What an experience

This being my last blog…well not last blog ever, but the last blog for this course, i thought i would do a slight refelction. What a great experience it was to write like an online diary my thoughts on the course as well as other related topics. This has made me want to set up my own blog for my personal life.

As can be seen through my posts, it is evident that we live in a rapidly changing world…the newspaper could be gone…people live two lives one real one virtual…clients being advised via sms…

yet you can see some of my apprehension and negativity to these new technologies…such as it being the focus of ones life.

With all these new things, our society needs to adapt to the changes properly and efficiently using technology where it is needed to be applied to the legal system, yet know where it is not needed. Sometimes good old fashioned real life human thought is the way to go.

UNSW Law IT – Ignorant Technology that is…

Speaking with Russell and some other law buddies, it is unbelievable at the lack of thought that was put into the development and implementation of the IT infrastructure system of the new multi million dollar UNSW law building. (Mentioned in passing in http://ashell.wordpress.com/2006/08/30/response-to-who-killed-the-newspaper/)

The UNSW Law School should have had some foresight and spent some of their massive budget on some IT consultants to aid them in the building of the new school. It is an obvious trend, that more and more students bring their laptops to uni. It is also obvious that these students tend to be at uni all day using their laptops. Why is there only 2 power points in each law class room…come on. After just coming back from Exchange, the university I attended, (UT Austin, Texas) had a state of the art wireless system for use in the class room. Wireless system and access to the net I believe is very useful while listening to a lecture as one can look up case facts which have been mentioned in class. Can also look up statute as well as have access to other legal sources during a class which can aid in the learning experience (I will be the first one to admit that much discipline is needed to only use the system for class room purposes). As well as this, the computer labs are poorly ventilated, which will increase the chances of computers overheating and reduces there life. Unfortunately it seems that this complaining is a little too late. Oh well. I guess I will be out of here in a year…

The law in my ‘Second Life’…

I’m not sure if many of you are aware, but there is this online 3d community known as Second life (www.secondlife.com) where users create a resident known as an ‘Avatar’ which lives much like a human but in the Second life world. There are 1,049,831 residents who inhabit the world. Avatars can explore the world, have fun and even purchase property. A number of legal issues arise through the use of the ‘game’. These include issues in corporate contracts, assault and government law among others. There are a set of community standards which allows the Second Life Police to give reprimands for conduct such as intolerance, harassment, assault, indecency and disturbing the peace. As well as this there is a market for purchasing land with Linden Currency which can be bought with US dollars and exchanged to US dollars. As well as this, intellectual property rights of avatars are also recognised both in the virtual and real world.

I have read a number of articles where users have supplemented there real income through setting up businesses on Second Life. The idea of this virtual world is quite hard to comprehend and the Linden Lab (the creators) have really put a lot of thought into the legal framework of Second life. Maybe we will start seeing some cases come up in real life courts to deal with disputes on Second Life. I was unable to find the sites jurisdiction. So if anyone knows or has any other comments, let me know.

 

Parlez-vous anglais ? Sprechen Sie Englisch? Вы говорите английскую язык? Μιλάτε τα αγγλικά;

If you answered, No, Nein, Niet et al than you probably won’t understand the rest of this blog, despite its relevance to you. After hearing Russel in class tell Lanny that if he did his rule based system in French he would give him extra marks, I decided to ponder the idea of language…hmmmmm- pondering…language? Well as we know language is the key communication tool in life and is of extreme importance in the legal sphere. In law, every word affects the way one analyses the meaning of say cases or statute. Language is also important in terms of computer applications – whether the language is Java, ASCII, HTML it is a way to present information. In the Information Technology industry, English is seen as the standard language used by companies in this field around the world. Most programs, keyboards etc were designed with the English language and alphabet in mind – lucky us English speakers, not so lucky us Inuit speakers (grrr…I hate French key boards…you have to make three key strokes for full stop…grrr) So how can we resolve the issue that when computers are applied to legal systems, they are generally English based as that is the standard ‘Computer Language’. Unfortunately, an expert system shell made in Australia, is not so viable to be used in China or Kenya unless it has been coded as well in those languages. This also raises issues of equity as access to good legal systems in non-English or dominant languages will be hard to come by.

Firm Blogging – not so strong as it sounds

The question i raise, is as the wheather weblogs have a place in the legal practice? This is in response to a paper i read – DO WEBLOGS HAVE A PLACE IN LEGAL PRACTICE? by Damien Piper. Damien, believes that yes indeed, weblogs can help firms, particularly smaller firms, ‘advertise’ the knowledge in specific areas of law to the world. He gives a few examples where lawyers have subsequently received business as a result of their blogging. As yet, today’s legal practice (see a previous entry titled “Has the computer really improved work at a legal practice?”) in general terms may not be ready for such a way to find clients. Give it a few years, when people like us, the students of today are running the show…

wikipedia has given birth…well not literally

How could wikipedia give birth…i will leave that to the imagination. Anyways…back to my topic of the day. Just heard some interesting stuff. With wikipedia (see www.wikipedia.org) amassing an amazing amount of information much like an online collaborative encyclopedia, a new site has spawned for information on how to….well do anything. Called www.wikihow.com users can provide info on how to do pretty much anything to allow browsers to learn from there knowledge such as escaping from a sinking car (http://www.wikihow.com/Escape-from-a-Sinking-Car) or how to create a political scandal (http://www.wikihow.com/Create-a-Political-Scandal). I think this is a great way to pass on knowledge that you really really need in life that your parents may have forgotten to teach you.

Fast internet or an internet fast

Within the month of October, 2 out of the 3 monotheistic religions will have held or are holding a fast, refraining from food and drink. This is supposedly to disconnect oneself from those ‘human’ attributes we hold.

Have you ever thought though, of fasting from your computer? or the internet? In a world where work, rest and play can revolve around the computer, will it be beneficial to refrain for say a day from using it. To not check your email every 5 minutes. Of play solitaire whilst at work?

 Here is a link of a blog my sister wrote…

hope you will enjoy

http://natalieshell.com/2006/10/01/weekly-internet-fast/

 

eGANGES…tech crash or tech boom

Just by putting an ‘e’ at the beginning of a word in the 21st century won’t make a system more or less successful…although ebay seems to be doing pretty well from it.After two very interesting lectures on the development and demonstration of eganges, I was amazed at the incomprehensible genius of the creators Pamela and Xenogene Gray and  the complexity and logic put into the system was quite extraordinary. I commend the Grays for what they have done in the field of expert system shells.But I am somewhat concerned of the commercial and legal liability of this operating system. Particularly with it being sold as an expert system shell, this does not to justice to the work that has been put into the system, as possible clients would need an expert to create the system. If they had an expert that would mean that the firm already has that knowledge and therefore would not need the system.My recommendation is, for the creators to contact QC’s in certain areas of expertise and create expert systems these different areas of law. They could then sell small systems on areas to firms which operate in them, such as a firm specialising in conveyancing or employment dispute et al. Smaller firms particularly would be most benefited as they are not likely to have an expert as knowledgeable as a QC.  Discounts can be given for multiple areas being ordered as well as more returns from future updates in the law.This I believe will be a better path.

Security of Email for Solicitors

Security of Email for Solicitors Gone is the telephone. Gone is one to one in person conversation. Email is THE form of communication, more so in the everyday business world. So to, is it now part of the legal firm; for communication between colleagues as well as to some extent communication to clients.

 Due to the nature of the information being sent, in these emails it is necessary for the data to be secured/encrypted/protected from others accessing these messages and coming into contact with confidential information.

In terms of intra-communication, most large firms have been relatively security conscious. However, some don’t realise the ease of accessing information from unsecured wireless networks. The confidentiality of clients via email messages need to be improved, especially in small firms. It is every person’s right to have their own private life remain private, and when it comes to legally sensitive matters, even more so. In this age of cyber culture, where almost anything is accessible, both large and small firms need to find methods of keeping the net a secure environment for both them as solicitors and the clients.

Has the computer really improved work at a legal practice?

Small Firms

I was having a conversation with my best friends dad who is a lawyer at his own small practice. You could classify the guy as a computer phobe. So I asked him what he does at work. First of all he told me that he does not have a computer in his personal office.

He takes the following steps to answer an email.

1. his secretary receives the email on her computer

2. she prints it

3. he reads it

4. he dictates a reply to the email

5. she types a reply up

6. she prints the reply

7. he checks the draft and approves it

8. she makes appropriate changes and finally sends the email off (Note this is quite similar to how letters were answered pre-computers in his firm)

What could have taken a short time has now been made a tedious exercise which is inefficient, takes more time and uses more paper, all of which computers are supposed to improve especially in business practice. What has gone wrong…I feel that the law society should be promoting technical training in order to ensure members can use technology to its full potential. Considering a large amount of their members are older and probably will be able to continue to work for some time it is still not too late. As technology comes more part of our daily lives, the lack of experience by these individuals such as my friends father will fall further behind.

Better to start later than never…

Large firms

One would think big firms must have embraced the use of computers in the office. I believe to some extent yes. There is much better collaboration and possibly better communication. With the use of such applications as lotus notes where colleagues can post meeting times for all without individually contacting each person is quite beneficial. My mother who works in I.T. says however that while applications like lotus are beneficial, people send way too many unnecessary emails, and their communication and writing skills are diminished considerably.

As Russell mentioned in class of how he sent a contract to the US to get checked, the other firm printed it out, scribbled notes, then re scanned it to send back to Australia. Here is a typical example of the misuse of technology.