Several years ago, along with two friends, I spent two days making
videos for online CLE presentations at the offices of LegalSpan in
Phoenix. LegalSpan’s offices had a maze-like quality and it was
difficult to navigate the various hallways to find the places we needed to
be. Fortunately, at a major intersection of hallways stood a life-size
standup photograph of Michael Arkfeld, who had also made some CLE videos
for LegalSpan. For two days, we oriented ourselves and found the places we
needed to be in relationship to the standup picture of Michael Arkfeld.
After reading the new edition of Arkfeld’s The
Digital Practice of Law: A Practical Reference for Applying Technology
Concepts to the Practice of Law,
Fifth Edition (Law Partner Press 2001), I realized that it was very
appropriate that we used Michael Arkfeld as our guide to point us in the
right directions while we were at LegalSpan.
Arkfeld, with the new edition of his book, has created a comprehensive,
one volume resource for lawyers and others in the legal profession on the
application of technology to the practice of law. The book is encyclopedic
in scope, covers a broad spectrum of issues and is filled with practical
tips and advice for lawyers wanting to take advantage of current
developments in legal technology.
For me, one of the great strengths of the book is Arkfeld’s frequent
listing of practical tips and relevant questions about various
technologies and technology issues. Arkfeld’s tips are always practical,
productive and, at times, profound. For example, his aphoristic advice to
"focus on the work, not the software" should be emblazoned in
front of any lawyer or law firm trying to select appropriate software.
It struck me, while reading the section on how to select a technology
committee, that one of the smartest things a law firm might do would be to
hand out a copy of Arkfeld’s book to every member of the firm’s
technology committee, especially to new additions to the committee. The
book does an excellent job of covering the entire range of basic
technology concepts and applications, and providing ways to think about
technology in the practice. Reading the book would give members of a
technology committee a solid foundation for making good decisions.
The highlights of the book -- and this is not surprising since Arkfeld
is a litigator -- are the excellent chapters on managing litigation
information using technology and on using multimedia in legal proceedings.
The chapter on managing information is a blueprint for handling the
variety of information involved in litigation and provides a
comprehensive, practical approach to this process, along with many useful
tips. Any law firm or lawyer considering litigation management software or
developing litigation management strategies would be well advised to read
Arkfeld’s discussion of this subject.
Similarly, the chapter on using multimedia in a trial setting is full
of practical tips that will benefit both lawyers considering whether to
use multimedia in a courtroom for the first time and those lawyers who
already have significant experience. By the end of this chapter, I had the
feeling that Arkfeld would be a very difficult opponent in the courtroom.
Other strong parts of the book include Arkfeld’s explanation of
database management systems and his recommendations on making technology
decisions in a law firm.
While Arkfeld makes an admirable attempt to be comprehensive, and his
book is almost encyclopedic in scope, any print publication on technology,
almost by definition, will be somewhat out of date by the time it is
printed, especially on hardware issues. Every now and then you’ll find a
reference or two in the book that seems dated, but the strength of the
book is that Arkfeld’s approach to the subject emphasizes practical tips
and important questions for decision-making and that approach keeps the
discussion relevant.
I’m very impressed with this book. While, because of its focus, the
book probably has more benefit to litigators than to non-litigators, it is
a very significant addition to the literature on use of technology in the
practice of law. As I mentioned, firms with technology committees should
consider giving this book to committee members as a basic textbook to help
them to get up to speed on technology issues and decision making. Small
firms and solo attorneys will find this a very useful single volume
resource on the subject. If trying to find your way through the world of
legal technology too often seems like a trek through the wilderness, you
will want to have Michael Arkfeld as a guide and keep his book handy.
Dennis Kennedy dkennedy@thompsoncoburn.com is an attorney who writes and speaks frequently on Internet and legal technology topics. He practices in the Intellectual Property and Information Technology Department at Thompson Coburn LLP in St. Louis. Kennedy has collected many of his articles on legal technology at http://www.denniskennedy.com/ltprimer.htm.