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Unformatted text preview: M04_GOLD0000_00_SE_CH04.QXD12/5/094:44 AMPage 126CHAPTER4Technology and the ParalegalDIGITAL RESOURCESChapter 4 Digital Resources at www.pearsonhighered.com/goldmanVideo Case Studies:Attorney Meet and ConferRemote Videoconference Taking Witness Video DepositionPrivilege Issue: Misdirected E-mailChapter Summary Web Links Court Opinions Glossary Comprehension QuizzesTechnology ResourcesM04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 127LEARNING OBJECTIVESLaws too gentle are seldom obeyed; too severe,seldom executed.Benjamin Franklin,Poor Richard's Almanack (1756)After studying this chapter, youshould be able to:1. Explain why computer skills areessential in the law office andcourt system.2. Explain the importance ofunderstanding the languageof technology.3. Explain the functions of thecomponents of a computersystem in the law office.4. Describe the types of softwareand the functions they performin a law office.Paralegals at WorkEdith Hannah and Alice Hart, Attorneys at Law, have decidedto combine their practices to create the Hannah Hart Law Office. Miss Hannah has had a thriving practice for 35 years, andMiss Hart has been in practice for only 5 years. Both attorneysrely heavily on their paralegal staff to run their businesses. ElmaQuinn has worked for Miss Hannah for 25 years, and CaryMoritz has been with Miss Hart for only 3 years. The Hannahlaw firm was located across the street from the county courthouse and the Hart office a block from the federal courthouseand government complex in a neighboring city 20 miles away.When Elma first visited the Hart office, she was surprisedto see how small the Hart library was compared to Miss Hannahs library. She also noticed that the Hart office had manyfewer filing cabinets and boxes and no large ledger books.Elma sat down next to Carys workstation and asked:Where do you store all of your files? We have at least a dozenheavy fireproof file cabinets and a rented warehouse room fullof boxes of closed files. Ive heard of the paperless office, but youmust have records somewhere and how do you do legal researchwithout a decent law library? Cary explained how they wereable to access almost everything needed to research cases onlineand use the Internet and online research subscriptions to find allof the latest cases, statutes, and regulations. And, that all theclient files and records were also kept on the computer system.Elma expressed her real concern to Cary: I come from theold school, we use paper files and ledger books. How much willI have to learn if they decide to use your computer system? Ittakes an hour to get between the offices; I dont want to have tobe the one to travel between the offices to exchange documents.5. Describe the kinds of specialtyapplications software used in thelaw office.6. Describe the features of theelectronic courtroom and thepaperless office.7. Describe how a computernetwork and the Internet are usedin the practice of law and theimportance of maintainingsecurity.127M04_GOLD0000_00_SE_CH04.QXD12812/4/097:23 PMPage 128PA R T I The Paralegal ProfessionThe attorneys spend most of their time in court; I just dont see how they willbe able to find the time to work together.When they combine their offices, do you think they will have any problems combining files, clients, and office procedures? Consider the issues involved in this scenario as you read this chapter.INTRODUCTION FOR THE PARALEGALThe increased use of technology and computers in the law office, the court system, andthe courtroom has changed the way many traditional procedures are performed. Thecomputer and the Internet are increasingly used, not just for traditional documentpreparation, but also for maintaining client databases, keeping office and client accounting records, engaging in electronic communications, research and filing documents with the court, and trial presentation as shown in Exhibit 4.1.Computer technology is used in the following ways in the law office:Web ExplorationCompare the results of the latestsurvey information with the datalisted to the right. The fullsurvey may be viewed at theInternational ParalegalManagement Association website athttp://www.paralegalmanagement.org/ipma/.Word processingPrepare documentsElectronic spreadsheetsPerform financial calculations and financialpresentationsTime and billing programsRecord accurate client time and billingAccounting programsManage firm financial records, payroll, and clientescrow accountsCalendaringTrack deadlines, appointments, and hearing datesGraphic presentation softwarePrepare persuasive presentationsTrial presentation softwareOrganize trial presentationsInternet search enginesSearch for accurate and current legal informationand factual information to support a caseDatabasesMaintain records and documentsDocument scanningConvert documents to electronic formatDocument search featuresLocate relevant material in documents and exhibitsEmail and document deliveryCommunicate electronicallyExhibit 4.1 IPMA survey resultsTechnology Most Often Used by ParalegalsIn a survey by the International Paralegal Management Association (IPMA),the most frequently used programs as reported by respondents were:GeneralMicrosoft Word99%Document management programs83%General Internet research74%Spreadsheets57%Databases57%Billing applications53%LitigationLitigation supportElectronic court filingOnline docket programsTrial preparationSource: 2005 Utilization Survey IPMA.75%42%33%25%M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 129C H A P T E R 4 Technology and the Paralegal129Paralegals in PracticePARALEGAL PROFILEVanessa A. LozziVanessa A. Lozzi specializes in litigation, or lawsuit proceedings, in the areas of securities, class actions, appellate law, andlabor and employmentlaw. Her current positionis Litigation TechnologySpet for Butzel Long,a law firm in Detroit,Michigan with about250 attorneys.As the Litigation Technology Spet for my firm,I am responsible forunderstanding, supporting,and training firm employees to use litigation software; assisting withtechnology aspects of trials and arbitration; projectmanagement for document intensive cases; and staying upto-date on the best and most cost-effective technologyproducts and tools available.Technology is a significant part of paralegal work. In litigation, probably 75% of the job involves some sort of technology. For example, at my firm: All time and billing is done electronically through asoftware application. The paralegals and secretaries work together to complete e-filings, the electronic filing of court documents. Paralegals are involved with electronic discovery,or e-discovery. This is the process of collecting,reviewing, managing, producing, and exchangingelectronic data as evidence in a legal case. Paralegals are often asked to conduct legal researchand locate other information. Since books are hardlyused, they often use LexisNexis and Westlaw, onlinelegal and factual research tools. Both offer a host ofdatabases. Case-related information is managed electronically inmany ways, including an internal electronic filing system for the firms records; electronic calendars; andsoftware used to manage document productions,transcripts, and trial presentations.In the future, I believe that paralegals will be expected moreand more to be technology experts. Since many paralegal educational programs have difficulty keeping up with technology'srapid changes, you can help educate yourself by participatingin your local or state bar associations, subscribing to technology newsletters and magazines, and participating in Webinars(online seminars) and software demonstrations.Online collaborationUse the Internet to work collaborativelyOnline electronic document repositoriesUse for remote storage andaccess to documentsNeed for Computer SkillsComputers are being used with greater frequency to share information in digital formatbetween remote offices, courthouses, government agencies, and clients. Computerfiles are shared today more and more by the use of the Internet as well as in the formof CDs, DVDs, and as attachments to emails. In the past, paper had to be physicallycopied and sent, frequently by costly messenger service or express mail service. Todaylarge files can be quickly, almost instantaneously, exchanged electronically, anywherein the world, without any paper (hardcopy). Whereas formerly the physical safety ofthe delivery of paper documents was a concern, today the security and confidentialityof documents sent in electronic format are increasing concerns.The legal team is increasingly using the Web and the Internet for more than just purelegal research. Access to most government information is obtained online through Internetwebsites. Finding businesses and individuals through private service providers, such as theyellow pages and white pages, is now handled most efficiently through Web search enginessuch as Google and Yahoo!. Though legal firms are increasingly developing and usingwebsites for their own businesses as shown in Exhibit 4.2, only the best of these sites arecreated in a way that effectively helps to retain clients and attract new clients.The implementation of new federal court rules on electronic discovery, the use ofelectronically stored documents in litigation, and emerging electronic discovery caselaw is creating increased demand for skills and knowledge in the use of technology incivil litigation. Increasingly the legal team must be able to interface with technologyprofessionals in maximizing the efficiency of internal computer usage, and in obtainingand handling client and trial data electronically. Everyone on the legal team must nowDigital format A computerizedformat utilizing a series of 0'sand 1's.Attachment A popular methodof transmitting text files andgraphic images by attaching thefile to an email.Hardcopy Paper copies ofdocuments.M04_GOLD0000_00_SE_CH04.QXD13012/4/097:23 PMPage 130PA R T I The Paralegal ProfessionExhibit 4.2 A typical law firm website, the new yellow pagesSource: Reprinted with permission from Mellon, Webster, & Shelly Law Offices.Electronic repository Anoff-site computer used to storerecords that may be accessed oversecure Internet connections.Online collaboration Using theinternet to conduct meetings andshare documents.have a working familiarity with computers and the types of computer programs usedin the law office. Not too many years ago, the average law office had a typewriter, anadding machine, and a duplicating machine of some type. Paper was king, with everydocument typed, edited, retypedand frequently retyped again. In each instance, apaper copy was produced and delivered to the supervising attorney for review and additional changes. It then was returned for retyping and eventually sent to the client, tothe opposing counsel, or filed with the court. File cabinets abounded in the law office,and the storage of paper files created back rooms, warehouses, and other storage locations filled with box after box of paper. The trend is toward eliminating paper in thelaw office through the use of computer technology and software.Members of the legal team frequently find themselves working from locations outside the traditional office. In some cases, the legal team members are located in differentoffices of the firm or are from different firms located in different parts of the country orworld. Each member of the team may need access to the case data or electronic files. Onesolution is to have all of the files stored electronically in an electronic repository on asecure, protected file server to which everyone authorized has access over the Internet.Members of the team may use the Internet to work collaboratively using onlinecollaboration software that allows each person to see the documents and, in somecases, each other, and make on-screen notes and comments. A number of companiesprovide services and software for converting case documents to electronic format andstoring of the documents on a secure server. Collaboration software is provided for theindividual members of the legal or litigation team. Exhibit 4.3 shows a typical, secureremote litigation network.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 131C H A P T E R 4 Technology and the Paralegal131Exhibit 4.3 Secure remote access for the legal professionRemote OfficesINTERNETFire WallBranch OfficeData CenterMAIN OFFICEMobile UserTechnology Usage in the LawThe role of technology in the law has evolved in a very few years from a minor function, such as the stand-alone word processor, to a ubiquitous element in the management of law offices of all sizes. Computers are now being used for everything fromword processing to computerized timekeeping, payroll productions, and tax returnpreparation. In some offices computerized telephone systems even use a computerized attendant to answer the phone without human intervention. The use of technology in litigation was once limited to large law firms working on large cases forwealthy clients who could pay the cost of the technology. Today even the smallest lawfirm and litigator must use technology. Some courts are demanding computerized filing. Records previously available in paper form, such as medical records in litigationcases, are now provided electronically. The result is that offices of all sizes need tohave computer or technology support, in some cases with dedicated technologists orsupport of the computerized infrastructure and others dedicated to providing litigation support.OutsourcingOutsourcing has become a buzzword for shipping work out of the office or overseasto save money. Some of the services that can be performed in-house may, in fact, bebetter outsourced. For years, many law firms have outsourced the payroll function instead of preparing payroll checks and tax returns in-house. The confidentiality of information about salaries may dictate that an outside firm handle the payroll process sothat only a few people in the office have access to the critical payroll information. In asimilar vein, the accounting functions may be outsourced to an outside bookkeepingor accounting firm. Using an outside computer consultant to help with support for thehardware and software of the office is a form of outsourcing and may involve a helpdesk located in a foreign location to answer questions.How Much Do I Really Need To KnowNo one can be an expert in everything. What is important is to know enough to knowwhat you do not know and be able to find someone who does. The need is to understandthe basic concepts and be able to communicate with those who are the experts. Havinga basic understanding of the different programs used in the legal environment is a starting point. Know the functions of the programs used in daily support of the legal team,Outsourcing Use of persons orservices outside of the immediateoffice staff.M04_GOLD0000_00_SE_CH04.QXD13212/4/097:23 PMPage 132PA R T I The Paralegal Professionsuch as word processing, spreadsheet, database, and the like. Understand the differencesin the software and computer tools used by the litigation spet from those used bythe in-house legal support team. Most important is the ability to communicate with thelegal side and the technology side of a firm. Learn the language of the other, what somerefer to as geek talk. Keep current by reading the professional journals and legal papers for new tools and services being offered to make the job of legal and litigation teamsmore efficient. Attend the local, regional, and national technology shows for the legalindustry to see the products and services and ask questions to learn enough to make thesuggestions for updating and changing the tools of your profession.Understanding the Language of TechnologyAn understanding of the terminology of technology is a prerequisite to understandingthe technology found in the law office, the courthouse, and the clients business. Lawhas developed its own lexicon of terms that enables those in the legal community tocommunicate effectively and with precision. The technology world also has developedits own lexicon. The legal team and the technology support team must learn one anothers language to communicate their needs and solutions. Each group thinks it iscommunicating, but the same word sometimes has different meanings. For example,the word protocol. To the legal team, protocol is defined as A summary of a document ortreaty; or, a treaty amending another treaty, or the rules of diplomatic etiquette(Blacks Law DictionaryWest Group). To the technology spet, protocol is definedas A set of formal rules describing how to transmit data, especially across a network.Low level protocols define the electrical and physical standards to be observed, bit- andbyte-ordering and the transmission and error detection and correction of the bitstream. High level protocols deal with the data formatting, including the syntax ofmessages, the terminal to computer dialogue, character sets, sequencing of messagesetc. (Free On-Line Dictionary of Computing [http://foldoc.org/]).Another example is the word cell. To the criminal lawyer, a cell is a place whereclients are held in jail. To the computer support staff, it is a space on a spreadsheetwhere a piece of data is displayed. Lawyers, paralegals, and other members of the legalteam, and the members of the technology support team must learn one anothers language in order to effectively meet the needs of clients and work together productively.Computer HardwareComputer hardware Hardwareis the term that encompasses all ofthe tangible or physical itemsincluding computers, monitors,printers, fax machines, duplicators,and similar items that usually haveeither an electrical connection oruse batteries as a power source.Computer system Acombination of an input device, aprocessor, and an output device.Mainframe A large computersystem used primarily for bulkprocessing of data and financialinformation.Computer hardware is the term used to describe the tangible or physical parts ofa computer system; a computer system includes at least one input device, a computer processor, and at least one output device. A system may be as small andportable as a digital watch or as large as a mainframe computer requiring a largeroom to house it.Older models of computers, many of which are still found in many law offices,are large, ugly metal boxes connected to large, bulky, and heavy desktop monitors,sometimes taking up half of a desktop. Newer models are smaller and less obtrusive. Insome offices the computer system consists of a portable laptop computer, weighing aslittle as three to four pounds, the size of a large book, used at the users desk with adocking station to connect it to a flat-screen monitor, external keyboard and mouse,Internet connection, and network.With the reduction in size have come increased speed and functionality. On oldermodels, opening more than one document uses most of the computer system resources, slowing them down or even freezing or stopping the processing of data. Thenewer models typically run well while allowing the display of multiple documents frommultiple applications all running at the same timeWord files, Excel spreadsheets,calendaring programs, and timekeeping applications. Exhibit 4.4 shows a monitor display of four programs running at the same time.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 133C H A P T E R 4 Technology and the Paralegal133Exhibit 4.4 4-page display in Microsoft Office suiteSource: Microsoft product box shot reprinted with permission from Microsoft Corporation.The ability to perform multiple functions simultaneously is in part the result ofthe increase in processing speed permitted by newer central processing units(CPUs), also called processors, and the availability of inexpensive dynamic or volatilecomputer memory, random access memory (RAM). A CPU is the computer chipthat interprets computer instructions and processes data, and RAM is the temporarycomputer memory that stores work in progress.Hardware of all sizes requires software instructions to run and perform desiredfunctions. Operating system software provides the basic instructions for starting upthe computer and processing the basic input and output activity. The processing of datarequires additional applications software such as that used for word processing and financial data processing.All computer components must have a power source (electrical outlet or battery)to operate, including the basic CPU, the dynamic memory modules used for temporarystorage of data (RAM), and output devices like the computer monitor and printer. Justas an automobile depends on fuel to continue to operate, so is the computer dependenton a power source to operate. Computers cannot remember data or information thatappears on the computer screen (work in process) after the power is turned offunlessit has been saved to a permanent memory device. The transfer of the information in theCentral processing unit(CPU) The computer chip andmemory module that perform thebasic computer functions.Random access memory(RAM) Temporary computermemory that stores work inprocesss.Operating system The operatingsystem is a basic set of instructionsto the computer on how to handlebasic functionshow to processinput from ''input devices'' such asthe keyboard and mouse, the orderin which to process information,and what to show on the computermonitor.M04_GOLD0000_00_SE_CH04.QXD13412/5/094:44 AMPage 134PA R T I The Paralegal ProfessionUninterruptable power supply(UPS) A battery system that cansupply power to a computer orcomputer peripheral for a shortperiod of time.form of electrical signals also requires power to write the information on devices suchas magnetic tape, floppy disks, or hard disk drives, or to portable memory devices likeUSB memory devices, or removable memory cards such as the popular secure digital(SD) cards, CDs, or DVDs. These permanent memory devices do not require power toretain dataonly to write or read the data to or from a computer.Uninterruptible power supply (UPS) battery backup systems for the computerare used frequently to guard against loss of the work-in-process files when there is ashort-term power loss or long-term outage. A UPS is a battery system that can supplypower to a computer or computer peripheral for a short period of time. The length of timethe computer will continue to work after loss of its permanent power supply depends onthe size of the battery in the UPS, and may be as short as a few minutes or as long as anhour or more. The UPS is designed to allow time to save the current work-in-process filesand shut down the computer normally in the event of a major power outage.Operating SystemsSoftware Refers to programscontaining sets of instructions thattell the computer and the othercomputer-based electronic deviceswhat to do and how to do it.Graphic user interface (GUI)A set of screen presentations andmetaphors that utilize graphicelements such as icons in anattempt to make an operatingsystem easier to operate.The two most popular computer systems are the PC, or personal computer, and theApple. The original designs of these two systems were built around different centralprocessor system chips manufactured by different companiesIntel in the case of thePC, and Motorola in the case of Apple. Each computer system requires its own uniqueoperating system.Although both computer systems have advocates, the PC has a dominant position in the legal and business communities where the main use is text and mathematical computations in the form of word processing and spreadsheets. The Applesystem achieved the dominant position in the graphic and artistic communities, andto some extent among computer game players. New models of both systems havesoftware that permits the other computer system software to run on the competitivemachine.In 2006, Apple started to utilize the same CPU manufacturer as the PC manufacturers use, allowing the new Apple computers to use software for both systems onits computers without any additional software to interpret the software instruction ofthe other system.Microsoft Windows is the most commonly used computer operating systemfor the personal computer. A number of different versions of the Windows operatingsystem are found in the workplace with the latest versions, such as Windows XP, Vista,and Windows 7, designed to take advantage of increased computer operating speedsand to better display screen graphics. The original PC operating systems did not provide for the graphic user interface (GUI), which everyone has now come to expect.Exhibit 4.5 shows a command line interface and a graphic user interface.Among the newer computer systems gaining followers is the Linux opperativesystem. It is offered as an alternative to Microsoft operating systems and providedwithout a license or royalty fee with the agreement that any improvements will bemade available without a fee to anyone using the system.Applications SoftwareApplications softwareApplications programs aresoftware that perform generictasks such as word processing.Applications software programs are those that perform specific tasks, such as preparedocuments, sort information, perform computations, and create and present graphicdisplays. These are the software programs used in the management of the law officeand the management of client cases.Word ProcessingWritten communication and document preparation are at the heart of every lawoffice. It may be preparation of letters to clients, other counsel or the court, or contractsand agreements, or pleadings. To achieve written clarity and accuracy frequentlyM04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 135C H A P T E R 4 Technology and the ParalegalExhibit 4.5135A Windows screen showing the command line within a GUI interfaceSource: Microsoft product box shot reprinted with permission from Microsoft Corporation.means writing, rewriting, and correcting the same document, sometimes multipletimes and by a number of different members of the legal team. The ability to easilymake even minor changes in language has a direct impact on the willingness of thosereviewing the document to suggest changes and make them in the final document.Computerized word processing makes this possible. Word processing files are sentelectronically to the appropriate members of the legal team for review. Changes orrevisions are frequently made to the electronic file copy by the reviewer. Where multiple parties may be working on a document, changes made to the original documentby each person on the legal team may be monitored by using built-in features suchas MS Words Track Changes tool. This feature shows the original text, thedeleted text, and the new text by a series of lines that show as a strike through thedeleted text and by margin notes on the document. When the final document is completed it may be sent by email, fax (frequently directly from the computer withoutany intermediate paper), and in some jurisdictions filed electronically with the court.Exhibit 4.6 shows the original word file, the changes inserted and old text with astrike through it, and the final version with the changes still showing in the marginof the document.Today the most commonly used software program in the law office is the wordprocessor. Although many different word processing programs are available, thelegal community most commonly uses either WordPerfect or Microsoft Word.In addition to the usual typing functions, these programs have built-in software toolsthat check spelling and grammar and allow customized formatting using a variety ofTrack Changes Track Changes,as found in MS Word, shows theoriginal text, the deleted text, andthe new text as well as a strikethrough for deleted text,underlining or highlighting of newtext, as well as margin notes onthe document.M04_GOLD0000_00_SE_CH04.QXD13612/4/097:23 PMPage 136PA R T I The Paralegal ProfessionExhibit 4.6 Microsoft Word track changesFigureFigureSource: Microsoft product box shot reprinted with permission from Microsoft Corporation.ETHICAL PERSPECTIVEDocument Comparison SoftwareWhen using Track Changes or similar comparison programs, be sure to remove thehistory of the changes and other information from the document before sending itto the opposing counsel, the client, or the court. The history of changes and otherdocument information is called metadata.The history of the changes may offer the reader insight into the strategy of thecasefor example, showing the final price the client is willing to pay, whichappeared in the original draft and not the first offer that appeared in the finalversion sent to the opposing party. Word Help offers instructions on how to removethis information. WordPerfect X4 allows documents to be saved without themetadata, using a file save optionSave without Metadatamaking it easy toquickly remove private or sensitive data that can be hidden in, but easily extractedfrom, office productivity documents.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 137C H A P T E R 4 Technology and the Paralegaltype sizes and font styles in the same documentfunctions that have not beenpossible with a typewriter. Some offices even use different programs, each with itsown file format.Most word processing programs allow the opening and saving of files in the fileformats of other word processing programs. When a file is saved, a file extension(a period followed by characters) is added to the end of the filename that identifies theprogram or format in which the file has been saved.For example:the file nameNAMEFile extension When a file issaved, a file extension (a periodfollowed by three characters) isadded to the end of the filenameto identify the program or formatin which the file has been saved.the extensionEXTMicrosoft Word 2003Microsoft Word 2007WordPerfectMicrosoft WorksWeb documentsGeneric (rich text file) word processing formatGeneric (text file) word processing formatfilename.docfilename.docxfilename.wpdfilename.wpsfilename.htmfilename.rtffilename.txtThe newer versions of WordPerfect even permit simulation of the MicrosoftWord workspace. Word processor files are saved with the document properties such astype font and type size, and document formatting details. The saved files also includeinstructions to the computer on how to display the document, security features, andhidden information such as the Track Changes information.Spreadsheet ProgramsMany areas of legal practice involve the calculation and presentation of financialinformation. For example, in family law practice, the preparation of family and personal balance sheets and income and expense reports are routinely prepared forsupport and equitable distribution hearings; estate lawyers must submit anaccounting to the court for approval, showing details of how the fiduciary handled the financial affairs of the estate or trust; and litigation firms must preparedocumentation showing the receipts and disbursements of cases, sometime for courtapproval.As shown in Exhibit 4.7, in an estate, the calculation involved may be as simpleas multiplying the number of shares owned by a decedent by the value on the date ofdeath (D of D), then calculating the profit or loss when the stock was sold. Without acomputerized spreadsheet, all of the calculations would have to be done manually,Exhibit 4.7 Excel spreadsheetColumnRowCellSource: Microsoft product box shot reprinted with permission from Microsoft Corporation.137Spreadsheet programsPrograms that permit thecalculation and presentation offinancial information in a gridformat of rows and columns.M04_GOLD0000_00_SE_CH04.QXD13812/4/097:23 PMPage 138PA R T I The Paralegal Professionusing a multicolumn form known as a spreadsheet or accountants working papers. Theinformation then has to be typed in a report format for submission to the court, thebeneficiaries, or the taxing authorities.Using a computerized spreadsheet such as Microsoft Excel or Corel Quattro Pro,the numbers are entered in cells, as identified in Exhibit 4.7, and a formula assigned tothe cell in which the result is to be displayed, such as multiply column c by column d,and the result displayed in column e. The computerized spreadsheet, when laid out inthe format acceptable to the court, can be printed without reentering the data, orcopied into word documents using a simple Cut and Paste operation.The use of computer spreadsheets reduces the errors associated with manualmathematical calculations and errors in retyping the information. Caution must betaken to make sure that the formula is accurate and performs the desired calculation.Even expert spreadsheet users use a set of sample numbers to test the formulas, knowing what the result should be, based on prior use or calculations.Many offices save spreadsheet templates in the same way that sample forms aresaved in word processing. For example, a real estate settlement spreadsheet with formulas and headings may be saved without numbers. Because the formulas do notchange and the form has proven accurate, it may be used as a template for other clientsreal estate settlements.Database ProgramsDatabase program A databaseprogram is an electronic repositoryof information of all types that canbe sorted and presented in ameaningful manner.A database program is a repository of information of all types that can be sorted andpresented in a desired meaningful manner. Some offices use a manual card system tokeep track of the names of clients and opposing parties, these cards are searched to determine possible conflicts of interest in representing new clients. For the small officethis system works. But for the larger office with multiple attorneys and possibly multiple offices, timely entry and searching of large amounts of information is not realistic. Computerized database software, such as Microsoft Access and Corel DB, willfacilitate timely, accurate access to information by every authorized member of thelegal team. For example, information may be stored on the law firms server in an information database that includes the names, addresses, contact information, personaldata such as birthdates of every client, every opposing party, every fact witness and expert witness, and every opposing counsel with whom any member of the firm has everhad contact in litigation, contract negotiations, or counseling session, or met in anybusiness or legal setting. With a few keystrokes, a list can be prepared for manuallychecking for conflicts of interest, or a computer search can be performed with a printout of any matter or litigation where a name appears.In addition to the obvious use in avoiding accepting a client with a potential conflict of interest, the information frequently is used in maintaining client relations.Many firms use the information to send birthday and anniversary greetings and updateson specific changes in the law for which the client has consulted the firm previously.Presentation Graphics ProgramsIt has been said that a picture is worth a thousand words. Presentation graphics software programs, such as WordPerfect Presentation X4 (see Exhibit 4.8) and MicrosoftPowerPoint, are being used to create high-quality slide shows and drawings. Thesegraphic presentations can include text, data charts, and graphic objects.One of the advantages of these programs is their flexibility. They can be used toprepare and present the graphic presentation electronically, using a computer, with orwithout a projector, and to print out paper copies for distribution. Presentation programs typically provide stock templates of graphics, artwork, and layout as a samplethat the user can easily modify. More advanced users can add sound clips to the presentation, include still photos, and incorporate custom graphics from other programs,as well as video clips.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 139C H A P T E R 4 Technology and the ParalegalExhibit 4.8139WordPerfect presentation X4Source: WordPerfect screen shot reprinted with permission of Corel. All rights reserved.Office Software SuitesOffice software suites are sets of commonly used office software programs thatmanage data and database programs; manipulate financial or numeric information,spreadsheet programs; or display images and presentation graphics programs. Someof the tools in the two most common program suites, Microsoft Office and CorelWordPerfect, are:Microsoft OfficeWord processorSpreadsheetDatabasePresentation graphicsGraphicsCorel WordPerfect Office X4WordExcelAccessPowerPointVisioWordPerfectQuattro Pro X4ParadoxPresentation X4Presentation Graphics X4Office software suites Thissoftware consists of commonlyused office software programs thatmanage data and databaseprograms; manipulate financial ornumeric information, spreadsheetprograms; or display images andpresentation graphics programs.The software suites usually are delivered on one CD, enabling all the programs tobe loaded at one time, which simplifies and saves installation time. With common features and appearance, it is easier to switch between programs and copy information between the programs, like copying part of a spreadsheet into a word processing document.Specialty Application ProgramsEvery year, computers become more powerful, operating faster with more operatingand storage memory. Software programs are getting more powerful and capable of performing more complex functions on more data. Whereas older models of computerscan perform only basic word processing and data management, newer, more powerfulcomputers can perform complex functions seamlessly, thereby permitting management of law office functions and management of cases and litigation.Specialty application programs combine many of the basic functions found insoftware suites, word processing, database management, spreadsheets, and graphicpresentations to perform law office case and litigation management. They simplify theoperation with the use of customized input screens and preset report generators.Specialty applicatonprograms Specialty programscombine many of the basicfunctions found in software suites,word processing, databasemanagement, spreadsheets, andgraphic presentations to performlaw office, case, and litigationmanagement.M04_GOLD0000_00_SE_CH04.QXD14012/4/097:23 PMPage 140PA R T I The Paralegal ProfessionWeb ExplorationFor a self-running videodemo of Tabs 3, go tohttp://www.tabs3.com/products/video.html.Web ExplorationInformation on the features ofAbacuslaw may be found athttp://www.abacuslaw.com.Legal specialty software programs fall generally into the following categories:Office managementCase managementLitigation supportTranscript managementTrial presentationOf the office management specialty application programs, the most basic are thetime and billing programs. These provide a standard input screen to record the timespent on a clients case, store the information and, with a request for an invoice for agiven client, automatically sort the data, apply the billing rates, and print out an invoice.Among the popular programs in this group are:Tabs 3 from Software Technology, Inc.Abacuslaw from Abacus Data Systems Inc.ProLaw from Thomson ElitePCLaw from LexisNexisTimeslips from SageWeb ExplorationDetails and additional samplescreen graphics about PCLaw areavailable at http://www.pclaw.com/.Case and litigationmanagement software Caseand litigation managementprograms are used to managedocuments and the facts andissues of cases.Exhibit 4.9 is an example of an application input screen.Early versions of time reporting software are limited to timekeeping. With fastercomputers and greater memory capacity, most of these programs have other featuresintegrated into them, such as accounting functions to track costs and expenses, andpractice management functions such as calendar and contact management.Exhibit 4.10 shows the multiple functions integrated in Abacuslaw Accounting.Case and Litigation Management SoftwarePaper has long been the bane of the litigation attorney. Even simple cases can involvehundreds of pages of documents. Complex litigation may involve millions of documents and hundreds of witnesses and, in the case of class-action litigation, potentiallymillions of clients. Keeping track of all of the documentation and parties is an overwhelming task even with a large staff of assistants and endless rows of organized filecabinets and file boxes.Before the availability of fast computers with inexpensive memory-running caseand litigation management software, most case management work was done manually,usually by a team of paralegals and junior associate attorneys. In two of the most notable casesthe IBM antitrust suit and the Ford Pinto negligence suitteams of lawstudents were hired, some for multiyear positions, to read through and identify thedocuments, manually index them, and look for a document that would make the case,sometimes referred to as the smoking gun document. In the Ford Pinto case, in aserendipitous discovery just such a smoking gun document was found, which detailedthe engineering cost savings and the inherent risk by eliminating a specific part that ledto the fire that engulfed the Pinto when it was struck by another car from the rear.The use of computers for email and document storage by business and governmenthas caused a massive increase in the number of potential documents that may have to bereviewed, tracked, and made available to opposing counsel in a case. Managing cases andlitigation with the massive amount of data has become increasingly difficult. As the number of documents has increased and cases have become more complex, the number ofmembers of the legal team working on a given case also has increased. These factors haveled to greater use of the computer to manage the case files and the litigation process.In pre-computer days, attorneys frequently concentrated on one case, personallyworking on all of the documentation, pleadings, and discovery, and learning every detail of the case in anticipation of trying the case with little backup support except in thelargest cases in the larger firms. The legal-team approach to case management andM04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 141C H A P T E R 4 Technology and the ParalegalExhibit 4.9 Tabs3 time and billing screensSource: Reprinted with permission from Software Technology, Inc.litigation has allowed, in some ways, for specialization within the legal team. Somemembers of the litigation team may specialize in discovery of documents. Others maybe concerned with locating, interviewing, and preparing witnesses. Still others concentrate on investigative matters and legal research.Effective case management, therefore, requires some central repository of the information gathered by each of the team members, as well as the ability of each to access the case information input by others. Computer systems today even permitmembers of the legal team to access the same information from remote locations acrosstown, across the country, and sometimes around the world.A typical case file contains documentation of the:Interview of the clientInterviews of fact and expert witnessesInvestigation reportsExpert reports141M04_GOLD0000_00_SE_CH04.QXD14212/4/097:23 PMPage 142PA R T I The Paralegal ProfessionExhibit 4.10 Abacus Accounting input screensSource: Reprinted with permission from Abacus Data Systems.Research memorandaPleadingsTrial preparation materialThe trial team frequently has to quickly find a document or information on a specific issue from among potentially thousands of pages of documents. With a computer and the proper specialty software program, this is possible. Some of thelitigation and case management specialty software programs found in the law officeare discussed below.CaseMapWeb ExplorationDemonstration versions ofCaseSoft products and Webinartutorials on their use can be foundat http://www.casesoft.com/student.asp.CaseMap from LexisNexis CaseSoft is a case management and analysis softwaretool that acts as a central repository for critical case knowledge. As facts are gathered,parties identified, and documents and research assembled, they may be entered into theprogram, allowing for easy organization and exploration of the facts, the cast of characters, and the issues by any member of the legal team.Typical of integrated software applications, CaseMap allows seamless transfer ofdata to other programs such as TimeMap, a timeline graphic program, and wordprocessor programs. It also allows for creating specialty reports and documents including trial notebook information. Exhibit 4.11 shows the flow of information in atypical case, using CaseMap as a case management tool.12/4/097:23 PMSource: Reprinted with permission of LexisNexus. All rights reserved.Exhibit 4.11 Managing case information using CaseMap case management and analysis softwareM04_GOLD0000_00_SE_CH04.QXDPage 143143M04_GOLD0000_00_SE_CH04.QXD14412/4/097:23 PMPage 144PA R T I The Paralegal ProfessionSummationWeb ExplorationView an online demo ofSummationLG athttp://info.summation.com/demo/modules.htm.The Summation family of products, from CT Summation, Inc. (a Wolters Kluwerbusiness) and similar software applications programs are classified as litigation support systems. As the number of documents increases in a case, the ability to locaterelevant documents in a timely fashion becomes more and more critical. Managingthe documents is critical to successful litigation outcomes. In cases involving potentially millions of documents, it is essential to be able to find the relevant information quickly, sometimes in the middle of the direct or cross-examination of awitness.Summation-type programs allow for easy search and retrieval of all of the evidence, whether documents, testimony, photographs, or electronic files, with a singlecommand. Documents associated with a case are stored on the computer in electronicfolders. These folders may be set up to include transcripts, pleadings, text files (fromOCR or otherwise), casts of characters, and core databases. Some versions of these programs are designed to work on stand-alone systems such as a laptop carried into court.Others permit concurrent use by many users over a network, and some permit remoteaccess over the Internet.ConcordanceWeb ExplorationLearn more about Concordance athttp://www.dataflight.com.LexisNexis Concordance is a litigation support system program that provides document management. Early versions of Concordance were limited to storing and handling 4 gigabytes of data, or approximately 280,000 documents. The newer versionallows the management of 128 times that amount, or more than 35 million documents.Like other document support tools, Concordance has a powerful search engine that allows searches by word, phrase, date, email address, or document type, as well asBoolean, using the fuzzy and wildcard searches.A Boolean search uses connectors between words such as AND, OR, or NOT tonarrow the search. A fuzzy or fuzzy string search is the name for a search that looks forstrings or letters or characters that approximately match some given pattern. A wildcard search allows the use of a wild character such as the symbol * to replace a letterin the search word that allows you to search for plurals or variations of words using awildcard character. It also is a good way to search if you do not know the spelling of aword. For example: Book* finds Booking and Books.Sanction II by Verdict Systems and TrialDirector by inDataWeb ExplorationAn interactive demo ofTrialDirector showing howtrial presentation software canbe used in litigation athttp://www.indatacorp.com/flash/tdstutorial.swf.These multifaceted trial presentation programs offer a comprehensive approach topresenting all types of exhibits in the courtroom, including documents, photographs,graphic images, video presentations, and recorded depositions.Unlike PowerPoint, which requires the creation of individual slides, these programs allow existing documents and files to be presented without any more effort thancopying them into the program data file and making a selection for presentation. Trialpresentation programs, like Sanction, are databases of the documents in either a casefile or on a computer.Electronic Courtroom and Paperless OfficeComputer technology is changing the way that law offices and court systems perform traditional functions. The ease of creating documents, including traditionalletters and contracts and electronic communications in the form of emails, has resulted in a document explosion. At the same time, cases are coming to trial fasterbecause of the demand for quicker justice, which allows less time to prepare andpresent a case in court. The result has been growth in the use of electronic documentation and computerized case management and the use of computers inlitigation.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 145C H A P T E R 4 Technology and the ParalegalThe Electronic CourtroomIncreasingly, judges are embracing the use of electronics and computer-based systemsin the courts. The initial reluctance to allow the newfangled technology is giving wayto acceptance of tools that enhance the speedy administration of justice. One of theearliest uses of technology in the courtroom was the playing of videotaped depositionsof expert witnesses on TV monitors in court.To get experts to testify is difficult when the schedule for their testimony is uncertain because of uncertain trial schedules. Many experts, such as noted surgeons andmedical forensics experts, have active lucrative practices and demand compensationthat can range in the thousands of dollars per hour for time lost waiting to testify. Theaverage litigant can rarely afford this litigation cost. A videotape, or electronic recording, of a deposition can be used in trial as a cost-effective method of presenting expertwitnesses or for witnesses who for reasons of health or distance, could not otherwisebe available to testify personally at a trial.As judicial budgets allow, courtrooms are being outfitted with computers and audiovisual presentation systems. Exhibit 4.12 shows the U.S. Tax Courts electroniccourtroom in Virginia. Computerized courtrooms can be seen frequently on Court TVtelevised trials, in which computer terminals are present at each lawyers table, thejudges bench, for each of the court support personnel, and monitors for the jury.Litigation support software is used in trial to display documentary evidence,graphic presentations, and simulations of accident cases. Relevant portions of documentscan be displayed for everyone to see at the same time without passing paper copies toeveryone, as the witness testifies and identifies the document. Lawyers can rapidly searchdepositions and documents, sometimes in the tens of thousands of pages, on theirlaptop computer to find pertinent material for examination or cross-examination of thewitness.The electronic courtroom also is used in many jurisdictions in criminal cases forpreliminary matters in which the judge is located at a central location, and the defendants at various lock-up facilities with video cameras and monitors recording anddisplaying the parties to each other.Exhibit 4.12 U.S. Tax Courts electronic courtroom145M04_GOLD0000_00_SE_CH04.QXD14612/4/097:23 PMPage 146PA R T I The Paralegal ProfessionThe Paperless OfficePaperless office The paperlessoffice is one in which documentsare created and storedelectronically.To some people, the ideal office is one that has no paper documents, or hardcopy, asthey are sometimes referred to. The office where documents are created and storedelectronically is sometimes referred to as the paperless office, or electronic office.Difficult as it may seem for some who have grown up in the paper world, the paperlessoffice is rapidly approaching reality. In the traditional office, documents are createdelectronically with word processing software, or received by fax or email and thenprinted. In the paperless office, documents are created using computer-based wordprocessor programs such as Microsoft Word or Corel WordPerfect. These electronicfiles then are sent electronically to the attorney for review.The reviewer frequently makes changes or revisions to the electronic file copyand when multiple parties are working on a document; changes made to the originaldocument by each person on the legal team may be monitored by using built-in features such as Track Changes in MS Word. This feature shows the original text, thedeleted text, and the new text by a strike through the deleted text, underlining of newtext, and by margin notes on the document. When the final document is completed, itmay be sent by email, fax (frequently directly from the computer without any intermediate paper) and, in some jurisdictions, filed electronically with the court.Electronic portability requires inexpensive portable computer memory, a computer to store and transport the documents, and small, lightweight computers to display them. Conversion of existing paper documents requires the availability of scannersand software that converts the documents to an acceptable format that cannot be easily changed.The paperless law office indeed is becoming the norm with the advent of modern scanning technology, secured methods for transmission of documents, acceptedprotocols for use of electronic replacements for paper documents, and rules of courtpermitting electronic submission of documents.Portable Document Format (PDF)Web ExplorationAcrobat tutorials "Introductionto PDFs" "Acrobat 101" and"Acrobat 201" may be found atwww.casesoft.com/student.asp.Web ExplorationSamples of PDF files can bedownloaded from the InternalRevenue Service at www.irs.gov.The ability to save documents in a format that cannot be easily changed through useof the computer is one of the basic requirements of a system that allows for electronic documentation. Anyone who has received a word processing document fileknows that they may change it, save it, and present it as an original. Now, documentsmay be saved in a graphic image format or portable document format (PDF), developed by Adobe Systems. The recipient cannot easily or readily change these graphicimages.Although creating documents in PDF format requires specialty software such asAdobe Acrobat, everyone can download a free Adobe Reader to view these documents.With the acceptance of this format has come a willingness to scan and store documents electronically in this format, eliminating or returning to the client the originalpaper copies. Companies such as Adobe Systems frequently provide free, limited versions of their programs, downloadable from their website, that allow the opening andreading of files created using their proprietary software formats, such as Adobes PDFfile format.Many websites that provide programs using these proprietary formats, such asthe Internal Revenue Service forms website, contain links to these programs. Theyare limited in that they allow the user to open and read the files but do not allowchanges or the creation of new document files, which requires the full version of theprogram.ScanningScanning and storing of paper documents has become easier with the developmentof software such as PaperPort by Nuance. This software provides easy-to-use, highspeed scanning and document capture. As a document management software application,M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 147C H A P T E R 4 Technology and the Paralegal147it allows for organizing, finding, and sharing paper and digital documents, which permits the elimination of paper documents.The original scanning hardware was costly and frequently unreliable. Modernscanners provide double-sided (front and back) scanning of documents with a high degree of accuracy at a relatively low cost. Scanning today has become a common featurein office printers and copy machines. Double-sided scanning is found today in multifunction devices featuring printing, scanning, copying, and faxing, at prices under$100. These devices, when coupled with application software such as PaperPort, allowvirtually anyone to create electronic documents.OCRObviously, at times, documents have to be converted from a graphic image to a formatthat allows for editing or other use in an office suite of applications. These software applications have come to be referred to as OCR, or optical character recognition. Products such as OmniPage, by Nuance, provide document-conversion solutions bypermitting any scanned page, PDF file, or other image or document file to be converted quickly and accurately into one of a number of different editable formats including Microsoft Word or Corel WordPerfect.NetworksThe first computers in law offices, as we said, generally consisted of a computer, amonitor, and a printer. In the contemporary law office this is called a workstation.A computer network is a group of workstations connected together. This may beas little as two workstations, or in large law firms, hundreds of workstations andother peripheral devices such as shared printers and fax machines all connectedthrough a network file server. Exhibit 4.13 is a typical computer network system ina law office.A network file server is generally a separate computer that acts as the traffic copof the system, controlling the flow of information between workstations and the fileserver and other peripheral devices and requests to use the resources of the system oraccess data stored on the system.Like the computer that requires an operating system to run, the server requiresnetwork operating software that tells it how to communicate with the connectedworkstations and peripheral devices. These computers and devices are referred to asconnections.Exhibit 4.13 Typical network systemNetwork SystemcopierscannerprinterFile serverWorkstationWorkstationWorkstationWorkstation A computerconnected to a network that isused for access consisting of amonitor, input device, andcomputer.Computer network A set ofworkstations connected together.Network file server A separatecomputer in a network that acts asthe traffic cop of the systemcontrolling the flow of data.M04_GOLD0000_00_SE_CH04.QXD14812/4/097:23 PMPage 148PA R T I The Paralegal ProfessionNetwork Rights and PrivilegesNetwork rights andprivileges Rights or privilegesdetermine who has access to theserver, the data stored on theserver, and the flow of informationbetween connections.Network administrator Thenetwork administrator usually isthe person with the highest-levelaccess to the network file server.Network software programs have security protocols that limit access to the file server,peripherals such as printers, or other workstations. These rights to access the serverand the other devices are sometimes called network rights and privileges. Therights or privileges determine who has access to the server, the data stored on theserver, and the flow of information between connections.Network AdministratorGenerally the person with the highest level access is called the network administrator.Law offices that use network servers generally use these servers as the central repository for all electronic files. Although an individual workstation can store documents ordata on the workstation, it is usually stored centrally. This offers a level of protectionby limiting access to those who have the proper authorization, most often requiring apassword for access. It also makes backing up data easier.The ability to limit access to files on a file server is one method to ensure confidentiality in a large office. File access can be limited by password-protecting files andgranting password access only to those with a need to access and work on those specific files. Because each file or set of files, called folders, can be password-protected separately, ethical walls can be established by restricting access to just those on the legalteam who are working on a case.Advice from the FieldTECHNOLOGY IS A TOOL, NOT A CASE STRATEGYIN THE COURTROOMMichael E. CoboThe latest legal technology products such as animations and courtroom presentation systems can be veryalluring to lawyers. After learning about these products, you may be anxious to use them. But you shouldkeep in mind that technology products are only toolsto implement a solution and are not solutions in themselves. The key issue is: What is your case strategy andwhat do you need to present?An expensive, ill-planned use of technology may result in losses at trial. These losses, or even an uncomfortable implementation of a technology product, mayultimately cause some to feel the experiment was unsuccessful and abandon future use of courtroom technology.On the other hand, such potentially devastatingresults can be avoided by carefully planning a casestrategy with the same care as you would plan a general trial strategy. The pitfalls will be avoided and youwill present a more effective case to the trier of fact.The trial team must remember that it is the message, not the medium, that wins at trial. Take this opportunity to vary the presentation media and developsome exhibit boards or utilize an overhead. Certain exhibits are displayed best as foamcore boards. Timelinesor chronologies generally lend themselves to a board,as do other exhibits that need to be larger and holdmore visual or textual information. Strategically, someexhibits need to be used in conjunction with others orneed to be in the view of the jury more often than not.ASSESS YOURSELFBefore you spend a dime to develop the visual strategy, create a presentation or invest in any technology, make a critical self-assessment. Will you becomfortable with the strategy and the technologicaltools that will be developed for the trial? The most effective visual communication strategy will never beeffective if it is never implemented or is deliveredwithout conviction because you are not comfortableusing the tools.The effective use of technology involves(1) creating an inventory of the visual requirements,(2) selecting the proper technologies, medium andtools, and (3) being prepared to properly use theproducts to implement your case strategy.Copyright DecisionQuest 1994, 2006. Michael E. Cobo is a founding memberof DecisionQuest, the nations leading trial consulting firm. The principals ofDecisionQuest have been retained on over 12,500 high-stakes, high-risklitigation cases spanning a wide range of industries. Discover more atwww.decisionquest.com.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 149C H A P T E R 4 Technology and the Paralegal149Backing Up DataWith everything on one file server, the backup of data can be automated to makecopies of everyones files and not just the files on workstations of those who rememberto back up their computer. Backing up data regularly is an essential function to preventloss of critical files and office data in the event of a disaster such as a flood, fire, earthquake, or tornado.Good backup policy is to back up the file server daily and store the duplicate copyin a safe location away from the server location, such as a fireproof safe or a bank safedeposit box. Imagine trying to reconstruct files, court-filed documents, and other essential information after a devastating hurricane and resultant flood that destroys a lawfirms and courthouse paper records, as occurred in New Orleans in 2005 as a result ofHurricane Katrina!Backup of data Making a copyof critical files and programs incase of a loss of the originalcomputer files.Wide Area and Wireless NetworksWide area network A wide areaTime can be saved by electronically sharing information instead of by personal delivery or by having a courier deliver paper copies of documents, whether on a differentfloor, building, or city. Many firmssome as small as two peoplemaintain multipleoffice sites, such as a center-city and a suburban office location, or a main office and asatellite office across from the courthouse. Each of these offices may have a separatecomputer network.With high-speed communications lines, these separate networks may be connected to form a network of networks. Access to a workstation on one of the networks allows access to the other networks in the system and the peripherals attachedto the network, including network printers. This allows a person in one office to printdocuments on a printer in another office. Files may be shared among all the membersof the legal team regardless of the office in which they are physically located.network is a network of networks.Each network is treated as if itwere a connection on the network.Wireless network A wirelessnetwork uses wireless technologyinstead of wires for connecting tothe network.The InternetIn its most basic form, the Internet or the World Wide Web may be thought of asnothing more than a group of computers linked together with the added ability tosearch all the connections for information. If you work in an office in which all of thecomputers are networked together, you have a small version of the Internet. Each persons computer is connected to other peoples computers, generally with a main computer on which resides the frequently shared data files and the software (networkoperating system) that controls the connections and how the requests from each computer are handled and directed. This main control computer usually is referred to asthe file server (see Exhibit 4.14).Exhibit 4.14 Network systemFile serverWorkstationInternet The Internet or theWorld Wide Web is a group ofcomputers linked together withthe added ability to search all theconnections for information.M04_GOLD0000_00_SE_CH04.QXD15012/4/097:23 PMPage 150PA R T I The Paralegal ProfessionLocal area network (LAN)A network of computers at onelocation.Internet service provider(ISP) The company providing theconnection between the user andthe Internet.Modem A device to translateelectrical signals to allowcomputers to communicate witheach other.The local area, or office, network (LAN) search tool is usually a program suchas Microsoft Windows Explorernot to be confused with the Internet browser Internet Explorerwhich permits files to be found on the local computer or the other computers with shared access, by location or other characteristics. Exhibit 4.15 shows theExplorer screen, and Exhibit 4.16 shows search companion. Internet serviceproviders (ISPs) provide local or toll-free access numbers that most people use toconnect to their service. Larger offices and companies may have a direct connection(hardwired, or by dedicated telephone line) that eliminates the need to dial up the ISP.A device called a modem is used to translate the electrical signals for transmission overthese connections so the computers can talk to each other. The modem converts(modulates) the information from the keyboard and computer into a form that can betransferred electronically over telephone lines, cable connections, and radio waves.At the receiving end of the signal is another modem that reconverts (demodulates) the signal into a form usable by the computer. Depending on the modem and theISP service, speeds of transmission vary widely. The slower the connection providedby the modem and the service, the longer it takes to transmit and receive information.As with most services, the higher the speed, the higher is the cost. It is easy to see thata multipage document will take longer to transmit or receive than a single-page document. The reasonableness of the cost of a high-speed connection depends upon thevolume of pages regularly sent or received.Perhaps less obvious is the size of the files and those that are in graphic format.Most government forms are available in a graphic form rather than a text form. A singleone-page form in graphic format may be the equivalent of a 10-page text document.Again depending upon the frequency of downloads of forms, it might be advisable toupgrade to a high-speed line.Online Computer ResourcesThe number of online or Internet resources increases daily. Finding the desired information is easy when you know the specific source and piece of information. In thesecases, you can enter the computer address of the specific page or document and obtainExhibit 4.15 Explorer screenSource: Microsoft product box shot reprinted with permission from Microsoft Corporation.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 151C H A P T E R 4 Technology and the Paralegal151Exhibit 4.16 Search companionSource: Microsoft product box shot reprinted withpermission from Microsoft Corporation.your result almost instantly. More frequently, you will have to locate information abouta specific item without knowing where to find it.Internet BrowsersThe solution is found in Internet (Web) browsers such as AOL and Internet Explorer. These browsers provide a search feature, usually referred to as a search engine,that allows a search of available Web resources. These searches require only inputtinginto the search engine a word or phrase to obtain a listing of potentially relevant information. Also useful are specialized search engines such as Google and Yahoo!, whichuse highly developed algorithms to search for relevant information and return a listingin order of relevancy with amazing accuracy.An Internet or Web browser is a software program that allows a person to use acomputer to access the Internet. Unless you have a direct connection to a computerdatabase, you will be working with a software program known as a Web browser. Thetwo most popular Web browsers are Microsoft Internet Explorer and AOL, both ofwhich provide content. These browsers typically are used with Internet serviceproviders that do not themselves provide any content but, rather, act as an intermediary between the user and the World Wide Web. Some services, such as AmericaOnLine (AOL) and MSN, provide content, such as news and weather and specialtysections for sharing information, along with providing the traditional Internet connections and email.All of the browsers basically provide two main screensone to display email (seeExhibit 4.17) and to display content and Internet search results (see Exhibit 4.18.)Internet (Web) browsers AnInternet or Web browser is asoftware program that allows aperson to use a computer to accessthe Internet. The two most popularWeb browsers are MicrosoftInternet Explorer and AOL.Web ExplorationObtain a copy of thecurrent AOL browser atwww.daol.aol.com/software.M04_GOLD0000_00_SE_CH04.QXD15212/5/094:44 AMPage 152PA R T I The Paralegal ProfessionExhibit 4.17 Email displayExhibit 4.18 AOL Internet browserSource: Reprinted with permission of AOL. All rights reserved.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 153C H A P T E R 4 Technology and the Paralegal153Search EnginesAn Internet search engine is a program designed to take a word or set of words andsearch websites on the Internet. Of the available Internet search engines, each searchesin a different fashion. The same search request may generate totally different resultson different search engines. The number of search engines is expanding constantly.Some search engines are more suitable than others for legal searches. Many search engines are designed for use by children and families, so they may not return the resultsneeded in the professional areas.It is useful to create a search query and run the query through a number of different search engines, then compare the results. For example, you may wish to searchthe topic regulation of paralegals. Each of the search engines shown below may beaccessed by entering its URL (uniform resource locator) in your Web browser:AltaVistaAsk.comDogpileExciteGoogleMetaCrawlerYahoo!www.altavista.comwww.ask.comwww.dogpile.comwww.excite.comwww.google.comwww.metacrawler.comwww.yahoo.comSome of the information is shown on the screen and will not require any moresearching. The datasuch as a phone number, address, or other limited informationwill appear and may be copied manually or printed out to capture the displayed page.Other information may be in the form of large text or graphic files. These may be manypages long or involve use of graphic display programs such as the popular Adobe.Typical of the graphic images are the tax forms available from the Internal Revenue Service.A word of caution: Addresses of websites tend to change frequently. It is a goodidea to keep a list of frequently used websites handy and update it regularly.Internet search engine AnInternet search engine is a programdesigned to take a word or set ofwords and locate websites on theInternet.Uniform resource locator(URL) The address of a site onthe Internet.Web ExplorationInternal Revenue Service: Obtaincopies of tax forms atwww.irs.gov.Addresses and LocationsObviously, finding something requires knowing where it resides. We find people bylooking for their home or business address or by their telephone number. The modernequivalent of a telephone number is the computer address and location. Web pagesalso have addresses, known as uniform resource locators, or URLs.The URL is made up of three parts:Protocol://Computer/PathThe protocol is usually http (hypertext transfer protocol). The computer is the Internet computer name, such as www.bucks.edu. And the path is the directory or subdirectory on the computer where the information can be found.The URL may be thought of as a file cabinet, in which the protocol is the nameof the file cabinet, the computer is the drawer in the file cabinet, and the path is the filefolder in the drawer. Not all URLs have a path as part of the address.Part of the naming protocol is a domain nomenclature, with extensions such asthe edu in www.bucks.edu. Common extensions are:.org.edu.com.gov.bus.milorganizationseducational institutionscommercial operationsgovernment agenciesbusinessmilitaryIn addition, there are extensions such as.jp.fr.ukJapanFranceUnited KingdomComputer address andlocation The modern equivalentof a person's telephone number isthe email address. Pages on theInternet also have addressesknown as the Uniform ResourceLocator (URL), made up of threeparts: protocol, computer,and path.Protocol In a URL the requiredformat of the Web address.M04_GOLD0000_00_SE_CH04.QXD15412/4/097:23 PMPage 154PA R T I The Paralegal ProfessionThese designations refer to the country where the computer is located.Many people save information on websites for future use, which may be in hardcopy, on cards, or in a database. The Website Profile Checklist below provides suggested headings.CHECKLIST Website ProfileAddress (URL):Name of organization or site:Key subject:Secondary subject:Cost:Comments:In determining the authenticity of information found on the Internet, knowing ifthe computer is a commercial site (.com or .bus) or a government site (.gov) is sometimes useful. Some websites may appear to be official government websites or may appear to contain official information but actually are private sites.For example, the official URL for the Internal Revenue Service is www.irs.gov.This is not to be confused with the unofficial private website www.irs.com. To obtainthe official Internal Revenue Service forms and information, you must use the officialsite, www.irs.gov.Potentially, one of the biggest time-savers for the paralegal is the ready availability of information, forms, and files on the Internet or World Wide Web. Public information that would have required a trip to the courthouse or other government officeis instantly available without leaving the office. This information may come frompublic or private sources. Government information typically is available without costor at minimum cost. Private information may be free to all, or at a cost per use, perpage, or per time period (such as a month).Legal ResearchWeb ExplorationCheck the free resources of theCornell Law School website athttp://www.law.cornell.edu/.A major use of the Internet in the law office is to perform research, both factual andlegal. Using powerful search engines such as Google, Yahoo!, and Ask can help theparalegal locate almost any information that is available on the Internet. More andmore legal research is being conducted on the Internet as law offices reduce the size ofpaper-based law libraries in favor of online resources. A number of companies provideaccess to case law, statutory material, and other secondary legal sources for a fee.Among the most widely used of these are Westlaw, LexisNexis, Loislaw, and VersusLaw. Although some websites offer information without charge, most do not have thedepth of available resources that the for-fee sites offer. The Cornell University Lawschool site is among the most popular of the no-fee sites.Formats of Available InformationMost of the items that are displayed can be printed to a printer attached to a computer.At the top of most Web browsers is a printer icon or a Print command in the FILE iconat the top of the page. Clicking on the icon or word PRINT in the FILE pull-downmenu will initiate the print process. Patience may be necessary, as the computer mayhave to take some time to access the original source of the information. Clicking several times will not speed up the process and actually may result in several copies of thesame information being printed.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 155C H A P T E R 4 Technology and the Paralegal155File AttachmentsA popular method for transmitting text files and graphic images is by attachment ofthe file to an email. This is much easier than it sounds. Today, almost everyone has anemail address, whether at home or at work, or both. To send or receive emails requiresthe use of an Internet service provider and a browser such as Internet Explorer,Netscape, or one of the other specialty email programs. In the traditional email, text isentered on the keyboard and transmitted to the email account of a recipient, who readsit online. Virtually any file can be attached (linked) and sent with an email. The receiverneeds only to click the mouse on the attachment, which may appear as an icon. In mostcases, the file will open using the same program from which it was created, such asMicrosoft Word, Corel WordPerfect, or Adobe Acrobat. Occasionally a file may betransmitted in a format that the receiver does not have the software to open. This isparticularly true with regard to graphic images, pictures, and drawings.File attachment The attachmentis a popular method fortransmitting text files, andoccasionally graphic images, byattaching the file to an email.Receiving and Downloading Files and AttachmentsThe method for downloading files and attachments is the same. Users first should determine the directory (folder) into which they will be downloading these files. In Windows this usually is a folder called My Download Files or My Files. If there is noexisting folder, Windows Explorer can be used to create a file with a name such asDownload. Windows Explorer is a program in the Start directory under Programs.(This is not the same as Windows Internet Explorer, which is an Internet browser.)CHECKLIST To Retrieve and Download a FormSelect a file format.Select the file(s) you wish to receive.To select multiple items, hold the Controlbutton down while selecting.Click the Review Selected Files button. AResults page will be displayed with links tothe file(s) you requested.Select the file title to retrieve.Most of the files attached as part of email will be document files created and savedas either Microsoft Word documents or WordPerfect documents. The user may want tosave these files directly into the Word or WordPerfect directory. Saving them in thecomputer download is one option, as is opening the file on the screen immediatelyinstead of saving it for later use. Alternative file formats may be offered, such as MS Wordor WordPerfect or PDF, so be sure you have the appropriate program on your computerthat can open and view the file.Normally, text files and graphic images are static files; that is, by themselves theydo not perform any function but are merely data-usable within another program suchas a word processor or graphic image viewer. It has become common, however, to send,as attachments, files that have within them miniprograms such as macros that performfunctions when activated, such as those used to calculate sums in spreadsheets. Othersare self-contained software programs such as screensavers containing animation andanimated cartoons.Some program files have an extension of either .exe or .com. Files with theseextensions may run automatically after downloading. Therefore, greater caution mustbe taken in downloading any file, particularly files with these or other unknown file extensions, which may contain macros (mini files), such as Excel files, which may containformulas that run automatically and may contain computer viruses, as discussed below.Remember that it is not enough to rely on the sender being a reliable source, as eventhe most reliable source can have a security breach that allows a virus to be attached toa file, or the source may be forwarding files from other, less reliable sources withoutchecking the files before sending them to you.M04_GOLD0000_00_SE_CH04.QXD15612/4/097:23 PMPage 156PA R T I The Paralegal ProfessionETHICAL PERSPECTIVEArizona Law Firm Domain NamesOpinion No. 2001-05 (March 2001) Summary.A law firm domain name does not have to be identical to the firm's actual name, butit must comply with the Rules of Professional Conduct, including refraining frombeing false or misleading. And it may not imply any special competence or uniqueaffiliation unless this is factually true. A for-profit law firm domain name should notuse the domain suffix ".org" nor should it use a domain name that implies that thelaw firm is affiliated with a given nonprofit organization or governmental entity.[ERs 7.1, 7.4, 7.5]Sending FilesSome Internet Service Providers (ISPs) limit the amount of information that may besent at one time, depending on the speed of the connection and how busy the systemis at different times of the day. This may limit the number of pages that may be sent atone time. With increased transmission speed, also referred to as bandwidth, comes theability to transmit much larger files and more pages in the same time.Increasingly, large-size graphics files and images such as photographs are sent orattached to emails. The larger files being transmitted require more bandwidth (thepipeline) to avoid slowing down the system. Bandwidth may be thought of as theamount of data that can be sent in a given timeframe. For example:Telephone dial-up serviceDigital Subscriber Line (DSL)Fiber Optic Service (FIOS)2456 kilobits (amount of data) per second (kps)up to 750 kpsup to 15 megabitsAs with any pipeline, only a limited amount of product can be transmitted at anyone time. To more equitably share the limited pipeline resource, ISPs and network operators permanentlyor temporarily during peak usage timeslimit the number offiles or the size of files that one user may transmit. In some offices, the same limitationsmay be imposed to overcome the size limitation; files may be transmitted in a compressed format, frequently referred to as zip files. Large files are run through a programthat compresses them before being sent. The recipient of the compressed file then mustuncompress the file before being able to read it.A number of programs are available to compress and decompress files. Some of theserequire several steps, and other programs perform the task automatically. For occasionaluse, the manual method is acceptable, but with the increasing number of compressed files,it may be more time-efficient to purchase one of the automatic programs. Limited timetrial versions of some of these decompression programs may be downloaded withoutcharge over the Internet from software companies who are encouraging users to buy thefull version after the trial period expires.ETHICAL PERSPECTIVEOhio Rule on CommercialLaw-Related WebsitesOhio lawyers may not participate in a commercial law-related website that providesthem with clients if the arrangement entails prohibited payment for referrals or ifthe business is engaged in the unauthorized practice of law. (Ohio Supreme CourtBoard of Commissioners on Grievances and Discipline opinion 20012)M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 157C H A P T E R 4 Technology and the Paralegal157Electronic FilingA number of courts have established procedures for the electronic filing of pleadings. Each court is free to set up its own rules and procedures and must be consultedbefore attempting to use this service. The Internal Revenue Service and some stateshave combined in a joint effort to allow electronic filing of both the federal and stateindividual income tax returns in one step. The local or state tax authority retrievesthe information from the Internal Revenue Service. A feature of this service, knownas IRS e-file, is the return receipt when the federal and state governments receivethe form.Types of Image FormatsWith increasing frequency, the Internet is being used to obtain needed forms. These maybe government agency forms, tax forms, or court forms. Even the best-equipped officewill require one form or another that is not in the office supply room for completing acase. This may be an unusual federal tax form or a form from your state or another state.The most popular format for the federal government forms is PDF form, andmany state agencies also use the PDF format for document delivery. Other optionsmay be presented for selection.Computer and Network SecuritySecurity has become a critical issue as law offices, courts, and clients become more dependent upon the use of the computer and the Internet. With only a single computer, thesecurity concern is limited to introducing a program that does not work properly. Withcomputer networks, the potential is introduced to adversely impact every workstation onthe network and the network file server itself. On a network, any workstation is a potential input source of problems in the form of software programs that could corrupt the system or the files stored on the system. Though not common, there are instances ofemployees introducing annoying or potentially harmful programs as a method of gettingeven with an employer. Part of the solution to these kinds of issues is to limit access to thenetwork, including limiting the ability to access the file server from workstations and limiting the ability or right to make changes to operating systems and limit other activity tosaving of documents.Use of the Internet from workstations has introduced the security concern aboutunauthorized parties gaining access to the computer networkreferred to informallyas hacking. In some instances, the unauthorized party wants to gain access to information in files stored on the network. In other cases, it is to undermine the integrityof the system by causing files and programs to be modified or to introduce computerviruses that can cause minor inconvenience or even destroy entire systems by deletingfiles, programs, and operating systems.Hacking Unauthorized access toa computer or computer network.FirewallsA firewall is a program designed to limit access to a computer or to a computernetwork system. Depending upon the complexity of the program, it may restrict totalaccess without proper validation in the form of passwords, or limit all access to the systemfor certain kinds of programs or sources not deemed to be acceptable to the networkor system administrator. For example, many parents use a form of a firewall designedto limit childrens access to certain kinds of programs and certain sites on the Internetthat are deemed to be unacceptable.A firewall can be a two-edged sword for the paralegal: It prevents unauthorizedaccess to the network, and it may prevent the paralegal working at an offsite locationsuch as a courthouse, clients office, or opposing counsels offices from accessing fileson the firms computer or other Internet connection. It is important to check a connection to be sure it will allow data to be accessed from a remote location and sent asFirewalls Programs designed tolimit access to authorized usersand applications.M04_GOLD0000_00_SE_CH04.QXD15812/4/097:23 PMPage 158PA R T I The Paralegal Professionplanned before it is needed for trial, depositions, or presentation. With enough time,any issue may be resolved with the local system administrator.Encryption TechnologyEncryption Encryption istechnology that allows computerusers to put a "lock" aroundinformation to prevent discoveryby others.Encryption technology permits a computer user to basically put a lock around its computer information to protect it from being discovered by others. Encryption technology is like a lock on a house. Without the lock in place, unwanted persons can easilyenter the house and steal its contents; with the lock in place, it is more difficult to enter and take the houses contents. Encryption software serves a similar function in thatit lets computer users scramble information so only those who have the encryptioncode can enter the database and discover the information.EncryptionConfidential or privileged information sent over the Internet is frequently encrypted bythe sender and unencrypted by the receiver because of the concerns that it will be intercepted when transmitted over the Internet. Encryption programs use algorithms (mathematical formulas) to scramble documents. Without the proper password or encryptionkey, unauthorized persons are not able to read the files and determine their content.To understand the levels of protection offered by the different encryption programs,think of the protection offered by a combination lock. The least security is provided by atwo-number combination lock frequently found with inexpensive luggage. As the numbers required for opening the lock increase to two, three, four or more numbers, the security also increases. It is not hard to see how the two-digit combination lock can bequickly opened while the four-digit lock requires more time and effort. For an amateurcomputer hacker with a simple encryption-breaking program, a basic encryption programmight be thought to be the equivalent of a two- or three-number combination lock. Thehigher-level program with tougher algorithms designed to thwart a professional codebreaker would require the four or more number combinations. As computers becomefaster, more sophisticated methods will be required.ETHICAL PERSPECTIVEInterception of ElectronicCommunicationsInterception or monitoring of email communications for purposes other thanassuring quality of service or maintenance is illegal under the ElectronicCommunications Privacy Act of 1986, as amended in 1994. [18 U.S.C. B2511(2)(a)(i)]Computer VirusesComputer viruses Viruses areprograms that attack and destroycomputer programs, internalcomputer operating systems, andoccasionally the hard disk drives ofcomputers.Unfortunately, some computer-knowledgeable people take sadistic pleasure in developing and disseminating programs that attack and destroy computer programs, internal computer-operating systems, and occasionally even the hard disk drives ofcomputers. These programs are known as computer viruses. Viruses range fromthose that create minor inconvenience to those that can destroy data and cause computer shutdowns.Some simple precautions can prevent disaster. A virus-protection program, suchas those sold by Norton, McAfee, and others, is as important to have on your computeras the computer operating system itself. This should be the first program loaded on anew computer.M04_GOLD0000_00_SE_CH04.QXD12/4/099:56 PMPage 159C H A P T E R 4 Technology and the Paralegal159Anti-virus programs scan the computer to identify the presence of viruses, andthe better programs eliminate the virus. Every disk should be scanned with a virus program before being used. Files that are downloaded from other computers or over theInternet also should be checked. As good as these programs are, they quickly go out ofdate as new viruses are created and unleashed. Therefore, these virus checking programs should be updated regularly.Future Trends in Law Office TechnologyThe pressure is on law offices to be more productive. The increased cost of operatinglaw offices is a major factor in law office managers looking for new ways to use technology to increase productivity. Clients and the courts are not willing to approve feesand costs where more cost-effective methods are available. The demand for speedy justice in the courts has resulted in less time to prepare and present cases, requiring thelegal team to use technology to become faster and more productive with less time inwhich to do it. Advances in computer technology are providing solutions to the productivity and cost issues.Looking ahead to whats on the technological horizon is imperative to the smoothand profitable functioning of the law office. Anticipating change and incorporating it requires IT knowledge and savvy, whether it comes in the form of in-house staff or externaltechnology consultants. Corporate law firms might have a chief information officer orchief technology officer whose role includes anticipating change and planning for it inconcrete as well as visionary ways. Those responsible for IT at smaller firms, as well, havethe responsibility to be well-informed of technology trends in order to assess when a newtool should be added to their technology repertoireand when it should be avoided.The legal team is an increasingly mobile workforce. Working out of the office isa fact of life for trial attorneys and their support staff. The litigation team may spendmuch of their time in courthouses and outside the office taking depositions as close asacross the street or across the country and around the globe. Increasingly, the supportstaff is also located or working outside the traditional law office.In some cases it is because of outsourcing of activity to other firms or companiesin remote locations, such as the legal support firms in India. It is also lawyers, paralegals, and litigation support members of the legal team who, for various reasons, workfrom home. With advances in technology it is possible to connect with the traditionaloffice and access all the needed files and electronic resources on a computer at home;these workers are sometimes referred to as teleworkers. The following sectionsdescribe emerging technology that is available now and in use at some law firms andtechnology that is available but not fully deployed. The list is not exhaustive but ratherilluminative of what businesses might expect in the near and distant future. How soonis a matter of conjecture, but we know from recent technology trends that it will besooner than we could have expected even a few years ago.As Raymond Kurzweil writes in his essay, The Law of Accelerating Returns(2001), An analysis of the history of technology shows that technological change is exponential, contrary to the common-sense intuitive linear view. So we wont experience100 years of progress in the 21st centuryit will be more like 20,000 years of progress(at todays rate). The returns, such as chip speed and cost-effectiveness, also increaseexponentially. Theres even exponential growth in the rate of exponential growth.Teleworker People who workfrom remote locations, typicallyhome.VideoconferencingVideoconferencing is the use generally of the Internet, or in some cases telephonelines or special satellite systems, to transmit and receive video and audio signals in realtime to allow parties to see and hear each other. It is defined in the Wisconsin courtrules (subchapter III of Wis. Stat. chapter 885) as; Videoconferencing, as defined in section 885.52(3) of the new rule, means an interactive technology that sends video, voice,and data signals over a transmission circuit so that two or more individuals or groupsVideoconferencing Conferencingfrom multiple locations using highspeed Internet connections totransmit sound and images.M04_GOLD0000_00_SE_CH04.QXD16012/4/099:56 PMPage 160PA R T I The Paralegal Professioncan communicate with each other simultaneously using video monitors. It is a live,real-time, interactive form of communication and does not include the presentation ofprerecorded video testimony pursuant to subchapter II of Wis. Stat. chapter 885. Thedefinition is intended to encompass emerging technologies such as Web-based solutions, as they appear, so long as the functional requirements of the definition are met.The Wisconsin Supreme Court adopted a rule effective July 1, 2008, entitled Useof Videoconferencing in the Circuit Courts, one of the most advanced rules on the useof this technology in the country. Videoconferencing has been used in many courts forcriminal proceedings at various stages of the process, usually at the beginning of theprocess. The Wisconsin rule advances the use to all aspects of criminal and civil litigation.Many law firms and their clients use videoconferencing on a regular basis as amethod of face-to-face communication when parties are at remote sites. With Wisconsinleading the way it can be expected to be an important new tool in the litigation practice.VoIPVoIP Voice over internet protocolis a computer internet replacementfor traditional telephoneconnections.Voice over Internet Protocol (VoIP) is a protocol for using the Internet as a methodof communication instead of traditional telephone company services. A computer witha microphone and headset or speaker is used to complete a call to another computer ortelephone over the Internet. It may be a voice connection or voice and image.Software is installed on the computer that facilitates the desired activity. Anexample of a popular service for VoIP is Yahoo Messenger, which has provisions for traditional telephone calling and short message service to cell phone and other portabledevices. The initial limitation of VoIP was the inability to call a traditional phone orreceive a call. Services like Yahoo Messenger provide options that permit calling traditional phones at a very nominal rate, sometimes as low as one cent per minute.The relative ease of use of these services and the low cost make conferencing, including videoconferencing, a reality. The days of going to a special location and payingsubstantial fees to conduct a videoconference are gone. Anyone with an Internet connection, a laptop with built-in microphone and speakers, and an inexpensive video camera can set up a videoconference from almost anywhere there is an Internet connection.Voice RecognitionVoice recognition Computerprograms for converting speechinto text or commands without theuse of other in/out devices such askeyboards.Voice recognition software has been around for a number of years. Many will remember trying out an earlier version of a speech recognition program as a possible alternative to typing. More computer technology has brought this software to the pointof accuracy approaching, and in some cases exceeding, the accuracy of typing.Speech-enabled devices include cell phones, personal digital assistants (PDAs),and other handheld devices. It is now possible with programs like Dragon NaturallySpeaking Legal Version to dictate working drafts of legal documents directly into almost any program, including word processors, spreadsheets, and databases, withouttouching a computer keyboard, and send the document to another member of the legalteam electronically over a network or by email, as shown in Exhibit 4.19. So advancedhave the systems become, portable dictation devices can be used out of the office andthen connected to the office computer, on which the speech recognition program hasbeen installed, and the documents transcribed without the intervention of a typist. Atup to 160 words a minute for speech input, for the average typist on the legal team thesavings are significant. The underlying technology that enables voice technology toperform is now being used in automated response systems, like automatic call attendants that replace operators and receptionists in some firms. It is also a technology thatpermits those with physical disabilities that prevent using a keyboard, such as carpaltunnel syndrome, to remain or become productive in a world of word processors.Miniaturization and PortabilityThe trend in computers and related computer devices has been toward miniaturizationand portability. Smaller devices are becoming more powerful than some of the olderM04_GOLD0000_00_SE_CH04.QXD12/4/0910:18 PMPage 161C H A P T E R 4 Technology and the ParalegalExhibit 4.19 Dictation using theBoom noise reduction microphone with DragonNaturallySpeaking legal softwaretheBoom is a registered trademark of UmeVoice Inc. Dragon NaturallySpeaking is a registered trademark of Nuance Communications.desktop systems and laptops. Even the telephone has been reduced to a pocket-sizedwireless communication device that is also capable of taking and displaying photoimages, video, documents, and emails and accessing the Internetmany functions thatformerly were reserved to large hardwired computer devices.The Apple iPhone is an example of a device that can perform many functions formerly requiring a computer. Laptops have been reduced in size, with some weighingless than three pounds. They include all of the features previously mentioned togetherwith built-in Web camera for videoconferencing and have built-in and removablememory greater than many file servers in some small offices.Wireless TechnologyHardware in many offices today includes the wireless telephone and the laptop computer with built-in wireless Internet capability. The worldwide availability of inexpensive high-speed Internet connections has expanded the availability and use of newtechnologies. These tools allow constant communication and enable work to be performed virtually anywherehome, courthouse, airport lounge, or coffee shop. Theconnection to the office may be by wireless network using the cell phone, or by a wireless connection with built-in wireless network hardware on the computer, or using anadapter card plugged into the computer that uses a wireless Internet connection.Unlike a few years ago, wires are not necessary to access networks or to set upnetwork connections. Today they may be set up using wireless technology in a wirelessnetwork. Just as the cell phone has enabled communications without wires, so has wireless technology allowed networks to be set up where workstations, servers, and peripherals connect over a wireless connection. Remote access is also possible by the useof wireless Internet connection using laptops and other personal computing devices including cell phones with built-in Web or Internet access.Remote AccessRemote access allows members of the legal team working on cases out of the office toconnect with the office file server to retrieve documents, work on them, and send them161M04_GOLD0000_00_SE_CH04.QXD16212/4/099:56 PMPage 162PA R T I The Paralegal Professionto other members of the team anywhere in the world. If hardcopy is needed, documentsmay be printed on any printer accessible over the Internet, including printers in remoteoffice locations, public access points in airports, clients offices, and courthouses.Remote CollaborationRemote collaboration Workingon a common document utilizingremote access by two or moreparties.Remote collaboration means that members of the team can work collaborativelyfrom multiple locations as if in the same physical location. This is possible throughsoftware conferencing programs that allow the sharing of files while communicatingand seeing each other on the same screen using small desktop cameras or cameras builtinto laptop computers. The same remote access technology allows for the taking ofwitness statements from remote locations while the parties can see each other or viewexhibits on the computer screen.With higher-speed Internet connections the reality of true real-time videoconferencinghas become a reality. Formerly, limited-speed connections restricted how much informationcould be transmitted. In the simplest form, slower speed increased the time to send a document. If not fast enough it prevented full-motion, full-screen video. With the introduction offiber optic and cable Internet services in offices and in homes, videoconferencing from multiple locations, which requires a high-speed Internet connection to simultaneously transmitboth the sound and the images, is now available on-site at many offices.Wireless Computer NetworksWireless computernetworks A wireless networkuses wireless technology in placeof wires for connecting to thenetwork.Hot spot A wireless access point,generally in a public area.Wireless computer networks are like cell phone networks in that both use radiowaves to transmit signals to a receiver. Cell phone systems use cell towers located atstrategic points all over the world to receive the signals from the cell phone subscriberscellular device. The wireless network uses wireless access points, which are essentiallyreceivers of radio signals that convert them so they can be transmitted over a connecting wire to a computer or other connection to the Internet.Unlike cell phone towers, these access points are more limited. With the exception of a few cities that have access points over a large portion of the city these accesspoints are local, often with a range limited to a few hundred feet. Many of these accesspoints are provided in coffee shops, airport lounges, hotels, libraries, and bookstoreswithout charge or at a nominal fee to encourage customers to use the facility instead ofa competitors.With the growth of wireless hot spot locations, the wire connection has beencut. Lawyers and their paralegals may be connected anywhere in the world and senddocuments electronically back and forth with the same ease as sending them within thesame building. With the growth of Internet connections to portable devices over cellphone connections, computers with built-in devices or with the use of plug-in devicescan access the Internet over wide areas not previously possible.Wireless Laptop ConnectionsLaptops may be used wirelessly to connect to the Internet without the limitation of useof a hot spot by using plug-in devices such as the AT&T Laptop Connect Card,Sierra Wireless Air Card, and a subscription to the service provided by most majorproviders like AT&T, Verizon, and Sprint. These services essentially provide servicevirtually anywhere there is a cellular connection. The popularity of these wireless services has resulted in many newer-generation laptops having the feature built in, eliminating the need for the external cards.Thin ClientThin client A computer systemwhere programs and files aremaintained on a centralized server.A trend called thin client or cloud computing is emerging where programs and filesare maintained on a centralized server and each user has access through a dumb terminal (one without programs or data). The thin client model offers some additional levelM04_GOLD0000_00_SE_CH04.QXD12/4/099:56 PMPage 163C H A P T E R 4 Technology and the Paralegal163of control and prevents loss of information through the loss of a computer. This generalconcept also includes Software as a Service (SaaS) and Web 2.0. It can be expected thatthe increased usage of the smaller, lighter computers, commonly called netbooks, designed for accessing the Internet will increase the demand for software and data repositories to minimize the need to support software and large data devices on these veryportable computers.ETHICAL PERSPECTIVEUnauthorized EavesdroppingWith the increased freedom of communication comes an increased risk ofeavesdropping by unauthorized parties accessing the wireless signals. Securitymeasures, such as encryption and access restricted by password, are essential toprevent ethical breaches in confidentiality. Use of public access points, such as thecoffee shop with wireless access, the airport lounge, or other public location, invitesthe curious to eavesdrop and look over the shoulder at the screen of the laptopuser. With the growing availability of Internet access on airplanes, the eyes of theadjoining seatmate may be those of a member of the opposing team traveling tothe same destination on the same case.Concept Review and ReinforcementLEGAL TERMINOLOGYApplications software 134Attachment 129Backup of data 149Case and litigation managementsoftware 140Central processing unit (CPU) 133Computer addresses andlocations 153Computer hardware 132Computer network 147Computer system 132Computer viruses 158Database program 138Digital format 129Electronic repository 130Encryption 158File attachment 155File extension 137Firewalls 157Graphic user interface (GUI) 134Hacking 157Hardcopy 129Hot spot 162Internet 149Internet (Web) browsers 151Internet search engine 153Internet service provider (ISP) 150Local area network (LAN) 150Mainframe 132Modem 150Network administrator 148Network file server 147Network rights and privileges 148Office software suites 139Online collaboration 130Operating system 133Outsourcing 131Paperless office 146Protocol 153Random access memory (RAM) 133Remote collaboration 162Software 134Specialty application programs 139Spreadsheet programs 137Teleworker 159Thin client 162Track Changes 135Uniform resource locator(URL) 153Uninterruptible power supply(UPS) 134Videoconferencing 159Voice recognition 160VoIP 160Wide area network 149Wireless computer networks 162Wireless network 149Workstation 147M04_GOLD0000_00_SE_CH04.QXD16412/4/097:23 PMPage 164PA R T I The Paralegal ProfessionSUMMARY OF KEYCONCEPTSNeed for Computer SkillsThe NeedComputers are being used with greater frequency to share information in digitalformat between remote offices, courthouses, government agencies, and clients.Technology Usagein the LawComputers are now being used for everything from word processing to computerizedtimekeeping, payroll productions, and tax return preparation. Today even thesmallest law firm and litigator must use technology. Some courts are demandingcomputerized filing.OutsourcingOutsourcing has become a buzzword for shipping work out of the office or overseas tosave money. Using an outside computer consultant to help with support for thehardware and software of the office is a form of outsourcing and may involve a helpdesk located in a foreign location to answer questions.How Much Do I ReallyNeed to KnowNo one can be an expert in everything. What is important is to know enough to knowwhat you do not know and be able to find someone who does.Understanding the Language of TechnologyWhyAn understanding of the terminology of technology is a prerequisite to understandingthe technology found in the law office, the courthouse, and the clients business.Computer HardwareComputer HardwareHardware is the term that encompasses all of the tangible or physical items includingcomputers, monitors, printers, fax machines, duplicators, and similar items that usuallyhave either an electrical connection or use batteries as a power source.Operating SystemsThe operating system is a basic set of instructions to the computer on how to handlebasic functionshow to process input from input devices such as the keyboard andmouse, the order in which to process information, and what to show on the computermonitor.Applications SoftwareApplications SoftwareProgramsApplications programs are software that perform generic tasks such as word processing.Word Processing ProgramsPrograms for creating written documents in electronic format.Track ChangesTrack Changes, as found in MS word, shows the original text, the deleted text, and thenew text as well as a strike through for deleted text, underlining or highlighting of newtext, as well as margin notes on the document.File ExtensionsWhen a file is saved, a file extension (a period followed by three characters) is added tothe end of the filename to identify the program or format in which the file has beensaved.Spreadsheet ProgramsPrograms that permit the calculation and presentation of financial information in a gridformat of rows and columns.Database ProgramsA database program is an electronic repository of information of all types that can besorted and presented in a meaningful manner.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 165C H A P T E R 4 Technology and the Paralegal165Presentation Graphic ProgramsSoftware programs used to create high quality slide shows and drawings.Specialty Application ProgramsSpecialty applications programs combine many of the basic functions found in softwaresuites, word processing, database management, spreadsheets, and graphic presentationsto perform law office, case, and litigation management.Case and LitigationManagement SoftwareCase and litigation management programs are used to manage documents and the factsand issues of cases.The Electronic Courtroom and Paperless OfficeElectronic CourtroomThe use of electronics and computer-based systems are used in the electroniccourtroom.Paperless OfficeThe paperless office is one in which documents are created and stored electronically.NetworksWorkstationA workstation generally consists of a computer, a monitor, and a printer.Computer NetworkA network is a set of workstations connected together.Network ServerThe network file server generally is a separate computer that acts as the traffic cop ofthe system controlling the flow of information; it requests to use the resources of thesystem or data, between the connected workstations and other peripherals that are partof the network. These servers usually are the central repository for all electronic files.Network Rights andPrivilegesRights or privileges determine who has access to the server, the data stored on theserver, and the flow of information between connections.Network AdministratorThe network administrator usually is the person with the highest-level access to thenetwork file server.Backup of DataBacking up datamaking copies of filesregularly is an essential function to preventloss of critical files and office data in the event of a disaster.Wide Area NetworkA wide area network is a network of networks. Each network is treated as if it were aconnection on the network.Wireless NetworkA wireless network uses wireless technology instead of wires for connecting to thenetwork.The InternetWhat Is It?The Internet or the World Wide Web is a group of computers linked together with theadded ability to search all the connections for information.Online Computer ResourcesInternet BrowsersAn Internet or Web browser is a software program that allows a person to use acomputer to access the Internet. The two most popular Web browsers are MicrosoftInternet Explorer and AOL.Search EnginesAn Internet search engine is a program designed to take a word or set of words andlocate websites on the Internet.M04_GOLD0000_00_SE_CH04.QXD16612/4/097:23 PMPage 166PA R T I The Paralegal ProfessionAddresses and LocationsThe modern equivalent of a persons telephone number is the email address. Pages onthe Internet also have addresses known as the Uniform Resource Locator (URL), madeup of three parts: protocol, computer, and path.Formats of Available InformationFile AttachmentsThe attachment is a popular method for transmitting text files, and occasionally graphicimages, by attaching the file to an email.Receiving and DownloadingFiles and AttachmentsThe method for downloading files and attachments is the same. They are downloadedinto a directory (a folder), which in Windows usually is called My Download Files orMy Files. If there is no existing folder, Windows Explorer can be used to create a filewith a name, such as Download.Electronic FilingCourtsMany courts have established procedures for the electronic filing of pleadings. Eachcourt is free to set up its own rules and procedures and must be consulted beforeattempting to use this service.IRSThe Internal Revenue Service and some states have combined in a joint effort to allowthe filing of both the federal and state individual income tax returns.Types of Image FormatsThe most popular format for computerized forms is PDF.Computer and Network SecuritySecuritySecurity is a critical issue in law offices and for the court as they become more andmore dependant on computers and the Internet.FirewallsA firewall is a software program designed to limit access to a computer networksystem.EncryptionEncryption is technology that allows computer users to put a lock aroundinformation to prevent discovery by others.Computer VirusesViruses are programs that attack and destroy computer programs, internal computeroperating systems, and occasionally the hard disk drives of computers.PrecautionsVirus-protection programs such as Norton or McAfee should be updated regularly.Future Trends in Law Office TechnologyLooking ahead to whats on the technological horizon is imperative to the smooth andprofitable functioning of the law office. Anticipating change and incorporating itrequires IT knowledge and savvy, whether it comes in the form of in-house staff orexternal technology consultants.VideoconferencingUse, generally, of the Internet, or in some cases telephone lines or special satellitesystems, to transmit and receive video and audio signals in real time to allow parties tosee and hear each other.VoIPVoice over Internet Protocol (VoIP) is a protocol for using the Internet as a method ofcommunication instead of traditional telephone company services. A computer with amicrophone and headset or speaker is used to complete a call to another computer ortelephone over the Internet. It may be a voice connection or voice and image.Voice RecognitionMore computer technology has brought this software to the point of accuracy,approaching, and in some cases exceeding, the accuracy of typing.M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 167C H A P T E R 4 Technology and the Paralegal167Miniaturizationand PortabilitySmaller devices are becoming more powerful than some of the older desktop systemsand laptops. Even the telephone has been reduced to a pocket-sized wirelesscommunication device.Wireless TechnologyHardware in many offices today includes the wireless telephone and the laptopcomputer with built-in wireless Internet capability. The worldwide availability ofinexpensive high-speed Internet connections has expanded the availability and use ofnew technologies.Remote AccessRemote access allows members of the legal team working on cases while out of theoffice to connect with the office file server to retrieve documents, work on them, andsend them to other members of the team anywhere in the world.Remote CollaborationRemote collaboration means that members of the team can work collaboratively frommultiple locations as if in the same physical location. This is possible through softwareconferencing programs that allow the sharing of files while communicating and seeingeach other on the same screen.Wireless ComputerNetworksLike cell phone networks that use radio waves to transmit signals to a receiver.Wireless LaptopConnectionsLaptops may be used wirelessly by using plug-in devices to connect to the Internetwithout the limitation or use of a hot spot.Thin ClientA trend called thin client or cloud computing is emerging where programs and filesare maintained on a centralized server and each user has access through a dumbterminal (one without programs or data).WORKING THE WEB1. Download the latest 1040 tax form and instructionsfrom the Internal Revenue Service website at www.irs.gov.2. Use one of the search engines listed below to find information on your school or local government:a. AltaVista: http://www.altavista.comb. Ask.com: http://www.ask.comc. Dogpile: http://www.dogpile.comd. Excite: http://www.excite.come. Google: http://www.google.comf. MetaCrawler: http://www.metacrawler.comg. Netscape: http://www.netscape.comh. Yahoo!: www.yahoo.com3. Use the Google search engine to find information onhow firewalls work, and print out the first page of theresults. Using one of the results, print out a copy of theinformation that is most responsive to the search, andwrite a short summary describing what a firewall does.http://www.google.com4. Use a search engine of your choice to run a search for legal research resources. Print a copy of the first 10 results.18.104.22.168.Mark each result you think will be useful in the futureas a paralegal and state why.Prepare a step-by-step list of how to find the Code ofFederal Regulations on the Government Printing Office website. http://www.access.gpo.govPrepare a list of the legislative information availablefrom the Library of Congress online. http://www.LOC.govUse any search engine or browser search tool to findthe document How Our Laws Are Made, as revisedand updated by Charles W. Johnson-Parliamentarian,on a federal government website. Hint: use quotationmarks around the names. Print out the specific queryyou used and the URL of the source where the document was found.Print out a copy of the results of the search for firewall using Yahoo!, and compare the results to the result from Google. How many of the first 20 listings arethe same?M04_GOLD0000_00_SE_CH04.QXD16812/4/097:23 PMPage 168PA R T I The Paralegal ProfessionCRITICAL THINKING &WRITING QUESTIONS1. How can the computer and the Internet increase a paralegals productivity?2. What is meant by the term computer hardware?3. What is the danger in using the word processing featureTrack Changes?4. What are applications software programs? Give anexample.5. What are the advantages of using office suite programs?6. How can database programs be used to avoid ethical issues?7. How can legal office management programs help prevent malpractice?8. What is meant by the paperless office? What changesin law office administration have encouraged this?9. What is the function of a network server?10. Why is making a backup essential in a law office?11. What is the advantage to the legal team in having a widearea network or wireless network?12. How has the availability of the high-speed Internet impacted the use of the Internet in the law office?13. What is an Internet browser? How is this different fromWindows Explorer?14. How reliable are forms and documents obtained overthe Internet?15. What advantages does knowing how to use the Internetprovide the paralegal in the law office?16. What are the limitations of using a website to attractnew clients to your state?17. Do cross-jurisdictional boundary websites presentany problems for the law firm using the Internet?If so, why?18. What are some of the ways in which using an Internetbrowser can assist the paralegal working on a file or acase? How are URLs used in conducting Internetsearches?19. What copyright issues must a paralegal consider in usingthe Internet to prepare written documents and reports?20. How can authenticity of information obtained on theInternet be validated? Explain the issues in downloadinginformation.21. What is the purpose of a firewall? What are the implications to the law office of not having a firewall?22. What is a computer virus, and what should a paralegaldo to protect the firm against computer viruses?23. Should encryption software be used regularly in transmitting files electronically? Why?24. Why would the legal team want to use encryption whentransmitting a document?25. What is a wireless access point? How could this be usedin a law firm?26. What ethical issues arise in the use of hot spots orpublic access points?Building Paralegal SkillsVIDEO CASE STUDIESAttorney Meet and ConferOpposing counsel are meeting as required under the Federal Rules of CivilProcedure to discuss discovery issues inthe case. Defense counsel has recentlytaken over the file and is not familiarwith its contents and asks for additionaltime to complete discovery.After viewing the video case study at www.pearsonhighered.com/goldman answer the following:1. What is the purpose of the meet and confer under theFederal Rules of Civil Procedure.2. If the lawyers are not familiar with some of the electronic discovery issues, do they have an ethical obligation to have someone there who is more knowledgeable?3. How important is it for the lawyers and paralegals to beaware of the issues in the electronic discovery?Remote Videoconference Taking WitnessVideo DepositionThe parent of an accident victim is notavailable locally for deposition. To savetime and costs his deposition is beingtaken by videoconferencing.After viewing the video case study atwww.pearsonhighered.com/goldman answer the following:1. What arrangements must be made to take a depositionusing video conferencing?2. What are the advantages and disadvantages of using videoconferencing for taking depositions of fact witnesses?3. What is the role of the court reporter in a video conference deposition?M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 169C H A P T E R 4 Technology and the ParalegalPrivilege Issue: Misdirected E-mailThe paralegal working on a confidentialmemo for a client has accidentally sentit to opposing counsel. The supervisingattorney, visibly upset, gives instructions on how to handle the situation.After viewing the video case study at www.pearsonhighered.com/goldman answer the following:1691. What is the potential of fact of the e-mail and confidential information to the opposing party?2. What steps should be taken in your jurisdiction whene-mail is inadvertently sent to the wrong party?3. Who is ultimately responsible and what are the penaltiesfor inadvertent disclosure of confidential information bye-mail?ETHICS ANALYSIS &DISCUSSION QUESTIONS1. What are the ethical issues related to a law firm websitethat is available around the world when the firm is licensed to practice only in one jurisdiction?2. Explain the ethical implication of the following: In todays society, with the advent of the information superhighway, federal and state legislation and regulations, aswell as information regarding industry trends, are easily accessed.3. What are the ethical issues of erroneously sending orreceiving by email or fax a confidential trial strategymemorandum?4. What ethical issues arise for the law firm when it doesnot maintain an off-premises copy of files and clientrecords? Does a major catastrophe, such as the floodingcaused by Hurricane Katrina in New Orleans in 2005,excuse not having backup files and records?5. What role do security protocols have in ethicalcompliance?6. What ethical issues are involved in combining law practices as discussed in the opening scenario? What specific steps should be taken? Explain how these steps willprevent ethical breaches.7. You are working in a sophisticated law firm that has thelatest computers and software. You have not beentrained in the use of the firms computer encryptionsoftware for transmitting email and other electronicdocuments to clients and other offices of the firm. Youlive a few blocks from the office and consent to stay lateon Friday night before a major holiday weekend wheneveryone has left early to avoid the rush hour traffic.A client calls and asks for a copy of the trial strategymemorandum for a major case to take with him for review over the weekend. He advises that he is gettingready to get on a plane but has a computer with him thathas reverse encryption software the firm gave him andtells you he wants to read the memo while he is onthe plane for the next 14 hours on his way to Tokyo.He hangs up and you do not have his cell phone number. You send the email without using the encryptionsoftware. [U.S. v. Thomas, 74 F.3d. 701 (1996), ABAEthics Opinion, Utah Ethics Opinion 00-01.] Haveyou breached any rules on client confidentiality bysending unencrypted email containing confidentialclient information?DEVELOPING YOURCOLLABORATION SKILLSWorking on your own or with a group of other students assigned by your instructor, review the scenario at the beginning of the chapter that deals with combining a paper-basedoffice and an electronic office.1. Divide into two teams, one team playing the role of thejunior paralegal and the other the senior paralegal. Putyourself in that persons place, and make a list of thebenefits of the type of office system (electronic or paper) that they are accustomed to working in.2. Share your list with the other team. As a group, decidewhat systems/practices you think will be most efficientand effective to use in the combined office to performthe following activities: Manage conflicts of interest Perform legal research Manage cases Handle client files Communicate with clients Manage financial accounts3. As a group, identify areas of ethical concern in a merger,and discuss how best to handle these issues.M04_GOLD0000_00_SE_CH04.QXD17012/4/097:23 PMPage 170PA R T I The Paralegal ProfessionPARALEGALPORTFOLIO EXERCISEPrepare a memo for a potential law office manager, outlining the advantages and disadvantages of the paperless office.What security and confidentiality issues must be considered?What potential solutions or office procedures should be putin place? Reference and cite any applicable ethical rules oropinions from your local or state court or bar association.LEGAL ANALYSIS &WRITING CASESIssue: Are Images Displayed on the Internet as a Resultof a Search Protected by Copyright?Defendant operates a visual search engine on the Internetthat allows a user to obtain a list of related Web content inresponse to a search query entered by the user. Unlike otherInternet search engines, defendants search engine, theDitto crawler, retrieves images instead of descriptive text.It produces a list of reduced, thumbnail pictures related tothe users query. By clicking on the desired thumbnail, a usercould view the image attributes window displaying the fullsize version of the image, a description of its dimensions, andan address for the website where it originated. By clicking onthe address, the user could link to the originating website forthe image. The search engine works by maintaining an indexeddatabase of approximately two million thumbnail imagesobtained through a crawlera computer program thattravels the Web in search of images to be converted intothumbnails and added to the index.Plaintiff Kelly is a photographer specializing in photographs of California Gold Rush country and photographs related to the works of Laura Ingalls Wilder. He does not sell thephotographs independently, but his photographs have appearedin several books. Plaintiff also maintains two websites, one ofwhich (www.goldrush1849.com) provides a virtual tour ofCalifornias Gold Rush country and promotes plaintiffs bookon the subject. The other (www.showmethegold.com) marketscorporate retreats in Californias Gold Rush country.Thirty-five of plaintiffs images were indexed by the Dittocrawler and put in defendants image database. As a result, theseimages were made available in thumbnail form to users of defendants visual search engine. After being notified of plaintiffsobjections, Ditto removed the images from its database.Plaintiff filed a copyright-infringement action. One of thequestions of first impression is whether the display of copyrighted images by a visual search engine on the Internetconstitutes fair use under the Copyright Act. The courtfound that defendant never held out plaintiffs work as itsown, or even engaged in conduct specifically directed atplaintiffs work. Plaintiffs images were swept up along withtwo million others available on the Internet, as part of defendants efforts to provide its users with a better way to findimages on the Internet. Defendants purposes were and areinherently transformative, even if its realization of those purposes was at times imperfect. Where, as here, a new use andnew technology are evolving, the broad transformative purpose of the use weighs more heavily than the inevitable flawsin its early stages of development.Questions1. As the use of the Internet matures, will courts view useof information from the Web differently?2. What are the implications in taking material off theInternet and including it in reports, memos, and briefs?3. Would the decision have been different if the items werecopyrighted legal forms also located by a crawler anddisplayed as a visual image such as a PDF file?WORKING WITH THELANGUAGE OF THECOURT CASECoStar Group Inc. v. LoopNet, Inc.164 F. Supp. 2d 688 (D.C. Md. 2001)United States District Court, MarylandRead, and if assigned, brief this case. In your brief, include answers to the following questions.1. What is a contributory infringer under theDigital Millennium Copyright Act?2. Who is an online service provider as defined bythe Digital Millennium Copyright Act (DMCA)?M04_GOLD0000_00_SE_CH04.QXD12/4/097:23 PMPage 171C H A P T E R 4 Technology and the Paralegal3. When does a service provider lose its immunityunder the DMCA?4. What is a safe harbor under the DMCA?Deborah K. ChasanowI. BACKGROUNDPlaintiffs CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively CoStar) filed suit againstLoopNet, Inc. (LoopNet) alleging copyright infringement. CoStar is a national provider of commercial real estate information services . . . which includesphotographs. . . .LoopNet is an Internet-based company offeringa service through which a user . . . may post a listing ofcommercial real estate available for lease. . . . To include a photograph, . . . it is uploaded into a separatefolder,. . . where it is reviewed by a LoopNetemployee to determine that it is . . . a photograph ofcommercial property and that there is no obvious . . .violation of LoopNets terms and conditions. If thephotograph meets LoopNets criteria . . . it is automatically posted. . . . CoStar claims that over 300 of itscopyrighted photographs have appeared on LoopNetssite (the number has increased over time). . . .Application of copyright law in cyberspace is elusive and perplexing. The World Wide Web has progressed far faster than the law and, as a result, courtsare struggling to catch up. Legislatures and courts endeavor in this growing area to maintain the free flow ofinformation over the Internet while still protecting intellectual property rights. . . .Contributory Copyright Infringement1. OVERVIEWIt is, today, a given that: one who, with knowledge ofthe infringing activity, induces, causes, or materiallycontributes to the infringing conduct of another, maybe held liable as a contributory infringer. . . . Put differently, liability exists if the defendant engages inpersonal conduct that encourages or assists theinfringement.. . .CoStar does not claim that LoopNet had knowledge of its users infringements prior to its giving notice. . . . Given the nature of the infringements in this1715. What conduct takes a service provider out of thesafe harbor?case, it was impossible for LoopNet to have knowledgeof the alleged infringement before receiving notice fromCoStar. CoStar does not attach a copyright notice to itsphotos and even CoStars own expert could not identify a CoStar photo simply by reviewing it. . . . Thus,LoopNet cannot be charged with . . . knowledge beforereceiving claims of infringement from CoStar. . . .CoStar does not claim that LoopNet had knowledge ofinfringement prior to receiving notice from CoStar.[T]here remain . . . disputes about [its] knowledge . . .after receiving the claims of infringement. CoStar alleges that once it gave LoopNet notice that its photographs were being infringed, LoopNet can be chargedwith knowledge of continuing infringements. . . .The DMCA was enacted both to preserve copyright enforcement in the Internet and to provide immunity to service providers from copyright infringementliability for passive, automatic actions in which a service providers system engages through a technologicalprocess initiated by another without the knowledge ofthe service provider. . . . The DMCAs protection of aninnocent service provider disappears at the moment theservice provider loses its innocence, i.e., at the momentit becomes aware that a third party is using its system toinfringe. At that point, the Act shifts responsibility to theservice provider to disable the infringing matter, preserving the strong incentives for service providers andcopyright owners to cooperate to detect and deal withcopyright infringements that take place in the digitalnetworked environment.The DMCA seeks to strike a balance by shielding online service providers from liability in damages as long asthey remove or prevent access to infringing material. . . .The initial inquiry is whether LoopNet can be considereda service provider for the purposes of the DMCA.a. Service ProviderIn order to qualify for the safe harbor in the DMCA,LoopNet must meet the definition of online serviceprovider. Under 512 (k)(1)(A), a service provider is anentity offering the transmission, routing, or providing ofconnections for digital online communications, between(continued)M04_GOLD0000_00_SE_CH04.QXD17212/4/097:23 PMPage 172PA R T I The Paralegal Professionor among points specified by a user, of material of theusers choosing, without modification to the content ofthe material as sent or received. 17 U.S.C. 512(k)(1)(A)(1998). . . . For the other safe harbor provisions, including (c), which is at issue here, the definitionis broader: a provider of online services or network access, or the operator of facilities therefore.. . .Online services is surely broad enough to encompass the type of service provided by LoopNet thatis at issue here. The term is, of course, only a thresholdto the protections of the Act. Even if LoopNet qualifiesas a service provider, it must meet the other criteria.b. Stored at the Instance of the UserA service provider is only protected from liability bythe DMCA, for infringement of copyright by reasonof its storage at the direction of user of material.17 U.S.C. 512(c)(1) . . . [The photographs at issue]are uploaded at the volition of the user and are subject. . . to a mere screening to assess whether they are commercial property and to catch any obvious infringements. . . . Although humans are involved rather thanmere technology, they serve only as a gateway and arenot involved in a selection process . . . Therefore, thisthreshold requirement is met and LoopNet is not disqualified from the safe harbor on these grounds.c. KnowledgeThe safe harbor protects service providers from liabilityunless they have knowledge of copyright infringement.There are three types of knowledge of infringement thatcan take a service provider out of the safe harbor: (1) theservice provider can have actual knowledge of infringement; (2) it can be aware of facts which raise a red flagthat its users are infringing; or (3) the copyright ownercan notify the service provider in a manner substantially conforming with 512 (c)(3) that its works arebeing infringed. . . .The service provider does not automatically lose its liability shield upon receiving notice,but the Act shifts responsibility to the service providerto disable the infringing matter. . . .. . . LoopNet received notification of claimed infringement . . . so the adequacy of LoopNets removalpolicy must be assessed to determine whether LoopNet is protected by the safe harbor.d. Adequacy of Termination and "TakeDown" PolicyOnce a service provider has received notification of aclaimed infringement as described in [the Act] . . . theservice provider can remain in the safe harbor if it responds expeditiously to remove, or disable access to,the material that is claimed to be infringing or to bethe subject of infringing activity. 17 U.S.C. 512(c)(1)(C) (1998). . . .There are several material factual disputes remaining as to whether the removal of allegedly infringing photographs was satisfactorily expeditious andwhether LoopNets termination policy was reasonableand effective. CoStars infringement claims are basedon the posting of specific photographs. Additionally,LoopNets knowledge of the alleged infringements andits take down and termination policies have changedover time in fairly significant ways. In order to resolvethis issue, the factfinder will have to focus on eachphoto and the policy in effect prior to the posting ofeach photo. Hence, neither party is entitled to summary judgment on this issue. . . .3. LIABILITY FOR CONTRIBUTORYINFRINGEMENTWith regard to the photographs that were infringed before the safe harbor applied . . . and in case LoopNetstermination policy and take down of infringing photographs is found to be inadequate so as to remove it fromthe safe harbor, the analysis shifts from the DMCA backto contributory infringement. The determination ofcontributory infringement liability turns on a differentissue of knowledge than the standard used to determineLoopNets eligibility for the safe harbor. Here, thequestion is whether CoStars notice of claimed infringement was sufficient to satisfy the knowledgeprong of the test for contributory infringement eitherby providing actual knowledge, a red flag that infringement was occurring, or constructive knowledge.. . . [T]he fact finder must determine along a continuum the adequacy of the policy in place prior to theposting of each specific photograph. Therefore, neitherparty is entitled to summary judgment on this issue.e. Preemption of Non-Copyright Claims. . . The Copyright Act preempts state law that isequivalent to any of the exclusive rights within thegeneral scope of copyright as specified by section 106.17 U.S.C. 301(a) (1996) . . . To determine whethera state claim is preempted by the Act, courts must makea two-part inquiry: (1) the work must be within the scopeof the subject matter of copyright, and (2) the state lawrights must be equivalent to any exclusive rights withinthe scope of federal copyright. Fischer v. Viacom InternCorp., 115 F. Supp. 2d 535. 540 (D.Md. 2000). . . . Thecritical question, then, is whether CoStars unfair competition claim contains an additional element orwhether it is based solely on the alleged copying.M04_GOLD0000_00_SE_CH04.QXD12/4/097:24 PMPage 173C H A P T E R 4 Technology and the Paralegal. . . Essentially, CoStars claim is that LoopNet isexhibiting as its own photographs on its website thatCoStar has an exclusive right to exhibit or license forexhibition. This type of reverse passing off is, in effect,a disguised copyright infringement claim.. . . Therefore, this claim does not satisfy the extra-element testand so is equivalent to CoStars claim under the Copyright Act. Accordingly, it is preempted. . . .173V. CONCLUSIONFor the foregoing reasons; by separate order, both motions concerning the safe harbor defense of the DMCAwill be denied, . . . both motions concerning contributory infringement will be denied, . . . summary judgment will be granted in favor of LoopNet on the . . .preemption of the state law claims.M04_GOLD0000_00_SE_CH04.QXD12/4/097:24 PMPage 174...
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- Winter '11