Cat+McConnell

=**Homework** =  ** WEEK 7: UNAUTHORIZED PRACTICE OF LAW IN THE 21ST CENTURY ** ** WEEK 6: CONTRACT STANDARDIZATION ** **OPERA BROWSER ** **4. USE OF SERVICES**4.1 Opera provides users with access to a rich collection of resources and Services, including without limitation various communications tools, forums such as the "My Opera” community site, and personalized content through its network of services which may be accessed through any various medium or device now known or hereafter developed. Certain features of these Services may allow User to post or send content that can be viewed by others ("User-Generated Content"). User agrees that Opera is not liable for User-Generated Content that is provided by others. Opera has no duty to pre-screen User-Generated Content, but Opera has the right to refuse to post, edit, or deliver submitted User-Generated Content. Opera reserves the right to remove User-Generated Content for any reason, but Opera is not responsible for any failure or delay in removing such material. Opera reserves the right to block any user's access to any content, website or webpage that Opera provides in our sole discretion.4.2 Disputes may arise between User and others or between User and Opera related to content, including User-Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. User agrees that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that User posts, transmits, re-transmits or receives through the Services, Opera's network or Software are User’s sole and exclusive responsibility. Opera may at its discretion block certain websites or domains and re-route you to other pages.4.3 The use of several of the Services, including Opera Link, requires that User is a registered Opera ID user. You can register for an Opera ID without any charge at http://my.opera.com/. Opera Link allows User to synchronize some data, such as bookmarks, among their Opera for desktop, Opera Mobile, Opera Mini Web browsers and through the Opera Link API. The Terms of Service for the Services is found at http://my.opera.com/community/terms-of-service/, and is incorporated in this Agreement by reference.4.4 Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that Opera shall not be liable to User or to any third-party for any modification, suspension or discontinuance of the Services.4.5 Without limiting the applicability of the foregoing general terms, the following terms and conditions apply for the specific services discussed below. 4.5.1 Opera Turbo: When Opera Turbo is enabled, it will request normal web content through an Opera Software proxy server. Opera Turbo will exclude webpages located on an intranet or using secure connections (HTTPS). The browsing experience may change due to increased webpage loading speeds when using Opera Turbo. Opera reserves the right to change, limit usage of, charge for continued usage of (of course require User to opt in before incurring any charges), and/or discontinue the Opera Turbo service at any point in time. Furthermore, Opera reserves the right to revise the terms of the Opera Turbo service, which may include making the Opera Turbo service subject to a separate agreement.4.5.2 Opera Unite: Opera Unite is a service whereby Opera provides users with a web-browser communication that allows User to share content, collaborate, and interact with others. Certain features of Opera Unite allow User to post and send content and/or links to User-Generated Content stored on User’s computer, which can be viewed and/or accessed by others. The content is not stored by Opera, and Opera exercises no control over User-Generated Content passing through its network or equipment or available on or through the Services. User agrees that Opera is not liable for any loss of data. User may only post or send via the Services User-Generated Content that User created or that User has permission to send and/or post. User agrees not to use Opera Unite to upload, transfer or otherwise make available files, images, code, materials, or other information or content that is obscene, vulgar, hateful, threatening, or that violates any laws or third-party rights, hereunder but not limited to third-party intellectual property rights. Opera reserves the right to terminate User’s account if User use Opera Unite to transmit copyrighted material unlawfully without a license, valid defense or fair use privilege to do so. Opera does not claim ownership of any User-Generated Content. However, by submitting User-Generated Content to Opera, User grants Opera the right and limited license to use, copy, display, perform, distribute and adapt this User-Generated Content for the purpose of carrying out the Services.
 * 1) Find the definition for unauthorized practice of law for your jurisdiction and at least one other state.
 * 2) Put links to these into your homework wiki page.
 * 3) Find three news articles or blog posts on the web describing actual cases of unauthorized practice of law (and read them). Put links into the homework wiki. Look especially for situations where the unauthorized practice of law involved an online activity like a website, social network or email.
 * 1) Find (at least) two EULAs from any website that has user contributed content (i.e. social networking sites, comments, upload pictures, etc.)
 * 2) Find the clause(s) that talk about ownership/license/rights of the __** user-submitted content **__.

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 * 1) <span style="background-color: transparent; color: #333333; font-family: 'Trebuchet MS',sans-serif; font-size: 12px; vertical-align: baseline;">Copy the clauses (NOT the entire EULA) into the homework wiki and answer the following questions.
 * 2) <span style="background-color: transparent; color: #333333; font-family: 'Trebuchet MS',sans-serif; font-size: 12px; vertical-align: baseline;">Are there similar components between the two (or more) clauses? How are they the same? How are they different?
 * 3) <span style="background-color: transparent; color: #333333; font-family: 'Trebuchet MS',sans-serif; font-size: 12px; vertical-align: baseline;">Write a standard clause that uses the similar elements from the EULAs you analyzed. For areas that are dis-similar, include both options in parentheses.

=<span style="background-color: #ff00ff; color: #000000; font-family: 'Myriad Pro','Lucida Grande','Lucida Sans Unicode','Trebuchet MS',Arial; font-size: 12px; vertical-align: baseline;">**WEEK 4: UNBUNDLING LEGAL SERVICES / LIMITED SCOPE REPRESENTATION** =

1. Define two (2) discrete tasks that could be “unbundled” from different areas of law practice. - draft Medical or Durable Power of Attorney- draft Name change petition 2. Define a task that lends itself to being converted into a “digital application?” such as a website, smart phone app or downloadable program. - draft a simple discrete pleading like name change petition- draft Freedom on Information Request 3. List some of the risks (at least three) involved in “unbundling legal services?” <span style="background-color: #ffffff; color: #008080; display: block; font-size: 12px; vertical-align: baseline;">- judge keeps you on the hook for complete representation because of failure to carefully document client's consent to limit the rep- client may not be capable of taking next necessary step (like recording or filing document) and may be harmed by thinking he has accomplished legal goal when he has not- hyper focus on limited task may result in lawyer missing something important to client in the bigger picture that would have been exposed and handled during broader representation 4. Think of a “digital application” that could automate a legal task, AND bundled with legal advice to be sold for a fixed fee? (re-bundling concept). Describe it in your homework. <span style="background-color: #ffffff; color: #008080; display: block; font-size: 12px; vertical-align: baseline;">- Family law forms in WV. Could develop app that collects all the data/info needed for all the forms in a turbotax-style online interview, then could automate completion of any one or more of the forms (pro se divorce with property distr, w/o prop distr, with child support, w/o child support, with parenting agreement, w/o, etc.), then attys could buy the app and license would include updates as law requires, then attys could use the program and offer legal advice along with it to give however much pro se assistance each individual client needed and desired. ** COMMUNITY SERVICE / EXTRA CREDIT ** Many states bar associations or state bars have issued/published opinions about “unbundled legal services”.
 * 1) <span style="background-color: transparent; background-color: transparent; font-size: 12px; font-size: 12px; vertical-align: baseline; vertical-align: baseline;">Find three articles, blog posts, ethics opinions, podcasts, youtube videos about unbundling or limited scope representation.
 * 2) <span style="background-color: transparent; background-color: transparent; font-size: 12px; font-size: 12px; vertical-align: baseline; vertical-align: baseline;">INSTEAD of linking them from your homework page, put a link on <span style="background-color: transparent; color: #0088cc; font-size: 12px; text-decoration: none; vertical-align: baseline;">THIS PAGE and include a short description about the link (e.g. article about unbundling, ethics opinion, blog post, etc.) In other words, provide a small amount of descriptive text so future visitors know what are they are clicking on.

**WEEK 3:** **TECHNOLOGY AND THE COURTS** Visit the three court websites – (1) county court, (2) highest state court (e.g. state supreme court) and (3) federal district court in your jurisdiction (or pick a jurisdiction) and find anything you can about their support for e-filing. Also look to see if the court websites provide an online docket/calendar or if they provide forms that can be used online or downloaded and printed. Answer the following questions in your homework wiki… A. Monongalia County Circuit Court [|http://www.monongaliacircuitclerk.com] B. WV Supreme Court [] C. Northern District of WV federal district court [] 1. Does the court support efiling? If yes, what is the best URL? A. no  B. I don't think so, couldn't find any way to efile   C. yes [] but pretty clunky way in, when you click front page link about efiling it takes you to a page with two links, both to .pdf documents

2. Does the court support efiling for self-representing litigants? A. no  B. no   C. I don't think so. Has good clear links for pro se litigants up front on first page, but eventual clicks get you to a .pdf complaint form that only wants to download, not open for completion online 3. Does the court website have an online docket or calendar? (if yes, include a link)  A. no   B. no   C. yes, but appears to require PACER password access []

4. Does the court website have any forms that can be used online or downloaded? (if yes, provide a link)  A. Yes, BUT when I clicked on the downloadable packet options I got "missing plugin" but no flash notice or actual plugin notice in my browser. FAIL. B. yes [] C. yes []

**WEEK 2: EXPERIENCE DOCUMENT AUTOMATION SYSTEMS**

** PART 1 **


 * 1) <span style="background-color: transparent; background-color: transparent; font-size: 12px; font-size: 12px; vertical-align: baseline; vertical-align: baseline;">In your wiki homework page, list (at least) ** FIVE ** benefits/advantages to Document Automation.
 * 2) Easier to meet pleading standards
 * 3) Save time
 * 4) Increase accuracy
 * 5) Easier to archive in an indexable way
 * 6) Can be done remotely
 * 7) Can be completed by nonlawyers and still have legal integrity and application
 * 8) Can be a complement to a human advocate or a standalone pro se assistance tool
 * 9) In your wiki homework page, list (at least) **FIVE** pitfalls/problems/barriers to Document Automation.
 * 10) Requires techno expertise to create
 * 11) If case does not fit the mold litigant could miss a creative legal defense opportunity
 * 12) Computer has less than human intelligence, may create an error a human would catch
 * 13) Might be harder to use with a client who doesn't think linearly, whose thoughts jumps around
 * 14) Hackable

** PART 2 **

Test at least two document automation websites and write a memo (or whatever you choose to call it) capturing your impressions.

In this assignment, you are going to visit several websites and run through a couple of automated document interviews as though you were an attorney working on a document for a client. Marc Laurtisen has warned the kind folks at these websites that you are coming. You will have to enter fake information to get back any meaningful result. Please be respectful in your choice of fake names, addresses, etc. We are invited guests. Don’t just fill out the forms from start to finish. Go back and change choices and notice what happens – how you have to provide different information based on your choices. Think about how the law applies differently based on different information in all cases. Think about what it takes to create systems like this.

FROM: Me TO: Senior partner RE: Webbased Document Automation services

Goodwin Founders Workbench: This system used a linear interview approach to gathering information for the production of incorporation documents. I tested the Bylaws and Certificate of Incorporation. These documents are very simple, standardized, and not subject to an adversarial process, so this test isn't a very rigorous one. Though that brings up the point that non-adversarial processes may lend themselves to document automation more naturally than litigation.

The website was easy to navigate and attractive. The interview process was easy to understand, but it used some terms that should have been defined for lay users, perhaps by making the term a clickable link to its definition. It was easy to download the assembled documents, though they were in Word format which is less available to general users than .pdf. Of course Word docs are more editable, so having a choice of formats would make it more accessible and flexibly usable to more users.

**Week 1: THE VIRTUAL LAW OFFICE**

** PART 1 **

Your assignment is to create ** two ** lists:


 * 1) <span style="background-color: transparent; background-color: transparent; font-size: 12px; font-size: 12px; vertical-align: baseline; vertical-align: baseline;">Five ** good ** things about running a virtual law practice. What are the advantages over an entirely office-bound practice. What are the efficiencies gained, money made or saved, etc
 * 2) Work from the beach or the ski lodge or the Occupy shantytown
 * 3) Facilitates easier collaboration with other lawyers and other professionals
 * 4) Naturally encourages less waste and resource consumption by moving away from paper
 * 5) Holding all docs, calendar, contacts, invoices, notes, etc. in one digital space makes everything indexable and searchable
 * 6) Save not having to pay rent or commuting costs
 * 7) More accessible for lawyers and clients with disabilities
 * 8) Broadens geography of potential clientbase, both client and lawyer can be remote from jurisdiction
 * 9) Increases ability to do very short tasks quickly, no need to drive to the office
 * 10) <span style="background-color: transparent; background-color: transparent; font-size: 12px; font-size: 12px; vertical-align: baseline; vertical-align: baseline;">Five things that could go ** wrong ** running a virtual law practice. What are the mistakes you can make, problems you could encounter, issues raised, etc.
 * 11) Lose stuff if fail to backup effectively before site corruption
 * 12) People think you're having too much fun at work
 * 13) Hard for some traditional clients to comprehend that it's "real lawyering"
 * 14) No place to hang shingle
 * 15) Some jurisdictions require a local physical office
 * 16) Miss out on local bar comraderie and valuable incidental info you learn in courthouse hallways and lunch counters

Create these lists and post them to your homework wiki page.

** PART 2 **

Search the web and find at least three definitions for “Virtual Law Practice”, “Digital Law Practice” and/or “eLawyering”. Copy/paste the definitions into your homework wiki with a link back to the place you found.

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 * 1) eLawyering is doing legal work - not just marketing - over the Web. Pioneering practitioners have found dramatic new ways to communicate and collaborate with clients and other lawyers, produce documents, settle disputes, interact with courts, and manage legal knowledge. ELawyering encompasses all the ways in which lawyers can do their work using the Web and associated technologies. Think of lawyering as a "verb" - interview, investigate, counsel, draft, advocate, analyze, negotiate, manage, .. - and there are corresponding Internet-based tools and technologies. []
 * 2) “Virtual law practice, cloud computing, online practice management: these are aspects of what’s known as “elawyering.” Elawyering is lawyering using web-based technology. While the use of technology in the practice of law is nothing new, the speed of recent advances in online communication, storage, and transactions of all kinds has created a potentially confusing environment for new lawyers. Law students should be first in line to learn how online technologies can effectively deliver legal services.” []
 * 3) A **virtual law firm** is a group of lawyers with diverse expertise that are banded together through technological means to provide a suite of services to its clients. []