| Technology has linked its way into just about every | | | | (CMS) software - even though there's no doubt that |
| facet of human lifestyles. For your edification, this | | | | it can help firms deliver faster, better, and cheaper |
| continuing discussion, as well as an addition to | | | | services to their clients. Several observers suggest |
| previous study formats. In offering this informational | | | | that the initial threshold of setting up a management |
| passage, the legal system is just one more | | | | system intimidates firms. A software consultant, Tom |
| profession that has been conquered by technology. | | | | O'Connor said, "Everybody loves technology but |
| We are aware of the court stenographers and PC's | | | | hates installing it." |
| that record and track our legal system, but what | | | | Project Management has not been a topic stressed in |
| about the C.G.A. System? The Computer Generated | | | | many schools, according to an independent IT |
| Animation Presentation can be admitted into our | | | | consultant from Minneapolis. A successful project |
| American Court System. Admissible Evidence in | | | | management is dependent upon a large network of |
| criminal trial(s) has been recorded as a precedent | | | | personnel. An effective Electronic Data Discovery |
| case ruled on by the Supreme Court. As reported by | | | | (EDD) Project Network includes: clients, partners, legal |
| Asher Hawkins, of the Legal Intelligencer, differing | | | | IT staff, associates, paralegals, inside counsel, service |
| arguments by six Pennsylvania Supreme Court | | | | providers, and technical experts. Without a doubt, the |
| Justices concluded that a Lackawana Common Pleas | | | | use of (PM) Project Management to mitigate risk |
| Judge properly admitted the use of CGA during a | | | | while delivering consistent, quality results that |
| first-degree murder case in 2002. CGA has been | | | | represents significant benchmark(s) in the maturing |
| portrayed on various television shows such as CSI | | | | process of the EDD environment. |
| Investigation(s) and Crime 360. | | | | Used in many corporations to increase productivity, |
| Justice Sandra Schultz Newman wrote, "Society has | | | | quality control programs such as Sigma Six, have |
| become increasingly dependent upon computers in | | | | been generating interest. Understanding why and |
| business and our personal lives..." She went on the | | | | where problems occur has a great impact on the |
| say, "With each technological advancement, the | | | | decrease in mistakes. The application of these |
| practice of law becomes more sophisticated and | | | | principles and practices on Electronic Data Discovery |
| commensurate with the need to shed any techno | | | | processes improve a lawyer(s) result(s) with |
| phobia and become more willing to embrace the | | | | increased quality and decreased costs. Reasons for |
| advances that have the ability to enhance the | | | | rising interest in Project Management are recognition |
| efficiency of the legal system." | | | | in the success depends on effective management. |
| Prosecutorial teams, including Forensic Pathologists | | | | Mitigating risk and lowering cost by applying |
| and Crime Scene Reconstructionists presented a | | | | "Electronic Discovery Techniques" offered a myriad |
| murder case to the jury; the prosecutor's version...the | | | | of considerations, for example, matching time tables, |
| defendant did not possess and/or have access to | | | | securing outside IT experts, propose and follow |
| this tool. One argument against this procedure in | | | | "E-Discovery" protocol, engagement of a special |
| court is of a defendant, a poor person, is able to | | | | master to monitor compliance and resolvement of |
| commission an equivalent production. In other words, | | | | disputes, use of checklist(s) containing critical steps |
| would the defense be able to match the expenses | | | | and reminders for every step in and of a project, |
| associated with the prosecutions presentation to the | | | | working service providers, working with attorneys to |
| court? Another justice suggested it would be wiser | | | | find answers to the right questions, as managing |
| to exclude CGA evidence if an indigent or poor | | | | vendors require special attention to service level |
| defendant could not afford the costs of "equivalent | | | | agreements (SLA'a). |
| production." The basic cost could be upwards of | | | | Meanwhile, discover these definitions/terms of legal |
| $20,000.00. Another legal professional commented on | | | | jargon that may help you in your administration, |
| whether the cost(s) of CGA was worth the | | | | business, everyday life, and tech studies: |
| expenditure. The justices also took note on the fact | | | | Subrogation - any right a creditor has against a |
| that CGA's are becoming increasingly less expensive | | | | debtor now becomes the right of surety. Inclusive |
| to produce and could be a vital tool in the rapid | | | | are creditor rights in bankruptcy, rights to collateral |
| expedition of court cases. In any case, pre-trial | | | | possession by the creditor, and rights to judgments |
| motions that include CGA evidence should be treated | | | | secured by the creditor - the surety now stands in |
| with respect. Jury instructions and indigent (lacking | | | | the shoes of the creditor against the debtor. |
| food, clothing, and other necessities of life because | | | | Indemnification - The right to pursue guaranteed |
| of poverty; needy; poor; impoverished, destitute) | | | | reimbursement/payment to a director for legal costs, |
| defendants are needed with the court's permission | | | | fees, and/or judgments involved in defending |
| for the presenting of such evidence. | | | | corporations - (clients) related law suits. Simply put |
| The judges position was to make certain that | | | | the right to compensation for services as directors |
| Computer Generated Animation was fair and | | | | (representatives/attorneys). |
| accurate while permitting defendants an opportunity | | | | Habeas Corpus - held against your will - against your |
| to challenge its foundation. It has also been noted by | | | | constitutional right(s), a writ requiring a person to be |
| the justices, to make clear to the jury that it was | | | | brought before a judge or court, esp. for |
| not meant as a re-enactment or simulation, but | | | | investigation of a restraint of the person's liberty, |
| merely an expression of opinions formulated by | | | | used as a protection against illegal imprisonment, one |
| expert witnesses. Another justice stated his | | | | of a variety of writs that may be issued to bring a |
| position..."I think it's a valuable tool, but a tool that | | | | party before a court or judge, having as its function |
| needs to be used sparingly. I don't think it's | | | | the release of the party from unlawful restraint. |
| necessary in every case." Newman also wrote, "The | | | | Writ - a legal order, a document of the court. |
| difference is one of mode, the law does not, and | | | | Tort - personal injury, a civil wrong not arising from a |
| should not; prohibit proficient professional | | | | breach of contract...a breach of a legal duty that |
| employment of new technology in the court-room. | | | | proximately causes harm or injury to another. |
| This is, after all, the 21st century." | | | | Posterity - the offspring of one progenitor to the |
| Each state has its own court system. There's also a | | | | furthest generation; descendants; all future |
| system of federal courts. Decisions made during | | | | generations; succeeding or future generations |
| adjudication by federal administration agencies may | | | | collectively; Judgment of this age must be left to |
| be appealed to a federal court. Similarly, decisions | | | | posterity; all descendants of one person. |
| made by state administrative agencies may be | | | | HIPPA - The Health Insurance Portability and |
| appealed to a state court. The definition for | | | | Accountability Act of 1996 (HIPAA) was enacted to |
| adjudication (adjudicate) is to render a judicial decision. | | | | ensure that personal information stored, accessed or |
| In the administrative process, the proceeding in which | | | | processed adheres to a set of guidelines or "security |
| and administrative law judge hears and decides on | | | | rules." These rules outline security measures that |
| issues that arise when an administrative agency | | | | should be implemented to adequately secure all |
| charges a person or a firm with violating the law or | | | | electronic protected health information (EPHI). |
| regulations enforced by the agency. An administrative | | | | LogRhythm directly meets some HIPAA |
| agency is a state or federal government agency | | | | requirements, reduces the cost of complying with |
| established to perform a specific function. | | | | others, and it features out-of-the box HIPAA |
| Administrative agencies are authorized by legislative | | | | reporting packages. |
| acts to make and enforce rules to administer and | | | | SOX - require public companies to create, monitor, |
| enforce the acts. | | | | and manage controls over many aspects of their |
| Typically, a state court system will include several | | | | financial reporting. Some companies have found that |
| levels, or tiers, of courts - (a) trial courts of limited | | | | such transparency doesn't come easily. The rules |
| jurisdiction, (b) trail courts of general jurisdiction, (c) | | | | require not only new processes, but also fresh tools |
| appellate courts, and (d) the states highest court | | | | that can determine whether systems and reporting |
| (often referred to as the State Supreme Court). | | | | standards are up to snuff. In general, SOX |
| Anyone who is party to a lawsuit has the | | | | applications can be classified into three main market |
| opportunity, and/or right, to plead his/her case | | | | segments, according to Forrester Research. Those in |
| before a trial court and then if he/she loses, before | | | | the enterprise-application space include Oracle and |
| at least one level of appellate court. Furthermore, if a | | | | SAP; IBM and Stellent fall under the |
| federal statute of federal constitutional issue is | | | | enterprise-content management (ECM) heading; and |
| involved in the decision of the State Supreme Court, | | | | OpenPages and Paisley Consulting are considered |
| that decision may be further appealed to the United | | | | specialists, competing with Certus, HandySoft, and |
| States Supreme Court. | | | | other pure-play vendors. |
| Have you ever wondered, with all the juris prudence | | | | Where is it that technology hasn't reached? Are the |
| (the science or philosophy of law, a body or system | | | | courtrooms truly behind in technology? Are they out |
| of laws, a department of law, Civil Law. decisions of | | | | of the loop as are many "non-techie" or poor people |
| courts, esp. of reviewing tribunals) activities flooding | | | | are? The "Great Technical Divide"...go figure! |
| the land, how could the legal system function without | | | | After all, this is the 21st century. |
| technology? | | | | Til next time...by |
| Monica Bay, of Law Technology News, reported of | | | | Gregory V. Boulware |
| lawyers at small firms, especially solo practioners, | | | | 3.16. |
| have resisted adopting practice/case management | | | | |