screen which is used to navigate between applications. The overall size and feel the Pre is very comfortable even when opened. Its rounded edges and thickness fits my hand nicely and I prefer it to a number of other larger sized phones I’ve tried such as the HTC Touch and the iPhone. Another terrific feature is the fact that the Palm Pre battery is user replaceable and is charged using the USB Micro connection or by inductive charging with the optional Touchstone charger. This is important as the Pre does rapidly run down its battery during heavy usage and I’ve found myself needing to recharge the phone by the time I’m ready to leave work. As mentioned earlier however, the Palm Pre is not without its quirks and idiosyncrasies. One of these is the less than optimum battery life, another is the awkwardness of opening the phone. I also found myself on occasion accidentally disconnecting a phone call when resting the phone against my cheek and accidentally touching the Disconnect area of the screen. Lack of third-party applications available through the Palm applications store is also a deficiency; however, in the short time that I’ve had the Pre, new applications have been added and Palm promises to make its full SDK (Software Developers Kit) available by the end of summer 2009. As with my prior Treo-based smart phones the ringer volume isn’t loud enough and the earpiece volume could also be better. Overall, I think Palm did an excellent job with this new phone and so far I’ve been enjoying my use out of it. Whether or not this is a case of “too little, too late” to save Palm the company is yet to be seen. ■ August 2009 Monday, 8/03/09 – Webinar—Conducting Legal Research on Fastcase. Presented by the Illinois State Bar Association. *An exclusive member benefit provided by ISBA and ISBA Mutual. Register at: < https://www1.gotomeeting.com/register/648690400>. Wednesday, 8/05/09 – Webcast—Illinois New Rules of Professional Conduct. Presented by the Illinois State Bar Association. 12-1. <http://isba.fastcle.com/store/seminar/seminar.php?seminar=2515> Wednesday, 8/12/09 – Webcast—Illinois New Rules of Professional Conduct. Presented by the Illinois State Bar Association. 12-1. <http://isba.fastcle.com/store/seminar/seminar.php?seminar=2516>. Wednesday, 8/19/09 – Webcast—Illinois New Rules of Professional Conduct. Presented by the Illinois State Bar Association. 12-1. <http://isba.fastcle.com/store/seminar/seminar.php?seminar=2517>. Thursday, 8/20/09 – Webcast—Professional Strategies for Difficult Times. Presented by the Illinois State Bar Association. <http://isba.fastcle.com/store/seminar/seminar.php?seminar=2391>. 12:00 p.m. – 1:00 p.m. * This program is complimentary to ISBA members Monday, 8/24/09 – Chicago, ISBA Regional Office—Distributions from Qualified Retirement Plans. Presented by the ISBA Employee Benefits Section. Wednesday, 8/26/09 – Webcast—Illinois New Rules of Professional Conduct. Presented by the Illinois State Bar Association. 12-1. <http://isba.fastcle.com/store/seminar/seminar.php?seminar=2518>. September 2009 Tuesday, 9/01/09 – Tinley Park, Odyssey Country Club—Day-to-Day Ethical Dilemmas, What Every Attorney Should Know About Ethics and ARDC Complaints. Presented by the ISBA Young Lawyers Division Section. Thursday, 9/03/09 – Chicago, ISBA Regional Office—Mentor Training. Presented by the ISBA Standing Committee on Mentoring. Thursday, 9/10/09– Chicago, ISBA Regional Office—Franchising Issues under New State and Federal Requirements. Disclosure, Laws, Rules and Forms. Presented by the ISBA Corporation, Securities, and Business Law Section. Friday, 9/11/09 – Chicago, Kirkland & Ellis LLP—Rambus is Final: Where do we go From Here? Presented by the ISBA Antitrust & Unfair Competition Law Section, Co-Sponsored by the ISBA Intellectual Property Section. 11-1:15. Friday, 9/11/09 – Chicago, ISBA Regional Office—Tackling Family Law Conundrums. Presented by the ISBA Family Law Section Thursday, 9/24/09 – Bloomington, Doubletree Hotel—Professional Strategies for Difficult Times. Presented by the Illinois State Bar Association. * This program is complimentary to ISBA members. 1:00 – 4:15. Tuesday, 9/29/09 – Chicago, ISBA Regional Office—Recent Developments in State and Local Tax 2009. Presented by the ISBA State & Local Tax Section. 9-12. October 2009 Thursday, 10/01/09 – Chicago, ISBA Regional Office—Business Succession Planning. Presented by the ISBA Trust & Estates Section and the ISBA Business Advice and Financial Planning Section. Friday, 10/02/09 – Champaign, I Hotel and Conference Center—Divorce Basics for Pro Bono Attorneys - 2009. Presented by the ISBA Standing Committee Delivery of Legal Services. 12-5. Friday, 10/02/09 – Chicago, ISBA Regional Office—Illinois New Rules of Professional Conduct. Presented by the Illinois State Bar Association. Thursday, 10/08/09 – Chicago, ISBA Regional Office—The Business Side of the Criminal Practice. Presented by the ISBA Criminal Justice Section. Friday, 10/09/09 – Chicago, ISBA Regional Office—Union and Employment Issues: Intersecting Challenges and Ethical Implications. Presented by the ISBA Labor and Employment Section. 9-12:30. Monday, 10/12/09 – Chicago, ISBA Regional Office—Advanced Workers’ Compensation. Presented by the ISBA Workers’ Compensation Section. Monday, 10/12/09 – Fairview Heights, Four Points Sheraton—Advanced Workers’ Compensation. Presented by the ISBA Workers’ Compensation Section. Thursday, 10/15/09 – Chicago, ISBA Regional Office—Professional Strategies for Difficult Times. Presented by the Illinois State Bar Association. * This program is complimentary to ISBA members. 9-12:15 or 1:00 – 4:15. Thursday, 10/15/09 – Bloomington, Doubletree Hotel—The Business Side of the Criminal Practice. Presented by the ISBA Criminal Justice Section. Tuesday, 10/20/09 – Lombard, Lindner Learning Center—Real Estate Law. Presented by the ISBA Real Estate Law Section. Thursday - Saturday, 10/22/09 - 10/24/09 – Springfield, President Abraham Lincoln Hotel—5th Annual Solo & Small Firm Conference. Presented by the Illinois State Bar Association. Friday, 10/23/09 – Chicago, ISBA Regional Office—EMTALA: Current Legal & Ethical Issues. Presented by the ISBA Health Care Section. Monday - Friday, 10/26/09 – 10/30/09 – Chicago, ISBA Regional Office—40 hour Mediation/Arbitration Training. Master Series Presented by the Illinois State Bar Association and the ISBA Alternative Dispute Resolution Section. 8:30 – 5:45 daily. Friday, 10/30/09 – Urbana, United States Federal District Court House—Pre-Trial Practice, Rule Changes, Technology and Federal Civil Practice in the Central District of IL. Presented by the ISBA Federal Civil Practice Section. November 2009 Tuesday, 11/03/09 – Bloomington, Doubletree Hotel—Real Estate Law. Presented by the ISBA Real Estate Law Section. Thursday, 11/05/09 – Chicago, ISBA Regional Office—The Mediation Process and Child-related Disputes. Presented by the ISBA Child Law Section, Co-sponsored by the ISBA Family Law Section and by the ISBA Alternative Dispute Resolution Section. Monday - Friday, 11/09/09 - 11/13/09 – Grafton, Pere Marquette Lodge and Conference Center—40 hour Mediation/Arbitration Training. Master Series Presented by the Illinois State Bar Association and the ISBA Alternative Dispute Resolution Section. 8:30-5:30 each day. Friday, 11/13/09 – Chicago, ISBA Regional Office—Insurance Law Update 2009. Presented by the ISBA Civil Practice and Procedure Section and the ISBA Insurance Law Section. Friday, 11/20/09 – Carbondale, Southern Illinois University School of Law—Illinois New Rules of Professional Conduct. Presented by the Illinois State Bar Association, co- sponsored by SIU school of Law. December 2009 Friday, 12/11/2009 – Chicago, Sheraton Hotel—Winter CLE Fest. Presented by the Illinois State Bar Association.
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