Welcome to the first Class!!

INTRODUCTION TO LEGAL TECHNOLOGY

Starring: Cassie, Melissa B., Joe, Angela, Virginia, Robert G., Jessica, Jennifer, Robert H., Amy H., Stacy K., Kelly, Kimberly, Melissa L.,

Charity, Vicki, Maria, Stacy M., Veronica, Mary, Trudy, Megan, Kala, Tiffany, Amy T., and Randall.(Guest starring: Adam)

Let’s do this!

Hello Everyone! Welcome to seminar #1 of Introduction to Legal Technology!

How is everyone doing? Has everyone had a chance to review the syllabus? I emailed it to everyone and it is also posted on our class website.

Let me quickly tell you about myself – and then I will cover all of the important class information.

You can call me “Al” (I mean Adam)

Like I mentioned in my Welcome email to everyone – my name is Adam Pincus – and I ask that you please call me Adam.

I have been teaching at Kaplan for over 8 years -- and really enjoy teaching online! I also teach legal studies courses on-campus for a college in the Philadelphia area. Teaching is something that I really enjoy. My favorite part is dealing with all of the students (I mean it)!

Wow! Adam is really cool! He gives us extra time if we need it! I like him already!!

That being said, I want everyone to know that communication is very very important….if you need extra time on an assignment -- then let me know! If you don’t really understand something and need it clarified -- then let me know!!

I am here to help you guys – so please do not be shy about asking for help!

Apincus@Kaplan.edu AND akpincus@gmail.com

I am very good about responding to student's emails. I check my email several times during the day -- so like I said -- please do not hesitate to email me about anything!!

I have two email addresses listed on the syllabus. You can reach me at either email address – Apincus@Kaplan.edu AND akpincus@gmail.com – and all of my emails are forwarded to my iPhone.

I hope that I am getting across the point that I am accessible and approachable :)

Adam’s cell phone # is (610) 745-7653

I also share my cell phone # with my students.Even though we never meet face-to-face….I

ALWAYS want you to know I am a phone call, email, or text message away if you need help on something!

I have been giving out my cell phone # for awhile now AND have never had a problem. Students are always very respectful.

If you call – and I do not answer. Leave a voicemail and I will get back to you.

Ok? :)

The Syllabus (and all the assignments….)

Due dates for assignments (Everything due by Tuesdays at midnight, but….)

Week #1 – make sure you do your Introduction post and respond to the Discussion Board

Week #2 – Just the discussion board Our first paper is due in Week #3 A second paper is due is Week #4 Midterm project and midterm exam in Week #5 Week #6 – just the Discussion board Week #7 – we have a 3-part assignment Week #8 – SmartDraw timeline assignment Week #9 – We have a Final Project (and Discussion Board). No Final

Exam in this class. Week #10 – catch-up week.

Breakdown of all the grades/points.

Week #3 assignment (100 points)Week #4 assignment (100 points)Midterm exam (75 points)Midterm Project (150 points)Week #7 assignment (100 points)Week #8 assignment (100 points)Final Project (150 points)Seminars (1 thru 9) (5 points each = 45 points)Discussion Boards (1-9) (20 points each = 180

points)

Subliminal Message: Adam is my favorite instructor

Each week I will send out email reminders so you know exactly what is due for the week.

We will discuss ALL of the projects the week they are due so you are clear about what I am looking for – and what you need to do.

SmartDraw (needed for the Week #8 assignment)

In Week #8 we need to do a timeline using SmartDraw.

Most of the SmartDraw CD’s that you guys were given are 30-day trial versions. So do not download them to your computer until Week 6 or 7.

If you already installed them – you can uninstall and then re-install it.

If you have a MAC or Apple – SmartDraw is not compatible. We will deal with that situation when we get to week #8.

I like his style…. :)

I generally like to start off each seminar by asking if you guys have any questions….

During our seminars….always feel free to ask questions and make comments. If I am unable to answer a question during a seminar….then I will get back to you by e-mail after the seminar is over….

Sometimes I just need to get through that night's material and cannot take the time to answer each question….AND sometimes questions come up that I am not sure about and have to research….

And one more thing before we get started….

Another thing that I like to do is….I like to post all of the Weekly material on the Class Message Board following the seminar….so if you miss something in the seminar or have a question….it will be posted on top of the Message Board….it is meant to serve as a good reference.

I lied, one more thing….

All of these PowerPoint presentations that we use in class each week – are also uploaded to DOC SHARING.

You will find them to be help references for some of the assignments. So always feel free to utilize the PowerPoints in DOC SHARING.

ATTORNEY-CLIENT PRIVILEGE

(our first topic of the term!)

Unit 1

How is Technology Used in a Law Office?

Word ProcessingSpreedsheetsTime and Billing /AccountingCalendars/SchedulingTrial PreparationEmail and Document Delivery (aka electronic

communication)

Technology and Confidentiality

Legal assistants and non-legal staff have access to confidential data and need to understand the nature of confidentiality so that client confidences are not disclosed

Attorneys have a duty to keep client confidences, and those doing work for the attorney are similarly bound

If a Paralegal shares confidential information – it is the attorney who is ultimately held responsible!

Key Concepts for Confidentiality

Duty of Confidentiality (and its exceptions)

The Attorney-Client Privilege The Work Product Rule Inadvertent Disclosure

We will use this information in the Week #4 paper – so make a mental note!

ABA Model Rule of Professional Conduct 1.6 (Confidentiality Of Information )

A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted

Exceptions to the Duty of Confidentiality

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime or fraud that is reasonably certain to

result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;

(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services;

(4) to secure legal advice about the lawyer's compliance with these Rules; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the

lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; or

(6) to comply with other law or a court order.

Technology and Client Confidentiality

EmailFax MachinesMobile or Cellular Phones

According to the ABA and many jurisdictions, communicating in these ways does not violate the duty of confidentiality because there is a reasonable expectation of privacy with this technology, and because federal law prohibits wiretapping.

What is the Attorney-Client Privilege?

Attorney-Client privilege has preserved the confidentiality of communications between lawyers and their clients. The privilege is based on several closely-related policy considerations:

clients should be encouraged to be completely truthful with their attorneys, so that the attorney's legal advice can be based on all relevant facts;

clients will be reluctant to seek an attorney's advice if they fear that their communications will be revealed to others; and

by encouraging clients' communications with their attorneys, the privilege promotes voluntary compliance with laws and regulations.

Protecting Against Breaches of Confidentiality when dealing with Electronic Forms of Communication (like

email, fax, text, cell phone, smart phone, etc.)Use encrypted emailGet client permission to communicate by

emailChange computer passwords frequentlyBe careful on the phone Be careful in common office spaceProtect files and other client documentsRemember the WWII phrase, “loose lips

sink ships”

Protecting Against Inadvertent Disclosure

Mark protected or privileged materials in a permanent way

When in doubt about whether certain discovery materials should be sent to the other side, confirm with your lawyer

If you think you may have inadvertently sent protected materials, or have received privileged materials, tell someone quickly

The Work-Product Doctrine (in general):

It is related to the Attorney-Client privilege….The work product doctrine protects lawyers’

effective trial preparation by immunizing certain information and materials from discovery.

The doctrine traces its roots to Hickman v. Taylor, 329 U.S. 495 (1947), in which the Supreme Court sought to foreclose unwarranted inquiries into attorneys’ files and mental impressions in the guise of liberal discovery.

One more slide re: Work-Product Doctrine

The Work Product Doctrine protects documents prepared in anticipation of litigation from discovery, including mental impressions, conclusions, opinions, or a lawyer’s legal theories. 

Inadvertant Disclosure of Confidential Information

A lawyer who receives materials that appear on their face to be confidential and not intended for receipt by that lawyer, as a matter of ethical conduct contemplated by the precepts underlying the Model Rules, (a) should not examine the materials once the inadvertence is discovered, (b) should notify the sending lawyer of their receipt and (c) should abide by the sending lawyer’s instructions as to their disposition.

A lawyer who reads inadvertently sent materials before discovering their confidential nature (a) may use the information contained therein under most circumstances and (b) should notify the sending lawyer under most circumstances that the materials have been received and inadvertently read.

A lawyer who receives inadvertently sent confidential materials and returns them unread has no obligation to notify his or her client of such actions. Where the receiving lawyer has read the materials, however, the nature and extent of the obligation to notify the receiving lawyer’s client will depend on the facts and circumstances of the case.

Do You Presently Work in a Lawfirm?

If so, what type of technology is used?Do the attorneys where you work take paper

files to court or computers?Are PDA and Blackberry devices used? Do

paralegals get them too?

Practice Questions (There are 4)!

Question # 1

Plaintiff's attorney told an IT consultant that his client told him that she ran a red light.  Did the attorney violate the attorney/client privilege? (You better get this one right!!)

A)Yes

B)No

Answer: Question # 1

Yes! An attorney or legal assistant cannot reveal information that is learned in the course and scope of a client representation. This was not an agent or “other person” needing to know this as part of the representation.

Question # 2

At a criminal jury trial, a client tells the attorney that the client insists on testifying falsely.  Attorney attempts to persuade client to testify truthfully and explains the consequences of perjury. Still, the client is adamant. Will the attorney violate the duty of confidentiality by telling someone?

Answer: Question # 2

No. If the client is going to commit a future crime or perjury, the attorney cannot allow the client to take the stand and can reveal that without violating the duty of confidentiality.

Question # 3

Defendant says to his lawyer, "I committed the murder, and I'm glad!  Will you still represent me?"  The Defendant's statement is what? (multiple choice)

A) Not privileged because of the crime/fraud exception.

B) Privileged, but only if the attorney undertakes the representation.

C) Privileged.

D) Privileged, but only if the client pleads guilty.

Question # 3

A)Not privileged because of the crime/fraud exception.B)Privileged, but only if the attorney undertakes the representation.C)Privileged.D)Privileged, but only if the client pleads guilty.

Answer: Question # 3

C – Privileged!

Question # 4

The attorney-client privilege does NOT apply if:

A. The attorney charges their client a whole lot of money

B. The attorney takes the stand as a character witness for their client

C. The confidential information is exchanged immediately following the crime

D. The attorney gives advice in furtherance of a crime

Answer: Question # 4

D. The attorney cannot give advice in furtherance of a crime!