Category «Legal Ethics»

Pain Science and the Administration of Justice

Ken Strutin’s article is a survey of legal scholarship and medical research concerning the study of pain and its significance for the administration of civil and criminal justice. The complexity of pain’s impact on each individual’s life is increasingly relevant in the context of the administration of civil and criminal justice. Strutin’s subject matter expertise in issues of law and justice is further articulated in this this article as he undertakes a timely review of an increasingly relevant issue that impacts the lives of defendants and complainants alike.

Subjects: Criminal Law, Human Rights, Legal Ethics, Medical Research, Publishing & Publishers (Legal)

Animal Rights on the Road to Personhood

Ken Strutin’s paper addresses a seminal issue that has been an integral part of the personal and collective ethic of diverse peoples around the world. As Strutin states, when life is classified biologically, it is also defined legally. Thus is formed the tension between the natural and juridical worlds. Whether animal rights can ever fall within the ambit of personhood will depend as much on the findings of cognitive science as on the evolution of legal remedies. Indeed, the foundations for nonhuman personhood are being laid in a growing body of litigation and scholarship at the borderlands of science and civil justice.

Subjects: Animals and the Law, Ethics, Human Rights, Legal Ethics, Legal Research

NY bar on ethics of cloud computing again

Nicole Black lauds the the leading edge role taken by the New York State Bar in determining issues related to lawyer use of cloud computing and client confidential data. In two different opinions handed down in the latter half of this year, the New York Bar committee reaffirmed the applicability of the longstanding duty of due diligence when assessing the security of third party service providers, explaining that a lawyer must assess whether the technology offers reasonable protections against disclosure and must also take reasonable precautions when using technology.

Subjects: Legal Ethics

Legal ethics and retention of electronic data

Lawyers are increasingly shifting their day to day operations to applications and operations that leverage the convenience and affordability offered by the concept of a paperless office. Attorney Nicole Black talks about how doing so can raise an assortment of ethical issues, since the confidentiality of client information must always be maintained, regardless of the format in which it is stored or distributed.

Subjects: E-Discovery, Features, Law Firm Marketing, Legal Ethics, Legal Profession, Software

Animal Rights in the Human Legal System

The struggle for human rights has gone on for ages, but the story of animal rights has only begun to be told. Ken Strutin’s guide is a compilation of new and notable legal resources on animal rights and welfare. Its jurisprudence takes into account the various roles that society has assigned to animals, e.g., companion, servant or object, as well the implications of their participation or use in different sectors of modern life. Some of the key legal areas of confluence include: (1) animal rescue; (2) protective legislation; (3) law enforcement and forensics; (4) elder care and end of life issues; (5) abuse registries; (6) environmental hazards; (7) witness assistants; and (8) development of advanced degrees and specialization in animal law.

Subjects: Ethics, Legal Ethics, Legal Research

Emerging Legal Issues in Social Media: Part I

In Part 1 of his commentary, Ken Strutin discusses how the growth of social media and social networking applications has permeated and extended the range of legal investigation, discovery and litigation. The materials he highlights represent a current sampling of notable developments in law enforcement, law practice, civil and criminal litigation, and technology’s influence on human behavior.

Subjects: Features, Internet Trends, Law Firm Marketing, Legal Ethics, Legal Research, Legal Technology, Privacy

Law Firms Now Outsourcers?

With the recent announcement that UK law firm Eversheds will launch its own outsourcing business, Ron Friedmann addresses the question of what exactly is law firm outsourcing, and how does it differ from where lawyers are located.

Subjects: Features, Law Firm Marketing, Legal Ethics, Outsourcing

Metadata – What Is It and What Are My Ethical Duties?

Jim Calloway explains why every lawyer needs to understand a few basic things about metadata. He contends that the legal ethics implications of metadata “mining” are no longer just of interest to the lawyers processing electronic discovery, or the ethics mavens.

Subjects: Case Management, E-Discovery, Law Firm Security, Legal Ethics, Legal Technology

E-Discovery Update: Lessons From An E-Discovery Disaster

Conrad J. Jacoby examines the recent case of Southern New England Telephone Company (“SNET”) v. Global NAPS, Inc. as an example of how stonewalling and committing perjury, especially with respect to electronic discovery matters that can be independently validated, remains a poor litigation strategy.

Subjects: Case Management, Columns, E-Discovery Update, Legal Ethics, Legal Research

ResearchWire – A Web of Legal Ethics: Rules of Professional Conduct

ResearchWire A Web of Legal Ethics: Rules of Professional Conduct By Diana Botluk & James P. Botluk

Diana Botluk is an online legal information professional who lectures, teaches and writes about finding law-related information in an online environment. She is the author of The Legal List: Research on the Internet, and a columnist for Internet Law Researcher newsletter, with a column called Finding Information on the World Wide Web. She teaches basic, advanced and online legal research at the University of Maryland, and Internet classes at CAPCON Library Network. She has lectured at many professional conferences, is actively involved in the Law Librarians Society of D.C. and the American Association of Law Libraries. She is a reference librarian at Catholic University Law School, where she earned her J.D. in 1984. James P. Botluk is the Assistant Bar Counsel for the Attorney Grievance Commission of Maryland.

Subjects: Legal Ethics, ResearchWire