eLawyering can be traced to the early days of the Internet, when early law firm websites such as http:// www .visalaw .com and http:// www .mdfamilylawyer .com first appeared. In January 2000, William Paul, then president of the American Bar Association, created the ABA eLawyer- ing Task Force. President Paul’s vision was that lawyers could use the power of the Internet to serve clients of moderate means priced out of the legal market. The eLawyering Task Force still exists today as a program unit within the LawPractice Division of the American Bar Association. With the passage of time, the eLawyering concept became associ- ated with the concept of virtuallawpractice. The period from 2000 to 2009 witnessed the emergence of several virtuallaw firms that sought to deliver legalservices online directly to clients. Unlike a simple law firm website that may only have a description of a firm’s practice, bio- graphical information about the partners and employees of the firm, and some legal information, a “virtuallaw firm” is characterized by access by the firm’s clients to a password-protected and secure web space where the attorney and client may interact and legalservices are consumed by the client. Some may include the delivery of online legal advice, legal review of documents received by the client from another party, discussions between the lawyer and the client, and the creation, assembly, and review of legal documents and forms.
When applied to the legalservices industry today, Christiansen’s ideas are illuminating. By Christansen’s theory, well-established, traditional law firms are more likely to pursue profits at the high end of the legal market by incrementally improving services for sophisticated, non-price-sensitive customers. This sustaining innovation strategy has worked for big firms for many years now and, over time, the legal industry has developed a cultural bias against change. Until a big firm breaks rank and demonstrates the transformative potential of legaltechnology there will be little to challenge the cultural stubbornness. As Susskind puts it, “it will be hard to convince a group of billionaires that their business model is broken.” 87
For example, within the client portal, every client has their own home page where they may store communications between the parties; docu- ments that are uploaded by clients or by the lawyer; an interactive calen- dar; sticky notes with reminders for invoices, deadlines, and other billing items; and client information. The lawyer might conduct Web confer- ences or Skype calls in which the lawyer and client may speak and see each other while online. In addition, through the use of other online social networking tools, such as LinkedIn, Facebook, and Twitter, a lawyer has the ability to let clients know what he or she is doing on a minute-by- minute basis. While this may not be desirable in most cases, the ability to form close business relationships through Web-based applications is fully available. Accordingly, written concerns by state bars regarding the ability of a virtuallawpractice to provide competent limited legal representation may not recognize these advancements in technology. They may be tai- lored more toward e-mail communication between client and lawyer and may not relate to the ability of the virtuallawpractice to assist the lawyer in identifying conflict of interest issues or providing personalized, compe- tent online representation.
In this context, the attention is drawn to the fact that the issues on the application of these rules has been also resolved by the national courts in the Republic of Lithuania (Lithuanian Supreme Administrative Court (hereinafter - the Court) as the highest judicial instance in dealing with this kind of disputes), but the national case law has not yet formulated a clear conclusion on the application of the HSENs, their legal value and status in the national legal system. It should be noted that the case law on the national level remains very controversial and since 2010 can be generalized into three directions of practice: 1) HSENs are directly applicable; 2) in case of conflict between the HSENs and Combined Nomenclature of the EU, the EU law is applicable; 3) in solving the disputes, concerning the tariff classification of goods, the national court is not obliged to give a detailed evaluation of the HSENs at all. It is obvious that such positions (especially the first and the third) are not be compatible with each other, as in first case the binding legal force is provided to the HSENs (a soft law source by its nature), and according to the last position the legal value of the HSENs (even as the source of law of recommendatory nature) is questioned in general.
Iav. 11 epist. D. 50.17.202: ‘Every definition is dangerous in civil law’. For this very rea - son, Paul. 16 Plaut. D. 50.17.1 underlines that the law does not result from the rule: con - versely, it is from the established law that the rule is created: ‘non ex regula ius sumatur, sed ex iure quod est regula fiat.’ Rules can therefore be rejected, as any other jurispruden - tial formulation of the law, as soon as they prove to be inaccurate. The so - called regula Catoniana was a notorious example of the problems that a rule could create when its for - mulation was ( or had became ) misleading: it is perhaps not a coincidence that alternative formulations had been proposed by both Javolen ( 10 epist. D. 50.17.201 ) and Paul ( 8 Sab. D. 50.17.29 ) . In the last century of the Republic and the first decades of the Principate, ins - tead, the formulation of regulae and definitiones seems to have been a central concern of the jurisprudence, to the point that the somewhat forced expression ‘regular juris - prudence’ has been common since Paul Jörs to refer to this period. Among the rich lite - rature on regulae and definitiones, cf. A. Carcaterra, Le definizioni dei giuristi romani, Napoli 1966; R. Martini, Le definizioni dei giuristi romani, Milano 1966; P. Stein, Regulae iuris, Edinburgh 1966; B. Schmidlin, Die römischen Rechtsregeln, Köln – Wien 1970; D. Nörr, ‘Spruchregel und Generalisierung’, ZRG RA 89 ( 1972 ) , pp. 18 – 93; B. Schmidlin, ‘Horoi, pithana und regulae. Zum Einfluß der Rhetorik und Dialektik auf die juristische Regel - bildung’, ANRW II 15, Berlin – New York 1975, pp. 101 – 130.
viii. Consider a Program That Provides a Read Receipt on Emailed Documents: More and more lawyers email correspondence and other documents to clients rather than sending them via U.S. mail. Thanks to spam filters, email address auto-complete and various other issues, sending an email is no guarantee that the intended recipient actually received it. If you're using a program like Microsoft Outlook and you check the "Request a Read Receipt" box, the recipient can elect to answer NO to the prompt that will ask them if you should be notified. Therefore, the feature is fairly useless as almost everyone clicks "NO" to the prompt that the recipient is requesting a read receipt. However, there are services you can subscribe to which will provide you with a read receipt that the recipient cannot prevent. For example, a great service called Hightail (www.hightail.com) will provide you with notification that email attachments are downloaded by the recipient (which is just about as good as it gets for verifying that someone received your email). Verifying that the text of an email was read is a lot more difficult although there are services that will do this such as www.rpost.com. They are, however, a lot more expensive than something like Hightail. With hightail, I can send a PDF of a memo to a client and be notified when the client downloads the attachment to the email. The client doesn't know that I'm being notified and they can do nothing to prevent me from being notified. There are also many other benefits of this service which you can read about on their website. The biggest one is that you can send attachments of up to 2,000 MB and they will always go through (and not bounce back because the attachments are too large). The basic service costs $15.99/month or $159.99/year ($32 discount).
Delaware). The smaller ones feared a loss of sovereignty if they could be outvoted by the larger ones, so the federal legislature was constructed to guarantee two Senate seats for every state, no matter how small. The Senate was also given great responsibility in ratifying treaties and judicial nominations. The net effect of this today is that senators from a very small number of states can block treaties and other important legislation. The power of small states is also magnified by the Senate’s cloture rule, which currently requires sixty out of one hundred senators to vote to bring a bill to the floor for an up-or-down vote. Because the Constitution often speaks in general terms (with broad phrases such as “due process” and “equal protection”), reasonable people have disagreed as to how those terms apply in specific cases. The United States is unique among industrialized democracies in having a Supreme Court that reserves for itself that exclusive power to interpret what the Constitution means. The famous case of Marbury v. Madison began that tradition in 1803, when the Supreme Court had marginal importance in the new republic. The decision in Bush v. Gore, decided in December of 2000, illustrates the power of the court to shape our destiny as a nation. In that case, the court overturned a ruling by the Florida Supreme Court regarding the way to proceed on a recount of the Florida vote for the presidency. The court’s ruling was purportedly based on the “equal protection of the laws” provision in the Fourteenth Amendment. From Marbury to the present day, the Supreme Court has articulated the view that the US Constitution sets the framework for all other US laws, whether statutory or judicially created. Thus any statute (or portion thereof) or legal ruling (judicial or administrative) in conflict with the Constitution is not enforceable. And as the Bush v. Gore decision indicates, the states are not entirely free to do what they might choose; their own sovereignty is limited by their union with the other states in a federal sovereign. If the Supreme Court makes a “bad decision” as to what the Constitution means, it is not easily
There are many types of insurance coverage to consider for your new law fi rm. The most important of which is malpractice insurance. You should have malpractice insurance in place before you begin practicing law in your new law fi rm. The best advice we can provide is do not practicelaw without malpractice insurance! In addition, professional liability insurance carriers such as Minnesota Lawyers Mutual Insurance Company (MLM) can be a valuable resource for many offi ce procedures and systems. MLM has online resources and experts on staff offering advice and recommendations for confl ict searches, calendars, document retention, disaster recovery, and much more.
However, we acknowledge that outside of controlled experimental settings, and sometimes even within them, there may be exceptions: practice can slow rather than speed performance when fatigue sets in, performance can plateau when the potential for improvement in one method is exhausted, only to commence improving again when a new and better method is found, improvement can be sudden rather than gradual when insight is gained into a new much better method, but improvement can be inconsistent with occasional reversions back to the slower method. In the light of these facts, we have also sought to complement our refined law of practice with a sensitive method that detects when it does not hold. We contend that, against the background of a quantitative account of simple lawful behavior, exceptions – and the attendant need for deeper examination – become most evident. This can help motivate a need for the development of more complex theories.
The focus on supporting the requirements for video has been driven in large part by the high private value placed on streaming video. It is almost certainly the case that video is the Internet‟s “killer app” – the one thing for which consumers are likely to pay the most. But the social value of online video is likely small relative to other applications – and these other applications likely have very different technical require- ments. Thus, the goal of provisioning ubiquitous high-speed Internet access is at odds with provisioning ubiquitous access to important online educational, health care, employment, and government service resources. In a world of unconstrained resources we would of course have unlimited bandwidth connectivity that supported universal access to these socially-valuable resources. But in a world of constrained re- sources, we face a tradeoff between the rate of provisioning networks that support the most resource-intensive and highest private-value ser- vices and the rate of provisioning more modest networks that support the most socially-valuable services but that may not support the highest private-value services.
In the Sections that follow, I will describe specific portions of the Summit Recommendations and reflections I have had as a law student, lawyer, and adjunct law professor. Unlike most people who attend law school expecting to pursue legal careers, I went to law school never intending to practicelaw. Instead, I planned to pursue a career in IT consulting after law school, and therefore I taught graduate computer sciences while I studied law. While I became a sole practitioner and eventually went on to join a law firm, my computer science and legal background have given me particular insight into IT legal matters. Further, as an adjunct law professor, I have had the wonderful opportunity to teach a variety of courses on IT legal matters and share my experience with hundreds of students, many of whom I keep in touch with, and I have even practiced law with some former students. As a result, I am also able to offer a unique perspective on how the Summit Recommendations may be helpful to legal education for law students based on my experiences and students’ input.
“Whoever…holds himself out, or who represents or advertises himself as an attorney or counselor at law, or whoever, not having been lawfully admitted to practice as an attorney at law, represents himself to be an attorney…shall be punished for a first
famous Mannemann case. Bundesgerichtshof [BGH] [Federal Court of Justice], Dec. 21, 2005, 59 N EUE J URISTISCHE W OCHENSCHRIFT [NJW] 522, 524 (2006). Also, various lower courts have applied section 87 (1) of the German Stock Corporation Act. See, e.g., Landgericht München [LG München] [Court of Appeals of Munich], March 29, 2007, 10 N EUE Z EITSCHRIFT FÜR G ESELLSCHAFTSRECHT [NZG] 477, 477 (2007) (refusing to find a violation of § 87 (1) (1) despite atypically high compensation payments because the specific circumstances justified the amount of the compensation); Oberlandesgericht München [OLG München] [Higher Court of Appeal], May, 7, 2008, 10 N EUE Z EITSCHRIFT FÜR G ESELLSCHAFTSRECHT [NZG] 631, 632–33 (2007) (finding that section 87 (1) (1) had been violated). Moreover, this principle has repeatedly become relevant in the law on close corporation where it lacks a statutory basis but is recognized as judge-made law. E.g., Bundesgerichtshof [BGH] [Federal Court of Justice], June 15, 1992, 45 Neue Juristische Wochenschrift [NJW] 2894, 2896 (1992) (holding that a director‘s fiduciary duty may require the director to consent to a lowering of his compensation and noting that this requires the court to analyze whether the director‘s compensation is unreasonably high (―überhöht‖)).
(1) CPOE [computerized provider order entry]; (2) [implementing] drug-drug and drug-allergy interaction checks; (3) [maintaining] an up-to-date problem list of current and active diagnoses; (4) [generating] and [transmitting] permissible prescriptions electronically (eRx); (5) [maintaining] active medication list; (6) [maintaining] active medication allergy list; (7) [recording] … demographics [in- cluding]: (A) preferred language; (B) gender; (C) race; (D) ethnicity; (E) date of birth; (8) [recording] and [charting] changes in …vital signs…; (9) [recording] smoking for patients 13 years old or older; (10) [implementing] one clinical sup- port rule related to a high priority hospital condition along with the ability to track compliance with that rule; (11) [providing] patients the ability to view online, download, and transmit information about a hospital admission; (12) [providing] clinical summaries for patients for each office visit; and (13) [protect- ing] electronic health information created or maintained by the certified EHR technology through the implementation of appropriate technical capabilities.
Muslim women are often seen as the victims and the worst off in the application of Shariah Law. This is as a result of an influence of certain cultural practices which raise eyebrows even amongst Muslim jurists, and do subjugate the rights of women in society.
In the UK in particular, Takaful operators are subject to the same regulatory requirements as conventional insurers because the UK the financial services regulator has not enacted specific rules adapting the requirements for conventional insurers. The financial services regulator has stated broadly that it will take a practical approach to its interpretation and supervision of Islamic finance, provided there is similarity in function and form to conventional financial services or services organisations. 71 But providing Takaful organisations with the same legislative framework as the one designed for conventional insurers might hinder the development of the market when the new organisations have to address such issues as the requisite levels of solvency and liquidity, as well as accountancy and reporting requirements for the businesses. For the UK Takaful industry to achieve critical mass, the UK regulator needs to develop more specific reporting procedures and corporate governance standards that are suited for Takaful operators. This further development will help to improve the efficiency and transparency of the industry, along with providing much-needed regulatory support for the future growth of the industry. 72
statutory regulation of securities and futures products 102 . Issues of legal distinction between the transfer of title to securities by securities exchanges and the contractual transfer and risk management of prices in futures exchanges were overtaken in law reform by the need to create consistent regulation of functionally similar products (CLERP Paper Number 6) after the creation of the Australian Stock Exchange Limited (‘ASX’) and the Sydney Futures Exchange Limited (‘SFE’) trading of futures and derivative products and hybrid products 103 . Consistent licensing and disclosure 104 of financial products and services arose from the thinking of the Wallis Inquiry about the need to enable financial promises to be exchanged in the financial system. The CLERP Paper Number 6 noted that the functions of financial markets included mobilising and directing savings to their most productive uses; providing price discovery through exchange and evaluation of information; facilitating management of pricing risk; assisting individuals in assessing and making investment decisions by reflecting risk in the pricing of financial instruments; and facilitating capital raising by a diverse range of firms. 105 The CLERP Paper Number 6 noted that, while the function of price discovery was traditionally associated with liquid markets which were highly transparent, both securities and derivative markets performed price discovery functions through the
While one lawyer is trying to justify his $500 hourly rates, or his even more embarrassing rate of $200 per hour for a freshly minted lawyer, his partner may be billing the same client $25 for his lunch or $1 a page for faxes. There are law firms billing for the time of people as “lawyers” who are not licensed to practicelaw — that, they claim, is just a technicality. Other firms expect lawyers, either explicitly or by implication, to bill 2,000 or more hours a year, whether that time is valuable or not. Part of the problem is that lawyers have a hard time showing why their services should be