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COnTEnTS vii
Case and Practice Management Software 291 Duty to Supplement 337

Managing the Case 292 Production of Documents or Things 338
Using Case Management Systems 296 Depositions 340
File Access and Confidentiality 296 Rule 30(b). Deposition 341
Conflict of Interest Checks 297 Compliance and Court Intervention 342
Input—Entering Information 298 Complying with Discovery Requests 342
Output—Reports 300 Obtaining Compliance with Discovery
Case Analysis Software 300 Requests 342
TimeLines in Litigation 302 Protecting Confidential or Privileged
Integration with Case Management Materials 344
Software 303 Privilege in Electronic Discovery 345
Learning Resources 303 Claim of Privilege 345
Key Terms 306 Claw-Back Provisions 347
Chapter Summary 306 Limits on the Waiver of Privilege by Inadvertent
Review Questions and Exercises 307 Disclosure: FRE Rule 502 348
Internet and Technology Exercises 307 Metadata 353
Chapter Opening Scenario Case Study 308 Key Terms 355
Continuing Cases and Exercises 308 Chapter Summary 355
Building Your Professional Portfolio 308 Review Questions and Exercises 356
Internet and Technology Exercises 357
ChapTer 10 appenDix Video case studies 357
Casemap Tutorial 309 Chapter Opening Scenario Case Study 358
Continuing Cases and Exercises 358
Building Your Professional Portfolio 358
ChapTer 11
The Changing Face of
Discovery and the Basics of ChapTer 12
E-Discovery 317 Evolving Issues in
Learning Objectives 316 E-Discovery 361
Introduction To The Basics of E-Discovery 317 Learning Objectives 360
Discovery in the Technological Age 318 Introduction to the Evolving Issues
Purposes of Discovery 319 in E-Discovery 362
Case Evaluation 320 Preserving Electronically Stored Information 363
Preparing for Trial 320 Document Management 363
Facilitating Settlement 321 Litigation Hold 363
Rules of Court and Rules of Evidence 321 The Duty to Preserve Evidence 365
Electronic Documents and Discovery 325 Spoliation 369
Discovery in Transition 326 Destruction of Electronic Records 369
Amendments to the Federal Rules of Civil Sanctions for Spoliation 371
Procedure 327 Record Retention 373
Procedures and TimeLines in Discovery 329 Spoliation Remedies 376
Attorney “Meet and Confer” Conference 329 Cooperation in Discovery 378
Issues Involving Meet and Confer 332 Proportionality 380
The Scope of Discovery 333 Key Terms 381
Mandatory Disclosure Requirements 336 Chapter Summary 381
Information Subject to Mandatory Review Questions and Exercises 383
Disclosure 336 Internet and Technology Exercises 383
Expert Witnesses 337 Video case studies 383
Limiting Provisions 337 Chapter Opening Scenario Case Study 384
viii COnTEnTS
Continuing Cases and Exercises 384 Graphic Image File Formats 427
Building Your Professional Portfolio 384 Comparison of PDF and TIFF 427
Hidden Content in a PDF 428
Document Processing 429
ChapTer 13
Reducing ESI to Manageable Levels 430
E-Discovery—The
Document Coding 430
Process 387
Privilege Review 432
Learning Objectives 386 Conducting the Privilege Review 435
Introduction to Evidence and Discovery 387 Redaction 435
Electronic Discovery—the Process 388 Privilege Logs 436
Information Management 392 Document Authentication 438
The Cost of Saving Electronically Stored Key Terms 444
Information 394
Chapter Summary 444
Identification 395
Review Questions and Exercises 446
Locating Evidence 395
Using Discovery to Find Evidence of Destroyed
Chapter Opening Scenario Case Study 447
Documents 396
Using Interrogatories to Find Information 397
Using Rule 30 Depositions to Find Information 398
Collection 402
Search Queries 402 ChapTer 15
Other search types include: 404
The Electronic
Text Retrieval Conference 405
Courtroom 449
Sampling 405
Technology Assisted Review 407 Learning Objectives 448
Computer Forensics 409 Introduction to the Electronic Courtroom 450
Chain of Custody 411 The Electronic Courtroom 451
Resources to Support E-Discovery 411 The Wired Courtroom 455
Service Companies 411 Judge Control of Multimedia During Trial 455
Key Terms 414 Limitations on Presentation Graphics 459
Chapter Summary 414 Working with Courthouse Technology
Staff 465
Clearing Equipment with Security 465
What Happens when the Lights Go Out 466
Video case studies 417
Key Terms 466
Chapter Summary 467
ChapTer 14 Continuing Cases and Exercises 468
Analysis and Review Building Your Professional Portfolio 468
of E-Discovery 419
Learning Objectives 418
ChapTer 16
Introduction to Analysis and Review of
E-Discovery 419 Presentation and Trial
Reviewing Electronic Documents 420 Graphics 471
The Delivery of ESI 421 Learning Objectives 470
Metadata In Document Production 422 Introduction to Presentation and Trial
Obtaining Documents via Paper Discovery 426 Graphics 471
Scanning Documents 427 Graphics and Presentations in Litigation 472
COnTEnTS ix
Using Office Suite Applications 473 Using Technology to Present the Case 514
Spreadsheets 473 Presentation Programs 514
Electronic Databases 475 Bringing It All Together 517
Word Processor 475 Create A Court Presentation 517
Program Integration 477 Organizing Files in Sanction 519
Creating A Powerpoint Presentation 479 Special Features and Tools 519
Slide Transitions 480 Key Term 521
Inserting Graphics and Sound 480 Chapter Summary 521
Editing Graphic Elements 481 Review Questions and Exercises 521
PowerPoint Tutorials 481 Internet and Technology Exercises 522
Graphics Applications 482 Video case studies 522
Microsoft Visio 482 Chapter Opening Scenario
SmartDraw 482 Case Study 522
Graphic tools 484 Continuing Cases and Exercises 523
Creating a SmartDraw Graphic 486 Building Your Professional Portfolio 523
Key Terms 490 ChapTer 17 appenDix
Chapter Summary 490
Sanction Tutorial 524
Video case studies 491 appenDix i
Chapter Opening Scenario Case Study 491 Chapter Opening Case Study 536
appenDix ii
ChapTer 16 appenDix Comprehensive Case Studies 538
PowerPoint Tutorial 493
appenDix ii
SmartDraw Tutorial 503 Supplemental Case Studies 580
ChapTer 17 GLOSSARY 596

Electronic Trial InDEx 605
Presentation 513 CREDITS 613
Learning Objectives 512

Introduction To Electronic Trial Presentation 513
Learning ObjeCTives
The following list describes the outcomes you should expect from completing the
course or reading this book.
1. Describe the impact and use of technology by the legal profession and the
courts.
2. Explain the ethical issues in using technology in the practice of law.
3. Describe the different types of software and hardware used by the legal team.
4. Explain the use of the Internet and cloud computing in the law office and
the courthouse.
5. Describe how to use word processing tools and specialty features.
6. Describe how to use spreadsheet programs and create specialty spreadsheets
for use in the law office.
7. Explain the functions and uses of databases in the law office.
8. Describe how technology can improve efficiency and effectiveness in the
legal workplace.
9. Explain the value of office management programs for the efficient operation
of the law office.
10. Describe the value and use of case management programs.
11. Explain how technology has changed discovery practice.
12. Describe the obligations and issues in the preservation of electronically
stored information and the potential sanctions for its spoliation.
13. Explain the electronic discovery process and the issues in discovering rel-
evant electronically stored evidence.
14. Describe the ethical issues in the review of electronically stored information.
15. Describe the elements of the electronic courtroom and their uses by the legal
team.
16. Explain the value of the use of graphics in litigation and create a PowerPoint
presentation.
17. Describe the use of trial presentation programs and create an electronic trial
presentation.
x
PrefaCe
■ From The auThor

In prior editions I have commented that change was a certainty. The rate of
change in the use and impact of technology on the practice of law and the ad-
ministration of justice has increased at an accelerated pace in the past decade.
When I was writing the first and second editions, changes occurred slowly, with
significant changes occurring every few years. During the editing of the third
edition, software changes became an annual event. With the fourth edition, a
new paridigm must be faced: Software updates can occur at any time. No longer
is it just the annual update, but in some cases weekly or monthly to fix security
or other “bugs,” to multiple times a year to add features or to enable the program
to run on different hardware platforms. The most notable are the changes in the
adoption and use of computer hardware, including smartphones, tablets of all
sizes and makes, and most notably the adoption by a large portion of the legal
community of the Apple product line, including the Apple iPhone and iPad.
The use of the Internet has also evolved from very basic functionality to a
sophisticated method for legal research, remote storage of data, and a source of
software-solutions-on-demand in the form of cloud computing. Where few law
offices had an Internet presence just a few years ago, almost every attorney—from
solo practitioners to the largest firms—now has a website, and many use social
media like Facebook, LinkedIn, and Twitter to communicate with current and
potential clients.
We have also seen a major shift in the past few years from paper-based sys-
tems to a paperless working environment with documents stored remotely using
cloud-based server solutions. Individuals as well as corporate clients are using
computers and the Internet for everything from written communication and
audio-video chats to the creation and storage of personal and business informa-
tion. Increasingly, the courts are also shifting to a paperless process utillizing the
Internet, with most now mandating the use of electronic filing.
For those in the legal profession, the change from paper files and court dock-
ets to electronic files and computerized document storage requires learning new
skills, as well as learning to use the enhanced features of older, more familiar
computer programs. Today, obtaining and keeping a position as a legal profes-
sional requires understanding the role of technology and its use by the courts, law
offices, and clients.
As courts require electronic filing in both the federal and state jurisdictions,
the legal team must be prepared to learn the specific systems dictated by their lo-
cal courts. Without a national standard, this may require the legal team to learn
different systems used in the various courts in which they practice. These changes
spur the introduction of new or enhanced software and hardware. The successful
member of the legal team—whether paralegal, litigation support, or lawyer—
must understand the basic functions of the software, the ethical issues related to
the use of technology (particularly in the area of Internet usage), the process of
electronic discovery, and be prepared to learn the new and enhanced features of
these tools. The ability to adapt and learn new features and programs, including
xi
those required by the courts and by clients, is a critical soft skill that every legal
professional must develop.
In a competitive work environment, it is important that students have ex-
perience using the actual software found in the workplace in order to develop
an understanding of how these programs are used. Through the courtesy of many
legal software providers, we are fortunate to be able to provide actual versions of
the software used in law office on the Goldman Technology Resources Website.
To provide real-world work experience, we have created a virtual law office
internship experience in a new online course called CourseConnect with the
Virtual Law Office Experience. This multimedia environment simulates the ac-
tual working experience of a paralegal shadowing a supervising attorney or senior
paralegal. Videos pertaining to many areas of practice allow the student to ob-
serve what goes on behind closed doors in client interviews, meetings with judges
in chambers, the deposition room, arbitration, and trial. Cases are followed from
initial client meeting, with students preparing a complete portfolio of documents
and work product that may be used in applying for positions in law firms and
for reference in the workplace. The Virtual Law Office Experience modules are
housed in the Technology in the Law Office CourseConnect course.
With accelerated changes in software and hardware has come the enhanced
need to prepare students to address and adapt to the changes. In this edition, an
enhanced emphasis is on teaching students how to use the training tutorials and
help functions in the software, rather than on how to execute rote keystroke in-
structions. Key learning objectives are provided as part of new hands-on tutorials
keyed to specific functions with visual cues to help find resources as these features
evolve or change. Many instructors and students have told me that learning how
to find and use help programs is the most important skill that they developed
while using this text. Working paralegals have emphasized to me that an under-
standing of the basic programs enables new employees to get up to speed in the
workplace quickly.
The practice of law is evolving more quickly than ever before as electronic
tools provide new methods of creation, storage, production, and access to in-
formation by clients, lawyers, and the courts. The courts are imposing greater
responsibilities on the legal team to understand technology applications and to
monitor their use not only internally, but by clients as well. Even the smallest law
firms must be aware of the new rules of procedure and evidence to avoid court
sanctions and ethical violations. As with prior editions, I have added contempo-
rary material on the ethical implications of using technology in legal practice in
response to the ABA ethics rules and the increased number of ethical violations
reported in cases and in the press. I hope that references throughout the text to
the potential ethical impact of each application will help students avoid major
problems in practice.
Change in the law is also inevitable. We were first introduced to the “new”
federal rules in December 2006: a restatement of the “new” rules and the passage
of the new rule of evidence, section 502. Over the past few years the rules have
been tested and interpreted, resulting in a new set of proposed federal rules or
xii
modifications that will move through the rules process towards adoption over the
next few years. The four chapters of coverage on electronic discovery provided
a foundation for which the rules have developed and been applied and out of
which changes have developed. Case law also continues to evolve in this area,
so while there is no absolute set of rules to follow, there are some well-reasoned
opinions that can be used as a starting point for further research and guidance.
In addition, I have also addressed the growing field of litigation support, which is
becoming a major area of practice support.
This edition continues to provide a basic foundation in legal technology ap-
plications. Sources of help and references for learning about new programs, fea-
tures, and changes in the law relating to electronic applications are provided in
every chapter. You will also find a wealth of new video and print tutorials online
at the Goldman Technology Resources Website at www.pearsonhighered.com/
goldman.
Thomas F. Goldman
xiii
OrganizaTiOn Of The bOOk
UNIT ONE—THE FUNDAMENTALS presents an introduction to the use

of computers and technology in the practice of law, including an overview of
the ethical issues facing the legal team. For the new paralegal, the information
technologist, or the lawyer quickly trying to come up to speed with the use of
technology and computers, this unit covers:
Chapter 1 Technology in the Law Office
Chapter 2 Legal Ethics in a Technology Age
Chapter 3 Computers in the Law Office
Chapter 4 The Internet, the Cloud, and Communications
UNIT TWO—THE BUILDING BLOCKS shows the uses of law-related

applications software that are the building blocks on which all other specialty
applications software is built: the database, the word processor, and the spread-
sheet. With these conceptual building blocks in mind, students, paralegals, and
lawyers have a better understanding about how to use the more complex software
applications built around these building blocks.
Chapter 5 Word Processing
Chapter 6 Spreadsheets
Chapter 7 Electronic Databases
Chapter 8 Utilities, Applications, and Tools
UNIT THREE—SPECIALTY APPLICATIONS SOFTWARE offers an

introduction to some of the classes of specialty applications software in use in the
law office and the court system.
Chapter 9 Office Management Software
Chapter 10 Case Organization and Management Software
UNIT FOUR—E-DISCOVERY provides an overview of the underlying court

rules and judicial interpretations in the rapidly evolving electronic discovery
process. Without a national standard, it is important to understand the underly-
ing court rules and the judicial interpretation of those rules as they apply to the
duties and obligations of the legal team.
Chapter 11 The Changing Face of Discovery and the Basics of E-Discovery
Chapter 12 Evolving Issues in E-Discovery
Chapter 13 E-Discovery—The Process
Chapter 14 Analysis and Review of E-Discovery
UNIT FOUR—COMPUTER APPLICATIONS IN LITIGATION presents

the ways in which technology is being used by the courts and by litigators and
suggests how it may be used in the future.
Chapter 15 The Electronic Courtroom
Chapter 16 Presentation and Trial Graphics
Chapter 17 Electronic Trial Presentation
xiv
new TO The fOurTh ediTiOn
The entire text has been revised to reflect the changes in software and hardware found in the legal commu-
nity, with comparisons and references to prior versions that may still be in use in some workplaces, such as the
additional coverage of cloud-based application like Office 365, the Microsoft cloud-based software as a service,
that may be used in place of Office 2013, or previous versions like Office 2010 or even 2007. The application of
technology across the practice of law has continued to accelerate at an accelerating rate. Changes are reflected in
sources and methods of updating skills and knowledge while on the job.
For instructors, a completed revised instructor manual has been prepared using a new format to make it useful
as a classroom and lecture guide
Every chapter has been revised to reflect current technology issues and practice. Among these changes are:
ChapTer 2 eThiCs
As the use of technology has impacted the practice of law, the ethical rules guiding the practice have also changed.
Chapter 2 has been revised to reflect the changes required by the revision to the ABA ethics rules on technology
including state court requirements such as those of the Delaware courts.
ChapTer 4 The inTerneT, The ClouD, anD CommuniCaTions

Chapter 4 has been rewritten to consolidate some material from chapter 5 of the third edition, to meet the request
of users who wanted the chapter to stand on its own as a single chapter for assignment of the concepts. Court and
technology have been added as a new learning objective.
ChapTer 5 WorD proCessinG

Revised and updated to reflect currently available versions of popular Microsoft Word and WordPerfect software
including the cloud-based Office 365 Tools, including notetaking and collaboration.
Tutorials have been revised to include specific learning objective for completion of common tasks:
1. Create blank Word document
2. Create custom margins
3. Set heading styles
4. Start new page in document
5. Use shortcut to enter a page break
6. Create Table of Contents
7. Add page numbers
8. Update Table of Contents
9. Determine document word count
10. Insert picture in a document
11. Create PDF copy of document using different methods
12. Select document compare settings
13. Select the documents to compare
14. Combined compared documents
15. Select primary document to combine other documents into
xv
16. Insert footer
17. Insert watermark
Specific Tutorials with related sample files are available online for task completion with addition detailed learning
objectives on:
Create a new blank Word document
Create a settlement brochure with a table of contents
Compare Documents-Collaboration Tools
ChapTer 6 spreaDsheeTs
Revised and updated to reflect currently available versions of popular Microsoft Excel and Corel Quatro software.
Content has been revised to improve the learning flow from basic to advanced concepts.
Tutorials have been revised to include specific learning objectives for completion of common tasks:
1. Create a new Excel spreadsheet.
2. Add labels to columns.
3. Create a formula to add a column of values before values are inserted.
4. Create a formula to add values when values are already inserted.
5. Add a formula to other cells using the copy and paste function.
6. Add a formula to a row.
7. Total non-continuous rows.
8. Insert a formula to calculate an average.
9. Insert new columns.
10. Format cells with currency style.
11. Rename workbook sheets.
12. Create a summary worksheet.
13. Create link between worksheets and summary worksheet.
14. Add a table format style to a worksheet.
15. Create a chart from a range of values in a worksheet.
16. Find a spreadsheet template online.
17. Edit text using the formula bar.
18. Edit cell information containing a formula.
19. Use sample data to test formulas.
20. Align column labels.
21. Format cell contents using short date.
22. Entered date sequence using the shortcut tools.
23. Fill cells with text automatically.
24. Create sequential numbering of rows.
25. Duplicate worksheet contents.
26. Create formula in master worksheet to add totals from other worksheets.
27. Freeze row headings.
28. Sort data in columns.
29. Filter data.
xvi
Specific Tutorials with related sample files are available on line for task completion with addition detailed
learning objectives on:
A. Family Budget (family law related exercise)

B. Timekeeping Using Template (office management function)
C. Create a Timekeeping Spreadsheet (office management function)
D. Case File Data (litigation exercise)
ChapTer 8 uTiliTies, appliCaTions anD Tools

Chapter 8 is a new chapter providing specific coverage of the tools and techniques frequently used to promote ef-
ficiency and effectiveness in the legal workplace. As the capabilities of hardware and software have advanced, the
demands for use of these tools has increased by employers and clients requiring the skills of all in the legal com-
munity, from paralegals to lawyers:
PDF
OCR-Optical character recognition
Document Scanning
Encryption
File compression programs
ChapTer 9 oFFiCe manaGemenT soFTWare

As clients demand lower fees and office must work more efficiently they have sought solutions to help. Increasingly
law firms are adapting from the business community the use of project management. This chapter introduces the
concept and application of: Legal project management, including samples that may be applied to using case study
material provided in the text.
ChapTer 10 Case orGanizaTion anD manaGemenT

One of the most widely adopted and used software programs in the legal community is LexisNexis CaseMap. The
program has all the related programs such as TimeMaps are available as free student download, a direct link is pro-
vided on the Technology Resources Website to the programs and training material. A set of learing objectives and
visual tutorial is provided in this chapter.
Tutorials have been revised to include specific learning objective for completion of common tasks:
1. Start CaseMap.
2. Start new case wizard.
3. Use wizard to set up new case information.
4. Use jumpstart to enter parties in case.
5. Enter names of parties.
6. Enter names of organizations involved.
7. Add facts.
8. Add objects.
9. Add issues.
xvii
10. Print CaseMap report.
11. Send facts to TimeMap to create a timeline.
12. Annotate TimeMap timeline with pictures.
13. Resize and position pictures in timeline.
14. Save TimeMap as TimeMap file.
15. Save timeline as pdf file of TimeMap visual.
16. Create PowerPoint presentation from TimeMap.
ChapTers 11–14 eleCTroniC DisCovery

These chapters offer a foundation for further study of the topic. Seminal cases have been retained and cases
reflecting changes in the courts approach and enforcement of the rules and the related ethical issues added.
Among the changes is the use of technlogy in the search function reflected in the new coverage of TAR or tech-
nology assisted review and new Advice from the Field features.
xviii
TexTbOOk feaTures
■ openinG sCenarios OPENING SCENARIO

Mrs. Hannah had worked in large, center-city law firms for twenty years,
rising to the level of senior paralegal. In the course of working on a
Each chapter contains a scenario designed to focus the reader case for which she was responsible for technical support, she met Owen
on the relationship of the chapter content to law office practice. Mason, an attorney fresh out of law school. Owen had just passed the
bar, and was clerking for a federal judge. He confided in Mrs. Hannah
The scenarios follow the activities of a fictional law office starting that after many months of sitting in on the judge’s cases and watching
the trial attorneys in action, he wanted to open his own firm and try
from scratch. realized
how much he didn’t know about setting up a law office when he started
looking around at actual law offices in the area. He said, “I can do the
■ leGal soFTWare CoveraGe never thought about or had to worry about when I was clerking for the
He asked Mrs. Hannah if she would help him, and offered her employ-
Material covered in the book has been divided into chapters rep- ment with his new firm. She agreed to leave her current law firm—not only
for the challenge of establishing a new office, but also for a chance to work
resenting functional aspects of the use of technology. The core closer to home.
Owen’s first question to her was, “What do I need at the minimum,
programs found in legal specialty applications software, including and what tools will help me manage a practice if I am frequently out of the
office trying cases?”
word processing, electronic spreadsheets, and databases, are cov-
ered from the view of the law office application and the specific
features and applications commonly used in the legal environment. Specialty applications software is divided into
classifications and covered by class, including law office applications, case management, litigation support, and
presentation graphics. Emerging topics covered are use of the Internet, the paperless office, the electronic court-
room, and electronic research. Contemporary legal software programs are presented, where applicable, with an
overview of the software and end-of-chapter exercises utilizing real-world software. Tutorial learning modules can
be downloaded from the Technology Resources Website to ensure that the latest versions are covered and taught.
A primary learning objective of the end-of-chapter software exercises is teaching the student how to use the built-
in Help features of software programs, how to locate and use the training materials available from the software
vendor, how to learn new or rarely used features of the program, and when to call for outside assistance.
■ enD-oF-ChapTer exerCises anD maTerials

End-of-chapter practice materials, continuing case studies, and two comprehensive case studies reflect the actual
information and documents frequently found in legal practice and use the appropriate application software.
■ GeTTinG reaDy To use soFTWare

To prepare your computer for some of the software learning modules, you will need to select “plug-ins” and “view-
ers.” Okay, so I started with the geek talk already. These and the other technical terms are explained in the text
itself, in the Frequently Asked Questions appendix located on the Technology Resources Website, and in the
technical Glossary.
For some of the advanced software learning topics, you will need Microsoft Internet Explorer. To view the
webinars in certain software learning modules, you will need the WebEx Player. To hear the sound files, you will
need one of the sound programs available, such as SoundRec, iTunes, MS Media Player, or a similar program.
Again, all of these will be explained in the Technology Resources Website. You may want to take a moment to
check your computer for these plug-ins and viewers and download them before you start the first chapter.
Lessons in the chapters on word processing, spreadsheets, databases, and presentation graphics require the
student to have a copy of Microsoft Office in order to access the Microsoft Internet site. Microsoft makes available
a “test drive” version of Office 365 at http://office.microsoft.com/en-us/try/.
xix
Student Warning
Do not download software until told to do so by your instructor. Some of the programs are time-limited, mean-
ing that you can download them only once or twice, or that they will be active for a period of only 30, 90, or 120
days. Download too early, and you may not have access to the software when it is time to use the software in the
course.
Technology Resources Website

Students can download the latest (time-limited) versions of the most popular legal software from the open
access Technology Resources Website at www.pearsonhighered.com/goldman. There you will find links to
software tutorials, video overviews, teaching notes, and a variety of other useful resources, including forms for
requesting lab copies of software from vendors.
xx
TeChnOLOgy resOurCes websiTe dOwnLOads
■ oFFiCe manaGemenT anD aCCounTinG soFTWare

Office management and accounting software is used extensively in most law firms, from the sole practitioner to
large, multi-office practices. Such software is used to keep accurate calendars of appointments, schedules, and
deadlines; to track time and billing information, client funds, and costs; and to prepare accurate billing records.
AbabacusLaw, Tab3 and Clio are three well known programs.
■ Case orGanizaTion anD manaGemenT soFTWare

Case management software can be used to organize the cast of characters in a case, the documents, the relevant
timetables, the issues, the legal authorities, and other desired information. Top programs include LexisNexis
CaseMap and LexisNexis TimeMap.
■ presenTaTion anD Trial GraphiCs soFTWare

Graphic-creation programs such as SmartDraw are used to create graphics for either stand-alone presentations
or as part of a graphics presentation, such as a PowerPoint presentation. The obvious advantage to this class of
software is the ability of the legal team to create its own graphics without the need of graphic artists and outside
consultants.
■ The eleCTroniC CourThouse

Litigation support software such as Sanction and TrialDirector are used in trial to display documentary evidence,
graphic presentations, and simulations of accident cases in court. Relevant portions of illustrations and documents
can be displayed as a witness testifies without the need to pass around paper copies to everyone.
■ DoWnloaDable anD prinTable soFTWare TuTorials

The author has created tutorials for several of the most commonly used software packages, including Word,
PowerPoint, Excel, AbacusLaw, SmartDraw, Sanction, and CaseMap. These tutorials make it easy for students
to get started using the programs.
■ exTenDeD usaGe soFTWare anD paCkaGes:

AbacusLaw Tutorial and Guide with 3-year Access Code ISBN: 0-13-249071-4
SmartDraw VP Tutorial and Guide with Access Code ISBN: 0-13-276284-6
SmartDraw VP Access Code ISBN: 0-13-702616-1
xxi
COurseCOnneCT OnLine COurse wiTh The virTuaL Law OffiCe
exPerienCe fOr TeChnOLOgy in The Law OffiCe
CourseConnect offers complete online courses that run on common school LMS platforms such as Blackboard,
Angel, Canvas, D2L, Sakai, and others. Courses contain interactive lessons covering core topics with assignments
and discussion board suggestions using a methodology designed to increase student retention and success in any
classroom environment.
Courses and topics are crafted by experts from each discipline and contain a variety of interactive mul-
timedia elements, all levels of cognitive assessments, assignments, discussion questions, MP3 downloadable
lectures and detailed instructor resource guides. CourseConnect with the Virtual Law Office Experience is
your total online and blended learning solution designed to provide students with the tools they need to
confirm their mastery of legal concepts and applications, and then apply their knowledge and skills in a
workplace context.
For the instructor CourseConnect courses are accompanied by a complete set of instructor materials including
sample sylabi, lesson plans, and assignments with time-on-task estimates for all activities to assist with acredita-
tion applications.
■ virTual laW oFFiCe experienCe in CourseConneCT

Housed within the Media Index in in the course are the complete Virtual Law Office Experience modules.
Students watch realistic video scenarios, work with case files and documents, and use the technology tools found
in the law office to do the work a paralegal will be asked to do in practice. Throughout the course, students build a
portfolio of work that demonstrates that they have the training and experience employers are looking for.
■ Students engage in a workplace experience as a law office intern.
■ Students can see technology being used in the law

office and develop an understanding of how best to
deploy technology in practice.
xxii
■ Students build a comprehensive portfolio of workplace products to show potential employers.
68%3
ATTORNEY OR PARTY WITHOUT ATTORNEY 1DPH6WDWH%DUQXPEHUDQGDGGUHVV )25&285786(21/< Exhibit 9.1 Motion for Summary Judgment
UNITED STATES DISTRICT COURT - NORTHERN DISTRICT OF NEW YORK
B.K., a minor by her : No.: _________________________
TELEPHONE NO.: FAX NO. 2SWLRQDO
E-MAIL ADDRESS (Optional): Parents and guardians,
ATTORNEY FOR (Name):
Janice Knowles and :
683(5,25&28572)&$/,)251,$&2817<2)
STREET ADDRESS: Steven Knowles, DEFENDANT SMITH’S
MAILING ADDRESS:
68%3 Plaintiff : MOTION FOR
CITY AND ZIP CODE:
Re: First Matter
BRANCH NAME: PLAINTIFF/PETITIONER: CASE NUMBER:
SUMMARY JUDGMENT Deposition Schedule
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT: v. : Date: 0
DEFENDANT/RESPONDENT:
3522)2)6(59,&(2)'(326,7,2168%32(1$)25
Time: 0
'(326,7,2168%32(1$
CASE NUMBER:
352'8&7,212)%86,1(665(&25'6 Ronald Clemmons, : Dear,
)25352'8&7,212)%86,1(665(&25'6 1. I served this 'HSRVLWLRQ6XESRHQDIRU3URGXFWLRQRI%XVLQHVV5HFRUGV by personally delivering a copy to the person served Lower Council School District,
as follows: An appointment for your deposition has been scheduled on the time and date listed above. It would be
7+(3(23/(2)7+(67$7(2)&$/,)251,$72 QDPH DGGUHVV DQGWHOHSKRQHQXPEHU RI GHSRQHQW LINQRZQ
a. Person served QDPH : Bud Smith, and : prudent for us to meet to prepare for your deposition in my office on 0 at 0. If you have a conflict with the sug-
Ace Trucking Company, Attorney ID No. 124987 gested dates or times or would like to reschedule, please contact me as soon as possible.
1. <28$5(25'(5('72352'8&(7+(%86,1(665(&25'6GHVFULEHGLQ LWHPDVIROORZV b. Address where served:
To QDPHRIGHSRVLWLRQRIILFHU :
Defendants During our meeting, we will discuss what you can expect to take place during your deposition. I will also
On GDWH : At WLPH : arrange for another person from my office to attend our meeting who will help you prepare for the deposition
Location DGGUHVV : c. Date of delivery: by asking you a series of practice questions. The practice deposition will give you an opportunity to give your
Defendant Smith files this Motion for Summary Judgment and alleges as follows:
'RQRWUHOHDVHWKHUHTXHVWHGUHFRUGVWRWKHGHSRVLWLRQRIILFHUSULRUWRWKHGDWHDQGWLPHVWDWHGDERYH
d. Time of delivery:
deposition answers and ask questions in a controlled environment before the date of your actual deposition.
a. by delivering a true, legible, and durable FRS\ of the business records described in item 3, enclosed in a sealed inner
1. At all relevant time Smith was an employee of and under the direction and control of Ace Trucking
A deposition is often the cause of stress and trepidation, but it need not be a difficult event. In general, a
wrapper with the title and number of the action, name of witness, and date of subpoena clearly written one. it.(1)
The inner
Witness fees were paid.
wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the Amount: . . . . . . . . . . . . . . $ Company. (Complaint p. 7 Answer of Smith and Ace p.7). deposition is testimony provided by you under oath. During the deposition, an opposing attorney will ask you
address in item 1. (2) Copying fees were paid. questions and you will give answers. The entire process will be recorded by a court reporter. Remember that
2. Ace Trucking supplied the truck operated by Smith and was responsible for the the replacement
by delivering a true, legible, and durable FRS\ of the business records described in item 3 to the deposition officer atAmount:
b. the . . . . . . . . . .. . . . $ parts, care, maintenance and safe operation of the truck. (Complaint p. 36 and Answer ofyou Acenever have to state facts that you do not know. If you do not know an answer, even though you think you
p. 36).
witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined
should know the answer, do not answer the question. Remember that you need not explain or justify your
under Evidence Code section 1563(b). 3. Ace Construction admitted the brakes of the truck were defective and there was no driver error
f. Fee for service: . . . . . . . . . . . . . . . . . $ answers or volunteer information that goes beyond the scope of the question. Only give information that you
c. by making the RULJLQDO business records described in item 3 available for inspection at your business address by the (Answer Ace p 36-38, Defendant Ace’s Answer Plaintiff’s Interrogatories q. 8 though 10).
attorney's representative and permitting FRS\LQJ at your business address under reasonable conditions during normal
2. I received this subpoena for service on GDWH :
have readily at hand without apology or excuse. Stay calm at all times and do not let the opposing attorney
business hours. 4. The mechanic for Ace Trucking, Chuck Dentson testified at deposition that he made the decision
get you excited or angry. Take your time in responding, tell the truth without worrying about whether it will help
2. 7KHUHFRUGVDUHWREHSURGXFHGE\WKHGDWHDQGWLPHVKRZQLQLWHP EXWQRWVRRQHUWKDQGD\VDIWHUWKHLVVXDQFHRIWKH
3. Person serving: to save the company money and purchase a lesser grade brake pad for installation on the or truck.
hurt your case, and remember that I will be there to help you through the process.
GHSRVLWLRQVXESRHQD RUGD\VDIWHUVHUYLFHZKLFKHYHUGDWHLVODWHU 5HDVRQDEOH FRVWVRIORFDWLQJUHFRUGVPDNLQJWKHP
a. Not a registered California process server.
DYDLODEOHRUFRS\LQJWKHPDQGSRVWDJHLIDQ\DUHUHFRYHUDEOHDVVHWIRUWKLQ(YLGHQFH&RGHVHFWLRQ E 7KHUHFRUGVVKDOOEH (Dentson deposition pp. 15-20)
DFFRPSDQLHGE\DQDIILGDYLWRIWKHFXVWRGLDQRURWKHUTXDOLILHGZLWQHVVSXUVXDQWWR(YLGHQFH&RGHVHFWLRQ
b. California sheriff or marshal. Feel free to contact me at your earliest convenience if you have any questions regarding your Deposition
c. Registered California process server. 5. James Kaercher, an expert in accident reconstruction with air brake failure testified at deposition thatmatter.
or any other
3. 7KHUHFRUGVWREHSURGXFHGDUHGHVFULEHGDVIROORZV
d. Employee or independent contractor of a registered California process server. the failure of the brakes, related to the over heating of sub-standard brake pads was without warning
e. Exempt from registration under Business and Professions Code section 22350(b). to the operator of the vehicle. (Kaercher deposition pp. 78-83) Sincerely,
f. Registered professional photocopier.
Continued on Attachment 3.
g. Exempt from registration under Business and Professions Code section 22451. 6. Kaercher further testified that only the mechanic conducting an inspection of the brakes would have
4. ,)<28+$9(%((16(59(':,7+7+,668%32(1$$6 $&8672',$12)&21680(525(03/2<((5(&25'681'(5
&2'(2)&,9,/352&('85(6(&7,2125$1'$027,217248$6+25$12%-(&7,21+$6%((1 h. Name, address, telephone number, and, if applicable, county of registration and number: been able to discover the defect related to brake pads. (Kaercher deposition p. 85 ll. 15-25).
6(59('21<28$&285725'(525$*5((0(172)7+(3$57,(6:,71(66(6$1' &21680(525(03/2<((
$))(&7('0867%(2%7$,1('%()25(<28$5(5(48,5('72352'8&(&21680(525(03/2<((5(&25'6
7. Kaercher stated that failure of the brakes would have been sudden allowing the driver no opportunity
to make a sudden or fast stop. The only way to stop the truck would be through a gradual slowing
',62%(',(1&(2)7+,668%32(1$0$<%(381,6+('$6&217(037%<7+,6&2857<28:,//$/62%(/,$%/(
across a long flat surface or use of an emergency truck ramp. (Kaercher deposition p. 90 ll. 1-13).
)257+(6802)),9(+81'5(''2//$56$1'$//'$0$*(65(68/7,1*)520<285)$,/85(722%(<
8. The road on which the accident occurred was a downward slope with no emergency truck ramps.
Date issued:
(Report of State Police attached as exhibit A). Exhibit 5.5 Release
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) 9. The failure of the sub-standard replacement brake pads, the failure Ace and its employees to properly RELEASE
inspect and maintain the braking system and the inability to make fast stops as a result, serve to cut
(TITLE) the nexus of causation that Smith’s negligence in the operation of the truck. I, ___________________________________________________________, for myself, my heirs, execu-
(Proof of service on reverse) Page 1 of 2 tors, successors and assigns, for and in consideration of the sum of _____________________________
Form Adopted for Mandatory Use
Judicial Council of California '(326,7,2168%32(1$)25352'8&7,21 Code of Civil Procedure, §§ 2020.410–2020.440; 10. As a matter of law Smith is entitled to judgment in this favor and against the Plaintiff. WHEREFORE
___________ dollars ($______________________) paid to me by _____________________________
2)%86,1(665(&25'6 ,GHFODUHunder
Government Code, § 68097.1
penalty of
perjury under the laws of the State of )RU&DOLIRUQLDVKHULIIRUPDUVKDOXVHRQO\
SUBP-010 [Rev. July 1, 2010] ZZZFRXUWLQIRFDJRY
California that the foregoing is true and correct. ,FHUWLI\that the foregoing is true and correct.
it is respectfully requested that judgment in favor of Smith be entered and the action against ____________
him be do hereby remise, waive and release any and all claims related to property damages or
dismissed. personal injury arising from an automobile accident which occurred on April 15, 2010 at the intersection of
Date: Date: First and Maple Streets in the City of Millstown, State of Idaho.
Respectfully submitted,
(SIGNATURE) (SIGNATURE)
In Witness whereof I have set my hand and seal this _______ day of _____________________ 20____.
SUBP-010 [Rev. July 1, 2010]

3522)2)6(59,&(2) Page 2 of 2
____________________________
'(326,7,2168%32(1$)25352'8&7,21
2)%86,1(665(&25'6 Signature
Within the Virtual Law Office Experience, students can access a wealth of resources to complete assignments,
including:
■ Ask the Law Librarian Instructional

Videos answer students’ research and
writing questions.
■ Ask Technical Support links to the Technology Resources

Website for technology and legal software support.
AbacusLaw Tutorials,
LexisNexis CaseMap Tutorials,
SmartDraw Tutorials
Sanction Tutorials,
Microsoft Office Tutorials
xxiii
■ Forms File contains hundreds of examples of commonly used
legal documents for the major legal specialties.
■ Case Materials contain all of the case information and

documents needed to complete assignments.
Davis Hilary, a minor, by his : No.: 24-1432

Parent and guardian,
Katy Hilary :
Plaintiff :
v. :
Bobby Jones,
Davis Hilary, a minor, by his : No.: 24-1432
Ronald Clemmons, Parent and guardian,
Lower Council School District, Katy Hilary :
Defendants Plaintiff :
v. Attorney ID No. 124987 :
Bobby
NOTICE OF INTENT TO Jones,
SERVE A SUBPOENA TO PRODUCE DOCUMENTS
AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Ronald Clemmons, :
Lower Council
Defendants intend to serve a subpoena identicalSchool District,
to the one that is attached to this notice. You have twenty
(20) days from the date listed below in which to file of record and serve upon the undersigned an objection
Defendants
to the subpoena. If no objection is made, the subpoena may be served.
Attorney ID No. 124987
Date: September 14, 2011
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
John Morris DISCOVERY PURSUANT TO RULE 4009.22
John Morris
TO:
Attorney for Defendants
Downstate Medical Associates
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follow-
ing documents or things:
All medical records and billings for the treatment of Davis Hilary, a minor.
Date: September 14, 2011
John Morris
Attorney for Defendants
Contact your local representative to preview this and other paralegal courses.
xxiv
insTruCTOr resOurCes
The Instructor’s Manual, MyTest, and PowerPoint package are available for
download from Pearson Instructor’s Resource Center. To access supplementary
materials online, instructors need to request an instructor access code. Go to
www.pearsonhighered.com/irc, where you can register for an instructor access
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has been completely revised in a lesson plan format to permit interactve use by
instructors in conducting classes. Traditional content of sample syllabi, chapter
outlines and summaries, Web Resources results, answers to questions and exer-
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■ TesTGen
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material for this text.
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xxv
A special thanks and acknowledgement for his help to the late John Coons, an
avid cyclist, family man and friend to all in his community.
Thank you to the reviewers of this edition of the text:
Leo Backs, Jr., Ivy Tech Community College – Fort Wayne
Elizabeth McCowan, Pellissippi State Community College
DeDiCaTon
This edition is dedicated to Bob Elliott, a good friend and mentor. Bob was
among the very first people in the software industry to see the value in providing
free software and training to students and faculty. Through the years, he has been
a resource to everyone in the education community—students, faculty, and IT—
providing cheerful, calm reassurance to all to solve problems and issues. Bob has
truly been our champion, and has set a high standard for all.
xxvi
abOuT The auThOr
THOMAS F. GOLDMAN, JD, is Professor Emeritus of Bucks County

Community College, where he was a Professor of Law and Management and
Director of the Center for Legal Studies and the Paralegal Studies Program. A
former member of the Paralegal Studies Advisory Board and mentor at Thomas
Edison State College, where he developed the Advanced Litigation Support and
Technology Certificate Program in the School of Professional Studies. A found-
ing advisory board member of the American University of Phnom Phen, he cre-
ated the legal studies curriculm.
He is an author of textbooks in paralegal studies and technology, includ-
ing The Paralegal Professional, Fourth Edition; Accounting and Taxation for
Paralegals; Civil Litigation: Process and Procedures, Third Edition; SmartDraw: A
Hands-On Tutorial and Guide; Litigation Practice: E-Discovery and Technology; and
AbacusLaw: A Hands-On Tutorial and Guide.
An accounting and economics graduate of Boston University and of Temple
University School of Law, Professor Goldman has an active international law,
technology law, and litigation practice. He has worked extensively with parale-
gals and received the award of the Legal Support Staff Guild. He was elected the
Legal Secretaries Association Boss of the Year for his contribution to cooperative
education by encouraging the use of paralegals and legal assistants in law offices.
He also received the Bucks County Community College Alumni Association
Professional Achievement Award. He has been an educational consultant on
technology to educational institutions and major corporations and a frequent
speaker and lecturer on educational, legal, and technology issues.
1
Learning Objectives
After studying this chapter, you should be able to:
1. Explain the use of technology in the law office. 4. Describe the need to understand the language
2. Discuss the impact of the Federal Rules of Civil of technology.
Procedure on electronic documents and the 5. Identify technologies that can help the legal
use of technology in the law. team collaborate and work more efficiently.
3. Explain the role of the technology support staff.
Technology in the
Law Office
chapter
1
Opening ScenariO
Mrs. Hannah had worked in large, center-city law firms for twenty years,
rising to the level of senior paralegal. In the course of working on a
case for which she was responsible for technical support, she met Owen
Mason, an attorney fresh out of law school. Owen had just passed the
bar, and was clerking for a federal judge. He confided in Mrs. Hannah
that after many months of sitting in on the judge’s cases and watching
the trial attorneys in action, he wanted to open his own firm and try
cases. However, he admitted that he was reluctant to go out on his own
because he was unfamiliar with managing a law practice. He realized
how much he didn’t know about setting up a law office when he started
looking around at actual law offices in the area. He said, “I can do the
law part, but the internal operations of a law office are something I
never thought about or had to worry about when I was clerking for the
judge. It certainly wasn’t something they taught in law school.”
He asked Mrs. Hannah if she would help him, and offered her employ-
ment with his new firm. She agreed to leave her current law firm—not only
for the challenge of establishing a new office, but also for a chance to work
closer to home.
Owen’s first question to her was, “What do I need at the minimum,
and what tools will help me manage a practice if I am frequently out of the
office trying cases?”
■ intrOductiOn tO technOLOgy
in the Law Office
The use of technology in the law office, the court system, and the courtroom has Learning Objective 1
changed the way many traditional procedures are performed. Paper files have Explain the use of technol-
given way to electronic documents that reside on computer servers instead of in ogy in the law office.
boxes and file cabinets. The computer and the Internet are increasingly used not
just for traditional document preparation, but also for maintaining client data-
bases, keeping office and client accounting records, researching, filing documents
with the court, presenting cases at trial, and attracting new clients through firm
websites. Communications between colleagues and clients has changed from tradi-
tional paper documents to electronic methods including e-mail, texting, postings
on social media sites, and audio and video conferencing calls using the Internet.
3
4 ChaPtER 1
VideO inTrOducTiOn
TechnOLOgy in The Law Office
after watching the video at www.pearsonhighered.com/careersresources, answer the
following questions.
1. how has technology changed the way traditional procedures are performed
in the law office?
2. What role does the Internet play in the contemporary law office?
Computer technology is used in the following ways in the law office:
word processing—preparing documents

electronic spreadsheets—performing financial calculations and financial
presentations
time and billing programs—recording billable time accurately, and invoic-
ing clients
accounting programs—managing firm financial records, payroll, and client
escrow accounts
calendaring—tracking deadlines, appointments, and hearing dates
graphic presentation software—preparing persuasive presentations
trial presentation software—organizing trial presentations
Internet search engines—searching for accurate and current legal informa-
tion and factual information to support a case
databases—maintaining records and documents
document scanning—converting documents to electronic format
document search features—locating relevant material in documents and
exhibits
e-mail and document delivery—communicating electronically
e-discovery—finding and reviewing discoverable electronic data
online collaboration—using the Internet to work collaboratively
online electronic document repositories—storing and accessing documents
remotely
law firm promotion and marketing—using websites and online social
digital format media sites
a computerized format that allows infor-
mation to be transmitted electronically.
Computer devices are also being used with greater frequency to communicate
attachments and share information in digital format between remote offices, courthouses,
a popular method of transmitting text government agencies, and clients. In the past, paper had to be physically copied
files and graphic images by attaching
the file to an e-mail. and sent, frequently by a costly messenger service or express mail service. Now,
electronic files are increasingly shared as attachments to e-mails. Large files can
hard copy be exchanged almost instantaneously anywhere in the world, without any hard
the paper copy of a document.
copy. Electronic files do not have the same issues with physical safety as paper
confidentiality documents. However, electronic files do have their own issues with security and
In the law field, any information confidentiality.
with regard to a client, learned from
whatever sources, that is to be kept in The legal team is increasingly using the Internet for more than just pure
confidence by the legal team. legal research. Most government information can be obtained through the
tEChnology In thE laW oFFICE 5
Internet. Finding businesses and individuals is now handled most efficiently

through Web search engines such as Google, Bing, and Yahoo!. More legal
firms are developing and using websites for their own businesses, as shown in
Exhibit 1.1.
The increase in the use of electronic filing and documents in litigation
and the number of federal and state rules and amount of case law on electronic
discovery are increasing the demand for skills and knowledge in the use of tech-
nology in civil litigation. Increasingly, the legal team must work with technology
professionals in order to use computers and electronic data effectively. Thus
everyone on the legal team must now have a working familiarity with computers
and the types of computer programs used in the law office.
exhibit 1.1 a typical law Firm Website

6 ChaPtER 1
At one time, the equipment in the average law office consisted of a type-
writer, an adding machine, and a basic duplicating machine. Paper was king,
with every document being typed, edited, retyped—and frequently retyped again.
In each instance, a paper copy was produced and delivered to the supervising
attorney for review and additional changes. It was then returned for retyping and
eventually sent to the client, to the opposing counsel, or filed with the court.
File cabinets abounded in the law office, and numerous boxes of paper files were
stored in back rooms, warehouses, and other storage locations. But now, the trend
is toward eliminating paper in the law office through the use of computer tech-
nology and software. In most law offices today, there are no typewriters; instead,
computers are used to prepare documents using word processing software. The
typical duplicating machine is now a multifunction device that can scan, print,
copy, and fax documents.
Members of the legal team frequently work from locations other than
the firm’s main office, such as a home office, satellite office, or another firm.
In some cases, they may be working in a different part of the country or world.
Face-to-face meetings are being replaced with audio and video conferencing. But
no matter where each team member works, he or she may need access to the case
data or electronic files. One solution is to have all of the files stored electronically
electronic repository in an electronic repository on a secure, protected file server that authorized users
an off-site computer used to store may access over the Internet.
records that may be accessed over
secure Internet connections.
Members of the team may also use the Internet to work together using
online collaboration software. This software allows several persons to see the
online collaboration same document simultaneously and, in some cases, to make on-screen notes
Using the Internet to conduct meetings
and share documents. and comments. A number of companies provide services and software that
converts case documents to electronic format and stores the documents on a
secure server.
■ the impact Of the federaL ruLes Of civiL

prOcedure
Learning Objective 2 The revisions to the Federal Rules of Civil Procedure and many state court
Discuss the impact of the rules of civil procedure and related cases on electronic discovery have had
Federal Rules of Civil a major impact on the role of technology in the practice of law and the
Procedure on electronic advice given to clients. Members of the legal team who had given only pass-
documents and the use of ing notice to the inroads of computers and electronic documents can no
technology in the law. longer ignore the impact of this technology. The new federal rules organize
and formalize what had once been a patchwork of court rules and case law on
electronic discovery.
The new rules specifically address the issue of the increased use of electronic
documentation in all aspects of business and personal life. Whereas people once
used a pen or a typewriter to write a letter, today the communication method of
choice is more likely an e-mail or text message. The federal courts have, through
the rules of civil procedure, acknowledged the role of electronically stored infor-
mation and the impact it has on litigation. The state courts are also looking at
the issue, and many have implemented their own rules, which are often fashioned
after the federal rules.
The legal team must always consider the impact of technology on documents
connected with current litigation and on electronic communications internally
and with clients. They must also consider the impact of technology on documents
tEChnology In thE laW oFFICE 7
and related electronic communications that could be connected with potential

litigation. One important consideration is document retention, including e-mail
documents. The ability to retain documents is limited mainly by available storage
space. The more space available, the greater the number of documents that can
be stored, and the longer they can be retained. With electronic files, the ability to
retain documents is virtually limitless. It is therefore necessary for the legal team
to carefully consider the rules and procedures for retaining and storing potentially
sensitive documents.
Technology has had a significant impact not only on the ability to retain
documents, but also on the ability to find and access those documents. For a
litigator, stored documents can be a source of a potential “smoking gun”—a smoking gun
document on which the case hinges, and that may be introduced into evi- a document hidden among old files
that would conclusively impeach or
dence. For example, a document may admit a course of conduct, such as destroy the credibility of a witness or
removing a safety feature for the sake of saving money. In some classic prod- be evidence that conclusively deter-
uct liability or antitrust cases, tractor-trailer loads of documents have been mines an issue.
produced, and a document may be “hiding” in a maze of possibly thousands
of pieces of paper, waiting for other parties to find it. For example, in a well-
known product liability case, an automobile manufacturer was alleged to have
sold a dangerous product despite knowing that it was defective. The smok-
ing gun was an internal company report stating that the potential monetary
damages from lawsuits would be less costly than changing the design. But the
plaintiff team’s serendipitous discovery of this document was like finding a
needle in a haystack.
With technology and a big enough budget, all of the paper documents in a
case can be scanned electronically, a form that allows an electronic search for
the smoking gun. The search can be made easier if the documents are delivered
by the opponent in a searchable electronic format pursuant to a proper discov-
ery request.
Contemporary smoking-gun documents may include e-mails, text messages,
or similar electronic communications that are generated and stored in an organi-
zation’s or client’s data server. An example might be e-mails confirming a pattern
of discrimination against specific employees based on age, sex, or other protected
classes.
The potentially massive delivery of documents in electronic form also raises
concerns that these electronic documents may contain privileged or confidential
information. These documents may need to be delivered to the opposing side
in compliance with an electronic discovery request without the opportunity to
check each document for privileged or confidential material.
In recent years courts, clients, and law firms have taken a closer look
at how the use of technology can reduce costs and increase efficiencies. For
courts with reduced staff, increased demands, limited funding, and budget
cuts, the use of technology has become essential to be able to handle more
cases in less time. Clients, facing their own financial constraints, look to
their law firms to offer services more efficiently and at lower costs. For law
firms, revenue reductions have directly impacted the size of staff, requiring
remaining staff to do more. Effective use of technology has become one of the
main solutions, allowing greater productivity, reducing the need for expen-
sive travel for face-to-face meetings, and cutting costs for document creation
and storage.
The legal team, whether a sole practitioner with a legal secretary or a mega-
member international law firm with in-house technical support, can no longer
8 ChaPtER 1
ignore the role of technology in the practice of law. Everyone on the legal team
must understand the use and the role of various technologies in counseling, repre-
senting clients, and managing the law firm.
■ technOLOgy suppOrt in the Law Office

Learning Objective 3 Larger law offices, corporate legal departments, and government offices usually
Explain the role of the have a technical support staff, frequently called the IT, or information tech-
technology support staff. nology, department. The IT staff handles questions and issues concerning the
use and implementation of technology in general, and computers and software
iT in particular. Smaller offices may have a person who is unofficially responsible
Information technology, or the technol- for the same type of support. This person is usually the most tech-savvy mem-
ogy support staff within organizations. ber of the staff—a lawyer, a paralegal, a secretary, a “friend” of the office, or a
relative of a staff member—and is sometimes referred to affectionately as the
office “geek.”
adVice frOm The fieLd

Taking yOur career in a new direcTiOn—an inSide gLimpSe
aT LiT SuppOrT careerS
by Sally kane, J.d.
advances in technology, the growth of electronically Below, attorneys, recruiting experts, and litigation sup-
stored information, and amendments to federal and state port professionals share their insight into the pros and cons
e-discovery rules have transformed litigation support of working in the three silos of litigation support.
into one of the hottest careers in today’s legal market.
the e-discovery/litigation support industry [was] predict- Law firm Life
ed to . . . [reach] $21.8 billion by the year 2011.
as the market heats up, new positions are opening Employment within a law firm offers litigation support
within law firms, litigation support vendors, the govern- professionals many distinct advantages, including a well-
ment, and corporate legal departments across the globe. defined career path, extensive firm resources, access to the
the unprecedented number of opportunities in the liti- latest technology, a large support staff, well-developed train-
gation support marketplace has created a new market ing programs, challenging work, and a diverse client base.
dynamic as supply/demand economics fuel salary growth as the profession evolves, law firms are creating more
and lateral hiring. as a result, “litigation support profes- well-defined career paths in order to attract and retain
sionals are moving with increasing frequency between talented litigation support professionals. the typical path
what I call the three silos of the litigation support market: at a major firm with a large litigation support department
law firms, litigation support vendors and corporate legal progresses from analyst level one, analyst level two, and
departments,” says David Cowen of the Cowen group, specialist to coordinator, project manager, senior project
a global provider of e-discovery and litigation support manager, supervisor, manager, and director, according to
staffing services. Cowen. Many of these positions did not exist five years ago
these three market silos differ significantly in terms and, as the industry evolves, law firms continue to offer
of benefits, challenges, professional development oppor- significant advancement opportunities.
tunities, career paths, work/life balance, compensation, Brian Stempel, firm-wide litigation services manager
and career growth. . . . So, how does employment in a for Kirkland & Ellis, llP, notes that one of the primary
law firm compare with employment with litigation sup- advantages of working for a law firm over other practice
port vendor[s] or corporate legal department[s]? Who is environments is the big-picture perspective and insight
paying top dollar? What is the best career move for you into the entire litigation life cycle. “It’s where the rubber
right now? meets the road,” Stempel says. “you see the actual legal
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DANCE ON STILTS AT THE GIRLS’ UNYAGO, NIUCHI
Newala, too, suffers from the distance of its water-supply—at least

the Newala of to-day does; there was once another Newala in a lovely
valley at the foot of the plateau. I visited it and found scarcely a trace
of houses, only a Christian cemetery, with the graves of several
missionaries and their converts, remaining as a monument of its
former glories. But the surroundings are wonderfully beautiful. A
thick grove of splendid mango-trees closes in the weather-worn
crosses and headstones; behind them, combining the useful and the
agreeable, is a whole plantation of lemon-trees covered with ripe
fruit; not the small African kind, but a much larger and also juicier
imported variety, which drops into the hands of the passing traveller,
without calling for any exertion on his part. Old Newala is now under
the jurisdiction of the native pastor, Daudi, at Chingulungulu, who,
as I am on very friendly terms with him, allows me, as a matter of
course, the use of this lemon-grove during my stay at Newala.
FEET MUTILATED BY THE RAVAGES OF THE “JIGGER”
(Sarcopsylla penetrans)
The water-supply of New Newala is in the bottom of the valley,

some 1,600 feet lower down. The way is not only long and fatiguing,
but the water, when we get it, is thoroughly bad. We are suffering not
only from this, but from the fact that the arrangements at Newala are
nothing short of luxurious. We have a separate kitchen—a hut built
against the boma palisade on the right of the baraza, the interior of
which is not visible from our usual position. Our two cooks were not
long in finding this out, and they consequently do—or rather neglect
to do—what they please. In any case they do not seem to be very
particular about the boiling of our drinking-water—at least I can
attribute to no other cause certain attacks of a dysenteric nature,
from which both Knudsen and I have suffered for some time. If a
man like Omari has to be left unwatched for a moment, he is capable
of anything. Besides this complaint, we are inconvenienced by the
state of our nails, which have become as hard as glass, and crack on
the slightest provocation, and I have the additional infliction of
pimples all over me. As if all this were not enough, we have also, for
the last week been waging war against the jigger, who has found his
Eldorado in the hot sand of the Makonde plateau. Our men are seen
all day long—whenever their chronic colds and the dysentery likewise
raging among them permit—occupied in removing this scourge of
Africa from their feet and trying to prevent the disastrous
consequences of its presence. It is quite common to see natives of
this place with one or two toes missing; many have lost all their toes,
or even the whole front part of the foot, so that a well-formed leg
ends in a shapeless stump. These ravages are caused by the female of
Sarcopsylla penetrans, which bores its way under the skin and there
develops an egg-sac the size of a pea. In all books on the subject, it is
stated that one’s attention is called to the presence of this parasite by
an intolerable itching. This agrees very well with my experience, so
far as the softer parts of the sole, the spaces between and under the
toes, and the side of the foot are concerned, but if the creature
penetrates through the harder parts of the heel or ball of the foot, it
may escape even the most careful search till it has reached maturity.
Then there is no time to be lost, if the horrible ulceration, of which
we see cases by the dozen every day, is to be prevented. It is much
easier, by the way, to discover the insect on the white skin of a
European than on that of a native, on which the dark speck scarcely
shows. The four or five jiggers which, in spite of the fact that I
constantly wore high laced boots, chose my feet to settle in, were
taken out for me by the all-accomplished Knudsen, after which I
thought it advisable to wash out the cavities with corrosive
sublimate. The natives have a different sort of disinfectant—they fill
the hole with scraped roots. In a tiny Makua village on the slope of
the plateau south of Newala, we saw an old woman who had filled all
the spaces under her toe-nails with powdered roots by way of
prophylactic treatment. What will be the result, if any, who can say?
The rest of the many trifling ills which trouble our existence are
really more comic than serious. In the absence of anything else to
smoke, Knudsen and I at last opened a box of cigars procured from
the Indian store-keeper at Lindi, and tried them, with the most
distressing results. Whether they contain opium or some other
narcotic, neither of us can say, but after the tenth puff we were both
“off,” three-quarters stupefied and unspeakably wretched. Slowly we
recovered—and what happened next? Half-an-hour later we were
once more smoking these poisonous concoctions—so insatiable is the
craving for tobacco in the tropics.
Even my present attacks of fever scarcely deserve to be taken
seriously. I have had no less than three here at Newala, all of which
have run their course in an incredibly short time. In the early
afternoon, I am busy with my old natives, asking questions and
making notes. The strong midday coffee has stimulated my spirits to
an extraordinary degree, the brain is active and vigorous, and work
progresses rapidly, while a pleasant warmth pervades the whole
body. Suddenly this gives place to a violent chill, forcing me to put on
my overcoat, though it is only half-past three and the afternoon sun
is at its hottest. Now the brain no longer works with such acuteness
and logical precision; more especially does it fail me in trying to
establish the syntax of the difficult Makua language on which I have
ventured, as if I had not enough to do without it. Under the
circumstances it seems advisable to take my temperature, and I do
so, to save trouble, without leaving my seat, and while going on with
my work. On examination, I find it to be 101·48°. My tutors are
abruptly dismissed and my bed set up in the baraza; a few minutes
later I am in it and treating myself internally with hot water and
lemon-juice.
Three hours later, the thermometer marks nearly 104°, and I make
them carry me back into the tent, bed and all, as I am now perspiring
heavily, and exposure to the cold wind just beginning to blow might
mean a fatal chill. I lie still for a little while, and then find, to my
great relief, that the temperature is not rising, but rather falling. This
is about 7.30 p.m. At 8 p.m. I find, to my unbounded astonishment,
that it has fallen below 98·6°, and I feel perfectly well. I read for an
hour or two, and could very well enjoy a smoke, if I had the
wherewithal—Indian cigars being out of the question.
Having no medical training, I am at a loss to account for this state
of things. It is impossible that these transitory attacks of high fever
should be malarial; it seems more probable that they are due to a
kind of sunstroke. On consulting my note-book, I become more and
more inclined to think this is the case, for these attacks regularly
follow extreme fatigue and long exposure to strong sunshine. They at
least have the advantage of being only short interruptions to my
work, as on the following morning I am always quite fresh and fit.
My treasure of a cook is suffering from an enormous hydrocele which
makes it difficult for him to get up, and Moritz is obliged to keep in
the dark on account of his inflamed eyes. Knudsen’s cook, a raw boy
from somewhere in the bush, knows still less of cooking than Omari;
consequently Nils Knudsen himself has been promoted to the vacant
post. Finding that we had come to the end of our supplies, he began
by sending to Chingulungulu for the four sucking-pigs which we had
bought from Matola and temporarily left in his charge; and when
they came up, neatly packed in a large crate, he callously slaughtered
the biggest of them. The first joint we were thoughtless enough to
entrust for roasting to Knudsen’s mshenzi cook, and it was
consequently uneatable; but we made the rest of the animal into a
jelly which we ate with great relish after weeks of underfeeding,
consuming incredible helpings of it at both midday and evening
meals. The only drawback is a certain want of variety in the tinned
vegetables. Dr. Jäger, to whom the Geographical Commission
entrusted the provisioning of the expeditions—mine as well as his
own—because he had more time on his hands than the rest of us,
seems to have laid in a huge stock of Teltow turnips,[46] an article of
food which is all very well for occasional use, but which quickly palls
when set before one every day; and we seem to have no other tins
left. There is no help for it—we must put up with the turnips; but I
am certain that, once I am home again, I shall not touch them for ten
years to come.
Amid all these minor evils, which, after all, go to make up the
genuine flavour of Africa, there is at least one cheering touch:
Knudsen has, with the dexterity of a skilled mechanic, repaired my 9
× 12 cm. camera, at least so far that I can use it with a little care.
How, in the absence of finger-nails, he was able to accomplish such a
ticklish piece of work, having no tool but a clumsy screw-driver for
taking to pieces and putting together again the complicated
mechanism of the instantaneous shutter, is still a mystery to me; but
he did it successfully. The loss of his finger-nails shows him in a light
contrasting curiously enough with the intelligence evinced by the
above operation; though, after all, it is scarcely surprising after his
ten years’ residence in the bush. One day, at Lindi, he had occasion
to wash a dog, which must have been in need of very thorough
cleansing, for the bottle handed to our friend for the purpose had an
extremely strong smell. Having performed his task in the most
conscientious manner, he perceived with some surprise that the dog
did not appear much the better for it, and was further surprised by
finding his own nails ulcerating away in the course of the next few
days. “How was I to know that carbolic acid has to be diluted?” he
mutters indignantly, from time to time, with a troubled gaze at his
mutilated finger-tips.
Since we came to Newala we have been making excursions in all
directions through the surrounding country, in accordance with old
habit, and also because the akida Sefu did not get together the tribal
elders from whom I wanted information so speedily as he had
promised. There is, however, no harm done, as, even if seen only
from the outside, the country and people are interesting enough.
The Makonde plateau is like a large rectangular table rounded off
at the corners. Measured from the Indian Ocean to Newala, it is
about seventy-five miles long, and between the Rovuma and the
Lukuledi it averages fifty miles in breadth, so that its superficial area
is about two-thirds of that of the kingdom of Saxony. The surface,
however, is not level, but uniformly inclined from its south-western
edge to the ocean. From the upper edge, on which Newala lies, the
eye ranges for many miles east and north-east, without encountering
any obstacle, over the Makonde bush. It is a green sea, from which
here and there thick clouds of smoke rise, to show that it, too, is
inhabited by men who carry on their tillage like so many other
primitive peoples, by cutting down and burning the bush, and
manuring with the ashes. Even in the radiant light of a tropical day
such a fire is a grand sight.
Much less effective is the impression produced just now by the
great western plain as seen from the edge of the plateau. As often as
time permits, I stroll along this edge, sometimes in one direction,
sometimes in another, in the hope of finding the air clear enough to
let me enjoy the view; but I have always been disappointed.
Wherever one looks, clouds of smoke rise from the burning bush,
and the air is full of smoke and vapour. It is a pity, for under more
favourable circumstances the panorama of the whole country up to
the distant Majeje hills must be truly magnificent. It is of little use
taking photographs now, and an outline sketch gives a very poor idea
of the scenery. In one of these excursions I went out of my way to
make a personal attempt on the Makonde bush. The present edge of
the plateau is the result of a far-reaching process of destruction
through erosion and denudation. The Makonde strata are
everywhere cut into by ravines, which, though short, are hundreds of
yards in depth. In consequence of the loose stratification of these
beds, not only are the walls of these ravines nearly vertical, but their
upper end is closed by an equally steep escarpment, so that the
western edge of the Makonde plateau is hemmed in by a series of
deep, basin-like valleys. In order to get from one side of such a ravine
to the other, I cut my way through the bush with a dozen of my men.
It was a very open part, with more grass than scrub, but even so the
short stretch of less than two hundred yards was very hard work; at
the end of it the men’s calicoes were in rags and they themselves
bleeding from hundreds of scratches, while even our strong khaki
suits had not escaped scatheless.
NATIVE PATH THROUGH THE MAKONDE BUSH, NEAR

MAHUTA
I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.
MAKONDE LOCK AND KEY AT JUMBE CHAURO

This is the general way of closing a house. The Makonde at Jumbe
Chauro, however, have a much more complicated, solid and original
one. Here, too, the door is as already described, except that there is
only one post on the inside, standing by itself about six inches from
one side of the doorway. Opposite this post is a hole in the wall just
large enough to admit a man’s arm. The door is closed inside by a
large wooden bolt passing through a hole in this post and pressing
with its free end against the door. The other end has three holes into
which fit three pegs running in vertical grooves inside the post. The
door is opened with a wooden key about a foot long, somewhat
curved and sloped off at the butt; the other end has three pegs
corresponding to the holes, in the bolt, so that, when it is thrust
through the hole in the wall and inserted into the rectangular
opening in the post, the pegs can be lifted and the bolt drawn out.[50]
MODE OF INSERTING THE KEY
With no small pride first one householder and then a second

showed me on the spot the action of this greatest invention of the
Makonde Highlands. To both with an admiring exclamation of
“Vizuri sana!” (“Very fine!”). I expressed the wish to take back these
marvels with me to Ulaya, to show the Wazungu what clever fellows
the Makonde are. Scarcely five minutes after my return to camp at
Newala, the two men came up sweating under the weight of two
heavy logs which they laid down at my feet, handing over at the same
time the keys of the fallen fortress. Arguing, logically enough, that if
the key was wanted, the lock would be wanted with it, they had taken
their axes and chopped down the posts—as it never occurred to them
to dig them out of the ground and so bring them intact. Thus I have
two badly damaged specimens, and the owners, instead of praise,
come in for a blowing-up.
The Makua huts in the environs of Newala are especially
miserable; their more than slovenly construction reminds one of the
temporary erections of the Makua at Hatia’s, though the people here
have not been concerned in a war. It must therefore be due to
congenital idleness, or else to the absence of a powerful chief. Even
the baraza at Mlipa’s, a short hour’s walk south-east of Newala,
shares in this general neglect. While public buildings in this country
are usually looked after more or less carefully, this is in evident
danger of being blown over by the first strong easterly gale. The only
attractive object in this whole district is the grave of the late chief
Mlipa. I visited it in the morning, while the sun was still trying with
partial success to break through the rolling mists, and the circular
grove of tall euphorbias, which, with a broken pot, is all that marks
the old king’s resting-place, impressed one with a touch of pathos.
Even my very materially-minded carriers seemed to feel something
of the sort, for instead of their usual ribald songs, they chanted
solemnly, as we marched on through the dense green of the Makonde
bush:—
“We shall arrive with the great master; we stand in a row and have
no fear about getting our food and our money from the Serkali (the
Government). We are not afraid; we are going along with the great
master, the lion; we are going down to the coast and back.”
With regard to the characteristic features of the various tribes here
on the western edge of the plateau, I can arrive at no other
conclusion than the one already come to in the plain, viz., that it is
impossible for anyone but a trained anthropologist to assign any
given individual at once to his proper tribe. In fact, I think that even
an anthropological specialist, after the most careful examination,
might find it a difficult task to decide. The whole congeries of peoples
collected in the region bounded on the west by the great Central
African rift, Tanganyika and Nyasa, and on the east by the Indian
Ocean, are closely related to each other—some of their languages are
only distinguished from one another as dialects of the same speech,
and no doubt all the tribes present the same shape of skull and
structure of skeleton. Thus, surely, there can be no very striking
differences in outward appearance.
Even did such exist, I should have no time
to concern myself with them, for day after day,
I have to see or hear, as the case may be—in
any case to grasp and record—an
extraordinary number of ethnographic
phenomena. I am almost disposed to think it
fortunate that some departments of inquiry, at
least, are barred by external circumstances.
Chief among these is the subject of iron-
working. We are apt to think of Africa as a
country where iron ore is everywhere, so to
speak, to be picked up by the roadside, and
where it would be quite surprising if the
inhabitants had not learnt to smelt the
material ready to their hand. In fact, the
knowledge of this art ranges all over the
continent, from the Kabyles in the north to the
Kafirs in the south. Here between the Rovuma
and the Lukuledi the conditions are not so
favourable. According to the statements of the
Makonde, neither ironstone nor any other
form of iron ore is known to them. They have
not therefore advanced to the art of smelting
the metal, but have hitherto bought all their
THE ANCESTRESS OF
THE MAKONDE
iron implements from neighbouring tribes.
Even in the plain the inhabitants are not much
better off. Only one man now living is said to
understand the art of smelting iron. This old fundi lives close to
Huwe, that isolated, steep-sided block of granite which rises out of
the green solitude between Masasi and Chingulungulu, and whose
jagged and splintered top meets the traveller’s eye everywhere. While
still at Masasi I wished to see this man at work, but was told that,
frightened by the rising, he had retired across the Rovuma, though
he would soon return. All subsequent inquiries as to whether the
fundi had come back met with the genuine African answer, “Bado”
(“Not yet”).
BRAZIER
Some consolation was afforded me by a brassfounder, whom I

came across in the bush near Akundonde’s. This man is the favourite
of women, and therefore no doubt of the gods; he welds the glittering
brass rods purchased at the coast into those massive, heavy rings
which, on the wrists and ankles of the local fair ones, continually give
me fresh food for admiration. Like every decent master-craftsman he
had all his tools with him, consisting of a pair of bellows, three
crucibles and a hammer—nothing more, apparently. He was quite
willing to show his skill, and in a twinkling had fixed his bellows on
the ground. They are simply two goat-skins, taken off whole, the four
legs being closed by knots, while the upper opening, intended to
admit the air, is kept stretched by two pieces of wood. At the lower
end of the skin a smaller opening is left into which a wooden tube is
stuck. The fundi has quickly borrowed a heap of wood-embers from
the nearest hut; he then fixes the free ends of the two tubes into an
earthen pipe, and clamps them to the ground by means of a bent
piece of wood. Now he fills one of his small clay crucibles, the dross
on which shows that they have been long in use, with the yellow
material, places it in the midst of the embers, which, at present are
only faintly glimmering, and begins his work. In quick alternation
the smith’s two hands move up and down with the open ends of the
bellows; as he raises his hand he holds the slit wide open, so as to let
the air enter the skin bag unhindered. In pressing it down he closes
the bag, and the air puffs through the bamboo tube and clay pipe into
the fire, which quickly burns up. The smith, however, does not keep
on with this work, but beckons to another man, who relieves him at
the bellows, while he takes some more tools out of a large skin pouch
carried on his back. I look on in wonder as, with a smooth round
stick about the thickness of a finger, he bores a few vertical holes into
the clean sand of the soil. This should not be difficult, yet the man
seems to be taking great pains over it. Then he fastens down to the
ground, with a couple of wooden clamps, a neat little trough made by
splitting a joint of bamboo in half, so that the ends are closed by the
two knots. At last the yellow metal has attained the right consistency,
and the fundi lifts the crucible from the fire by means of two sticks
split at the end to serve as tongs. A short swift turn to the left—a
tilting of the crucible—and the molten brass, hissing and giving forth
clouds of smoke, flows first into the bamboo mould and then into the
holes in the ground.
The technique of this backwoods craftsman may not be very far
advanced, but it cannot be denied that he knows how to obtain an
adequate result by the simplest means. The ladies of highest rank in
this country—that is to say, those who can afford it, wear two kinds
of these massive brass rings, one cylindrical, the other semicircular
in section. The latter are cast in the most ingenious way in the
bamboo mould, the former in the circular hole in the sand. It is quite
a simple matter for the fundi to fit these bars to the limbs of his fair
customers; with a few light strokes of his hammer he bends the
pliable brass round arm or ankle without further inconvenience to
the wearer.
SHAPING THE POT
SMOOTHING WITH MAIZE-COB
CUTTING THE EDGE

FINISHING THE BOTTOM
LAST SMOOTHING BEFORE

BURNING
FIRING THE BRUSH-PILE

LIGHTING THE FARTHER SIDE OF
THE PILE
TURNING THE RED-HOT VESSEL
NYASA WOMAN MAKING POTS AT MASASI

Pottery is an art which must always and everywhere excite the
interest of the student, just because it is so intimately connected with
the development of human culture, and because its relics are one of
the principal factors in the reconstruction of our own condition in
prehistoric times. I shall always remember with pleasure the two or
three afternoons at Masasi when Salim Matola’s mother, a slightly-
built, graceful, pleasant-looking woman, explained to me with
touching patience, by means of concrete illustrations, the ceramic art
of her people. The only implements for this primitive process were a
lump of clay in her left hand, and in the right a calabash containing
the following valuables: the fragment of a maize-cob stripped of all
its grains, a smooth, oval pebble, about the size of a pigeon’s egg, a
few chips of gourd-shell, a bamboo splinter about the length of one’s
hand, a small shell, and a bunch of some herb resembling spinach.
Nothing more. The woman scraped with the
shell a round, shallow hole in the soft, fine
sand of the soil, and, when an active young
girl had filled the calabash with water for her,
she began to knead the clay. As if by magic it
gradually assumed the shape of a rough but
already well-shaped vessel, which only wanted
a little touching up with the instruments
before mentioned. I looked out with the
MAKUA WOMAN closest attention for any indication of the use
MAKING A POT. of the potter’s wheel, in however rudimentary
SHOWS THE a form, but no—hapana (there is none). The
BEGINNINGS OF THE embryo pot stood firmly in its little
POTTER’S WHEEL
depression, and the woman walked round it in
a stooping posture, whether she was removing
small stones or similar foreign bodies with the maize-cob, smoothing
the inner or outer surface with the splinter of bamboo, or later, after
letting it dry for a day, pricking in the ornamentation with a pointed
bit of gourd-shell, or working out the bottom, or cutting the edge
with a sharp bamboo knife, or giving the last touches to the finished
vessel. This occupation of the women is infinitely toilsome, but it is
without doubt an accurate reproduction of the process in use among
our ancestors of the Neolithic and Bronze ages.
There is no doubt that the invention of pottery, an item in human
progress whose importance cannot be over-estimated, is due to
women. Rough, coarse and unfeeling, the men of the horde range
over the countryside. When the united cunning of the hunters has
succeeded in killing the game; not one of them thinks of carrying
home the spoil. A bright fire, kindled by a vigorous wielding of the
drill, is crackling beside them; the animal has been cleaned and cut
up secundum artem, and, after a slight singeing, will soon disappear
under their sharp teeth; no one all this time giving a single thought
to wife or child.
To what shifts, on the other hand, the primitive wife, and still more
the primitive mother, was put! Not even prehistoric stomachs could
endure an unvarying diet of raw food. Something or other suggested
the beneficial effect of hot water on the majority of approved but
indigestible dishes. Perhaps a neighbour had tried holding the hard
roots or tubers over the fire in a calabash filled with water—or maybe
an ostrich-egg-shell, or a hastily improvised vessel of bark. They
became much softer and more palatable than they had previously
been; but, unfortunately, the vessel could not stand the fire and got
charred on the outside. That can be remedied, thought our
ancestress, and plastered a layer of wet clay round a similar vessel.
This is an improvement; the cooking utensil remains uninjured, but
the heat of the fire has shrunk it, so that it is loose in its shell. The
next step is to detach it, so, with a firm grip and a jerk, shell and
kernel are separated, and pottery is invented. Perhaps, however, the
discovery which led to an intelligent use of the burnt-clay shell, was
made in a slightly different way. Ostrich-eggs and calabashes are not
to be found in every part of the world, but everywhere mankind has
arrived at the art of making baskets out of pliant materials, such as
bark, bast, strips of palm-leaf, supple twigs, etc. Our inventor has no
water-tight vessel provided by nature. “Never mind, let us line the
basket with clay.” This answers the purpose, but alas! the basket gets
burnt over the blazing fire, the woman watches the process of
cooking with increasing uneasiness, fearing a leak, but no leak
appears. The food, done to a turn, is eaten with peculiar relish; and
the cooking-vessel is examined, half in curiosity, half in satisfaction
at the result. The plastic clay is now hard as stone, and at the same
time looks exceedingly well, for the neat plaiting of the burnt basket
is traced all over it in a pretty pattern. Thus, simultaneously with
pottery, its ornamentation was invented.
Primitive woman has another claim to respect. It was the man,
roving abroad, who invented the art of producing fire at will, but the
woman, unable to imitate him in this, has been a Vestal from the
earliest times. Nothing gives so much trouble as the keeping alight of
the smouldering brand, and, above all, when all the men are absent
from the camp. Heavy rain-clouds gather, already the first large
drops are falling, the first gusts of the storm rage over the plain. The
little flame, a greater anxiety to the woman than her own children,
flickers unsteadily in the blast. What is to be done? A sudden thought
occurs to her, and in an instant she has constructed a primitive hut
out of strips of bark, to protect the flame against rain and wind.
This, or something very like it, was the way in which the principle
of the house was discovered; and even the most hardened misogynist
cannot fairly refuse a woman the credit of it. The protection of the
hearth-fire from the weather is the germ from which the human
dwelling was evolved. Men had little, if any share, in this forward
step, and that only at a late stage. Even at the present day, the
plastering of the housewall with clay and the manufacture of pottery
are exclusively the women’s business. These are two very significant
survivals. Our European kitchen-garden, too, is originally a woman’s
invention, and the hoe, the primitive instrument of agriculture, is,
characteristically enough, still used in this department. But the
noblest achievement which we owe to the other sex is unquestionably
the art of cookery. Roasting alone—the oldest process—is one for
which men took the hint (a very obvious one) from nature. It must
have been suggested by the scorched carcase of some animal
overtaken by the destructive forest-fires. But boiling—the process of
improving organic substances by the help of water heated to boiling-
point—is a much later discovery. It is so recent that it has not even
yet penetrated to all parts of the world. The Polynesians understand
how to steam food, that is, to cook it, neatly wrapped in leaves, in a
hole in the earth between hot stones, the air being excluded, and
(sometimes) a few drops of water sprinkled on the stones; but they
do not understand boiling.
To come back from this digression, we find that the slender Nyasa
woman has, after once more carefully examining the finished pot,
put it aside in the shade to dry. On the following day she sends me
word by her son, Salim Matola, who is always on hand, that she is
going to do the burning, and, on coming out of my house, I find her
already hard at work. She has spread on the ground a layer of very
dry sticks, about as thick as one’s thumb, has laid the pot (now of a
yellowish-grey colour) on them, and is piling brushwood round it.
My faithful Pesa mbili, the mnyampara, who has been standing by,
most obligingly, with a lighted stick, now hands it to her. Both of
them, blowing steadily, light the pile on the lee side, and, when the
flame begins to catch, on the weather side also. Soon the whole is in a
blaze, but the dry fuel is quickly consumed and the fire dies down, so
that we see the red-hot vessel rising from the ashes. The woman
turns it continually with a long stick, sometimes one way and
sometimes another, so that it may be evenly heated all over. In
twenty minutes she rolls it out of the ash-heap, takes up the bundle
of spinach, which has been lying for two days in a jar of water, and
sprinkles the red-hot clay with it. The places where the drops fall are
marked by black spots on the uniform reddish-brown surface. With a
sigh of relief, and with visible satisfaction, the woman rises to an
erect position; she is standing just in a line between me and the fire,
from which a cloud of smoke is just rising: I press the ball of my
camera, the shutter clicks—the apotheosis is achieved! Like a
priestess, representative of her inventive sex, the graceful woman
stands: at her feet the hearth-fire she has given us beside her the
invention she has devised for us, in the background the home she has
built for us.
At Newala, also, I have had the manufacture of pottery carried on
in my presence. Technically the process is better than that already
described, for here we find the beginnings of the potter’s wheel,
which does not seem to exist in the plains; at least I have seen
nothing of the sort. The artist, a frightfully stupid Makua woman, did
not make a depression in the ground to receive the pot she was about
to shape, but used instead a large potsherd. Otherwise, she went to
work in much the same way as Salim’s mother, except that she saved
herself the trouble of walking round and round her work by squatting
at her ease and letting the pot and potsherd rotate round her; this is
surely the first step towards a machine. But it does not follow that
the pot was improved by the process. It is true that it was beautifully
rounded and presented a very creditable appearance when finished,
but the numerous large and small vessels which I have seen, and, in
part, collected, in the “less advanced” districts, are no less so. We
moderns imagine that instruments of precision are necessary to
produce excellent results. Go to the prehistoric collections of our
museums and look at the pots, urns and bowls of our ancestors in the
dim ages of the past, and you will at once perceive your error.
MAKING LONGITUDINAL CUT IN
BARK
DRAWING THE BARK OFF THE LOG
REMOVING THE OUTER BARK

BEATING THE BARK
WORKING THE BARK-CLOTH AFTER BEATING, TO MAKE IT

SOFT
MANUFACTURE OF BARK-CLOTH AT NEWALA

To-day, nearly the whole population of German East Africa is
clothed in imported calico. This was not always the case; even now in
some parts of the north dressed skins are still the prevailing wear,
and in the north-western districts—east and north of Lake
Tanganyika—lies a zone where bark-cloth has not yet been
superseded. Probably not many generations have passed since such
bark fabrics and kilts of skins were the only clothing even in the
south. Even to-day, large quantities of this bright-red or drab
material are still to be found; but if we wish to see it, we must look in
the granaries and on the drying stages inside the native huts, where
it serves less ambitious uses as wrappings for those seeds and fruits
which require to be packed with special care. The salt produced at
Masasi, too, is packed for transport to a distance in large sheets of
bark-cloth. Wherever I found it in any degree possible, I studied the
process of making this cloth. The native requisitioned for the
purpose arrived, carrying a log between two and three yards long and
as thick as his thigh, and nothing else except a curiously-shaped
mallet and the usual long, sharp and pointed knife which all men and
boys wear in a belt at their backs without a sheath—horribile dictu!
[51]
Silently he squats down before me, and with two rapid cuts has
drawn a couple of circles round the log some two yards apart, and
slits the bark lengthwise between them with the point of his knife.
With evident care, he then scrapes off the outer rind all round the
log, so that in a quarter of an hour the inner red layer of the bark
shows up brightly-coloured between the two untouched ends. With
some trouble and much caution, he now loosens the bark at one end,
and opens the cylinder. He then stands up, takes hold of the free
edge with both hands, and turning it inside out, slowly but steadily
pulls it off in one piece. Now comes the troublesome work of
scraping all superfluous particles of outer bark from the outside of
the long, narrow piece of material, while the inner side is carefully
scrutinised for defective spots. At last it is ready for beating. Having
signalled to a friend, who immediately places a bowl of water beside
him, the artificer damps his sheet of bark all over, seizes his mallet,
lays one end of the stuff on the smoothest spot of the log, and
hammers away slowly but continuously. “Very simple!” I think to
myself. “Why, I could do that, too!”—but I am forced to change my
opinions a little later on; for the beating is quite an art, if the fabric is
not to be beaten to pieces. To prevent the breaking of the fibres, the
stuff is several times folded across, so as to interpose several
thicknesses between the mallet and the block. At last the required
state is reached, and the fundi seizes the sheet, still folded, by both
ends, and wrings it out, or calls an assistant to take one end while he
holds the other. The cloth produced in this way is not nearly so fine
and uniform in texture as the famous Uganda bark-cloth, but it is
quite soft, and, above all, cheap.
Now, too, I examine the mallet. My craftsman has been using the
simpler but better form of this implement, a conical block of some
hard wood, its base—the striking surface—being scored across and
across with more or less deeply-cut grooves, and the handle stuck
into a hole in the middle. The other and earlier form of mallet is
shaped in the same way, but the head is fastened by an ingenious
network of bark strips into the split bamboo serving as a handle. The
observation so often made, that ancient customs persist longest in
connection with religious ceremonies and in the life of children, here
finds confirmation. As we shall soon see, bark-cloth is still worn
during the unyago,[52] having been prepared with special solemn
ceremonies; and many a mother, if she has no other garment handy,
will still put her little one into a kilt of bark-cloth, which, after all,
looks better, besides being more in keeping with its African
surroundings, than the ridiculous bit of print from Ulaya.
MAKUA WOMEN

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Technology in the Law Office – Ebook

Case and Practice Management Software 291 Duty to Supplement 337

ChapTer 17 GLOSSARY 596

Learning Objectives 512

■ From The auThor

UNIT ONE—THE FUNDAMENTALS presents an introduction to the use

UNIT TWO—THE BUILDING BLOCKS shows the uses of law-related

UNIT THREE—SPECIALTY APPLICATIONS SOFTWARE offers an

UNIT FOUR—E-DISCOVERY provides an overview of the underlying court

UNIT FOUR—COMPUTER APPLICATIONS IN LITIGATION presents

ChapTer 4 The inTerneT, The ClouD, anD CommuniCaTions

ChapTer 5 WorD proCessinG

A. Family Budget (family law related exercise)

ChapTer 8 uTiliTies, appliCaTions anD Tools

ChapTer 9 oFFiCe manaGemenT soFTWare

ChapTer 10 Case orGanizaTion anD manaGemenT

ChapTers 11–14 eleCTroniC DisCovery

■ openinG sCenarios OPENING SCENARIO

■ enD-oF-ChapTer exerCises anD maTerials

■ GeTTinG reaDy To use soFTWare

Technology Resources Website

■ oFFiCe manaGemenT anD aCCounTinG soFTWare

■ Case orGanizaTion anD manaGemenT soFTWare

■ presenTaTion anD Trial GraphiCs soFTWare

■ The eleCTroniC CourThouse

■ DoWnloaDable anD prinTable soFTWare TuTorials

■ exTenDeD usaGe soFTWare anD paCkaGes:

■ virTual laW oFFiCe experienCe in CourseConneCT

■ Students engage in a workplace experience as a law office intern.

■ Students can see technology being used in the law

SUBP-010 [Rev. July 1, 2010]

■ Ask the Law Librarian Instructional

■ Ask Technical Support links to the Technology Resources

■ Case Materials contain all of the case information and

Davis Hilary, a minor, by his : No.: 24-1432

Date: September 14, 2011

■ poWerpoinT leCTure presenTaTion

abacus lexisnexis Wordperfect

THOMAS F. GOLDMAN, JD, is Professor Emeritus of Bucks County

Computer technology is used in the following ways in the law office:

word processing—preparing documents

Internet. Finding businesses and individuals is now handled most efficiently

exhibit 1.1 a typical law Firm Website

■ the impact Of the federaL ruLes Of civiL

and related electronic communications that could be connected with potential

■ technOLOgy suppOrt in the Law Office

adVice frOm The fieLd

Newala, too, suffers from the distance of its water-supply—at least

The water-supply of New Newala is in the bottom of the valley,

NATIVE PATH THROUGH THE MAKONDE BUSH, NEAR

MAKONDE LOCK AND KEY AT JUMBE CHAURO

MODE OF INSERTING THE KEY

With no small pride first one householder and then a second

Some consolation was afforded me by a brassfounder, whom I

SMOOTHING WITH MAIZE-COB

CUTTING THE EDGE

LAST SMOOTHING BEFORE

FIRING THE BRUSH-PILE