Houdini ESQ

Ease of Use Adoption

An adoption learning curve is involved with every new software purchase. It needs to be integrated with current systems & software, & the end users have to be brought up to speed using it. If the software is chunky & too complex, adoption resistance can occur.

Ease of Use

The software should have an intuitive interface, & use of features should be pretty much self evident. The shorter the learning curve training a new user, the better. The software should also have the ability to easily fit into the existing systems with which it will have to communicate. For example, a collaboration software might allow you to use some features from your Outlook itself or even share Outlook data.

Adoption

To get a measure of 'shelfware', i.e., software that is purchased but never used, some studies peg the number of shelved content management solutions at 20-25%. At a million dollars per implementation, that's pretty expensive shelfware! According to another study in the US, 22% of purchased enterprise portal (ERP) licenses are never used.

No doubt, 'Shelfware' is a result of ill thought out purchase decisions. These studies clearly underline the importance of making an educated purchase. One possible way to protect against shelfware is the new concept of 'software as a service' (SAAS) hosted software. The software is hosted by its developer, & buyers have to pay a monthly subscription, which they can opt out of anytime.

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The Origins of the Cloud


The Cloud-Computing concept first gained public attention in 1960, when Boston-born computer scientist and Turing Award winner John McCarthy noted that "computation may someday be organized as a public utility." Since then, the concept has undergone a series of metamorphoses, touching on everything from service bureaus and application service providers.

Today, cloud computing has taken over as the primary metaphor, and is commonly described as including three areas: Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS) and Infrastructure-as-a-Service. For a fast-growing number of businesses, cloud computing is now the dominant choice of IT technology for running business applications.




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Staring a Law Firm



by Garry J. Wise - wiselaw.blogspot.com

Here, then, are a few thoughts for the benefit of new lawyers considering "hanging a shingle."Read more

Pros and Cons

For the right kind of person, starting your own law practice offers the opportunity to:

  • have increased flexibility and self-determination in career, lifestyle and family choices
  • take a lead role in complex matters that might otherwise be handled by more senior members of a larger organization
  • develop an individual and distinct persona in the profession
  • avoid all the vagarities and uncertainties that are typical of any employer-employee relationship
  • sidestep the "politics" reputedly found in large firm settings
  • develop solid, direct relationships with key clients
  • relate to entrepreneurial-minded clients and prospective clients as a genuine and empathetic peer
  • enjoy the gratification of building a practise that is genuinely "yours."
  • build equity that will represent a saleable asset at the time of your retirement



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Software is tangible personal property

The Pennsylvania Supreme Court determined in Dechert v. Commonwealth of Pennsylvaniathat "canned" computer software is tangible personal property that is subject to sales tax. -- Read more on LTN

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Windows Live shares your Messenger contacts

Imagine my surprise when I discovered that the so-called new and improved, privacy-conscious version of Windows Live — the social-networking sphere containing Messenger and Hotmail — continues to share my personal information, even when I explicitly tell it to keep my info and communications private.

Woody Leonhard -- read more

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The Cloud Computing Rush Effect


Over the last six months I have had to struggle with having to educate or rather re-educate our clients. Many if not most are confused by the term Cloud and Cloud Computing. For small clients it is real easy. Cloud just means on the web but to large enterprises Cloud and Cloud Computing means something entirely different.
Everyone wants a seat on the Cloud Computing bandwagon. Software developers and SaaS vendors are popping up all over the place claiming they provide Cloud Computing services.

We are being flooded with self-serving claims from a widening array of vendors that are trying to redefine the meaning of cloud computing to suit their proprietary interests. Jeffrey M. Kaplan Information Week

The term Cloud Computing has been used so much and in so many different context that the actual meaning has been lost. The term should be re coined "Fog Computing" in my opinion.

I have seen so many mixed uses of the term Cloud Computing and the Cloud that I no longer use either term. For example, the Penn State University Web 2.0 Glossary states the following:
Cloud Computing - The use of a Web services such as Flickr, Google Docs, Jing to perform the functions that were traditionally done with software installed on an individual computer. Penn State Web2.0 Glossary
Wow, is this really muddying the waters. This definition is misleading. These are Software-as-a-Service (SaaS) products not Cloud Computing products.

Consumers of Cloud Computing consume resources (computing power, memory, disk space, additional CPUs) as a service and pay only for what they use. In the legal industry we license seats not computing resources. Cloud Computing employs a utility computing model, which is analogous to how traditional utility services (your electric company) are consumed. The confusion lies in consumer's use and billing. Unlike your electic company, your legal software vender does not adjust your monthly payment when the software isn't in use or if your usage goes up or down. True you can add more seats or reduce the number of seats but that is the only similarity to the utility computing model.

If you purchase seat licenses from a online service provider and don't use all its features you are not charged less. If you purchase 3 seats and only one staff member uses the program everyday you are still charged the same every month. If you require more or less computing power you will be charged the same every month. However, the SaaS vendor is only charged for resources (computing power) actually being used, not the legal software consumer.

I think we should use the term Software-as-a-Service (SaaS) when referring to products such as HoudiniESQ, Clio and Rocket Matter and use the term Cloud Computing when referring to service providers who actually provide Cloud Computing services such as Amazon's EC2.

This will keep our clients out of the Fog.

Here is an excellent read on technology
The good enough revolution
by Robert Capps Wired Magazine.

"We've seen it again and again. Consider, for example, the rise of cloud computing. For years, software was something you bought and installed on your hard drive. A lot of it was made by Microsoft, which solidified its dominance by releasing ever more powerful, feature-laden updates. But with the advent of services like Gmail and Zoho Writer, many users are now turning to the Web for basic tasks like word processing, spreadsheets, and email. These cloud apps have inherent limits: They run through a browser window and can't directly access your local hard drive or processor. They lack features. Their performance depends on the strength of your Internet connection. Nevertheless, tens of millions of people use Gmail, while Zoho Writer boasts 1.8 million users and is growing at a rate of 100,000 subscribers a month. Microsoft, of course, is now jumping into the cloud as fast as it can. Redmond says that Office 2010 will be largely cloud-based. Not to be outdone, Google recently announced a mostly cloud-based operating system that will work in tandem with the company's Chrome browser."

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Our competitors raise panic on the NC Ethics Opinion


When NC (my home state) proposed a Ethics Opinion on Cloud Computing I asked that our Certified Consultants and staff refrain from posting any opinion on the matter. Why? Because to any committee it would appear self serving.

Anyone who has been in this business for longer than a minute could have told you that the ethics opinion would come back with the same set of questions and concerns they had when ASP was the hot buzzword. The Bar in every state is aware that law firms have used web-based services a lot longer than the Cloud or SaaS buzzwords have been around.

Our competitors made it sound like NC wasn't capable of understanding a modern law firms needs and the 20 year old technology being used under a different name. They posted numerous request on every social media outlet asking for you to contact NC before it was too late. Not because the NC Ethics Opinion could affect you and your practice, but because they were fearful that the outcome would set a precedent that would directly affect their business, not yours. Don't kid yourself, they weren't concerned for you.

Like their marketing, it's all wool and bull. If that offends you then you are naive. Seriously, you think companies like Lexis Nexis and West Law would just disappear overnight? They have been offering web-based subscription services for decades now. Law Firms have used a myriad of web-based services over the years to store matter related information. This kinda puts my competitors actions in perspective now, doesn't it?


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Why a lawsuit might be a sign of success


Why a lawsuit


There are only two reasons someone might sue you in the software industry: for money, or to prevent you from competing with them.

Startups are too poor to be worth suing for money but a lawsuit can cause economic distress and become a major distraction. Startups, at least in the software business, don't seem to get sued much by well established competitors. Only patent trolls and weasels with weak products and or services who feel they are entitled because they were first. Despite all the patents Microsoft holds, I don't know of any instance where they sued a startup. Large companies like Microsoft don't win by winning lawsuits. Why bet on uncertainty. They win by locking competitors out of their sales channels. If your small startup does manage to pose a threat, they're more likely to buy you than sue you.

So who sues who


When you hear of companies filing suits against a competitor, it's usually a company on the way down or out of the market place. The suit is a desperate move to save their sinking ship. For example, Unisys's attempted to enforce their patent on LZW compression. We all know that outcome. As a rule of thumb, when you see a big company threatening a smaller one with a suit, sell your shares.

When a company starts to spend time on lawsuits against their competitors, it's a sign they've lost the real battle, the battle to keep and attract new customers.

A company that sues competitors is like a defender who has been outperformed so thoroughly that he turns to plead with the referee. You don't do that if you are holding the ball, even if you genuinely believe you have been fouled. So a company threatening a law suit is a company typically in dire trouble, e.g. Sun Microsystems and Viacom.


To buy, build or sue


Well, you might think that a small startup will be crushed by the Goliath's in the market place but this usually isn't the case.

There's a good reason big companies prefer buying to building or suing: if they build their own, they usually screw it up. But few big companies are smart enough to admit this to themselves. It's usually the acquirer's engineers who are asked how hard it would be for the company to build their own, and they usually overestimate their abilities.

Why? For one thing software development is so complicated. It seems that in most types of engineering you can hand the details of some new process to a group of high quality people and get the desired result. Not so in software. Software is so subtle and unpredictable that "experts" don't get you very far.

That's why we rarely hear someone call themselves an "expert" in the software industry. All a group of experts can get you is, implementation, to make your software compatible with some other piece of software - in eight to ten months, at enormous cost. To do anything harder and better you need individual brilliance. If you assemble a team of "experts" and tell them to make a new web-based Email program, they'll get their buts kicked by a team of inspired twenty something year olds.

Experts can implement, but they can't design. Expertise in implementation can be measured, creativity and brilliance can not.

Because there's so much scope for design in software, a successful application tends to be way more than the sum of its parts or its patents. What protects little companies from being copied by bigger competitors is the thousand little things the big company will get wrong if they try.

In the software business, startups beat established companies by transcending them.

Fortunately for startups, big companies are extremely good at denial. If you take the trouble to attack them from an oblique angle, they'll meet you halfway and position themselves as to keep you in their blind spot. To sue a startup is to admit that it is a threat and it does something you're afraid of. IBM used to sue its mainframe competitors regularly, but they didn't bother much with the microcomputer industry because they didn't want to admit to the threat it posed. Companies building web based apps are similarly protected from Microsoft, which even now doesn't want to imagine a world in which Windows would be irrelevant.

Frivolous suits abound but hold no water


I didn't worry about law suites. At least, at the start. I just worried about making something great. If we grew to the point where anyone considered us worth attacking, then we are doing well in my opinion.

More on this later.

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Self-fulfilling Prophecies


Because a recession is 2 quarters of Gross Domestic Product (GDP) decline, you cannot know you are in a recession until you are at least 6 months into one. Unfortunately, at the first sign of decreasing GDP, the media reports a possible recession, people panic and start a chain of events that actually cause a recession. Self-fulfilling Prophecy.

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In the News

Intuit Services Down for 2 days


Intuit users experienced a two-day outage of the Intuit on-line access for Quickbooks and Quickbooks Payroll systems.

As with many things in life, like heart attacks or giant oil spills, certain problems aren’t necessarily problems until they are. That seems to be the case with the issue of performance in cloud computing, to judge from the negative reactions to the Intuit outage last week. So what are the lessons to be learned from this snafu?

As reported in www.informationweek.com


AT&T suspends iPhone orders after glitch exposes customer info


AT&T has suspended pre-orders of Apple iPhone 4 on Wednesday, a day after its Web site was overwhelmed with unexpected demand, triggering a glitch in its system that inadvertently exposed some customer’s information to other users.
Apple said that advanced sales of the iPhone 4 hit 600,000 Tuesday but that the strong demand resulted in “many order and approval system malfunctions.”
Gizmodo, a technology Web site, reported there were at least three cases in which users were able to see other people’s personal information when they tried to log in.

Viacom sues YouTube for 1 Billion

Viacom is accusing YouTube of “massive intentional copyright infringement”, saying that 160,000 unauthorized Viacom clips have been uploaded onto YouTube, totaling more than 1.5 billion views.
Google is also mentioned.
There is no question that YouTube and Google are continuing to take the fruit of our efforts without permission and destroying enormous value in the process. This is value that rightfully belongs to the writers, directors and talent who create it and companies like Viacom that have invested to make possible this innovation and creativity.
As reported on Mashable.com

Microsoft sues SalesForce.com for 9 patent infringements

Microsoft Corp. v. Salesforce.com Inc., 10cv825, U.S. District Court of Washington (Seattle) and accuses SalesForce of infringing on 9 of their patents.

SalesForce.com allegedly “has profited through infringement of the Microsoft patents-in-suit” according to the complaint.
How does this affect vendors who have built their business on top of SalesForce's platform?

Apple sues HTC for 20 patent infringements


On March 2, 2010, Apple Inc. filed a lawsuit against HTC for infringing on 20 Apple patents related to the iPhone's user interface.

as reported in pcworld.com

AT&T Security Breach

The FBI has opened an investigation into a security breach of AT&T 's website that exposed the email addresses of some owners of Apple iPad devices.
Wall Street Journal Story


Did Google commit a criminal offense

The New Zealand Privacy Commission said police are to consider whether Google Inc. committed a criminal offence when it obtained information for its Street View mapping service.
New Zealand is one of several other countries that have started investigating the way the Internet giant collects personal data through wireless networks, as controversy over how Internet companies handle private data ripples around the globe.
The Washington Post


The big Google hack

Authorities identify those reposnible for the BIG Google Hack in January. No one is sure if we will ever find out what user information was stolen. Google insist that China officials are involved.
The Big Hack was performed by Hacking group in China.


HoudiniESQ legal case management software

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Promoting your Law Practice on Facebook


You have probably read somewhere by now that Social Networks like Facebook are a great way to build your legal practice. In all the articles I have read I have not seen any mention of the potential problems Facebook can cause for you personally if you don't take care when using it.


Lawyerist.com posted an article entitled Facebook 101: why lawyers should be on Facebook. The article has some good advise, but like all the rest, this article fails to mention Facebook's CEO as having a documented history of unethical behavior, that Facebook makes it incredibly difficult to truly delete your account and more importantly all your private data is shared with applications via the Facebook APIs. This basically allows application developers to gain access to information you may not want shared. What we call in the business Silent Data Harvesting.


As reported on Social Hacking_the author says "It’s unlikely that any real-world attacks use this particular vulnerability" That is utter nonsense, as any eDiscovery vendor would tell you we use these APIs all the time and are aware of these types of vulnerabilities. The Lawyerist.com article does point out that Facebook is used to evaluate potential jurors, investigate defendants, and witnesses. This is true. Social Networks are primary feeds consumed by eDiscovery tools like HoudiniESQ IRIS using page scraping techniques and these APIs for exactly this purpose.


As outlined in Dan Yodler's article on GIZMODO Top Ten Reasons You Should Quit Facebook using Facebook can have serious implications for you and your business if you are not careful.


I don't think you need to quit Facebook. Just use a little common sense. Facebook is no place to post private, sensative or potentially embarrassing data about yourself, your family or your friends.


Interesting Facebook video


Mark Zuckerberg full interview


HoudiniESQ legal case management software


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A Social Media Experiment - Pick a fight

Originally posted on

by frank rivera


This weekend we were sitting around as we usually do working on some new features for our product. The discussion centered around a component in our product that displays a law firms leads and eventually lead to social media, a hot topic today.


The question was can social media widgets be added to our application and if so what benefit would it provide a attorney or law firm. We had Twitter integrated in version 1 of our product and I had it removed because our clients found that Twitter and Facebook are distractions. One law firm found that when they restricted access to twitter and Facebook that some of their staff's productivity went up by as much as 400%.


No one is really listening


Now I don't buy into the social media buzz as a valid sales channel. At least not how everyone else goes about using it. I have used social media for promotional purposes before and it was very successful. Now you might have guessed that I just did what everyone does, joined a social circle to plug my product or service. That is the absolute worse thing you can do because of the human condition. We tend to believe bad news before the good. Anything I have to say (or anyone else associated with my product or service) isn't taken seriously in social circles by potential customers. Now you will always have followers, those early adopters but they don't add to your bottom line. They have already bought in. It is the new recruits, the new potential clients we want to attract. In the end you will find that no one is really listening. How can you stand out among all the other social media noise. As a student of Sun Tzu and Sūn Zǐ Bīng Fǎ I will use my opponent's venue and troops to spread information and attract new recruits.


Social Media can payoff in a big way


In the 90s I ran a online magazine called the OTZ. It was for the 3D community and focused on lighting and character animation. It was very successful and like most websites back then you had to either hear about the site from a peer or through some social media circle such as AOL groups, website forum, bulletin boards etc. or it would just wither and die.


I was a frequent exhibitor at SIGGRAPH (the international conference for computer graphic professionals) as a guest speaker and artist for a wonderful company in Silicon valley called Caligari. During one of these shows I was approached by McMillan publishing, one of the largest educational publishers in the country. They had heard wonderful things about my online rag called the OTZ and were interested in having me write a book for their New Riders Inside Series. I could pick any topic regarding 3D computer graphics and thought well since the founder of Caligari RomanOrmandy had become a friend of mine and he had such a wonderful product I decided to write the book called InsideTruespace.


Meeting my monthly deadline with new exciting cover art, tutorials and topics was finally showing some feedback. Remember, content is king. It's not easy creating 3D graphics that will wow your readership every month. A image could take 20-30 hours to create and on top of that I had to write all the copy myself every month. A lot of very late nights.


So I'm going to write a book. I want the book to be great. I want my readers to say it was the best they have ever read but there was a problem. There already was a book on the subject. By a well respected artist and friend. His book was the tome on the subject at the time. How could I compete? My artwork won't be enough to get folks past the color inserts at the bookstore. He already had a huge following. How can I reach his followers without sounding like I'm trying to sell them something? I needed a plan.


Everyone loves a good fight


Well I'm halfway through the book and its is already 448 pages. I have had to create all the imagery, tutorials, callouts and art work. All while my editors are breathing down my neck. The amount of work I'm putting in better pay off I often thought, but I still had no idea how to have my book taken seriously if I promoted it. I knew if the community compared the two I would win easily but how to do that. I can't run a ad campaign. What new writer can afford that. I know if I plug my own book only my followers will be listening. What to do.


Challenge my opponent in a open forum. Although the best book of the day was by a friend of mine, I knew that if we had opposing views that many people would gather around to see the fight. I started to release short excerpts of my book pointing out the flaws in the old tome and how the old ways are no longer valid. I didn't place ads or run a radio commercial I simply posted it to my own forums and let the community disseminate it for me.


It worked like a charm. The buzz quickly turned into a roar. Most of the dialog was taking place on my opponents forum and bulletin boards not mine. I didn't have to spend time or money promoting my book. The 3D graphics community did that for me. This is a interesting point. What validated all that was being said is that it wasn't being said by me. Today I read so much hype about using Social Media to grow ones practice. I personally think it is a waste of time unless you can get someone other than yourselves to do the talking.


Well the book turned out to be almost 800 pages long. When it hit the shelves at Barnes and Noble I was elated but the really cool thing was that everyone was picking up the book because they wanted to see for themselves why my tome was better then the last. To this day 98% of the reviews on Amazon say it is the best book on the subject and give it 4.8 out of 5 stars.


Lets apply a similar technique using the Legal community


So its 12 years later and my small staff think that Social Media is new and to effectively use Social Media they have to do what everyone else is doing. Blogging about yourself, tweeting about yourself, and facebooking about yourself. I just want to scream "No one will be listening" but instead I thought I would be fun to show my use of Social Media to attract interest and perhaps how Sun Tzu would have too.


We are aware of several bloggers that push the social media buzz. We can't challenge these bloggers on the Social Media topic because we are simply out numbered. Don't pick a fight you can't win. The masses don't think independently, they just follow. So I thought we would use our own product in the example.


Now it would be silly to challenge my competitors in one of their own forums or even our own. We would simply be overwhelmed and the noise would only be heard by those who have already made their choice. Remember, its those who gather I have interest in not my opponent. What we need is someone who loves a competing product and get them to mix it up or at the very least post our text, thus creating buzz in a forum we don't own or have any association with. To boot we will get free publicity. Remember, there really is no such thing as bad press if you have a solid product or service.


You can't have a fight if you don't have a opponent. I'm a avid reader of the Lawyerist. It is a very good blog and has lots of really good content. The owner of the blog is no fan of our product and has made his opinion on the subject known (they use Rocket Matter). He will be our opponent since he has a large follwoing. We will use his blog to our advantage. Readers who would otherwise never hear about our product on his blog will gather to see the fight and in return we won't have to pay the blogger a dime for the hits we will surely get from his and his readers retort.


Keep in mind that they will fire back. The blogger and some of his readers will come to his defense. This is expected, it is sort of a battle except we are not interested in what the blogger has to say or any of those who agree with him. They already made up their minds. They are not prospects. Remember what we are interested in is those who gather to see the fight. The ones who have not made up their minds yet or didn't know they were looking for something new, yet. I would have to spend a lot of up front cash to get their attention otherwise. They are already on his blog reading it so why not get our product in front of them without all the sales pitch hoopla.


The Results



Did Lawyerist take the bait? As you can see from the Woopra screen capture, they did. The list is ordered by page views not visitors which is of interest to me. If the reader has been to our site before they will most likely peek at the first page and bail. So the numbers are interesting. We will update the image below as the numbers trickle in.


Woopra Results Lawyerist Hits


We posted to the Lawerist blog late Saturday evening. We challenged him to compare products and attacked his inability to be unbiased. I also posted a open challenge to all products. This is really so indexers scanning his blog link this text to those products as well.


On Sunday our website received 34% more hits then the last 4 Sundays. The blogger mentioned us in his Tweets, posted our text on his Blog and he posted a response. His Tweet mentioning our product already shows up in a Google search. That is all we needed. He validated our product to his readers at that moment. Monday is when it got interesting. It is 11 AM the following Monday and our downloads for a typical Monday are up by a hefty margin and our SaaS signups for a weekend are up as well. More importantly, our inbox is full of questions about our product. What will be interesting is how many new clients we will retain as a result. Stay tuned.


The rules of engagement


This was a fun exercise and my very small staff finally get it. You have to be creative. Doing what everyone else does just won't get you noticed.


  • This method can only be used once. Remember, you are not at war with your opponents.
  • Pick your opponent wisely. He has to have a large following.
  • You have to have a solid product or service so when prospects come to look for themselves they can see the value and the difference.
  • You have to have a very thick skin. You wouldn't step into battle without armor, right? Your opponent won't just sit their and take it nor will his troops.
  • This technique can't be applied in all industries. It is just an example of how to use creative ways to break through all the noise.


    A apology of sorts


    I normally wouldn't apologize, this is battle after all, but I did blindside my opponent or victim depending on how you view my approach. He is a pup to Social Media where I'm an old dog. Although Lawerist isn't a fan of our product we hold no ill will. As I said, I enjoy the blog. It was the most likely candidate for the experiment and most believable as a opponent since we have exchanged text on his blog in the past and he does not like our product. It doesn't hurt that they have a large readership either. This is the number one reason I chose them for the experiment. I wish them the greatest success and will continue to read their fine blog.


    Closing statement


    Social Media's sole purpose to me is to attract new prospects. You have to be creative because in all the noise your message won't be heard, no one is really listening for a sales pitch. But they come running when they hear "Fight-Fight!".


    Frank A. Rivera CEO

    HoudiniESQ legal case management software


    UPDATE

    The children of the blog responded and came to Mr. Glover's defense as expected with exactly what I expected. With comments only a 16 year old could appreciate. The young and inexperienced are so predictable.

    Just to set the record straight.

    Several bloggers reported on my experiment and assumed that what I claimed in my post on Lawerist was made up. Nothing could be further from the truth. The fact of the matter is I indeed had these conversations with Mr. Glover via email exchanges and on the phone as he made a point of mentioning "Frank picks up the phone at LOGICBit" (I'm paraphrasing). In his own reply he says no such dialogs took place but in the same breath he says he never received the name of a firm he could do a story on. Which is it? Wasn't that in my post, you never took me up on it.

    Lawyerist is bias and has admitted so. TechnoLawyer has no bias. The contributors see to that. Both derive revenue from advertisers. Which in your opinion is more credible?

    I did expect bloggers to get the facts wrong though. They aren't journalist. They don't confirm facts before taking a position.

    Now I would be the first to admit that I can be abrasive and frank, no pun intended, but if you research my post on SaaS in general and on the legal software industry you will find that my post are more honest and revealing then anyone else's in the legal software business.

    Most Bloggers aren't authorities of any measure.


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    Google AdWords Ghost Clicks

    Is Google pulling the wool over everyones eyes?



    We have conducted many test recently and found that Google AdWords may be charging you for ghost clicks. We created complex phrases (made up words) that are very unlikely to appear in any Google search. The ad was set to run on the Google Search network only. We then Goggled every combination of search using these phrases and the ad did no appear a single time in the 1.5 hours we spent trying to get it to appear. We left the campaign active over night and to our surprise we received 8 clicks. Surprising since we could never get the ad to appear no matter how we formed our search phrase.

    If anyone could get the ad to show up it should be us since we made up the search phrases. We won't share the phrases used because we don't want Google to fix it then deny the charges are in fact just made up.

    We have found many unexplained charges during our test and find that Google AdWords in our opinion is ripping its users off. Here is one of our many test conducted in the month of March 2010.

    Here is a simple test you can perform for yourself.

    Open any browser. Search for Google Scholar. Notice no ads will appear.

    google.jpg

    Create a new campaign. Add the key word Google Scholar to your campaign. Set networks to Google Search only. This will limit your ad to only Google searches. Leave it overnight.


    Your account will show thousands of impressions which is expected but how can you have clicks if no ads were ever displayed? Here is the result of the exact same test performed on April 15th 2010. This time just 2 clicks but still no ad is ever displayed.

    click.jpg

    Don't complain though, as noted in their Terms and Conditions, Google reserves the right to terminate advertisements for any reason.

    You_Suck!!.JPG


    I use Google everyday but you have to be a fool to not wonder if Google isn't taking advantage.




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    Google wants your data public

    One of my worst fears regarding Google and its services has been confirmed.

    Unless you have been living in a cave with Bin Laden then you have probably heard of Google's misuse of its users private data.

    Google's position is that if you have secrets or something to hide then maybe you shouldn't take part in that activity. How obsured. What about the confidentiallity of the communication between lawyers and their clients, doctors and their patients? Google doesn't care. After all, it isn't Google's job to protect the attorney-client privilege, is it?

    A fundamental principle in the client-lawyer relationship is that, in the absence of the client's informed consent, the lawyer must not reveal information relating to the representation. This contributes to the trust that is the hallmark of the client-lawyer relationship. The confidentiality rule applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. Doesn't this include just about every bit of information you collect about your client and their case? Google can potentially expose these details and you will have no recourse.

    I have always been a skeptic of Google's "Do no evil" mantra. What's the first thing that comes to mind when someone says to you "Trust me".

    Why I don't trust Google you ask? Well for obvious reasons. Google collects data, Terabytes of data each and every day. The data they collect annually is measured in Petabytes. The Google bots alone manage 800TB.

    Google is in the business of collecting information and making it public so they can sell ad space. You see, Google collects much more then just the information in webpages. They scan and index your documents, Email, etc. What exactly they collect is a guarded secret. This alone raises a red flag. Why would what you collect be kept a secret unless what you are collecting would cause concern? It isn't a far stretch to take the view that if you store Email, documents, notes etc. on Google, then it has all been scanned and indexed.

    HoudiniESQ currently scans and indexes every bit of data you put into it including your Email, documents and Email attachments. Do you really think Google doesn't do the same?

    There is a huge difference in why Google scans and indexes all your data and why a Legal Practice Management Software vendor like HoudiniESQ might. A PMS vendor collects this information so you can search and view all your data and its associated tid-bits easily. Google wants this information so everyone else can. BIG DIFFERENCE. It is in Googles interest to have as much of your data made public as possible.

    I have always had a fear that Google would some day start to use or make public the vast amount of data they have been collecting and when they do it would be too late. As they say "You can't get pee out of a pool". The Google Buzz fiasco is just one case that we know of where your information has been made public without first obtaining your consent. If they ever did ask, you better get your client's consent first because its your clients information that is at risk.

    Does your client know you are storing information pertaining to their case and their lives on servers that are essentially owned by a company whose interest is primarily the collection of information for the sole purpose of sharing it or selling it? I doubt it. We aren't just talking about public court documents here.

    Using Google services for anything other than simple communication is careless and if you are placing your clients information on their databases then you could have a bigger problem on your hands in the near future as the repercussions of the Google Buzz leaks become more known.

    Data is so valuable, who just sits on Petabytes of data with no future plan to use it? Google is a business. If you simply scanned everyones Email and indexed just legal key words you have a gold mine of information. How about words like Nike, Mercedes or any signature containing IRS or Esq?

    Can Google scan data for information it can use to serve its own interest? Have they? You have to ask yourself, to whom will this data be made available and will I ever know if and when it is?

    As reported in USA Today:



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    Data Tagging is bad for business

    Data Tagging in the Legal Profession

    Everything comes full circle doesn't it? Tagging will too. The Tagging phenomenon is huge now thanks to the social web. It is nothing new and like most things it has its origins way back to a time before DOS was QDOS. In the old DOS days we created hash indexes.

    Tagging can be a quick way to categorize data but if you are not careful your documents, emails, photos and video evidence can get out of control and often do in a collaborative environment.

    A tag is a (relevant) keyword or term associated with or assigned to information (e.g. a photo, a map, a blog entry, or video clip) as a whole or in part. Think category.

    What has sparked the phenomenon besides the social web is the fact that anyone can categorize their posts, photos and videos with just a click a few keywords. That is why it is so popular, ease of use. Makes sense until you decide to use tagging in your legal practice.

    Tags are uniquely valuable in a system like Flickr, Myspace and Twitter since photos and funny post can be categorized fairly easily using Tags. A user can find all videos of funny pet tricks in seconds.

    I want to use tags because of ease of use, understandable, but what works for a social network doesn't for an industry with malpractice laws.

    Back when web directories were the phenomenon, AOL attempted to build their own web directory based on the Dewey Decimal System. They had 60 contractors in Arizona typing in web urls and assigning DDC numbers to them.

    How that turn out, it didn’t work. But why?

    Because two, individuals sitting 8 inches from each other will tag the same bit of information differently. The DDC number is useless. This is a huge problem.

    Tagging works at first until you ask your secretary to add a photo, document, email, or video evidence. No two individuals will tag the same bit of information identically.

    It gets pretty scary when you have one or more individuals collaborating and working with the same set of documents (11 different keywords for the same kitten photo) or worse, a group of individuals that are working on the same Matter. 10-30-100 documents with different tags but all related. How am I sure Sue didn't forget to use the matter Ref or ID as a tag for that witness interview? Lost in the shuffle isn't an option in this industry.

    All the hype is largely ignoring the fact that we've had tagging on the web going on a decade, and the experience on the search side of things is that it can't be trusted. The idea behind it is a good one don't get me wrong. People could use tags to classify their data instead of using folders which isn't practical for categorizing data in document and media form. The tags are largely useless over time though ... People used very individualized esoteric words which they soon forget themselves rendering the data that was tagged un-retrievable.

    Before we had full text search of the world’s knowledge at our fingertips (umm Google), search systems would let you retrieve documents by keywords. If the item you were looking for hadn’t been given the right keywords, it was undiscoverable. As far as critical searches are concerned the Web as a whole gave up on this idea a long time ago.

    Tags aren't a panacea, since they're excessively vulnerable to name clashes, typos etc. Items which should belong to the same categories will get different tags from different users.

    So what is the solution? Well I'm not one to complain and not have an alternative.

    We are all in agreement that document management is critical. Tagging is prone to user data entry errors. For the legal practice, it is my opinion that Tagging should be supplementary to a high end document indexing process.

    2 comments

    Virtual desktops and The Law Practice

    Imagine if you will, logging into a virtual desktop via your browser. Viewing all your favorite RSS feeds, todays weather, news, your kids soccer schedule, a bunch of stickies (post-its) you added to your primary workspace. You see Jim from accounting has left you a post-it. Expense reimbursement check is approved.

    You click your second workspace and you are greeted with the document you were working on last night from home. Again, you have stickies everywhere. >Bling!< You recognize the new eMail bell. You click the eMail fly menu and immediately you see Sue has sent you a Thank You for your help on that deposition last week. You reply and close your eMail. You begin to scan your RSS feeds >Wonk!< only to be interrupted. A Event Alert appears. You have a meeting in 15 Minutes to discuss the Miller case with the client and several Staff members. You open the Matter dashboard and see that Miller is already highlighted because there is a Event for it today. You quickly scan the dashboard and see that there is a To do you assigned as a task for Doug down the hall relating to this meeting.

    You click the Roster fly menu and see Doug is online. You select Doug's name and click IM. The chat window appears. A few seconds pass and Doug's name appears in the chat window alongside yours. Doug has accepted your invite to chat. "Hey" says Doug. Hey, we have that meeting regarding Miller in a few minutes. You reply. I can see on my To do list that you completed the Case Law review I assigned you. What were your findings? In particular, issue number 4. "Sue, I created a Word spread sheet outlining all the details. Sorry I didn't mention that in the To do notes. The document is checked in. Search for 'Miller findings'" Doug replies. Oh, Ok, great. You click the document repository fly menu and type "Miller f". >strum< 13 Documents a Matter and two To do's instantly appear. You select Doug's document and it begins to download. You switch over to chat again and type "Thanks Doug, see you in a few" and you click Exit Room. Chat closes and you select the document you just downloaded and send it to the printer near the conference room.

    You click your Calendar fly menu and quickly view everything you have going on today. It looks like you have several events scheduled for you later this morning by your secretary.

    You click your Matter fly menu and can see that you have two Matters with Events occurring this morning. >Wonk!<" an Alert appears. You have a Meeting in 5 minutes" Oh you think to yourself. Better get going to that meeting. You click your user profile and send a Twitter Tweet "In meeting but I have golf on my mind" you click send.

    You close your laptop and take it with you. Stopping by the copier you grab Doug's Miller Findings document you just printed. You head into the conference room where 4 other Staff members have already gathered. After a smile and a nod or two you take your seat open your laptop and get back to what you were doing.

    Looking at your Matter Dash board you select Miller vs JJ Hewitt and select the client under Contacts. You select the client and quickly type a reminder eMail about the meeting. You provide the conference room number and click send.

    Hmm, I wonder if I can get 9 holes in this afternoon. You click your Calendar and schedule a tee time. You check Private so only you can see the appointment details. Your secretary won't be scheduling anything for you this afternoon, you think to yourself. The conference room phone rings, you lean back in your chair and think, It has to be the client. A voice crackles over the speaker Dan Miller here. Sweet, your think to yourself. its going to be a great day.

    >Bling< One of your RSS feeds refreshes. Oh shoot. Obama is speaking at the college 4 miles from here. I better find an alternate route. You open the Yahoo map gadget you downloaded last week and check for an alternate route. You remember that the wife will have to pick up the kids and will probably hit that traffic. You click eMail on the map widget, select your Wife's name, type a few loving words and click send.

    Glancing at your desktop you see you have $6,339 unbilled and $12,345 billed. Not bad for the beginning of the month.

    The senior partner walks into the conference room eventually taking his seat beside you. He turns to you and says, I got you virtual post-it "2 pm tee off is perfect".




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    The Trouble With Tribbles

    On stardate 4523.3, Captain James T. Kirk and his crew are called to Deep Space Station K7 by a priority-one distress call. The station is near Sherman's Planet, a world in a sector of space disputed between the Federation and the Klingon Empire.

    Soon after arriving the crew of the Enterprise visit the space station where they meet an independent trader, Cyrano Jones, who has brought some little furry animals called tribbles onto the station to sell; he gives one to Uhura as a marketing ploy. She brings it on board the Enterprise, where it and its offspring are treated as adorable pets. The animals purr a relaxing trill that the crew (even the stoic Mr. Spock) find soothing.

    The "trouble" with the tribbles is that they reproduce far too quickly as do the number of documents, notes, todos, contact details do in your practice.

    Have you ever sat there while your boss stands over you, desperately searching for that missing document he or she needs RIGHT NOW? Or have you kept a client waiting on the phone for several minutes while you've searched for an important contract, deposition or status report?

    If you have, then however organized and effective you are in your day-to-day work, your boss and your client may have a less than perfect opinion of you, because in a key moment, you've let them down. And if it's your job to help people, and we all know that the practice of Law is just that, then you owe it to yourself to keep everything related to a matter organized and at your finger tips at all times. Because like Tribbles things can get out of control quickly.


    http://HoudiniESQ.com

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