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ABA Techshow 2022: Front Facing Camera and Back Facing Desires (How I’m coping being virtual at this years’ Techshow Mark I. Unger (@miunger)

photo credit: @jack_newton

I’ve been a neurotic ADD-OCD legal tech chasing nutjob for a bunch of years now. Probably not what you’d think might be a good lead for any writing much less speaking or even anything one might want to claim. But it’s about honesty, integrity; it’s about what I call “finding your true” (Don’t steal the concept former Lexis employee-turned-consultant-speaker…I’ve been there before). It’s a little like Jim Carrey in that movie…a little like Dennis Miller who coined the above referenced phase when he said “I’m ADD-OCD, so I’m constantly changing what I obsess over;” a little like ‘I just want my youth back or a little of my post-adolescent, testosterone laced verve when I was immortal. I turned #$%^&*years older this year. I’m not proud and I feel it. This does not mean I’m giving up on my Peter Pan complex…completely. It just means that I’ll simply have to juggle the past 5 years’ challenges and 2 years of ridiculousness, including all my bad choices and decisions (don’t worry, I didn’t become a South American drug mule or start playing in a piano bar or anything crazy like that); I’ll have to cast these aside and let my passions control a little more, balanced with the knowledge that maybe I’ll slow down just a bit, smell the roses a bit more and try to be honest in the give-back. This will be one of those times.

Techshow is simply the best…in person. It’s a caffeine-addled romp through what’s new, reborn, reinvented, and recalculated with an eye towards the trends and movements, all magnified through the eyes of cutting if not bleeding edge legal technologists, practicing attorneys, consultants, and just great humans. That said, Covid was a bitch. And it seems even still as #Hybrid becomes the new, new normal, transitions are still painful. Awesome as all get out is seeing posts and references to top-tier friends/colleagues/speakers/famous people such as Brett Burney, Kenton Brice, Jim Calloway, Regina Edwards, Debbie Foster, Jordan Furlong, Erin Gerstenzang, Joshua Lenon, Nefra Macdonald, Maddy Martin, Dorna Moini, (the) Jack Newton, Anne-Marie Rabago, Catherine Sanders Reach, Annette Sanders, Ben Schorr, Dan Siegel, Stanley Tate, Reid Trautz, Gyi Tsakalakis, Kristin Tyler, Ed Walters, Deneen Warmington and Allison Williams, and Co-Chairs rock stars Brooke Moore and Ivan Hemmans, among others.

This year, according to my website view, ABA Tecshshow 2022 has 194 speakers, 5 tracks for live presentations, 55 live Topics/presentations. The virtual track (thus the hybrid reference) for just $250.00. What’s notable is not what’s in the virtual track, which is limited to tracks called “Core Concepts” and “Virtual Tracks.” Not included this year…and by not included I mean lacking and ‘that which makes me feel bad’ is the Startup Pitch Competition (which I tried to ask for a streaming little bit of goodwill and which was apparently shot down by the ‘bigs’). Note that all the virtual topics are mostly recordings being played back, lack any significant audience or interactive component. To their credit, however, they did include the Keynote on Friday and 60 in 60 on Saturday. Kudos to them for this. Frankly, if you want at least 3 of the topics offered along with the Keynote and 60 in 60, the $250.00 price is worth it. As for me, it’s always worth it, even though it’s a reporting gig and thus free work and I’ll try not to ADD-OCD over my recent challenges and inability to carve out the time/$ for it. Everything’s a tradeoff in this world and we should all strive to leave more than we take. So, let’s chase it here.

In contract and as opposed to last year, ones I won’t be able to see or report on (it’s a rebuilding year) are –
a. Start-Up Pitch Competition (I’ve gone Jimmy Kimmel on this every year, getting close to picking the winning Bachelor and those that pitch here usually telegraph the trends that are peaking (think AI that soon became Automation, now all over the place in lawyer pitches and for good reason); and further highlight creativity, a component often muted in law practice but one which this writer predicts will separate future wheat from the chaff in the ever-changing law practice model.
b. Ethically Managing Modern Emergencies: Are You Ready? With Texas’ own Anne Marie Rabago, formerly of the State Bar of Texas’ Incubator program.
c. Come Play in the Sandbox: How to Advance Legal Services Through Regulation (I’ll attend anything with Ed Walters…twice on Sunday);
d. The Digital Client File (w/ Jim Calloway of the Oklahoma Bar and IMO, so incredibly significant and yet overlooked, given zoom hearings, digital presentation requirements, and the simple reality that most attorneys are not printing the file unless absolutely necessary; this translates to massive gaps in the total recall of evidence, documents, and overall presentation; unsolicited note: I’ve been working on things like smart documents and linked outlines and pleading indexes that provide real-time instant judicial or attorney gratification with the ability to click and go to almost anything; combine this with mind maps/graphics hashtags (#) and issue codes and you have a real virtual legal reality. I believe that the coming hybrid environment will demand higher performance than the ‘dumbing down of legal’ we have experienced in all online hearings. This is, of course, a much bigger conversation than possible here but note that Calloway has the chops to talk us off the ledge and smarts to point us all in an incredibly relevant direction even if it has yet to be extrapolated this far in workflows.

Check out the Program Guide here, the full schedule here, the Core Concepts virtual schedule here and the Virtually Everything schedule here, and pricing and registration here.
Virtual offerings ($250) that you can access now through Saturday and note that as a virtual attendee, you have access to all the virtual topics at any time this week.

Mark I. Unger is a solo practitioner, mediator, and consultant in San Antonio, Texas, and former Chair of the Computer & Technology Section of the State Bar of Texas.
LinkedIn (miunger)
Twitter (@miunger)


ABA TechShow: Day One is a Wrap

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–

  1. Internal Resource (between you and associate),
  2. External resource (outside co-counsel or client); and
  3. Future Resource (tricky because it’s usually yourself).

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!

Texas Bar Foundation Gives Judge Xavier Rodriguez Statewide Recognition

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.

How to add (or remove) a kitty filter before your next hearing

So you want to be a cat? We have the steps to get you there – and to get you back before your next hearing.

First, to quote Judge Ferguson, the judge presiding over the now famous zoom hearing: “These fun moments are a by-product of the legal profession’s dedication to ensuring that the justice system continues to function in these tough times.  Everyone involved handled it with dignity, and the filtered lawyer showed incredible grace.  True professionalism all around!”

We laughed with you Mr. Ponton, but as lawyers we honor your willingness to move forward for your client– whiskers and all.

For all of those looking to apply (or remove) the effect, it is actually a camera setting rather than a filter.  To make it happen, try these steps:

  1. Download the free Snap Camera app (we are not endorsing the app and have not read the T&C. Read for yourself!). To use the filter, you must grant it permission to use your camera and microphone.
  2. Open the app to find “lenses” or filters – like the famous kitty. Search for one that matches your mood and apply the filter.
  3. Open the Zoom app and go to Settings > Video > Camera. Select Snap Camera from the menu. When you start your next zoom hearing – you will be a cat.

Now a tip for Rod – to turn the filters off before your next hearing, just go back to Settings > Video > Camera, and choose your usual camera again.

Enjoy filters when appropriate.  We all need a little laugh!

Join us on Dec. 11 for the 4th Annual “Technology and Justice for All” CLE: Vaccinating Your Technology Tools for Practice in a Pandemic

The Computer & Technology Section will be hosting (virtually) its 4th Annual “Technology and Justice for All” CLE — Vaccinating Your Technology Tools for Practice in a Pandemic — from 8:45 a.m. – 4:00 p.m. CST on Friday, December 11, 2020. You don’t want to miss this outstanding CLE providing 5.5 hours of continuing legal education credit, including .75 of ethics.

See the full agenda below and you can register online here.

COST

  • $50 for Section members
  • $75 for non-Section members
  • FREE for any legal aid providers or justice incubators

FULL AGENDA

4th Annual Technology and Justice for All CLE: Vaccinating Your Technology Tools for Practice in a Pandemic

8:45 Welcome, Opening Remarks and Announcements
Shawn Tuma, Chair, Computer & Technology Section
William Smith, Course Director; Assistant General Counsel at Business Talent Group LLC, CIPP/E

9:00 Ransomware – a True Existential Threat to Your Practice!   (1 hr / .25 ethics)
Lavonne Hopkins, Sr. Legal Director – Cybersecurity, Product & App Security, IT Security at Dell Technologies
Brett Leatherman, Supervisory Special Agent at the Federal Bureau of Investigation
Shawn Tuma, Co-Chair, Data Privacy & Cybersecurity Practice, Spencer Fane, LLP

10:00 Ethical Considerations for Practicing Remote and in a Pandemic (.5 hr ethics)
Hon. Roy Ferguson, Judge 394th Judicial District Court
Craig Haston, Attorney at Law at The Haston Law Firm, P.C.

10:30 Break

10:45 Trials, Depositions, Hearings, and other Remote Proceedings (1 hr)
Sammy Ford, Trial Lawyer, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. or AZA
Tim Shelby, Partner at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. or AZA
Monica Uddin, Attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. or AZA
Jason McManis, Trial Lawyer for Business and IP Disputes, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. or AZA
Paul Turkevich, Attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. or AZA

11:45 Break 

12:00 Celebrating 30 Years of the Computer and Technology Section (No MCLE Credit)
Peter Vogel, Cyber, IT, eCommerce, eDiscovery, Arbitrator, Mediator, Trial Lawyer, & Of Counsel at Foley & Lardner

12:45 Break

1:00 U.S. Supreme Court Technology Case Roundup  (1 hr)

Matthew Murrel, Partner at Soltero Sapire Murrell PLLC
Pierre Grosdidier, Senior Assistant City Attorney at City of Houston
Ron Chichester, Attorney at Law at Ronald Chichester, P.C.

2:00 #SoEasyEvenMarkCanDoIt: Practice Management Systems and Virtual Law Practice with Mitchell and Mark (.5 hr)
Mitch Zoll, Founder & Principal at Zoll Firm, PLLC
Mark Unger, Attorney at The Unger Law Firm and Consultant at Muse Legal Technology Consulting

2:30 Expert Panel – Q&A With the Techies  (.5 hr)

3:00 60 Apps in 60 Minutes (1 hr)
Michael Curran, Executive Legal Professional, CEO ➲ Leading Financial & Technology Expertise for Risk Mitigation & Asset Protection
Shannon Warren, Patent Attorney at The Law Office of Shannon Warren, PLLC
Robert Ray, Attorney At Law at TexasAntiSlapp.Com
Al “VirtuAl” Harrison, VP at Harrison Law Office, P.C.

4:00 Closing Remarks and Adjourn
William Smith, Course Director; Assistant General Counsel at Business Talent Group LLC, CIPP/E

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