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Technology In The Law Office 2nd Edition Thomas F Goldman - Solutions
1. What is the purpose of the meet and confer under the Federal Rules of Civil Procedure?
2. As defense counsel, draw a document discovery agreement for plaintiff's counsel. Is the language the same for both plaintiff and defendant? Explain.
1. Prepare an electronic document discovery request, under the applicable Federal Rules of Civil Proce- dure for the accident case in Appendix 1.
4. Prepare a memo from the litigation support staff to the trial team explaining what issues they should be aware of and suggestions for obtaining and pro¬ tecting the needed data.
3. Prepare a memo to the IT staff or outside consult¬ ant explaining what is needed by the trial team in a case of this type.
2. Prepare the discovery plan required under the Federal Rules of Civil Procedure.
1. Prepare a summary for the attorney of the major changes in the Federal Rules of Civil Procedure (FRCP) on electronic discovery.
3.Use the Internet to prepare a list of software and vendor resources for the legal community for elec¬ tronic discovery. List the services offered and the contact information.
2. Locate and download a current case on spoliation of evidence. What were the circumstances that the court decided were cases of “spoliation” and what was the penalty imposed?
1. Use the Internet or a library to find copies of the most current version of Federal Rules of Civil Pn> cedure, Rules 16, 26, 33, 34, 37, and 45 and the comments to the Rules.
24. What are the penalties for not maintaining a litigation hold?
23. What is the purpose of a “litigation hold”?
22. May a firm or client regularly destroy files and records? Explain fully.
21. What role does cost play in electronic discovery plans?
20. What is the role of the information technologist on the legal team in the area of electronic discovery’?
19. What is meant by a “claw back provision” in a discovery plan? How important is it ethically?
18. What are the ethical issues in protecting confi¬ dential or privileged information in an age of elec¬ tronic documents?
17. What are the possible costs associated with elec¬ tronic discovery?
16. What are the 2006 Amendments to the Federal Rules of Civil Procedure that apply to electronic discovery?
15. What are the possible sanctions for spoliation of evidence?
14. What is meant by “spoliation of evidence?”
13. What types of electronic information might be re¬ quested in litigation today that did not exist twenty years ago ?
12. What is the impact of the new Federal Rules ofCivil Procedure on the timetable for discovery requests?
11. What information must be turned over without a formal request?
10. What is the time frame that the litigation team must follow in federal court?
9. Can a party demand physical possession of the op¬ posing party’s computer? Explain fully?
8. How can discovery be used to facilitate settlement ?
7. How can proper discovery aid in evaluating a case ?
6. How have the costs of discovery changed the thinking of clients on litigation?
5. Has the purpose of discovery changed in the tech¬ nology age ?
4. Have the methods for discovery changed because of technology? Explain.
3. What is the role of the discovery in litigation?
2. Test your knowledge and comprehension of the topics in this chapter by completing the True- False questions on the textbook Companion Website.
1. Test your knowledge and comprehension of the topics in this chapter by completing the multiple' choice questions on the textbook Companion Website.
6. Use LexisNexis CaseMap to set up a new file for the case in Appendix 1. List the legal team from the opening chapter scenario and create a “cast.”
5. Create a time line using LexisNexis TimeMap from the facts in the case study in Appendix 1.
4. Locate information on companies that provide on¬ line document repository services.
3. Visit the websites for the case management pro¬ grams listed in this chapter. Determine the mini¬ mum operating requirements for a computer to run the software properly.
2. Prepare a list of the case management software pro¬ grams that provide online tutorials for learning how to use the programs.
1. Use a search engine to locate information on “case management software.”
5. How can using a program like CaseMap help in preparing for trial and during trial? Explain in a memo for the attorney’s review.
4- Answer the question raised by one of the attor¬ neys: “Can’t we make our own database or spread¬ sheet to track the information and save money?”
3.What are the items that will need to be tracked us¬ ing the case management program?
2. Prepare a memo explaining how a case manage¬ ment program might he used to organize the case.
1. Prepare an outline of the issues in handling a case with so many plaintiffs and potential witnesses.
22. What are the advantages of time lines in litigation? Give examples of how they can be used by the le¬ gal team and in the law office.
21. What are some of the advantages in using a case management software program?
20. What are the steps that may be taken in organizing a new case file?
19. Explain the use of software for managing cases.
18. How can time lines be used in the preliminary stage of a case to assist the litigation team?
17. What are time lines?
16. How does any case management system aid in the collaboration among the members of the legal team?
15. What are the organizational functions of a good case management program?
14. How can the use of time records prove proper su¬ pervision of paralegals?
13. Why is the maintenance of calendaring dates crit¬ ical to the litigation function?
12. Why must the litigation team carefully track ex¬ penses and time spent on cases?
11. What is the relationship of law office administra¬ tive functions to case management functions?
10. What are some of the parts of a case file?
9. How were documents in complex litigation processed before the use of computers in litigation?
8. What is a data repository and how can it be used in litigation?
7. What is the relationship between office manage¬ ment and case management software?
6. How does the paperless office make it easier for members of the legal team to handle litigation?
5. What are some of the issues in using a trial note- book for the litigation team?
4. How is the trial notebook used in managing a case?
3. What are the tasks involved in managing a litiga¬ tion case?
2. Test your knowledge and comprehension of the topics in this chapter by completing the True-False questions on the textbook Companion Website.
1. Test your knowledge and comprehension of the topics in this chapter by completing the multiple' choice questions on the textbook Companion Website.
3. What are the rules on electronic filing in your lo¬ cal state and federal courts?
2. Are there preliminary steps that must be taken to be able to use electronic filing?
1. Are there dangers in using electronic filing at the last minute?
3. Prepare a memo to explain the issues in using an outside service bureau to scan the office files.
2. Prepare a list of suggested hardware and software that will be required if the firm implements a pa¬ perless office solution. Use the Internet to obtain a list of items ranked by speed and cost for consider¬ ation by the managing partner.
1.Prepare a memo to the partners of the firm about the advantages and disadvantages of the paperless office.
3.Use the Internet to determine if your state has an electronic filing system in place. What is the URF for the site for filing? Is there any online training? Is there any training available or required to use the system?
2. Find and download a copy of the Adobe Acrobat 9 for Fegal Professionals white paper.
1. Complete the federal court system tutorial for us- ing the CM/ECF system for filing.
20. Prepare a comparison list of features of software that can be used to create PDF documents.
19. How can PDF documents be made more secure?
18. How can members of the legal team learn how to use the federal court’s system for electronic filing?
17. What system is used by the federal courts for elec¬ tronic filing?
16. What is OCR and what are its uses in the law office?
15. How is a scanner used in the paperless office?
14. What is the difference between Adobe Acrobat and Adobe Reader?
13. What are some of the advantages in using the PDF format?
12. What is meant by user-level security?
11. How can an ethical wall be “built” around docu¬ ments in the paperless office?
10. Explain the concept of the electronic notary.
9. Describe the hardware and software issues in scan¬ ning documents.
8. Describe the types of formats used in electronic documents.
7. Describe issues in court-related electronic filing.
6. Discuss the ethical considerations in the paperless environment.
5. Explain the need for an organized filing system for electronic documents.
4. Define what is meant by the term paperless office.
3. Describe the features of the paperless office.
2. Test your knowledge and comprehension of the topics in this chapter by completing the True-False questions on the textbook Companion Website.
1. Test your knowledge and comprehension of the topics in this chapter by completing the multiple- choice questions on the textbook Companion Website.
4. Use the Contacts template in Access 2007 to ere- ate a database of the clients in the case study in Appendix 1.
3. Prepare a list of individual databases that should be set up with the records and fields to manage the case in Appendix 1.
2. If you are using Access 2007, copy the table from Chapter 6 that was pasted into the spreadsheet in Chapter 7 so the column headings become the fields in the Access 2007 database.
1. Prepare a database for the information in the case study in Appendix 1.
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