Cyberweek October 23 - 28, 2005 Sponsored by University of Massachusetts Center for Information Technology and Dispute Resolution and InternetBar.org

Welcome to Our
CyberWeek Fall 2005
October 23 - 28, 2005
Presentation

QUICK LINKS:

  Cyberweek Home Page
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  Sponsors:

  InternetBar.org
  ODR.info

  Join InternetBar.org

Programs:

  Home

  E-Lawyering:

  Will Web-Enabled Document
  Automation Disrupt the Legal
  Profession?

  Online Best Practices

  InternetBar.org Africa
  Committee Forum

  Ethics:

  Ethics and Trust in a
  Networked Society

  The State of the World, the
  Law and Lawyer in the 21st
  Century

  Forums Main Page

InternetBar.org welcomes the distinguished representatives of the African Legal Community to our conference. This inlcudes the involvement of 8 Bar organizations in Africa, the Attorney General of Lagos state, Nigeria and several major African media organizations.

The Shidler Center for Law, Commerce & Technology at the University of Washington School of Law is seeking your help in coming up with a set of best practices or solutions to some of the ethical/structural impediments to e- lawyering identified in the outline (i.e., we would like you to help us flesh out Part III of the document). Your answers to the following questions would be extremely helpful in this regard.

Download: Impediments to E-Lawyering

TECHNOLOGY/APPLICATIONS	Competence and Duty to Inform: ABA Rules 1.1 & 1.4	Limited Scope of Representation: ABA Rule 1.2(c)	Confidentiality: ABA Rule 1.6	Conflicts: ABA Rules 1.7-1.8	Fee Sharing and MDP: ABA Rule 5.4	Advertising: ABA Rules 7.1-7.5	MJP: ABA Rule 8.5
Email More Info Discussion Forum	Representation that may not be competent (if services unbundled, confidentiality breached, lack of electronic communications comprehension).	A brief answer to a question via e-mail without offering a type of complete assistance raises the issue of "unbundling" legal services.	Inadvertent formation of attorney-client relationship. Breach of confidentiality if breach of security. Problems in the arena of document retention and destruction.	Potential conflict of interest if client is not subjected to conflicts check.		Violation of legal advertising rules if clients solicited through email.	Engagement in UPL in a number of jurisdictions if email to out-of-jurisdiction client.
Discussion forums, private "chat" or "deal" rooms, blogs More Info Discussion Forum	Representation that may not be competent (if services unbundled, confidentiality breached, lack of electronic communications comprehension).	A brief answer to a question in a message board post without offering complete assistance raises the issue of "unbundling" legal services.	Inadvertent formation of attorney-client relationship. Breach of confidentiality if breach of security. Problems in the arena of document retention and destruction.	Possible conflict of interest if client is not subjected to conflicts check.		Violation of legal advertising rules if client solicited through chat rooms/chat clients, forum, etc.	Engagement in UPL in a number of jurisdictions if communication with out-of-jurisdiction client.
Client intake through interactive website More Info Discussion Forum			Inadvertent formation of attorney-client relationship.	Possible conflict of interest if client is not subjected to conflicts check.	Violation of legal advertising rules if client solicited through chat rooms/chat clients, fora, email, etc.
Document drafting through interactive website More Info Discussion Forum	Representation that may not be competent (if confidentiality breached due to security failure or lack of electronic communications comprehension).	Raises the issue of "unbundling" legal services in document preparation.	Inadvertent formation of attorney-client relationship if lawyer assists in document preparation. Breach of confidentiality if breach of security. Problems in the arena of document retention and destruction.		Breach of restrictions on partnering and splitting fees with non-lawyers, here, the document preparer.		Engagement in UPL in a number of jurisdictions if lawyer assists in document preparation for out-of-jurisdiction client.
Extranets More Info Discussion Forum	Representation that may not be competent (if confidentiality breached due to security failure or lack of electronic communications comprehension).c		Breach of confidentiality if failure in extranet security (hackers, viruses, etc.) Problems in the arena of document retention and destruction.
Virtual libraries More Info Discussion Forum			Inadvertent formation of attorney-client relationship if person accessing and reviewing the library considers the information legal advice.				Engagement in UPL in a number of jurisdictions if legal information in virtual library considered "the practice of law."