by KENNETH G. RAGGIO
Precis of article
The family law practitioner, whether in a solo or small firm environment, must utilize the technologies that until recently have only been available to large firms or at great expense. With the cost of equipping a full hardware and software suite being in four figures, efficiencies not previously available are now thrust upon the family lawyer who must2 utilize such to compete. The answers to whether such efficiency leads to a higher quality of life for the attorney, a higher level of service to clients, or a decrease in revenues, depend upon implementation. Some specific software and hardware solutions are discussed, with special emphasis on the Internet and how it fundamentally affects family law.
I. HARDWARE – THE VALUE
There is now no reason not to get a Pentium or better CPU in either a notebook or desktop model, as prices have dropped below $2,000 (notebook) and $1,000 (desktop) machines. Windows 95 has become a stable platform and is easier than its predecessors to use. Formerly expensive add-ons such as a CD-ROM Recorder, are now affordable for lawyers even on tight budgets.
II. A NEW MARKETPLACE
Technology has made it possible for small law firms–even sole practitioners–to have many of the tools formerly available at great expense to large firms available to help manage cases, conduct trial, catalog discovery cases, prepare for litigation, and to resolve cases either by settlement or by trial. Of particular interest to the family lawyer are three particular areas:
- Facilitating team approach to cases or other projects;
- Taking it all with you to court, to mediation, or other place;
- Staying in touch from wherever you may be.
A lawyer’s competency can only be enhanced by the office systems that support the lawyer. The first level is staff, second is organization, third is effective communication, and fourth is effective data manipulation. The unsaid but always present desire is that lawyer’s revenues greatly exceed expenditures and direct costs so that the lawyer can make a living. Technology should enhance this effort, not hinder it.
Competent staff is the single most valuable factor in the system’s mix. The other systems become as important as staff when volume of business or complexity of cases increases. Once systems have been established, it is usually much easier to ramp up capacity to handle either the “big” case or an increase in volume of cases.
Efficient back-office systems (billing, accounting, charge-back for costs such as copying, long-distance phone, FAXing system, etc.) can make a difference in the bottom line. Management can alert the lawyer (or the lawyer’s delegatee) of potential problems or concerns with enough lead time to remedy them.
As technology prices have dropped and power has increased, efficient lawyers have been able to produce their “product”3 at less cost, and competitive factors have tended to limit hourly rates attorneys can charge for services. Technology allows what used to be “customized services” in the Family Law area to now be programmed and formalized generally at less cost to the client4. The attorney who furnishes similar services at a lower cost finds that market forces will apply.
As other technologies mature (such as voice recognition software), many of the functions of lawyer/paralegal/secretary will become blended. As with many things in our business, results and unit billing may be an appropriate way of billing.
III. THE ESSENTIAL TOOLS FOR LAWYERS FUNCTIONING
A. Back Office.
Telephone, copier, fax, general ledger, legal timekeeping, tracking expenses (such as courier, overnight deliveries, charge for long distance, etc.) are all examples of vital functions, where the lack of a “plan” will greatly increase the cost of servicing these back office functions. However, discussions of such management issues are more for a pure law practice management seminar and are not further discussed hereafter, except as such directly affects the rest of the Family Lawyer’s technology arsenal.
B. Communication–E-Mail–Groupware.
In all but the very smallest offices, computer E-Mail (as well as telephone or computer voice mail) can enhance service to clients as an attorney and attorney’s staff can be more responsive to client needs.
E-Mail-Groupware serves as a valuable way of tracking projects, tasks, cases, people and other resources. Most E-Mail systems are adaptable to keep a running log of activity in a case so that employees who are asked can figure out how and where the ball is at a given time. While such a system will not approach the sophistication of a Lotus Notes data base system, it is generally more useful than a manual or word processing document based system.
Naming Names
Names that come to mind for Groupware/E-Mail include:
Lotus Notes
Novell Groupwise
Ecco Pro
Others that are more traditionally calendar or PIMs but could work in small offices as Groupware are:
InfoTree (outliner)
Time ‘n Chaos PIM
Goldmine PIM.
The subset of communication remotely is covered infra.
Many clients–who are operating in the corporate world–are now demanding that communications be through E-Mail in their native E-Mail system.
C. Producing Persuasion
We lawyers are wordsmiths, producing persuasion. Most of what we produce either to our clients, to opposing counsel, or to the Courts, is in writing. In the past few years, we have begun to utilize demonstrative evidence, as we realize that combining sight and sound has more impact and remembrance than words alone. Just as the word processors of the 1980’s transformed the legal world by allowing variable insertions in long documents, saw the rise of intelligent document generators, etc., in the 1990’s sees the integration of graphics, math, and other functions into basic word processing. And Windows’ DDLs (dynamic data links) allows updating of one data field to update all derivative documents that are linked to that particular data field, even if contained in another document. The software tools are more powerful and have more features than the lawyer will probably even need. Even though the Word Office Suite is more tightly integrated and has more of corporate America than Corel Perfect Office, Word Perfect still seems to more features targeted for the lawyers, such as sophisticated document-wide commands and the unique “reveal codes” option. (Besides, over 80% of the legal market still uses Word Perfect 5.1-DOS.) It is the extra features of groupware, the linking of documents and data within documents, and outgrowing of obsolete machines and hardware that are finally leading the move in law offices to Windows.
- Persuasive Negotiations/MediationThe days of appearing at a settlement conference or mediation with only a thin notebook and a hopeful disposition are ending. Just as in trial, these settlement efforts mandate that the lawyer combine sight and sound and use “demonstrative evidence” to make the point. Appropriate graphics can show the differences in proposals, variances in valuation, and effect and the setting of levels of support.5 High end cases now justify burning CD-ROMs6 with selected and quite persuasive evidence that may help produce settlement. For instance, scanning a naked picture of the husband’s girlfriend along with a video clip of the husband’s deposition saying that he has never been with other women can help show what trial may be like to hard-headed litigants.7 Spreadsheets that can be updated instantly as offers and counteroffers and exchanged are becoming much more of the rule than the exception.
- Effective Trial PreparationEffective trial presentation demands that the attorney combine sight and sound to lift the trier of fact out of the doldrums of proceeding that the case before it is “same old, same old”. A poster board with a chronology (time line) enlarged to poster size is effective. The same type of financial charts that were used in mediation can help distinguish your case before the trier of fact. Instantaneous retrieval of data (such as depositions, deposition testimony and document retrieval) is paramount to make timely impeachment of a straying witness.(8) However, the practitioner must be aware that there are certain rules in using technology in a trial situation that may differ from other uses:
a. Be sure your depiction is accurate and fair. Watch out for the use of misleading baselines or scales in charts.
b. Don’t use color or glitch just because it can be done. Simple, clear charts are generally always better than complicated charts.
c. Be aware of the chance of a direct computer presentation “blowing up”, and either be real sure of your ability to pull it off (generally with a computer provider responsible for same) AND have a “back up system” in place, generally a paper based rendition of the demonstrative evidence.9
d. Final argument is a place where high tech can truly make a difference. The trier of fact and everyone else is usually tired and ready to get the case over with. Using high tech to capture the trier of facts’ attention one last time may be the persuading element in the case.
D. The New World of Research
On line services–such as Westlaw and Lexis–are dropping in prices. The availability and cost of research CD-ROMS–and the usefulness of the search engines on same–is increasing in power and useability as costs drop. What is relatively new is the ability of the lawyer to drop the lawyer’s entire knowledge in the family law area onto one CD-ROM disk, and take it to wherever the knowledge is necessary, whether settlement, mediation, discovery, or trial. Similarly, virtually all information in most cases (save and except video depositions, and extensive images) can generally be placed on one CD-ROM that contains the equivalent of boxes of documents.
The new research tool is the “Internet”. Major law libraries have become jump sites for searches that can produce sometimes startling information. The Net is changing daily but the trend of its use is expanding exponentially. A section infra deals exclusively with the Net.
IV. SPECIFIC HARDWARE AND SOFTWARE APPLICATIONS TO BE DISCUSSED
A. Description of Calendars and PIMS
The calendar/outliner to be demonstrated is Ecco Pro, not dissimilar from Steve Harhai’s presentation. The outliner is the latest integration of the original outliners (PC Outline, Think Tank, then Grandview) that has now evolved into a package with more features, some of which are powerful and easy to use. Of note is Ecco’s “Shooter” which allows the users to drag data from within a program into the Ecco outline (or calendar or whatever) so that it may be used.
A powerful tool to look for is file synchronization, where several replicas of a file are kept in sync by the software. This keeps the information used by many on the same case current. Ecco Pro and Lotus Notes are the best.
For calendars, Novell’s GroupWise has an excellent calendar, including allocating conference rooms and defining related events. Time Matters is up and running with a viable competitor as well as Ecco Pro, Lotus Organizer, and Goldmine, among others.
Unfortunately, a user must try one or more of the various programs to really decide which is more appropriate for use. Many manufacturers offer demo disks; some stores such as Comp USA, have fully functioning demos of software (generally general market software) functioning at their computer stores. Internet-distributed, full-version software call for payment only if you use it after the stated trial period.
B. CD-ROM Recorders
- DefinitionA CDR is a CD-ROM module installed in a computer that is used to write or record a CD-ROM from data selected by the user. Any data that can reside on a computer’s hard disk can be recorded–or cut–into a CDR.
- CostsAs most other things in the computer world, prices have dropped for CDRs. A CDR that cost $1,400 one year ago is now available for one-third of that. For instance, the Smart & Friendly 1004 retails for about $400.
- Uses of CDRsThe essential concept of a CDR is that it is a static–or “written once but read many times” copy of data. This, of course, is fundamentally different from the usual hard drive storage protocol. Once cut, a CD is generally more stable than a hard drive, and cannot be inadvertently erased. Important uses include:
A. In-office research data base.
Most CLE materials are available on disk from the CLE provider. A collection of these disks indexed with retrieval software makes for an excellent CD-ROM. This research data base can be easily transported to other offices or to a work site.
A family law mediator, for instance, could have the benefit of all of recent Texas law in the Family Law area to take to a mediation so the mediator could refer to third party sources’ opinions about legal issues instead of delving into the slippery slope of “legal advice” that neutral third parties should refrain from rendering.
B. Backups.
For $10 or less, anyone can make a static backup of up to 650 MB of data or a CD for a monthly–or other periodic–backup of the office server. Having such a static backup has its obvious uses:
1. “Hard-to-refute” proof of what existed (or what did not exist) on a certain date;
2. A mirror of the system that existed prior to a virus infecting the system; or,
3. A complete backup in an easy-to-store easy-to-retrieve system of closed client files. These uses will be compared to a tape backup or a removable hard drive backup, infra.
C. Image Files
Individual image files are generally huge (10+ MB each) and therefore eat up hard drive space at a prodigious rate. Multiple CDRs can operate as “multiple storage repositories” for many image files.
D. Data Catalogs.
4. Practical Aspects of Do-Your-Own CDRs
No computer comes installed with a CDR, although it is becoming very common for a computer to come with a CD-ROM reader. So the only possibility is to have a CDR added to a new computer at purchase as a special order or add it to an existing machine.
A. WIN 95 – A must.
Don’t even think about trying to install a CDR on a Windows 3.11 or a DOS machine. (A MAC discussion is excluded; you 5% are on your own). Virtually all CDRs are SCSI based, and come with their own specialized SCSI interface card. WIN 95 attempts to recognize new hardware and automatically install the drivers for it on the computer, avoiding serious “stubborn-mule” routines that generally accompany adding sophisticated hardware to WIN 3.11 or DOS systems.10
B. Large, fast hard drive.
Since the capacity of a CD-ROM is about 650 MB, a 1.0 GIG hard drive is minimum, with at least 750 free MB. The drive should be unfragmented, and preferably should be a SCSI drive that does not rely on thermal recalibration,11 or a fast EIDE drive. The most common consumer CDRs write at 2X speed. Generally this means that the hard drive must have the ability to send data at a sustained 300 megabit (not megabyte) per second rate to avoid risk of crashing the system. Thankfully, most CDRs now have a 1-2 MB buffer so that temporary pauses in the hard drive’s delivery of data will not generally crash the writing process.
C. Have a UPS.
All computers should be protected by a surge suppressor. Really important computers should additionally be protected by a UPS–universal power supply–that prevents surges or momentary lapses in the power from “booting” a computer. With a UPS, the computer is literally running off battery power and is far less subject to crashing during a spike or temporary lapse of power. Either of these could ruin data, and with the case of a CDR that is writing, ruin a CD.
D. Software
As with other computer hardware, the most significant difference is in the CDR software. All CDRs come with bundled software that many times is “lite” or limited, versions of full-featured software that the software manufacturer hopes that you will buy.12 Besides, bundled software can change or even be different on otherwise identical units on a computer store shelf. Corel CD Creator is a standard for power and ease of use but is now shipped mostly in a lite version with CDR writers. Other software includes Incat’s Easy CD, among others.
- Archiving software merely gives the user an easy way to select files (or directories) to be selected for the automated heading of a CD-ROM, not terribly dissimilar to tape backup software.
- Indexing/retrieval software. This is the heart of any useful CD system. West uses Premis; Matthew Bender is moving to Premis and FolioViews. LawDesk has moved to FolioViews. Each CDR is bundled with software, such as Alchemy with HP’s 4020. This is the software that the user should be most interested in upgrading, as this determines the functionality of CDRs. Full versions of Premis or Folio cost about $400.Typically, the user selects files to go on the CD-ROM, loads them into a special directory, and then has the search engine makes its index of the data for retrieval. Then the index and the data files are the ones that are cut into the CD.
- Copyright problems. The user must be aware of licensing problems that may occur if a working copy of a program is placed on a CD-ROM. Most licenses are for a single use at any given time, although the program may be physically present in a backup form at another location. It would violate copyright laws, for instance, to cut multiple CDs of the same data, same indexes, and include a source program without having proper licenses from the software manufacturer.13 However, the need to have multiple copies of the same CD should be rare in most law office environments.
- Recording Time. It can take an hour to cut a single CD with consumer level equipment contemplated in this article.
- Alternatives to CDR
A. Large, Cheap Hard Drives
Hard drive prices have dropped precipitously–a 1 GIG or larger EIDE drive can be added to an existing system for less than $200. Hard drives of 540 MB-810 MB-1.2 GIG are common even on laptop computers. Hard drives have much faster access to data than CD-ROMs, although even 12X speed CD-ROMs are already on the market. (A 12X CD-ROM is as fast as an MFM or RLL hard drive of 7 years ago running in an IBM PC). Therefore, many users may choose to keep all their data on a hard drive and never cut a CD-ROM. But a hard drive will always fail, the question is when…
B. Jaz Drive
The most interesting–and useful–alternative to CDR is Iomega’s Jaz drive. This SCSI device installs as an additional hard drive in a computer, and has a removable 1 GIG drive cartridge. It has extremely fast access (12 ms), and with multiple cartridges, one can have access to literally gigabytes of data just changing cartridges. The Jaz drive operates functionally as a hard drive, so that files can be read and written, and erased repeatedly, as with any hard drive. The Jaz drive is very functional for backups, and it can be removed to the office’s “safe place”; i.e., a fireproof file, etc., that would prevent Data Decapitation14 of the law firm in a disaster.
Practical uses of the Jaz drive include:
- Complete backup of client’s files.When we close out a client’s file, everything that was kept in the client’s directory on the computer (correspondence, pleadings, work product, etc.) is removed from those directories onto the Jaz drive. It is logged in as a content of that particular cartridge (for later retrieval). The cartridge is removed and placed in our office “safe place” until the next time that a client’s file either is to be removed from our system, or until we need to look in a closed file for something.
- Load huge files (or a large number of files) in complex cases and have data speedily retrieved for display or manipulation. The Jaz drives are really designed to quickly handle large image files. As it can handle image files, it can handle virtually any data files (text files) that a lawyer could have.
C. Choosing a Jaz drive or a CDR.
A Jaz drive at $400 (without SCSI interface card) is less expensive than any CDR. Adding in the cost of a SCSI controller card may make the prices comparable. However, Jaz cartridges cost $100 each versus about $6 for a CD-ROM. Therefore, the question of whether to choose a CDR or a Jaz drive (or even relying on a tape backup) should be determined by intended use, need for speed of retrieval from the media, expense of media issues, reliability, and portability. Jaz drive cartridges are more frail than CD-ROMs (or backup tapes) and are really intended for in-office versus out-of-office uses. Laptops commonly have CD-ROMs, making the fruits of a CDR system (the CD-ROM) transportable. The Jaz (and a backup tape drive) is stuck in an office computer.
The new technology DVD drives are just now coming to the market. DVD CDs hold ten times the information of a regular CD, but are still rather pricey. (Sounds like the CD recorders of three years ago, huh?) But this technology may fundamentally effect trial work: A lawyer could go into court with a notebook computer and have a the complete notebook, including video testimony and recreations of the demonstrative evidence key to the case.
6. Conclusion: CD-ROMs
$400 can buy you a complete CDR writer that has all the capabilities needed for most family law attorney’s purposes. $500 will buy a Jaz drive (with a controller card) with the first $100 data cartridges and fulfill many of the same functions. Each method has advantages and disadvantages, which should be examined by the potential user. As Deion Sanders said in TV commercials last year, why not “Both?”
V. NAMING NAMES
The essential computer tools for the Family Lawyer can include:
A. Operating system
WIN 95 (assumes a Pentium computer)
B. Word Processing
Corel WordPerfect 7.0 (Legal Addition–includes other software)
Word 7
C. Document Assembly Program
Hot Docs 4.0 with family law templates
D. Spreadsheet
Excel
Quattro Pro
E. Data Base
General purpose Microsoft Access or Paradox
F. E.Mail/Groupware
Groupwise
G. Document Management Program
Lotus Notes
Groupwise 5.0 (not 4.1)
H. Accounting
Quicken
I. Time and Billing
Time Slips
J. Remote Access
PC Anywhere
K. “Safe” Mass Storage
Jaz Drive
L. “Portable” Mass Storage
CD-R; CDR HP 6020, Smart and Friendly 1002
M. Litigation Support/Retrieval/Research
Discovery Pro
Folio Views
Summation
N. Internet
Netscape 3.0
Microsoft Explorer 3.0
O. Calendar
Groupwise
Ecco Pro
Time ‘N Chaos
P. Outliner/PIM
Ecco Pro
Act!
Goldmine
Infotree
Web authorizing software
Microsoft Front Page 97 (The only choice–everything you see in this website is due to the ease of use of FrontPage 97.)
Return to Top of Page
VI. FAMILY LAW AND THE INTERNET
A. SEARCH ENGINES
The following gives an idea of how the different Internet search engines operate.
The search was made for “Raggio” in the various search engines. For instance, AltaVista found the fourth site with Louise B. Raggio receiving the Trailblazer Award and the 16th record of her being a pioneer in Family Law. Yahoo had only two sites but none of the same. Excite had 2,529 documents, with the 20th document being about establishing the Louise B. Raggio Award. Magellan had the No. 1 as Ken Raggio, Attorney at Law. Infoseek had the Trailblazer article about Louise B. Raggio as the first article, Kenneth G. Raggio, Attorney at Law, as the fourth cite, and a newspaper article about Louise B. Raggio receiving the Margaret Brent Award as No.6.
In summary,
www.Altavista.digital.com – LBR #4, 6, 16
www.Lycos.com – LBR #6
www.Yahoo.com – None
www.Excite.com – LBR #20 of 2,529 documents
www.Magellan.com – KGR #1, #2
www.Infoseek.com – LBR #2, #6; KGR #4
The lesson to be learned from this is that each of the search engines have their own way of responding to your request. (Software is now available that will search all web searches for your search, and report back to you.) NOTE: Since the www.raggiolaw.com page has been “up”, these numbers are now passe´.
B. JUMPSITES
1. The emerging national jumpsite is ABA Family Law Section site at www.ABAnet.org/Family. For instance, draft standards for lawyers representing children in abuse and neglect cases and principles governing appointment of lawyers and guardian ad litems for children are available for dissemination. Section members also can get on listserves.
The site has useful information (precis of current Family Law Quarterly articles, Family Advocate articles, and other current developments, plus CLE publications information, plus, proprietary areas for section members). The ABA and the section have committed sufficient resources to make this site a “first stop” in Family Law.
2. http://www.divorcenet.com/ – Family Law Advisor. 800,000+ hits per month. Information about most states family law from “real” lawyers. The public has “chat” rooms.
3. www.Legal.net
4. www.Raggiolaw.com – General divorce information for the public plus information about pure form mediation, plus jumpsites.
5.http://www.lawinfo.com
RESEARCH SITES
1. www.Law.utexas.edu (Texas has a law school! But you can get to all the other majors through this page).
2. www.ssa.gov – Social Security for divorcees, §311, 322
3. www.pbgc.gov/divorce3/htm – How to get QDROs done
4.www.adams.patriot.net/crouch/ Crouch Law Firm. Family Law all over plus more.
5. www.law.cornell.edu/topics/topic2.htm/# family law
6. www.Versuslaw.com/ Case legal research for half of Lexis or Westlaw.
7. www.fast.search.com – More case law research
If you’re lazy, just go to http://www.raggiolaw.com/other1.htm for all of the above sites, plus perhaps some others.
CAVEAT
The Web has useful sites for the Family Law practitioner; however, the practitioner should remain aware that fast, pointed searches with for fee services (DBT Online, CompuServe, and even Lexis and Westlaw) may be more cost effective for clients, as it may take less time to find the pointed answers than doing Web searches.
E. A Web Page?
Should a family law attorney have a Web page? The answer depends and takes some self examination of the attorney and the attorney’s practice for the answer to become clear. Generally, Web sites for lawyers should be:
1. Quick to download with a minimum of graphics;
2. Should contain useful content (such as frequently asked questions about divorce in your jurisdiction, and resources available); and
3. Should not violate any ethical obligations of the lawyer.15
VII. CONCLUSION
Technology is here and must be used. It is not something as static as it was even a decade ago. One should plan for a planned obsolescence of systems within a three-year period, but making sure that the backbones (data format) used are upwardly compatible with the next generation of hardware and software. Even though the family law practice is more “face-to-face” than most other areas of law, the era of the virtual lawyer with the virtual lawyer and virtual office–where most information is transmitted and stored electronically with fewer in person contacts, becomes more of the reality. The Internet fundamentally affects our practice, with the consequences not clearly seen at this time.
Footnotes Begin Here
1Kenneth G. Raggio is a past Chairman of the American Bar Association’s Family Law Section, the largest organization of family lawyers in the world. Raggio has authored the “Tools of the Trade” column of the Family Advocate, focusing on applying technology to lawyers’ practices. Raggio is a certified Mediator for Family Law Problems. The certification is by the American Academy of Matrimonial Lawyers.A Certified Specialist in Family Law as well as a Fellow of the American Academy of Matrimonial Lawyers, Raggio practices in the Dallas Family Law specialty firm of the Law Offices of Raggio & Raggio, P.L.L.C. Raggio handles cases involving significant quantities of documents, tracing, and characterization, and has authored articles and lectured on subjects dealing with those topics as well as both evidence and application of technology to the practice of law.
2Although strict hourly prepping for trial and trial is probably the most profitable part of the family law attorney’s practice, the efficiencies of producing work and utilizing technology is not lost on clients who are becoming more sophisticated in their selective choice of legal services.
3Our product varies tremendously. If our main product is advice and trial work, it is quite similar to product in past years, and is most likely the most profitable part of a family lawyer’s practice. But if your main product is “paper work,” efficiencies have decreased the costs of production and by extension the cost to our clients.
4How does a specialist justify 2.5 hours to produce a pleading that a document assembly program (such as Hot Docs) can produce in far less time?
5In some jurisdictions such as California, the use of computer programs to calculate support has become so ubiquitous that it is now uncommon for both lawyers and the Judge not to have laptop computers and make simultaneous calculations to check where they come out with the same result.
6Discussed infra, p. 8.
7While most of this “action” is still limited to plaintiff’s side of personal injury cases, where the lawyers have a direct financial interest in getting a case to resolution as efficiently and quickly as possible, the family law attorney cannot ignore these powerful persuasive tools to resolve the parties’ conflict, where most often, the parties are negotiating only the terms of their future relationship, not the termination of same.
8With the ability to receive any deposition on a disk, and the power of deposition search and retrieval software, the days of extensive summarizing of depositions is drawing to a close.
9One will usually want to have a paper copy of the projected image admitted into evidence for record purposes.
10In my own case, following the recommended installation in the manual did not “take”; however, moving a jumper clip on the SCSI controller plug to PNP–“plug and play”–allowed the computer in the new controller board to completely–and correctly–install the new hardware. In layman’s terms this means that after physical installation of the hardware that the machine will still turn on work as it did before the new hardware is installed and secondly, the new hardware is functional. As many of you know, this is quite a feat and WIN 95 does it better than any predecessor.
11Thermal recalibration means that sometimes the hard drive hesitate when sending data and this hesitation may cause a skip in writing a track on the CD, causing a “crash.” A “crashed disk” is a throwaway.
12This is similar to the “scam” by scanner manufacturers–the scanner is equipped with enough software to get you going, but then you are enticed to purchase the upgrade “pro” version of the software to get all of the promised bells and whistles, and, now-that-you-know-that-they-exist, you must have the features. The end result is to add $100-$200 cost to your scanning system or CDR system.
13Most software manufacturers have inserted various copy protection schemes that are effective at keeping piracy down. Make sure that the software engine you choose is not so loaded down with such protection (such as using a “key disk”) that the software is relatively useless.
14Data Decapitation is what backup systems, whether tape backups, CD-ROMs, off site mirroring, or Jaz cartridges, are all intended to prevent. Data Decapitation is similar to the sudden death of a key member of the law practice team.
15Most states are now requiring some kind of approval process for Web pages, as this is viewed as advertising or solicitation of business.
