The digital revolution is changing information gathering everywhere, including in the practice of law. What do lawyers need to know to benefit from this powerful trend?

1. Information Gathering
& Processing
(for Lawyers)
Ernest Svenson

2. Who is this guy?

3. Ernie Svenson
BigLaw - 20 yrs
Solo Practice - 6 yrs
Digital Signatures
are easy to make ErnieTheAttorney.net
PDFforLawyers.com
Twitter PaperlessChase.com
@ErnieAttorney

4. Who is he, really?

7. “ The illiterate of the 21st century will
not be those who cannot read and
write, but those who cannot learn,
unlearn, and relearn.”
—Alvin Toffler

9. “ We don’t have information overload;
what we have is “filter failure.”
—Clay Shirky

10. Key Principles
Old media is struggling
Gathering v. Processing
Filtering is critical

11. Old Media
Mass Media (v. Tailored info)
Expensive: produce/distribute
Content exists to sell ads
(not to inform consumers)
Traditional media is in trouble

12. Mass media

13. “Customer can have any color car
he wants as long as it’s black.”
—Henry Ford

17. Traditional Media
(in trouble)

21. Amazon Now Selling More Kindle
Books Than Print Books

22. Newspapers in peril

24. New Orleans Times Picayune to
limit printing to three days per week
Mario Tama/Getty Images - The New Orleans Times-Picayune, seen in 2010 during the Deepwater Horizon oil spill, will only
print three days a week come fall

26. Trusted sources?

27. Print Media
Encyclopedia Britannica
New York Times
Seattle Post Intelligencer
Rocky Mountain News
Harvard Law Review

28. Broadcast Media
NBC
CBS
ABC
CNN

29. New Media
Digital = quick creation
Digital = fast distribution
Content created by consumers
Crowdsourcing replaces editors

31. Google Search I’m Feeling Lucky

34. Traditional Media
(turns to bloggers)

36. It’s now 2012
(but who’s counting?)

37. Twitter

38. What’s happening?
Manolantern
"I just watched a plane crash into
the hudson riv in manhattan".”

39. Osama Bin Laden Camp in Abbottabad

40. What’s happening?
@ReallyVirtual
“Helicopter hovering above
Abbottabad at 1 am (is a rare
event)”

41. #CNNfail: No coverage
of Iranian Election

42. Key Principles
Old media is struggling
Gathering v. Processing
Filtering is critical

43. Information
processing

44. Information Processing Factoid
Year Task Time
2003 Genome Sequencing 10 yrs
2010 Genome Sequencing 1 week
(if done today)

46. Facts Inform Inspire
Research
Organize
Gather
Arrange Story
Discover

47. Bad info handling
may cause death

50. ‘O’ Ring Problems
Flight Date Temp °F Erosion Blow-by Damage Index
1 Apr. 1981 66° 0
2 Nov. 1981 70° 1 4
3 Mar. 1982 69° 0
5 Nov. 1982 68° 0
6 Apr. 1983 67° 0
41-B Feb. 1984 57° 1 4
41-C Apr. 1984 63° 1 2
51-A Nov. 1984 67° 0
51-C Jan. 1985 53° 3 2 11
51-D Apr. 1985 67° 0
61-C Jan. 1986 58° 1 4

51. ‘O’ Ring Problems
Flight Date Temp °F Erosion Blow-by Damage Index
2 Nov. 1981 70° 1 4
3 Mar. 1982 69° 0
5 Nov. 1982 68° 0
6 Apr. 1983 67° 0
51-A Nov. 1984 67° 0
51-D Apr. 1985 67° 0
1 Apr. 1981 66° 0
41-C Apr. 1984 63° 1 2
61-C Jan. 1986 58° 1 4
41-B Feb. 1984 57° 1 4
51-C Jan. 1985 53° 3 2 11

52. ‘O’ Ring Problems
15
12
9
Damage
Erosion
6
3
0
70° 69° 68° 67° 66° 63° 58° 57° 53°
Temp °F

53. Information ? Store
? Review Later
1. Flag as important
2. Flag for follow up
3. Monitor status

55. What is Paperless?
(can you eliminate completely?)

57. Four Definitions
1. No Paper
2. Devoid of paper as much as possible
3. Key information stored digitally
4. Ability to work with key information
anywhere, anytime

59. ScanSnap Advantages
1. Solid hardware
2. Duplex
3. Doc feeder - 50 pages
4. Comes w/ great software

60. Format

61. PDFforLawyers.com

62. Acrobat
Widely used
Full-featured for
lawyers
But not cheap

63. PDF Pen
Cheaper
OCR
Mac Friendly
iCloud

64. Paperlesschase.com

65. Digital Signatures

66. How to create?
1. Scan in signature
2. Erase background
3. Import to Word, Acrobat

67. Key Principles
Old media is struggling
Gathering v. Processing
Filtering is critical

68. Filter by ...
Relevance
Trustworthiness
Timeliness
Location

69. 2

70. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts
Date & Time Fact Text Source
Mon 12/01/2003 Hawkins promoted to Anstar Biotech Interview notes
Industries VP of Sales
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23

71. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts
Date & Time Fact Text Source
Mon 12/01/2003 Hawkins promoted to Anstar Biotech Interview notes
Industries VP of Sales
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23
Wed 05/11/2005 Hawkins receives performance review from Hawkins
William Lang. Is rated #1 “Outstanding” performance review

72. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts
Date & Time Fact Text Source
Mon 12/01/2003 Hawkins promoted to Anstar Biotech Interview notes
Industries VP of Sales
Wed 05/11/2005 Hawkins receives performance review from Hawkins
William Lang. Is rated #1 “Outstanding” performance review
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23
Tue 07/15/2005 Hawkins makes derogatory remarks about Interview notes
Linda Collins to Karen Thomas

73. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts
Date & Time Fact Text Source
Mon 12/01/2003 Hawkins promoted to Anstar Biotech Interview notes
Industries VP of Sales
Wed 05/11/2005 Hawkins receives performance review from Hawkins
William Lang. Is rated #1 “Outstanding” performance review
Tue 07/15/2005 Hawkins makes derogatory remarks about Interview notes
Linda Collins to Karen Thomas
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23

74. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts Q. What was your role at Anstar Biotech when you first started
Date & Time Fact Text
working there?
Source
A. Initially my role was to be sales manager. I had met Bill Lang
Mon 12/01/2003 Hawkins promoted to Anstar Biotech
while touring the Converse Chemical Lab in Bakersfield. That
was in December of 2002, as I recall.
Interview notes
Industries VP of Sales
It was about a month later that he offered me the sales manager
position, and I accepted right away. I didn’t start until a few days
DepositionBill Lang when you
later, though.
Hawkins receives performance review from Hawkins
Wed 05/11/2005 Q. What was your working relationship like with
first started at Anstar?
of
William Lang. Is rated #1 “Outstanding” performance review
Philip Hawkins
A. We got along great. Bill was an easy going guy, for the most
Tue 07/15/2005 Hawkins makes derogatory remarks about
part and he didn’t micro-manage things. He expected people
Interview notes
do work hard and bring in the results, but that was it. Also, as
Linda Collins to Karen Thomas
time went on I found out that he was an avid fisherman and
so was I so we kind of bonded on that front. We talked about
01/16/2009
taking a fishing trip together, but never got around to making it
Sat 07/30/2005 Hawkins demoted to sales manager
happen. Depo. Philip
Q. How long had you been VP of sales? Hawkins 24:18
A. I was promoted in December of 2003, on the first of the month
Thu 08/11/2005 Hawkins transferredyour job status officechanging?
to ABI would be in Fresno Depo. Philip
Q. When did you first learn that
Hawkins 43:18
A. I think it was at the end of July in 2005. It was on a Saturday,
which I remember because I was trying to leave town to join
Tue 11/15/2005 Hawkins turns 51
my family on a vacation and that’s when Bill Lang came to my Depo. Philip
office and gave me the news
Hawkins 56:11-23
Affiliated Reporting
24

75. Organizing Case Facts
Cull
–from documents
–from witnesses
Tag
–to documents
–to people
–to issues

76. Preparing Witness
Outlines

77. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools Search
Facts Linked People, Documents, etc.
Date & Time Fact Text Source
Mon 12/01/2003 Linked to Issues...
Hawkins promoted to Anstar Biotech Interview notes
Industries VP of Sales
Wed 05/11/2005 Advanced Search
Hawkins receives performance review from Hawkins
William Lang. Is rated #1 “Outstanding” performance review
Tue 07/15/2005 Hawkins makes derogatory remarks about Interview notes
Linda Collins to Karen Thomas
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23

78. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools Search
Facts
Date & Time Fact Text Source
Search for Links to People, Documents etc.
Mon 12/01/2003 Hawkins promoted to Anstar Biotech Interview notes
Industries VP of Sales
Search for receiveslinked to a:review from
Hawkins Facts performance Hawkins
Wed 05/11/2005
William Lang. Is rated #1 “Outstanding” performance review
Person
Tue 07/15/2005 Hawkins makes derogatory remarks about Interview notes
Select the Person to search for:
Linda Collins to Karen Thomas
Sat 07/30/2005 Fullname
Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Linda Collins
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Philip Hawkins Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23

79. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts
Date & Time Fact Text Source
Mon 12/01/2003 Hawkins promoted to Anstar Biotech Interview notes
Industries VP of Sales
Wed 05/11/2005 Hawkins receives performance review from Hawkins
William Lang. Is rated #1 “Outstanding” performance review
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23
Tue 07/15/2005 Hawkins makes derogatory remarks about Interview notes
Linda Collins to Karen Thomas
Hawkins leaves for Spring meeting with other Depo. Philip
Mon 08/21/2006
Sales managers Hawkins 123:11

80. Preparing Exhibits
for Examination

81. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts
Copy Linked PDFs
Date & Time Fact Text Source
Spelling F7
Mon 12/01/2003 Batch Process to Anstar Biotech Files
Hawkins promoted Linked Interview notes
Bates stamp Linked PDFs
Wed 05/11/2005
Industries VP of Sales
Bulk Import PDFs Case Tools
Hawkins receives performance review from Hawkins
William Lang. Is rated #1 “Outstanding” performance review
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip
Hawkins 43:18
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
Hawkins 56:11-23
Tue 07/15/2005 Hawkins makes derogatory remarks about Interview notes
Linda Collins to Karen Thomas
Hawkins leaves for Spring meeting with other Depo. Philip
Mon 08/21/2006
Sales managers Hawkins 123:11

82. Hawkins - LexisNexis Casemap
File Edit View Insert Records Reports Tools
Facts Batch Processing - Review Linked Files
Date & Time Fact Text Source
Mon 12/01/2003 Batch Processing... Biotech
Hawkins promoted to Anstar Interview notes
Industries VP of Sales
Wed 05/11/2005 Hawkins files:
Linked receives performance review from Hawkins
William Lang. Is rated #1 “Outstanding” performance review
C://EES_Cases/Hawkins/Contract
Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip
C://EES_Cases/Hawkins/Lease_01 Hawkins 24:18
Thu 08/11/2005 Hawkins transferred to ABI office in Fresno
C://EES_Cases/Hawkins/Lease_04 Depo. Philip
Hawkins 43:18
C://EES_Cases/Hawkins/Email934
Tue 11/15/2005 Hawkins turns 51 Depo. Philip
C://EES_Cases/Hawkins/Email1001 Hawkins 56:11-23
Tue 07/15/2005 Hawkins makes derogatory remarks about Interview notes
Linda Collins to Karen Thomas
Hawkins leaves for Spring meeting with other Depo. Philip
Mon 08/21/2006
Sales managers Hawkins 123:11

83. Filter by ...
Relevance
Trustworthiness

84. RSS Feeds

86. 3 weeks later...

88. 3 days later...

89. I have seen...Gillibrand’s [proposal]
and am well and truly gobsmacked
at how bad it is.

90. UCLA Law Professor
Stephen Bainbridge
called Gillibrand's bill
"bizarre and
toothless" on his blog.

91. How did I learn
about Bainbridge’s
coverage of this?

93. Professor of law at Case
Western School of Law

96. Filter by ...
Relevance
Trustworthiness
Timeliness

97. Twitter

99. Send to Instapaper

101. Search jury duty
What’s happening?
Off to jury Duty
yall wanna make me be on the
jury? everybody goin to jail...GUILTY!
Jury Duty and my iPod
got some of the best sleep
just died...HELP!
in my life in jury duty...

102. Google Alerts

103. Alerts
Search query:
Result type: Everything ▼
How often: News a day
Once
Blogs
How many: Only best results
Video
Deliver to: esvenson@gmail.com
Discussions

104. Filter by ...
Relevance
Trustworthiness
Timeliness
Location

105. This Moor got a great Yelp review

106. Yelp

110. Key Principles
Old media is struggling
Gathering v. Processing
Filtering is critical