Rachel+Winston+JD

__**Homework Assignment #7**__


 * ONLINE LEGAL FORMS IN LEGAL AID**

Work through the form … Petition to Expunge or Seal Criminal Record–Chicago only for Illinois or copy the link below. Work through the entire interview until you get back a document.

https://lawhelpinteractive.org/login_form?template_id=template.2011-08-23.1580841801&set_language=en

Here is a list of A2J forms that you can also explore (scroll down and note the “A2J” next to the form description).

Pay special attention to the interface and it’s differences from the interactive form you used in Homework Assignment #2.

https://tsc.orrick.com/ – Uses HotDocs and is mostly browser independent. You need to have Microsoft Silverlight installed for this to work.
 * Here are the links to the HotDocs forms from that assignment for your convenience…**

http://www.wsgr.com/wsgr/display.aspx?sectionname=practice/termsheet.htm – Uses Contract Express as the document automation engine.
 * You can get it here.**

http://www.goodwinfoundersworkbench.com/ – Click the green button CREATE DOCUMENTS at the bottom of the page to get started.


 * CALI needs your help.**

We are working on a new version of A2J-Author written in HTML/Javascript that (1) doesn’t require Adobe Flash and (2) will also run on small screen smart phones like the Apple IPhone. Your feedback will help us design the new interface.

1) Write an analysis describing your impressions of how well the A2J interface works (or doesn’t) and how well it will work if it gets scaled up to larger and more complicated legal documents and situations.

I ran through a basic form letter requesting the return of personal property left inside a repossessed car. For the purpose of drafting the letter, the program performed well. In terms of scaling up, I would be concerned about the ability of the user to understand more complicated legal questions. There is certainly room for the incorporation of erroneous answers unintentionally supplied by the user.

2) More and more people are accessing the web via smartphones. How should A2J look or act different if it is going to run on the smaller screen of a smartphone? Are there any killer features that it should have? Are there any features, that if missing, would prevent people from using A2J as a smartphone app?

Wow. I don't know. How would you print the form off of a smartphone? If it's going to be available via smartphone, then there should be the ability to electronically file via smartphone. I imagine it would be hard to work with on a smartphone, but then again, in terms of access, smartphones appear to be more ubiquitous than laptops or even tablets at this point.

__**Homework Assignment #6**__


 * CONTRACT STANDARDIZATION**


 * 1. Find (at least) two EULAs (End User License Agreement) from any website that has user contributed content (i.e. social networking sites, comments, upload pictures, etc.)**

[]
 * Facebook:**

http://www.myspace.com/Help/Terms
 * MySpace:**


 * 2. Find the clause(s) that talk about ownership/license/rights of the user-submitted content. Copy the clauses (NOT the entire EULA) into the homework wiki and answer the following questions.**

__**Facebook**__ For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

Myspace does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Myspace Services. After posting your Content on, through or in connection with the Myspace Services, you continue to retain any such rights that you may have in your Content, **subject to the limited license herein**.
 * __MySpace__**

By posting any Content on, through or in connection with the Myspace Services, you hereby grant to Myspace a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Myspace Services, including, without limitation, through the Myspace Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Myspace account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Myspace Services and any Content included therein, in any media formats and through any media channels, **except that Content marked “private” will not be distributed by Myspace outside the Myspace Services and Linked Services**. This limited license does not grant Myspace the right to sell or otherwise distribute your Content outside of the Myspace Services or Linked Services. After you remove your Content from the Myspace Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the Myspace Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the Myspace Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Myspace Services, Myspace is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

The license you grant to Myspace is non-exclusive (meaning you are free to license your Content to anyone else in addition to Myspace), fully-paid and royalty-free (meaning that Myspace is not required to pay you or anyone else deriving rights from you for the use on the Myspace Services of the Content that you post), sublicensable (so that Myspace is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Myspace Services), and worldwide (because the Internet and the Myspace Services are global in reach).

There are some similarities, however MySpace does a much better job at explaining what kind of license it is claiming. While that explanation makes for a longer contract, it is very helpful to the reader (and, in some ways, reassuring in the limitations it describes).
 * 3. Are there similar components between the two (or more) clauses? How are they the same? How are they different?**


 * 4. 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.**

__FaceSpace End User License Agreement__: For content that is covered by intellectual property rights, like photos and videos (IP content),.

FaceSpace does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the FaceSpace Services. After posting your Content on, through or in connection with the FaceSpace Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.

By posting any Content on, through or in connection with the FaceSpace Services, [you hereby grant to FaceSpace a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the FaceSpace Services, including, without limitation, through the SpaceFace Services to applications, widgets, websites or mobile, desktop or other services which are linked with your FaceSpace account (collectively, “Linked Services”), including, without limitation, distributing part or all of the FaceSpace Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by FaceSpace outside the FaceSpace Services and Linked Services. This limited license does not grant FaceSpace the right to sell or otherwise distribute your Content outside of the FaceSpace Services or Linked Services. After you remove your Content from the FaceSpace Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. The license you grant to FaceSpace is non-exclusive (meaning you are free to license your Content to anyone else in addition to FaceSpace), fully-paid and royalty-free (meaning that FaceSpace is not required to pay you or anyone else deriving rights from you for the use on the FaceSpace Services of the Content that you post), sublicensable (so that FaceSpace is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the FaceSpace Services), and worldwide (because the Internet and the FaceSpace Services are global in reach).] [you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License)]

[If after we have distributed your Content outside of the FaceSpace Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the FaceSpace Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the FaceSpace Services, FaceSpace is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.] [This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.]

__**Homework Assignment #5**__


 * FREE LEGAL RESEARCH**

Find the web page for the government website that is the primary legal source in your state/jurisdiction for cases, codes/statutes and regulations. List them in your homework wiki page AND here (this is a single page where all states links can be found).

NEW MEXICO STATUTES AND COURT RULES (UNANNOTATED) []

NEW MEXICO ADMINISTRATIVE CODE http://www.nmcpr.state.nm.us/nmac/

NEW MEXICO LEGAL CASES []

If your state has already been linked, find the links for another state and contribute in that way. If the class DOES complete all 50 states, everyone will get a special bonus badge. Don’t forget to to put a “-5-” next to your name on the home page of the wiki.

__**Homework Assignment #4**__


 * UNBDUNDLING LEGAL SERVICES / LIMITED SCOPE REPRESENTATION**

1. Define two (2) discrete tasks that could be “unbundled” from different areas of law practice.

Basic document drafting. Answering discrete legal questions.

2. Define a task that lends itself to being converted into a “digital application?” such as a website, smart phone app or downloadable program.

Basic estate planning document drafting. Basic real estate document drafting.

3. List some of the risks (at least three) involved in “unbundling legal services?”

A case where the facts supplied by the client reveal a more complicated case not suitable to unbundled legal services. Inadvertently representing someone from outside your jurisdiction. Whether the provision of unbundled services violates the obligation of a lawyer to provide full and complete legal advice and counsel.

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.

Digital application: Collecting data for estate planning document production Legal task: Estate planning document production Legal advice: Estate planning


 * COMMUNITY SERVICE / EXTRA CREDIT**

Many states bar associations or state bars have issued/published opinions about “unbundled legal services”. Find three articles, blog posts, ethics opinions, podcasts, youtube videos about unbundling or limited scope representation.

[] [] []

INSTEAD of linking them from your homework page, put a link on 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.

__**Homework Assignment #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.

1. Does the court support efiling? If yes, what is the best URL?

1st Judicial District Court (NM) = yes Supreme Court (NM) = no Federal District Court (NM) = yes*

* = Best URL

2. Does the court support efiling for self-representing litigants?

1st Judicial District Court (NM) = no Supreme Court (NM) = no Federal District Court (NM) = no

3. Does the court website have an online docket or calendar? (if yes, include a link)

1st Judicial District Court (NM) = yes, both case specific and each judge's calendar:

[|www2.­nmcourts.­gov/­caselookup/­]

Supreme Court (NM) = the court has an "oral argument" calendar: []

Federal District Court (NM) = yes, the Pacer court website includes a docket program: []

<span style="background-color: #ffffff; color: #333333; font-family: 'Lucida Grande','Lucida Sans Unicode',Arial,Verdana,sans-serif; font-size: 12px; vertical-align: baseline;">4. Does the court website have any forms that can be used online or downloaded? (if yes, provide a link)

<span style="background-color: #ffffff; color: #333333; font-family: 'Lucida Grande','Lucida Sans Unicode',Arial,Verdana,sans-serif; font-size: 12px; vertical-align: baseline;">1st Judicial District Court (NM) = []

<span style="background-color: #ffffff; color: #333333; font-family: 'Lucida Grande','Lucida Sans Unicode',Arial,Verdana,sans-serif; font-size: 12px; vertical-align: baseline;">Supreme Court (NM) =

[]

<span style="background-color: #ffffff; color: #333333; font-family: 'Lucida Grande','Lucida Sans Unicode',Arial,Verdana,sans-serif; font-size: 12px; vertical-align: baseline;">Federal District Court (NM) =

[]

__**Homework Assignment #2**__ <span style="background-color: #ffffff; color: #333333; display: block; font-family: 'Lucida Grande','Lucida Sans Unicode',Arial,Verdana,sans-serif; font-size: 12px; vertical-align: baseline;"> ** EXPERIENCE DOCUMENT AUTOMATION SYSTEMS **

** PART 1 **

List (at least) ** FIVE ** benefits/advantages to Document Automation.

1. Increased efficiency. 2. Reduction in the number of errors. 3. Consistency among documents. 4. Allows time for other, more challenging work. 5. Access to justice for litigants who could not otherwise afford an attorney.

List (at least) ** FIVE ** pitfalls/problems/barriers to Document Automation.

1. Could put lawyers out of work. Lol. 2. Lack of flexibility in content. 3. Document is only as good as the individual who wrote the software. 4. Errors reproduce errors. 5. Requires up front effort on the part of the programmer (for long term benefit in the form of reduced drafting time).

** PART 2 **

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

<span style="color: #333333; font-family: 'Lucida Grande','Lucida Sans Unicode',Arial,Verdana,sans-serif; font-size: 12px; vertical-align: baseline;"> @https://tsc.orrick.com/ - Uses HotDocs and is mostly browser independent. You need to have Microsoft Silverlight installed for this to work. You can get it ** here **.

This was an interesting exercise. With Orrick, I found the interface a little annoying since there did not appear to be a backspace option when inputting information. Other than that, the program included some nice explanations for terms I was unfamiliar with and generated a nice end result. While largely a straight-forward regurgitation of the information I typed in, the term sheet provided some helpful prompts and good organization. This would be a useful starting point for many small entrepreneurs. I can see how the program would help direct the organizers' thinking in a helpful way from the get-go.

<span style="background-color: transparent; color: #0088cc; text-decoration: none; vertical-align: baseline;">@http://www.wsgr.com/wsgr/display.aspx?sectionname=practice/termsheet.htm - Uses <span style="background-color: transparent; color: #0088cc; text-decoration: none; vertical-align: baseline;">Contract Express as the document automation engine.

As with Orrick, wsgr has a good disclaimer at the start of the program. This appears to be a robust program that considers many variables, resulting in a detailed term sheet. For this reason, the tutorials included in the program are an absolute must -- especially given the complexity of many of the topics the user is being asked to consider. Powerful, but perhaps too complicated for many small start-ups.

<span style="background-color: transparent; color: #0088cc; text-decoration: none; vertical-align: baseline;">@http://www.goodwinfoundersworkbench.com/ - Click the green button CREATE DOCUMENTS at the bottom of the page to get started.

This program really seems to be the happy medium between the bare-bones program offered by Orrick and the incredibly detailed program generated by WSGR. Very comprehensive, quick and thoughtful in its organization. I would recommend this program.

__**Homework Assignment #1**__


 * 5 Advantages of Virtual Law Firms**

1) Lower overhead costs. 2) Time flexibility for both attorney and client. 3) Allows for maximum leveraging of technology. 4) Potential for offering lower-cost services. 5) Clients are increasing comfortable conducting business over the internet.


 * 5 Concerns of Virtual Law Firms**

1) Lack of personal contact with client. 2) Potential for inadvertent out-of-jurisdiction representation. 3) Confidentiality concerns related to sending and receiving information over the internet. 4) Client loyalty; harder to differentiate one's services. 5) Lack of guidance from state bars.


 * What is a Virtual Law Firm?**

1) A law firm that has:
 * 1) Has a stable core group of attorneys;
 * 2) Has established collaborative relationships with other, specialized law firms that possess expertise that’s occasionally needed;
 * 3) Is glued together with appropriate computer and telecommunications technology; and,
 * 4) Expands and reduces personnel as needed.

From: http://apps.americanbar.org/lpm/lpt/articles/ftr01042.html

2) 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.

From: http://en.wikipedia.org/wiki/Virtual_law_firm

3) Our market research shows that when consumers see the term "virtual law firm", that it means that a law firm is willing to offer legal services in a non-traditional way, usually "unbundled legal services," and at a fixed price.

From: http://www.elawyeringredux.com/2010/09/articles/virtual-law-firms/defining-the-virtual-law-firm/