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Bostonbarjournal January/February 2009 BostonBarA Publication of the Boston Bar Association Journal Web 2.0 and the Lost Generation Web 2.0: What’s Evidence Between “Friends”? Q W The New E-Discovery Frontier — Seeking Facts in the Web 2.0 World (and Other Miscellany) do you E Twitter? Massachusetts Adopts Comprehensive Information Security Regulations updated 3 minutes ago Law Firm Added You as a Friend What Happens When the College Rumor Mill Goes Online? R 77º The Future of Online THIS AGREE- Networking MENT (hereinafter referred to as the “Agreement”) made and entered into this ____________ day of Y tweet! T Boston Bar Journal • January/February 2009 1 Boston Bar Journal Volume 53, Number 1 January/February 2009 Contents President’s Page 2 Officers of the Boston Bar Association President, Kathy B. Weinman President-Elect, John J. Regan BBJ Editorial Policy 3 Vice President, Donald R. Frederico Treasurer, Lisa C. Goodheart Secretary, James D. Smeallie Departments Members of the Council Opening Statement 4 Lisa M. Cukier Damon P. Hart Edward Notis-McConarty Paul T. Dacier Christine Hughes Maureen A. O’Rourke Web 2.0 and the Lost Generation Anthony M. Doniger Julia Huston Laura S. Peabody Bruce E. Falby Kimberly Y. Jones Mala M. Rafik By Donald R. Frederico George P. Field Wayne M. Kennard Rebecca B. Ransom Laurie Flynn Grace H. Lee Douglas B. Rosner First Principles 5 Lawrence M. Friedman James D. Masterman Charles E. Walker, Jr. Elizabeth Shea Fries Wm. Shaw McDermott Mark J. Warner Web 2.0: What’s Evidence Randy M. Gioia Between “Friends”? Past Presidents By Seth P. Berman, Lam D. Nguyen Anthony M. Doniger Hugh R. Jones, Jr. Hon. Margaret H. Marshall and Julie S. Chrzan Edward J. Barshak Michael B. Keating Edward I. Masterman Joseph W. Bartlett Joseph L. Kociubes John A. Perkins John G. Brooks Renée M. Landers Rudolph F. Pierce New Discoveries 8 R.J. Cinquegrana Edward P. Leibensperger Joel M. Reck John J. Curtin, Jr. William F. Looney, Jr. Richard W. Renehan The New E-Discovery Frontier — Seeking Gene D. Dahmen Joan A. Lukey Lauren Stiller Rikleen Facts in the Web 2.0 World Anthony M. Doniger Hon. James P. Lynch, Jr. Mary K. Ryan (and Other Miscellany) John P. Driscoll, Jr. Hon. Sandra L. Lynch Richard A. Soden Thomas E. Dwyer, Jr. James J. Marcellino Raymond H. Young By Martha A. Mazzone Boston Bar Journal Board of Editors Heads Up 12 Bonnie Sashin, Editor Matthew C. Baltay Aaron J. K. Ostrow, Associate Editor Manisha H. Bhatt Massachusetts Adopts Comprehensive Catherine F. Meeks, Layout and Cover Design Madeleine Blake Lisa S. Burton Information Security Regulations Michael A. Collora The Boston Bar Journal is published five times a By Peter M. Lefkowitz year by the Boston Bar Association at 16 Beacon Hon. Judith Fabricant Street, Boston, Massachusetts 02108. Tel. (617) Donald R. Frederico (Chair) 742-0615. Articles from the members of the Hon. Mark V. Green Practice Tips 14 Boston Bar Association are encouraged. Mail all Joseph Halpern Martin R. Healy correspondence to the Boston Bar Journal, 16 Law Firm Added You as a Friend Beacon Street, Boston, MA 02108. Visit the Boston J. Allen Holland Bar Association at www.bostonbar.org. Articles Kimberly Y. Jones By Stephen G. Charkoudian Elizabeth Eunjoo Kim appearing in the Boston Bar Journal represent the and Kenda J. Stewart views of their authors and do not necessarily carry Andrea Studley Knowles the endorsement of the Association. Paul G. Lannon, Jr. ©2009 Boston Bar Association. Hon. Peter M. Lauriat Heads Up 16 All rights reserved. Michael K. Loucks John Loughnane What Happens When the College Martha Ann Mazzone Advertising inquiries: David A. McKay Rumor Mill Goes Online? Call (617) 742-0615. Mark F. Murphy By Dana L. Fleming and Joseph M. Herlihy Timothy M. Murphy Regina S. Rockefeller Hon. Janet L. Sanders Kathleen Burdette Shields Vantage Point 18 Vivian Tseng Damian W. Wilmot The Future of Online Networking Hon. Gabrielle R. Wolohojian By Robert J. Ambrogi Boston Bar Journal • January/February 2009 1 President’s Page By Kathy B. Weinman “Send Lawyers, Guns, And Money”* hen the bank foreclosed on their Services by 27%. It is estimated that 20,000 fewer people in building, the Vietnamese- desperate need will be served as a result. WAmerican tenants were fully These cuts come at a time when the need for legal aid has paid up on their rent. During the foreclo- never been greater. People are struggling to survive and put sure, however, conditions at their food on their tables and shelter over their families’ heads. At residence had deteriorated; the building moments like these, the requests for legal assistance in areas had developed extensive leaks and the such as unemployment benefits, evictions, bankruptcy and heating system had broken down. The even domestic violence multiply. Neighborhood Legal Services, tenants — including the elderly and which serves the poor and the elderly in Essex County, has disabled — nevertheless persevered. experienced a 30% jump in calls in recent months. There are When the bank sought to evict them, they called Greater too many in need and too few resources to help. Boston Legal Services for help. A staff attorney, Zoe Cronin, led their successful defense. After exploring all avenues of What can — what should — we as lawyers do? redress, Cronin negotiated an agreement with the bank • Write to the governor, your state legislators and legislative entitling the tenants to a one-year lease at reduced rent, an leaders to urge them to preserve state funding of $11 million option to purchase the building, and compensation exceeding for civil legal services for both the current fiscal year and $40,000 for the conditions they had endured. fiscal year 2010. While maintaining funding at the current These tenants were fortunate. They had a lawyer. In normal level will not bridge the gap caused by the loss of IOLTA times, legal services programs in Massachusetts turn away revenue, at least it will not exacerbate what are already tragic over one-half of qualified callers in need of help as a result of consequences for the neediest residents of our state. Sample inadequate resources. letters can be found on website of the Equal Justice Coalition at www.equaljusticecoalition.org. But these are not normal times. Funding for legal aid in the Commonwealth of Massachusetts is in crisis. In recent years, • Donate to legal aid programs in your community and revenue generated by attorneys’ Interest on Lawyers’ Trust encourage your law firm or organization to maintain or Accounts (“IOLTA”) has comprised over one-half of the increase its contributions to legal aid programs. In fiscal year financial support for legal services in the state. Established by 2008 alone, law firm and individual donations to MLAC- the Supreme Judicial Court in the late 1980’s, the IOLTA funded programs totaled $4.1 million. A list of these program requires lawyers holding clients’ funds for a short programs may be found on MLAC’s website at www.mlac.org. time or in nominal amounts to deposit them in special interest- • Represent low-income individuals on a pro bono basis. In a bearing accounts. Most of the interest earned on those recent communication, the Volunteer Lawyers Project of the accounts is distributed to legal aid programs that serve the Boston Bar Association notified pro bono leaders at various poor and the elderly throughout the Commonwealth. As a Boston law firms that “[o]ver the next few months, we … will result of the dramatic drop in interest rates and the decline in be coming to you with more requests for assistance and new the number of real estate and other transactions, revenue projects to address the need,” particularly in areas such as generated by IOLTA for legal aid is projected to plunge by 54% “housing, including foreclosures, evictions due to foreclo- this fiscal year alone. sures, evictions and housing conditions cases; bankruptcy, The drop in IOLTA revenue has already translated into an both chapter 7 and 13; unemployment compensation appeals; unprecedented decline in the availability of legal services. The and domestic matters, including domestic violence.” Say yes Massachusetts Legal Assistance Corporation (“MLAC”), the when you get the call, but also seek out opportunities to help. largest funding source for civil legal aid in the Commonwealth, The BBA works with organizations such as the Volunteer was forced to slash its general support grants to legal services Lawyers Project to identify volunteer opportunities and train by nearly 40%, from $22 million last fiscal year to $13.5 million attorneys to handle the work. Check out their websites at this year. MLAC drained its reserves of its last $3.5 million to www.bostonbar.org/ps and www.vlpnet.org. do so, leaving no cushion for next year. Greater Boston Legal We must try to make a difference. In the words of Warren Services has already cut its budget by 13.5%, Neighborhood Zevon’s song, “The s--t has hit the fan.” Legal Services by 29%, and Western Massachusetts Legal *Send Lawyers, Guns, and Money is the name of a song written by Warren Zevon (© 1978 Zevon Music/BMI) 2 Boston Bar Journal • January/February 2009 Board of Editors Donald R. Frederico (Chair) Matthew C. Baltay Manisha H. Bhatt Madeleine Blake Lisa S. Burton Michael A. Collora Greenberg Traurig Foley Hoag Greater Boston Legal Services Greenberg Traurig WilmerHale Dwyer & Collora Hon. Judith Fabricant Hon. Mark V. Green Joseph Halpern Martin R. Healy J. Allen Holland Kimberly Y. Jones Massachusetts Superior Court Massachusetts Appeals Court Blue Cross and Blue Shield of MA Goodwin Procter Lynch Brewer Hoffman & Fink Elizabeth Eunjoo Kim, Andrea Studley Knowles Paul G.
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