Law Practice Tips
2001: A Handheld Odyssey
By Jim Calloway, Director
OBA Management Assistance Program
Many of us first thought about the year 2001 as a result of the Stanley Kubrick movie "2001: A Space Odyssey" written by Arthur C. Clarke. Another vision of the future was contained in Gene Rodenberry’s "Star Trek." Now, we are in many ways, living in the world that was predicted by those visionaries.
True, we cannot hop on a quick moon shuttle excursion nor do we send explorers off to distant galaxies. But we are now all connected by a worldwide computer system, and we have all had computers tell us, "I’m sorry, Dave, but I’m afraid I can’t do that" at least on the screen if not verbally like 2001’s HAL. And perhaps the most fascinating gadgets, the hand-held communicators of Star Trek, are now present in the form of mobile phones, which are ever more common and seem to be multiplying these days, like, well, Tribbles.
Hand-held computing devices are of great interest to lawyers. During large courtroom scheduling docket calls, there are usually one or more lawyers entering information into some small computer-like gadget and in many areas, Palm Pilots™ already now outnumber the traditional paper docket books carried by lawyers. Wireless devices abound as well. Pagers that merely beep or vibrate are becoming passe .
Lawyers often ask me, "Which is better, a laptop or a hand-held computing device?" That question is sort of like asking whether a hammer is better than a handsaw or a screwdriver. Deciding what tasks you want to accomplish is a prerequisite to determining the best tool or tools for the job. We want the best tool for a particular job. So we will spend a few minutes here outlining the various things that can be accomplished with these small devices that fit, quite literally, in the palm of your hand. But let’s start with the absolute basics.
Laptop computers are great, but if another lawyer sees you in the hall of the courthouse and asks if you have time to meet with him and his client about a possible referral tomorrow, there is no time to unzip the carrying bag, boot up your laptop, listen to the Windows theme song play and then open your case management or scheduling application. Speed and efficiency are the hallmarks of hand-held devices. But perhaps the most important attribute is availability. Because when that lawyer stops you in the courthouse hall, is it more likely that your laptop will actually be slung over your shoulder or will it be in the trunk of your parked car?
Handheld computing devices are known collectively as personal digital assistants (PDAs). Most Oklahoma lawyers who carry PDAs opt for one of the Palm Pilot™ line. PDAs are most frequently used as personal information managers, keeping track of calendaring and contact information. There is certainly a great benefit from having the address and phone of everyone with you at all times. The old fashioned method of hand writing new calendar entries in a pocket docket book and dropping it off on the secretary’s desk to search for the new additions was clearly always a waste of the secretary’s time. Very few lawyers would consider investing the time to actually manually enter names, addresses and phone numbers into a PDA. So the most important function of a PDA is the ability to easily synchronize or "sync" with your desktop computer and retrieve the calendar, contact information and other important information from the "main" computer system.
Synchronization results in all calendar entries that were entered into the PDA while out of the office being placed into the office computer network and all calendar entries that were entered into the office network system while the attorney was out of the office are similarly uploaded to the PDA. The same is true for contacts. So, if the office staff has opened several new files in your absence and input the contact information for them into your system, the information for these people will appear in your PDA after the sync is completed.
Of course, this assumes that you have all of this information stored in your computer network to transfer out to the Palm Pilot or other PDA. If you do not have this information on your computer, you obviously cannot transfer it anywhere. While the handheld PDA will come with software to accomplish this that can be loaded onto your computer, this is not usually the best software for lawyers to organize their personal information. As noted before in previous articles, my personal preference is for a law office-specific case management program. But many lawyers keep their contact information in programs like Microsoft Outlook, which will typically sync flawlessly with the PDA. There is sometimes a bit of tinkering that needs to be done to get the synchronization to operate. Usually you will have to download and install a piece of software called a conduit to allow the program to exchange information with the PDA. Most major products in these areas offer conduits for download from their Web site. So if you have a proprietary case management system, you will want to make certain that a conduit is available for PDA compatibility.
E-mail can be copied to the PDA as well. You can read your e-mail on your PDA and compose responses. You can delete e-mail after reading. You can even elect to delete e-mail from the PDA while saving a copy of the e-mail in your inbox on the office computer. All of these actions will actually be accomplished the next time you sync back with the office computer. Personally, for several reasons, I chose not to have my PDA pick up my e-mail. For the novice PDA user, I would suggest that the initial setup be not to retrieve e-mail.
There are many uses for a PDA. But just implementing the two basic functions of a PDA is worth the investment. To repeat, these are always having an electronic copy of your calendar, which has been updated that morning, and always having an electronic copy of everyone’s phone number, address, e-mail and fax number. If you never do anything with your PDA besides sync it every day and carry it with the calendar and contact info, it will justify the relatively inexpensive cost for almost every lawyer.
At CLE programs I tell the story of the lawyer who refuses to learn how to input even the simplest data into his Palm Pilot. He keeps Post-it Notes™ in his Palm case and writes new hearing dates on them while at court. When he returns to the office, the secretary first enters the new hearings from the notes and then synchs the Palm. I don’t have any real problem with that method. It is your tool, and you should use it as it best works for you.
Palm OS Devices
The most well-known hand-held devices are the Palm Pilots by Palm Inc. Their Web site is www.palm.com. A device that is very similar to the Palm is the Visor™ by Handspring. Their website is www.handspring.com. Because the Palm Pilot and the Handspring Visor use the same operating system, they are often jointly referred to as Palm OS devices. These two devices are generally thought to be 100 percent compatible and interchangeable, although there have been a few exceptions reported.
Palm Pilots still dominate the market. Originally the Visor, which hit the market later than the Palm had three main distinctions: (1) it came in designer colors, (2) it was often a bit less expensive, and (3) it had a hardware plug-in expansion slot for external Springboard modules. While all Visors have expansion slots, they are appearing on Palms as well. Costs seem to be equalizing as well.
Palm Pilots range from the top-of-the-line Palm VIIx 8MB version with wireless communication capability in more than 260 metro areas nationwide (at a street price of $350 -$450) to the older Palm IIIe which has only 2 MB of RAM but with a street price as low as $139.99.
In my estimation, the Palm IIIe should not be purchased by a lawyer. I’m also not sold on the monthly fees1 required to make the Palm VIIx worthwhile, assuming the coverage is adequate in Oklahoma City and Tulsa. As we will discuss in a moment, wireless communication handheld devices are the hot technology topic of the moment.
The budget shopper could look at the Palm IIIx which features 4MB of RAM and an Internal expansion slot (street price $189-$250). The III series is not rechargeable and does require changing of batteries. A new version, the Palm IIIc, has a color display and 8MB of RAM and a wide street price range of from $280 - $450.
The smaller, sleek and more attractive Palm V series with rechargeable batteries will be the choice of most legal professionals. Having the batteries recharge as it sits in the cradle at your desk is much more convenient than you might think. Notwithstanding its higher price of from $369 to $400+, the Palm Vx with its 8MB of RAM and faster OS seems to be a great value. According to the company, the Palm Vx can store approximately 10,000 addresses, 3,000 appointments, 3,000 to-do items, 3,000 memos and 400 e-mails. The Palm V with only 2MB of RAM and a street price of $320-$380 doesn’t really compare well.
Handspring Visors have a similar product range, including: the $450 Visor Prism with a 65,000 color display, rechargeable batteries and 8MB of RAM, the $299 Visor Platinum with 8MB of RAM requiring AAA batteries, the $249 Visor Deluxe (same specifications as Platinum, but slower), and the original basic Visor (if you can locate it) with 2MB of RAM at $179.
Space limitations prevent us from going into depth into the various Web-enabled phones. But we have also seen reviews for the new Handspring VisorPhone.
Windows CE and Pocket PC Devices
Microsoft has had its CE operating system for handheld devices available for a few years. Many people swore by these devices, although the reviews were definitely mixed.
In April 2000 Microsoft unveiled the Pocket PC operating system. This new OS has received universally good reviews, and one has to question whether one should purchase a handheld based on the "old" Windows CE now.
In one of my opening paragraphs, we mentioned the right tool for the right job. In considering the purchase of a Palm OS device vs. a Pocket PC, it is important to analyze just how you will use your handheld. Many busy lawyers will actually determine that "less is more" and a quick and simple reference to calendar and contact information totally serves their needs. Truly a Pocket PC has more computer functionality. It will do things that the Palm cannot easily do like play video and audio clips. It is also somewhat more complex to operate.
We do not have enough experience with Pocket PC devices to discuss them, but we will at least mention a couple of product lines.
It is dangerous to single out one product as "the best," particularly when one has not personally used a review device for evaluation. But, many trade industry reviews and one lawyer from Tulsa have all pointed to the Compaq iPaq H3650 Pocket PC as a top contender. The list price is $500, although many vendors have it priced higher. It has a 206 MHz processor and 32 MB of RAM and a brilliant color display. This is Compaq Corporation’s first entry into the handheld market. It has speakers, but some have noted that plugging in headphones is a better listening experience.
Two other Pocket PCs that have been well received are the HP Jornada and the Casio Cassiopeia lines.
Some believe that Pocket PC will eventually dominate the handheld market. Others think that the Palm OS devices are firmly entrenched. Worrying about what the market will be in a few years merely serves as an excuse to delay purchasing a handheld today. Remember that the next time you have to call your office and waste 15 minutes when all you need is a client phone number.
Palm OS — Beyond the basics
Having now covered the basics, let’s cover a few of the more interesting things that a Palm Pilot can do and some of the additional software packages available. There are countless Palm applications available on the Internet. Some of these are quite useful. Other are downright silly like the application that makes your Palm display screen shiny so you can use it as a hand mirror. The free downloadables are sometimes called "hacks," which has nothing to do with computer hackers. Installing Palm software is usually very simple. You just put the software in the proper folder, and it is installed on the next sync.
We will mention a few Palm add-ons. We are leaving out many more. But here are some interesting things you can do with your Palm Pilot and, in some cases, other handhelds.
1) Capture Internet content with products like Advantgo.™ Do you have a long boring day ahead sitting in court waiting for your case to be called? Use Advantgo to download some reading material from the Internet to your handheld. Maybe you would like to peruse the New York Times online edition or read some restaurant reviews or some stock market information. Maybe you would like to get travel information from a location like www.trip.com or maps from www.mapquest.com. The personal version of Advantgo is free and downloadable from advantgo.com. It works with the Palm OS, Windows CE devices and even Web- enabled mobile phones. For those who do not have wireless capability, each sync with your computer will update the web content you have designated. So, if you do not have time to read your favorite online news service for a few days, the latest version should still be on your PDA each day. Larger firms might want to examine their Enterprise Edition that allows you to send wireless content out to lawyers in the field.
2) Attach a Global Positioning Satellite (GPS) to your Palm Pilot to keep track of your location. This writer has never tried this and perhaps never will. But others have made the connection and assure me it works. It does seem like something out of a science fiction magazine. But the GPS system does allow you to keep track of your location anywhere and many intrepid explorers have attached GPS devices to their PDAs and have interactive real-time maps displayed on their PDAs as they travel.
3) Keyboard anyone? Entering data into a Palm Pilot outside of the office is done by a modified handwriting system called Graffiti. This is generally acceptable for short notes and docket entries. Many lawyers have become quite proficient at Graffiti. For those who refuse to learn Graffiti, there is a virtual keyboard that allows one to use the Palm stylist to tap out short entries letter by letter. However, this is a slow process. There are many times that it would be easy and convenient if the Palm Pilot came with a keyboard. So one can purchase products like the Stowaway™ keyboard from www.thinkoutside.com. These are very useful for taking notes in continuing legal education programs and meetings where there is a typing surface available. The notes can be saved on the Palm or transferred to your main computer later.
4) Time entries on the fly. Entering your time records in your Palm Pilot and then synchronizing them when you get back to the office sounds like a dream for some lawyers. With the standard configuration of a Palm you can make notes of your timekeeping. At least two vendors are promoting complete time entry on the road. Check out www.timereporter.com and www.timesolv.com for more information.
5. Work on "real documents" on your handheld. A product called Documents To Go lets you edit your files on the Palm handheld anywhere, anytime. Once back at the office, just press the HotSync button to synchronize your changes with the desktop computer. Quickly view and edit your important files anytime, anywhere. Synchronize changes between your desktop and handheld documents. Handheld files retain formatting such as bold, italics, underlines, justifications, indentations, auto bulleting and numbering — even tables. It’s compatible with Windows and Mac and sells for $49.95. See www.dataviz.com for more information.
Wireless Handheld Internet Access
Wireless Internet access is truly a bright promise of the future. The question is when it will be available, useful and practical. That really depends on several variables. A recent front page story in the Norman Transcript promised citywide wireless Net access fairly soon, followed by near statewide access, all at a reasonable price through your local municipal government.
Let’s look at the promise of true portable wireless Net access. During a jury trial, the second chair attorney, or perhaps experienced paralegal, sits at the counsel table with a wireless Internet connection on the laptop. A witness gives unanticipated testimony about being required to take some action by a federal regulation. The online federal regulations are accessed and searched, revealing three likely possibilities, none of which seem to require what the witness said. During the beginning of cross examination, the witness is asked about and discloses the number of the federal regulation. The regulation is then printed out from the Internet on the silent portable printer and within a few moments, the witness is being asked about the regulation while all parties have a paper copy in their hand for reference.
As testimony continues, it becomes obvious that the trial is progressing much faster than anyone anticipated and one of the witnesses scheduled for tomorrow will be needed this afternoon. A quick e-mail back to the office starts the process of notifying the witness. Meanwhile an emergency has developed back at the office regarding another case and the office sends an e-mail summary of the problem for the lawyer to deal with over the lunch break. Next, an unanticipated question of admissibility of evidence occurs. Opposing counsel cites a recent court decision in support of her position. A quick trip to the www.oscn.net yields a full-text print out of the case.
There can be no doubt that complete wireless Internet access on a laptop computer will be a very useful tool, at least for the trial lawyers or those whose positions require a lot of travel. Some lucky lawyers in some areas of the country already have this. At least one presentation at ABA Techshow last year featured an Internet presentation with a wireless modem and laptop.
But for now, we will mostly have to contend with less-than-complete wireless net access for our handheld computing devices. Generally speaking wireless access is only available in the Oklahoma City and Tulsa areas, if there. Still there are some useful and interesting tools available now in the marketplace, and some that should be available here very soon.
At first pagers merely beeped or vibrated and displayed a phone number. For some time now, technology has allowed sending e-mail messages which can be displayed on the pager. Many lawyers have their mobile phones set up to receive e-mails.
But the hot item in this arena now is two-way paging where the one carrying the pager can use it to type and send back reply e-mail messages. The "keyboard" on a pager is very tiny, but with a little creativity, one can sent fairly short, but understandable, replies.
The Blackberry two-way pagers from Research in Motion (RIM) (www.rim.net) show just how interesting "always on" wireless Internet and e-mail access will be. RIM Wireless Handhelds™ allow you to send and receive wireless e-mail from the palm of your hand. These handhelds are designed to remain on and continuously connected to the wireless network, allowing you to be discreetly notified as new e-mail arrives. People who have tested these have loved them.
Conclusion
It is mind boggling to think of the future of handheld computing devices. We may all soon have wearable computers or wireless devices the size of a credit card.
However, the Palm OS devices are being well used today by many of your fellow attorneys. Pocket PC devices are growing in popularity. These devices are clearly ready for prime time. Think about benefiting from these tools now, not next year.
For more information on Palm OS devices and many links visit http://directory.google.com/Top/Computers/Systems/Handhelds/Palm_OS.
1. This is done through Palm Net wireless communications network at a monthly fee. While Oklahoma City and Tulsa appear to be among the 260 cities, I would strongly urge confirming this and getting price information on the Palm.net service before taking this leap.
