1. Justice and Technology Practicum
Class 6

2. Functions of Lawyering
Dispute Resolution
Compliances

3. UPL Who is most hostile to UPL? We the People
UPL may depend on the definition of the practice of law
From Dacey to Parsons to Reynoso

8. As applied to Technology
“Websites don’t just grow out of thin air and aren’t maintained out of thin air. They’re put together by people; they’re put on the Internet; and it’s not the web site that provides the assistance. It’s the people who develop the web site that provide the assistance.”
In re Reynoso

9. Forming a Lawyer-Client Relationship
In the eye of the beholder
Two-step analysis
Does the person believe there is the relationship?
Is there a reasonable basis for that belief?
Legal Information vs. Legal Advice
Direction for court clerks, librarians.

10. What if the Rules Apply? MR 1.2(c) Limited scope of representation
Reasonable under the circumstances
Informed consent
MR 1.1 Competence
Duty to make inquiry
MR 1.3 Diligence
Zealous advocacy

11. Application of rules Confidentiality Conflicts
Security of Information (Cloud issues)
Conflicts
Imputed conflicts – MR 6.5
Candor toward the tribunal
Ghostwriting

12. Questions to ask ourselves
Can we avoid UPL?
Can we work outside of the definition of the practice of law?
Is there a difference between services in the marketplace and those for the public good?
How can we control the determination of the lawyer-client relationship?
If we work within the lawyer-client relationship, how can we comply?

13. What about the future? Virtual Worlds
From 2-D text-based interface to a 3-D graphic-based interaction
Portable Avatars
Integrating AI with human interface

17. Questions/Comments