UPDATES IN MICHIGAN FAMILY LAW

Scott Bassett Reviews MS Office on iPad

There are many apps that let you open and edit Microsoft Office (Word, Excel, and PowerPoint) files on an iPad.  I use Documents to Go Premium mostly because I have been using a version of this app since I carried a Palm OS device in the 90's, but there are several other choices.  As handy as they are, these apps do not provide the entire Office feature set.  For example, I often use PowerPoint files with embedded audio or video or complex transitions when I teach at CLE seminars or law schools.  For the most part, those advanced features are lost when I open a PowerPoint file in one of the many iPad apps that allow you to open, create, and edit basic Office files.  Also, key features in Word such as the all-important Tracked Changes don't work with most iPad apps that claim MS Office file compatibility.  What if you want (need?) to use your iPad as full-featured tool to create and edit Office files?

Free PDF Creator

Thanks to Elizabeth Sadowski, Oakland County, Michigan family lawyer for this neat tip! She has provided the URL for download of a free PDF creator. But this PDF creator has some very special features. The Nitro PDF Creator, among other things, does the following:

Creates the ideal PDF

Choose from predfined creation profiles — Web-ready, Office-ready, or Print-ready — or choose your precise settings. The PDF creation is integrated with Windows in a drag-an-drop feature, so it converts files faster into PDF documents and does it straight from any folder.

Scott Bassett Reviews & Recommends iPad and Apps for Mobility

I've had my iPad 2 since July of 2011.  My first trip with it was to the Family Law Section's Summer Conference on Mackinac Island.  It is a great travel device.  I also use it regularly in my appellate practice to read and annotate trial transcripts and the rest of the trial court file (scanned to PDF, of course).  I've tried several PDF annotation apps such as PDF iAnnotate, but lately have been using Notability for that purpose.  Documents to Go Premium handles viewing and editing MS Office documents.  I use SugarSync to transfer and sync my case documents from my PC to my iPad.  It works very well and I've never found the 16 GB storage (mine is the cheapest iPad 2 model) to be a limitation.  Lately I've been leaving paper behind when I fly up for appeal arguments and just sync the case file, including briefs, to the iPad.

Parents Break Age Rule to Help Kids Join Facebook

An article in today's Detroit Free Press points out that even though Facebook has a requirement that  users must be at least thirteen, 55% of parents of 12-year-olds report that their child has a Facebook account. The overwhelming majority of those parents, about 82%, knew when their underage child signed up, and 76% helped create the account. Two concerns occur to me.

One, are these parents knowledgeable enough about computer and image security to keep their children safe from predators? See an earlier blog post, “What's a ‘geotag?’ | To protect yourself and your family, you want to know.” Photos posted on a Facebook page, if not stripped of geotags can give online predators access to your family’s home address, putting everyone at risk.

Leon Walker Case: Unauthorized Access of Email is a Felony

On December 27, in an unpublished decision, 2011 the Michigan Court of Appeals decided a case involving Leon Walker's unauthorized access of his wife Clara Walker's password-protected email account. Leon Walker does (or did) work for the Oakland County Information Technology Department maintaining and setting up computers. Following the preliminary hearing, the district court bound Leon over on two charges, one a violation of MCL 752.795, which prohibits fraudulent access to computers, computer systems, computer programs, and computer networks.
The district court found that Clara did not share her computer password with defendant, and defendant did not ask Clara for her information. The trial court said: “Gmail allows a user to create a password which creates an expectation of privacy and creates security for the user. It’s the user that decides who can have access to the information inside of the computer account, which in this case is like a vault.”

iPad vs. Kindle Fire? Scott Bassett Reviews & Recommends

Today's guest blogger is Michigan family law appellate lawyer Scott Bassett. Scott has many talents, including bass-playing in a jazz band and he is the consummate techie. In fact, I never purchase hardware or software til I have checked with Scott. Scott consults with law firms through Affinity Consulting and writes a blog for them. Today Scott reviews iPad vs Kindle Fire. He says:

"iTablet computers can be useful productivity devices for lawyers - if the hardware and software are up to the task.  From my use of a Kindle Fire over the last week to read and annotate transcripts for an appeal, do legal research, manage email, and edit documents, I must conclude that it isn't up to the task. 

Facebook & Dating Websites: Judge Orders Couple to Exchange Passwords

In what may become a controversial decision, a Connecticut judge has ordered lawyers representing a divorcing couple to exchange passwords to their clients’ Facebook and dating websites.

As reported in the Forbes blog The Not-So Private Parts, Judge Kenneth Schluger ordered the password exchange in the divorce of Stephen and Courtney Gallion. The judge's September 30 order states that the exchange should be carried out by the lawyers, and neither spouse may post messages purporting to be the other.

Stephen Gallion is asking for full custody of the parties' children. He believes, according to his  lawyer, Gary Traystman, that the social networking accounts will provide evidence about Courtney Gallion’s ability to take care of their children.

Impact of Social Media on a Divorce Case

Tomorrow, September 13, 2011, the ABA Litigation Section is sponsoring a Webinar about use of social media in divorce cases. From the promotional material? “More and more, divorce attorneys are using social media to dig up dirt on their clients, even before hiring a private investigator.  Are you familiar enough with social media to represent your client best?”

This program will provide not only a general overview of the use of social media in a divorce case, but will also highlight:

•     current case law trends regarding gathering evidence through the use of social media;
•     evidentiary burdens; and
•     the forensic components behind social media.

ABA Members and non-members may register. In fact, if you cannot attend tomorrow, you can order the program on a CD. For more details see:

The Impact of Social Media on a Divorce Case: Big Brother Is Watching   [A thought: It's probably not "Big Brother" watching . . . it's Husband or Wife watching.

Wi-Fi Users Threatened by New Hacking Tools

How often do you sit in a local coffee shop or at an airport or at the local courthouse and access free (or not free) Wi-Fi on your laptop or smartphone? No worries? The New York Times reports on February 16, 2011 that anyone using Wi-Fi in public places should be worried not just about highly skilled government intelligence agents and nerdy teenage hackers wherever hacking into your computer. According to the NY Times, some simple software allows almost anyone sitting next to you in a public Wi-Fi spot watch you browse the Web and even assume your identity online.

ABA | CLE on Cloud Computing

Cloud computing is one of the hottest trends in legal technology. Rather than installing and running software on your local computer, your software and data is hosted by a third party and made available over the Internet. While this new approach to cloud computing offers many benefits, lawyers in particular need to be aware of security and privacy related "best practices" prior to entrusting confidential client data to "the cloud."

Google Voice | Features

I'm learning more about Google Voice every day, especially as I anticipate attending the Family Law Section's Winter Conference in Antigua in February. My cellular service is provided by Verizon and I don't want to change because my cell phone coverage is so excellent in my home / office location. However, I cannot get Verizon cellular service in Antigua. Exploring options for long-distance calling (and preparing my presentation for the conference--focusing on some of the tools in "Jeanne's Toolbox"), I reviewed Google Voice again. My interest had been piqued earlier when I learned about recording cell phone calls with Google Voice. With Google Voice, I can make long distance calls for $0.14/minute!

But Google Voice has much, much more to offer.

Twitter, LinkedIn, Facebook | Hype or not?

The latest ABA Journal talks about use of social media for lawyers. The journal says that there’s a growing consensus that it is overhyped, arguing that no credible ways to measure return on investment are available and that no data exists showing that social media has the capacity to create business or that the number of followers you have on Twitter or friends on FaceBook means that you are increasing your earning potential.

Facebook | May lawyers ethically "friend" to gather information?

I've earlier written about whether it is ethical for family lawyers to tell their clients to delete or to change their Facebook or My Space pages to avoid damaging information coming into the hands of an about-to-be ex-spouse or opposing counsel. Today I address a separate issue: May a family lawyer use deception or have a paralegal or other third party use deception to "friend" an opposing party or potential witness (a "best friend," a daycare provider, etc.) to gain access to social media pages that are "private" and available only to "friends?"

ABA journal article | Law firm websites

On October 6th, I wrote about the new ABA ethics opinion concerning website content, disclaimers and the potential effect of communication with website visitors. October's ABA Journal contains an excellent article about Formal Opinion 10-457.

Written by Peter Geraghty, the director of ETHICSearch, the ABA Journal article discusses the Formal Opinion in more detail, especially with respect to which ethics rules apply to content (you know the drill--fair comment that is not misleading).

Facebook & MySpace | Is it ethical for lawyers tell clients to change, delete?

Richard Gould-Saltman, of the Gould-Saltman Law Offices in Los Angeles, California raised some thought-provoking questions on the ABA Family Law Listserv the other day. He asked:

• Are custody litigants/divorce litigants barred, in states with strong spoliation statutes, from changing any publically accessible aspect of their lives?
• Are they only barred from doing so once opposing counsel has sent some sort of "notice to preserve"?
• If this is the law, is it anything like a good policy? 
• If litigants, particularly custody litigants, realize that they're presenting to the world, and to their children, some image of themselves which, in 20-20 retrospect, is less than stellar, do we want to not only discourage them from fixing it, but punish them, legally, for doing so?
• By analogy, if I learn that my client, before I got involved in the case, routinely went to publically visible custodial exchanges with his ex-wife, wearing a t-shirt which said "Slap the Bitch Up!", am I not allowed to tell him once he's hired me, to stop doing so ?

Apple to offer iPhone on Verizon

Everyone I know has an iPhone. I resisted because I like the coverage I have on Verizon. My son David, who lives just north of Chicago, has an iPhone and really terrible service with AT&T. Since I live in the country, I thought I would stick with what works for me. So I bought a Blackberry. Months ago. I finally charged it. Weeks ago. Too busy to deal with it . . .

And the NY Times today published an article stating that iPhone is going to offer access to Verizon. Well nuts. I can start over.The New York Times article is here.

Lawyers should use care in email with website inquiries

The ABA says: "Websites have become a common means by which lawyers communicate with the public. Lawyers must not include misleading information on websites, must be mindful of the expectations created by the website, and must carefully manage inquiries invited through the website. Websites that invite inquiries may create a prospective client-lawyer relationship under Rule 1.18. Lawyers who respond to website-initiated inquiries about legal services should consider the possibility that Rule 1.18 may apply."

FBI & Facebook | Privacy concerns?

Family law lawyers are always concerned about the evidence obtained from social networking sites negatively impacting their clients' custody and parenting time cases. Greater concerns loom, not only for divorced and divorcing families, but for all people using these sites. The Justice Department released a presentation entitled "Obtaining and Using Evidence from Social Networking Sites." The slides, which were prepared by two lawyers from the agency's Computer Crime and Intellectual Property Section, detail several social media companies' data retention practices and responses to law enforcement requests. The presentation notes that Facebook was “often cooperative with emergency requests” while complaining about Twitter’s short data retention policies and refusal to preserve data without legal process. The presentation also touches on use of social media for undercover operations. The document says evidence from social networking sites can:

Free online calculator | Multi-function

Here's a link to an online calculator -- free, and nothing to download. There are many useful functions. Thanks to Elizabeth Sadowski for bringing this to my attention.

• Investment Calculators for calculating the rate of return, the amount of interest, present value
• Loan Calculators for calculating the amount of the payments and/or balloon payment, amount of down payment, interest rates, etc.
• Personal Finance Calculators for calculating the cost of an afforable house or car, length of time to pay off a loan
• Retirement Calculators for calculating how much do you have to save to reach your goal
• Schedules - What were your principal and interest payments this year?

Moffsoft Free calculators

Droid v iPhone - A lawyer's & consumer's choice

What did we ever do before cell phones? Nowadays, they are almost an extension of our hands. I have a new Blackberry something . . . still sitting in the box it arrived in 3 or 4 months ago. I guess I am not motivated as much as my more techie family lawyer friends. But I've been watching. Blackberry or iPhone? Who has what? Do they like it? Does it do for them what they want? Much more important than that is whether they can get a signal. There is a huge hue and cry about signal/connection problems with iPhones tied to AT&T service only.

Here's a link to an informative American Bar Association Journal article "Droid v iPhone: New mobile devices give Blackberry a run for lawyers' money." While you are on my blog, check out the other valuable tools in "Jeanne's Toolbox."

Should your lawfirm upgrade to Windows 7?

In the January 2010 issue of the ABA Journal, Dennis Kennedy addresses the question whether law firms should upgrade their computers to Windows 7. After all of the criticism of Vista and the startup problems with Windows XP, you will likely find this article interesting. It's titled Lucky No 7?

PC Magazine's article Who Should Upgrade to Windows 7 -- and Who Shouldn't has more technical information.

Had I read Scott Bassett's blog post PCLaw Announces Windows 7 Compatibility and realized that I would have to upgrade my PCLaw . . . I guess I would still have done it. I also had to upgrade other software related to my scanner. So the upgrade turned out to be much more expensive than I thought. But then I've never been one to stay current on upgrades.

I am not sorry. I love Windows 7, now that I am becoming more familiar with using it. In many ways, it will be a time-saver.

Social Websites becoming new tool for lawyers seeking information

Lawyers USA featured an article in late June about the types of information that can be found in social networking sites, such as Twitter, Facebook, LinkedIn.  The article correctly states that these sites have opened up a potential treasure trove of legal evidence, especially in divorce cases where a person’s whereabouts, “friends” and employment status are often relevant.