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  Older articles will be moved here after several weeks and will be accessible indefinitely, or as long as I have the space.
 
MS More on the Casemaker Service Available to MS Bar in May 2/15/05
  Washington Lawyer, the DC Bar monthly, has an in depth article on Casemaker and it's growing place in the competition for solo and small firm business.  Entitled Web Wars: Online Legal Research at the Crossroads, this is the the February issue's cover story.  If you currently use and online service, you will need to evaluate your options.  Casemaker will be available to all members of the Mississippi Bar and represents a significant amount of material and search options as the giants like Westlaw and Lexis used by small firms in a general practice.  Casemaker will be available for free to all Mississippi attorneys.

The Mississippi Lawyer may have published an article on casemaker, but since the magazine is not available online anywhere, or in print at any library in this area(!)  I cannot say how informative it might be, or what issue in which it was published.  Yet another reason this website fills an information gap for Mid-South lawyers, but that's a subject for another article.

Follow up: A more "nuts & bolts" article on Casemaker at LLRX.com explains in better detail how the system works and why. Note the publication date of September 16, 2002.

   
AR Legal Help for Military Personnel  2/7/05
MS The Mississippi Supreme Court has adopted a new rule allowing out-of-state military lawyers to represent military personnel in state court.  This rule follows the recommendation of the American Bar Association in February 2003 in conjunction with the military's own program to use military lawyers to assist personnel in civil matters. The complete report of the American Bar Association Working Group on Protecting the Rights of Military Personnel is on ABAnet.org.  The report lists recommendations for changes in federal and state law to assist military personnel in civil matters, education and voting rights.

The Arkansas Bar Association has formed a Task Force to evaluate the needs of attorneys and the public in the wake of September 11.  Their website provides a link to information on the American Bar Associations FAQ for attorneys on the Soldiers' and Sailors' Civil Relief Act, the Federal Re-employment Rights Act.

   
TN New: Board of Professional Responsibility Web Site
  Lo and Behold!  I am here to swear this site did not exist in January and the months previous whilst I was busily compiling my research directories (nevermind  the 2004 copyright date).  This solves many previous problems such as where to find the most recent Formal Ethics Opinions, finding pro hac vice attorneys, plus consumer assistance information.  At the library we are asked by the public about making a complaint or how to determine if their complaint is legitimate.  It's not my favorite reference question, as you can imagine, and made worse by the fact that the only information I did have was a long distance number to the office in Nashville.  The BPR site now has all the public could expect by way of information on resolving the problem themselves, the nature of the complaint process and an overview of the Consumer Assistance Program.  Plus they have a free, searchable directory of attorneys, which I believe is a first for Tennessee (yes I looked, and my own info is correct).   I have some updating to do on my site.
 
 

Internet Searchers are "Overconfident"

 

A new study by the Pew Internet & American Life project finds a high level of search engine use by online adults, 84%, and a high degree of confidence in their results, 87% say they are successful most of the time.  Yet, that level of confidence is likely unfounded.  For example two-thirds of those surveyed said that they were unaware of the distinction between paid and unpaid results.

This survey covers general search engine use.  Chris Sherman, Associate Editor of SearchEngineWatch.com has written "Survey: Searchers are Confident, Satisfied & Clueless" comparing that survey with his own and others that have made similar findings.  It's well worth the read to look at the common pitfalls and shortcomings of everyday searching.

Lawyers shouldn't expect Legal research online to be an exception to the overconfidence trap.  And there are more reasons to be more knowledgeable with general and legal specific search engines.  General search engines such as Google and MSN Search do not discriminate in their listings and results can be far larger than you have the time to wade through.  Results can be tailored or restricted somewhat with advanced searches. see Google Advanced SearchLegal Search Engines limit their listings to law related sources, but can be limited for other reasons.  findlaw.com is owned by the same company that owns Westlaw and West Publishing.  While findlaw.com is a tremendous resources of free legal information not found anywhere else, my own experience is that search results can be skewed toward West products.  That's perfectly fine as far as I'm concerned, but that's because I know that fact before I start my search.  Several other popular legal search engines are geared toward the public and their results are aimed at the pro se researcher.

Background information on legal resources is crucial in the effective not to mention efficient search.  I've included information on several good legal search engines in my Internet Legal Research Guide.  Another good site with depth on the subject of legal search engines is The Virtual Chase.

 

TN BPR Complaints are down, but Are Legal Services Down Too?  2/3/05
  The February '05 issue of the Tennessee Bar Journal reports the Board of Professional Responsibility's finding that complaints to their office have dropped 5.8% from FY July 1, 2003 to June 30, 2004 from the previous fiscal year and down 44% from FY 1998.  Compare that with TBJ's report in the January issue that civil case filings were down from the previous fiscal year by 1.83 percent.  This is according to the annual Judicial Weighted Caseload Study Update compiled by the Tennessee Comptroller of the Treasury Office of Research.  Is the decrease in BPR complaints a result of improvements by the attorneys in their practice or simply less client complaint because there were less clients?

I was curious to see if the rate of disciplinary complaints corresponded to the rate of civil filings in any way, but it turns out to be just the inverse, as far as I can tell.  The 2004 caseload study cited by the TBJ has not been released yet according to the Comptroller's Office.  Provided the TBJ reporting is accurate, the decrease in civil filings reverses a trend of the previous four years.  Looking at the January '04 Caseload Study which includes previous years' data not available before, all state court filings increased from 2000 to 2003 by 3.52% and civil filings were up 3.12% in that same period.  And while civil filings may have gone down last fiscal year by 1.8% the need for more judges has increased indicating an overall increase in filings.

The number of filings is not necessarily an accurate indicator of how much legal services increase or decrease; it's as close a guess as is measured in the state.  Just what is the source of BPR complaints is not reported.  Attorneys receive a report of complaints broken down by county every year, and the TBJ reports the nature of actions.  However, actions by the Board comprise only a small number of overall complaints.  So if complaints are more likely to arise from probate or family law matters and the number of filings in those categories went down 2.57% and 4.01% respectively from 2000 to 2003, then perhaps there is some correlation.

I will be even more curious to see the report when it is released.  I contacted the Comptroller's Office and was told that I would be put on the distribution list, but they did not provide a release date. Maybe I'll call my colleagues at the TBJ and see how they managed a peek.  Then maybe I can come back and answer the question I posed in the headline as a definitive "no."  And that would mean that we can give all the credit to Tennessee attorneys for the decrease in BPR complaint filings.
-TB

   
TN
 
Proposed Changes to the Board of Professional Responsibility 12/28/04

After replacing the old Code with the Rules of Professional Conduct, the Supreme Court appointed and advisory committee to review the entire BPR process.  They also invited recommendations for changes from the ABA Standing Committee on Discipline.  The proposals and Chief Disciplinary Counsel Lance Bracey's Response are posted on the Supreme Court site.  The ABA committee's proposal makes the most recommendations for change with Lance Bracey differing with some of these recommendations.  Although the period for written comments ended August 2, '04, a report by an appointed panel of practitioners is still forthcoming.

Internet Searchers "Overconfident" 01/24/05

 A new study by the Pew Internet & American Life project finds a high level of search engine use by online adults, 84%, and a high degree of confidence in their results, 87% say they are successful most of the time.  Yet, that level of confidence is likely unfounded.
read full article

Precautions Necessary for Online People Finders 012/01/05
 Two articles posted today on The Virtual Chase Alert tell of problems with so-called people finding services that sell nothing more than collections of links to free sources and another online finder with inaccurate data.  While I don't want to use this space to simply duplicate what you could find yourself else where the web, this is kind of advice that ought to be repeated, i.e. because it will save you time and money.  In addition, TVC posts a link to BRB publications, Inc. and the title Public Records Online, 5th ed. which I take to be an endorsement.  While I haven't looked at the book, yet, I can say that TVC which is primarily written by Genie Tyburski and to me gives it a presumption of correctness.  There are two links on my own Guide that I can vouch for.
-TB
   
MS Mississippi Bar to Provide Casemaker to All Members 1/12/05

Beginning in May 2005, Mississippi attorneys will have access to Casemaker online library.  For those not familiar with Casemaker, like myself, it is a consortium of state bars who each contribute their state's materials, code, opinions, etc so that every member has access to every state.  Practically all of this material is already online for free, after all that is wherelaw.com's whole raison d'etre, so I would be very curious to here from any attorney who has used or is familiar with this service as to it's benefits.  I'm not about to jump to the conclusion that it would be redundant, especially if it provides more robust methods of searching.  That would be something Tennessee could really use for it's cases and Mississippi could use for simple access to regulatory material. Casemaker may hold benefits for Tennessee and Arkansas as well.

Just How Long Will Your Data Last? 
An Unrecorded CD's life expectancy is 5 - 10 years
11/22/04

You paid the sales tax on that CD burner; now face data life's other certainty: death.  All forms of data storage have a limited life expectancy. 
Most firms have made the leap to digital back-up for their documents.  Just burning documents on a CD is not a lifetime guarantee those documents will be accessible forever.  How long will they last?  The answer is complicated.  If handled properly, data recorded on a writable CD will last 50 - 100 years and 20 - 100 years for rewriteable CD according to the Optical Storage Technology Association.  They also provide helpful advice on proper storage and other useful information for those who put great store in their back-up files.
Equally as important in the hardware and software needed to read these files.  In my own office are dozens of 5 inch disks, the real floppy disks, neatly cataloged that are essentially useless. I couldn't find a 5 inch drive if I wanted to.  Now the trend in new computers, especially laptops, is away from the once common 3 1/2 inch.  More and more file sizes, like those used with digital imaging of documents are too large for this format. When upgrading your system, consider your old data. 
Also consider the software that you need to read and print your documents.  With most software is continually upgraded or discontinued, the issue is backward compatibility.  will old files be readable on newer versions of software, can the files be converted to newer formats and will any new operating systems run the old software you need are important questions with all upgrades.

-tb                                                                                 / link / print /

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