Category Archives: Chapter 4: Technology and Ethics
Laurel S. Terry, Steve Mark, and Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology (2012).
Globalization and modern technology have increased the pace of change in the legal profession, and so practitioners and regulators are constantly faced by novel problems to resolve. This article identifies 6 different types of challenges facing modern lawyers and regulators, … Continue reading
Posted in Novel Problems
Comments Off on Laurel S. Terry, Steve Mark, and Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology (2012).
Will Hornsby, Professional Responsibility When Lawyering in a Virtual World (2008).
Will Hornsby notes that regulation of lawyering services can rarely keep pace with changes in the profession. Particularly when lawyers embrace the use of new technology in their practices, states struggle to update regulations in accord with the evolving expectations … Continue reading
Posted in Novel Problems
Comments Off on Will Hornsby, Professional Responsibility When Lawyering in a Virtual World (2008).
Danielle Citron, Technological Due Process (2007).
Danielle Citron notes that, in light of the embrace of the internet, document automation, and other modern technologies, traditional notions of due process require an update. Some formerly necessary procedural protections have become ineffective, redundant, or unnecessary in the face … Continue reading
Posted in Managing Data Ethically
Comments Off on Danielle Citron, Technological Due Process (2007).
Ethical and Regulatory Aspects of Online Document Assembly Services (2010 Webinar).
Participants in the field of online legal document assembly services must beware of a numerous ethical and regulatory lines that ought not be crossed. This webinar discusses some of the most essential of these lines. Ethical and Regulatory Aspects of … Continue reading
Posted in Managing Data Ethically
Comments Off on Ethical and Regulatory Aspects of Online Document Assembly Services (2010 Webinar).
Catherine Lanctot, Attorney-Client Relationships in Cyberspace: The Peril and The Promise (1999).
Catherine Lanctot examines the issue of “lawyerlayperson communications in cyberspace.” Existing case law indicates that online communications of specific legal advice are likely to be viewed as creating attorney-client relationships, despite any purported disclaimers. Lanctot’s survey of case law and … Continue reading
Posted in Managing Data Ethically
Comments Off on Catherine Lanctot, Attorney-Client Relationships in Cyberspace: The Peril and The Promise (1999).
ABA Standing Committee on the Delivery of Legal Services, White Paper: An Analysis of Rules that Allow Lawyers to Serve Pro Se Litigants (2009).
The US’ various jurisdictions employ differing rules to regulate attorney-client relationships. This white paper discusses how states are modernizing these rules to accommodate the increasing number of pro se litigants nation wide. In order for lawyers to service clients who … Continue reading
Posted in Relating to your End-User
Comments Off on ABA Standing Committee on the Delivery of Legal Services, White Paper: An Analysis of Rules that Allow Lawyers to Serve Pro Se Litigants (2009).
ABA’s Law Practice Management Section on e-Lawyering.
The ABA website provides a general guide on providing lawyering services via the internet. From advertising and document collection to jurisdictional limitations and cross-website attribution, numerous topics with connection to e-Lawyering are briefly discussed. ABA’s Law Practice Management Section on e-Lawyering.
Posted in Relating to your End-User
Comments Off on ABA’s Law Practice Management Section on e-Lawyering.
Catherine Lanctot, Scriveners in Cyberspace: Online Document Preparation and the Unlicensed Practice of Law (2002).
Lawyers have a difficult time defining what they mean by “the practice of law,” and the lack of a clear definition causes added challenges as the practice of law faces economic crises. Though web-based automated lawyering services could alleviate some … Continue reading
Posted in Relating to your End-User
Comments Off on Catherine Lanctot, Scriveners in Cyberspace: Online Document Preparation and the Unlicensed Practice of Law (2002).
Taiwo Oriola, The Use of Legal Software by Non-Lawyers and the Perils of Unauthorised Practice of Law Charges in the United States (2010).
Taiwo Oriola critically reviews the 9th Circuit Court decision In re: Jayson Reynoso: Frankfort Digital Services et al., v. Sara L. Kistler, United States Trustees et al. (2007) 447 F.3d 1117. The non-lawyer appellants were indicted with unauthorized practice of … Continue reading
Posted in Relating to your End-User
Comments Off on Taiwo Oriola, The Use of Legal Software by Non-Lawyers and the Perils of Unauthorised Practice of Law Charges in the United States (2010).
Will Hornsby, The Ethics of Client Development Through Technology (2010).
Will Hornsby comments on the effects the internet has had on lawyers’ development of client relationships. Lawyers must comply with evolving rules and standards of ethical client development, many of which differ from state to state. Hornsby offers some guidance … Continue reading
Posted in Relating to your End-User
Comments Off on Will Hornsby, The Ethics of Client Development Through Technology (2010).
