Corante

CONTRIBUTORS

Denise Howell Denise Howell
( Profile | Archive )

Dennis M. Kennedy Dennis M. Kennedy
( Profile | Archive )

Tom Mighell Tom Mighell
( Profile | Archive )

Marty Schwimmer Marty Schwimmer
( Profile | Archive )

Ernest Svenson Ernest Svenson
( Profile | Archive )

Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
About this blog
Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.

Between Lawyers

Monthly Archives

March 30, 2006

Behind the Scenes at Between Lawyers: Discussing Intellectual Property Run Amok

Email This Entry

Posted by Dennis M. Kennedy

Denise posted a "blink" the other day on the article called "Intellectual Property Run Amok" in Mother Jones.

In one of our occasional posts on what goes on behind the scenes at Between Lawyers in which we open the door on how lawyers really discuss legal issues of the day, here's the very learned discussion that ensued:

Dennis (note that Dennis did not realize that Denise had already posted on this topic):"Here's an interesting list on IP extremes [from Mother Jones mag], but when you read the blurb about John Cage below, it makes you wonder whether Marty might have been the lawyer in the case."
The blurb: "FOR INCLUDING a 60-second piece of silence on their album, the Planets were threatened with a lawsuit by the estate of composer John Cage, which said they’d ripped off his silent work 4’33”. The Planets countered that the estate failed to specify which 60 of the 273 seconds in Cage’s piece had been pilfered."
Marty: "I've never heard one of Cage's actual pieces. Are they 'dead air' or is the point that you hear the ambient noises (musicians sitting quietly)?"
Dennis: "Well, 4'33" is an anomalous work in Cage's canon - an intellectual witticism and a response of sorts to critics who thought his music was so darn weird. The answer to your question on the piece is, therefore, "yes." The intention of the silence would be to force you to reconsider what music, sound, silence and performance really are - a riff on Magritte's "Ceci n'est pas une Pipe" painting. It's kind of one trick pony, though, because you can only do something like that once. In its context, then, the lawyer's response to the lawsuit is the perfect artistic response and, in my mind, perhaps the artistic zenith of the legal profession in the last however many hundreds of years. Another contemporary analogy, of course, would be Lou Reed's Metal Machine Music. Excuse me, while I go crank that up and meditate on these artistic thoughts. Just my two cents."
Marty: "I guess my question really was, how did Cage's lawyers know that it was Cage's silence at all? Agreed that it is a truly great response."
Denise: (who noticed that neither Dennis nor Marty had been aware of her post on the topic) "Given that I blogged the Mother Jones List on BL, PLEASE blog at least some of the delightful context set forth in these emails there as well. (And don't be callin' ME no one trick pony, because there obviously are no limits to how many times I can persuasively urge you/all to "blog it.")"


Comments (2) + TrackBacks (0) | Category: BL Behind the Scenes | Copyright | Humor

March 29, 2006

March 27, 2006

March 26, 2006

FeedFlare for Blawgs

Email This Entry

Posted by Dennis M. Kennedy

Jake Parrillo got my attention today with his post "Blawggers Getting Their Due." And not just by mentioning the Between Lawyers blog and several of our individual blogs.

What interested me were his comments on the possible uses of FeedBurner's new FeedFlare tool in connection with blawgs.

Jake says:

Brad Feld got all of us thinking about 'blawg'-focused FeedFlare.

Brad's idea was to add a Flare that would 'add a disclaimer' on each post that would be a small 'bio' link that would list the firm where the blawger is an attorney. That's a great start, but I'm sure there's bound to be more ideas. What about adding a Flare that would link back to the lawyer's latest publication?

The FeedFlare page suggests some other ideas as well.

Take a look and give it some thought. Let's collect and share ideas in the comments section for this post and we can get back to Jake with some good ideas. I agree with him that this idea has a lot of potential, especially if Rick Klau is involved.


Technorati tags:

Comments (1) + TrackBacks (0) | Category: Blawgs | RSS | Web 2.0

March 24, 2006

Jim Maule on Laptop Computers in Law School Classes

Email This Entry

Posted by Dennis M. Kennedy

Professor Jim Maule at the Mauled Again blog continues to make me wish that I could have taken a class with him. That might be the highest compliment I can give a law professor blog.

There's been a recent brouhaha in legal education after a law professor banned the use of laptop computers in her classes. It should surprise no one to find that I think this action is preposterous.

However, Professor Maule, in his post called "To Allow Laptops or Not to Allow Laptops: That is the Question," offers a thorough analysis of the issue that most people will find much more convincing that me just saying "Preposterous!"

The money quote:

One goal of legal education is to teach future lawyers that professionals need to be responsible. Teaching law students to be responsible requires more than denying them the opportunity to be irresponsible. It requires guiding them around the tempting distractions. If law faculty become too controlling, how are the students going to fend for themselves after graduation when the faculty isn’t there to control things for them?

The snarky ones out there might say, "Taking away laptops in law school will prepare students to work in those law firms that are busily trying to take laptops away from lawyers and have them only work on desktop computers." Some might think that I would be one of the snarky ones, but that's probably not the case.

Professor Maule, however, is a welcome voice of reason in this discussion. Highly recommended.

Let's discuss.

Comments (0) + TrackBacks (0) | Category: Legal Education

March 23, 2006

March 22, 2006

March 21, 2006

Blog Law Articles, Summit

Email This Entry

Posted by Denise Howell

In The Shifting Legal Landscape Of Blogginig, Jennifer Peterson discusses some interesting points concerning blogging and defamation law:

For now, it is likely that the traditional defamation standards, including the private/public figure distinction, will continue to apply to defamation cases involving blogs. The very accessibility of blogs, however, may lead courts to reevaluate defamation law standards.

[Via Ian Best] She also looks at the protections afforded by Section 230 of the Communications Decency Act, and I agree with her that "the policies underlying Congress's enactment of the law may encourage courts to extend the provisions immunity to bloggers." (Context; more context.) Also by Jennifer, a more condensed piece on the same themes: Blogs Raise Thorny Legal Issues.

Jennifer recently joined Ann Althouse and others for the Inaugural WisPolitics/WisOpinion Blog Summit. [Via WisBlawg's Bonnie Shucha] An abundance of related bloggage is available (and here's more, honing in just on posts mentioning Jennifer).

[Update]: This musty Bag and Baggage post is also on point, Are You A "Public Figure?" "Can the day be far off when a blogger will attempt to answer libel allegations . . . by pointing to the subject's Daypop and Blogdex numbers?" (Or the like; Technorati's just a baby you know, albeit a mighty precocious one.)

Comments (0) + TrackBacks (0) | Category: Blawgs | Blogging Legal Developments

March 20, 2006

You Decide: Legal Technology as Innovation or "Corruption of Legal System"?

Email This Entry

Posted by Dennis M. Kennedy

Consider this use of technology in the practice of law:

Imagine that you can have an Internet communications feed between a lawyer in a courtroom, arbitration hearing or deposition and other lawyers, outside experts and/or client representatives who receive a live feed from the proceedings. Those outside the proceedings can use instant messaging or other techniques to assist the lawyer at the proceedings in much the same way they might if they were physically present.

I saw this kind of technology demoed live at the ABA TECHSHOW in 1998. I thought that it was a great way to improve the representation of your client and offered some significant benefits for training and supervising lawyers, savings on travel costs, and the like.

Move the clock forward eight years.

The Detroit News has a story called "High-tech snooping corrupts legal system: Attorneys in legal case transmit private arbitration hearing to off-site consultants," in which there are scathing denunciations of what seems to me to be exactly the same use of technology.

As I understand the story, there does not seem to be a question about whether the outside consultant could not be in the arbitration hearing, although there is a lot of discussion about whether this use of technology should be disclosed to the other side. There is not a lot of discussion about whether this approach afford a client better representation.

Here's my question: Am I missing something here if I am thinking that this is an innovative use of technology (even though the tech has been around for awhile) rather than a "corruption of the legal system"? I'm willing to learn where I'm wrong, but I like this use of technology.

What do you think?

Comments (6) + TrackBacks (0) | Category: Legal Technology | Provocations

Survey Says: Good Sense Prevails For Personal+Professional Bloggers

Email This Entry

Posted by Denise Howell

Many, maybe most, weblogs involve some combination of personal and professional material. In recognition of this fact, and in an effort to understand how people are striking this balance in the real world, BlogHer recently conducted a survey and gave a presentation at SXSW, entitled "We Got Naked, Now What? Blogging Naked at Work." From the panel description: "Can you open your kimono in one blog post, and wear a button-down shirt in another?"

Lisa Stone live-blogged the panel, moderator Elisa Camahort gives this rundown of the survey results, and The Washington Post has this postscript. Among other things, the survey found the majority of the respondents "draw distinct boundaries between public and private information," and (perhaps accordingly?) "83 percent of professional bloggers who responded to BlogHer’s survey indicated that they had never received negative feedback to the personal opinions, feelings and experiences included on their business blogs." The survey also showed the respondents, whether they self-identified as more "personal" or "professional" bloggers, shared a tendency to exercise judgment and discretion as to subject matter:

The top subjects that were considered not suitable for business blogging include romantic/sexual feelings (84 percent), salary/income (77 percent), religious/spiritual beliefs (63 percent), and sexual orientation (57 percent). Surprisingly, the personal bloggers were also likely to consider salary/income (68 percent) and romantic/sexual feelings (50 percent) off-limits. In addition, personal bloggers showed reluctance to discuss feelings about events at work (54 percent).

No surprises there to me; you?

Comments (4) + TrackBacks (0) | Category: Blawgs | Blogging Policies | Ethics and Technology | Ethics, Decorum and Manners | Law Practice Management

March 17, 2006

March 16, 2006

Corporate Blogging and the OODA Loop

Email This Entry

Posted by Dennis M. Kennedy

Via John Robb:

Jesper Bindslev's post "Strategic Agility and Corporate Blogging - The OODA loop as a model for organizing corporate blogging activities" is an important contribution to the discussion of corporate blogs and employee blogging.

The post may be a little bit of hard sledding for those not familiar with John Boyd's notion of the OODA Loop, but the patient reader will be well rewarded.

The money quote:


Internal blogging combined with external blogging, rss aggregators and social tagging are all important tools which enable the team to organize information efficiently to insure that the data is activated and distributed to the right people at the right time. From this angle blogging helps companies cope with challenges like complex environments, gathering and activation of information and efficient, up-to-date decision-making for various team efforts. As such blogging can efficiently help organization on one of the contemporary top-priori[ty] business imperatives: corporate agility.

Something to think about for companies thinking about slapping on draconian employee blogging policies.


Technorati tags:

Comments (0) + TrackBacks (0) | Category: Blogging Policies

March 15, 2006

March 14, 2006

Employee Blogging In the Northwest Indiana Times

Email This Entry

Posted by Denise Howell

There's an intelligent if somewhat limited piece on employee blogging in the Northwest Indiana Times: Employees need to be careful if they blog. Missing from the article: anything concerning business blogging or blogging on the company nickel. Present in the article: a good quote from Charles Krugel: "With blogging, there is this idea about the Wild West and it being a renegade form of communication . . . But it's just another form of electronic communication."

Comments (0) + TrackBacks (0) | Category: Blogging Policies

March 13, 2006

March 10, 2006

Another Reason to Move Away from Hourly Billing?

Email This Entry

Posted by Dennis M. Kennedy

Here's a provocative topic for a Friday afternoon from a fascinating article in today's ABA Journal eReport. Terry Carter's "No Time for a Round-up" covers a recent Kansas case where a court censured a lawyer for, among other things, rounding 45 minute blocks of time to one hour.

The article then goes into detail about what might and might not be permitted in the rounding of time to the nearest billing increment. Read it yourself. I'll simply note that some of the examples referred to specific questionable practices that looked suspicious on their faces.

The most interesting comments are from a law professor who suggests than ANY rounding should be prohibited. In other words, time entries would become 5 minutes, 24 seconds, rather than .1 hour. The technology, she suggests, is available to do this. This might give new meaning to "being on the clock." Before long, embedding chips directly into lawyers' brains might make timekeeping even more accurate.

You might want to read this article right before you read Ron Baker's recent comments about lawyers as knowledge workers.

This might also be a good place to plug my recent white paper on improving time capture for lawyers, a topic which might have become much more interesting to lawyers, especially those in Kansas.

If this article makes you think about alternative billing models, Tom Mighell and I wrote a couple of columns about resources on this topic here and here.


Technorati tags: law practice

Comments (0) + TrackBacks (1) | Category: Law Is A Business | Practice of Law | Provocations

ABC, 123, IT Considers The Value Of UGC

Email This Entry

Posted by Denise Howell

I think it was in the March 3 edition of The Gillmor Gang that Steve Gillmor had some characteristically blunt and insightful commentary about the reluctance of corporate IT departments to embrace new technologies that are compelling but disruptive of the existing infrastructure. This can be both frustrating for users and counterproductive from a business standpoint. Against this backdrop I was interested to read Paul Chin's article in Intranet Journal, The Value of User Generated Content, Part 1. [Via Genie Tyburski] Part 1 puts the issue of things like blogs, wikis, and discussion groups (discussion groups? less relevant at the moment than podcasts, I would think) in a corporate IT person's context, comparing these media forms to the "engineered content" (apt phrase) that heretofore has populated intranets. Part 2 (still to come) will examine how "[i]n order to find a happy middle ground when using UGC, and not to appear overly controlling, a formal set of content posting guidelines should be agreed upon by both the intranet owners and users." (Emphasis mine.)

So, it seems that IT departments may be beginning to come to terms with "UGC" and its inevitability as part of the corporate environment. As to the important related policy decisions, though, I certainly hope the norm will be for these to be the ultimate province of other parts of the organization.

Comments (0) + TrackBacks (0) | Category: Blogging Policies | Law Is A Business | Law Practice Management | Legal Technology | Technology

March 8, 2006

Blogging Strategies From Texas To Tel Aviv

Email This Entry

Posted by Denise Howell

Alan Weinkrantz will be giving a corporate blogging strategies seminar in Tel Aviv, Israel on April 4. On the agenda, per the press release: "How to start a blogging initiative. What are the elements of a successful blog? What types of blogs should companies consider creating? What steps should companies take to set up a blog? What guidelines should companies have for bloggers? Establishing corporate blogging policies...," and generally how businesses can best use blogs "as a way to develop closer ties to all of their publics."

Also interesting in light of current news stories and discussion is this from the press release:

'A comprehensive blog communications strategy includes targeting specific blogs with relevant information and keeping a close eye on what influential bloggers are saying about one's business, brand, products, competitors or industry issues,' added Rakefet Sudri, sales and marketing manager of PR Newswire Israel. 'PR Newswire has been assisting our customers in targeting and monitoring blogs for some time now. ...'

Comments (0) + TrackBacks (0) | Category: Blogging Policies | Ethics and Technology | Ethics, Decorum and Manners

March 7, 2006

Data about Metadata

Email This Entry

Posted by Tom Mighell

Has this whole metadata thing got you down? Does the recent Florida opinion have you wondering which way to turn when it comes to the data that's hidden in your documents? Well, it has Ben Cowgill thinking, too, and he has assembled a fantastic collection of resources to help you Make Sense of Metadata -- the links include introductory material, ethical considerations (including links to relevant state opinions), metadata in litigation, and practical advice. Great set of links there.

Comments (0) + TrackBacks (0) | Category: Ethics and Technology

March 6, 2006

Blogs: Least Risky Of All?

Email This Entry

Posted by Denise Howell

If you've been following our posts concerning business blogging issues and blogging policies, or if you've just been paying attention to mainstream reporting over the last year or so, you know there has been a good deal of handwringing (some media prompted, some lawyer prompted, some both) about the unique or remarkable legal perils that weblogs and other Web-oriented communication tools supposedly pose for businesses. It was clear to me at last week's New Communications Forum that this meme has had an impact. Even in that very blog-friendly environment, concerns and uncertainties about the legal risks of wholly or partly unfiltered employee communications with the outside world were much in evidence.

Something interesting occurred to me along these lines in the course of being interviewed by Debbie Weil for her podcast. Specifically, of all the various communication tools available to employees, whether while on the job or off the job or both, blogging may actually be the least risky and most innocuous from a corporate risk management standpoint. Consider first that people commonly assume phone, email, cocktail party, and/or hallway discussions are invisible, transitory, and/or confidential. Any one of those situations is thus fairly likely to involve remarks that the speaker, rightly or wrongly, does not expect to come back to haunt them in a public way. Then consider the extent to which public blogs, podcasts, and similar tools are conceptually different from the get-go. The accessible nature of the information put out by these means is part of of the compact. Except in the limited case of behind-the-firewall blogging or podcasting, people using these tools are much more likely to comprehend that a broad audience is possible (usually, desired), and to tailor their communications accordingly.

Remember our posts about brochures, telephones, golf, and public speaking?

Unlike a great deal of the reporting I read about the dangers and pitfalls of blogging, I have a hard time isolating any primary legal problems that inevitably go along with employees using communication tools of any sort. Instead, the potential problems are a direct product of the extent to which clear expectations have been set, and the extent to which a particular employee is oblivious or doesn't care. Though there are a host of situations whereby an employee's blog, podcast, photo, or video clip could conceivably subject an employer to third party liability — inadvertent disclosure of confidential or regulated information; harassment, discrimination, or other civil rights violations; false advertising or other unfair competition concerns; and much more — not only are none of them unique to online communications, but it seems to me those using such methods would be almost certain to appreciate that what they're doing is not "private."

Picture a world in which it was a newsworthy event every time someone was fired due to something said in an email or a hallway. Or every time company secrets were clandestinely or inadvertently shared over the phone or over drinks. You'd never hear about the dangers and pitfalls of blogging, because it would constitute such a small part of the overall "problem." (And we could all get back to concentrating on what's really important.)

Comments (3) + TrackBacks (2) | Category: Blawgs | Blogging Legal Developments | Blogging Policies | Ethics, Decorum and Manners | Leaks | Podcasting | Technology

Announcing SHAPE BLOG

Email This Entry

Posted by Marty Schwimmer

vangoghchair.jpg

This is to announce Shape Blog, a joint venture of the IP law blogs ReThink (IP), the TTABlog, and the Trademark Blog.

The Shape Blog has two subjects.

The first subject is an 'inter-disciplinary' analysis of the protection of design and three-dimensional objects. Practitioners experienced in trademark, trade dress, copyright and patent law will provide news and commentary on the legal treatment of design and any object that incorporates design.

The second subject will be 'personal fabrication.' The creation of Shape Blog was inspired by the book 'Fab' by Professor Neal Gershenfeld To over-simplify:-just as the dropping prices and widespread dissemination of computing power led to the personal computing revolution, dropping prices and dissemination of CAD/CAM techniques will lead to a personal fabrication revolution, where the average home will have the ability to 'fabricate' exact replicas of three-dimensional objects (replacement parts, artworks, furniture) according to software instructions, perhaps downloaded from the Internet.

We will therefore be tracking not only advances in IP protection but advances in the technologies that may lead to a personal fabrication industry (such as desktop prototyping).

In short, we will be discussing the opportunities and dangers that arise for design when you can email an Eames Chair.

Comments (0) + TrackBacks (0) | Category: Blawgs

March 3, 2006

Law Practice Today: The TECHSHOW Edition

Email This Entry

Posted by Tom Mighell

The March issue of Law Practice Today is out, and it's devoted to one of my favorite events, ABA TECHSHOW (and no, it's not just because I'm on the planning board). For those of you who aren't familiar with TECHSHOW, it's a 2-1/2 day technology conference for legal professionals -- it features over 50 educational sessions on technology issues ranging from electronic discovery to disaster recovery, Internet research to advanced IT. In this month's issue of Law Practice Today there are some TECHSHOW-specific articles as well as articles with the type of high-level content that you'll find at TECHSHOW. Of the articles featured this month, I'll highlight a few:

-- Dan Pinnington's How to Make the Most of ABA TECHSHOW is a great overview of the conference, and how you can extract the maximum technological goodness from it;
-- Want to learn more about some of the featured speakers before you go? Many of them are also bloggers, and in my article ABA TECHSHOW Bloggers you not only get to meet some of them, you can also find out the topics on which they are speaking; and
-- If you're still not sure your boss will approve a trip to TECHSHOW, check out Tips to Get Management to Approve Attending Your Next Professional Conference by Bob Weiss.

Something else you can mention to your boss is that if you register for ABA TECHSHOW by March 10, you'll save $200 off the regular registration ($300 if you're a Law Practice Management Section member).

Okay, enough of the sales pitch. Check out Law Practice Today and see what all the fuss is about.

Comments (0) + TrackBacks (0) | Category: Legal Technology

March 2, 2006

Best Corporate Blogging Tips vs. Corporate Blogging Policies

Email This Entry

Posted by Dennis M. Kennedy

From Scout comes a good list of "10 Tips for Becoming a Great Corporate Blogger."

Interestingly, it must not have been written by a lawyer caught up in the latest blog policy marketing fad - not one of the ten tips talks about implementing a draconian "standard" blogging policy. Food for thought.

Comments (0) + TrackBacks (0) | Category: Blogging Policies

March 1, 2006

Lawyer X on Ernie's Move to Solo Practice

Email This Entry

Posted by Lawyer X

Lawyer X here again.

I know that I'm only an honorary member of the Between Lawyers group, but I can no longer sit idly by waiting until the rest of them, including Ernie, get around to posting about Ernie's big announcement.

As the proverbial ""fly on the wall" to the Between Lawyers conversations, I can tell you that these bloggers definitely leave their best material on their back-channel email discussion list and this topic is no exception. On the other hand, they could be secret agents the way they kept Ernie's announcement secret from the public over the last few weeks.

Once again, I see them having a lot of conversations that just do not make it to the blog, but by the time they decide who is going to announce Ernie's move to solo practice and what that post should say, it will be 2007. Since I'm more the impatient and impulsive type, I finally decided that I had to jump in and make a post. Ernie's so darn modest that he'll never get around to posting this news.

Now that I have the podium again, though, I'll make a few remarks based on my observations as a mostly-slient member of the back-channel email list. It's fascinating what I see.

On the Between Lawyers back-channel list, someone will raise a topic in an email and ask whether it's something they "might" blog about. Then the following happens:

Denise seems to always reply: "Blog it!" Five minutes later, she'll send another email saying that she's already blogged about it, giving it some context, some appropriate links and one of her clever titles. It seems like she's saying "blog it!" as an assignment to herself.

Dennis seems to always say that he had already been thinking about blogging about the topic and expects to post something about it "soon." Then, any time between later that day and two weeks later, the topic will surface in paragraph twelve of a post that initially seems to be on a completely different topic, but you gradually realize puts the topic in a larger context and draws some practical lessons.

Ernie seems to always want to "mull over" what he might say about the topic. Like Dennis, he might or might not write about the topic, but, if he does, he ends up treating the topic in a thoughtful, philosophical way, making a larger point about the topic and its larger implications.

Marty seems to always fire back two or three responses that are either hilarious or perfect for posting to the blog. He also often seem to mention that there are already decided cases on the topic. He insists that he needs to polish his responses and find a suitable picture before he can turn his remarks into a blog post. He then finds something that the Bush administration has done that day that incenses him and he forgets to make the post.

Tom seems to always give the caveat that "he's just a litigator who is not as familiar with the topic as the rest of you." He then offers a concise, spot-on summary of the issue and may post about it and add several perfectly-chosen links to resources that will help people learn more about it.

It's a fascinating interplay to watch. I've often felt that a law school that cared about its students would be smart to swoop in and hire all five of these people, give them tenure and turn them loose to teach students. That's probably why I'm not in charge of hiring professors at a law school.

It's a pleasure to get to look in on what they do, but I do wish that they wouldn't leave so much good material on the cutting room floor.

On behalf of the whole group at Between Lawyers, including Lawyer X, congratulations and bon voyage to Ernie on his new adventure. And, you might want to update that bio in the left-hand column over there, Ernie.

Comments (1) + TrackBacks (0) | Category: BL News | Practice of Law