The Duty of Technology Competence and What It Means for E-Discovery

Robert Ambrogi will be moderating this free webinar next Wednesday March 25, 2015, which will discuss the evolving duty of technology competence in the context of e-discovery.

An interactive webinar on what this means in practical terms for law firms and in-house counsel: 

  • The legal/ethics groundwork for the duty of technological competence 
  • Biggest “danger areas” and most common mistakes 
  • Why it takes a team to manage the 9 aspects of e-discovery 
  • How to best manage the transition to technology assisted review
  • How to best manage the transition to technology assisted review (and why Continuous Active Learning is such a hot topic now)

Lawyer and veteran legal journalist Robert Ambrogi will interview Catalyst’s professional services team to get insight on the key issues and what they wish people knew about e-discovery. 

Sign up here.

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New York Court Watcher: Preet Bharara on Sheldon Silver: Prosecutorial Ethics?

Is U.S. Attorney Preet Bharara behaving more like a politician or like a prosecutor bound by the rules of legal ethics?

Do his press conferences, speeches, interviews, and other public comments about Sheldon Silver, the now-indicted former Speaker of the New York Assembly, sound more like he’s running for elected office, or like a prosecutor who is abiding by the ethical restrictions on over-zealous, prejudicial out-of-court statements?

Read Prof Bonventre’s analysis of the applicable rules of conduct and statements made by US Attorney Bharaara here.

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iMessage and FaceTime: Two-factor authentication – how to turn on | BGR

By Chris Smith on Feb 13, 2015 at 6:50 AM

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In order to enable two-factor authentication on iMessage and FaceTime, you should check out Apple’s handy guide and FAQ at this link and head on over to this Apple IDpage to get things started. Also important is getting and securing your Recovery Key that comes with two-factor authentication activation — this extensive report explains what happens when this extremely sensitive piece of information is lost in case someone tries to use your Apple ID on other devices.

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Read entire BGR post here.

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Federal Complaint against Sheldon Silver

Washington state moves around UPL, using legal technicians to help close the justice gap

Robert Ambrogi has written a comprehensive survey of moves across the country in the use of legal technicians.  You might be surprised (or not) to learn that New York Sate is in the forefront of this movement.

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“Even with whatever success we’ve had with public funding of legal services and pro bono work by lawyers, there is still a gaping hole in our system of providing legal services to the poor and people of limited means,” says New York Court of Appeals Chief Judge Jonathan Lippman, who has emerged as a leading advocate of allowing nonlawyers to provide limited services.

“We need to think out of the box and look at every possible avenue for filling this justice gap,” Lippman says. “You can get nonlawyers who are experts in a particular area of legal assistance and who can be more effective in that area than a generalist lawyer.”

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In May 2013, Lippman appointed a committee with the specific charge of studying this issue, the Committee on Non-Lawyers and the Justice Gap. He asked the committee to focus on the use of nonlawyers in housing, elder law and consumer credit cases–areas where as many as 90 percent of litigants in the New York courts are without lawyers.

NEW YORK’S NAVIGATORS

The recommendations of this committee resulted in Lippman’s launch in February 2014 of a pilot program in which nonlawyers, called navigators, provide free assistance to unrepresented litigants in housing cases in Brooklyn and consumer debt cases in the Bronx and Brooklyn. Navigators provide a range of assistance, from general information given at help desks to one-on-one help completing legal forms and assisting in settlement negotiations.

Navigators may also accompany unrepresented litigants into the courtroom. While they are not allowed to act as advocates in court, they are able to answer questions from the judge and to provide the litigants “moral support.”

In Albany, Lippman created a second project that uses nonlawyers to advise elderly and homebound residents about their eligibility for benefits and other services…

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Read Ambrogi’s complete article with more about New York programs by clicking the link below:

http://www.abajournal.com/magazine/article/washington_state_moves_around_upl_using_legal_technicians_to_help_close_the

NYSBA | Changes to Mandatory Pro Bono Reporting Requirement

http://www.nysba.org/probonorequirement/

Office of the President

New York attorneys will report their pro bono hours anonymously in the future–as was recommended by the House of Delegates of the New York State Bar Association.

The Office of Court Administration issued this statement on Dec. 18, 2014:

Today the Administrative Board of the Courts unanimously approved modifications to the mandatory pro bono reporting framework in New York, consistent with the recommendations of Chief Administrative Judge A. Gail Prudenti and NYS Bar Association President Glenn Lau-Kee that were an outgrowth of their recent discussions on the subject.

Chief Judge Jonathan Lippman said that he is confident that mandatory pro bono reporting in New York “will provide the Court System and the bar with the information that we need to chart a course that promotes pro bono work by the legal community very much in the spirit of our noble profession.”

State Bar President Glenn Lau-Kee observed: “I am pleased the court system has responded to the concerns of the New York State Bar Association and other bar associations. The compromise is the outcome of collegial and productive discussions between representatives of the court system and State Bar leaders, which bode well for our future working relationship.”

The earlier rule, which took effect in May 2013, required attorneys to report their pro bono hours and charitable donations to legal service organizations when completing their biennial registration forms.

The Administrative Board of the Courts adopted a resolution to amend the requirement as follows:  

  • Attorneys still are required to report their pro bono hours and charitable donations, but they will report the information anonymously.
  • The information will be made public only on an aggregate basis.
  • The courts will broaden pro bono and public service categories on the reporting form.
  • All reported pro bono information submitted prior to the requirement change will be designated confidential. 

The changes were recommended by the House of Delegates at its November meeting. 

Details of the changes will be available at a future date. 

Sincerely, 
 
Glenn Lau-Kee, President

Senate Intelligence Committee Study on CIA Detention and Interrogation Program – Issues – United States Senator Dianne Feinstein

(Patience may be required as there appears to be a significant demand for the documents)

Key Resources

Senate Intelligence Committee Chairman Dianne Feinstein on December 9, 2014, released the executive summary of the committee’s five-year review of the CIA’s detention and interrogation program. The release included redacted versions of the committee’s executive summary and findings and conclusions, as well as additional and minority views authored by members of the committee.

Read more…

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