May 2006

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Dan Hull’s What about Clients? blog now includes a catalogue of non-US legal weblogs from or about the West andAsia. Latin America, Africa and the Middle East are next.

We’ll keep building on this — just as my own firm has built an international practice over the past 10 years. The idea here is to catalogue active quality “foreign” blawgs so we can all expand the digital conversation into the non-U.S. legal community and make a few new friends and contacts. WAC? has worked on this project for a while and commentators or bloggers like Rupert White of the UK Law Gazette, England’s Justin Patten, Nick Holmes and Delia Venables and the United States’ Bob Ambrogi have mentioned or weighed in on this effort.

Society Guardian on howSusskind has approvedthe Guardian’s Free Our Data Campaign:

The British government owns one of the world’s most valuable collections of intellectual property. Government policy on what it should do with this information is muddled. On one hand, it encourages free access, for example to historic census returns. On the other hand, agencies holding some of the most valuable information are required to operate on a quasi-commercial basis, charging for access to their data. The most efficient and astute of these so-called trading funds, such as Ordnance Survey, operate at no direct cost to the taxpayer and even make a profit for the Treasury.

… this policy … generates an absurd bureaucracy in which one government agency has to negotiate contracts with another government agency for permission to use information which the government already owns [and] stifles the knowledge economy because any start-up business based on government data is liable to find itself in direct commercial competition with the very body which produces that data.

The campaign proposes that the government should “get out of the market” and that public sector data should be available to all for free (subject to exceptions for national security etc), to exploit as they wish.

Richard Susskind is chair of the Advisory Panel on Public Sector Information (APPSI) and has welcomed the thrust of the campaign as it recognises the value of PSI and is raising awareness. But he outlines the barriers to achieving this nirvana:

  • Copyright. Crown copyright in itself is not necessarily a barrier as OPSI’s click use licensing already operates in a similar way to the creative commons model.
  • Quality. The Government needs to be confident that in making information more freely available it can still be confident of its quality.
  • Competition. There is a risk that public sector near-monopolies could be replaced by private sector ones: charging citizens and profiting substantially will mean citizens are paying twice and possibly over the odds.
  • Politics. No single minister is in charge of PSI and its value will not be fully exploited if it remains thus. Each department sees PSI as valuable for a different reason and no minister currently sees it as a pressing priority for reform.
  • Provingit’s broke. There is a lack of evidence to underpin a largely intuitive argument for change. The APPSI has called for a detailed study into the economics of PSI, reporting accurately the costs of running the current contracting and copyright protection regime and considering the social cost of raising taxation to pay for “free” data.

The Ms have it

Lotus 123 was, to my mind, the best of the first killer apps: better than space invaders and the word processor. You could tabulate data and construct elaborate formulae to produce whatever result you wanted! That delight is now enabled by Excel.

On behalf of the family judiciary I’ve been having a go with maintenance awards following the recent surge of interest in this subject.

Let’s say his millions x basic multiplier x duration in years x duration factor x her sacrifice in k/y x sacrifice factor x (1 + (number of kids x kiddie factor)) = award in millions

We now have it on the highest authority, that:
17.5 x Bm x 2.75 x Df x 85 x Sf x 1 = 5 (Miller)

and (using annual income figures this time):
0.75 x Bm x 2 x Df x Sk x Sf x (1 + 3Kf) = 0.25 (McFarlane)

Let’s assume Bm = 1/3 (surprisingly close to both final awards).

Can we now solve:
800 x 0.33 x 2 x Df x Sk x Sf x (1 + Kf) = Am (McCartney)?

Sk is not known to me, but presumably could be established.

The pundits, and the meedjah in their trail, assume Am is approximately 200. For want of anything better, let’s plug that in. That still leaves us with three variables and only two simultaneous equations. So, it will still be guesswork even after the Macca settlement/award.

The FT reports talks between MySpace and Google/Microsoft who are keen to capture more of the youth market.

The rapid growth of social networking sites such as MySpace and Facebook has threatened to tip the balance of power on the internet away from traditional portals and search engines.

Their potential to become the places where many young people spend most of their internet time could make them the “gatekeepers”, or the entry point for online activity.

The rise of the social networking sites has already forced the established internet powers to revise their views of how new audiences will emerge on the internet.

Thanks to Robert Ambrogi for pointing me to two nascent, but nevertheless significant, new US sites:

Wiki-Law‘s mission is “to create a free, complete, up-to-date, and reliable world-wide legal guide and resource”. Unlike most wikis I’ve seen, this is not an encyclopedia but a highly-structured resource, with page templates for entries on Blogs, Links, Dictionary terms, Statutes, Case Briefs, Forms, Law Firm Profiles, Law School Profiles and Law Journal Profiles.

Lawbby.com is a sort of MySpace.com for Lawyers – a social network for the legal world.

It’s a place where legal professionals can go for business, leisure or both. We’ve made it as easy as possible for anyone to create a profile on Lawbby.com and, essentially, create their own corner of the web. … users can easily publish their own blogs, create their own discussion groups, and quickly build up a network of friends and contacts. This is the perfect setup for lawyers that are looking for referral partners or even their next job because of its more personable atmosphere.

How could I resist signing up?

I’ve recently added a Blogs section to infolaw Lawfinder, cataloguing all UK law and related blogs, plus a few overseas sites of direct relevance. Still no surge of interest in blogging here.

Also added is the Feeds section, cataloguing all UK law and related feeds anddisplaying the latest 10 headlines. Many law feeds have come online recently, not just from blogs, butfrom news sites, governmentand many other sources. Expect an explosion when people start upgrading to IE7 (now in beta) as there is integrated feed support (as there has been on Firefox since day 1).

What is law?

The Webby Awards are the equivalent of the Oscars for websites, honouring excellence in web design, creativity, usability and functionality. They are presented by the International Academy of Digital Arts and Sciences.

This year the Academy’s award in the Law category has gone to Justice Learning, which describes itself as “an innovative, issue-based approach for engaging high school students in informed political discourse”. Issues covered include peacekeeping, voting rights, civil liberties, gun control, energy and the environment and the death penalty.

The web site uses audio from the Justice Talking radio show and articles from The New York Times to teach students about reasoned debate and the often-conflicting values inherent in our democracy. In addition, for each covered issue, the site includes curricular material from The New York Times Learning Network for high school teachers and detailed information about how each of the institutions of democracy (the courts, the Congress, the presidency, the press and the schools) affect the issue.

A worthy site, but a Law site? I think not.

The winner of the People’s Voice award, voted by the public, went to Jurist – a web-based legal news and real-time legal research service powered by a mostly-volunteer team of over 30 part-time law student reporters, editors and Web developers led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law in Pittsburgh, Pennsylvania, USA.

Switching channels, so to speak, ask yourself “What is a law firm?” and you need look no further than the fantastic Crane Poole & Schmidt for the answer the public will give.

Kieran Flatt, writing in Legal IT, believes that there are only five law firms in the UK that have demonstrated any serious long-term commitment to developing online businesses:

Pinsent Masons’ OUT-LAW.com service is not on his list as it is a free service and he does not mention Freshfields or Simmons & Simmons. He goes on to say that:

Firms that have ignored e-business are not losing any significant amount of revenue. And if the demand for it does arise, they can always play catch-up; after all, most of their key competitors will be in exactly the same boat. The e-commerce people at the world’s top firms normally justify their team’s existence on the vague, woolly premise that online services are an unquantifiable ‘value-add’ to the firm’s serious business of generating revenue. But this is a rather weak premise on which to base a request for the firm to invest serious capital in developing these things. Why not just take clients to a better class of restaurant?

He does, though only in passing, indicate he is talking only of “large law firms”; in fact the largest. Lower down the size scale the productisation of legal services continues apace.

The difference between the large firm (primarily bespoke services) and the small firm (commoditisable services) is the subject of a major article by Professor Richard Susskind in the launch issue of Legalease’s Legal Technology journal on the way the utilisation of IT is changing the legal market from a bespoke to commodity model.

More about large firm services in my recent article Servicing the corporate client.

National, theofficial periodical of the Canadian Bar Association has produce anA to Z: 26 trends for the legal profession.

The legal profession is turning upside down, and many of the familiar landmarks are disappearing or being replaced by brand-new structures. There are so many changes afoot that National’s editorial team could match each letter of the alphabet to a development that presents a threat – or an opportunity – for lawyers. Twenty-six trends, 26 letters: which ones matter the most to you?

Thanks to slaw.ca for the pointer.

UKBlawgers

UKBlawgers is a new blog by Steve Butler who writes the UKLawyers newswire.

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