Conference Background and Agenda
Recommendations from
the
ABA Tech2000 Task Force
These
Recommendations were taken from a Power Point Presentation to the American Bar
Association. The Recommendations
were based on findings of the Tech2000 Task Force.
Points of view expressed herein do not necessarily represent the official
positions or policies of the American Bar Association. The Mission of the
Tech2000 Task Force “is to assist attorneys and the organized bar to identify
and use technology to meet the needs of moderate-income individuals and
families”. The Task Force was
established by ABA President William Paul in March, 1999.
American
Bar Association
750 North Lake Shore Drive
Chicago,
IL 60611
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988-5000
(312)
988-6281 fax
www.abanet.org
1.
Rule Modification
The
ABA should fund an entity to review existing ethical rules to identify rules
that impede the use of Internet technology.
The goal is to use the Internet technology to deliver legal services to
low and moderate-income persons. The
entity should submit appropriate recommendations, consistent with the core
values of the profession, to the appropriate rule-making authorities.
2.
Rule Interpretation
The
President of the ABA should designate an appropriate entity to engage state rule
making and rule enforcement authorities to insure that interpretations and
enforcement of the rules do not impede innovation of new technology.
The President of the ABA should convene a multi-state (virtual and live)
conference of the state bar ethics policy makers and disciplinary officers, NOBC,
NCBP to encourage Internet delivery of legal services and information.
3.
Safe Harbor Rules
The
President of the ABA should designate an appropriate entity to facilitate the
immediate creation of Safe Harbor Rules to facilitate technical and practice
innovation. The Rules should
facilitate while at the same time protect consumers, lawyers, and providers.
4.
Collaboration
The
President of the ABA should delegate to an appropriate entity the responsibility
to develop collaborative relationships between non-profit organizations and
entities engaged in electronic commerce and services, with a particular focus on
those engaged in the delivery of legal services over the Internet.
5.
Electronic Standards (XML)
The
President of the ABA should designate an appropriate entity to play an active
role in developing ad sponsoring the Legal XML Standard.
The ABA will encourage the use of the Standard among its members, private
industry, courts, and government agencies.
The ABA will adopt this Standard for all ABA publications.
6.
Low Cost Tools
To improve law practice efficiency and enable lawyers to
provide better legal services, the President of the ABA should designate an
appropriate entity to facilitate private sector development of low-cost,
comprehensive Internet practice tools for lawyers. These tools should be especially targeted at small and solo
practitioners.
7.
Stamp of Approval
The President of the ABA should delegate to an appropriate
entity the responsibility to establish standards and policies for e-law sites
and provide ABA “stamp of approval” for e-law sites. Such standards should include, but not be limited to;
privacy, disclosures, disclaimers, confidentiality, due diligence, security,
consumer information, and consistency of business models with professional
norms.
8.
Technological Competency
The President of the ABA should designate an appropriate
entity to revise the MacCrate Report’s Statement of Fundamental Lawyering
Skills and Values, to reflect new technological advances and
interdisciplinary developments as standards of lawyer competency.