Resources - Technology - Florida General and Solo Practice - Research Guides at Florida State University College of Law Research Center

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Law in the Future The set of tasks and activities in which humans are strictly superior to computers is becoming vanishingly small. Machines today are not only performing mechanical or manual tasks once performed by humans, they are also performing thinking tasks, where it was long believed that human judgment was indispensable. From self-driving cars to self-flying planes; and from robots performing surgery on a pig to artificially intelligent personal assistants, so much of what was once unimaginable is now reality. But this is just the beginning of the big data and artificial intelligence revolution. Technology continues to improve at an exponential rate. How will the big data and artificial intelligence revolutions affect law? We hypothesize that the growth of big data, artificial intelligence, and machine learning will have important effects that will fundamentally change the way law is made, learned, followed, and practiced. It will have an impact on all facets of the law, from the production of micro-directives to the way citizens learn of their legal obligations. These changes will present significant challenges to human lawmakers, judges, and lawyers. While we do not attempt to address all these challenges, we offer a short and positive preview of the future of law: a world of self-driving law, of legal singularity, and of the democratization of the law.
The Indie Lawyer of the Future: How New Technology, Cultural Trends, and Market Forces Can Transform the Solo Practice of Law This article is about individual lawyers innovating in the practice of law. New technology, cultural trends, and market forces have the potential to awaken latent markets for one-to-one legal services grounded in the sharing economy, the commons, DIY businesses, and other similar endeavors. These forces might reshape the solo practice of law, which in turn might induce structural change in the legal system itself. Despite the mass commoditization of many law products, there is a potentially new market for craft-oriented lawyers who directly connect with clients. When we connect the sharing economy and the cultural values that support it with the ability to connect with clients over the Internet, new practice style opportunities emerge for solo practitioners (and lawyers practicing in small sized firms). The lawyers operating in this new market space are “indie” lawyers. As applied to lawyering, indie emphasizes the independent and autonomous characteristics of the lawyer’s work as well as his or her focus on the community and the collective good. Indie also works as a rhetorical response to the negative view that legal culture projects onto solo and small-firm practitioners. However, in order for the indie lawyer to thrive, we must revamp several key ethical regulations that currently block these new professional pathways. These ethical rules include bars on direct solicitation, multi-jurisdictional practice, layperson participation in law firm structure, multi-disciplinary practice, and undue restrictions on lawyer speech. Part One of this article will briefly review current scholarship on economics and innovation in the legal profession and then offer an alternative framework for thinking about innovation in the law. Part Two will explore that alternative framework, looking to political and social theories as well as cultural and market forces that are driving new sustainable ways of doing business. These concepts include: theories that emphasize autonomy, limited growth, and shared resources; participatory and community-centered cultural trends; do-it-yourself (DIY) practices; long tail markets enabled by technology; consumer demand for customized products; and the sharing economy. These interconnected forces have the capacity to impact the way professional legal services are consumed and delivered. Part Three will sketch the contours of the indie lawyer of the future, providing current examples and future possibilities. Part Four will address the different ways our ethics rules should be remodeled to enable this new style of lawyering to flourish. Suggestions include modifying the ban on lawyer solicitation; enabling multi-jurisdictional law practice; allowing non-lawyers to hold ownership interests in law firms and allowing law firms to combine legal and non-legal services; and relaxing restrictions on lawyer speech related to judicial officials.
Designing a Solo and Small Practice Curriculum There is a reality commonly ignored by the curriculum in most law schools: the largest segment of law graduates will eventually be solo or small firm practitioners. Even before the Great Recession, nearly two thirds of lawyers in the United States practiced in solo or small firms. Since 2008, trends show an increase in the number of recent law graduates that “hang a shingle.” According to a 2012 report of the American Bar Association, about three-quarters of lawyers in the United States work in private practice. Of those attorneys, about seventy percent are in solo or small firms. Many find themselves in this practice setting soon after graduation. The National Association for Law Placement (“NALP”) statistics for the class of 2013 show that 42% of graduates in private practice are working in firms with 2-10 lawyers; about 5% are already operating solo practices. In short, more than half of the attorneys in the United States are small business owners – they are operating, managing and growing a law practice. As framed by Professor Luz Herrera, they must become “lawyer-entrepreneurs.” However, the law curriculum rarely presents students with opportunities to build the competencies necessary to operate a practice. As William Hornsby, staff counsel at the American Bar Association (“ABA”), has written: “Simply put, law school graduates are ill-prepared for the future they are most likely to pursue.” A confluence of factors have brought solo and small practice to the forefront, including: the lagging job market for recent law graduates; the contracting of “biglaw” firm practice; the hope that regional and community practices will begin to fill the “justice gap” for low and middle income individuals; the entrepreneurial spirit of recent college graduates (“Millenials”), who long to be free agents and care deeply about their communities and work-life balance; and technological advances that have increased the efficiencies and decreased the overhead of operating a solo or small firm. Add to these factors that substantially decreasing law school enrollments have increased the pressure on law schools to innovate and recognize the realities of modern law practice. In law schools, from the “MacCrate Report” to the “Carnegie Report” to “Best Practices,” to a number of familiar revisits to the “MacCrate Report,” we have seen over 20 years of debate about the role of “practical skills training” in the law school curriculum. I do not intend to rehash those debates here. To the extent that law schools have introduced more opportunities for practical training, it is a step toward building a solo practice curriculum, but it does not go far enough. There is still a gap between the doctrinal knowledge and practical competencies taught in law school and those necessary to successfully operate a solo practice. While most law schools currently provide thorough instruction in doctrinal law and legal reasoning and some exposure to “skills” training, they do not provide guidance in the “diverse set of business, legal, and interpersonal skills” that operating a law practice requires. There is a small but growing chorus urging law schools to do more to prepare graduates who will operate their own practices. However, there have not yet been comprehensive or concrete proposals for the law school curriculum. To the extent law schools have responded to this need, they have done so by adding a Practice Management course and/or opening a post-graduate incubator or residency program. The Practice Management course is a key component of designing a solo practice curriculum but its two or three credits are far from a comprehensive exposure to the necessary competencies. Moreover, while post-graduate programs are important steps in assisting attorneys in gaining the competencies to operate their own practices, this education should be more widely available to all students and it should begin before graduation. The post-graduate programs should inform and supplement the curriculum but they cannot be the only answer to the disconnect between the curriculum and the way that law is actually practiced by such a great number of graduates. It is the responsibility of law schools – especially those with a regional focus – to offer a suite of courses designed to position students to manage and operate their own practices. Borrowing from my experience designing a solo practice curriculum at the Touro Law Center, this Article provides the contours of a suite of curricular offerings for those students who have an interest in operating their own practices. At Touro, we have created a Solo & Small Practice Concentration (the “Concentration”). While still a work in progress, the core courses that make up the Concentration are consciously intended to build the business and interpersonal skills necessary to operate a solo practice. Students who opt to declare the Concentration and complete all of its requirements receive a notation on their transcript. This Article begins by detailing the nature and goals of the core courses that we have identified as making up a solo and small practice curriculum. After describing the courses and their educational objectives, the Article identifies some of the hurdles in building the curriculum. It also identifies potential synergies between the curriculum and post-graduate programs. Finally, the Article concludes by briefly placing the solo and small practice curriculum within the current context: in light of a shifting legal landscape, law schools must recalibrate to better prepare graduates for the actual challenges of the legal market.
Indie Lawyering: A New Model for Solo and Small Firm Practice Indie lawyering is a new style of lawyering that uses technology to connect the individual practitioner with individual clients and collaboratively solve legal problems in a community-centered way.
Small is the New Biglaw: Some Thoughts on Technology, Economics, and the Practice of Law
Lawyers’ Abuse of Technology The Article is a thorough analysis of how the current scheme for regulating lawyers has failed to adapt to technology and why that failure is disastrous. It discusses (1) why technology, electronic communications, and social media require specialized attention in lawyer regulation, (2) what mechanisms can be harnessed to meet this need, and (3) the (sometimes entertaining) ways in which lawyers’ use of emails, tweets, texts, social media, data storage, computerized research, and so forth cross the lines of ethical and professional values. The ABA recently amended the Model Rules to add the following language to the Comment of Rule 1.1: “[A] lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” A few lawyers are still behind in embracing the many technological tools available to assist in their practice. Others are taking full advantage of the benefits of technology – while turning a blind eye to the significant ethical and professionalism risks. In an area where the mistakes are easy to make and the resultant harms can be extensive and severe, lawyers need to be warned and trained; expectations need to be standardized, and those standards enforced. The need for formal guidance on the lines between appropriate and inappropriate electronic behavior is much more acute than the need for training with respect to long recognized practice hazards. As the recent ABA 20/20 Commission’s failures amply illustrate, the ABA cannot be expected to address the risks of technology within any reasonable time. While increasing pressure on the ABA to shore up the Model Rules, bar associations must take action now. One option is formal ethics opinions that a lawyers can research by jurisdiction, if the lawyer is alert enough to ask questions. A better option is a statement of best practices standards adopted by state, local, and practice group bar associations. Some jurisdictions already have professionalism and civility creeds, but almost all of these are devoid of guidance on technology use, as well as fraught with drafting and definitional problems. Standards need to be rewritten to clarify the nuances of technology use and ethics. This Article offers specific language to serve this purpose.

Short Articles - Technology

FSU Law Research Guides

Law & Technology Books

2018 Solo and Small Firm Legal Technology Guide by Sharon D. Nelson; John W. Simek; Michael Maschke The only book of its kind that helps solo and small firm lawyers find the best technology for their dollar, this annual guide provides the most current and clearly presented information and recommendations on computers, servers, networking equipment, legal software, printers, security products, smartphones, tablets, and anything else a law office might need. Subjects covered include: - Updated recommendations on hardware and software for PCs, Macs, and Tablets- Guidance for billing software to unsure continued sustainability- Securing your data (even from our own government) - Guidance for choosing and securing today's smartphones- The rise of cryptocurrencies and what they mean to the practice of law- Rules for safe computing on the road and abroad- The direction of legal technology in 2018
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Call Number: KF320.A9 N45 2018
ISBN: 9781641051347
Publication Date: 2018-09-04
Technology Tips for Lawyers and Business Professionals by Jeffrey Allen; Ashley Hallene The importance of technology in our professional and personal lives continues to grow at an ever-increasing rate. Courts have moved toward recognizing a duty for attorneys to acquire a level of basic competence in dealing with technology. The ABA Model Rules have recognized that duty in some areas for several years. Attorneys have learned and are learning that technology can help them practice more efficiently and effectively. Authors Jeffrey Allen and Ashley Hallene have done programs presenting tips on technology and practice for many years in locations all over the country. They have also written about technology for lawyers for many years. They bring these years of experience to Technology Tips for Lawyers and Other Business Professionals, which provides short, concise tips to save you time and point you in the right direction for your technological needs.
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Call Number: KF320.A9 A429 2016
ISBN: 1634253442
Publication Date: 2017-02-01
Evernote As a Law Practice Tool by Heidi S. Alexander This publication will provide legal professionals, with a primary focus on attorneys, with guidance on how to set up, use, and collaborate with Evernote. This publication will take the reader, step by step, through Evernote features. Screenshots will be used to demonstrate, for example, how to create a notebook and add data, as well as how to organize legal work with Evernote. Attention will be paid to the different types of uses for legal professionals (i.e. firm administration, marketing, case research, litigation, forms, client documents). This publication will also address the use of Evernote via mobile devices.
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Call Number: KF320.A9A425 2016
ISBN: 1634254163
Publication Date: 2017-04-04
Virtual Law Practice by Stephanie L. Kimbro; American Bar Association, Law Practice Management Division Staff (Contribution by) The Internet has made it easier for potential clients to find legal services. Virtual law firms have revolutionized the delivery of legal services, lowering costs as well as evening the playing field. Whether you are a large law firm or a solo practitioner, there are business models of delivering legal services online that can bring your law practice up to speed with the 21st century legal marketplace. What are you doing to stay competitive? Do you have the know-how to responsibly incorporate technology and online delivery into your existing law firm? The revised and updated Virtual Law Practice is the one resource you need to take advantage of this fast-growing market. This book will help you: .Identify and develop a law firm business model for the online delivery of legal services .Successfully set up and manage a virtual law firm .Increase law firm revenue by responsibly implementing the delivery of online legal services .Make use of the latest technology .Create a successful marketing strategy for the delivery of legal services online .Understand state ethics and advisory opinions .Find more flexibility and work/life balance in the legal profession Stephanie Kimbro's practical guide also provides case studies of law firms that successfully integrate virtual law practice into their traditional business models along with client scenarios to show how web-based technology may be used by legal professionals to work with online clients and avoid malpractice risks."
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Call Number: KF320.A9 K56 2015
ISBN: 1634250346
Publication Date: 2015-07-07
IPad in One Hour for Litigators by Tom Mighell iPads have changed the way attorneys present their cases in the courtroom, at mediation, and beyond. But tablet technology changes quickly. What was cutting-edge just months ago could now be outdated enough to damage your case. This updated and revised edition of bestselling ABA author and iPad expert Tom Mighell s iPad in One Hour for Litigators will help you stay informed on the latest hardware and apps that will ensure your iPad is a powerful legal tool. In just one hour, you will learn how to: .Choose the best iPad for a litigation practice .Store and update documents and exhibits .Take, read, and annotate depositions .Conduct legal research before trial, in hearings, or during the trial itself .Discover recommended accessories and apps to use in the courtroom .Select a jury without using a legal pad .Present evidence digitally with ease"
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Call Number: KF320.A9M483 2015
ISBN: 1634250621
Publication Date: 2015-07-07
The Lawyer's Guide to Microsoft Outlook 2013 by Ben M. Schorr Take control of your e-mail, calendar, to-do list, and more with The Lawyer's Guide to Microsoft Outlook 2013. This essential guide summarizes the most important new features in the newest version of Microsoft Outlook and provides practical tips that will promote organization and productivity in your law practice.
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Call Number: KF320.A9 S366 2013
ISBN: 1614386943
Publication Date: 2014-02-07
IPad in One Hour for Litigators by Tom Mighell iPads have changed the way attorneys present their cases in the courtroom, at mediation, and beyond. But tablet technology changes quickly. What was cutting-edge just months ago could now be outdated enough to damage your case. This updated and revised edition of bestselling ABA author and iPad expert Tom Mighell's iPad in One Hour for Litigators will help you stay informed on the latest hardware and apps that will ensure your iPad is a powerful legal tool. In just one hour, you will learn how to: -Choose the best iPad for a litigation practice -Store and update documents and exhibits -Take, read, and annotate depositions -Conduct legal research before trial, in hearings, or during the trial itself -Discover recommended accessories and apps to use in the courtroom -Select a jury without using a legal pad -Present evidence digitally with ease
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Call Number: KF320.A9 M483 2015
ISBN: 9781634250627
Publication Date: 2015-07-07
Android Apps in One Hour for Lawyers by Daniel J. Siegel Lawyers are already using Android devices to make phone calls, check e-mail, and send text messages. This title highlights the best of the best apps that can allow you to practice law from your mobile device.
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Call Number: KF320.A9 S55 2013
ISBN: 1614387001
Publication Date: 2013-12-07
Becoming the Tech Savvy Family Lawyer by Melissa A. Kucinski and Daniel J. Berlin ; Section of Family Law, American Bar Association. This guide helps lawyers improve efficiency in maintaining and building a law practice.
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Call Number: KF320.A9 K83 2013
ISBN: 1627222618
Publication Date: 2013
The Lawyer's Guide to Microsoft Word 2013 by Ben M. Schorr Microsoft(r) Word is one of the most used applications in the Microsoft(r) Office suite. This handy reference includes clear explanations, legal-specific descriptions, and time-saving tips for getting the most out of Microsoft Word(r)--and customizing it for the needs of today's legal professional. Focusing on the tools and features that are essential for lawyers in their everyday practice, The Lawyer's Guide to Microsoft(r) Word 2013 explains in detail the key components to help make you more effective, more efficient, and more successful. Written specifically for lawyers by a twenty-year veteran of legal technology, this guide will introduce you to Microsoft(r) Word 2
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Call Number: KF322.5.M53 S36 2015
ISBN: 9781614387022
Publication Date: 2015-08-07
Google for Lawyers by Carole A. Levitt; Mark E. Rosch This step-by-step guide explores Google's most popular features plus its newest and least-known features, productivity tools, and services.
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Call Number: K87.L48 2010
ISBN: 1604428228
Publication Date: 2011-06-16
Technology essentials for the extraordinary lawyer
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Call Number: KF242.A1.T42 2011
Publication Date: 2011
Technology in the Law Office by Thomas F. Goldman For technology in the law office courses Comprehensive Coverage of Law Office Technology Technology in the Law Office is a thorough and up-to-date guide to navigating the constantly changing technology used in the modern-day legal world. Exploring recent phenomenon such as the switch to Apple-based software and paperless offices, this text is the timeliest reference for students, paralegals, and law office workers in regards to law software and technology. Thoroughly updated for this edition, the Goldman Technology Resources Website features links to vendor soft downloads, tutorials, and instructional videos. Students are also provided with a solid background in the ethics and implications of using technology in legal practice, allowing them to not only understand how to use such technology, but how to use it correctly and justly. Also Available with CourseConnect with the Virtual Law Office Experience This edition is also available with a CourseConnect Online Course for Technology in the Law Office. The CourseConnect Online Course now includes Virtual Law Office Experience modules. The modules place the student in the position of working in a law office, allowing them to put technology into practice. Students, if interested in purchasing this title with the CourseConnect Online Course, ask your instructor for the correct package ISBN. Instructors, contact your Pearson representative for more information.
ISBN: 0133802574
Publication Date: 2014-12-29
Microsoft Word 2013 for Law Firms by Payne Group Focusing only on those features of Microsoft Word 2013 that are relevant to the legal community, this updated edition of the Payne Group’s market-leading guide to Word provides industry-specific information about the computer program that will help legal professionals operate effectively and efficiently in their environment. A companion website also includes customized legal templates and documents, hands-on exercises, and practice files, among many other services. Whether they are using Word for the first time or simply updating to the most recent version, readers will find all of the information they’ll need to increase their productivity and make the most out of Microsoft’s word processing program in this expert manual.
ISBN: 1935462881
Publication Date: 2014-04-01
Formatting Legal Documents with Microsoft Word 2010 by Jan Berinstein This book helps legal staff use Microsoft Word 2010 to prepare pleadings, contracts, and other complex documents. The author, a computer trainer with extensive experience as a legal word processor, starts by describing what's new and different in this version of Word. She then examines Word's "logic," the key to mastering the program. She offers tips for making Word 2010 work more like older versions, customizing the Ribbon and the Quick Access Toolbar, and using keyboard shortcuts. She explains everyday features such as headers and footers, automatic numbering, indents, and footnotes and gives step-by-step instructions for working with case captions, inserting a pleading footer, aligning text with pleading line numbers, setting up a style for indented quotes, creating and generating a Table of Contents and a Table of Authorities, tracking changes, and comparing documents. In addition, she touches on the issues of metadata removal and document corruption. The book is filled with pragmatic tips, tricks, and workarounds.
ISBN: 061558697X
Publication Date: 2012-01-10
Evernote for Lawyers: A Guide to Getting Organized & Increasing Productivity (Law Practice Management) by David M. Ward Evernote can be used to store notes and documents.
Publication Date: 2013
Internet Legal Research on a Budget by Carole A. Levitt; Judy K. Davis; American Bar Association, Law Practice Division Staff (Contribution by) With cost-conscious clients scrutinizing legal bills, lawyers cannot afford to depend on expensive legal research databases, especially when reliable free resources are available. Internet Legal Research on a Budget will help you quickly find the best free or low-cost resources online and use them for your research needs. The authors share the top websites, apps, blogs, Twitter feeds, and crowdsourced resources that will save you time, money, and frustration during the research process.
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Call Number: KF242.A1 L479 2014
ISBN: 1627226168
Publication Date: 2014-07-07

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