Wednesday, June 27, 2012

The Florida Supreme Court Amended the Rules - E-Mail goes into effect September 1, 2012

Attached please find links to new Florida Supreme Court opinions. The first opinion makes email service of documents MANDATORY starting September 1, 2012, in most divisions, including the Civil division. A later phase in applies to Traffic, Criminal and Juvenile proceedings.  Service is complete upon emailing the documents! THREE days are added to proscribed time periods once emailed, rather than the previous 5 days for mailing. The 88 page opinion of the court deserves a full reading as many rules have been amended.  

The second Florida Supreme Court link below discusses  and orders the implementation of e-filing all documents effective April 1, 2013, in all divisions except Criminal, Traffic and Juvenile proceedings, which again have a later phase in period.  


Read mandatory e-mail here.
Read e-mail implementation here.

Thursday, June 21, 2012

Supreme Court Rules on E-mail "Certificate of Service"

Special thanks to Fort Lauderdale Paralegal Linda Franz for keeping us updated. 

Effective July 1st and pursuant to the Florida Supreme Court decision dated today (6/21/12) there are new rules concerning service of documents on another party.  According to the new rule (2.516), all documents required or permitted to be served on another party must  be served by e-mail.  Upon appearing in a proceeding a lawyer must designate a primary e-mail address, and may designate up to two secondary e-mail addresses for receiving service. Thereafter, service on the lawyer must be made by e-mail.  

Friday, June 15, 2012

IS E-MAIL BECOMING OBSOLETE? ATO Bans E-Mails

It seems so. 

Ato.  One of the largest information technology companies in the world is to ban e-mails – because it says 90 per cent of them are a waste of time.

The extraordinary measure was announced by Atos, which employs almost 80,000 people in 42 countries including Britain.

It believes that too many of them waste hours dealing with irrelevant e-mails, so wants them phased out within 18 months.

Instead they want people to spend more time talking to each other – either on the phone or in person – and to use tightly controlled ‘real time’ messaging interfaces.

Thierry Breton, Atos’s 56-year-old chief executive officer who is a former French finance minister, said the ‘zero e-mail’ policy could be in place within a year-and-a-half.

‘It is not right that some of our fellow employees spend hours in the evening dealing with their e-mails,’ said Mr Breton.

 Claiming that only 20 out of every 200 emails received by his staff every day turn out to be important, Mr Breton said: ‘The e-mail is no longer the appropriate tool. It is time to think differently.
 ‘The deluge of information will be one of the most important problems a company will have to face,’ said Mr Breton.

He said the main problem was people switching to a 'useless' email while they were carrying out a far more important task.

Allowing e-mails to stack up also means that staff have huge e-mail workloads to pile through when they get home.

Mr Breton pointed to a recent study by the business watchdog ORSE, which reads: ‘Reading useless messages is terrible for concentration, as it takes 64 seconds to get back on the ball after doing so. Poorly controlled, the e-mail can become a devastating tool.’

Mr Breton suggested that a real time messaging interface as available on sites like Facebook would be far preferable to email, with staff also encouraged to talk to each other in person.

‘Companies must prepare for the new wave of usage and behaviour,’ he said, adding that he always preferred proper conversations.

‘If people want to talk to me, they can come and visit me, call or send me a text message,’ said Mr Breton. ‘Emails cannot replace the spoken word.’

In another article from The Bunker:

March 28, 2012 by vancemarriner

It wasn’t all that long ago at all – maybe 10 or 12 years – that you couldn’t assume with any certainty that a person had access to e-mail.  The medium was still fairly new and not everyone had adopted it yet. With that in mind, it is a testament to how fast technology moves that we can now seriously pose the question of whether e-mail has already become obsolete.

Some research that was published early last year suggests that it’s heading that way, at least among younger people. It appears that text messaging and social media are supplanting e-mail as the electronic communications of choice among teens and other age groups as well.

Anecdotally, we in The Bunker have observed this trend at work. For example, when we do focus group recruits, we give people an option of receiving an e-mail reminder or a text message reminder (or both) prior to the groups. For a focus group project we did this month, we recruited 32 participants, all age 25 or older. Out of the 32 recruits, 18 opted for a text reminder, and only five requested e-mail.

All five of the people who opted for e-mail were 30 or older.

Admittedly, that’s a very small sample size, but it was still dramatic enough. In light of the information I had already read about people migrating from e-mail to text messaging, I decided to explore the issue further. I posed the question to some coworkers, friends and people in my social media networks (most of whom are 30 or older) and they overwhelmingly said that text messaging, and to a lesser degree social networks like Facebook, had reduced the amount to which they and/or their family members used e-mail. A few parents of teenagers ruefully reported that their kids would barely respond to any message unless it was in text form. Several people said that they check their e-mail accounts less frequently than they used to and now viewed e-mail as reserved for business or more formal communications, and used texting or Facebook messaging for quick, informal messages. Most agreed that response time to a text message tended to be much quicker  than for an e-mail. Of the few that still clung to e-mail, discomfort with typing on a small smart phone keypad was cited as a reason for not texting more.

Again, that’s all anecdotal information, but when the message is that consistent and it is in line with formal research findings, it’s impossible to ignore. The implications of this trend for marketing and market research are profound. Any researchers who are using online surveys with e-mail invites, considering the value of mobile platforms for surveys, collecting panel member data or recruiting for qualitative studies need to think about how the technology adoption of texting at the expense of e-mail can affect the age (and possibly other) demographic characteristics of their survey respondents and qualitative  research participants.


Saturday, June 9, 2012

Can you spell "greed" "d-e-w-e-y"? Masque of the Red Dewey: Prestigious Firms Plagued by the Economic Shifts They Have Ignored

One of the most interesting insights in this blog, is that the indication that larger firms are offering lower fees to clients for software induced legal advice, while pocketing millions in savings by cutting employees.  So the biggest losers appear to be clients and any employee below the level of senior partner.   That is just my opinion, but read on and decide for yourself.

Some panicked, others rationalized. Above the Law has an entertaining survey of the blame game: lavish guarantees, lack of business, legal market crash and my personal favorite, the East Egg (the pedigreed prestigious pre-merger Dewey plagued by debt) v. West Egg (The scrappy and flashy pre-merger LeBouef that knew how to make green).
IRSGrimReaperA growing segment of the legal industry is acknowledging that they are not immune, that strains of Dewey exist in their own firms. This is how I’m now invited to speak to the the same types of people who thought I was highly eccentric in 2009 when I began warning that the Reaper would come for BigLaw, too, and encouraged them to keep their workforces flexible with per diem attorneys and other flexible work arrangements.
Now, I’ve found that one slide makes law firm conference rooms pause. It contains two tales of horror: (1) Axiom Law’s recent growth — $1M in 2002, $80M in 2011 and on track to make $120M in 2012 and (2) the growing list of similar models that take the trained associates and increasingly Fortune 100 clients of AmLaw Top 50-200 firms. In return for lower legal bills, clients accept a software-based infrastructure and BigLaw alums sometimes working with them on site in place of high-rent offices. Pedigreed attorneys accept comfortable six-figure salaries and 40-hour workweeks in lieu of 80+ hour workweeks, higher salaries and partner potential.
After cross-examination from the room, there is another pause and you can see the silent reactions. “Is this death such a bad thing?” “This is an unfair attack on the belief system I have worshipped and sacrificed for my entire career!” “A mere alarmist, yawn.”
Alternative legal models are not likely to address all large clients’ needs, nor are they the face behind the Reaper’s masque. But their revenues make a statement. The legal climate is changing without the blessings of the legal elite. Even the firms once so sure in their stature and ability to survive the harshest conditions must evolve or die. Whether from client leverage to demand increasingly lower rates, or storied firms declaring bankruptcy under the weight of a dry legal market and lavish guaranteed compensation to partners, to businesses that quickly rotate through executives who are more persuaded by increased profits per share in the next quarter than relationships, the traditional law firm model is dead. And neither I, nor alternative legal models, killed it.


Julia Claire Shapiro co-founded Hire an Esquire, which enables law firms and legal departments to locate, manage and pay contract and per diem attorneys and local counsel with ease online. She also acts as a research analyst and subject matter expert for the legal service industry clients of a national consulting firm. In addition to practicing law and consulting, she has taught legal research and writing as an adjunct in Temple University Beasley School of Law’s International LL.M. Program.
Read more go to: 

Masque of the Red Dewey: Prestigious Firms Plagued by the Economic Shifts They Have Ignored

Friday, June 8, 2012

Broward Sheriff Al Lamberti spoke at the South Broward Bar Association about Human Trafficing

Reporter D.S. Burch accurately reflects this massive problem in South Florida.

For up to 16 hours daily, they worked at posh country clubs across South Florida, then returned to deceptively quiet houses in Boca Raton where they were captives -- and in the most dreadful cases, fed rotten chicken and vegetables, forced to drink muriatic acid and repeatedly denied medical help.
The 39 servers, lured to the United States by the cliché of a decent dollar and a promising next chapter, instead became imported modern-day slaves two continents away from their homeland. Their story repeats in plain sight most every day in South Florida: barely paid -- or unpaid -- people forced to toil in fields, work as domestics in hotels and restaurants or in the sex industry, an out-sized regional problem authorities are emphasizing in January, Human Trafficking Awareness Month.
``This is organized crime where humans are used as products. We are talking about selling a person over and over and making large sums of money,'' says Carmen Pino, U.S. Immigration and Customs Enforcement Homeland Security Investigations Assistant Special Agent in Charge. ``What people need to realize is that human trafficking is happening here, it's a big problem. It could be happening in the restaurant where you eat, at your nail salon, in your neighborhood. It's not just something that happens in foreign countries.''
While difficult to pluck the numbers from a landscape of silence and fear, federal, state and local authorities know South Florida is among the nation's three top capitals of human trafficking, a $36 billion industry defined as the recruitment and harboring of a person for labor or services through force, fraud or coercion.
South Florida's mix of cosmopolitan lifestyles, rural landscapes and tourism makes it a natural entry point for human traffickers. To fight the rising statistics and heighten awareness, a coalition of law enforcement and government agencies formed the South Florida Human Trafficking Task Force in 2008, charged with monitoring a wide swath of the state, from Key West to Fort Pierce.
That year, ICE initiated 432 investigations resulting in 126 convictions on human trafficking charges. In 2009, the number of investigations jumped to 566 and 165 convictions.
The task force also partners with social-service agencies and churches for outreach and to help rescued victims find housing and build new, legitimate lives in America.
ICE gives temporary legal immigration status -- called Continued Presence, typically for one year -- to victims of trafficking. They can receive work permits and other benefits and eventually can apply for a visa. In 2009, ICE authorized 447 CP requests and extensions.
Audra D.S. Burch | The Miami Herald

Read more here: http://www.mcclatchydc.com/2011/01/24/107283/human-trafficking-may-be-widespread.html#storylink=cpy

Wednesday, June 6, 2012

June 2012 Paralegal Superstar - Paralegal Gateway

June 2012: Belinda Martinez

Belinda Martinez received her Paralegal Certificate from Florida International University in 1991 and earned the designation CLA/CP in 2005, passing a two day examination administered by the National Association of Legal Assistants.  In 2008, Ms. Martinez further earned the Advanced Paralegal Certification in Trial Practice administered by the National Association of Legal Assistants. Ms. Martinez has been a Florida Registered Paralegal member of The Florida Bar since 2008.
In 2010, Ms. Martinez was appointed the Paralegal Liaison to the South Broward Bar Association, In 2011, Ms. Martinez was awarded the South Broward Bar Association’s President’s Award by Anita Paoli who stated:
“It was very hard to single out just one person this year.  There is a tremendous amount of time spent behind the scenes of which the rest of the membership may not be aware.  The SBBA has no full-time staff and relies on voluntary contributions of time from its members who are already overloaded with work in their chosen profession.  The President’s Award is being given tonight to someone who worked on every event and program and helped the SBBA and my job as President this past year.  She initiated a campaign to welcome paralegals to our organization.  She’s a valued paralegal at Becker & Poliakoff.”
In addition to Ms. Martinez’ contributions to the South Broward Bar Association, she is the Inaugural Chair of the Broward County Bar Association’s Paralegal Section, Florida’s second largest voluntary bar organization, and serves as a Non-Lawyer Member on The Florida Bar’s Unlicensed Practice of Law Committee.
Aside from her commitment to the legal community, Ms. Martinez enjoys riding her Harley-Davidson motorcycle and attending charity rides, benefiting children.  You can contact Ms. Martinez at browardbarparalegal@gmail.com.
Memberships:
2010-Present:           Broward County Bar Association
2010–Present:          Association of E-Discovery Specialists
2009-Present:           South Broward Bar Association.
2008-Present:           The Florida Bar Registered Paralegal Section
2007-present:            Miami-Dade Association of Legal Support Specialists


http://paralegalgateway.com/2012/06/05/june-2012-belinda-martinez/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ParalegalgatewaysWeblog+(ParalegalGateway's+Weblog

Join Broward County Bar Association's Paralegal Section

Paralegal Section



Belinda Martinez,
Paralegal Section Chair

Paralegals/Legal Assistants who join the Broward County Bar Association not only strengthen their connections and network possibilities, but also raise their firm’s professional profile.
Paralegals/Legal Assistants further benefit by serving on a committee. The Broward County Bar Association has a variety of committees and sections that would appeal to a Paralegal/Legal Assistant:  Alternate Dispute Resolution, Appellate Practice, Bankruptcy Law, Commercial Law, Construction Law, Corporate Counsel, Criminal Law, Education Law, Elder Law, Employment and Labor Law, Family Law, Government Law, Immigration Law, Intellectual Property Law, Probate & Trust Law, Real Property, Solo & Small Firm, Tax Law, Trial Lawyers, West Area Section, Workers Compensation, and more.
The Broward County Bar Association also offers a wide variety of continuing education opportunities as well as offers networking opportunities.


http://www.browardbar.org/paralegal.htm

Is the Internet Running Out of Room?

The problem is that the current Internet addressing system, IPv4, only has room for about 4 billion addresses -- not nearly enough for the world's people, let alone the devices that are online today and those that will be in the future: computers, phones, TVs, watches, fridges, cars, and so on. More than 4 billion devices already share addresses. As IPv4 runs out of free addresses, everyone will need to share. How are we making space to grow?

Clearly the internet needs more IP addresses. How many more, exactly? Well, how about 340 trillion trillion trillion (or, 340,000,000,000,000,000,000,000,000,000,000,000,000)? That's how many addresses the internet's new "piping," IPv6, can handle. That's a number big enough to give everyone on Earth their own list of billions of IP addresses. Big enough, in other words, to offer the Internet virtually infinite room to grow, from now into the foreseeable future.
When is the transition happening?

Google believes IPv6 is essential to the continued health and growth of the Internet and that by allowing all devices to talk to each other directly, IPv6 enables new innovative services. Replacing the Internet's plumbing will take some time, but the transition has begun. World IPv6 Launch on June 6, 2012, marks the start of a coordinated rollout by major websites and Internet service and equipment providers.

You do not need to do anything to prepare, but if you're interested in learning more and supporting IPv6, check out http://www.google.com/intl/en/ipv6/

Think E-Discovery is just about law. Think again. The internet is running out of space. Yes. Clearly the internet needs more IP addresses. How many more, exactly? Well, how about 340 trillion trillion trillion (or, 340,000,000,000,000,000,000,000,000,000,000,000,000)?

Just as phones use a system of phone numbers in order to place calls, every Internet-connected device gets a unique number known as an "IP address" that connects it to the global online network.
The problem is that the current Internet addressing system, IPv4, only has room for about 4 billion addresses -- not nearly enough for the world's people, let alone the devices that are online today and those that will be in the future: computers, phones, TVs, watches, fridges, cars, and so on. More than 4 billion devices already share addresses. As IPv4 runs out of free addresses, everyone will need to share. - Google.  click on the link below to learn more.


Google IPv6

Monday, June 4, 2012

You missed out on the June 8, 2012 E-Discovery Event? You can still attend the June 6, 2012 Event

South Broward Bar Association June 7, 2012 Luncheon Speaker Sheriff Al Lamberti

Featured speaker for June luncheon


Broward Sheriff Al Lamberti

Sheriff Al Lamberti is a 34-year veteran of the Broward Sheriff's Office.
He began his career in the Department of Detention.  After transferring to road patrol, Sheriff Lamberti worked his way through the ranks, eventually serving as a captain in the Organized Crime Division.  He then assumed his position as District Chief in Deerfield Beach in January 1990.
After his promotion to Major, Sheriff Lamberti served as Interim Police Chief for the City of Hollywood and North Lauderdale.  Soon after, he served as Director of the Training and Organizational Development Division where he oversaw the Center for Advanced Criminal Justice Studies Executive Leadership Program, as well as all day-to-day training functions.
When Sheriff Lamberti returned to the Department of Law Enforcement, he assumed command of the South Patrol Region, which includes Port Everglades and Fort Lauderdale/Hollywood International Airport post-September 11th.
A graduate 167th Session of the of the F.B.I. National Academy, Sheriff Lamberti served as President of the Florida Chapter of the F.B.I National Academy Associates in 2004. He served as President of the Broward Sheriff's FOP Lodge #32 from 1984 - 1985.  Additionally, he was the Chairman of the Regional Coordinating Team of the Florida Violent Crime and Drug Control Council for the Southeast Region from 1999 to 2007.  In early 2009, Sheriff Lamberti was named chairman of the Region 7 Gang Reduction Task Force by the Attorney General.
Married to Holly for 18 years, he has one son, Nicholas, and two step-children, Jaime and David.
In September 2007, Sheriff Lamberti was appointed Broward Sheriff by Governor Charlie Crist.  In November 2008, he was elected by the citizens of Broward County to serve as Sheriff for an additional four years.
 

Topic:
Crime and crime trends in Broward County and the South Florida Region and what is being done to keep our communites safe.

Friday, June 1, 2012

SOLD OUT in 2 days - E-Discovery for Paralegals and Legal Assistants

Hopefully, we can convince our presenters to do an encore in the future. 
E-Discovry Conflict
Karen Chamberlain and Robert Friedman, owners of Litigation Services, Legal Learning Series, LCC will speak about the Electronic Discovery Reference Model (EDRM) . The EDRM was created to develop guidelines and standards for E-Discovery consumers and providers, EDRM has helped E-Discovery consumers and providers reduce the cost, time and manual work associated with e-discovery.

Damon Goduto, JD , from Iris Data, a national E-Discovery company. will discuss Technology Assisted Review (TAR).  TAR is a marketing term used in the  E-Discovery community to describe the process of automatic classification of documents (predictive coding) in a legal review. Similar documents are classified based on  specific terms and or phrases. Typical classifications include  "confidential ",  "privileged ", or  "responsive ".   In a recent groundbreaking case, Da Silva Moore v. Publicis Groupe et al. , Judge  Andrew Peck, ordered the parties to adopt a protocol for  E-Discovery that includes the use of predictive coding.  Ruling in this landmark case propels the use of predictive coding towards the mainstream.