The Legal System and Technology in the 21st Century

Technology has linked its way into just about every facet of human lifestyles. For your edification, this continuing discussion, as well as an addition to previous study formats. In offering this informational passage, the legal system is just one more profession that has been conquered by technology.

We are aware of the court stenographers and PC's that record and track our legal system, but what about the C.G.A. System? The Computer Generated Animation Presentation can be admitted into our American Court System. Admissible Evidence in criminal trial(s) has been recorded as a precedent case ruled on by the Supreme Court. As reported by Asher Hawkins, of the Legal Intelligencer, differing arguments by six Pennsylvania Supreme Court Justices concluded that a Lackawana Common Pleas Judge properly admitted the use of CGA during a first-degree murder case in 2002. CGA has been portrayed on various television shows such as CSI Investigation(s) and Crime 360.

Content Management System

Justice Sandra Schultz Newman wrote, "Society has become increasingly dependent upon computers in business and our personal lives..." She went on the say, "With each technological advancement, the practice of law becomes more sophisticated and commensurate with the need to shed any techno phobia and become more willing to embrace the advances that have the ability to enhance the efficiency of the legal system."

Prosecutorial teams, including Forensic Pathologists and Crime Scene Reconstructionists presented a murder case to the jury; the prosecutor's version...the defendant did not possess and/or have access to this tool. One argument against this procedure in court is of a defendant, a poor person, is able to commission an equivalent production. In other words, would the defense be able to match the expenses associated with the prosecutions presentation to the court? Another justice suggested it would be wiser to exclude CGA evidence if an indigent or poor defendant could not afford the costs of "equivalent production." The basic cost could be upwards of ,000.00. Another legal professional commented on whether the cost(s) of CGA was worth the expenditure. The justices also took note on the fact that CGA's are becoming increasingly less expensive to produce and could be a vital tool in the rapid expedition of court cases. In any case, pre-trial motions that include CGA evidence should be treated with respect. Jury instructions and indigent (lacking food, clothing, and other necessities of life because of poverty; needy; poor; impoverished, destitute) defendants are needed with the court's permission for the presenting of such evidence.

The judges position was to make certain that Computer Generated Animation was fair and accurate while permitting defendants an opportunity to challenge its foundation. It has also been noted by the justices, to make clear to the jury that it was not meant as a re-enactment or simulation, but merely an expression of opinions formulated by expert witnesses. Another justice stated his position..."I think it's a valuable tool, but a tool that needs to be used sparingly. I don't think it's necessary in every case." Newman also wrote, "The difference is one of mode, the law does not, and should not; prohibit proficient professional employment of new technology in the court-room. This is, after all, the 21st century."

Each state has its own court system. There's also a system of federal courts. Decisions made during adjudication by federal administration agencies may be appealed to a federal court. Similarly, decisions made by state administrative agencies may be appealed to a state court. The definition for adjudication (adjudicate) is to render a judicial decision. In the administrative process, the proceeding in which and administrative law judge hears and decides on issues that arise when an administrative agency charges a person or a firm with violating the law or regulations enforced by the agency. An administrative agency is a state or federal government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts.

Typically, a state court system will include several levels, or tiers, of courts - (a) trial courts of limited jurisdiction, (b) trail courts of general jurisdiction, (c) appellate courts, and (d) the states highest court (often referred to as the State Supreme Court). Anyone who is party to a lawsuit has the opportunity, and/or right, to plead his/her case before a trial court and then if he/she loses, before at least one level of appellate court. Furthermore, if a federal statute of federal constitutional issue is involved in the decision of the State Supreme Court, that decision may be further appealed to the United States Supreme Court.

Have you ever wondered, with all the juris prudence (the science or philosophy of law, a body or system of laws, a department of law, Civil Law. decisions of courts, esp. of reviewing tribunals) activities flooding the land, how could the legal system function without technology?

Monica Bay, of Law Technology News, reported of lawyers at small firms, especially solo practitioners, have resisted adopting practice/case management (CMS) software - even though there's no doubt that it can help firms deliver faster, better, and cheaper services to their clients. Several observers suggest that the initial threshold of setting up a management system intimidates firms. A software consultant, Tom O'Connor said, "Everybody loves technology but hates installing it."

Project Management has not been a topic stressed in many schools, according to an independent IT consultant from Minneapolis. A successful project management is dependent upon a large network of personnel. An effective Electronic Data Discovery (EDD) Project Network includes: clients, partners, legal IT staff, associates, paralegals, inside counsel, service providers, and technical experts. Without a doubt, the use of (PM) Project Management to mitigate risk while delivering consistent, quality results that represents significant benchmark(s) in the maturing process of the EDD environment.

Used in many corporations to increase productivity, quality control programs such as Sigma Six, have been generating interest. Understanding why and where problems occur has a great impact on the decrease in mistakes. The application of these principles and practices on Electronic Data Discovery processes improve a lawyer(s) result(s) with increased quality and decreased costs. Reasons for rising interest in Project Management are recognition in the success depends on effective management.

Mitigating risk and lowering cost by applying "Electronic Discovery Techniques" offered a myriad of considerations, for example, matching time tables, securing outside IT experts, propose and follow "E-Discovery" protocol, engagement of a special master to monitor compliance and resolvement of disputes, use of checklist(s) containing critical steps and reminders for every step in and of a project, working service providers, working with attorneys to find answers to the right questions, as managing vendors require special attention to service level agreements (SLA'a).

Meanwhile, discover these definitions/terms of legal jargon that may help you in your administration, business, everyday life, and tech studies:

Subrogation - any right a creditor has against a debtor now becomes the right of surety. Inclusive are creditor rights in bankruptcy, rights to collateral possession by the creditor, and rights to judgments secured by the creditor - the surety now stands in the shoes of the creditor against the debtor.

Indemnification - The right to pursue guaranteed reimbursement/payment to a director for legal costs, fees, and/or judgments involved in defending corporations - (clients) related law suits. Simply put the right to compensation for services as directors (representatives/attorneys).

Habeas Corpus - held against your will - against your constitutional right(s), a writ requiring a person to be brought before a judge or court, esp. for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment, one of a variety of writs that may be issued to bring a party before a court or judge, having as its function the release of the party from unlawful restraint.

Writ - a legal order, a document of the court.

Tort - personal injury, a civil wrong not arising from a breach of contract...a breach of a legal duty that proximately causes harm or injury to another.

Posterity - the offspring of one progenitor to the furthest generation; descendants; all future generations; succeeding or future generations collectively; Judgment of this age must be left to posterity; all descendants of one person.

HIPPA - The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to ensure that personal information stored, accessed or processed adheres to a set of guidelines or "security rules." These rules outline security measures that should be implemented to adequately secure all electronic protected health information (EPHI). LogRhythm directly meets some HIPAA requirements, reduces the cost of complying with others, and it features out-of-the box HIPAA reporting packages.

SOX - require public companies to create, monitor, and manage controls over many aspects of their financial reporting. Some companies have found that such transparency doesn't come easily. The rules require not only new processes, but also fresh tools that can determine whether systems and reporting standards are up to snuff. In general, SOX applications can be classified into three main market segments, according to Forrester Research. Those in the enterprise-application space include Oracle and SAP; IBM and Stellent fall under the enterprise-content management (ECM) heading; and OpenPages and Paisley Consulting are considered specialists, competing with Certus, HandySoft, and other pure-play vendors.

Where is it that technology hasn't reached? Are the courtrooms truly behind in technology? Are they out of the loop as are many "non-techie" or poor people are? The "Great Technical Divide"...go figure!

After all, this is the 21st century.

Til next time...

by

Gregory V. Boulware

3.16.10

The Legal System and Technology in the 21st Century

The Top 10 Tools For 21st Century Career Success

Career success isn't rocket science - it's a simple 3-step process. (1) Know what you want to achieve. (2) Define what success looks like (how will you know you achieved it?) and (3) Take action. The more you do, the faster you'll get there.

Circumstances do not make or break success. It's determined by believing you can achieve your goals; by adopting specific, more useful patterns of thinking; and by preparing yourself mentally and physically to develop the habits of success. Success may be an "inside job" but it still requires a lot of work! Here are ten tools to help you more easily make your mark.

Content Management System

TOOL #1: A contact relationship management (CRM) system

Everyone is a job seeker. Some are active job seekers; others are passive ones. Passive job seekers become active job seekers every 3 to 5 years. If you are a student now, the US Department of Labor estimates you will have 10-14 jobs by age 38!

Looking for work can be grueling. Don't spend valuable job search time trying to invent an organizational system. Get yourself a great contact relationship management (CRM) tool called JibberJobber instead. It's free and lets you track all the critical information you collect during a job hunt and when networking.

Track companies you apply to or think you'd like to work for someday. Track each job you go after and log the status (date of first interview, thank you letter sent, etc.). Jibberjobber has great reporting tools and offers excellent advice too. Setting up a CRM puts all your critical information in one place where you'll have access to it for your entire career!

TOOL #2: A professional online presence (your web site, MySpace, and LinkedIn pages)

Employers are now using the internet to find and qualify new hires. At the very least, you should have your own name reserved as a web site domain name where you can post an online version of your resume and other pertinent career information.

Many domain registrars have low sign up and hosting fees and offer tools for building a web site that require no technical expertise. For example, my web site, lindalopeke.com, was built in a single weekend using only the service provider's web page templates. It costs just .35 per day to make up-to-date information about my career and my resume instantly available to anyone. No more mailing or photocopying expenses!

Having an online presence makes you stand out from your competition. Start by reserving your domain name. If you have a common name, like John Smith and the domain is not available, try a variation such as MrJohnSmith.com or MsJaneDoe.com. If that doesn't work, try adding your initials, profession or city (e.g., JSmithArchitect.com or JaneDoeMiami.com).

Create free myspace and linkedin pages designed to market yourself professionally not socially (and don't forget to screen your "social" pages for career-killing content).

Check your "Google factor" periodically. Search for your own name and see what comes up! As you grow in your career, so too will your online presence. However, always remember, "What goes on the net, stays on the net!" so keep that in mind when posting in favorite blogs and forums.

Video resumes are becoming increasingly popular but can work against you if you aren't careful in what you do and say in them. If you decide to do one, get professional help with it (services are available for TOOL #3: A good headshot

You need a professional headshot (not a "glamour" shot) when you are promoted to the higher ranks. Investing in one now will have you moving up even faster. Have a good black and white and a color digital photograph created in both high-resolution (300 dpi) and low-resolution (72 dpi) files available at all times.

Update your headshot every 2-3 years. Initially, you'll use it on your resume and business card (the ones you create for yourself). Eventually, you'll use it in other places where you are building your success brand. For example, to show next to articles you write for your company newsletter. Always control your image where you can.

TOOL #4: An hourglass (the ultimate uncomplicated personal productivity tool) Time easily slips away. An hourglass quietly reminds you of this. Displaying a classy hourglass (or collection) is guaranteed to get you noticed and remembered for being conscientious about personal productivity!

Self-imposed time limits help you focus better and produce more. And to get the most out of the workday, you must stop wasting time. This simple tool has an amazingly powerful impact on your productivity when used to help you be more aware of passing time.

Hourglasses come in sizes from 3 minutes (egg timer) to 90 minutes. In SmartStart we use a 3-minute timer to limit time spent on phone calls and answering routine email. And we use a longer one for tasks requiring more time and concentration.

TOOL #5: A chess set (secret weapon of the world's best team builders)

Forget about candy dishes and donuts for in-office networking and team building. Display a great-looking chess set instead! Put it in an open spot near your work area. Use a picture frame to display a sign that says "Get in the game!" and lists a few simple rules for players passing by. The only rules you need to post are:

Anyone can play and After making a move, please turn over the black/white card so the next passer by knows which color chess piece to move. (Then have a card next to the chess board that says "White goes next" on one side and "Black goes next" on the other.)

You'll be amazed how many people participate in this open match. You'll give yourself and your department or team a good name throughout the entire company. Plus, everyone who plays will be sharpening strategic thinking and problem solving skills! This promotes team harmony and reinforces that everyone is on the SAME team while advancing your success!

TOOL #6: A networking kit (containing breath mints, your goal card, a business card case and cards, an image-enhancing pen and small notepad, and "signature" stationery)

Networking is not something you do when looking for work or favors. It's something you do every day. And your network is not all the folks whose business cards you have or whom you've entered in your CRM tool--your network is the people who would take and/or return your phone call! It is going to take some effort and advance preparation to grow your network. That's what your "networking kit" is for.

Don't take a chance on leaving a bad first impression because your breath is stale or offensive. Pop a subtle breath mint before making social rounds.

Before attending networking events set 3 goals. Write them down and review them before launching yourself onto the scene. The first goal could be how many strangers you plan to meet; the second how many things to learn about each new connection; and the third might be how many connections/reconnections to follow up on before leaving.

You need a great business card, even if you have to get it made yourself. Most business cards (90%) are thrown away. Yours will be kept if you make it, the conversation, and the card exchange more memorable.

Use both hands to present your card to someone you've just met (it makes the gesture feel special and you more memorable). Always speak in good taste when exchanging cards (pass along a compliment and avoid making boorish comments or using bad language). Never write on a business card you receive in the person's presence (it's rude); leave the room or immediate area before putting your memory-jogging facts on the back.

Carrying around your business cards without a protective case is like throwing your laptop into the car naked. You need a case to keep your business cards safe, neat, clean and handy. Talking with strangers can be nerve-wracking; however, when you have an unusual business card case it can be a handy conversation starter. I carry two; one for my own cards and one reserved for business cards I collect.

Discipline yourself to follow up. Exchanging business cards is not networking; developing relationships with those you meet is. Use your image-enhancing pen (which does not need to be expensive) to make notes to help you follow up in a meaningful way, then send personal handwritten cards to those you want to stay connected to over time.

TOOL #7: "Signature" stationery

Fine stationery enhances your professional image and is a wise investment. It takes little effort to develop your "signature" style. Before selecting affordable items at local retailers, get familiar with options offered by a specialist in high-end stationery.

If you study the "Executive" offerings at Stationery Studio you'll see many designs that support your desired professional image without sacrificing personal style. Use their virtual tool to experiment with different lettering styles, ink colors, design motifs and envelopes with tissue linings. When you've found something you like, print it off and go shopping. Look for similar items to purchase at lower cost. Once you've chosen your "signature" stationery, use it consistently to keep in touch with those in your network. It becomes your trademark.

TOOL #8: A success library and toy box

Successful people read. A lot. Carry your books around in audio files on your iPod or set aside a special bookcase at home but do create your own library of personal development materials. (A minimum of 10% of your workweek should be spent in "learning" mode.)

A well-stocked personal success library includes: biographies and autobiographies of people you admire, collections of inspirational quotations that appeal to you, foundational texts that shape your thinking, reference texts that build your skills in specific areas (language and communication, technology, other key areas of professional interest), and other books of personal interest (both classics and current best-sellers).

In your "toy box", you can have any number of cool items such as Brain Age (an electronic game), puzzles (crosswords, sudoku, and brainteasers), ThinkerToys, brainstorming and mindmapping aids and other tools for sharpening your mental reflexes. These make for great entertainment when you just don't feel like reading on your commuter train or while waiting around in airports, traveling on business, or being stuck in dreary hotel rooms.

TOOL #9: A membership in toastmasters Toastmasters is not exaggerating when they say "your success in business is based on how effective you are". The higher you go, the more your communication skills are on display. By participating in Toastmasters programs people from all backgrounds develop and enhance their vocal power.

Start preparing now in the arts of speaking, listening and thinking! These vital skills promote self-actualization, develop confidence and self-esteem, enhance your relationships with others, and position you for making significant contributions to your employer and the world. A membership in Toastmasters is a personal growth experience you won't regret.

TOOL #10: A personal stylist

Your image is part of personal branding. The world is full of people with good degrees who are completely lacking a sense of style. You only get one chance to make a great first impression and doing so is a necessity for winning in the competitive business world.

Investing in the services of a personal stylist costs less than you might think, pays big dividends, and is of great benefit when you:

are about to make your "debut" in the corporate worldwant to change careers and work in a different industry or sector want to move from a technical role to an operational oneperform well and have excellent reviews but just aren't getting aheadwant to strategically position yourself for a higher rankare faced with a life-changing transition (pregnancy, divorce, etc.)are about to begin working in a country or with a culture you weren't born into

Professional stylists are objective about what really suits your coloring, body shape, and the business image you must project. You do not need to spend a fortune to look great; it is possible to spend a fortune on garments that only hold you back from getting ahead.

Working with an expert to develop your style is empowering. Taking time out to develop or refresh your style and update your professional look can reenergize a flagging sense of self and kick start a stalled career. When you know you look your absolute best you carry yourself differently, with more confidence. People feel that energy and perceive you as even more capable. The medium is the message; never second-guess your style!

While these are all excellent and highly recommended tools, the one tool that tops them all is a personal mentor.

THE TOOL THAT TOPS ALL: A personal mentor

Sometimes, what you can't see keeps you from achieving your goals. Having a mentor gives you access to information otherwise not available to you. A coach may tell you what to do but a mentor will also tell you why. That makes a good mentor priceless!

Even the best university education can leave you unprepared for handling the substantial emotion and cultural politics that exists in all organizations. Everyone needs a "safe harbor" when self-doubt and fear are rocking the boat and a steady, experienced hand to guide them at the wheel when negotiating foreign waters.

A mentor shares personal experiences and helps you create new learning opportunities. S/he can also connect you to other resources that help advance your goals or serve your needs if they are beyond the mentor's expertise.

Many business rules you'll be judged by are unspoken or require translation to be fully understood and usefully applied. Often only a mentor will tell you the truth or rise to your defense in a sticky situation. If you're lucky, you'll have more than one in your lifetime. Cherish them all and honor them well for shortcutting learning and helping you succeed.

All of these tools are readily available and anyone can use them. The question is, how many will you put to work for you?

The Top 10 Tools For 21st Century Career Success