Things are Happening Outside the BoxesCan you work outside the boxes?
What are the “Boxes”?There are two boxes identified here to illustrate the problems and limitations created by persons who allow traditional boundaries of their disciplines and society to inhibit their potential, skills, resources and, thereby, effectiveness as advocates.
In street language, the term, “box,” as used here, is to define multiple boundaries, which restrict pedal-to-the-metal advocacy for indigent persons. The First BoxThe first of the two boxes described here designates the parameters of the judicial system, which are politically established.
These politically generated parameters are, for example, the restrictions upon public defenders that attempt to prevent them from bringing civil litigation in support of a client’s criminal case. Another politically generated parameter is the restriction upon most government funded, federal habeas corpus lawyers, which attempts to prohibit or severely limit these lawyers from assisting court appointed, state court counsel in preserving federal issues at the state court trial level.
This list of similar parameters continues. At every junction, these assumed limitations cripple the opportunities of lawyers, who, without these restrictions could be effective advocates using the necessary skills of advocacy on behalf of indigent persons.
Lawyers handicapped by these limitations allow the atrophy of their advocacy muscles to so disable them that they become huge obstacles to other advocates, who must spend too much of their time dealing with criticism by being compared to and responding to criticism from these lame-brained, disabled peers, who see job security as life’s Mecca.
The parameters of the first box illustrates just a few of the parameters in the judicial system – the parameters defined by legislative bodies – the parameters defined by the courts – the parameters the courts attempt to enforce – the parameters defined by most “legal scholars” during the educational process of want-to-be lawyers – the parameters that most lawyers are willing to accept in exchange for their personal comforts – the parameters of the judicial system that the overrepresented persons and entities in our society frequently transgress. These are the political limitations imposed upon the underrepresented indigent persons in our society.
After all, as the arguments of the pigs go, our Constitution only promises individuals a fair trial, which commitment is not interpreted to be the same disposition obtained by wealthy persons, who obviously have access to, and use of, both political and judicial influence obtained through their financial resources.
For indigent persons, the walls of this first “box” are heightened and made even more confining by the restrictions placed upon the representatives assigned to indigent persons. Law schools do not train lawyers to deal with the problems unique to the representation of indigent persons, in fact, law schools engage in inverse training by indoctrinating lawyers in clinical programs only to provide representation, which can be provided by staying inside the box. In reality, for indigent persons, the walls of this first primarily politically created “box” consist of razor wire wound in place with the social fabric of our society, which accepts the political reality that indigent persons are not to receive the same quality of representation as wealthy persons.
The financial cost and political influence necessary to become a member of the judiciary today makes it an ever increasing problem for anyone to realistically believe that the political process can be separated from the judicial system. The challenge therefore becomes for representatives of indigent persons to learn how to compete in the political process in order to obtain judicial fairness for indigent persons.
This challenge is not being met because we devote 99% of our training of lawyers to teaching the fruitless skills of representation within the box. Why? Because, this type of training is politically acceptable, and besides, most people only understand this type of advocacy.
Uncle Sam Wants You to provide less than full advocacy by staying inside the box Uncle Sam Needs You to represent persons in death penalty cases, while providing representation within the political parameters of the Box Uncle Sam Will Pay You if you provide representation within the political parameters of the Box
Enough esoteric verbalization; this is intended to be a how-to paper, not a what-is paper. The Second BoxThe second box identified here is the computer case that holds the output of a lawyer’s work on a disk -- most frequently, a hard drive.
As mundane as this second box might initially seem, the parameters of this box are huge obstacles to the effective representatives of indigent persons. These parameters are an obstacle to cost effective representation, which affect each of the skills of lawyers attempting to serve their indigent clients.
Some Lawyers Do Not Input into the Computer Many lawyers today are still producing their written work-product within the parameters of a dictating machine, by scribblings on a legal pad, by scratching out names on an old Xerox document or some such similar system, where, later, another person is given the material to be placed in a readable form on the computer disk that later is printed to become the lawyer’s written work-product. Many lawyers cannot even access this work-product on the computer disk without someone’s assistance.
The same masses of lawyers who are using outdated methods of producing their written work-product usually only develop this written work-product while sitting behind a desk at their office. These lawyers have no access to information stored on their “office” computer from their home or some other location.
Excuses used by these lawyers for not being engaged with their computers and not being computer literate range from, “I’m paid to be a lawyer, not a typist” to “I’m too busy and besides, I can’t type”.
Get with it or Get Gone Lawyers who are not computer-input literate constitute a whole different aspect of the parameters of this second box. These parameters are too elementary to warrant more than a mere warning to these lawyers that there is no place for them in the cadre of people attempting to represent indigent persons. These lawyers are neither cost effective nor innovative enough to be earning a pay check that could otherwise be used in indigent defense.
Computer Literacy is only the Start of being Computer Productive Not only must today’s effective advocate for indigent persons be able to input into the conventional computer box’s hard drive, the effective lawyer must be able to write to the Internet. Effectively Functioning Outside the First and Second “boxes”Which box should we attempt to transgress first, the walls of the politically created box or the walls of the computer box? The answer as to the walls of which box must be transgressed first is almost a which-came-first, the-chicken-or-the-egg, question. For this paper, and as a practical matter, let’s assume that scaling the walls of the computer box is the vehicle we will use to scale the walls of the real box, which is the politically created box.
Now that we have only scantly teased the imagination with a few hints of the many parameters that restrict full advocacy on behalf of indigent persons, let’s examine the tools that can reduce the detriment of these parameters. In the beginning, let’s examine ways to transgress the parameters of the computer box.
Transgressing the Walls of the Computer Box The computer boxes that reside in law shops have long since been replaced as the boundaries of information accessible and distributable by computers. The focus here will therefore be on gathering information from outside the computer boxes in law shops and distributing this information in ways other than just by service of a printout upon opposing counsel and the court.
Without question, the focus now turns to effectively using the Internet. There is no single piece of technology in our memories that allows otherwise powerless people to legally affront authority better than the Internet. Most of our tasks in representing indigent persons require that to be effective, we must legally affront authority.
It is the authority that allows persons to be executed that we must confront.
It is the authority that allows persons to be represented by incompetent lawyers that we must confront.
It is the authority that allows courts to maintain that indigent persons who were appointed incompetent counsel have waived issues that we must confront.
It is the authority that allows law enforcement agencies to secret exculpatory information, and, when caught, avoid consequences that we must confront.
It is authority – the point is made – we must confront authority on behalf of our indigent clients if we wish for them to have an equal opportunity to taste justice.
The Internet Has Empowered Us The Internet has an almost indescribable effect upon society. The venture capitalists, the stock holders and employees of many of the dot coms are whining about the downfall of the Internet. The downfall they bemoan is only to their pocketbooks. The impact of the Internet is permanent and lasting.
The Internet has etched a lasting change upon society that we must identify and use in our efforts on indigent persons’ behalves.
Quite naturally, the Internet speeds and broadens access to information. Along the way, the Internet has reinvented the way that we receive and share information. The under 25 year-old group of our society understands and avails itself of this advantage in larger numbers than the remainder of society. Unrecognized to the remainder of society, this younger group has seized power that could not have been attained without the resources of the Internet.
As advocates for indigent persons, we must allow this younger group in society to assist us in advocating for indigent persons.
The Internet Has Picked the Lock of Authority Understanding that the Internet provides new ways to affront authority is primary to understanding how you will and should use it. The Internet has increased by quantum leaps the ways that we can challenge authority.
The Internet has shifted the balance of power in this country. Fourteen year-old kids have now taken on the role of chief family information providers in certain information areas. Twelve year-old kids are communicating world-wide about subjects that college students were first being introduced to only a few years ago.
The Internet has opened the doors of publishing to everyone; however, it has been people in the younger age groups that have been more innovative with their use of the Internet to gain power, i.e., freedom and independence, which would not otherwise be available to them.
The twenty-five and under age group, by virtue of its Internet-gained skills and knowledge, now have power and publishing skills never thought attainable by such a young age group. Stay-at-home parents have some of the same powers that we would never have expected them to have.
The local television station, the local radio station and the local newspaper are no longer the exclusive sources and distribution channels of information.
How, as lawyers for indigent persons, can we walk into the chamber of authority, which has had its lock picked by the Internet?
A Lawyer Without both Broadband and Dial-Up Internet Access is a per se Malpracticing Dinosaur who Deserves to be Exited from Indigent Defense and Certainly from Representing People whom the Government wishes to Execute
Not only must lawyers and all of their staff have access to Internet services 24/7, this access primarily needs to be broadband access.
Access is only starters for a lawyer’s Internet resources. Today’s effective advocate must be capable of both researching on the Internet and publishing to the Internet. The mechanical means of being able to both attain and distribute information is a relevant skill for advocates.
Not only must effective advocates know how to harness these skills for their use on offense, advocates must understand these skills in order to transgress information secreted by our opponents. In short, we must understand both computer and Internet technology, as the World Wide Web becomes integrated into our computers. We should think of the web as just another data base stored on a different type of drive on our computer.
Attacking Techno-Phobia Twelve year-old kids do not have tons of money to invest in making their computers zoom in order that they can take full advantage of the vast resources awaiting their commands. Twelve year-old kids, for the most part, conquered this problem by learning about the components of a computer.
Lawyers for indigent persons, in many respects, have the same financial restraints upon them as twelve year-old kids. Diligent lawyers for indigent persons have conquered the hardware problems by learning the “how-tos” of keeping good computers zooming.
First, Learn the Hardware and the Software
The Hardware In today’s market a five hundred dollar computer will zoom any law shop application in competition with machines that the government is buying from its cronies for two thousand dollars. To round out a small office computer environment, the computer hardware set-up needs a scanner, a good fast laser printer, a router to share the Internet connection with each computer in the office, a switch (not hub) to establish a network, a back-up power supply for each of the computers that stores data and a good modem for the broadband Internet connection. Yes, there is also the need for a notebook computer that can be purchased in the $1000 price range.
This paper is not written to teach the basics of computer hardware, as there are ten dollar books that can do this job and even better web sites that do this free of charge. For example, see http://www.pcmech.com/byopc/index.htm.
Relevant to the hardware considerations is cost. Persons representing indigent persons must know how to be cost conscious to stretch the hardware budget in order that the most technically advanced hardware for the buck is available. A good method for purchasing computers to use is the hand-me-down system. With that system, you periodically buy a new computer as the prime workhorse and use the older computers for tasks which can be performed by thin client boxes. Practically any computer can hook up to the Internet and most computers can run word processing programs.
The best source to determine computer component prices is http://www.pricewatch.com. A good start to determining the specification for each of the components is http://www.anandtech.com/.
There are numerous other good places to determine prices at our http://www.goextranet.net or http://www.millardfarmer.com/ sites, under the “Shopping” column.
It is only a spendthrift who picks up the phone and orders a computer from Gateway, Dell, Compaq or IBM. At times, each of these companies has bargains; but, as a rule, you will pay over-market for a computer, which in some respect contains substandard components. The advantage of purchasing from these companies is the tech support which they provide; however, these tech support services have been so curtailed with the downturn in the computer market that they are almost useless except for assistance to a person with the most limited of computer skills. Bare Bone computer boxes are usually a good buy after you obtain basic hardware skills and learn how to transfer usable components from outdated boxes.
If you wish to give your computer a free check-up, check out http://www.pcpitstop.com/ . This is not a half-bad site.
The Software For our purposes here, there will be no distinction between software that resides on the computers in our offices or homes and the programs and databases that we access through the Internet. Soon, the distinction between a software program on a computer and software on the internet will be a distinction without meaning.
An important point that we make here is that the web is being integrated into our computers and the dimensions of our computer boxes are being expanded, almost without our recognition.
There are numerous political considerations for using or not using certain computer programs. Frankly, these political issues are too complex to be addressed here, as upon careful circumspection, there are few distinctions in the jerks who are profiteering from the various programs and services. With the political differences ignored, we will attempt to touch upon some of the necessities of life for effective advocates. Hopefully, each of our skills will advance to the point that these suggestions will seem primitive, at best.
Operating System Unless you are a computer programmer who can harness Linux, there is but one realistic choice for the source of an operating system, Microsoft. The best Windows choice depends upon the components in the computer. Older computer processors cannot effectively run Windows 2000 and Windows XP. Any system that can operate these latest versions of Windows should be running one of these versions. While Windows XP is operating solidly, it would be safer to wait until January of 2002 to rely entirely on this system. When Windows XP releases to the general public in October of 2001, there will still be driver and software compatibility problems, especially on systems with older components and older computer programs.
Information Input Tools The aids necessary to input information into the computer and on to the Internet are identified as Information Input Tools.
While lawyers who do not have computer input skills are distinct obstacles to accomplishing the goal of working outside the computer, realistically, they can’t work inside the box. The obstacle of not being able to effectively input information into the computer is only a beginning obstacle to working outside the box.
The parameters of this second box that will receive the most attention here exist for persons who have the skill to input canned, form book information into the computer box, but maybe do not use the full information-gathering resources of the computer world, and after creating a document by inputting it into the computer, freeze from that point forward and do not collaborate and disseminate the pleading.
The Office XP suite by Microsoft is really the only package which should be considered by lawyers as their primary program for inputting information. As much as some law shops like and continue to use Word Perfect, once the work-horse of the legal profession, the time has long since past that this program be relegated to dealing with technically out-of-date lawyers and government employees who have Word Perfect inflicted upon them.
Without regurgitating the Microsoft spiel, Office XP is the only product that is equipped to deal with the complexities of today’s document production for an effective advocate. Microsoft Word, which is one of the main components of Office XP, easily allows the transformation of a document to a Web page using Microsoft Front Page, a very effective Web publishing program for novices.
Cost-conscious advocates need to apply their skills in understanding how to purchase Office XP without losing the company store. If you have over three computer boxes, the answer is the Microsoft licensing program, rather than the shrink wrap box. For some helpful hints, also see http://www.cheaperoffice.com/.
Information Gathering. Just as the description of the parameters of the first box, the parameters of this second box are multifaceted. One of these limiting boundaries is the restricted source of information used by lawyers to develop and write their work-product. Many of these lawyers are producing their written motions, pleadings and briefs from form books, seminar materials and previous cases only by changing the style of the case of the canned or recycled material. The parameter that deals with this antiquated method of producing written documents will be identified as Information Gathering.
All lawyers know the pricey legal databases such as Lexis, Westlaw and many of their want-to-be competitors. Few lawyers know of the lexis One free service for national state case law and federal case law research for cases within the last five years. This lexis One free service is at http://www.lexisone.com/legalresearch/lrfreecaselaw.html.
The real challenge in gathering information is harnessing the use of the many wonderful search engines that are available. The University at Albany has a great description of the best search engine to use for each occasion. Selecting a search engine is not a one-size-fits-all decision. The University at Albany’s search engine description site is located at http://library.albany.edu/internet/choose.html. This site is also easily found under the “Web Searches” column as “Choose Best Searches” title at our http://www.goextranet.net/ or http://www.millardfarmer.com/.
Collaboration Another parameter of this second box is evidenced by lawyers representing indigent persons who do not obtain the necessary resources to determine if the written work-product is adequate in achieving its goals. This parameter will be identified as Collaboration.
Without question, the pinnacle of computer needs in the legal community is for a program that allows unrestricted, full collaboration in document revision. We have track changes, we have comment aids, we have the ability to share document on the Internet, but we do not yet have all the necessary collaboration tools that are needed.
Microsoft has advanced the collaboration needs of lawyers a small step with its new SharePoint. Presently, SharePoint is too expensive to set up and maintain for the advantages it offers. This is a concept that hopefully, will lead to better collaboration.
Until the cost of SharePoint is reduced and the kinks are removed, we must thrive with some rather acceptable ways of transmitting documents. No, I am not talking about attaching documents to e-mails. For law shops, this is as outdated and dangerous as a covered wagon trip over the Rockies in the 1800s.
The effective programs to use are XDrive at http://www.xdrive.com/, mydocsonline at http://www.mydocsonline.com/ and GoToMyPC at https://www.gotomypc.com/.
There are numerous other services that allow for storage and exchange of documents on the Internet. Some additional services are listed on the http://www.goextranet.com or millardfarmer@millardfarmer.com under the “Storage” column.
Information Dissemination Yet another parameter of this second box is that the lawyer’s work-product is only written to the judge, and, thereafter, is only served upon opposing counsel and placed in the court files. Hardly, if ever, is there any consideration given to using the written work-product as a way to change community views or to explain the unfairness of the criminal justice process to the public. This parameter will be identified as Information Dissemination.
Indigent persons are generally not even sent a copy of the lawyer’s work-product after it is filed; this says nothing of indigent persons being allowed input into the work-product. It would not be an overstatement to assert that not one lawyer in a thousand translates the written documents for clients who do not use English as their primary language. Very rough translations are available cost free with computer programs. One example of one of these programs is in Microsoft Office XP. See Translating with Office XP.
How to Write a Multipurpose Document Are you reading this, or are you scanning for the information you really want? We must realize that we read very differently on the Web than we do printed material.
"Sure, some word-by-word reading does occur, but it is the exception and only happens when people are really convinced that they need a certain piece of information," says Dr. Jakob Nielsen, the leading expert on Web usability.
People read 25 percent fewer words per minute on a computer screen, Dr. Nielsen says. Therefore, according to him, it's best to write and design online content with that in mind. He goes on to say that Web writing should aim to be 50 percent shorter and use simpler language than a printed story.
"This does not mean that a Web site needs to treat a subject superficially. Infinite depth can be provided through hypertext links to secondary and tertiary pages with supplementary information," he adds.
Low resolution, slow downloads Part of the reason that people read so slowly on the Web is the low resolution of most computer screens makes reading stressful to the eyes. According to Nielsen, this problem is not likely to go away anytime soon.
"In 5 years, good screens will be common among high-end users and will probably still cost more than $1,000. In 10 years, we will all have them, and it will finally become pleasant to read online text," he says.
Dr. Nielsen also points out that despite the increase in speed over the Internet, we've yet to arrive at the point at which the Web can fulfill its promise to provide depth through hypertext.
"As long as page downloads are slower than a second, users will not feel comfortable reading hypertext," he says. "It may also take around 10 years before broadband connections are sufficiently available to ensure sub-second response times."
Links with supplemental information such as related stories, works by the same author or external sources are vital, but there remains some debate about how to incorporate them into the text.
"I am starting to believe that the best linking strategy is to put the links in the margin with a small amount of supporting text that explains what the user will find at the destination. I have not changed to this style myself yet, but I think I will do so soon," admits Dr. Nielsen.
Formatting tips Dr. Nielsen has several suggestions on how to make content work for the Web as it currently exists. For one thing, he's a big fan of breaking up breaking up blocks of text. Breaking up blocks is vital to making content easy to scan, and helps the user to zero in on exactly what they want to find out. "Plain blocks of text are deadly on a Web page," says Dr. Nielsen.
He advises splitting pieces into multiple pages, each with a clearly defined topic and using hypertext links to allow users to select those additional components that interest them the most. "As they keep clicking, they may well stay with the article longer than they would if it simply went on and on and on in a single scrolling page," he says.
Here are some other formatting methods Dr. Nielsen suggests:
Use bullet lists Though it demands succinct writing skills, developing good bullet lists is worth the trouble. After all, they can make scanning easy. Bullet lists can provide an outline of what is contained in the text, serving as links allowing the user to jump to the section they want to read. Bullet lists offer great ways to list supplementary links.
Spotlighting key words As people read on the Web in order to zone in on a specific piece of information, highlighting key words allows the reader to quickly scan text so that they can find what they're looking for.
Use attention-getting headlines and teasers Good headlines are vital to getting users to click on your stories. On a search engine, for example, a headline is probably the only thing they're going to see, so it has to be punchy and clear to get them to click. On your homepage, you've got perhaps a couple of lines more to work with, but compared to a printed piece, which is often viewed as one, integrated piece, it's still very little with which to entice.
"At the same, don't entice too hard; don't over-promise. Disappointed users won't click another time," says Dr. Nielsen.
An elusive goal While many of these suggestions may seem obvious, Dr. Nielsen maintains that few Web sites have cracked the online writing code. It's all too common a site these days to see, for example, newspaper Web sites that merely reproduce their printed content on the Web without accounting for drawbacks of online reading. According to Dr. Nielsen, even reformatting may not be enough. "The real answer is not to repurpose print content but to write original content for the Web that follows the writing style guide for online content from the beginning and that is conceived as a hypertext," he says. True, a few sites are already doing a good job with usability, he says. "USAtoday.com does well in some ways: they rewrite the headlines when they take articles from the newspaper and stick them on the Web site. Also, their printed articles are fairly short to begin with, so they work well online," he notes. Dr. Nielsen also likes the way US News & World Report's site works. "They do a good job of adding associative links to the online versions of their printed articles. Thus, you often get more out of reading their stories on the site than in the magazine," he says. Still, the majority of sites have been slow to re-think the way they present the written word. Dr. Nielsen makes an interesting observation that could explain one reason there have been so many content lay-offs recently. "One of the few areas where Web usability is close to perfect is the ease of leaving. If content does not satisfy users immediately, they just leave." Action Motions Y2K9 identifies many other factors that should be taken into consideration.
Take a look at the Akin Gump web site. This D.C. law firm has a complete posting of the documents used in defense of some of their clients. The site is http://www.akingumpcases.com/frames/indexag.htm.
What’s Hot For those who follow computer software development, it’s no revelation that some company is proclaiming to have the software solution that solves a myriad of problems. Then, when you begin to use the software and learn its shortcomings, you are quickly told that the software creator is working on that problem.
There are no programs without problems, but here are a few great programs.
12Ghosts Shredder This handy little application overwrites, renames and deletes your unwanted file, even if that file is locked. No trails are left of any compromising or confidential information, and nobody will ever be able to recover your data.
Anonymizer http://anonymizer.com/ has offered anonymous surfing services which lets Microsoft Explorer users toggle their privacy protection on and off, without having to detour to the Anonymizer site first.
It works with IE 5.0 and later versions of the Windows version of Microsoft's browser. It is available as a free download at Anonymizer.com
By switching on the Anonymizer privacy button, or going through the Web site, you hide your identity from nosy Web sites, Cottrell says. Instead of going directly to a Web site, which might collect your information and track your movements, you go first through the Anonymizer service's server. So, when you request data from a site, the Anonymizer requests it for you, filters out the nosy stuff, and then sends it on to you. Because the data takes an extra leg on its journey, the service can slow down browsing slightly. Most people will notice, but they don't mind, he says. They're more worried about protecting their information. "Even browsing at an online bookstore you're giving up your data," he says. "Plus, people are worried about identity theft." Regardless of whether you use the Privacy button or go through the Web site itself, Anonymizer offers two levels of service: free and paid. The free service is intended as a trial, Cottrell says. It offers basic safe browsing but blocks out random sites and doesn't offer extra features. For $15 every three months, or $50 annually, you get the full service. In addition to the basic services, you get URL encryption to prevent tracking by your Internet service provider or boss, safe cookies that let you accept cookies without being tracked, and advertisement-blocking.
Anonymizer isn't the only company to offer safe-browsing software or services. Others include SafeWeband Zero-Knowledge Systems. But Cottrell claims Anonymizer's new tool makes its service the only one accessible purely through your browser.
Translate a Document In Word 2002, you can translate a word, phrase, or whole document to another language by using the "Translate" task pane. To open this task pane, on the "Tools" menu point to Language and click "Translate".
With this tool, you can: Look up words or phrases in the dictionary of a different language, provided that the language dictionary is installed on your computer.
Insert translated text into your document directly from the "Translate" task pane.
Use translation services on the World Wide Web directly from the "Translate" task pane. If you need translations of longer sections of text, click the "Go" button under "Translate via the Web" from the "Translate" task pane.
Most languages (other than English and Western European) are not part of the standard installation of Word 2002, which is one of the main programs in Microsoft Office XP. If you want to use this translation feature, have your installation CDs ready.
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