Technology & Litigation

Be prepared:  I'm going to get on a bit of a soapbox.  I read a recent article at WSJ.com entitled "Using Social Networking as  Legal Tool" (Linked Below).  There is nothing wrong with this article.  It very succinctly and pleasantly explains how certain law firms are using social networking and the Web to find clients for high-value plaintiff cases.  And I don't disagree with that approach.  As an attorney posting on a blog, I too hope to use social networking to get business, and would be foolish to argue otherwise.  Thus, I cannot fault the firms employing such tactics.  And I am glad that a more "mainstream" press outlet would pick up a story of this nature; highlighting the use of technology by lawyers.

The fault that I find, and what, frankly, irks me, is that this article gives no credence to the more innovative aspects of technological use that are gaining hold in the legal community.  The article highlights the practice of "ambulance chasing" for the 21st Century.  But there is so much more happening in the cyberworld.  Legal scholars like Eric Goldman are posting daily with the new and interesting ways that technology litigation and cyberlaw are being explored.  Courts are posting their opinions on-line to further the pursuit of knowledge by the populace.  Courts and communities are moving to on-line activity such as filing and case work to speed up the legal process and reduce our environmental impact.  Technology legal counsel throughout the world are espousing the virtues and pitfalls of cyberlaw.  Property rights are being generated in virtual worlds.  Privacy litigation is defining what can and cannot be exposed in the real and virtual worlds.  Software litigation is defining what can and cannot be done with these wonderful bits and bytes of information.  Cloud computing law is going to dominate the future courtrooms of the world as more and more data is put into the cloud.  All of these things are happening now.  

Our world is becoming a smaller place as we all become more connected, and lawyers are at the forefront of those debates and discussions.  Yes, I think it is very interesting that Law Firm X has 25 people on staff twittering and establishing domain names so that sufferers of acute hypersensitivity can find a law firm willing to represent them.  PLEASE don't misunderstand me because I believe that allowing those people to easily find representation IS IMPORTANT.  But it is not the only thing that is happening out there in the cyber-ether.  Instead of focusing on the new and novel way that lawyers are getting business, let's shine light on how those in the legal community are using the Web to define, explain and expand our world.

WSJ article: (online.wsj.com/article/SB10001424052748704324304575306581598351428.html