Synopsis
This book has been organized into eight chapters to guide you through the process of automating your practice.
This book is a practical reference for applying technology concepts to the practice of law. This book chapters cover in a comprehensive manner the following areas. Chapter 1 entitled The Necessity for Automating the Practice of Law presents persuasive reasons for the automation of your practice. It is intended to challenge you to begin the visualization of how law will be practiced and to start the strategic planning for this revolution. The focus will be on the reasons for automating your practice , visualizing and implementing the virtual law office.
Chapter 2 is entitled Hardware and Software and provides basic information as to the hardware and software needed to automate your practice. From how much RAM you need for your computer to factors when considering a software upgrade this chapter explains the hardware and software concepts and practical considerations.
Chapter 3 entitled Networking and Group Computing explores the role of computer networking and Intranets in your practice as well as a discussion of the emergence of workgroup computing as we transition into the digital age.
Chapter 4 entitled The Internet and Telecommunications explores the exciting world of the Internet and the role of telecommunications in the practice of law. It explains the different digital information channels and the many modules of the most powerful communication device of all times The Internet. Among the many topics it provides pointers on accessing the Internet, selecting an Internet service provider (ISP), building your web site and a list of Internet sites to assist you in your practice.
Chapter 5 entitled Management and Personnel Technology Considerations focuses on engineering and re-engineering technology from a human resource perspective. Issues such as management support for technology integration, training approaches and competency testing for law firm personnel are discussed.
Chapter 6 entitled Computer Concepts and Legal Applications will discuss computer concepts and their application to the legal profession. It is necessary to understand basic computer concepts in order to integrate them into your practice. Document assembly, databases, full text systems and multimedia are a few of the concepts discussed.
Chapter 7 entitled Using Information Technology (IT) in Your Cases will focus on the office and litigation process on how to integrate IT into your cases. This chapter focuses on the practical steps and considerations of managing the legal and factual details of your case from the perspective of the litigation process.
Chapter 8 entitled Using Multimedia in Legal Proceedings will discuss using computers and technology in legal proceedings to assist you in persuading the trier of fact of your position. It discusses the practical considerations of presenting your case in a digital format and the courtroom issues that may affect your presentation. Techniques and tips on how to present your case and whether real-time reporting should be used are a few of the technology issues discussed.
The Glossary explains explain key computer definitions.
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About the Author
Michael R. Arkfeld
Assistant United States Attorney
District of Arizona
E-mail: Michael@Arkfeld.com
Michael R. Arkfeld is an Assistant United States Attorney for the District of Arizona specializing in civil tort litigation. His practice includes multimillion-dollar cases involving personal injury, medical malpractice, wrongful termination, and a host of other tort claims. He has appeared before both federal and state appellate courts and has extensive experience in jury and bench trials. His duties include comprehensive case management plans, investigation and deposing of expert and lay witnesses, pretrial preparation of witnesses and document organization, pretrial filing of documents, and appearances for motion hearings, pretrial conferences, trials, and appellate arguments. During 1996-97 he assisted in the information technology planning and implementation in the Winstar litigation. The Winstar litigation will involve over 100 Department of Justice attorneys, 400 plaintiffs and over 60 of the major law firms in the country with potential liability of twenty billion dollars. ($20,000,000,000).
Since 1985, Michael has incorporated personal computers extensively in his legal practice, and lectures frequently throughout the United States on the use of computers in litigation. His comprehensive approach to using computers in the practice of law includes calendaring, case action plans, full text document management, imaging, document assembly, databases, spreadsheet applications, graphics and computer generated simulations. Michael has authored the book - The Digital Practice of Law (4th Edition).
Michael is a member of the American Bar Association and a member of the Litigation and Law Practice Management Sections. As a member of the Law Practice Management Section he has been on the TechShow Planning Committees since 1996 which is responsible for the general overall planning for the TechShow Conference which annually attracts over 2,800 legal professionals. This includes the substantive program content and recommended speakers. Michael also is an Assistant Editor of the Litigation Applications Newsletter. As a member of the Litigation Section he serves on the Judicial Administration Division committee on the Admissibility of High Tech Evidence in the Courtroom. He recently has been appointed as the Chairperson of the Technology Committee for the Judicial Division of the American Bar Association.
He is also the Chairman of the Task Force on Integrating Technology into the Justice System for the State Bar of Arizona. This task force was formed to take facilitate the integration of technology into the justice system in the State of Arizona. Committee members include representatives from the courts, legislative, executive, state bar and law schools. The mission will be to implement a virtual justice system through the use of technology. Subject areas covered include electronic filing, electronic data on-line services, virtual conferencing, training for bar members, conferences and seminars, communications and other areas which impact the implementation of technology in the justice system such as the Internet.
Excerpt. © Reprinted by permission. All rights reserved.
Chapter 1- The technology revolution has forever changed society and the practice of law. When I graduated from law school in 1975 an office, law books, legal pads, typewriters, and pens were the primary tools of an attorney. The preparation of pleadings took many hours in the library and the services of a typist to produce a professional product. Now, over 20 years later the primary tools for a lawyer are a computer, CD-ROM drive, modem, printer and an Internet connection. The preparation of a pleading takes half the time then it took 20 years ago, based on legal research more accurate then 20 years ago, in a "virtual" office located wherever you are physically located. The digital revolution has substantially altered and will continue to alter the way law is practiced.
The cornerstone of this transition is the change from a paper and analog based society to a digital society. Analog devices such as video and audio recording devices record real events in real-time using film or audiotape. Digital is the recording of information in a binary manner as 1's and 0's for use by a computer. Once in a digital format all forms of information - data, sound, graphics, text, video - can be stored, accessed, retrieved, manipulated, organized and sent over the Internet using computers anytime and anywhere.
Chapter 4 - Communication and the sharing of information tie our society together. Like the nervous system that connects the human body communications is the enduring connection for society. We organize, work and play together through communications. Exchanging our thoughts, messages and information in any form is communication.
Telecommunications is the transmission of words, sounds, images, videos or data in the form of electronic or electromagnetic signals or impulses. Tele means distance or distant. Thus, telecommunications is the transmission of information to distant locations. The transmission of a television signal to locations throughout the United States is a powerful communication media. However, the communication impact is limited since one does not have the ability to interact or return information to the sender. It is a one way communication.
Communication has generally been separated into two types. The first type is mass communication, represented by television, radio, newspapers, magazines and any other communication where large numbers of people receive the communication. This type of communication is one way in that information is sent without having the opportunity to respond. Watching a television program does not give one the capability to directly respond and interact with the people in the program. The latest form of this type of one way communication is World Wide Web pages which disseminate huge amounts of information but provides no or limited interaction with the creator of the web site. However, this is rapidly changing.
Chapter 6 - Applying technology to the practice of law requires that one have a basic understanding of computer concepts before one can apply them to the lawyering process. In this section basic computer concepts will be defined and illustrated. Discussions will focus on the primary components of these concepts as well as a general discussion of their application to legal functions. The next sections will apply these concepts in greater detail to a variety of legal applications that can be used in your firm.
For example, once you understand the concept of "full text" then by using "full text" software you will discover that one can locate information in an electronic deposition or trial transcript within seconds. You will also discover that any firm or case information which is in a "full text" format such as office policies, work product, interrogatories, interviews and so on can also be searched in seconds.
The key is understanding the concept and then applying the concept to specific lawyering functions that provide value to your firm.
Whether it is an outliner to set up a blueprint of your case or graphics for presentation of your trial themes all computer concepts have a place within the practice of law. Unfortunately there is not a "killer" software program that incorporates all of these concepts. Instead, there are many "standalone" products that can fill your needs. However, the "integration" of these packages to work together has taken a major step forward with the introduction of OLE, DDE and more recently HTML language used in Intranets, Extranets and the Internet. There is a significant trend of these standalone packages "integrating" with other standalone packages. For example we are seeing case management programs "integrate" with litigation support software and with billing and accounting software. . .
Chapter 8 - From the day a client walks through the door the focus is to obtain a favorable result. As an advocate you must demonstrate to whomever is deciding your case the strength of your position and the weaknesses of your opponents case. To prove your case you need to persuade the factfinder, using witnesses and exhibits, of the merits of your case.
One of the most effective and important methods of persuading the factfinder is through the use of multimedia aids. Seeing and hearing is believing. Our society expects to be entertained and taught through multimedia. The preparation of multimedia visual presentations can be calculated to be persuasive of a particular position and to assist in convincing the trier of fact to reach a decision in favor of your client. Visual aids summarize, supplement and assist in conveying your message to the trier of fact.
Common sense and a substantial amount of research dollars demonstrates that advertisements, TV ads, and movies all stimulate and persuade us. Millions of dollars are spent on advertising campaigns to convince us to purchase services or products. The latest visual techniques - including color patterns - can be observed on TV on a daily basis. When you see commercial ads, use your imagination to see if they can be applied to a case. For example, the show "60 Minutes" uses persuasive techniques to highlight documentary evidence to influence you.
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The Digital Practice of Law, 5th Ed: A Practical Reference Applying Technology Concepts to the Practice of Law
Published by
Phoenix, Arizona, U.S.A.: Law Partner Pub, 2001
ISBN 10: 0966934709
ISBN 13: 9780966934700
Used
Soft cover
Seller: Rob the Book Man, Vancouver, WA, U.S.A.
Seller rating 4 out of 5 stars
Soft cover. Condition: Very Good. large paperback in very good minus condition. front cover has a small tear along spine, otherwise clean. 5th edition. Seller Inventory # 612432