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At the gym yesterday, I read an article in Forbes by Peter Huber which discusses how the system employed to record real property title, security interests, etc. is and should change due to technology.  I would also note that for reasons having nothing to do with digital data and electronic communications, title insurance isn’t used in many civilized countries outside the USA.

Mr. Huber’s article brought to mind a company Andrew Craig and I have been working with.  That company has a business that scrapes electronic and paper records to create alerts of threats to institutional and engineering environmental controls for historically-contaminated real property.

It works like this:  if you were to remedy historical contamination by placing a physical cap and recording a deed restriction, but then not be in a position to observe whatever may go on at the property thereafter (most likely you sell or close the factory and move away), as a subscriber to the tracking service you would receive an alert, by way of example, if reporting on the control goes out of compliance or someone applies for a permit that could interfere with it.   I think that one of Andrew’s clients or a responsible party predecessor at a remediated site is considering subscribing to the service for its site(s).  Mike and I are involved in a discussion with a similar company about how the information technology they have developed may have application to insurance claims.

What I think we are seeing is that these companies have cool products in search of drivers to make a market that is emerging.

Obviously, information technology is a game-changer for an information business like law.  Today’s consumer of legal services is increasingly unwilling to pay lawyers’ fees for service the consumer perceives to be at best “paperwork” and, at worst, clerical repackaging of data and analysis that already exists.  (Cisco’s general counsel, Mark Chandler, made a well-publicized speech addressing these themes.)   As Mr. Huber discusses, today’s technologies provide cost-effective means of performing that work and the law will adopt them.

April 22 is Earth Day. Since 1970, environmental enthusiasts have used Earth Day to bring attention to the condition of our planet. But for some reason this time around, Earth Day seems to have a greater significance.

Perhaps it’s because a gallon of gas costs more than a gallon of milk? This morning one of the T.V. news shows juxtaposed two signs outside a gas station mini-mart: “Milk: $2.99/gal.” and “Unleaded: $3.99/gal.”  Indeed, hitting the $50 or $60 mark for the first time when filling up your tank kind of smarts. Ouch.  
          
The Earth’s natural resources are not unlimited, and people are starting to notice. It would appear that the laws of economics find themselves in the service of environmentalism. For whatever reasons, the general wisdom is acknowledging climate change, and people are taking action.      

For me, “going green” is not a trend or a fad; it’s a lifestyle, just like eating healthy. It’s about making smart choices, and choosing the “green choice” when you can.

This does not mean you have to trade in your SUV for a bicycle and go vegan. Who am I to tell others how to live their lives? I’m not a perfect “tree-hugger” either - I wanted to use low-VOC paint in my home, but the colors I wanted did not come in the eco-paint. So I stuck with the old-fashioned latex.  In the spirit of Earth Day, I will share some easy green choices I’ve made:

      * I try to reduce the need for unnecessary plastic. If I pick up cup of coffee, I pour the milk in the cup first, and then add the coffee. The act of pouring the coffee into the milk mixes the two, and there’s no need to use a little plastic straw for stirring.

      * If I’m picking up a 6-pack at the liquor store or a 12-pack of soda, I skip the plastic bag. They come with handles for carrying.

     * I throw grocery store shopping bags in my trunk after I empty them. Then I toss them in my shopping cart and reuse them on the next shopping trip. Some stores even give you a credit for reusing bags or bringing in cloth ones. (Wow - 2 cents a bag! I’m going to be rich!)

     * I try to use paper wisely by printing double-sided documents. Everyone in our office e-mails and works in digital versions of documents whenever possible. We also encourage other lawyers to provide document productions in electronic format such as a CD, and we offer to provide them documents on CDs as well. The Federal courts use electronic filing. Maybe one day the NJ courts will, too, although that’s a long shot.

    * I use a refillable plastic water bottle and coffee mugs from home instead of the plastic and Styrofoam cups in the kitchen. While it would be great if others followed my lead on this, that’s also a long shot.
 
The above suggestions make “cents” by conserving resources. After all, buying less paper and cups saves money.  Stay tuned for future blogs on how going green can provide both environmental and economic benefits to individuals and to businesses.