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Justice and Technology Practicum

In this enlightening guest lecture, William Hornsby, Staff Counsel at the ABA Standing Committee on the Delivery of Legal Services, delves into the multifaceted relationship between law and technology. He discusses crucial topics such as unauthorized practice of law (UPL), the roles of websites versus human interaction, and the complexities of forming lawyer-client relationships in an increasingly digital world. Hornsby emphasizes the importance of human involvement in legal services and addresses the ethical considerations and future implications of technology in the legal profession.

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Justice and Technology Practicum

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Presentation Transcript

  1. Justice and Technology Practicum Class 6 9-27-11 Guest Lecturer: William Hornsby Staff Counsel ABA Standing Committee on the Delivery of Legal Services

  2. Functions of Lawyering • Dispute Resolution • Compliances

  3. UPL • Who is most hostile to UPL? • UPL may depend on the definition of the practice of law – Drafting • From Dacey to Parsons to Reynoso • What about LegalZoom? – Product or Service?

  4. As applied to Technology • “Websites don’t just grow out of thin air and aren’t maintained out of thin air. They’re put together by people; they’re put on the Internet; and it’s not the web site that provides the assistance. It’s the people who develop the web site that provide the assistance.” In re Reynoso

  5. Janson et al v. LegalZoom • “A computer sitting on a desk in California cannot prepare a legal document without a human programming it to fill in the document using legal principles…” • The notion of product vs. service • The dumber the better; the smarter the worser?

  6. Forming a Lawyer-Client Relationship • In the eye of the beholder • Two-step analysis • Does the person believe there is the relationship? • Is there a reasonable basis for that belief? • Legal Information vs. Legal Advice • Direction for court clerks, librarians.

  7. What if the Rules Apply? • MR 1.2(c) Limited scope of representation • Reasonable under the circumstances • Informed consent • MR 1.1 Competence • Duty to make inquiry • MR 1.3 Diligence • Zealous advocacy

  8. Application of rules • Confidentiality • Security of Information (Cloud issues) • Conflicts • Imputed conflicts – MR 6.5 • Candor toward the tribunal • Ghostwriting

  9. Questions to ask ourselves • Can we avoid UPL? • Can we work outside of the definition of the practice of law? • Is there a difference between services in the marketplace and those for the public good? • How can we control the determination of the lawyer-client relationship? • If we work within the lawyer-client relationship, how can we comply?

  10. What about the future? • Virtual Worlds • From 2-D text-based interface to a 3-D graphic-based interaction • Portable Avatars • Integrating AI with human interface

  11. Questions/Comments

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