Justice and Technology Practicum
description
Transcript of Justice and Technology Practicum
Justice and Technology Practicum
Class 69-27-11
Guest Lecturer: William Hornsby
Staff Counsel ABA Standing Committee on the Delivery of Legal Services
Functions of Lawyering Dispute Resolution Compliances
UPL Who is most hostile to UPL? UPL may depend on the definition
of the practice of law – Drafting From Dacey to Parsons to Reynoso What about LegalZoom? – Product
or Service?
As applied to Technology “Websites don’t just grow out of thin air
and aren’t maintained out of thin air. They’re put together by people; they’re put on the Internet; and it’s not the web site that provides the assistance. It’s the people who develop the web site that provide the assistance.”
In re Reynoso
Janson et al v. LegalZoom “A computer sitting on a desk in
California cannot prepare a legal document without a human programming it to fill in the document using legal principles…”
The notion of product vs. service The dumber the better; the
smarter the worser?
Forming a Lawyer-Client Relationship
In the eye of the beholder Two-step analysis
Does the person believe there is the relationship?
Is there a reasonable basis for that belief?
Legal Information vs. Legal Advice Direction for court clerks, librarians.
What if the Rules Apply? MR 1.2(c) Limited scope of
representation Reasonable under the circumstances Informed consent
MR 1.1 Competence Duty to make inquiry
MR 1.3 Diligence Zealous advocacy
Application of rules Confidentiality
Security of Information (Cloud issues) Conflicts
Imputed conflicts – MR 6.5 Candor toward the tribunal
Ghostwriting
Questions to ask ourselves Can we avoid UPL?
Can we work outside of the definition of the practice of law?
Is there a difference between services in the marketplace and those for the public good?
How can we control the determination of the lawyer-client relationship?
If we work within the lawyer-client relationship, how can we comply?
What about the future?
Virtual Worlds From 2-D text-based interface to a
3-D graphic-based interaction Portable Avatars Integrating AI with human
interface
Questions/Comments