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Articles 1 - 9 of 9
Full-Text Articles in Law
Preservation: Competently Navigating Between All And Nothing, Lauren Wheeling Waller
Preservation: Competently Navigating Between All And Nothing, Lauren Wheeling Waller
Richmond Journal of Law & Technology
Merriam-Webster defines "competent" as "having requisite or adequate ability or qualities."' All professions require competence to be successful-from chefs, to tailors, to NFL quarterbacks. Without the adequate ability to poach an egg, alter suits, or read defenses, they lose patrons, customers, or-in the case of a quarterback-games and fans. Lawyers are no different. Without competence, they may not be successful. However, lawyers are different than the NFL quarterback in that they have an explicit duty of competence to their clients.
Beyond Technophobia: Lawyers’ Ethical And Legal Obligations To Monitor Evolving Technology And Security Risks, Timothy J. Toohey
Beyond Technophobia: Lawyers’ Ethical And Legal Obligations To Monitor Evolving Technology And Security Risks, Timothy J. Toohey
Richmond Journal of Law & Technology
Lawyers and technology have an uneasy relationship. Although some lawyers are early adapters, others take pride in ignoring technology because they believe it is alien to the practice of law. As Jody R. Westby observed, lawyers confronted with technology and security issues tend to have their “eyes glaze over” and “want to call in their ‘IT guy’ and go back to work.” But this technophobic attitude may no longer just be harmless conservatism. In the world of growing security risks, ignorance of technology may lead to violations of lawyers’ fundamental ethical duties of competence and confidentiality.
Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton
Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton
Richmond Journal of Law & Technology
It is a challenge to practice law in the digital age. This is particularly true when a practice involves significant e-Discovery, Intellectual Property, and technology law—areas in which technical issues merge with legal ones. One of the major challenges of bringing a law practice up to twenty-first-century standards relates to dinosaur thoughts, a.k.a. an “old ways are best” mentality.
Cooperation-What Is It And Why Do It?, David J. Waxse
Cooperation-What Is It And Why Do It?, David J. Waxse
Richmond Journal of Law & Technology
Litigation is a method of resolving disputes that is too costly and time consuming for most parties involved. As a Federal Magistrate Judge involved in case management on a day-to-day basis, I often see evidence of this. I also participated in the 2010 Conference on Civil Litigation held at Duke Law School and sponsored by the Federal Judicial Conference Standing Committee on Rules of Practice and Procedure. The conference explored “the current costs of civil litigation in Federal Court, particularly discovery, and discuss[ed] possible solutions.” As part of the conference, the Federal Judicial Center presented4its research findings on its study …
Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal
Qualcomm Inc. V. Broadcom Corp.: 9,259,985 Reasons To Comply With Discovery Requests, Kristen Mcneal
Richmond Journal of Law & Technology
Evolving technology has advanced communication throughout the business industry. Corporations use various communication methods to initiate conversation, propose business ventures, and relay correspondence from one place to another. Quite naturally, with the development of different means of communication, various innovations in the legal profession have materialized and gained popularity. One of these innovations is electronic discovery.
The Ethics Of E-Mail, Thomas E. Spahn
The Ethics Of E-Mail, Thomas E. Spahn
Richmond Journal of Law & Technology
In many ways, communicating by e-mail and other forms of electronic transmission reflects a fundamentally different way of human interaction. Historians eventually will put this in perspective, but one could easily conclude that e-mails are essentially a “third way” for people to communicate.
Achieving An Appropriate Balance: The Use Of Counsel Sanctions In Connection With The Resolution Of E-Discovery Misconduct, Thomas Y. Allman
Achieving An Appropriate Balance: The Use Of Counsel Sanctions In Connection With The Resolution Of E-Discovery Misconduct, Thomas Y. Allman
Richmond Journal of Law & Technology
This article evaluates the increased use of counsel sanctions in connection with discovery misconduct in the federal courts. Decisions such as Qualcomm Inc. v. Broadcom Corp. (Qualcomm) have drawn attention to the affirmative responsibilities of counsel for discovery and the ample authority available to sanction them under appropriate circumstances.
Ethical Challenges Of Restructuring For Lawyers: Lawyer/Client Loyalty In A Rapidly Evolving Industry, Robert E. Eicher
Ethical Challenges Of Restructuring For Lawyers: Lawyer/Client Loyalty In A Rapidly Evolving Industry, Robert E. Eicher
Richmond Journal of Law & Technology
This article is the outline of Mr. Eicher's speech.
Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier
Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier
Richmond Journal of Law & Technology
The Internet is experiencing explosive growth. The global World Wide Web and Internet are being embraced by the legal community at a phenomenal pace. More and more lawyers are using the Web to promote their practices, disseminate information, communicate with clients and prospective clients, conduct legal research, and carry on the practice of law. This growing use of the Web by lawyers, both nationally and internationally, is raising numerous complex ethical questions.