Microsoft's challenge is to write simple, clear licenses, to revisit its pricing schemes, to integrate its products with third-party legal software, to make Word's functionality legal-friendly and to deliver secure, reliable applications that are ready for prime time when they are first released. The betting money in law firms doesn't think any of this will happen. The search for viable alternatives to Microsoft products has just begun, but Redmond should beware its own complacency lest alternatives begin to appear on the horizon. If viable alternatives were really to be found, a sizeable chunk of the legal world might well embrace them. Feeling shackled to Microsoft is a powerful incentive to find a way to break free of the shackles.
_______________
The authors are the President and Vice President of Sensei Enterprises, Inc., a computer forensics and legal technology firm based in Fairfax, VA. 703-359-0700 (phone) 703-359-8434 (fax) <sensei@senseient.com> (e-mail), <http://www.senseient.com> (Web site).
TechnoLawyer.com: Seeing is (not always) believing
By Arthur L. Smith
Introduction
The Internet has become perhaps the most popular tool for conducting research, not only among lawyers but among other professionals as well. Its low cost (virtually free) coupled with the ever-increasing volume of material available on the Web make it an ideal starting place for virtually any kind of research, from vetting your opposing expert witness to analyzing the latest Congressional enactment, and everything in between.
The prime topic of cocktail party conversation (putting aside your local sports team) has turned from "How big is your hard drive?" to "What is your favorite search engine?" Whether it's Google or DogPile or any one of a
dozen other "meta-search" engines or my favorite, Copernic, everyone has an idea about which one is "the best."
Some writers have suggested failure to search the Web under certain circumstances might be construed as malpractice. Using the Internet as a search tool has become such a de facto standard in the profession that it will not be long before some hired gun expert testifies that lawyer X was, in his opinion, negligent for failing to check the Internet because, had he done so, he would have easily learned the important omitted fact that caused his client's claim to fail.
All that said, if you're a lawyer using the Internet as a research tool, you must pause and ask yourself the following question: Can I trust the information I am reading off the Internet?
Seeing is not always believing
The Internet contains the largest library of self-published material in all the world. Anybody with a few dollars and access to a computer (or access to a friend who has access to a computer) can publish all kind and manner of material on the Internet without editorial checks and balances and without any form of peer review.
This is not to say that material on the Internet is inherently unreliable. Probably 9095 percent of everything that appears on the Web is published by men and women of good will, honestly putting forth information that they believe will be of value to the general public. From corporate Web sites setting forth product information to educational institutions publishing the works of their faculty and students to news media publishing current events and analysis for all to see, there is a wealth of valuable information to be had.
However, there are at least two circumstances that can blindside the unwary.
The first consists of material from a self-published author who has an axe to grind or who simply lacks the research skills to publish accurate information. Such material may be published by organizations whose
motivation is to persuade rather than to inform, or simply by individuals who are seeking to advance their own fame and fortune. When there is no truly independent check on these materials, the risk of advertent or inadvertent error is high.
The second circumstance deals with the hacked Web site. Stories are all too common of legitimate Web sites being invaded by outsiders who substitute their own content for that of the Web site owners. The substitute content may look in all respects like bonafide content, but it'soften inaccurate, misleading or scandalous. One notorious example of such intrigue occurred last year when hackers posted a story on the CNN Web page
announcing that Britney Spears was dead (see <http://urbanlegends.about.com/library/blspears.htm>). A more common example are the many computer virus hoaxes that make the rounds.
The moral of this tale of woe is: Seeing is not always believing--when it comes to Internet research. You should look at the Internet using a proverbial grain of salt and should evaluate the reviewed content with a
critical eye.
Ask yourself these questions:
-- Is the Web site's owner reputable and reliable?
-- Is the content consistent with your own common sense and experience?
-- Is the information found verifiable from independent sources if the need arises?
-- Is the content likely to be in place three or six months from now when you might want to refer back to it?
Conclusion
The Internet is unquestionably an extraordinarily valuable resource for everyone. It's much more than a place to simply find out show times or buy movie tickets or check the latest sports scores. It is an essential addition to the library of every lawyer in every law firm in the country. Like all library resources, however, its use requires a good bit of judgment and common sense.
_______________
About the author: Arthur L. Smith is a member of the St. Louis law firm of Husch & Eppenberger, LLC where he leads the firm's e-Business Team. He is a former co-chair of the Technology and the Practice of Law Committee of the Bar Association of Metropolitan St. Louis. Arthur encourages comments as well as suggestions for future articles. You can contact him via e-mail (arthur.smith@husch.com).
This article originated in TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free,critically-acclaimed e-mail newsletters, and a searchable Web-based repository of all TechnoLawyer content since January 1997. To join, search, or learn more about TechnoLawyer, visit the following Web site: <www.technolawyer.com>.
It's the little things that count: software utilities to make your system hum
By Nerino J. Petro, Jr., Attorney 2002-2003
Man cannot live on bread alone and a lawyer can't survive without utility programs. What am I talking about? Let's start by defining the three broad categories of software:
(1) Operating Systems (OS) (2) Applications (including the "Big 3" program types, i.e., word processing, case/matter management, time and billing) and (3) Utilities.
OS and Applications
The OS and Applications form the "core" programs you need, but often lack ways of making your life easier or require a lot of time and technical knowledge to use. The OS is the "engine" that drives the computer. The applications, i.e., WordPerfect, Word, Excel, TimeMatters, etc. are the tires, steering, sets and basic things that let you harness and use the OS engine. The difference between the basic model and the sports car is oftentimes the "extras," those things that make driving so much more enjoyable. Many times, a simple, single-purpose program can make working on a computer much easier than navigating the morass of OS or application features. Even the OS or Application software may include utility programs to simplify operations.
Utility programs
What are utility programs? Generally, a utility program is a small useful program with limited capability. It is often difficult to classify and may be included as part of a larger software package or may be a stand-alone program. Utility programs may offer services in addition to those offered by your Operating System or may provide completely autonomous functions and services such as spell checking, data back-up, indexing and full-text searching and more. The Bottom line--a utility program is a program that makes your life easier by providing an easier or more efficient way for you to accomplish a task at a reasonable cost when weighed against the expense of achieving the same results without it.
Utilities can be divided into a number of categories, including:
System Tools--These are programs designed to optimize software and hardware operations, fix broken program links, delete uneeded files and device drivers, remove unwanted Internet files and cookies, help you with OS operations and more.
System Utility Suites--These are really packages of separate utility programs combined into one "suite" of products such as anti-virus, disk utilities, firewall, and more, usually designed to use a common interface to provide you with a unified "look and feel" to all of the different programs contained in the suite. Examples include: Norton System Works and VCOM System Suite.
Disk Utilities--Programs to help manage your hard drives including defragment hard drives, creating and managing disk partitions, creating disk images for back-up and cloning of hard disks. Examples include: Partition Magic, Norton Ghost, Drive Image and Diskeeper.
Internet Utilities--These are those programs that protect you from the dangers of the World Wide Web, including:
Anti-Virus Programs (AV)--These are stand-alone anti-virus programs to defend against viruses and repair damage done by them as well. They often offer more "features" than the same version of the program offered in a System Suite. Examples of stand-alone AV programs include: Norton Anti-virus, Trend Micro PC-cillin and McAfee Virus Scan.
Firewalls--These programs are designed to protect your computer from Internet threats including port scanners as well as preventing hackers from gaining access to your computer while keeping your personal information private. Examples include: Zone Labs ZoneAlarm Pro, Norton Personal Firewall and Tiny Firewall. Spyware Removers and Ad Blockers--these programs are invaluable in your quest to remove or block spyware programs and stop those annoying popup and pop-under ads. Examples include: Ad Aware, Spybot, AdSubtract, Pop Up Stopper.
Fax Utilities--Programs that make faxing from your PC much easier. Examples include WinFax PRO and ZetaFax.
Screen Capture and Print Utilities--Programs that allow you to capture whatever is on your desktop or only a portion of it and save or print it out. Examples include ScrennPrint Platinum, Snagit and FinePrint.
Imaging and OCR (Optical Character Recognition) Utilities--These programs allow you to capture and clean-up images of pages and can be used for converting captured text to computer readable information for use by Applications. Examples include: PaperPort, Omni Page Pro, Adobe Acrobat and pdfFactory.
File Management Utilities--Programs designed to help you manage all of your files whether text, image or music. Many allow you to reduce the size of files, as well as indexing all of the files' contents and performing full text searches on the contents of the file. Examples include PowerDesk, Conversions Plus, PKZip, ZipMagic and The Sleuthhound!.
Disaster Recovery and Backup Utilities--Programs to save you from problems changing or adding software, hard drive failures or other catastrophes. Examples include GoBack, Drive Image, Norton Ghost, Retrospect Backup.
Productivity utilities--Programs that provide capabilities that application programs may offer, but easier and faster such as creating amortization schedules for a loan or that allow you to expand the capabilities of Applications by providing keyboard shortcuts for tasks that you would otherwise have to use the mouse and drop down menus to perform. Examples include: Tvalue for Windows, ActiveWords, Documents To Go and TimeMap.
General Utilities--Programs that improve on a capability already found in an OS or Application. Examples include TapeCalc, Ecleaners and AreaCodes.
So if these utilities don't come with the OS or with an Application, where do you find them? Utilities are available from many sources. You can buy Retail software, which comes from major companies and can be found in computer stores, office stores and catalogs. You can download or buy packaged CD-ROMs of Shareware programs, which is really more a method of distribution: you try the product first and if you like it, you buy it. Then there is Freeware: this is software that may be distributed for free by a programmer or a company or may represent an older or "lite" version of a retail program limited to personal use. Usually, Freeware is found on the Internet for download.
Many programs can be downloaded when purchased at a reduced cost since the company doesn't need to pay for the program disk or CD-ROM, manual, packaging and paper manuals. Shareware and freeware programs can be found at a variety of Internet download sites including computer magazine publishers including <www.zdnet.com>, <www. pcworld.com> and <www.cnet.com>.
Recommendations
While there are many different utilities available from numerous sources, the following are my recommendations based on actual use:
* System Suites: VOMC's SystemSuite
* Disk Utilities: PowerQuest Partition Magic & Drive Image, VCOM's SystemSuite
* Anti Virus: Trend Micro PC-cillin
* Firewall: ZoneAlarm Pro
* Spyware and Ad Blockers: Ad Aware, iClean
* Fax Utility: WinFax Pro
* Screen Capture: ScreenPrint Platinum
* Imaging & OCR: PaperPort, Omni Page Pro, Adobe Acrobat
* File Management: PowerDesk, Conversions Plus
* Disaster Recovery: GoBack, Drive Image, Retrospect Backup
* Productivity: Tvalue, Documents To Go, TimeMap, ActiveWords
* General: TapeCalc
Conclusion
Utilities can make your life much easier, even though they may take a short amount of time to learn--it's still quicker than the other options open to you. Utilities are available from many sources and can cost hundreds of dollars or can be free. Remember, whether a utility is good or bad is not related solely to its cost; retail utilities can be as bad as a poorly written freeware utility.
References
* <www.norton.com>
* <www.mcafee.com>
* <www.ontrack.com>
* <www.avast.com>
* <www.v-com.com>
* <www.dataviz.com>
* <www.zdnet.com>
By Judge James Bumgarner (retired)
Volunteer your PC: Would you like to help the effort to analyze anthrax and cancer cells? To identify chemical molecules that could block the smallpox virus? Or, to analyze radio waves from space that might indicate communications from other galaxies? If so, go to <http://www.grid.org/about/> and sign up to share your computer or network. In this instance "share" does not mean, "use at the same time." From this Web site you download a small piece of software that activates only when your computer is not being used. As soon as anyone touches a key or makes any other computer motion, the program shuts down, leaving all computer resources free for local use.
By signing up, you become a part of what is called "Grid Computing." Depending on the project, thousands, or on some research projects, millions of computers are linked, each to perform a miniscule part of the total research effort. The research center's software breaks up a giant program into little pieces that can be processed by individual PCs. It is said that volunteer capacity, when in full use, can be 30 times faster than the fastest supercomputer.
Here is how it is described by the Web site: "Grid.org is a single destination site for large-scale research projects powered by the United Devices Global MetaProcessor. From the Cancer Research Project sponsored by Intel and the University of Oxford to the Anthrax Research Project sponsored by Intel and Microsoft, the Global MetaProcessor @ grid.org has been put to use for research and analysis projects of groundbreaking scope. With the participation of more than two million devices worldwide, grid.org projects driven by the Global MetaProcessor have achieved record levels of speed and success in processing data;" and
"The Global MetaProcessor @ grid.org is a virtual supercomputer that can be harnessed to power computational research and analysis projects on a massive scale. By combining millions of online CPUs worldwide to work on extremely large computational projects, problems can be solved more quickly and less expensively than by conventional methods. Now any networked computer can help fuel research and projects that previously may have required a bank of supercomputers or a hundred years to complete."
You won't get paid for this, but it doesn't cost anything either. You can even submit a proposal for a research project, if you wish, and the site tells how to set the proxy for a LAN behind a firewall.
Databases for medical records: Databases for complete medical records on patients of participating physicians and medical centers are being compiled daily. According to the news, Kaiser Permanente, a huge health maintenance organization, plans to spend $1.8 billion to automate its patient files.
Once your physician and you have your medical files in a database, he or she can access them during an office visit, a hospital stay, or an emergency. With your permission, paramedics or emergency room personnel can ascertain what to avoid, and what to administer, in order to better to treat your condition.
No longer will it be necessary to fax records from offices or from one hospital to another. A patient and physician can consult online, and can consult experts as well. And all of this comes with protected privacy. Encoding and encryption will prevent unauthorized access, and every access of a patient's file will be recorded with the name of the person accessing it.
There is always the specter of unauthorized disclosure, but that can happen with ordinary paper records. Employees are not all immune from bribery. Encryption can be enhanced to make unauthorized downloading inordinately expensive. Hacking the records can be prevented. Candidly, all of these methods can be defeated, but that can happen with paper records too, if there is sufficient resolve. At any rate, the databases are being endorsed by the AMA and other medical societies, which means they will occur whether we like it or not.
What does this mean for practicing attorneys? Since the patient will be able to access his own records,1 he should be able to do so for his lawyer. A simple download would put everything in digital form on the lawyer's computer. From there, it could be hard copied, inserted in a brief, or used in a visual display from a courtroom laptop--Simpler and faster than the way we do it today.
Once the records are loaded on your computers, what privacy measures must you set up? Probably the same as you now have for confidentiality, but, even though the client has helped you obtain his records, you should have consent forms that seem to be required by the Health Insurance Portability and Accountability Act, discussed below. For example, forms for disclosing the records to your experts; for discussing them with opposing counsel, during settlement negotiations; and for presenting them in court to the judge, to the jury, or to the public. It may not be a sufficient defense to say that the client originally consented to your obtaining the records.
Patient privacy: On April 14,2003 new medical privacy rules go into effect.2 Although the amended rules were to be considerably changed from the former requirements and imposed heavy penalties for violations, the comment period was for 30 days only.3 Congress has for a number of years avoided rule making with respect to the Health Insurance Portability and Accountability Act, leaving the privacy aspect to the administrative agencies.4 Although the purpose remains the same, the extent of the prohibitions, penalties, and restrictions are enlarged.5 For the entire text,6 as amended, see <http://www.research.vcu.edu/oeco_hipaa.htm>.