Law, Technology, and Practice
Spring 2021
Course Description
Lawyers are required to stay abreast of the benefits and risks of all applicable technology. The majority of States now have a duty of technical competence in their ethics rules. This course will look at technology being used in law practice today. We will examine the tools themselves and the concerns in using technology related to practice management, eDiscovery, information security, legal analytics, artificial intelligence, and more. Students will have hands-on
experience using technology, and they will understand how to evaluate new technology, identify new trends in technology, and incorporate technology into law practice. Students will also learn to identify the ethical implications of the relevant technology.
Grades will be based on a legal memorandum (10%), technology assessments (15%), a group presentation (20%), a final project (45%), and class participation and attendance (10%).
You must review and abide by the School of Law's Honor Code for all assignments. Do not accept assistance, give assistance, or collaborate on assignments except as expressly permitted in writing in the instructions for the assignment.
Text
There is no required text. Various readings will be assigned and available on the course TWEN page.
Assignments
1. Legal Memorandum
You will be drafting a memorandum to the managing partner regarding an ethical issue connected to a specific piece of technology that the firm is considering. Details to follow.
2. Technology Assessment
We will be using Procertas and LinkedIn Learning to ensure competence in basic technology tools. Instructions on accessing and using these tools will be provided.
3. Group Presentation
In small groups (of about 4), you will be doing a group presentation on a piece of
technology not being covered elsewhere in class. The presentation should be about 10-15 minutes long, include the use of presentation software (e.g. Powerpoint, Prezi, etc.), and have a corresponding (print-based) brochure. Part of your grade for the presentations will be based on feedback provided on other presentations.
Robin Schard
Email: [email protected] Office: D138
Telephone: 305-284-6441
4. Final Project
The final project will be either a paper discussing legal technology trends and
consequences, or the creation of a new application that could be used in practice. You must receive prior approval for the application.
Masks are Mandatory
According to University and Law School policy, masks are required at all times, including in our classroom. Students must maintain adequate physical distancing and comply with all signage in and around the building. Everyone is expected to behave in a manner that is beneficial to the health and safety of all students, faculty, and staff. Appropriate masks cover the entire nose and mouth, fitting snugly over the face. Students without an appropriate face covering will not be permitted in the classroom.
Seat Assignments
This semester seat assignments are especially important for the public health Contract Tracing team. On the first class, you will show up and pick an open, numbered seat. You will receive a seat assignment/attendance form. You will fill out the seat number, and that will be your seat for the semester.
Class Attendance
The class will generally meet in-person on Thursdays from 4:10-5:50 pm. There will also be required asynchronous work. All of this will be designated in the class schedule. Class attendance is required, and attendance and participation will impact grades, as will failure to complete the asynchronous work as designated in the schedule.
Class attendance will be kept through an online form. The Dean of Students will notify faculty members of extended absences, working with faculty to make sure that we support our students who may be affected by extended illness or absences due to compliance with University public health protocols.
You will need to use a computer in every class. If you own a laptop or tablet, please bring it to class. If you do not own a laptop or tablet, please contact me before the first day of class, so we can make the necessary arrangements for you.
Recordings
Students are expressly prohibited from recording any part of this course. Meetings of this course might be recorded by the University. Students are expected to follow appropriate University policies and maintain the security of passwords used to access recorded lectures. Recordings may not be reproduced, shared with those not enrolled in the class, or uploaded to other online
environments. If the instructor or a University of Miami office plans any other uses for the recordings beyond this class, students identifiable in the recordings will be notified to request consent prior to such use.
Title IX
The University of Miami seeks to maintain a safe learning, living, and working environment free from all types of sexual misconduct including but not limited to: Dating Violence, Domestic Violence, Sex- or Gender-Based Discrimination, Sexual Assault (including Sexual Battery), Sexual Exploitation, Sexual Harassment, and Stalking. For additional information about the University’s efforts to prevent, stop, and address sexual misconduct, including resources and reporting options, please visit www.miami.edu/titleix or contact the University’s Title IX Office at [email protected].
Intellectual Property
The course professor is the copyright owner of the courseware, Specifically, pursuant to the University’s Policy on Inventions,
Property, and Technology Transfer, “courseware” includes: course syllabi, assignments,
assessments, and/or other materials that are first created and made available to students as part of the educational curriculum at the University.
Office Hours
I am typically in my office during regular business hours, and I am happy to meet with you in- person whenever my door is open. Or, you can email me to set-up an appointment for us to meet in-person or online--whichever you prefer. I will also be available for virtual office hours on Microsoft Teams on Tuesdays, 1:30-2:30pm.
Accessibility and Inclusion
If you have a disability, or suspect that you may have a disability, the Law School encourages you to contact The Office of Accessibility and Inclusion for information about available opportunities, resources, and services. You may also visit the Office of Accessibility and Inclusion website at https://www.law.miami.edu/students/student-accessibility-and-inclusion.
Schedule
(The schedule is subject to change.)
Date Topic and Readings
Jan. 28 Introduction to Course Before class:
Jean O’Grady, 5 (Unforeseeable, Predictable, and Surprising) Legal Tech Trends in 2020, Above the Law (Dec. 22, 2020).
Aaron Street, Build Your Law Firm Technology Around Your Workflows, Not Software Features, Law Technology Today (Nov. 7, 2019).
LinkedIn Learning: Microsoft Teams Essentials Training (only chapters 3-5) (You may need to create a free, individual account in order to access, but be sure to use the link above.)
Please also complete the First Day Survey, under Assignments on Blackboard.
February 4 Case/Firm/CRM Management Software (Discuss features and hands- on with specific ones, e.g. Lexis’ CaseMap, CLIO
February 11 Legal Project Management
Authoring tools (briefs, citation, preservation, transactional drafting tools)
Before class:
Reading: Bill Josten, Legal Project Management – What is it and why should you care? (Oct. 9, 2018).
Steven B. Levy, Legal Project Management: Control Costs. Meet Schedules, Manage Risks, and Maintain Sanity, 2d ed. 37-55 (2015).
LinkedIn Learning: Project Management Simplified Recording (tbd)
February 18 Ethics and Technology
Assignment: Firm memo applying rules to specific issue
Before class:
Reading: Heidi Kuehl, Technologically Competent: Ethical Practice for 21st Century Lawyering, 10 Case Western Res. J. L. Tech. &
Internet Art. ii (2019). Model Rules 1.1 & Florida Rule 4-1.1.
February 25 Using Algorithms Before class:
Reading: Algorithms, in Understanding the Digital World: What You Need to Know about Computers, the Internet, Privacy, and Security, 55 (2017). Sara Wachter-Boettcher, Technically Wrong, chapter on algorithms. (2017). Susan Nevelow Mart, Research Algorithms Have a Point of View, Colo. Law., Jan. 2017, at 10.
March 4 Encryption/Cybersecurity Before class:
Reading: Lucy L. Thomson, Understanding Cybersecurity Risks, in The ABA Cybersecurity Handbook, 2d ed. 11 (2018).
Holly Urban, Prioritizing Cybersecurity to Protect Client Information from Data Breaches, Law Technology Today (Jan. 3, 2019)
Holly Urban, Common Types of Encryption: What Lawyers Need to Know, Law Technology Today (Jul. 18, 2018)
March 11 Competitive Intelligence Before class:
Recording (tbd) March 18 Legal Analytics
Before class:
Reading: Kevin D. Ashley, Artificial Intelligence and Legal Analytics: New Tools for Law Practice in the Digital Age, 3-31 Jamie J. Baker, 2018: A Legal Research Odyssey: Artificial Intelligence as Disruptor, 110 Law Libr. J. 5 (2018).
March 25 eDiscovery and Software Reading tbd
April 1 Blockchain and other emerging technologies Before class:
Reading: Andrew Hinkes, Throw Away the Key, or the Key Holder?
Coercive Contempt for Lost or Forgotten Cryptocurrency Private Keys, or Obstinate Holders, 16 Nw. J. Tech. & Intell. Prop. 225 (2019).
April 8 Courtroom-focused technology Before class:
Recording (tbd)
April 15 Document Automation
Before class:
Hugh Logue, Automating Legal Services: Justice Through Technology 37-55, 87-112 (2019).
April 22 Encouraging Innovation Before class:
Reading: Michele DeStefano, Legal Upheaval: A Guide to Creativity, Collaboration, and Innovation in Law, pages tbd.
Recording (tbd)
Apr. 27 (Last Day of Classes) Final Project due
