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MS |
More on the Casemaker Service Available to MS Bar
in May 2/15/05 |
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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. |
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AR |
Legal Help for Military Personnel 2/7/05 |
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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. |
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TN |
New:
Board of Professional Responsibility Web Site |
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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.
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Internet Searchers are "Overconfident"
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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 Search.
Legal 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.
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TN |
BPR Complaints are down, but Are Legal Services
Down Too?
2/3/05 |
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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 |
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TN
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Proposed Changes to the
Board of Professional Responsibility
12/28/04 |
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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. |
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Internet Searchers "Overconfident"
01/24/05 |
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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 |
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Precautions Necessary for Online People Finders
012/01/05 |
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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 |
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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
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