The Kennedy-Mighell Report

As we reach the end of 2014, it's time to look back at the world of legal technology and some of the best advancements, worst fails, popular trends, and developments of the year. Using this information, trends and events can be predicted for 2015. What are the odds that two or more state bar disciplinary groups will issue rules about lawyers using technologies that will baffle lawyers that actually use that technology? It's time to answer this and other questions about the way lawyers are interacting with new technology. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell adopt the ESPN "Pardon the Interruption" approach to take a fast-paced, broad-based look at the past year, contribute a few thoughts on 2015, and give lawyers some ideas of what they can be doing with legal technology. Toss Up In their first section, "Toss Up," Kennedy and Mighell each take opposing sides of such debates as: Phones or Phablets? Passwords or Advanced Security Techniques? To Cloud or Not to Cloud? Is more/better innovation coming from outside or within the legal service provider market? Was 2014 a big year for new technologies? What's the Word In the second section, "What's the Word," the hosts analyzes the way lawyers are interacting with technology. They consider subjects such as human document review versus predictive coding, how lawyers use social media, the impact of the Windows Surface Tablet, bring your own device (BYOD), and lawyers facing technology choices. Odds Makers The third section of the podcast, "Odds Makers," is about the predictions of legal technology stories in 2015. Kennedy and Mighell hypothesize the chance that certain events will happen over the next year. The following questions are approached: How many lawyers will discuss their appreciation for WordPerfect 5.1 for DOS? How likely is it that a lawyer's next computer will be a Mac? What are the odds that a lawyer will attend a conference about legal technology? Will the new "killer app" for lawyers appear in 2015? Play along with the hosts as they give their predictions and let them know your take on legal technology for 2014 and 2015! As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast end. Special thanks to our sponsor, Serve Now. Learn more about your ad choices. Visit megaphone.fm/adchoices

As friends, colleagues, and clients documented their Thanksgiving holiday on Facebook, Twitter, and Instagram, it was made clear how big a role social media plays in the personal and professional lives of lawyers. Because it is so prevalent and necessary, social media can also be very overwhelming for many who are trying to maintain their online presence. But most lawyers know that engaging with others on social media is not optional anymore. So should they be posting on Facebook, Twitter, LinkedIn, Google+, Pinterest, and all other mediums? How many reposts, "likes," or comments are the right amount? What is a good system or management tool for self-promotion or law firm marketing? Now is a good time to take stock of your social media use and try to control it before it controls you. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the overwhelming nature of social media, ways lawyers can manage their personal or professional social media, and moving past the guilt of not posting or engaging enough. Kennedy discusses being a "grumpy old man" with the changes in social media that result in ads, sponsored posts, promoted tweets in his various feeds. He also analyzes posting on social media versus consuming information through it and the guilt he feels from not commenting or engaging enough with other people's posts. Mighell breaks down his process which includes writing a blog and then promoting it using what he considers the most important social mediums for lawyers: Facebook, LinkedIn, Google+, and Twitter. Both use a social media dashboard like Hootsuite to manage posting and try to automate the process as much as possible. They also encourage lawyers to choose one or two social media platforms to focus on in order to not become overwhelmed, actually enjoy the process, and have a lot of influence in one place instead of a little influence everywhere. Don't forget, social media information consumption is like dipping a cup into a river and only catching a small sample. In the second part of the podcast, Kennedy and Mighell discuss their favorite technology gifts and guides for the holiday season. Kennedy reminds everyone to think of the recipient when purchasing tech gifts and keep things practical. Mighell gives some specific gift suggestions including the Moto 360 Watch, Logitech Keys to Go, and Jaybird Bluebuds X Bluetooth headphones as well as gift guides from The Verge and The Wirecutter. As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast end. Special thanks to our sponsor, Serve Now. Learn more about your ad choices. Visit megaphone.fm/adchoices

There has been recent talk of a "Podcast Renaissance," in which podcasts are better than ever and people have begun to appreciate the value of the podcast medium for education and entertainment. Who are we to disagree? There are educational podcasts, political podcasts, legal podcasts, technology podcasts, entertainment podcasts, and podcasts that combine subjects. There are podcasts that review books, recordings from live radio shows, lecture recordings, and informational interviews. With all of these options, how are people finding and listening to the podcasts that are right for them, how have these processes changed, and why are some people not listening to podcasts at all? Are podcast listeners only touching the surface of the potential value? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the fundamentals of podcast listening and subscribing, ways to enhance your podcast listening experience, and suggestions of their favorite podcasts. Kennedy provides a technical description of podcasts, delivery of media (usually audio) online through an RSS feed, but explains that they also tend to be episodic, you can subscribe to them, and they serve as a radio replacement. His system of podcasting involves researching topics or speakers that spark his interest, filtering and organizing individual podcasts by length, and listening to them at 1.5X the speed while he commutes or works out. He notes that podcasts are becoming more popular because of increased user control and the ability to use them on any device: iPod, tablet, smartphone, laptop, or desktop. Mighell adds that the rise in podcasting is due to increasingly sophisticated apps that allow users to speed up the podcasts, create categories, and control downloads. His alternative system of podcast listening is more streamlined. He subscribes to 20 or 30 regular podcasts and downloads, organizes, and listens to them all on his phone while walking the dog, in the car, or working out. Both hosts use Huffduffer, but Mighell uses it to create a mini feed for things that aren't syndicated while Kennedy uses it as a search engine for podcast topics or speakers that interest him. While it is helpful to suggest different ways of consuming podcasts, listeners might also be interested in podcast suggestions. In the second part of the show, the hosts share their favorite podcasts. Tom Mighell mostly listens to podcasts that help him keep up with trends in technology, news, and politics, although he also enjoys Serial from the creators of This American Live. Dennis Kennedy's collection of podcasts range from news, sports, and business, to entertainment anyone could enjoy. As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices

Recent statistics indicate that there will be more than 100 billion app downloads in 2014. Although there are more than a million apps available for download on the iOS and Android platforms, most users tend to rely on a core set of around two dozen apps. Lawyers have been using fewer legal apps in their practice but they still actively use other apps for work and in their personal lives. Apps for travel, productivity, presentations, and document management are sharing space on lawyers' home screens with social, mobile, and entertainment apps. With all this availability, how and where are lawyers using the apps on their smartphones and tablets? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the current state of apps, what apps they actually use and why, and offer some advice for lawyers choosing and using apps. Mighell explains the difficulty recommending legal apps due to bad quality with the exception of litigation apps such as WestlawNext, Lexis Advanced, and Fastcase. He uses apps mainly for consuming information, with app categories such as news, travel, productivity, photography, and others for his personal life. Kennedy discusses having most-used apps on the home screen of his smartphone, how he uses apps for consistent updates, and that he mostly has ones for his personal life including ESPN, Omnifocus, U Verse, Feedly, and Podcasts. Together, Kennedy and Mighell examine the lack of dashboard or portal app use and which tablet might work best with a lawyer's practice or personal life. Even though lawyers are not using legal apps, they are still using many others to facilitate their lives. In the second segment of the podcast, Kennedy and Mighell think back nostalgically about the days of Web 1.0. They discuss the simpler digital era, revival apps and websites such as Ello, the Facebook Room's app, and tilde.club, and the booming advertising on today's internet. As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices

The College of Law Practice Management recently held its 2014 Futures Conference at Suffolk University Law School in Boston. This conference brings together members of the College of Law Practice Management and young innovative lawyers to discuss what the future of law practice might look like and how the attendees might provide an influential voice. Dennis and Tom participated in the program and came away with some interesting insights about the direction innovative lawyers are headed. They also have some feedback about what worked for the conference and what they might have changed. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell talk about the 2014 Futures Conference, the future of law practice, and the role technology is likely to play in that future. The conference, they explain, featured programming as well as an innovation discussion surrounding a "Ted Talks" then "Shark Tank" concept of quickly coming up with ideas and then collaborating to develop the best of them. Mighell noted the most common ideas involved providing services to underserved demographics who don't have proper access to legal resources. He discusses the importance of narrowing and developing broad concepts and whether we should revisit old ideas in light of new technology. Kennedy wishes there had been more group time to develop ideas. He also discusses balancing programming and free time in the College of Law Practice Management's Futures Conference and another he attended this year. Overall, both enjoyed the conference, and were please to see that Suffolk Law School is teaching legal technology, process improvement, project management so new lawyers can be "practice ready". After the break, Kennedy and Mighell discuss the new iPads that were released, the benefits of each, and the excitement (or lack of excitement) surrounding tablets. Kennedy tentatively decides on the iPad Air 2 with 64 gigabytes, Applecare, a smart cover, and the Apple wireless keyboard. Tom notes the thinness of the new iPads and the decreasing enthusiasm for buying new iPads. As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices

Most of us assume that lawyers are slow adopters of technology because that's what we hear all the time. ILTA's InsideLegal Survey and the ABA Technology Survey are annual surveys of lawyers that provide some data about the actual usage of technology by lawyers. Because these surveys are voluntary, they give a big picture of changing trends rather than specific accurate data. Does the common assumption that lawyers are technologically behind still hold true in 2014? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell analyze the results of 2014 ILTA-InsideLegal survey, the 2014 ABA Technology Survey and recommend ways lawyers can use these surveys to benefit their practice or clients. Mighell notices that in 2014 lawyers are adopting fewer new technologies compared with an increase in mobile technology and cloud computing from the previous two years. He explains that the major purchases have been pretty standard: hardware upgrades, server upgrades, and new laptops and desktops. Although Kennedy also noticed the lag in exciting results from the surveys, he emphasizes that these surveys are voluntarily taken by lawyers interested in technology, so there might be more progress in less tech savvy demographics. He also mentions the most exciting lawyer technology trends mobile, virtualization, cloud services, wearable technologies, and discusses the shift in tablet use and security. In the second segment, Kennedy and Mighell discuss why young lawyers do not often attend legal technology conferences, how they could benefit from the conferences, and the disconnect between what young lawyers think they know about technology and what they still need to learn. Listen to the end for Parting Shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices

With fall fast approaching, you can be sure of two things: football games and new phones! Apple and other vendors recently announced new editions of their phones, as well as some interesting new gadgets. With new options like the iPhone 6 and iPhone 6 Plus, Apple Watch, iOS 8, and Apple Pay, Apple-using lawyers need to think about which products they need (or want) and how to make the best use of them. But what about those lawyers who have moved to other product vendors such as Android? Most lawyers could use an update on the newest technology to make informed autumn purchases. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the new Apple devices, thoughts on the new features of iOS 8, and what lawyers should think about if they haven't already purchased a new phone lately. They discuss the iPhone 6 and iPhone 6 Plus, embracing the "phablet," and how most people use their smartphone as more of a mobile computer than a phone. They also discuss other new products such as the Samsung Galaxy Note, the Apple Watch, the Moto 360 watch, and why lawyers might prefer Android or Apple products. With the release of iOS 8 comes new exciting features such as extensions, alternate keyboards, and widgets, but both Kennedy and Mighell had to deal with long downloading times. They wrap up the first part of this podcast by examining the future of Apple Pay, why it might succeed where Google Wallet failed, and how lawyers could utilize these changes to get ahead in their practice. After the break, the Kennedy and Mighell discuss the Apple Watch and other wearable technology in more detail. As people begin to use wearable devices to gain and save information, the amount of discoverable data will increase immensely and it will be important for lawyers to pay attention. As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices

Because lawyers often need to get up to speed on a topic quickly, most find that they can learn almost anything on the Internet, provided they can find the appropriate tools and resources. In the short term, lawyers often need to do quick research for a speech, webinar, or to talk to a specialist about a subject. More lasting knowledge is needed for specific case and client knowledge, starting a new position or job, or learning about new technology. With all of the online resources available, how can a lawyer quickly get started gaining a solid foundation in knowledge of a new subject? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how lawyers can accelerate their learning process, where to find quality learning tools online, and their favorite ideas and tips. Kennedy and Mighell both agree that it is important to consider the subject matter, how quickly it needs to be learned, and what method works best for each individual lawyer. While both prefer Wikipedia as a starting place to gain knowledge, Kennedy prefers podcasts, audiobooks, and presentation slides as sources of more detailed information. Mighell prefers blogs and online university courses, although he emphasizes that the user is responsible for quality control and management. In the end, each lawyer should consider how he/she learned best during school, and use the Internet as a resource while trying not to waste time searching for documents. After the break, Kennedy and Mighell discuss the overuse of the "reply to all" button in emails, why people prefer to respond to everyone involved, and the proper etiquette for sending emails at work. As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices

"All right, Mr. Demille, ready for my close-up." Video phone calls have been talked about for many years, from the time this famous line appeared in the movie Sunset Boulevard. Videoconferences are becoming widely used in law firms and other businesses; many lawyers, legal professionals, and HR departments are using them to provide the feel of a meeting room without the time and expense of traveling. Therefore, it is important for professionals to be prepared for the technical and visual components of their next video chat. In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss the rise of video use in calls and online meetings, the challenges and opportunities of video, and how lawyers can prepare for their video close-up. They consider several features that would improve videoconference services such as chat, screenshare, group messaging, and multi-platform compatibility and compare Zoom.us to Google hangouts and other platforms. In addition to examining personal visual components such as lighting, dress code, and in etiquette in each video conference lawyers also need to understand the ethical implications of recording witnesses or discussing strategy. In these instances they can be left with discoverable electronic data. As their second topic, Kennedy and Mighell discuss the current state of portable computing and whether touch screens and combo laptops might be a better personal option when replacing older laptops. As always, stay tuned for Parting Shots, that one tip, website, or observation that can be used the second this podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices

While preparing for a trial, gathering documents for a transaction, or simply running errands, most lawyers face each day with an overwhelming number of things to get done. From simply remembering them all to putting the list into proper priorities, every legal professional could use some help. How can technology play a role in bringing the list of to-dos under control? What are some questions lawyers should ask when choosing a to-do task management tool? In this episode of the Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss taming the to-do list, their own approaches to using technology to help with task management, and questions every lawyer should ask when looking for a management tool to suit their needs. Kennedy shapes his list management around David Allen's "Getting Things Done," a system which allows him to see his weekly calendar as a big picture and sort priorities to avoid being overwhelmed by the enormous list of projects. Mighell says lawyers should watch for eight essential functions when looking for the right task manager: Available on Multiple Platforms Ease of Entry Recurring Tasks Multi-List Capable Assign Priority Levels GTD Functionality Notes and Attachments Ability to Share Task Lists He recommends every lawyer weigh the importance of each of these before choosing a task management tool. Both @DennisKennedy and @TomMighell stress that this is a personal choice and ask the listeners for feedback on the to-do technologies they like best. After the break, Kennedy and Mighell discuss the recent tech news story about Russian cybercriminals accumulating a hoard of more than a billion user passwords. They examine whether lawyers should be worried about this data breach, and what they should do to protect their online accounts. As always, stay tuned for Parting Shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow. Learn more about your ad choices. Visit megaphone.fm/adchoices