& emerging technology and issues regarding technology
Come one, come all. The first issue of Circuits — the famous e-Journal of the Computer & Technology Section — has hit the electronic press. This issue has five full-fledged articles. The Short Circuits section has two more (mini) articles of practical interest. You can download the issue here.
Enjoy
Dear Colleagues:
The past two years have been an unprecedented time for the adoption of technology by lawyers. From the use of Zoom and other video communication tools by courts, businesses, and individuals to the importance of disaster recovery planning, since the onset of the COVID-19 pandemic the practice of law demands a new level of competence in technology for attorneys to meet their duties under Texas Rules of Professional Conduct 1.01 cmt para 8.
Start the new year with a better practice by joining the Computer and Technology Section for our 5th Annual Technology and Justice for All CLE webinar, and earn up to 4.75 hours MCLE credit, including 1.75 hours of ethics credit.
This seminar will be presented by law and technology experts bringing perspectives from a diverse range of practices including cyber law, litigation, government, in-house counsel, and IP. This program will be archived and available for replay for the next 30 days, until March 13, on the CTS Section website. BUT YOU MUST REGISTER AND PAY NOW to take advantage of the archived presentations.
Use the links below to register and view the program agenda.
Friday, February 11, 2022
9 a.m. to 2:15 p.m. CST
Registration
Section members: $75
Non-section members: $100
Legal Aid Providers/Justice Incubators: FREE
Up to 4.75 hours of MCLE credit, including 1.75 hours ethics
Join the Computer and Technology Section for $25 here and receive the section member price of $75!
From using software for automation and efficiency, to privacy and free speech in a digital world, to reaching and ethically representing clients when businesses and individuals are embracing a remote-friendly, on-demand economy and workplace, this course will advance your legal technology skills to make a tech-forward 2022 work for you and your firm. Attendees will learn:
Attend live streaming via Zoom on Friday, February 11 and ask presenters questions live via chat OR watch on-demand at your convenience for 30 days after.
A great value: Registrants for this seminar can earn up to 4.75 hours of MCLE credit, including 1.75 hours of ethics credit. It is only $75 for Section members, and $100 for others, including one year of free Computer and Technology Section membership.
Supporting Access to Justice: Registration is FREE for Legal Aid Providers or Justice Incubators.
Register now! Click HERE to register. Whether you’re a digital native or the PEBKAC, this CLE course will leave you better equipped for 2022.
We hope you will be able to join us!
Sincerely,
Elizabeth Rogers, Chair
Computer and Technology Section
State Bar of Texas
It’s Pi day. 3.14.21. Pi is neverending and this year, ABA TechShow 2021 was as well. Pi has been my favorite number once a year for as long as I can 
remember, just like TechShow, there are somewhere between 6 and 8 pieces in a pie. Before you challenge me, as it’s early in this post, remember, others have done blog posts just on this subject. Who Knew?
In the last 6-8 days, what’s happened. For me, after a week in a Zoom Jury trial (think virtual shit-show over long hours trying not to screw up), it was out of the fat and into the ABA TechShow fryer, attempting to play catchup on regular case work and simultaneously manage 5 days (normally TS was 2 and ½ days in person) of 18 tracks by 115 different speakers, with some overlapping programming and a massive amount of legal tech differentiation.
I was able to hit about 16 sessions, some only part time, but the level of talent was high again this year. I did mostly choose in order of preference and based on interest + speaker choice. I was incredibly and awesomely surprised by some of the cool solo presentations by Stanley Tate and Regina Edwards.
Embedded into the mix was the philosophic and forward thinking preso by sponsors, Clio’s Jack Newton and Fastcase’s Ed Walters, who touted the telling stats such as –
* ‘56% of lawyers answered our phone calls,’ * 39% of calls went to voicemail,’ * 57% didn’t return calls within 72 hours,’
Thus providing more evidence that we, as a profession has not fully adapted to what Jack calls the “client centered law firm,” placing the onus on us to move in the direction of what the client wants and needs.
Ed talked about the three horizons of movie rentals and how disruption has previously caused innovation with companies such as Blockbuster and then how Netflix, itself caused the disruption by destroying it’s own 
business model and innovating towards streaming, with Jack following with the Stat that it is now a 20 billion dollar business where previously in its heyday, it was only a 4 billion dollar industry. This proved prescient in the age of Covid where movie studios and theatres saw there new live releases effectively drop to ‘close to zero’ over the last year.
Citing William Gibson, Ed goes on to posulate that “The Future is already here. It’s just not evenly distributed.”
Keynote ‘artist’ (I’ll call her that since she is so impressive painting a picture with such an accurate brush), Renée DiResta, a 2019 Mozilla Fellow in Media, Misinformation, and Trust and Technical Research Manager at the Stanford Internet Observatory, tackled the topic of “Mitigating Misinformation” across the internet and following the tracking of information about things like bots such as Sockpuppets (those that create misinformation), Amplifier Bots (those that retweet or amplify a message), and Approval bots (those that seek to gain ‘likes,’ which then get a message to critical mass which then pushes it even further.
She differentiated between misinformation (those who may be inadvertently wrong) and disinformation (those intentionally wrong), and touched on the reality of “Unintended Consequences” that, according to the data, that Russian bots were far less likely to spread disinformation in the 2020 election (as compared to the 2016 election); and that, despite the failure of laws to address the issue, giving way to the technology platforms responses to quash it, that Domestic Ideologues spread vastly more disinformation in this last cycle.
She then raised the question of how moderation should be applied towards conspiratorial actors who act like state actors, talking about routine pathways of how this information spreads to examples of now-famous takedowns.
She then provided examples of how the categories of disinformation have spread from initially undermining confidence in election legitimacy to health information to companies and business, concluding that moderation, coming in three forms (remove/reduce/inform) often is not effective and that we are now in a challenge-place where we must balance freedom of expression with information integrity and identified several ‘emergent fronts,’ where this was starting to take shape and discussing ‘tradeoffs’ rooted in our now-existence.
The big brain talks are just one aspect of why legal tech CLE is part and parcel of the bigger picture, applicable to all, regardless of the practice area, and such a great instigator, impetus, and disruptor in our ever-questing legal lives. “We should all be so fortunate.”
miu
ABA TechShow: Day One review
By Mitchell Zoll and Mark I. Unger –
Mark and Mitch, Council-Members with the State Bar of Texas Computer and Technology Section, sat down (virtually) for a quick chat about Day One of the ABA TechShow. They miss the engagement, personal connection, and even happy hours normally associated with TechShow and tried to recreate the feeling with a sad dance break before they talked.
Mark: Hi Mitch, what are you up to this week?
Mitch: Well Mark, as you might expect, I’m chasing the TechShow Tiger with you again this year.
Mark: Well Mitch, I hate to tell you but for the first time in history, this year is Virtual so there is no free breakfast.
Mitch: The breakfast was never free, but the price was always worth it. I met legal tech leaders at the coffee bar and learned so much during the informal morning hours. I am still hoping to recreate that experience this year, but it is tough. In previous TechShows, the conference organizers used an impressive app to enhance the conference experience. The schedule was dynamic, and you could see class overlaps, session tracks, and even where other attendees might be if you are looking to meet up.
The previously used app has gone online, holding a lot of the features that the conference planners knew to put in our hands. The online schedule lets attendees walk through various learning tracks, plan the classes they want to attend, and acts as a virtual “lobby” where you can find up-to-date information.
Mark: Yes. l loved the Apps for conferences, and we used one of the first ones used by TechShow for the State Bar of Texas Annual Meeting years ago. There are always some shortcomings, but the online version seems a little ‘sandboxish.’ To integrate with my schedule, it requires several clicks to download to my calendar and then open and assign it. Fortunately, the materials are a more easily accessible download.
Mitch: Agreed. It took a few clicks to realize I could add the sessions to my outlook calendar. Unfortunately, like many lawyers in an “online” conference, I am trying to stay engaged with the real world between sessions. Blocking the time on my calendar lets me also add in client calls and client emails. It dilutes from the TechShow experience, but it lets me be two places at once… from my chair.
Mark: From where I’m sitting Mitch, we’ve got a pretty good view.
Mitch: Mark, you are a TechShow veteran. What sessions did you pick and what did you enjoy about the presentations?
Mark: Every year, there is some of the same, usually, it’s core stuff that I forget so fast that the repetitive nature of it is invaluable. I’ve often said I sleep slow and that my brain leaks. It’s fantastic to be able to fill up again somewhat each year and this goes for my other yearly staple — State Bar of Texas’ Advanced Family Law seminar in the summer.
This year there were 18 tracks with an additional emphasis being placed on ‘well-being’ and ‘demo’ tracks, which are essentially what used to be vendor lunch n learn topics to sell their wares. The tracks are – Core Concepts, Cybersecurity; Disruptive Innovation, Well-Being, Micro Demo (Vendor presentations), Ethics, Diversity, Collaboration, Marketing, Virtual/Remote, Future Proof, Leadership, Industry, Next20, Business Plan, Automation, Lessons Learned, and Litigation.
Mitch: The tracks were helpful, but I planned my day by selecting the specific presenter or topic. The first session we attended was Collaborating: What is the Best Tool? (and is that the right question) presented by John E. Grant and Kenton Brice. It was a great lead off-topic as the speakers reframed their subject to move away from a feature-list shoot-out and more to the questions that we, as lawyers, need to ask ourselves before we start trying to choose technology. Not to miss the point of TechShow, they ultimately provided the session with a double-secret tip for choosing the right platform. Lucky for you, Mark and I met with John and Kenton and they gave us permission to share the tip with you in our recent interview.
Mark: I’m right there with you Mitch. I have known these two cats for 
several years now and as you astutely mentioned, while they addressed the Slack v. MS Teams choices they went off-script to delve into the esoteric, an exercise that shows their big intellects but also their focus on Teaching (Bryce) and Coaching/Consulting (Grant).
Grant is known as the ‘Agile Attorney’ (He likes to say, “Kanban is my jam,’) Brice is likewise focused on process improvement and it made for a great presentation. They touched on things like the bottlenecks in the legal office process, (i.e., If you can improve flow at bottlenecked stages, like client homework, you will improve the flow in all). They also talked about handoffs of casework. Grant referenced three types of handoffs that are killing your productivity–
His point worth noting, that it is not about handing things off more quickly but reducing the total number of handoffs (i.e., requiring people to hold the baton until they’ve done the most they can do, not the least they can do). I have found this particularly true in document construction and drafting.
Mark: What was next up?
Mitch: TechShow provides high-level thinking about technology as well as opportunities for deep dives into specific products. The second session we attended was Wrapping Your Mind Around Microsoft Teams presented by Ben Schorr and Josh Leporati. The session was more of a working session on how to use Teams and explored tips lawyers might use in their day-to-day practice.
Mark: Again, as we seem to approach these things similarly, I was in this session as well. I remember getting ready to present one year on Creating documents on iPad. The session was slated for 2:00 p.m. At noon, Microsoft held a press conference and launched Word for iPad, now a part of their suite that allowed us, iPad users, to do (almost) everything we needed to do but from iPad. Microsoft has for the last five years simply destroyed the business model and made enormous inroads into ‘legal’ beyond Word on a desktop. They telegraphed this 6 or 7 years ago at the ILTA convention and simply have not let up. Ironically, I think we are back where we were 7-10 years ago when the big players were attempting to sandbox us into their word (and other) processing software. This was before the switch to a subscription model for software. Well, here we are again, and since that time, MS has not only launched Surface tablets to compete with Apple’s innovative touchscreen tech but owns the basic editable document assembly space.
My long story-short point is that Ben Schorr is an old-school veteran of TechShow and through his drill-down knowledge of MS systems (he went from law to consulting to now being with Microsoft), his two tracks on Day one “Wrapping your head around MS Teams” and my favorite “Secrets of MS Office 365” was invaluable.
Mitch: Ben is one of the reasons I love attending TechShow. You have experts in their field presenting on the apps that we use every day. Ben and others only had 30 minutes, but then went to a breakout session where they answered specific questions from attendees. If you have the time, you will get answers to questions you didn’t even know you had (ironically a topic for later in the week!)
The third session I attended was Adobe Acrobat DC: Exploring the Newest Features. Dan Siegal, presenter and author, provided a step-by-step walkthrough of Adobe in the ways that lawyers use the application. The tip per second count was as close to a 1:1 ratio as any session I have ever attended. While there are presentations where it is best to sit back and listen to learn, Dan’s presentation had me working both screens to try to keep up with the settings and selections he was teaching.
Mark: Once again, agree, though I’ll be honest and this floats across all tracks– the degradation of the video or PowerPoint is more than distracting. It’s very hard to follow and learn when things are fuzzy. Adobe, like Microsoft is also killing it, especially as digital signatures become even more of the norm during Covid last year. While I use HelloSign v. Adobe Sign or major player DocuSign, Adobe tools are becoming absolutely necessary, especially given the virtual exhibit creation workflows for litigators during zoom hearings and trials. Signing is an add-on, but for Orders and agreements, everyone has to do it.
His coverage of what’s new or changed was particularly helpful, though at times a little hard to follow. His inclusion of Redaction (Professional version only), Protected Mode (to prevent security breaches), and Remove Hidden Information (i.e., metadata-ish stuff), is telling, especially as our legal workflows require uploading and exchanging PDF’s literally all the time. The focus on Bookmarks, a long-forgotten but incredibly significant function given Zoom hearings and direct or cross-examination, is significant. Sigel’s references also to new functions in signing, printing, and Sanitizing, really highlight Adobe’s hold on the majority of the market, not unlike Microsoft.
Mitch: Dan’s presentation is one I need to go back and watch again. The great thing about attending the full week of TechShow is that you have access to re-watch the programs after they complete. After leaving Dan’s presentation, we attended Secrets in Microsoft 365. Rather than diving into a single application, this presentation provided a high-level overview of the different Microsoft 365 items and important ways the applications work together for lawyers.
Mark: I agree. Ben Schorr (Microsoft), along with Annette Sanders (BigHand) touched on multiple functions, including Projects (in passing), Stream for internal video training, Planner, as well as the super sexy “Power Automate” (creation of automated flows from repetitive tasks, though once again limited saves mostly to One Drive, MS’s cloud Document Management System (DMS). They also mentioned 
connectors (automation akin to triggers and actions similar to IFTTT, Workflow, Zapier, and the like, which have been ramping up efficiency (even if we forget what we setup) for easily the last 3-4 years. One power tip – keep an eye out for Transcription, available on the Web now and coming in all modes, that seems to do what Apple has often tried to do and ‘sherlock’ or bake in the functionality of third-party apps like Dragon, or even Speakwrite (Austin transcription upload service) to allow you to have a true voice to text and transcription creation.
Also, and no less stunning, is the functionality of using ‘Ink Editor’ (ability to draw in documents first launched only on iPad in its PowerPoint version). And pay attention to “Sensitivity Labels,” which allow admin settings to be created to either lockdown files that contain sensitive or protected information or provide the option to do so to the user. For example, while Tyler Technologies finally rolled out a form of redaction in eFiling about two years ago, it’s still on us to protect this type of info, as we are the ‘covered entity.’
Additional playthings like Presenter Coach in PowerPoint, to give you tips in your practice sessions of a presentation; and Insights, which in Excel will allow you to highlight information and will then suggest a particular type of chart, pivot table, or the like to create graphics and be more persuasive.
They ended with a caveat — use the Templates feature and stop reinventing the wheel.
This, in and of itself seems to be a thread in the blanket of TechShow 2021, given all of the focus (again) on document assembly and automation, both in the Startup competition and baked into the software is legal.
Mitch: Working remotely, automation, and using the tools you already have were consistent themes in many of the presentations we attended.
Well, that’s our day one report. We will be connecting with some of these impressive presenters and bringing you additional chats and interviews to be posted on the Computer and Technology social media accounts. Stay tuned for additional information soon. If you missed this year’s TechShow, make sure to put next year on your calendar!
Judge Xavier Rodriguez of San Antonio received the 2021 Samuel Pessarra Outstanding Jurist Award from the Texas Bar Foundation. The award was established in 1995, when the Foundation received a bequest to the endowment from the estate of Mrs. Samuel Pessarra in honor of her late husband Samuel Pessarra for the purpose of funding the Outstanding Jurist Award. Samuel Pessarra, a native of Quintana, attended Baylor University and Baylor University School of Law. Mr. Pessarra was a member of the Brazoria County Bar Association, where he served as president, director and secretary. The Pessarra Outstanding Jurist Award honors an active Federal or State Judge (including retired judges or judges of senior status who continue to sit) who exhibits an exceptionally outstanding reputation for competency, efficiency and integrity.
Judge Rodriguez is a former Texas Supreme Court Justice and currently sits on the bench as a United States District Judge for the Western District of Texas. Born in San Antonio, Texas, he received his bachelor’s degree from Harvard University, a master’s degree from the University of Texas LBJ School of Public Affairs and a Doctor of Jurisprudence degree from the University of Texas Law School. Prior to assuming the bench, he was a partner in the international law firm of Fulbright & Jaworski (now known as Norton Rose Fulbright). Judge Rodriguez is a frequent speaker on continuing legal education seminars and has authored numerous articles regarding employment law, discovery and arbitration issues. He is the editor of Essentials of E-Discovery (TexasBarBooks 2014). He is a member of The Sedona Conference Judicial Advisory Board, the Georgetown Advanced E-Discovery Institute Advisory Board, and serves as the Distinguished Visiting Jurist-in-Residence and adjunct professor of law at the St. Mary’s University School of Law. He was elected to membership in the American Law Institute and is a Fellow of the American Bar Foundation and the Texas Bar Foundation.
In 2011 he was awarded the Rosewood Gavel Award for outstanding judicial service from the St. Mary’s University School of Law. In 2017, he received the State Bar of Texas Gene Cavin Award for Excellence in CLE, recognizing his long-term contributions to continuing legal education. He is an appointed judicial member of the Computer and Technology Section, Chair of the State Bar of Texas Litigation Section, Past Chair of the State Bar of Texas Labor and Employment Law Section, and Past Chair of the State Bar of Texas Continuing Legal Education Committee. He is currently enrolled in the Duke University, Bolch Judicial Institute’s LLM Program in Judicial Studies.
Judge Rodriguez will be publicly recognized at the Texas Bar Foundation Annual Dinner held on June 18, 2021 at the Omni Hotel in Fort Worth. The University of Texas School of Law will receive a $1,000 scholarship donation in honor of Judge Xavier Rodriguez.
