Author Archives

    Bryan Sims

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    Email Confidentiality Notices

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    I saw an interesting discussion about confidentiality notices in email messages. The opinion of both authors seemed to be that the notices, attached to all email communications are “dumb.”

    As an attorney I see these appended to email messages all of the time and I have often questioned their efficacy. I understand the concept that such a disclaimer may place a recipient on notice that he should not distribute the email.

    Nevertheless, are you reducing the effect of the notice when you attach it to ever email that you send? When the same disclaimer is included in a email to (1) a colleague about setting up a court time, and (2) the same colleague discussing confidential settlement discussions, has the effect of that notice been reduced?

    In effect, by placing this notice on all emails, do we render the notice worthless?

    In my practice, I do not routinely include such a notice in emails. Instead, if I am sending an email containing sensitive, confidential, or privileged information, I will manually append such a notice–usually at the top rather than the bottom of the email.

    Doing so also gives me the chance to think about whether I should be sending the information via email in the first place. Perhaps a telephone call or a personal meeting it the best way to discuss the information.

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    Great Acrobat Info

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    Rick Borsetein of Acrobat for Legal Professionals is hosting a free e-seminar called “Thirty Dirty Tricks for Acrobat 8.” TheAdobe seminar is on Thursday July 26 at 10 PST.

    Rick is a great presenter and will undoubtedly provide us with some useful tips we did not know before. It’s a one hour seminar, its sure to provide you with some great information, and its free. What’s not to like?

    If you want to get an idea of what Rick’s and Adobe’s e-seminars are like, you can check out Rick’s presentation on Securing Legal Documents. Rick provides a link to the presentation here.

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    More iTunes discussion

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    I had some good comments relating to yesterday’s post about using iTunes with Windows. Based on the comments, it appears that iTunes runs much better on the Mac than it does on Windows. That is certainly good. However, it does little to evangelize to non-Mac users.

    I want to elevate a couple of the comments to a post and discuss them.

    Samantha Wilson said:

    Yes, but it takes no time at all. I’m no expert, but it’s my impression (from my knowledge of common sense coding and how well iTunes works) that the large updates replace some of the existing code, so even though you’re downloading fifty megabytes, and iTunes is increasing slightly in girth, it doesn’t grow by fifty megabytes.

    First, I would disagree with the assertion that updating “takes not time at all.” I spent 21 minutes updating yesterday. Second, I was not concerned that iTunes was growing by 50MB every update. My concern was why an incremental update from version from 7.2 to 7.3 took 50MB. I can understand a major download between versions (from version 6 to 7). But, from .2 to .3? Surely this process can be streamlined.

    Also, why do I have to essentially download the entire program again to install an incremental update? Obviously, I already have the program, that is why I am updating it. Why do I need to reenter my email to go from version 7.2 to 7.3? I am aware of no other program that treats incremental updates in this manner.

    Neil Squillante commented:

    Regarding issue 1, you need QuickTime to watch those TV shows of yours.

    Based on Neil’s comment, it appears I needed to be clearer with my objection to the bundling of QuickTime with iTunes. I have no problem if Apple includes QuickTime in its download of iTunes. I think that makes sense. iTunes should include all of the programs needed to listen to or watch things you purchase from the iTunes store.

    The problem that I have is that I should not have to download and install iTunes if all I want is QuickTime. QuickTime is a popular format for movies on the web. I should be able to watch those without having to download and install iTunes as well.

    Thanks for the comments!

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    iTunes: The Reason I Do Not Own a Mac

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    Yesterday I wrote about something that Dennis Kennedy called presumptuous computing. One of the things that Dennis commented on in his post was iTunes.

    The scariest message that I get on my computer these days is that there is a new version of iTunes and would I like to install it? The “improvements” always disrupt my ways of organizing and handling my files, although they seem to make it much easier if you only use the iTunes store. This is one of the only programs I’ve decided not to stay current on updates.

    After reading Dennis’s post, I realized that iTunes, is one of the principal reasons that I have never seriously considered purchasing a Mac. I don’t hate Macs. They are nice machines. Just about everyone that I know that has one, absolutely loves it. In fact, I have always thought that Macs do not have users, they have evangelists.

    Grant Griffiths, one of the most enthusiastic Mac supports around says:

    There really is no reason for a law firm to not make the move to the Mac. Both the hardware and operating system are so much better than anything you can get from a windoze box.

    After using iTunes, however, I am not convinced that Macs are “so much better” than Windows machines. In fact, using the program, reinforces the idea that Macs have the same drawbacks as Windows.

    First, everyone in the world complains about how Microsoft bundles internet explorer into its operating system. Why is no one complaining about the fact that Apple bundles QuickTime with iTunes? What is it about me wanting to watch a QuickTime video that makes Apple think that I want to use iTunes? I should be able to install either one of these programs, not have to install both.
    Second, why is iTunes so slow? Mac enthusiasts talk about how slick and simple their hardware and software is. If that is the case, why is it that it takes forever (in computer time) for my iTunes to work. Changing between items in my library and the iTunes store should be virtually instantaneous, not take seconds.

    Third, why is the iTunes store so difficult to navigate? I own several episodes of various television shows. Why is there no way to go from the listing of those shows in my library to that show’s iTunes store? Instead, I have to go the iTunes store and search for what I am looking for.

    Fourth, why are the incremental “updates” for iTunes 50MB? Hello? Is there anyone home at Apple? 50MB is not an incremental update, it’s a program. Then, to make things worse, after I download the 50MB incremental update today, I know that in a couple of weeks, Apple is going to have another stupid 50MB update.

    I know that some people will claim that an incrimental iTunes update is no big deal. Therefore I have decided to chronicle my installation.

    1. I am currently running iTunes version 7.2.0.35. When I start iTunes, I am told that an update is available. I chose to install the update.
    2. iTunes opens my web browser and takes me to the iTunes web site.
    3. I select my operating system.
    4. I uncheck the box giving Apple permission to send me an annoying email every Tuesday.
    5. I uncheck the box giving Apple permission to “Keep me up to date with Apple news, software updates, and the latest information on products and services.”
    6. I enter my email address.
    7. I select the download button.
    8. I spend the next 3 minutes on a T1 line downloading the stupid “update,” which is 47.6MB.
    9. I double click on the executable file.
    10. I get a message telling me that I will need to restart Outlook after I install iTunes. I am not quite sure why this is the case. I very rarely listen to music through my email program.
    11. I had to wait while iTunes “validated” my installation.This must be difficult. It took several minutes to do.
    12. After the installation, I had to cancel that instance of QuickTime that was running.
    13. I had to disable the startup file that starts QuickTime when my computer reboots. Apparently the fact that I have disabled this every other time that I have installed the program is not a sufficient basis for Apple to conclude that I do not want QuickTime to start every time I turn on my computer.
    14. I complete the installation, 21 minutes later.

    OK, it’s now 21 minutes after I have started, I downloaded a 47.6MB file, all so that I could upgrade from version 7.2.0.35 to 7.3.1.3. WTF?

    This isn’t elegance or simplicity. It’s asinine.

    I will admit, that I don’t know that all Mac programs work like this. The reality however, is that iTunes is the best method for Apple to reach Windows users. Apple, however, will never gain Windows converts when their programs are just as bloated and slow as Windows programs. If other Mac programs are not like this, then Apple should be devoting some serious research to improving the Windows version of iTunes.

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    ISBA Solo and Small Firm Conference

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    ISBA Solo Small Firm Conference

    Hurry, early bird registration for the ISBA’s 3rd Annual Solo and Small Firm Conference expires on July 20. After that, the registration fee increases. To find out more information about the conference, check out the ISBA’s website.

    I attended the first two conferences and really enjoyed them. I anticipate that this year’s conference will be just as good. The plenary speaker this year is Sean Carter, a recoverying lawyer who is now a humorist at law. In addition to Sean, other well-known speakers include Fred Lane, Justice Eugene Pincham, and Ross Kodner.
    In addition to Sean’s plenary session, the conference features three programing tracks: 21st Century Law, Effective & Ethical Practice, and Substantive Law. Each of these tracks covers a variety of topics. A full conference brochure is available at the ISBA’s website.

    Update: I just heard that the early bird deadline is extended until July 31. You still have time to register.
    *******

    Obligatory Disclaimer: I am a member of this year’s conference planning committee and a speaker at the conference. Even if I were not, I would still encourage you to attend.

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    Presumptuous Computing

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    Dennis Kennedy posted recently about a trend that he has labeled presumptuous computing. As Dennis described:

    Over the past few years, I’ve grown to feel that my computer has become a crowded house full of guests and strangers, as lots software and services have invited themselves for a long stay. Some are gracious and helpful, mindful that I did not invite them. Some jump up and demand my attention. Some are unruly and leave their dirty dishes and coffee cups all over my computer. And at least one (the trial version of McAfee’s antivirus program that I can’t get fully uninstalled, you know who you are) is like the unwelcome guest who will never leave.

    Increasingly, we all see a trend where our programs, services and subscriptions do more things automatically and take for granted what they can do on our computers. In some cases, I don’t mind at all. I like automatic updates, especially for security fixes. In other cases, I’m starting to feel that software companies, email newsletter publishers, and other service providers are starting to forget who is the host and who is the guest on my computer. You might be feeling the same.

    I’m calling this phenomenon and trend “presumptuous computing.”

    There’s a presumptive, condescending approach to users that’s becoming too common, and a general approach that it’s OK for programs to do what they please on computers without considering the host, without picking up after their messes, and without making their beds and hanging up the towels, let alone compensating us for our generosity and for the inconvenience they cause.

    Dennis has really hit the nail on the head with this post. Why is it that computer programmers that have never spoken to me think that they know more about our computer than we do?

    Believe it or not, I have my computer organized in a certain manner. Don’t make me change everything that I do simply because you are too lazy to include some flexibility into your program.

    As Dennis concluded:

    Presumptuous computing – treating someone else’s computer like you know what’s best for them and not giving any consideration to how they might like to use their computer.

    Think about it. Shouldn’t those who invite themselves onto your computer be good and respectful guests and be reluctant to come in and change things around, especially without giving you any warning. I don’t expect vendors to be able to get everything right – this stuff is complicated – and the benefits for me of automatic updates and the like outweigh the disadvantages, but it’d sure be nice if we were all more thoughtful in the way we treat other people’s computers. I’d like to see more courteous computing and less presumptuous computing.

    I echo Dennis’s sentiments. Shouldn’t all programs be nicer to our computers. Allow us to uninstall them when we are done with them. Allow us to customize where the files are stored. And for heaven’s sake, just because I installed a program on my computer, that does not mean that I want that program to control everything that is may be capable of controlling. Allow me to chose, what I use the program for.

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    My Upgrade to a Treo 700p

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    Recently my Treo 650 started developing problems with its headset jack. Given that I use my Treo as an MP3 player in myTreo 700p car, this affected me in a fairly significant manner. Fortunately, I have insurance on my Treo that covers incidents like this. After filing the appropriate claim (easily done online), I discovered that I could no longer get a Treo 650 to replace my old one. Instead, the insurance company told me that they were sending me a Treo 700p.

    Not surprisingly, I was happy to take the newer model. In the week or so that I have had the 700, I have noticed  two significant improvements over the 650.

    First, the 700 has 60MB of RAM available for use. I have always thought that the available RAM in the 650 was woefully inadequate. Because of the 650’s limited RAM, I often ran out of room on the device and had to place applications on my SD card. With the 700, I have plenty of room.

    Second, the 700 is compatible with Verizon’s EvDO high speed data network. Trying to browse on the web on the 650 was always painfully slow. With the 700, however, it is something that you can actually do. Although I would not want to spend a lot of time on the web on my Treo, it is certainly sufficient to check news, sports scores, or get directions.

    In sum, the 700 is a definite improvement over the 650. Inexplicably, Palm still hasn’t included Wi-Fi access. Other than, that, I like the improvements and have had no problems switching over to the new device.

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    Google Maps for Treo is Updated

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    Since Google debuted Google Maps, I have been a fan. I became an even bigGoogle Maps Treoger fan when Google unveiled Google Maps for the Treo. Google has now released a new version for the Treo. The thing that I love about the new version is that it integrates with your contacts.

    This means that with just a few taps, you can select an address to map, as long as you have that address in your contacts. I use KeySuite to organize my contacts. Google Maps integrated perfectly fine with it. This integration makes Google maps that much easier to use on the Treo.

    Treonauts shares my opinion about how useful and good this product is:

    Let me start by saying that if you don’t already have Google Maps (see my review) installed on your Treo you should do so without hesitation at the soonest – it is without a doubt one of the top, most useful and fun freeware applications for your smartphone.

    To install the new version, you can download the prc file, or you can point your Treo’s browser to www.google.com/gmm. Either way, you should have this on your Treo.

    Now, if  Google integrated this with a GPS, we would be all set.

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    Email Etiquette

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    Michael Hyatt, whose blog I enjoy immensely, has posted what he calls “18 suggestions for better e-mail communication and etiquette.” I encourage you to pop over to his blog and check out his full list.

    In the meantime, here are my favorite of his tips:

    Don’t overuse the “high priority” flag. Most e-mail programs allow you to set the priority of the message. “High priority” should be reserved for messages that are truly urgent. If you use it for every message (as one person I know does), you will simply be ignored. It’s like the boy who cried “wolf” one too many times.

    This drives me nuts. There are some people who assign a high priority to every email that they send. If you need an immediate response, you should be able to convey that in some manner other than applying a special colored flag to the message. Also, high priority often just means, “I forgot to do this on time. Therefore, I need an answer from you now.” That’s not a high priority. That’s bad planning.

    Don’t discuss multiple subjects in a single message. If you need to discuss more than one subject, send multiple e-mails. This makes it easy to scan subject lines later to find the message you need. It also contributes to briefer e-mail messages and a greater likelihood of a response. Also, the more specific you can be about your subject heading, the better.

    Great advice. I keep all of my emails. Doing this makes it easier to file and sort emails.

    Use a signature with your contact information. This is a courtesy for those receiving your messages. It also cuts down on e-mail messages, since people don’t have to send a second or third e-mail asking for your phone number or mailing address.

    If you send me an email, make sure that I know how to contact you back by email, telephone, regular mail, fax machine, etc.

    Check out the post, and follow up on the other great tips that Michael offers.

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    Digital Audio from Federal Courts

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    Not long ago, I blogged about the Washington Supreme Court broadcasting on television and making available on the internet, its oral arguments.

    Now, Paul Bush of Legal Dockets Online sent me an email telling me about a new pilot project by the federal courts. The U.S. Courts website, reports:

    Continuing its efforts to enhance the transparency of courtroom proceedings, the federal judiciary is about to launch a pilot project to make digital audio recordings publicly available online.

    Five pilot project participants – three bankruptcy courts and two district courts – will integrate their recording and Case Management/Electronic Case Files (CM/ECF) systems to make audio files available later this summer on the Internet, the same way written files have long been available.

    “We’re just treating the audio file as we would a written file,” said U.S. Bankruptcy Judge J. Rich Leonard in the Eastern District of North Carolina . “We think providing access to an audio file will prove to be enormously helpful.”

    The pilot project will start in the bankruptcy courts in the Eastern District of North Carolina, the Northern District of Alabama, and the District of Maine. The district courts will be the District of Nebraska and the Eastern District of Pennsylvania.

    Further information about the project can be found here.

    The Seventh Circuit has made its oral arguments available for some time now. To see other courts doing the same is great.