Well, I probably start with SEO I’m ashamed of.  I’m going to first do a few generic blog posts about how the FDA has “blah blah blah” to say about Samsonex.  I’ll link those pages to a page called Samsonex Lawyer Lawsuit Attorney or something like that – a title that makes no sense but stuffs appropriate keywords.  (Seriously, who looks for “lawyer lawsuit attorney?”)

Then, I’ll create a bunch of BS pages for relevant geographical areas (Dallas, Texas Samsonex Lawyer) and throw up some super-thin content.  Just to get by Google’s filters for duplicate content, I’ll add the addresses of hospitals in the area: (Generic Samsonex blurb followed by, “If you’ve suffered a heart attack while taking Samsonex, you could go to the Dallas General Hospital on 123 Fake Street…)

And that’s basically how one ranks for geographic searches on Google.  The geographic pages have absolutely no useful information on them whatsoever.  They just have enough unique information on them that Google thinks they’re unique.

The algorithm is dumb.  It’s easy to trick.  I may not be able to rank #1 for ABC lawyer, but I can rank #1 for City, State ABC lawyer by spinning content and throwing in links to local hospitals, etc. on the page.  Only trouble is, I’m ashamed to do it.

So my mental scales of justice are currently balancing the shame of bullshitting Google with the reward of dominating the SERPs.  What do I do?  That’s not a good question.

The better question is when will Google get smart enough to know that I’m a lawyer representing people across the country, and I’m just as able to represent someone in Nome, Alaska as I am Houston, Texas?  This isn’t a rhetorical question.  How many years away are we from having a search engine that is smart enough that I don’t need to try and game it?  Five?  Ten?  Never?

Take your bets.

I got an HTC Evo a little over a year ago when they first came out,  That was considered to be an Android super phone up until recently when new models came out.  I never could get the hang of the touch screen typing, so a couple of months ago I ditched the Evo and got a Motorola XPRT.  So I have a little over a year of using devices from Motorola and HTC.  Additionally, my wife has an EVO, and one of my best friends and team members uses a Droid X.  I’m thus familiar with some of the best Android phones from major manufacturers and across both Sprint and Verizon. 

About two months ago, I needed to outfit my team with dedicated work mobile phones so they can always be on call.  (Mass torts never sleep.)  My office manager took advantage of the $49 iPhone 3G special AT&T has.  She surprised me by getting me one, too.  I initially rolled my eyes and scoffed because of my preconceived prejudices of the iPhone.  Less than a month later I gave my iPhone 3G to a new hire and upgraded myself to an iPhone 4.  And even though I’m going to have to pay the full device fee, once it’s out I’m going to ditch my personal XPRT and get the iPhone 5 from Sprint.  (Yes, it’s coming to Sprint.)  What convinced me to switch camps?  Several things:

Build Quality: Every Android device is made primarily out of plastic.  Some plastic feels cheaper than others, but they all feel cheap when compared to the aluminum and glass iPhone 4.  Although the high-end Androids and the iPhone both cost over $400 bucks, only the iPhone feels like it costs that much.  The iPhone 4 always feels nice in my hand, and feels SOLID.  The EVO and the XPRT feel downright cheap next to the iPhone. 

Then there’s the iPhone’s 30-pin connector.  I got an iPod touch a couple years ago and bemoaned the proprietary connector.  Two years later, the cable still snaps in and out perfectly.  Same thing with my iPhone 4 – the cable isn’t loose and doesn’t require any wiggling.  After six months with my EVO and about three with the XPRT, the USB port is a little fiddly.  It still works, but sometimes I have to jiggle the cord to make the connection.  Whether this is because of the cheap plastic bezel of the Android devices being prone to deformation, or whether it is because the 30-pin connector is more secure, I don’t know.  But I know the advantage is to the Apple devices.

Phone Stability: My EVO would randomly reboot about once a month for no reason.  My XPRT reboots itself randomly two or three times a week.  My wife’s EVO reboots about once a week, and my friend’s Droid X reboots once or twice a week.  Sometimes they phones are just sitting on a desk and reboot.  Other times they’re being used to make a voice call or surf the web.  Whatever the reason, these phones just aren’t stable.  And it hasn’t changed with firmware updates to the phones.  In the two months or so that I’ve been using an iPhone, it’s never rebooted itself.  I thought it crashed the other day because Google maps wouldn’t respond anymore.  Turns out the trouble was that I was in the middle of nowhere and had no data connectivity.  So my iPhone’s no-crash streak continues.

App Stability: Speaking of Google maps…. it’s not even usable on my XPRT. Every single time without fail that I try and use it, it will hang and lock the phone for between 30 seconds and two minutes.  It works at first, but a few minutes into the trip, and BANG – it’s locked up.  I can’t even power cycle it without pulling the battery.  Or, I can wait a few minutes and it comes back to its senses like nothing happened.

I kid you not – my XPRT JUST REBOOTED ITSELF THIS VERY MINUTE.  Sitting on the desk next to me, it just rebooted.

App Utility: When I open a Word doc, a PDF, or an Excel spreadsheet on my iPhone, it looks great and works fine.  When I try to open those docs on an Android device, I first have to choose which app to open it with, and then deal with the fact that the formatting doesn’t look as good as on the iPhone.  As cliché as it is, the Apple product “just works” whereas the Android devices make me do a little work to get it right.

Accessories: Go shopping for a case for any Android device you want.  The go shopping for a case for the iPhone.  Not only will the iPhone have ten times as many case options, they will be better made and fit the device better.  I went through two cases for my EVO, and neither of them fit particularly well… including the case made by HTC itself.  I can’t even find a case for the XPRT.  My iPhone 4 case fits perfectly and manages to both weigh less and feel more solid than the HTC case.  Not only are there more cases, but there are tons of cool devices you can connect to your iPhone.  Half the hotels I stay in these days have an iPhone dock that both charges my phone and lets me rock out while I’m working on my laptop.  Pretty much every new car worth buying has a USB port and iPod connectivity.  Yes, I know most of those can control an Android device, too.  But there are far more iPhone compatible accessories than Android accessories.  For example, I just saw a meat thermometer for your iPhone.  Manufacturers these days will try and connect anything electronic to an iPhone.  Is it always useful?  No.  (See: iPhone-compatible meat thermometer.)  But it gives me more options than Android.

Ease of Use:  As a former techie, I always rolled my eyes when people talked about how much easier to use Apple devices are.  I never had a problem figuring out the PC, after all.  But I’m no longer a techie who makes his living with technology.  I’m a busy lawyer whose most precious resource is time.  Things are quicker to use and easier to figure out on the iPhone than on the Androids.  If I save just one minute per workday, that works out to over four hours per year.  That’s an extra half a day of productivity.  (Or fun!)

Touch Keyboard: This is a truly a “your-mileage-may-vary” situation.  I could never type with any accuracy on the stock EVO keyboard.  Swype was great for a while, but then they made some changes to it in December 2010 that rendered it half as useful as it once was.  (Every time I Swyped “that” it gave my “tyte,” for example.)  Nor was I proficient with the standard Android keyboard, or the keyboard on the Droid X.  That’s why I bought the XPRT – for a physical keyboard.  I still prefer the physical keyboard to the iPhone, but the iPhone’s touch-typing algorithm and its auto-correct means I can type far, far faster on it than on any Android device I’ve ever tried.  (And that includes another friend’s Galaxy S phone.)  I’d love a physical keyboard on an iPhone, but if I can’t have that, Apple’s touchscreen typing is the best I’ve found.

OS Releases; Buying an Android phone is a crapshoot with respect to new versions of Android.  You never know if the carrier is going to release a version of the new OS for your phone, and if they do, you don’t know how long it will take.  This is just a case of Google lacking the spine to make the carriers do it.  With Apple, on the other hand, IOS 5 will be compatible with the over two-year-old iPhone 3GS.  Whereas Google is content to let carriers screw customers who bought flagship devices, Apple isn’t content to screw its customers that way.

Battery life: The iPhone gets three times the battery life of my EVO.  I’ve lost 50% of my EVO life in less than four hours before.  I’ve got twelve hours without charging my iPhone and seen the battery still in the 70’s.  My XPRT is close to the iPhone in battery life, but it should be better since it (a) has a huge battery and (b) has a smaller screen.  Android devices are battery hogs, plain and simple.

Downsides: OK, it’s not all sunshine, lollipops, and rainbows with the iPhone.  I always have and always will hate iTunes.  I want to just plug my phone in and copy music over directly, like I can with my Android devices.  That’s my number-one complaint.  I’m also not comfortable with the fact that I can’t install an app on my iPhone unless it’s Apple-approved… but then again, I’ve never seen an app that wasn’t Apple-approved that I’d want to install anyway.  While I’m philosophically opposed to dictatorships, Apple is a pretty benevolent dictator and I’m enjoying the benefits.  I also use a lot of Google applications, and with the exceptions of Google maps, they all work a little better on Android than on the iPhone.  Android’s implementation of Widgets and Shortcuts is much nicer.  (I love having a quick-dial button for my friends and family members I call most often.)

Conclusion: Android really let me down.  I love the “little robot” mascot, and I’m a big fan of Google in general.  But Apple clearly has the better product at this point.  Maybe Google’s new purchase of Motorola will lead to some new phones that are  well built (that means metal, not plastic) and stable.  Or if not both well-built AND stable, at least one.  Android is younger than IOS, so it still has some catching up to do.  We’ll see if they can…

Earlier today, Google announced June 15 as launch date for Chromebook, which will initially be available from Acer and Samsung with 11.6-inch or 12.1-inch displays, respectively. Prices start at $349, for notebooks with Intel Atom dual-core processors and limited local storage, running Chrome OS. But there is another acquisition option — a monthly subscription for business and education markets. School price is $20/month per student and for businesses the aforementioned $28/month per user. The subscription price requires businesses to make a 3-year commitment. Microsoft volume-licensing customers typically also license software for three years, although a 2-year option is available.

Source: Microsoft could lose billions in sales to Google’s Chromebook | Companies News – Betanews

Although there’s much speculation that this will put a serious dent in Microsoft’s core business, I’m skeptical.  And I’m downright sure that Chromebooks won’t displace Microsoft from law offices.  Here are three reasons why:

1: Google Docs is NOT Microsoft Office.  Sure, if all you’re doing is taking notes, writing letters, or the most mundane drafting duties, Docs will do it for you.  But try writing an appellate brief with Tables of Contents, Tables of Authorities, footnotes, special font & spacing requirements, and all of the other quirks that courts require.  The time savings that Word (or WordPerfect) offer here will more than offset any cost savings from not paying a licensing fee.

2: Law firm paranoia will prevent mass cloud adoption.  The Chromebook model apparently requires everyone to store their documents in the cloud.  I won’t do that, and neither will most law firms for a variety of reasons.  First, some firms fear that storing data in the cloud will (a) waive privilege, or (b) will be a target for hackers.  Second, lawyers want to have access to their electronic files even if there is no Internet connectivity.  Third, law firms sometimes store EXTREMELY sensitive information that they don’t want to risk being turned over because someone served a subpoena on Google. 

3:  Google’s support won’t be good enough. Imagine that it’s the Sunday before a trial starts, and Larry (or Lisa) the Litigator is preparing an opening statement.  Larry’s computer crashes and he needs to recover his PowerPoint.  Do you think Larry is going to want to (a) call a 1-800 number and patiently wait for Google to help him, or (b) call the firm’s IT manager in and demand he or she fix the problem NOW?  As a guy who used to do IT support for law firms, I can assure you it’s the latter.  Because deadlines are so critical in the practice of law, lawyers cannot and will not tolerate anything but the most efficient form of tech support they can find.  And the most efficient form is an in-house IT department.  If your firm has an in-house IT department, one of the biggest Chromebook selling points (free support) becomes irrelevant.

I’ll probably pick up a Chromebook to play with, but rest assured I won’t be running my law firm with it.

When we’re prepping for the conference, we do really detailed prep calls with all our speakers. This time around, I’ve found myself explaining how I want everyone’s decks to be a bit more like Rand’s. It occurred to me that this wasn’t particularly actionable and so I wanted to put together some of the things I’ve been trying to integrate into my own presentation style in the hope that it’ll serve as a good guide for others.

Of course, what’s missing from this list is any of the “behind the scenes” methodologies Rand uses to capture and refine ideas – hopefully he’ll drop some of those in the comments.

Source: How to Create Presentations Like Rand | SEOmoz

Admittedly, tip #5 (use a cute robot) is probably not going to work for most closing arguments.  However, instead of arguing with a mascot to prove a point, you could always engage in a mock argument with an opposing witness.

Of all of the tips in the article, the very best is the last one – practice and know which slides come next.  I always spend a TON of time on my presentations to make sure I don’t botch the order or otherwise make myself look like an ass in front of a crowd.

If you have been considering contacting a Topamax lawyer or a Zoloft lawyer, feel free to e-mail me at justinian@justinian.us.  I’d be happy to evaluate your potential case as well.

Let’s say that on February 3rd, I receive a pdf file of a motion for summary judgment from XYZ Corp, and the response is due on March 3rd.  I would name the file as follows:

02-03-2011 – XYZ Corp Motion for Summary Judgment – Due 03-03-2011.pdf

If I authored a response on March 1st, it would be named as follows:

03-01-2011 – Response to XYZ Corp 02-03-2011 MSJ.

If I served the document on March 2nd, it would be renamed to

03-01-2011 – Response to XYZ Corp 02-03-2011 MSJ – Served 03-02-2011.

If I had exhibits to the response, they would be named like this:

03-01-2011 – Exhibit A to Response to XYZ Corp 02-03-2011 MSJ.

I like my system for several reasons.  First, by putting the date as the very first thing in the file name, every folder will automatically be in chronological order in Windows Explorer.  (By default, Windows sorts in alphabetical/numerical order.)

Second, by putting the date a document is received and its due date in any files I receive from opposing counsel, I quickly know the most crucial things I need to know about any specific document.  By putting the date I serve any documents in the file names of documents I create, I can easily tell if I’ve served something.

When I serve something, I take a signed copy of it, scan it in, and save it in the same folder.  That way I have the Word document that I created it in, and an actual copy of what was really sent out.  I name the scanned PDF the same thing as the original file name, except the extension ends in PDF instead of .doc.

If you’ve got an idea for a better naming convention, let me know. 

Microsoft User Research would like the feedback from legal professionals in the Seattle area who have experience with eDiscovery and the early stages of the Electronic Discovery Reference Model (EDRM). Your insight and experiences would be invaluable in helping decide which new prototype features are included in the next generation of Microsoft Office.

This study will be 90-minutes long on the Microsoft campus in Redmond, and can be chosen between Tuesday, February 22 and Friday, February 25. And for your time and participation, we’ll be able to offer you a choice of Microsoft hardware, software or games, ranging in value from $49 to $999. 

Source: Microsoft User Research: Experience with eDiscovery?

My hope is that they make it easy enough to do that many of the eDiscovery ripoff artists are put out of business.

Are these hypercool iPad apps ready for prime time? At this point, perhaps for a very small and manageable matter, they could have a place for someone who likes toys and is willing to take the risks associated with them. They are both fun apps to work with, and I would be willing to bet that both will improve with time. I would also be willing to bet that the pricing disparity will level out — as it did several years ago between Sanction and TrialDirector. Note to my past and future clients: I will not be using my iPad in trial (unless of course you insist).

Source: Two iPad Apps Make Their Cases for Trial

Check out the article to see what the applications can and can’t do.

Apparently, Google thinks someone out there might need a payday loan so they can buy bakelite asbestos from Russian girls giving hand jobs. 

Come on.

Look, I know that some spammers are pretty sophisticated and hire real people to write bogus content to fool the search engines.  But this is blatantly spam by any definition.  The excerpt shows that the page is nothing more than random words thrown on a page.  What makes matters worse is that while this is #31 on Google, #34 is a very lengthy deposition of a corporate representative of Union Carbide. 

The corporate representative was designated as the person “with the most knowledge of Union Carbide’s historical knowledge of the potential dangers of asbestos exposure.”  This link is incredibly useful and should be in the top three results for a search of Union Carbide and asbestos, yet it is outranked by a spam site.  Bing at least manages to place this link as #13.

If Google doesn’t get their spam act together, Bing or some other search engine will have a chance to gain even more market share from Google.  I can’t help but wonder how many spam sites would simply disappear if Google didn’t allow them to make money from Google ads on the sites.  But that’s a topic for a different day.