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Page 1: America's Techiest Lawyers

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Page 2: America's Techiest Lawyers

D) Tlee Hugffer

K. Ronald BalleyK. Ronald Baileyand AssociatesSandusky, 0hioNominated by Kenneth Bailey

Mr, Bailey's law firm hasalways been technologicallyadvanced, from the firstcomputer it purchased in1984 to present-day internallybuilt and maintained VO|Ptelephone system, serverswith off-site data backupand replication to ensuredisaster recovery, and evenits own custom-programmedenterprise-ma nagementsoftware that houses every-thing from its Rolodex tobilling software. Further, thlslaw firm has been scanningevery document that comesin the door for more than10 years.

human examples. The following are lawyers chosen from the more than 2OOshow that our techie lawyers have many attributes, but certain skills stood out.

D) CoOe Master

Van LlndbergAssociate at Haynes .

and BooneRichardson, TexasNominated by Utah stateJudge Denise P Lindberg

From the author bio for hisbook /nte//ectual Property and0pen Source: "Van Lindbergis a software engineer andpracticing attorney, What hedoes most, though, is translate-from'lawyer' to'enginee/and back. He llkes wo*ingwlth both computer codeand legal code to get th¡ngsdone. ,.. Van's work at Haynesand Boone touches both tra-ditional intellectual propertyand the emerging field ofopen-source law, where headvises businesses andopen-source groups 0nintellectual property issuesl'

D) Virtualizer

Marc Lamber andJames GoodnowDirectors at Fennemore CraigPhoenixNominated by Brad Shwer

Lamber and Goodnow providetheir clients with iPads pre-loaded with an array of appstailored to the clients'cases.The two have pioneered theuse of augmented reality-similar to a three-dimensionalholograph-l ike i mage-forexperts to bring concepts tolife and for presentation view-ing to help bring the sceneto a virtual reality. The pairprovlde in.house attorneyswith mobile portal stationsthat store all of the legalflllngs and case documentsfor every flrm wlth whomthe in-house lawyers work.Outside lawyers can uploaddocuments to the portal,Captivated by the innovationthat defines Silicon Valley, thetwo have made multiple visitsto tech companies and havebrought the innovative spiritpromoted by the tech compa-nies to their practice,

Þ Tetherless

Matthew MullerAssociate at KeroskyPurves & BogueSan FranciscoNominated by Asel Aliyasova

Matt is a geek, but he's alsodoing some interesting th¡ngswith technology. An immlgþtionattorney, he has a mobllepractice sultcase with acomputer, prlnter, scanneÌand projector, all battery.powered so he can give apresentation anywhele,screen clients, flll out andprlnt forms, etc. He bragsabout how once within fivem¡nutes of an immigrationjudge ordering his clientdeported, he'd scanned thejudge's order, e-filed a petitionfor review with the 9th circuit,and printed out the docketreport with an automatic stayof deportation, right there inthe courtroom, Matt is myhusband, And this is revengefor nominating me for WorstCooks in America.

Page 3: America's Techiest Lawyers

THE SEARCH FOR THE TECHIEST TAWYERS

tachngTbchiesFinding t4. footprints of America's

swttched-on lawyers

By Joe DysartHILE THE MONIKER "AMERICCS rECH-iest lawyer" may conjure an entity witha quad-core heart, onboard latte makerand a predilection to show up for courtin holographic form, it turns out law's

real-life silicon wonders are abit tamer than that.But not by much.During the past few weeks, the ABA Journal has been

on cybersafari for the dukes and duchesses of the digitalrealm. And while we have no trophy lashed to the hoodof our Jeep yet, \Me do have a much better idea of whowe're looking for-thanks to some expert hunting tipsfrom gifted guides who, on another day, would be con-sidered fair game.

Interviews with some well-known names in technol-ogy-enhanced law practice led us to a list-a sort oftrait-based picture-of what would make an attorneyone of the techiest lawyers around.

Next time you find yourself with silicon starduston your sleeve and you spin around to grab a lookat law's next big thing, chances are you'll find yourwunderkind possesses all, or at least most, of certaintelltale markings.

While America's techiest are polite enough not tofroth at the mouth, they're nevertheless afflicted withan insatiable technolust. Like kids scrambling to thejingle of the ice cream truck, they just can't helpthemselves. Some might even call them rabid.

With every wave of new technology, they've seentheir lives get better and their ability to engage withclients become quantum-enhanced, and they simplycan't wait to see how the next promising tool can beartfully mastered to bring about an even better world.

"I often feel that I'm working and moving at twicethe speed of those around me," sâys Barron K. Henley,a Columbus, Ohio, managing partner at Affinity Consult-ing Group. "It's simultaneously gratifying and madden-ing. My children have called me 'Mr. Computer-Head'since they were old enough to talk-and they're allteenagers now. I probably need a support group andmedication."

While none of America's techiest has yet to send anAmisher on his way with a GPS-ready b,rggy and a bet-ter stable-cleaning app, he or she has come close. Their

enthusiasm is infectious. When you're curious, you'Ilfind that they're always the first to tell you how thingswork, why things work and why they're important.

"They are always on," says Stephanie Kimbro, theWilmington, N.C., founder of the virtual law officeKimbro Legal Services.

Switched on and fearless: When America's techiestcome upon a grinning Bill Gates armed with a white-board filled with hieroglyphic code, they sneer, "Is thatall you've got?"

Reeling off lines of custom programming for a newapplication is easier than buttering a morning muffinfor this breed. And the techiest have no problem sharing

the finished creation with peers.PC? Mac? Both are putty in their

hands, as is any other gadget thatproves itself worthy.

"I recently read about an attorneywho utilized Skype or somethingsimilar to help Mexican citizenstestify in a hearing involving theirchildren here in Pennsylvania,"says Jennifer Ellis, vice presidentof Freedman Consulting in Lansdale,

Pa. "I thought that was an impressive use of technologyand a great savings ... all around."

Adds Henley, "Technology changes far faster than thelaw, and a true techie relishes this. They love to learnand,can't wait to try the next thing-and master it." Still,living so close to the edge, America's techiest are oftenperplexed by those who, by comparison, are so timid.

"I wouldn't be too surprised to find a cave drawingsomewhere that showed an attorney worrying aboutthe ethics and security of a wheel," Ellis says.

Agrees Paul Mansfield, presi-dent of Paul Mansfield Consultingin Corrales, N.M., 'I am stillamazed that firms do without[document management] orpractice management systems. Ithought that might be age-relatedand that older attorneys wouldbe replaced by younger onesmore tech-sawy. But that's not

34 ABAJOURNl^L Aþril 2012

Page 4: America's Techiest Lawyers

DEFINING THE BEASTCommon Characteristics of the Techiest Lawyers

Wh¡le it's tough to get complete agreement on how you might spot thetechiest lawyers, some common attributes kepi surlacing ìn our interviews

Perpetual Students: Continuallyreading, viewing, researching

what's now and what's next in tech-nology for law practice. lnsatiableappetite for experimenting with all

forms of tech-and masteringthose that make sense.

Proselytes: Alwaysadvocati ng for improvedtechnology and training

in theirfirm and with attorneycolleagues.

Mechanics: They are the oneswho step in to provide tech

solutions for practiceproblems and advice for

those who are confused bythe technology they must use.

Tree Huggers: Aim to have as closeto paperless an office as possible.

Platform Agnostics: Able tonot only use both Microsoftand Apple products, but canfind ways to make them work

together better.

Code Masters: May havetechnology degrees or

worked at softwa relcomputerfirms before studying law.

Unafraid of doing their ownprogramming when off-the-

shelf simplywon't cut it.

Virtualizers: Have f ullyautomated, computerized

and Web-enabled theirpractice's core mission.

O{fer secure client portals,including video interfaces likeSkype or Google+ Hangouts,wh¡ch are used to work with

clients online.

Tetherless: Have no problemworking from nearly anywhereon the planet, be it the Amazon

rainforest or the local Starbucks.

Sky Workers: Have no qualmsleveraging allthe cloud has to offer.

Marketers: Are black belts ¡nintegrating allforms o{ Web market-

ing, including Facebook, Twittea blog-ging and search engine optimization.

Aþril 2012 ABA JOURNAL 35

Shinola Detectors: Don't go gaga for new techsimply because it's shiny and new.

ILLUSTRATION BY PETER OUMANSKI

Page 5: America's Techiest Lawyers

THE SEARCH FOR THE TECHIEST TAWYERS

the case. I think law schools need to do a better jobof teaching law students how to leverage technologyin their practice."

Possessed of the firm belief that anyone who evenremembers the IBM Selectric should be put down,America's techiest lawyers can never be caged.

Outfitted with any combination of smartphones,laptops, iPads, portable scanners and the like, theymight be found humming Born Free under their breathlike it's the first time they've heard it. More often thannot, they cruise through their day with a sakbreezerustling their hair and a pair of shades at the ready.

"I can be online wherever I am with my iPad andiPhone," says Richard Granat, president of Directlaw,based in Palm Beach Gardens, Fla. "Sometimes, I prac-tice law and serve clients in Maryland when I am on thebeach in Florida."

And the techiest strive to skillfully blend as manyuseful and complementary tech-nologies as they can get theirhands on. They don't simply havea website; they have a secure por-tal where they can meet virtuallywith clients and work equallyeffectively via phone, video-chator email.

Täke the clients of Granat LegalServices, a virtual law practice.

They "have their own, secure client space where I cancommunicate with them securely wherever I am," hesays. "Communications can happen at any rime of theday and night. All my records are online. All my lawbooks and materials are in digital format."

The upshot? "A client portal saves me enormousamounts of time and enables me to make a profiteven though my prices are low."

Just as every facet of the Web presence of America'stechiest is tricked-out technologically, so is every aspecrof their core business. For this beast, feeble attemptsand half-finished efforts are best left for chumps.

"I don't think a lawyer qualifies as the techiesr lawyerunless the core process that underpins that particular

,

type of practice has been automated and, where appro-priate, that core process has to be Web-enabled," Granatsays. "To go a step further, if you are a litigation lawyerand you don't use automated litigation support methods,you may be guilty of malpractice."

Something the techiest hate as much as malpractice ismissed (not just mis-) communication. Facebook, Twitter,YouTìrbe and other forms of social media long ago movedfrom country road curiosities for America's techiest totheir lifeblood lane. Facebook alone plays host to 800million-plus people worldwide. And America's techiesrknow that when fishing, you go where the fish are.

"Many of these tools can help lawyers and clientswork together toward a mutual win-win that was rarelyp-ossible in the pasr," says Matt Kesnef, the Mountainvteq Calif.-based chief information officer at the lawfirm of Fenwick & West.

36 ABA JOURN AL Aprit 20rZ

MARKEÎ MAVENSMEANWHILE, THOSE GRUNTS YOU HEAR AS ONE OF AMER-ica's techiest swooshes by you are the black-belt moveshe or she is making to interweaveall these forms of social media intoan all-encompassing marketingdynamo. The techiest are alwaysready to take the latest flavor-of-the-social-media-month for a spin.

But to be among the techiestalso means never overlooking thebasics. That means maintaining ablog that quotes and is quoted byone's peers. And developing a search engine optimiza-tion discipline that ensures every new content morselof the Web presence gets gobbled up by Google andothers for optimum placement.

And optimum placement for all this work? America'stechiest are busy up in the cloud. They're already zoom-ing around the stratosphere, tapping into the countlesssupplies of state-of-the-art applications. The relentless,single-minded mantra "fasteE cheaper" is never far fromthe techies' consciousness.

Sure, like many, they were a bit bothered at first bycloud security issues. But they're lawyers, after all, andthey were sure to put their provider's feet to the firebefore signing on the dotted line. And they still stopby now and then to make sure everything's still niceand toasty. Says Kimbro: The techiest lawyers "caneasily pick up different cloud-based platforms."

Young at heart enough to be committed to the greatergood and mean it, America's techiest are stalwart sup-porters of open-source code. They regularly contributeefforts to software that can be shared-and enhanced

-by all. "They will be the first to be comfortableexperimenting with opensource," says Kimbro.

Yet despite their indisputabletechnological prowess, America'stechiest lawyers are the last tostrut about with the latest tech-nology like a peacock maroonedon a hog farm. They know thattechnology is first and foremosta tool, and that it should always

be used for good and not evil. Says Affinity's Henley:"Lawyers who carry around a laptop, an iPad and twosmartphones are just being ridiculous."

Adds Gatolyn Elefant, a Washington, D.C., solo spe-cializing in federal energy practice and policy, "Lawyerswho boast about the tech they use are just posers. Thosewho make it seamless or invisible, to me, are the techi-est. They use tech as seamlessly as lawyers of my gen-eration used legal pads and engraved stationery."

America's techiest don't go gaga for new tech simplybecause it's shiny and new or because someone toldthem it's cool. They've graduated from high school,thank you, and they're not in a hurry to go back there.They know Shinola from that other stuff.

Page 6: America's Techiest Lawyers

They ensure that any piece of tech to earn a placeof honor in their arsenal endures a vetring that wouldrnake SEAL Team Six proud. And at any moment,they're more than h"ppy to vet and vet again.

"It's less about the particular tools ... and more aboutthe philosophy of looking to technology ro solve prob-lems that have traditionally been solved by other means

-or not solved at all," says Erik Mazzone, director of theCenter for Practice Management at rhe North CarolinaBar Association. "I have roo many lawyer clients who havean iPad because it's the 'right thing to have'and makesthem look hip. But they are clueless on how to use it."

"Every time you add a new technology it takes timeto learn how to use it and how to incorporate it intoyour practice," chimes in Nicole Black, a Rochester,N.Y., lawyer and legal technology aurhor who blogsat lawtechtalk.com. "If you're constantly doing that,it can interfere with your workflow."

STILL HUMANcuRsED WITH'tHESE StJplìRHUMAN ABll,t'I'IES, AMERICdStechiest nevertheless understand that there are otherlawyers on the planet whose hearts don't skip a beatwhen an overnight delivery shows up with Apple's latestiPhone. And that-to paraphrase Stuart Smalley, thatgreat icon of serenity from SaÍurdØ Nigút Liae-is OK.

"A good techie lawyer is one who understands thatnot everybody is, wanrs to be or needs ro be at herlevel," Ellis says. "She encourages and supports peopleto move forward, understanding that not everyone lovesand is comfortable with technology."

All in all, no matter how many paradigm shifts or quan-tum leaps, America's techiest never lose that childlikewonder that comes from living in an age when all rhingstruly seem possible, an age when a lawyer can cârry morecomputing power in her pocker rhan was needed to landa man on the moon. An age when a person on one conti-nent, by using Skype, can see and share experiences witha person on another continent in real time.

An age when a teenager inEgypt, who is sick and tiredof being sick and tired, grabsa smartphone, runs out intothe street and overthrows agovefnment.

"We are at the cusp of greatchange," says Ellis.

Agrees Black: "We're in themidst of a seismic shift. Thisconclusion is, I think, indisputable."

And, says Dennis Kennedy, a St. Louis-based legal-technology author, "Ten years ago, you might have beenable to dabble with the Inrernet. Today, you musr liveand breathe the Internet. The computing power in yourhands, literally, today is staggering compared to what wehad 10 years ago. Our imaginations, more so rhan theteohnologies, have become the limitations." I

DENNIS KENNEDY: "What Ilindto be distinguishing ... would bethe best techie lawyers'under-standing and use ol the Internet,including cloud computing, socialmedia and collaboration tools, aswell as traditional search and useof other lnternet resources."

STEPHANIE KIMBRO:l'There is no srch thing asbeing too techiei'

tech in lawuse

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RICI.IARDGRANAÏ:

"Over time,new methodsol practicing

law based uponinformationand lnternet

technology willpermanentlychange the

practice of law-not only inAmerica butworldwide."

o

Joe Dysart is a fwelance witer l¡ased in ,LIaniattan

MATT KESNER:"My personal mis-s¡on ¡s to brino thebest of technoloovto the oractice õf

law to iinorove theoutcorñes for

clients."

ll--

Page 7: America's Techiest Lawyers

hurrshor

D PerpetualStudent

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Jennifer HamiltonGlobal e-discovery counselat Deere & Co.Moline, lll.Nominated by Amor Esteban

Hamilton has incorporatedtechnology into all facets ofher insanely busy life. "To callher a techie doesn't do Jennyjusticej' husband Jay Hamiltontells me. "Part machine maybe a better fiti' ln fact, he jokesthat his now-five-months-preg-nant wife could easily givebirth to a child who's up tospeed on all the latest apps.Jennifer's obsession with tech-nology is a mystery to some,but you don't have to look farto find the source of her fasci-nation-the former Gatewayemployee grew up aroundher family's dinner tablechatting with her softwareproglamming brother andtheir fellow techie father,who spent years at IBM inthe'60s and is now spendingfree time in retirement buildingiPhone apps. And even inDaddy's eyes, his daughterbrings new definition to thelerm plugged-¡n.

THE SEARCH TOR THETECHIEST LAWYERS

ARCHETYPALTECHIES

]) PlatformAÉlnostic

Garland BrownPartner at Weiss BrownScottsdale, Ariz,Nominated by Laura Carpenter

When I decided to launchmy own lnternet-based legalresearch/ regu latory i ntelligencecompany, I hired Garland-heprovided exceptional adviceon how to set up the businessand what to look for in regardto technology. Garland is thelT guru for his firm, and allof us who see their office areimmensely jealous. He hasmefged Mlcrosoft and Appleapplications so seamlessly,and they have the coolestAV capabllities. Garland haswide-ranging and exceptionallyunique experience in the tech-nology field that includes 12years of senior-level experiencein Redmond, Wash., withMicrosoft as both a lead soft-ware development engineerand as a director in antitrustlaw compliance.

3a ABA JOUF.NAL Aprit z7t?

Establishing the attributes that make up techiness in Ìawyers also calls fonominations received for this article. Excerpts from the nomination

D) Proselyte

MichaelSmithManaging member of SmithBaridSavannah, Ga.Nominated by Richard S. Barid

Due to his depth of knowledgein lT matters, Michael servesas the flrm's chief technolog!officer and lT department.His ideas (and implementationofthose ideas) has madeSmith Barid one of the onlypaperless law firms in theSavannah area. Michael alsopioneered a cloud-based casemanagement system for thefirm, utilizing and repurposingexisting cloud-based tools,including 3Tsignals' Highrise,Google Apps and AmazonS3/Jungledisk, Michael con-stantly keeps the firm notjust up to date but aheadof the curve on technologicaladvancements that help im-prove law firm management aswell as business development.

l\

>> Mechanic

Llnsey Sims-BohnenstiehlTrial court law clerk at the12th Judicial CircuitSarasota, Fla.Nominated by Katherine Drury

Linsey held a career in tech-nology before becoming anattorney. As such, she is theteam's best resource in every-thing related to technology. I

often rely on her, instead ofthe lï depaftment, becauseshe is better able to trouble-shoot, knowing the end goalof the project with the attor-neyb perspective. Linsey isa fonrard thinker and makessuggestio¡s that better ourwork and team based uponthe benefits given to us bythe power of technology.

tI

ILLUSTRATIONS BY PDTER OUMANSKI

Page 8: America's Techiest Lawyers

D) Tlee Hugffer

K. Ronald BalleyK. Ronald Baileyand AssociatesSandusky, 0hioNominated by Kenneth Bailey

Mr, Bailey's law firm hasalways been technologicallyadvanced, from the firstcomputer it purchased in1984 to present-day internallybuilt and maintained VO|Ptelephone system, serverswith off-site data backupand replication to ensuredisaster recovery, and evenits own custom-programmedenterprise-ma nagementsoftware that houses every-thing from its Rolodex tobilling software. Further, thlslaw firm has been scanningevery document that comesin the door for more than10 years.

human examples. The following are lawyers chosen from the more than 2OOshow that our techie lawyers have many attributes, but certain skills stood out.

D) CoOe Master

Van LlndbergAssociate at Haynes .

and BooneRichardson, TexasNominated by Utah stateJudge Denise P Lindberg

From the author bio for hisbook /nte//ectual Property and0pen Source: "Van Lindbergis a software engineer andpracticing attorney, What hedoes most, though, is translate-from'lawyer' to'enginee/and back. He llkes wo*ingwlth both computer codeand legal code to get th¡ngsdone. ,.. Van's work at Haynesand Boone touches both tra-ditional intellectual propertyand the emerging field ofopen-source law, where headvises businesses andopen-source groups 0nintellectual property issuesl'

D) Virtualizer

Marc Lamber andJames GoodnowDirectors at Fennemore CraigPhoenixNominated by Brad Shwer

Lamber and Goodnow providetheir clients with iPads pre-loaded with an array of appstailored to the clients'cases.The two have pioneered theuse of augmented reality-similar to a three-dimensionalholograph-l ike i mage-forexperts to bring concepts tolife and for presentation view-ing to help bring the sceneto a virtual reality. The pairprovlde in.house attorneyswith mobile portal stationsthat store all of the legalflllngs and case documentsfor every flrm wlth whomthe in-house lawyers work.Outside lawyers can uploaddocuments to the portal,Captivated by the innovationthat defines Silicon Valley, thetwo have made multiple visitsto tech companies and havebrought the innovative spiritpromoted by the tech compa-nies to their practice,

Þ Tetherless

Matthew MullerAssociate at KeroskyPurves & BogueSan FranciscoNominated by Asel Aliyasova

Matt is a geek, but he's alsodoing some interesting th¡ngswith technology. An immlgþtionattorney, he has a mobllepractice sultcase with acomputer, prlnter, scanneÌand projector, all battery.powered so he can give apresentation anywhele,screen clients, flll out andprlnt forms, etc. He bragsabout how once within fivem¡nutes of an immigrationjudge ordering his clientdeported, he'd scanned thejudge's order, e-filed a petitionfor review with the 9th circuit,and printed out the docketreport with an automatic stayof deportation, right there inthe courtroom, Matt is myhusband, And this is revengefor nominating me for WorstCooks in America.

Page 9: America's Techiest Lawyers

THE SEARCH FORTHETECHIEST TAWYERS

(!t\

>t slry Worker

Anthony JohnsonManaging partnerat Butlel Horn, Nye & JohnsonLittle Rock, Ark.Nominated by Brian Butler

Anthony knows more abouttech than most people in thetech industry, He has been atech entrepreneur for years,having experience in startingor working with lnternet startupsfrom bootstrap level to venture-capital-funded companies.Slnce becoming a partnerwith our small firm, he hasbeen plvotal in transitioningthe firm to the cloud, includ-ing a completely cloud-basedclient management system,cloud file servers, cloud back-ups, and a cloud-hosted VO|Ptelephone system that worksseamlessly across multlpleoffices and at home. Anthonydeveloped, designed and con-tinues to manage our website,including the newest featureallowing clients to meet onthe site and video-chat asan option for consultations(still in beta testing).

\

40 ABAJOURNALAþil?012

Þ marketer

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PaulKieselName partnerat Kiesel Boucher LarsonBeverly Hills, Calif.Nominated by Rex Heinke

Paul has always been a veryearly adopter oftechnology. Hewas one of the first attorneys,if not the first, to bring a com-puter into court during trial.Attorneys would come intocourt just to see his computerin action in a trial. He alsoholds an annual seminarattended by several hundredattorneys where attorneyRobert Fink and Paul wouldshare the years of informationthey have acquired. His firmalso has a fully computerizedediting department for thepreparation/editing anddownloading of day-in-the-llfeand other productions on hlscases. (His is the image seenpacing across the screen uponaccessing the firm's website,)

D) slr¡nolaDetector

Ii

W. Todd GarlisleShareholder atSirote & PermuttSouth Birmingham, Ala.Nominated by John H. Cooper

Todd works tirelessly to helpour law firm stay on the lead-ing edge in technology. Heuses his technological toolsand expertise to communicateeffectively with his cl¡ents,efficiently coordi nate effortswith his co-workers, and helplead our firm strategically intothe future. He is constantlyexamining the new technologyavailable and explodng thepossibili$ of how that tech-nology can help the fimserve our clients better.However, Todd also balancesthe need for new with thenecessity of secudty andthe consideration of cost.He steered the firm toward asecure, cloud-based productthat also provided a conven-ient platform for sharing in-formation. Because of Todd'sleadership, our law firm willproduce many other tech-sawyteam members.