Joseph+Cogelia

Week 6

> When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture). ** Linked-In **
 * FaceBook**
 * You own all of the content and information you post on Facebook, and you can control how it is shared through your [|privacy] and [|application settings].
 * In addition: 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.


 * You own the information you provide LinkedIn under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant LinkedIn a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to LinkedIn, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to LinkedIn, without any further consent, notice and/orcompensation to you or to any third parties.
 * Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your LinkedIn profile information accurate and updated.

Both of these EULA's provided that all the content that the user submits remains his own property, one can control if it is shared but once it is shared one looses control over it. More importantly you grant the interface complete power to use the content as it wishes absent any illegal conduct,
 * Similarities/Differences**

Differences are apparent that Linked-In has the submitter warrant that the information submitted is accurate, not confidential and doesn't violate any third party rights, there is no similiar clause with FaceBook. Facebook allows the license to use shared material to expire upon the closing of the account, Linked-In does not. Common Clause: The submitter/subscriber to the host provider owns their own content that is provided to the host to the extent that is shared with other submitter/subscibers. The submitter/subscriber can request the deleton of the information or the account at any time. Once content is shared submitter/subscriber agrees it falls outside the control of the submitter/subscriber and grants the provider a non-exclusive, irrevocable,perpetual license, which is assignable and free from any royalty claims for any reason consistent with the law.

Week 5 CA State statutes- [] CA Municipal Code- [] CA Case Law- []

Week 4 1. Define two (2) discrete tasks that could be “unbundled” from different areas of law practice. 2. Define a task that lends itself to being converted into a “digital application?” such as a website, smart phone app or downloadable program. 3. List some of the risks (at least three) involved in “unbundling legal services?”
 * Review or draft contracts for the sale of real property, client negotiates deal and terms and attends the closing.
 * Review or draft documents to establish a business entity, client takes care of the filings and fees.
 * A last will and testament for someone of modest means and limited tax concerns for beneficiaries.
 * The attorney not seeing possible repercussions of the limitation, which could result in something being missed that would result in harm to the client.
 * Becoming expert at the particular products you have decided to offer and letting general law knowledge atrophy
 * Failure to convey to the client exactly what is or not being provided thereby setting up unreasonable expectations of the attorney’s scope of representation.
 * 1) 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.
 * A power of attorney. A template can be used with all the boiler plate language and fields for the particular parties and limits if any with the power and then re-bundled with advice how to appropriately exercise the power along with limitations involved.

Week 3


 * Los Angeles** **Superior Court, CA**

1. Does the court support efiling? If yes, what is the best URL? Yes for small claims, []

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

3. Does the court website have an online docket or calendar? (if yes, include a link) Only an unofficial calendar, that has the following limitation. This site provides access to 14 days of General Jurisdiction Civil, Limited Jurisdiction Civil, Family Law and Probate calendars.

[]

4. Does the court website have any forms that can be used online or downloaded? (if yes, provide a link) Yes, many forms are available. []


 * CA Supreme Court**

1. Does the court support efiling? No

2. Does the court support efiling for self-representing litigants? No

3. Yes the court does have an online calendar at []

4. Does the court website have any forms that can be used online or downloaded? (if yes, provide a link). No.


 * U.S.** **District Court, Central District of CA**

1. Does the court support efiling? No.

2. Does the court support efiling for self-representing litigants? No.

3. Yes, the criminal docket is searchable by date [] or case number []

Also a master calendar is available by judge and date at: []

A motion calendar is at:[]

4. Large database of forms at: []. Some can be filled out on line and other not, but it appears all can be downloaded, but cannot be submitted online.

Week 2 Work in progress. Week 1

Good:

1. Low overhead costs, can work at home office. 2. The speed of communications makes resolution of client issues more efficient 3. Being able to practice without having to reside in that jurisdiction. 4. Limited scope and reduced litigation. 5. Reduced need for a secretary.

Bad:

1. Network security costs and complexity and frequent updates and need for an offsite data storage for backups 2. Limited to certain types of practice 3. Some people are not comfortable with technology and prefer face to face meeting, may lose traditional clients 4. Dealing with electronic documents 5. Lack of visibility (no office to hang shingle).

__E-lawyering__ 1) "[|eLawyering]" and means a law firm that delivers legal services online []

2) [|Marc Lauritsen], co-chair of the //eLawyering Task Force// in an article in Law Practice Magazine in January-February, 2004, p. 36, succinctly defined eLawyering as: “all the ways in which lawyers can do their work using the Web and associated technologies. These include new ways to communicate and collaborate with clients, prospective clients and other lawyers, produce documents, settle disputes and manage legal knowledge. Think of a lawyering verb—interview, investigate, counsel, draft, advocate, analyze, negotiate, manage and so forth—and there are corresponding electronic tools and techniques.” This is a good start to understanding the concept of eLawyering. In addition to this definition I would add that eLawyering is an attitude about how to build a law firm business model which exploits web technologies for competitive advantage. The core of this business model is a law firm web site that incorporates interactive and web-enabled applications that supports interaction between lawyer and client along a number of dimensions. []

__Virtual Law Practice__ 1) According to the American Bar Association guidelines, eLawyering or virtual law practice refers specifically to the delivery of legal services online through a section of a law firm's web site that is a known as a secure "client portal." Under this definition, a "virtual law firm" is not simply a lawyer who does not have a physical office and communicates with their clients by email. Instead, the law firm must have as part of its web site a secure section where a client can log-in with a unique user name and password. [] 2) virtual law office/virtual law practice (i.e., do not typically meet with clients in person, and primarily interact with clients using Internet-based software and other electronic communications software). []

__Digital law Practice__ 1) Who is a digital lawyer? M. Ethan Katsh said that Digital lawyer is a lawyer who is one who has a: “[s]sensitivity to the value, qualities, and capabilities of information in electronic form is probably the distinguishing characteristic of the digital lawyer. Such lawyers will understand that supplying the right information quickly is more important than ever before. Such lawyers will be aware that the "library" of cyberspace can be virtually any computer or any individual connected to the network. Such lawyers are likely to depend heavily on data communications to clients and on a "network" of colleagues, consultants, acquaintances, and experts.” []

2) //The Digital Lawyer is lawyer who practices law making optimal use of networked computer technology//. A digital lawyer is not a lawyer who practices "computer law", which is a subspecialty within intellectual property law. Nor is it a lawyer who specializes in the what is known as cyberlaw, or the law of electronic networks. The key to understanding the concept of the digital lawyer is the application of information technology to every aspect of the lawyer's practice. []