Tech

Using E-Z Pass data to prove infidelity

In what might be a compelling reason to go back to using your spare change when paying tolls on the highway, we found this report of E-Z Pass data being used to prove infidelity:

E-ZPass and other electronic toll collection systems are emerging as a powerful means of proving infidelity. That’s because when your spouse doesn’t know where you’ve been, E-ZPass does.

“E-ZPass is an E-ZPass to go directly to divorce court, because it’s an easy way to show you took the off-ramp to adultery,” said Jacalyn Barnett, a New York divorce lawyer who has used E-ZPass records a few times.

Lynne Gold-Bikin, a Pennsylvania divorce lawyer, said E-ZPass helped prove a client’s husband was being unfaithful: “He claimed he was in a business meeting in Pennsylvania. And I had records to show he went to New Jersey that night.”

Whether it’s E-Z Pass or Fast-Lane, such devices provide an often overlooked source of evidence.

Verbal Branding and Productive Interactions

By: Stephen Melanson

Do you realize it took until 1977 before attorneys could advertise their services legally?

David L. Hudson Jr., a First Amendment Center research attorney (www.firstamendmentcenter.org) tells us, “(In 1977, the Supreme) Court first determined that attorney advertising was a form of commercial speech entitled to some degree of First Amendment protection in Bates v. State Bar of Arizona.”

Prior to that, he writes, the law said, “A lawyer shall not publicize himself, or his partner, or associate, or any other lawyer affiliated with him or his firm…”. Only business cards were an acceptable form of promotion.

Things have changed.

With consolidation and the overall ability to differentiate from each other diminishing, law firms are getting more and more attentive to their marketing efforts and brand identities.

For now, let’s focus on branding, and a curiously hidden element of it: verbal interactions as a brand building tool. Imagine how you’d feel if every time someone in your firm spoke to someone outside it, you lost money and your brand was diminished.

That sounds pretty awful. Unfortunately, it’s not exactly uncommon.

Most organizations, as far as I can tell, don’t recognize that direct contact with the public, i.e., actual conversations, represents the front line of their brand, and that these interactions must be managed as branding activities.

From over twenty years of varied business experience, there’s one thing I’m quite sure of: the last people to be trained and given a full understanding of an organizations’ value and brand positioning are, quite surprisingly, those on the front lines of direct customer contact.

That’s not only a shame and a lost opportunity, but it literally stands branding on its head.

Given one regrettable interaction, some clients will remember it the rest of their natural-born lives, and to them it’ll symbolize a firms brand from then on. (If you doubt this, ask an unhappy client what your brand is. Often, they’ll be most upset about an interaction they had with someone on the staff.)

It’s bad for business and, well, just bad for everybody. Therefore, verbal branding ought to be a management priority and a critical training issue.

Before we continue, let’s establish some philosophy: No matter what you do, you can only count on your audience (the public and individuals) remembering one or two things about your firm—period!

I know this to be true, and I can’t overstate the importance of understanding this going in, so you’ll develop your messaging correctly.

With this in mind, how confident are you that an initial contact with someone is promoting your brand effectively? Or for that matter, think about your web site – another type of “interaction” – and if a visitor will leave the site remembering what you want them to?

Without this effort to manage what people remember about you, especially through verbal contact, your brand could be diminished every day and potentially with every conversation.

Yes, it’s a scary thought. But as I mentioned, at some companies it’s happening right now, everyday.

Consider: Do you really need to tell people so much during a first conversation? Are questions of any kind likely to take you “off message,” never to return? If so, maybe you haven’t really found your best brand message. And by the way, does the home page of your web site really need to be that busy? It’s probably diluting your message.

Let’s get back to the central point. What do you really need someone to know – or if you will, remember – so each direct interaction is as productive as possible? The idea of “productivity” is an important one to verbal branding. An interaction is productive to the degree that people remember what you want them to, whether it’s a day, week, or month later.

When you’re compelled to tell your audience every detail of your organization and service, it simply means your verbal branding needs work.

As Vincent Gardenia said in Moonstruck, “That’s all I’m saying; I’ll say no more!”

Let me describe a productive business environment from a verbal standpoint: each interaction has a foundation of just a couple of central concepts; your answers to questions support, and track back to, those concepts rhetorically instead of diverting from them; and when anyone in your organization is asked, “What in the world do you guys do?” they understand what needs to be communicated, and they can do it with simplicity and confidence – every time.

Is it less exciting? Maybe. Does it work? Definitely.

Plus, the entire staff now has more confidence and the relief of knowing what to say. That’s how you generate more revenue, increase market share, and build your brand on a daily basis, conversation by conversation.

I like a quote by Patrick Lencioni, author of The Five Dysfunctions of a Team:

“If you could get all the people in an organization rowing in the same direction, you could dominate any industry, in any market, against any competition, at any time.”

I couldn’t agree more.

Stephen Melanson is a brand and positioning consultant, specializing in verbal brand development and teaching its application.
Email: stephen@melansonconsult.com

Where is my “Add/Remove/Rename” button?

In TurboLaw 2.60, the old Add Remove Rename Button was itself renamed to Open this Folder. Instead of opening a TurboLaw window, the new button simply opens the folder where TurboLaw is saving your documents – right in Windows itself. (Technically, this view is a “Windows Explorer” window.)

Add Remove Rename Button
The old Add Remove Rename Button has gone the way of the Dodo

Open this Folder
The new Open this Folder button has replaced it

The Open This Folder Window
The Open This Folder Window

From this window, you can add, remove, or rename any file you see.

Adding files is easy – just drag & drop them into the folder, or use copy & paste, or whatever method you are comfortable using. Since you are just copying (or moving) a file from one folder to another on your computer, you do not need to remember any new special way of doing it. Adding a file to your TurboLaw case folder is no different than adding a file to any other folder on your computer.

Removing a file is also easy – and with this new window, it is also safer. Just select the file (or files) you want to remove and press the “Delete” key on your keyboard; or right-click and choose “Delete;” or click the “Delete” button on the Windows Explorer window toolbar. In other words, you can delete the file (or files) just as you would any other file on your computer. The extra safety comes from the fact that files deleted from your computer will go to your recycle bin, instead of just being deleted immediately – the same as any other file on your computer. So if you make a mistake, you can recover your work. (Assuming you haven’t emptied the recycle bin, of course!)

Renaming a file, as you can probably guess, is also very easy. You rename a file in TurboLaw the same way you rename any other file on your computer. You can right-click on the file and choose “Rename,” or use any of the other ways that Windows Explorer allows you to rename a file.

So if you were wondering what happened to the old “Add/Remove/Rename” button, now you know – it has been replaced by the new “Open this Folder” button, which allows you to do everything you did before – only now it is easier, and more in-line with the way you add, remove, or rename files elsewhere on your computer. As always, we are only seeking to help make it easier for you to get your work done!

TurboLaw and Pocket PCs

More and more often, we’re hearing questions along the lines of “Can I use TurboLaw on my PocketPC?” And the answer to this question is “Yes, and No.”

Yes, you can take your TurboLaw documents and edit them on your PocketPC by using the “pocket” versions of Microsoft Word and Excel (these typically come with any new Windows-powered PocketPC). Remember, TurboLaw documents are just Word (and occasionally Excel) documents – so once TurboLaw has created them, you can do whatever you like with them.

The “no” part of the answer comes from TurboLaw itself – there is no PocketPC “version” of TurboLaw that you can run on your PocketPC. So you can’t create new forms on your PocketPC – you can only edit existing ones. This shouldn’t come as a surprise, however – merging information into documents is a job for a full-fledged computer, not a tiny device with a 3 inch screen and no “real” keyboard to speak of. While you might want to occasionally enter client information into TurboLaw from your PocketPC, you would never want to make a habit of it. Imagine trying to fill in one of the Case Interview Wizards, while typing all of that information on a tiny “thumb” keyboard. Your thumbs would fall off after just a few screens!

However, since the documents are really the “heart” of TurboLaw, you’re not losing out on much by only having the documents on your PocketPC. With the right attachments (e.g. a small hand-held printer), you could make changes to a motion right on your PocketPC and print it out right in the courtroom – and it would certainly look better than a hand-written motion! Never mind that you could do the same to a financial statement, a complex court form, or really any other document that TurboLaw provides.

If you have feedback regarding your own experience with TurboLaw documents on your handheld device we would love to hear from you. Just e-mail: keith@turbolaw.com.

One Judge’s Opinions on Blogging

Ernie The Attorney writes that “[t]he fine blog 3L Epiphsny has an interesting Q&A with Judge Richard Kopf (a federal trial judge in Nebraska) about legal blogging and its place in the realm of scholarship.”

It is very interesting to see how legal blogs are being cited in case opinions. I expect to see more and more blogs being cited in this way, especially as more and more attorneys and legal scholars begin blogging.

The Dream of the Paperless Office

or “How to Use TurboLaw to create PDF files”

The concept of the “paperless office” – like the flying car before it – has long been around. And just as steps towards developing flying cars have been made (try to imagine traffic jams in three dimensions!), so also have practical steps toward realizing the “paperless office.” Some of these advances have come thanks to the PDF file format.

PDF stands for “portable document format” and is a publicly available standard for creating files that reproduce paper documents. This standard, coupled with free “viewer” programs available on the Internet, allows just about any computer safely to view PDF files. PDF files are a quick and easy way to make electronic copies of documents that can be shared (via email or other means) with nearly anyone. Combined with TurboLaw’s picture-perfect forms, PDF files can be a lawyer’s – and paralegal’s – very good friend.

Forms can be quickly created on the computer and saved in PDF format for storage or transmittal to other parties, or filed on-line as with federal courts, never once requiring printing on paper.

The most commonly used software for creating PDF files is Adobe Acrobat Professional, which must be purchased, but there are free alternatives. To empower our customers, we offer our “Free CD” with several free programs, including “PDFCreator,” that complement TurboLaw. (You can also download PDFCreator by clicking here.)

To create a PDF file from an open TurboLaw document, click on the printer button on the TurboLaw toolbar. Change your printer selection to “PDFCreator” and click “Print.” Poof! A PDF file is created to be saved on your computer; it can be archived, emailed or filed on-line with some courts and agencies. TurboLaw documents converted to PDF files are easily emailed to opposing counsel and clients for review, even if the recipient does not have TurboLaw installed on his own computer.

Once you start working with PDF files, you may find fewer and fewer reasons to print things on paper – save for signing documents – and that’s getting pretty close to the “paperless office.” Now, about that flying car…

Treating Machines like People

There is a very interesting discussion going on over at The Volokh Conspiracy regarding whether legal doctrines, when applied to machines or computers, should treat the machines/computers as people.

Daire and Smith are interesting cases, I think, because the outcome apparently hinges on how to apply legal doctrines designed for people in the case of automated machines. The question is, do you treat the machine as a stand-in for a person, or do you treat it as something else? On one hand, the instinct to anthropomorphize computers seems natural; computers are designed to perform tasks on their user’s behalf, and it’s easy to model them as mechanical servants. On the other hand, computers are just machines, and pretending that they are people seems inappropriate in a wide range of cases.

Definitely check it out, and especially the comments – it’s quite an interesting question!

Lawyers like to Blog

The New York Times has this article about how popular law blogs (sometimes called “blawgs”) are becomming with lawyers. From the article:

“It’s all words, that’s all the law is,” Scott Turow, a lawyer and the author of “Presumed Innocent” and other novels, said when asked to speculate on reasons for the proliferation of law-related blogs, sometimes called blawgs. When people think of law, he continued, “You think of jails and marshals and corporate executives. But the reality is, that’s what it is – it’s all words, and lawyers are verbal people, both in terms of the written stuff and the spoken stuff.”

Open-Source Massachusetts

Recently, Massachusetts announced that all documents “created and saved” by state employees from the beginning of next year “would have to be based on open formats.” These open formats include OpenDocument, which is used by OpenOffice – the open-source competitor to Microsoft Office – and Adobe’s PDF format.

Here are some news stories about this announcement:

Legal worries led Massachusetts to open standards – ZD Net
US state embraces open standards – ZD Net
Massachusetts Mandates Open-Format Documents, Edges Towards Linux – eWeek

Although TurboLaw does not (yet) work with OpenOffice, there is a free program available to let you save any document in PDF format, thus complying with the above-mentioned rule. The program, called “PDF Creator,” is available for download by clicking here. PDF creator is easy to install and works perfectly alongside TurboLaw.

Wi-Fi in Traffic Court

Ernie The Attorney has an interesting story about how a laptop, a Wi-Fi wireless signal, and some quick thinking saved one person from a traffic violation.