The Greatest American Lawyer

A Rational Lawyer Life

      When I started this firm, I said that I wanted to build it on the foundation of rational behavior. Rational behavior does not ignore reality. Rational behavior takes an honest look at what is happening around you and uses the power of intellect to make smart decisions. That is what I try to do for my clients. Sometimes I do it better for them than I do it for me.

      It is Saturday and I am out jogging on the gorgeous wooded trails behind my office. Fall is here. Leaves trickle down from the windy sky and flicker in the brisk wind. It is sixty-three degrees, with blue skies and sunshine.

      This is the first day that I have been jogging this week. That is not very rational at all. I can rationalize my inability to jog during the week by suggesting that I am just too busy. But if I take an honest look back at the week, I see hours of lost time, inefficient time or low value time spent on low value items. From a rational standpoint, my health and my focus are both tied directly to getting exercise and eating right yet those are things that I have not been doing well lately. As I sit here in the wind in the brown grass along the trail, I know that I must become much more honest about who and where I am in life. It is time to take the next step forward and become a better person than I ever have then. Better for my clients. Better for my staff. Better for my wife. Better for my kids. But most importantly, better for me.

      I don't know what is worse, sliding backwards or standing still. I almost think that staying the same place is a bigger waste. We are all creatures of habits. We must break habits in order to get to the next level. We must build habits in order to get to the next level.

      I think I will spend the next month breaking bad habits and creating new good ones. It is time to challenge myself to take one step further forward in reaching my true potential.

Quality vs. Technology

      The recent NY Times  (need to register to see this article for free) article which highlighted the distracting parts of technology has got me thinking a bit about distraction. The NY Times article essentially recounted research which showed that our ability to focus is often negatively impacted by the distractions of technology. But, there are other distractions that fill our day. BigLawAssociate noted the distractions which come as a result of being an associate of a large firm. He noted that partners would sometimes come in and demand attention. They dole out assignments as if no one's time counted but their own. They freely interrupt and demand that you stop what you are doing right now and listen to them. It isn't that they are trying to interfere with you. It is more that they see themselves at the center of the universe.

      So, do we live in a world where distractions are becoming more abundant? I think that most people would answer this question yes. I know that I would. Yet, we know that quality of work comes as a result of focus, attention, concentration and intellect. I think we all feel that it is more difficult to deliver quality as a result of distractions. However, we also achieve the efficiencies of technology which makes information more readily available, strategic analysis more accessible and increases the ability to exercise intelligence. For instance, in preparing my mediation brief, I can access every document in the file as an Adobe PDF sitting on my hard drive. I have all of my prior analysis embedded into those files. My file structure on my file server breaks information out into categories and subcategories. So that I can quickly grab the important content in the case and throw it into the themes and strategy which my technology also provided leverage on when I first started the case. Instead of spending eight hours preparing the case facilitation brief, I can do it in three.

      So while we can do better quality work as a result of technology, we also know that technology makes it more difficult to focus on the essentials which are there on your file server embedded in your documents. Once we can blend the efficiency which technology brings to bear in an atmosphere of uninterrupted focus, we will have reached a level that has never existed in legal services. Isn't that what we are all striving for?

Removing the Hourly Handcuffs

As I ease into the fall season of my first year as an independent practitioner I am struck by how different legal practice is now compared to a year ago at a traditional hourly billing firm. The work is still hard and challenging. However a lot of the extraneous pressure and distractions are simply not part of my day anymore. I really do find myself focused in on the quality of my work product and my relationship with my clients. These were two areas for which there was no time in a firm where the focus was driven by hourly billing and forcing clients to pay their outstanding bills.

I cannot put into words exactly how this transformation has occurred. Nor can I put into words how different it really feels to have the hourly handcuffs removed

Wondering about thelaw.net

I am wondering whether anyone one out there has any experience with thelaw.net as a research tool. If you have any insights into whether or not this service is comprehensive and cost effective, please let me know. I am using Lexis currently, but do not have access to state case law outside my home jurisdiction. Perhaps thelaw.net would be a good supplement.

What technology do I use the most?

      Sitting here this morning at my laptop cart, I tried to make myself aware of what technology I am using the most in my practice. I have to say that the most valuable piece of software that I have downloaded on my computer in these last twelve months has been Copernic Desktop Search which allows me to search emails, files, favorites and a variety of other digital files almost instantly. Instead of scrolling through my email inbox or filing structure to find particular document, I simply type in a search term which I know will pull that document up, and then sort by sender, from or date. Because we have standardized file naming conventions, I am able to effectively find .PDF files even when they are not OCR readable. You can download Copernic Desktop Search here. 

Blawg Thinking

      With BlawgThink in Chicago right around the corner, I am once again wondering about such issues as the importance of blogs. There is no question that blogs are growing in both number and importance. However, if I had to name five other local attorneys who read blogs, let alone had an RSS feeder on their computer, I could not name any. Many lawyers I speak to do not really know what blogs are and have very little experience with them.
      This makes BlawgThink even more important for me. Again, I have the opportunity to be at the forefront of a movement and a new technology. Instead of playing catch-up, I have yet another opportunity to take the lead. Knowing what my blog can do in the search engine world, I currently have a huge advantage in obtaining leads for my law firm. In order to maintain that advantage, I need to be two steps ahead of the people behind me and ten steps ahead of those who start adopting this technology in the next six months.

Why Lawyers Don’t Talk about Budgets with their Clients

Does anyone doubt that the reason lawyers don’t talk about budgets with their clients is that they are so focused on getting the client signed up that they don’t want to put any impediments in the way of retention? If a client shows up in a lawyer’s office, there is a good chance that that client has thousands of dollars to spend on legal services. But Lawyers often avoid specific discussion about what it might cost to achieve a certain result. If a client only has fifteen thousand dollars to spend on legal services, but the case is one that looks like it would have to be litigated, then that client is looking at spending fifteen thousand dollars to get nowhere. In many instances the lawyer bills twenty thousand dollars before the problem becomes evident and the client indicates that they are out of money. Of course, nothing of substance has been achieved in the case at that point.

Isn’t it better for attorneys to simply tell clients up front that the result the client seeks cannot be achieved within the client’s budget? At least then, alternatives to litigation can be explored, or the client can simply make the intelligent decision to walk away from the problem. When a lawyer charges a client fifteen thousand dollars to get nowhere, the client will leave that lawyers office unsatisfied and, in all likelihood, with a billing dispute. That client won’t be coming back to that lawyer’s office.

In short, I think that it is a lot better for lawyers to make sure that clients can achieve their expected results within their budget from the very beginning of the case. This approach focuses on strengthening client relationships as opposed to simply draining the clients pocketbook of whatever money is available.

A Lawyer in a Small Town

I am walking down a street of a small town of a couple hundred people where I used to have a little law office. There wasn’t much legal work to do, but the walk to and from work was along the Lake Michigan shore, those were the days.

More on Techonology Distractions

My post on continuous partial attention phenomena has sparked some significant debate. The just of the article is that technology is such a huge distraction that it precludes us from actually focusing on tasks in a meaningful way. I think we all experience this at some level nearly every day as a result of cell phones, beepers, computers, email, skype, RSS feeds, ect. Carolyn Elefant at My Shingle posted this comment:

       "I'm going to link to this at my site, but in the meantime, thank you for this tip. At the end of the day, I often feel that I haven't accomplished enough and I blame myself for inefficiency and lack of focus. Now I see that the problem is not necessarily me, but rather, a broader problem that most people face. I know that this realization does not solve the problem, but at least, it enables me to refrain from being so hard on myself."

So this raises the question, what kind of strategies are we going to use in order to get the most out of technology, without suffering the detriments? I would recommend the following three things:

1. Do not disturb signs. We need to set aside blocks of time where we can get substantial work done without interruptions. Often, I block out sections of my calendar to work on briefs or preform drafting that I know is going to require several hours of uninterrupted time. I would encourage lawyers to use their calenders not only to schedule events, but to block off working time.
2. Step away from your computer please. We need to find activities in our office which get us out of our seats and away from our computer. In my office, I have a lot of space so I am able to walk around. I have couches. I have working areas where I process papers which are away from my computer. I also make it a point to go visit with staff occasionally in order to simply break away from the laptop. There are too many days where you simply get into the office and sit down at your desk, stare into your computer and wake up realizing it is 6 o'clock at night. We have got to find a way to stop this from happening.
3. Customize your cell phone message every day. I route most of my calls directly to my cell. I start each day indicating the day, date and my general schedule. Even if I don't have too much on my calendar, I make it clear in my message that I may not be able to return the call right away and provide an emergency number directly to my office if something should arise. You shouldn't pick up every cell phone call. You shouldn't leave messages that indicate that you will immediately return calls because you simply don't know what is going to happen on any given day when you initially customize your message.

The Big Law Associate Blog had an interesting post on the continuous partial attention phenomena. This anonymous blogger states:

            "This becomes a huge problem when you have billing targets to meet and an ethical conscience to maintain. For BigLaw associates it is all too common to spend a day in a state of frazzled and chaotic inattention, with constant interruptions or too many urgent tasks on your mind, and at the end of it feel that you have achieved nothing. Yet, you have to bill your 8 hours at outrageous rates or fall further behind."

Big Law Associate is correct that it is not only technology which can distract us but other members of a firm. This is another huge advantage of being an independent practitioner. I only have to juggle my clients and my staff. I don't have to answer to other attorneys or partners for whom there is no politically correct way to say "not now." There is no way to say that "I will have to put your task at number fifteen because I have fourteen other more important things which need to be done." Until we are able to take control of our task lists, make priorities on objective factors such as need and risk and find blocks of time to do quality work, our clients will not be as well served as they deserve to be.

         

My Top Three Blog Resources

As I was scrolling though my RSS feeder today (and it has grown substantially over the past six months) I stopped to think about which were the three feeds I go to first. Here they are in order: Real Lawyers Have Blogs, My Shingle, and Between Lawyers. There are many other great blogs out there but I find myself gravitating towards these three at this point in time.

Continuous Partial Attention Phenomena

As I continue to dig into this NY Times article, Meet the Life Hackers, I find little gems of insight which really do state what I think that alot of us are feeling. Here is one interesting quote from a software executive who calls the phenomena "Continuous Partial Attention."

        "The upshot is something that Linda Stone, a software executive who has worked for both Apple and Microsoft, calls "continuous partial attention": we are so busy keeping tabs on everything that we never focus on anything. This can actually be a positive feeling, inasmuch as the constant pinging makes us feel needed and desired. The reason many interruptions seem impossible to ignore is that they are about relationships - someone, or something, is calling out to us. It is why we have such complex emotions about the chaos of the modern office, feeling alternately drained by its demands and exhilarated when we successfully surf the flood."

Perhaps this is why we as lawyers sometimes do our best work in the evenings or weekends when the phone isnt ringing, the emails have slowed to a drizzle and office staff arent sending us phone messages and questions which need immediate attention.

Computer vs. Brain Balance

Marion Richmond posted a comment to my post that “technology fries your brain worse than pot”. Marion hails from the resident Resonance Partnership blog she noted a NY Times (registration required) called “Meet the Life Hackers.” The just of the article is that email is both a help and a hindrance.  For as much a benefit as it provides, it can also operate as a distraction. Clive Thompson, contributing writer for the magazine,  has this interesting quote,
         “For a small cadre of computer engineers and academics, this realization has begun to raise an enticing    possibility: perhaps we can find an ideal middle ground. If high-tech work distractions are inevitable, then maybe we can re-engineer them so we receive all of their benefits but few of their downsides. Is there such a thing as a perfect interruption?”
I agree that it is critical for us to find a balance between the benefits and burdens of technology. There is no question that technology can fry your brain, that it can become addictive just like anything else. In my office, I try to balance my time between my computer cart and other areas of my office where I do productive work. If I feel myself getting sucked into my computer, I try to get up and do other necessary work which requires walking around. This breaks me from the spell that technology can put me under and helps to ensure that I am focusing on many tasks, as opposed to just one.

Client Service: Law Firm Client Surveys

Tom Collins at the MorePartnerIncome blog has this post on law firm customer service surveys, encouraging law firms to prepare them and use them.

One of those concerns is client service quality.  We know from surveys that when clients consider service, it isn’t the quality of the lawyer’s work they talk about.  They talk about poor billing practices, unreturned phone calls and their experience when visiting or calling the firm. ..

An increasing number of firms have a published Client Bill of Rights or an internal Client Service Quality Standard.  Preparing either and communicating it to everyone in the firm will make a difference. But for the best immediate impact, have the team prepare it. Depending on the size of your firm, bring together the entire staff or a quality committee. Their mission is to spell out standards for delivering quality service to the firm’s clients and that includes addressing the little things that make a big difference.

The failure to survey clients, I believe, is largely intentional by most law firms who spend a lot of energy keeping clients in the dark about their cases, strategy, budgets and expected results.  Most traditional hourly billing firms don't have any inclination to solicit feedback from their clients because they have no intention of provoking change.

Poll Finds Anticipation By Attorneys Of Billable Hour Demise

Adam Smith blog conducted an informal poll about the future of the billable hour.  To my surprise, the results showed a much higher awareness that the billable hour system is susceptible to demise.  Perhaps bloggers are simply more informed than most other attorneys.  We might suspect that devoted hourly billers failed to vote, being so busy billing hours!    Check it out ...

Also, here is another post of an email received by an antitrust lawyer at a major law firm, urging law firms to get ahead of the curve and abandon the billable hour before the client demands it.

Michigan Lawyers & Judges Disagree with WSJ Article

A poll at Michigan Lawyers Weekly, a non-partisan journal for Michigan lawyers, finds strong disagreement with the Wall Street Journal article suggesting that the Michigan Supreme Court deserves praise.   

The last I looked, almost 89% of those responding  (which would overwhelmingly be comprised of Michigan lawyers and judges, both plaintiff and defense) disagreed with the article. Of course, attorneys in Michigan already know this as defense lawyers and trial judges are as likely to make jokes about our Supreme Court as are plaintiffs lawyers. When a the state's top court becomes a political joke to the members of the bench and bar, we have to wonder if our Michigan judiciary will ever recover from the damage being done to the court's reputation.

You can vote here (bottom right of page) or see the most current poll results here.

A poll at Michigan Lawyers Weekly, a non-partisan journal for Michigan lawyers, finds strong disagreement with the Wall Street Journal article suggesting that the Michigan Supreme Court deserves praise.   

The last I looked, almost 89% of those responding  (which would overwhelmingly be comprised of Michigan lawyers and judges, both plaintiff and defense) disagreed with the article. Of course, attorneys in Michigan already know this as defense lawyers and trial judges are as likely to make jokes about our Supreme Court as are plaintiffs lawyers. When a the state's top court becomes a political joke to the members of the bench and bar, we have to wonder if our Michigan judiciary will ever recover from the damage being done to the court's reputation.

You can vote here (bottom right of page) or see the most current poll results here.

What could be more important than where you go to work?

I have always believed that environment is a key component of our day. My life was best when I was living on the beach in Leland with my wife and first son, living on approximately $15,000 per year but living in paradise. That paradise made everything seem ok, almost no matter what.

When I re-entered the work force at my old law firm, Shaved my goatee and donned dress shoes for the first time in almost six years, I wondered about how much my environment would infect who I was. As it turns out, I would be the first to admit that my environment had a pervasive effect on virtually every aspect of my life from family, to social activities, to outlook, to anxieties, to health and virtually anything else you could think of. I helped create my environment in a way which pulled the positives from the potential that exists from any situation. I jogged to and from work because we had workout facilities and showers in the basement. I never let my kids see me in a suit and tie, because I left in my jogging clothes and returned in my jogging clothes each day. But there was only so much I could do. I wish I could say that I was a strong enough person to overcome any obstacle, and simply create any environment which suited me. But I have always been susceptible to the winds of change, to the forces which sometimes quite powerfully blow me in different directions. I wonder how many other people think that their environment is such an important part of the most important issue of quality of life?

Change Everything

The further I get away from the traditional hourly billing model, the more I allow myself to be transformed as a lawyer and as a person. Sometimes, we forget that our choices are much broader than we perceive. Often times, we feel much more constrained than we really are.

As time goes on in my new life, I find myself becoming more relaxed and willing to accept whatever comes my way. I entertain projects that simply make me feel good, even when there is no other reason to pursue it. Although I still have a long way to go, I realize that my decisions are being driven more and more by me, as opposed to circumstances or others. How much in control do you think you are of your own life?

One man’s meat is another man’s poison

The Wall Street Journal has a story praising the Michigan Supreme Court as the greatest in the land.  The logic of the author Patrick Wright (a senior legal analyst at the Mackinac Center for Public Policy, where he directs the Legal Studies Project) is essentially is that this court is so 'brave and just' that it is willing to freely overturn any precedent or statute it disagrees with.  The most amazing thing is that the court's greatness is so compelling to the author that he gushes about what is effectively legislating from the bench. He states:

Respect for precedent is basic to the stability and predictability that is a prized achievement of the rule of law; but it can also turn into a rule of unreason, impeding necessary reform. Refreshingly, the Michigan Supreme Court has been willing to simply admit error and move on.

Of course, one man’s meat is another man’s poison.  One persons view that a decision is in error is little more than a political preference is most (but not all) instances.  And the author of this article no doubt agrees with the political outcomes in these cases which makes supporting the court easy.  Of course, nearly all lawyers in Michigan accept that we have an extremely conservative Michigan Supreme Court, and most believe that the Court comes to the political result it wants to reach, irrespective of prior precedent or legislative language. We can easily suspect the author's prefrence by his comment suggesting that somehow prior court rulings were "impeding necessary reform." 

Keep in mind, any decision by a state supreme court can be addressed in the legislature which has the ultimate authority to make laws.  We know this process best in today's world as 'tort reform.'  Nothing can get in the way of any democratic reform of law, which comes through the legislature. What the author is really saying is that the Supreme Court has an obligation to act where the legislature has refused to do so.  Even assuming prior precedent was wrong, stare decisis compels courts to follow that law until the legislature through the democratic process sees fit to change it, except in the most extreme circumstances. The Michigan Supreme Court has unabashedly overruled or ignored prior precedent at a rate unprecedented in American jurisprudence which this iteration of the court conveniently labels as 'wrong'.'

When precedent if shelved in favor of popular politics on the state's highest court, don't the conservatives understand that the entire judiciary suffers?  When the Michigan Supreme Court someday turns left and overrules the last 10 years of overruling, will they complain about stare decisis and the importance of legal precedent?  I'm, betting yes.  What do you think?

Linear Model Of Litigation Management

Eric Parker @ the Parker | Scheer LLP Blog posted this comment to my post on case managers in litigation:

I manage an AV rated, Boston civil litigation law firm of 8 lawyers, and recently completed a long awaited reorganization of the way cases were managed my attorneys, that has shown some early signs of success.

Essentially, we changed from a "conical" case management model (each partner has a group of cases, which are managed from inception through trial by the partner, along with his/her associate, paralegal, secretary, etc.) to a "linear" model, which divided attorneys into "pre-litigation" and "litigation" group members. Pre-lit attorneys handle cases from intake through the date complaints are filed (if necessary), and litigation group members take it from there.

The purpose of this shift was to have each attorney get better at what they do. Pre-lit. attorneys learn how to better identify promising cases, prepare settlement packages, learn how to value cases, mediate better, arbitrate better, etc. On the other side, litigation members improve skills used to draft discovery, identify new theories of liability, and try cases better. Litigation members also serve as mentors to pre-litigation attorneys who -- theoretically -- will move toward the litigation group after a reasonable amount of time. So far, so good. More to follow.

This is such a great example of thinking 'outside the box.' Of course,a  firm has to be dedicated to delivering quality and results to even conceive of the litigation management model described by Eric.  Congratulations to Eric and his firm for their commitment to innovation in the practice of law.

Idiot Lawyer Has No Time To Read Blogs

Here is a great post from Marianne Richmond at the Resonance Partnership Blog.  She notes that her divorce lawyer is mystified as to why his clients do not express gratitude after he "won" their cases.  When she suggests that he read any one of several blogs on the subject (including this one, thanks Marianne), her lawyer responds that he does not have time to read blogs.  Marianne Richmond's immediate thoughts I think are right on the money.

My thought of course was: Do you really have time to not read blogs?  And I know I am at one extreme with my the answer to all of life's mysteries can be found in the blogosphere attitude....but c'mon, you want to know why, despite winning a case, your clients seem dissatisfied? Have a conversation with them...and listen; add some empathy. There you go...good start. You are in the service business....did you serve their needs? You say you "won" the case...did you have a discussion with them to define what "winning" the case was so in the end you could agree that you had won.  Oh, stop billing your clients for your mistakes, especially when it is because you didn't listen...ok, I may be going too far.

Marianne, you have not gone too far.  Perhaps you have not gone far enough.  A lawyer billing for things which turned out to be mistakes is wrong.  A lawyer who bills for things they were told not to do is wrong. Someday, it will be more than a few of us saying it.

Technology Fries Your Brain Worse Than Pot

CNN reports that technology fries your brain worse than marijuana.

Don't be a slave to technology: In more than 80 clinical trials, Dr. Glenn Wilson, a psychiatrist at King's College London University, found that workers distracted by phone calls, e-mails and text messages suffer a greater loss of IQ than if they'd smoked marijuana.

The IQ of those juggling messages and work fell by an average of 10 points -- equivalent to missing a whole night's sleep and more than double the four-point fall seen after smoking pot. The drop in IQ was even more significant in men.  more ....

I don't know anyone as "plugged into technology" as Dennis Kennedy.  He did seem a little loopy at the LexThink conference in the Spring, 2005.  I just hope he doesn't drive or operate heavy machinery when he is done teching for the day :-) 

The remaining question is obvious.  Does technology also give you the munchies?

Speaking of Dennis Kennedy, he and Matt Homann from The Non-Billable Hour are hosting BlawgThink 2005!  in Chicago on November 11 and 12.   I'm going, are you?  If not, you should be if ...

1. You are interested in understanding and launching a successful blog.
2. You want to take your blog to the next level.
3. You are interested in originating more clients with a properly launched blog.
4. You believe that blogs can change the world.
5. You want to meet the top legal bloggers in the universe.
6. You simply like Chicago and are looking for a reason to write off a shopping trip.
7. You want to know who is the author of the Greatest American Lawyer blog?
8. You want to see if the technology buzz really is as disabling as smoking marijuana.
9. You want to hear one of the following people speak. Matt Buchanan, Ben Cowgill, Dennis Crouch, Fred Faulkner, Peter Flashner, Brandy Karl, Cathy Kirkman, Rick Klau, Jim McGee, Steve Nipper, Kevin O’Keefe, Evan Schaeffer, Doug Sorocco, Ernie Svenson, Jack Vinson, Will Hornsby and J. Craig Williams.

If you’ve hesitated on asking for an invitation to BlawgThink, don't hesitate.  There are still spaces available. Just let Matt know you are interested (matt@lexthink.com).

Mass Tort Wiki

Is the use of Wikis to investigate mass torts the wave of the future? Check out this Wiki dedicated to the Ethan Allen tragedy which can be edited by anyone. 

Lawyer Advertising Ethics In An Internet World

As you all know, I am a big proponent of alternative advertising for lawyers.  [See my previous post on including Paris Hilton is an alternative billing advertisement campaign.]

I think lawyers should put content on line so that average citizens can educate themselves about issues and their rights.  Here is a link to an ABA article which discusses in detail the issues facing state bar associations in dealing with the advent of blogs and web sites in the face of lawyer advertising rules.  As with the case of Ben Cowgill, many state rules are grossly outdated and fail to even contemplate the advent of the Internet.

Deleware Supreme Court Protects Anonymous Blogger's Identity

Furdlog has a post which is encouraging to those of us who blog semi-anonymously:

The Delaware Supreme Court ruled Wednesday that if an elected official claims he has been defamed by an anonymous blogger, he cannot use a lawsuit to unmask the writer unless he has substantial evidence to prove his claim.

That standard, the court said, “will more appropriately protect against the chilling effect on anonymous First Amendment Internet speech that can arise when plaintiffs bring trivial defamation lawsuits primarily to harass or unmask their critics.”

The New York Times news report is here. 

What was said?  Here is what got John Doe Blogger sued for defamation:

At issue was a defamation lawsuit filed last year by Patrick Cahill, a councilman in Smyrna, Del. Mr. Cahill said he needed the identity of a blogger who in a September 2004 posting praised the mayor but said Mr. Cahill was divisive and had "an obvious mental deterioration."

In a second posting, the blogger, named John Doe in the suit, wrote that Mr. Cahill "is as paranoid as everyone in the town thinks he is," according to court records.

As the Internet continues to evolve, the First Amendment will continue to grow as a major legal battleground. Let's face it, yelling obscenities at our neighbor across the hedge is nothing compared to what we can do with blog technology.  For one, I believe in the right to yell across the hedge.  This Delaware Court got it right.  The fact that Mr. Cahill sued over the opinions voiced above tells us he must be paranoid.  I think the court saw his allegations as frivolous (clearly these were opinions not facts) and saw Mr. Cahill's real motive.  He wanted to unmask the blogger and the suit was simply a tool to accomplish that goal.  Here is the opinion.

Here is a great quote from the Court:

"The Internet provides a means of communication where a person wronged by statements of an anonymous poster can respond instantly, can respond to the alleged defamatory statements on the same site or blog, and thus, can, almost contemporaneously, respond to the same audience that initially read the allegedly defamatory statements.

Who said judge's are not tech savvy?

Case Managers in Litigation

I have a great opportunity to solve on of my biggest problems since starting my new practice. While I have a number of staff and multiple virtual workers, I have quickly realized that managing tasks was very challenging. The most amazing thing happened when I sent out tasks to virtual workers. The tasks came back as completed! I then had to process those completed tasks and then reintegrate them back into the litigation strategy. I found my ability to generate tasks was beyond my ability to review work product and reintegrate that work product into the case flow.

A retired in house counsel for one of the larger corporations in the United States has been my client for several years. He loves the business model that I am operating under and will be coming on board as an independent contractor in December to help manage litigation cases. I anticipate his role will be to identify and assign tasks as well as reintegrate those completed tasks into the case strategy. If I can reduce my involvement down by 80%, I will in a much better position to do that which I do best, litigate.

Is there a role for case or litigation managers in the law?

Lawyer Egos Dominate Everything

Someone was asking me the other day why I didn’t have my name in my Law Firm. The name of my firm is like Boston Legal except the first word is the name of the city that I live in. My previous law firm was called the “E Pluribus Law Firm.” I would never put my name in my law firm. I have been at too many of the Mega Firms and watched time and energy get wasted on where someone’s name appears on the letterhead. For me, The tradition of lawyers naming their firms after themselves is just symbolic of the systematic egomaniacal focus of the entire industry.

Compiling Info On The Ethan Allen Accident in NY

One of the most amazing things about the Internet is how quickly information becomes available when tragedy strikes.  Hurricane Katrina information spread like wildfire across the Internet.  So did information about donations and how to help.  The latest accident in New York where 20 elderly people drowned when a sight seeing ferry called the Ethan Allen capsized on Lake George is just the latest example ...