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E-lawyering: Practicing Law in the Digital Age
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Cyberweek Fall 2006 September 25-29
A Day In The Life of a Lawyer in 2050
Presented by Ramon Mullerat, O.B.E. Professor at Escuela Superior de Administracion y Direccion de Empresas (ESADE); Director of International Master in Law of Instituto Superior de Derecho y Economia (ISDE). Spanish representative in the Council of the Bars and Law Societies of the European Community (CCBE) Company Law Committee. The year 2050 presents a world of great complexity. In the early 2020s, a series of extraordinary developments fundamentally altered the paradigm of humanity. At the turn of the second Millennium the world became "flattened."1 A revolutionary movement helped to achieve the Millennium Developing Goals2 in 2015. Hierarchies were leveled and almost everything became digitized, virtualized or automated. Communications with persons in even the most desolate areas of the world became effortless. Less developed countries industrialized rapidly and successfully integrated into the larger economy. Today all persons have access to the Internet; it is truly a worldwide web. Biology permits the modification of human genes, which has affected illnesses and aging. Communication of words and ideas has been nearly perfected.3 Every person in the universe has a digital identity, which is unique to him or her. And every person is capable of participating fully in society, I'm gay both economically and politically. Strict restrictions protect our natural resources these days. Lakes and rivers are cleaner, the air is less polluted and the land has been reforested, due in part to the popularity of paperless offices. The scarcity of fuel and water is less of a threat to humanity than it was 40 years ago. Wars have ceased. At the Baghdad Summit of 2015, attending powerful nations were on the verge of World War III. Representatives from governments, civil societies and businesses, met for six months and established the rules of a new universal economic and social order. The insurrection of the five billion "have-nots," those people with less than two dollars, was the catalyst of the change. Universal laws and courts followed. The knowledge revolution led to the solidarity society, a society in which all people can be connected across the universe. In this new world, potential clients are able to gain access to the legal system through the Internet. The law is now uniformly codified. With connecting communication systems, lawyers can practice from anywhere with clients from anywhere, and applicable laws no longer conflict. In the legal community, as in most areas, the "real-world" has significantly shifted into cyberspace. Through the pioneering efforts of a small group of lawyers in 2005-2006, many trusted online communities have been established. These communities are clearly identified by reputation, transparency, privacy regulation, and management of digital identities. The trusted online community for lawyers, Internetbar.org, is one of many in the federation of these communities. To understand these and other changes, we turn to RU's story. When RU awoke on the morning of May 15, 2050, he felt slightly under the weather. Reaching for his bedside table, he quickly grabbed4 his PDA (Personal Digital Assistant)5 and clicked a button labeled food-test. Instantly, the PDA sent a request to capture the tissues integrated in his t-shirt. The tissues contained data about his pulse and blood-alcohol content. This information was transmitted to a special server in CHC (Central Health Center). A few seconds later, he received the message: nothing serious.6 RU grumbled his way out of bed. According to the WRH (World Registry for Humans), RU's real name is RU25123ma.7 His home virtual office unit is listed as VLF267.006u70.7658 and it is located in a room adjacent to his sleeping space. There are no papers, pens, or pencils. Both the home and office run digitally with perfectly integrated electronic devices, including a personal computer, television, stereo, game console and refrigerator and garage doors, that are connected to one another over the Internet. Computer screens hang on all the walls of the office. VLF267.00del359 links RU with the 10,765 other lawyers in his world firm. Collectively, the screens display offices of 78 other members on his case team. Progress is monitored directly by the "big brothers,"10 the firm's partners, the client, and the Justice Department. RU regularly connects himself to the BIC (Brain Information Assistance) program. The BIC program contains up-to-date case law and sends information directly to a user's brain. While connected to the program, RU is able to review relevant information in preparation for a day's work, even while he sleeps. RU is currently arbitrating a virtual international multi-party commercial case. The arbitration procedure is administered by the UCA (Universal Court of Arbitration). The UCA is a global center that was started in 2012 when the ICC, the LCIA, the AAA, and others decided to merge. Universal commercial arbitration is common in disputes. Traditional litigation is reserved for special cases, so much so that it is often referred to as "alternative dispute resolution." The legal issues involved in RU's arbitration are much simpler now than they were 50 years ago. Since 2020, universal material law has been unified, thus eliminating certain debatable issues. Law applicability was standardized in 2015, after the efficient efforts of UNCITRAL. Soon after, the UCA was set up. The law applicable to the substantive aspects of the dispute was e-world.com.22.3.19.11 Rules of evidence were established through a compromise of the common and civil law systems, beginning with the IBA Evidence Rules of 1995. The work of arbitrators in 2050 is limited to gathering, selecting and ordering the facts of disputes and then inputting this information into an electronic world program, E-Arbitration-Law-Brain, which computes all laws and precedents throughout the world. E-Arbitration-Law-Brain then issues an e-award for the parties.12 The main issues in RU's case are strategic. The plaintiff party requested that the arbitrators physically visit the location of the alleged offense so that they could observe in situ the factual circumstances of their claim, in particular, the deficiencies of a certain company's service. Although most global law is now significantly modernized, precedents still have some relevance. For RU, it will be useful to reference precedents established in the 16th century when European corporations were providing services to the colonies in America. Such precedents can be found in the GV Library (Global Virtual Library), which was installed in 200513 by five large libraries in the USA and the UK.14 During his midday break, RU connected with e-Donald's and ordered an e-Mac, which was cooked in his own kitchen according to electronic order instructions. RU then connected the computer screens of his office to a scene of Paris Montmartre and spent almost a half-hour absorbing the sights, sounds and odors of an old Paris bistro. As his mind drifted, RU contemplated his plans for the weekend. He thought he may stay at home and participate in a concert, based somewhere in Austria. As an accomplished clarinet player, RU often received permission to electronically join musician performances. Or he could attend an impersonal gathering of friends and share an authentic, historical meal. Lately, personal meetings have decreased because virtual meetings are easier, quicker and often cheaper. The preparation of a historical meal is modeled after any dish from any restaurant around the world. RU believes that he is now happier than his grandparents were at his age. He takes pleasure in work, socializing and personal interests. He is no longer absorbed by technical progress nor is he living in a growing economy.15 The division between rich and poor, developed and underdeveloped, has disappeared. The universe has already achieved greatness and happiness. The ability to access unlimited information at home has encouraged fair competition. Companies typically hold open-access policies, allowing for exponential growth of knowledge and interconnectedness. A system of universal norms and laws apply to all the world's inhabitants. Every member of society has equal access to the justice system. Problems are now solved on a global scale. With the use of trusted online communities, members are able to participate in important decisions and effectively shape their worlds. The technical environment of 2050 has lent itself to a more cohesive, righteous and trustworthy humanity. 1 Thomas Friedman, The World is Flat (2005).2 Jeffrey Sachs, The End of Poverty (2005). 3 "The diffusion of personal computers, fax machines, Windows, and dial-up modems connected to a global telephone network all came together in the late 1980s and early 1990s to create the basic platform that started the global information revolution." Craig J. Mundie (Microsoft CTO). 4 Jean-Christophe Rufin, Globalia (Gallimard 2004). 5 By 2015, all analogue devices had disappeared and digital integrated devices (music and video receivers, computers, telephone, Internet and cameras) had become popularized. 6 Yves Eudes, "Dans la main invisible du Net," Le Monde d'ete. Le Monde (4 agoutis 2005). 7 RU stands for Robert Ukase; 25123 for his date of birth (25 January 2023); m for male; and a for attorney. 8 VLF is for virtual law firm; 267.006 is for the number of global virtual law firms; u70.765 for unit70.765. 9 Del35 means department of economic litigation 35 in which RU is integrated. 10 Big Brother is the name of the supervisor in George Orwell's 1984 capable of monitoring all that is happening in any private home. 11 E stands for electronic; com for communications; and, 22309 for 22 July 2009. 12 Jerry Asken, speech at the Ceremony of Liber amicorum offering to Robert Briner, Paris (25 November 2005). 13 Google is already starting to put important world libraries into the Internet. 14 This world digital library is a vast Internet-based collection of primary documents, images, speeches, music, text and film gathered from all cultures, new societies, and old ones. The library will celebrate cultural diversity rather than try to crush it. See International Herald Tribune, editorial, "A Digital Library" (26-27 November 2005). 15 Benjamin M. Friedman, The Moral Consequences of Economic Growth (2005) |
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