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Chapter 3 three technology in civil litigation civ lit 2nd
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Chapter 3 three technology in civil litigation civ lit 2nd
1.
Civil Litigation: Process and
Procedures Chapter Three Technology in Civil Litigation
2.
Technology in Litigation
Document preparation Maintaining client databases Keeping client & office accounts Electronic communications Research Document filing Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 2
3.
Typical Law Office
Uses Word processing Electronic spreadsheets Time & billing programs Accounting programs Calendaring/docketing Graphic presentation software Trial presentation software Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 3
4.
Law Office Uses,
cont. Internet search engines Databases Document scanning Document searching E-mail & electronic document delivery On-line collaboration On-line document repositories Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 4
5.
Document Storage
In order to share information with courts, clients, opposing counsel & other firm offices, it must be available through remote access Transmission via e-mail CDs & DVDs Servers On-line document repositories Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 5
6.
Delivery
On-line security concerns differ from hard copy concerns Intentional hacking Security at remote sites, such as public courthouses Security between firm offices Secure communications of confidential information to clients Accidental forwarding or “reply all” Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 6
7.
On-line Storage
and Collaboration Various members of a legal team need to access material Between firm offices Between in-house and outside counsel Between all members of the team On-line collaboration software permits several people at remote locations to manipulate the same information. Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 7
8.
Secure Remote Access Civil
Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 8
9.
Computer and
Network Security Workstations connected to a network are potential sources of Tainted software Viruses introduced via the internet Intentional tampering Network administrators can limit access Block unauthorized software installation Protect the file server from hackers Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 9
10.
Firewalls and Encryption
Firewalls are designed to protect individual computers or servers They protect the server by blocking viruses Care must be taken to not block remote transmissions from the offsite locations Encryption programs use algorithms to scramble documents, rendering them unintelligible to anyone without the key. Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 10
11.
Computer Viruses
May be introduced in tainted software or via the internet Can create minor inconveniences or major headaches Destroy data Corrupt computer components Can be deterred with virus protection, which must be updated frequently to protect against the newest virus Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 11
12.
Federal Rules
of Civil Procedure December, 2006 revision Acknowledges the increased use of electronically stored documentation Addresses the issue of document retention, without providing precise guidelines Permits electronic searches for “smoking gun” documents Documents must still be screened for “non- discoverable” material Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 12
13.
Technology Support
In-house IT staff may be An attorney A paralegal A secretary An office friend A knowledgeable relative or child An IT expert hired for that purpose Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 13
14.
In-House IT Staff
What services are required inside the office? Buying, training, maintaining, repairing equipment Long-range planning & emergency accommodations in trial preparation Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 14
15.
In-House IT Staff,
cont. What range of services are required outside the office? Deposition videotaping Access to home files on the road Presentations in courtrooms What are the obstacles? Support & training Necessary, compatible equipment Ability to handle heavy graphic/video/audio files Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 15
16.
Outside IT Consultants
May be hired Solely for maintenance or repair purposes. To consult in choosing appropriate hard- & software for the desired applications To perform “help desk” & training duties To create presentations, databases, spreadsheets To operate equipment in trial Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 16
17.
Outside IT Issues
Must be able to work within the parameters of the firm’s equipment & budget Must understand the importance of confidentiality Must not present an obvious conflict of interest Must agree upon ownership of presentations created for the firm Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 17
18.
Courthouse Technologist
May help Determine what audio/visual or computer equipment is available in which courtrooms Set-up at trial Determine compatibility with firm systems Help by-pass or reduce extensive security clearance checks for equipment brought to court. Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 18
19.
Outsourcing Tasks
Ordinary, recurring office functions Payroll Taxes Client accounts Billing Service provider should have a system that is compatible with the firm’s Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 19
20.
Competency
IT staff must be aware of ethical constraints & evidentiary issues: Confidentiality of client information Privileged communications Assigning law office staff, such as a paralegal, to guide IT staff & consultants can prevent an ethical violation from occurring. Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 20
21.
Confidentiality and Privilege
Confidentiality is a broad, ethical concept: lawyers & their agents may not reveal any client confidences without the informed consent of the client. Privilege is an evidentiary issue prohibiting lawyers & their agents from testifying against a client about matters in which a client has sought legal advice. The privilege belongs to the client, not the lawyer. Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 21
22.
Work Product
Narrower than attorney/client privilege Protects materials prepared in anticipation of litigation from Discovery Found in Rule 26 (B)(3) of the Federal Rules of Civil Procedure, and Rule 16 (B)(2) of the Federal Rules of Criminal Procedure. Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 22
23.
Exceptions
Client waiver In extreme situations, to prevent a crime of violence May include serious financial harm, if the lawyer’s services are involved In order to correct a loss stemming from a crime or fraud in which the lawyer’s services were used When the client sues the lawyer Upon a final order from a tribunal of competent jurisdiction Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 23
24.
Extension of
Privilege to Agents Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 24
25.
Conflict of Interest
Although paralegals, as members of the legal team, must be considered in conflicts checking, outside IT consultants are not clearly covered. Consultants do not offer legal advice They are, however, privy to trial strategy & confidential information. Should be certain the client’s interests are not jeopardized, and perhaps even obtain informed consent in a case of direct conflict (or seek other assistance!) Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458. All Rights Reserved. Goldman/Hughes 25
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