Test Bank & Solution Manual for Technology in the Law Office, 4E Thomas F Goldman

Type:

Test Bank and Solution Manual

Resource:

Technology in the Law Office

Edition:

4th Edition

Author(s):

Thomas Goldman

Online Instructor’s Manual with Testbank

for

Technology in the Law Office Fourth Edition

Thomas F. Goldman, JD Attorney at Law Professor Emeritus Instructor’s Manual and Testbank prepared by

Liz Canapary

Pearson Boston Columbus Hoboken Indianapolis New York San Francisco Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo

1

Table of Contents Syllabus

4

Chapter 1 Technology in the Law Office

8

Chapter 2 Ethics and Professional Responsibility in a Technology Age

21

Chapter 3 Computers in the Law Office

40

Chapter 4 The Internet, the Cloud, and Communications

57

Chapter 5 Word Processing

73

Chapter 6 Spreadsheets

87

Chapter 7 Electronic Databases

97

Chapter 8 Utilities, Applications, and Tools

109

Chapter 9 Office Management Software

121

Chapter 10 Case Organization and Management Software

134

Chapter 11 The Changing Face of Discovery and the Basics of E-Discovery

144

Chapter 12 Evolving Issues in E-Discovery

161

Chapter 13 E-Discovery – The Process

170

Chapter 14 Analysis and Review of E-Discovery

183

Chapter 15 The Electronic Courtroom

196

Chapter 16 Presentation and Trial Graphics

203

Chapter 17 Electronic Trial Presentation

213

Testbank

222

3

Sample 10 Week Syllabus Legal Technology Professor: Office: Telephone: Email:

Class Meeting Room: Class Meeting Time: Office Hours:

REQUIRED TEXT: Goldman, Tom (2016). Technology in the Law Office, 4th edition. New Jersey: Pearson.

COURSE DESCRIPTION: This course will provide a general introduction to the use of computers and legal specialty software in the modern law office. It includes hands-on computer exercises using professional software programs frequently used in the law office by paralegals.

COURSE OBJECTIVES: Upon successfully completing the course, students will be able to: 1. Describe the impact and use of technology by the legal profession and the courts.

2. Explain the ethical issues in using technology in the practice of law.

3. Describe the different types of software and hardware used by the legal team.

4. Explain the use of the Internet and cloud computing in the law office and the courthouse.

5. Describe how to use word processing tools and specialty features.

6. Describe how to use spreadsheet programs and create specialty spreadsheets for use in the law office.

7. Explain the functions and uses of databases in the law office.

8, Describe how technology can improve efficiency and effectiveness in the legal workplace.

9. Explain the value of office management programs for the efficient operation of the law office.

10. Describe the value and use of case management programs.

11. Explain how technology has changed discovery practice.

12. Describe the obligations and issues in the preservation of electronically stored information and the potential sanctions for its spoliation.

13. Explain the electronic discovery process and the issues in discovering relevant electronically stored evidence.

14. Describe the ethical issues in the review of electronically stored information.

15. Describe the elements of the electronic courtroom and their uses by the legal team.

16. Explain the value of the use of graphics in litigation and create a PowerPoint presentation.

17. Describe the use of trial presentation programs and create an electronic trial 4

presentation.

CLASS SCHEDULE: Week

Topic

Chapter Assignment

Week 1

Technology in the Law Office: Introduction to the Course

Chapter 1

Week 2

Legal Ethics in a Technology Age

Chapter 2

Week 3

Computers in the Law Office, the Internet, the Cloud and Communications

Chapter 3, 4

Week 4

Word Processing, Spreadsheets and Databases

Chapter 5-7

Week 5

Utilities, Applications and Tools

Chapter 8

Week 6

EXAM 1;

Test includes material in Chapters 1-8 Chapter 9

Office Management Software Week 7

Case Organization and Management Software

Chapter 10

Week 8

Introduction to Electronic Discovery, Basic Concepts and Evolving Issues

Chapters 11-12

Week 9

Electronic Discovery Continued: Process, Procedures, Analysis and Review

Chapters 13, 14

Week 10

The Electronic Courtrooms and Graphics and Trial Presentation

Chapters 15-17

FINAL EXAM WEEK

EXAM 2

Covers material in Chapters 9-17

5

Professor: Office: Telephone: Email:

Sample 16 Week Syllabus Legal Technology Class Meeting Room: Class Meeting Time: Office Hours:

REQUIRED TEXT: Goldman, Tom (2016). Technology in the Law Office, 4th edition. New Jersey: Pearson.

COURSE DESCRIPTION: This course will provide a general introduction to the use of computers and legal specialty software in the modern law office. It includes hands-on computer exercises using professional software programs frequently used in the law office by paralegals.

COURSE OBJECTIVES: Upon successfully completing the course, students will be able to: 1. Describe the impact and use of technology by the legal profession and the courts.

2. Explain the ethical issues in using technology in the practice of law.

3. Describe the different types of software and hardware used by the legal team.

4. Explain the use of the Internet and cloud computing in the law office and the courthouse.

5. Describe how to use word processing tools and specialty features.

6. Describe how to use spreadsheet programs and create specialty spreadsheets for use in the law office.

7. Explain the functions and uses of databases in the law office.

8, Describe how technology can improve efficiency and effectiveness in the legal workplace.

9. Explain the value of office management programs for the efficient operation of the law office.

10. Describe the value and use of case management programs, 11. Explain how technology has changed discovery practice, 12. Describe the obligations and issues in the preservation of electronically stored information and the potential sanctions for its spoliation.

13. Explain the electronic discovery process and the issues in discovering relevant electronically stored evidence.

14. Describe the ethical issues in the review of electronically stored information.

15. Describe the elements of the electronic courtroom and their uses by the legal team.

16. Explain the value of the use of graphics in litigation and create a PowerPoint presentation.

17. Describe the use of trial presentation programs and create an electronic trial presentation.

6

CLASS SCHEDULE: Week

Topic

Chapter Assignment

Week 1

Technology in the Law Office: Introduction to the Course

Chapter 1

Week 2

Legal Ethics in a Technology Age

Chapter 2

Week 3

Computers in the Law Office

Chapter 3

Week 4

The Internet, the Cloud and Communications

Chapter 4

Week 5

Word Processing

Chapter 5

Week 6

Spreadsheets and Databases

Chapter 6, 7

Week 7

Utilities, Applications and Tools

Chapter 8

Week 8

EXAM 1

Test includes material in Chapters 1-8

Week 9

Office Management Software

Chapter 9

Week 10

Case Organization and Management Software

Chapter 10

Week 11

Introduction to Electronic Discovery

Chapter 11

Week 12

Electronic Discovery: Evolving Issues

Chapter 12

Week 13

Electronic Discovery: Process and Procedures

Chapter 13

Week 14

Electronic Discovery: Analysis and Review

Chapter 14

Week 15

The Electronic Courtroom

Chapter 15

Week 16

Graphics and Trial Presentation

Chapters 16, 17

FINAL EXAM WEEK

EXAM 2

Covers material in Chapters 9-17

7

Technology in the Law Office|CHAPTER 1 CHAPTER OBJECTIVE Explain the effect that technology has had on the practice of law

CHAPTER LEARNING OBJECTIVES 1. Explain the use of technology in the law office.

2. Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law.

3. Explain the role of the technology support staff.

4. Describe the need to understand the language of technology.

5.

Identify technologies that can help the legal team collaborate and work more efficiently

Warm up Questions

1. Discuss how your students’ use of technology has changed over the

past several years and how this change mirrors the change in technology in society and in the law office 2. Ask your students to identify some of the ways in which people

communicate with each other in a personal and professional setting.

• • • •

How do you communicate with your boss?

How do you communicate with coworkers?

How do you communicate with your friends?

How do you communicate with your family?

3. Brainstorm with your students about the different tasks performed in a

law office. Include: • Communications • Document Creation • Office Administration • Discovery • Trial Practice DRAW TWO COLUMNS ON THE BOARD

8

PAST____________ Phone Call

Warm up Wrap Up

Learning Objective 1

L.O. # 1 MAIN POINTS

TODAY________ E-Mail

1

Explain that much of what we will learn in the class involves the ways in which law firms and the courts have had to adjust the practice of law to adapt to newer forms of technology.

Explain the use of technology in the law office. ➢ A. Computer devices are being used with greater frequency to share information in digital format ➢ B. The legal team is increasingly using the Internet for more than just pure legal research. ➢ C. The increase in electronic discovery is increasing the demand for skills and knowledge in the use of technology in civil litigation ➢ D. Members of the legal team frequently work from locations other than the firm’s main office,

9

such as a home office, satellite office, or another firm.

Learning Objective 2

L.O. # 2 MAIN POINTS

Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law. ➢

➢

➢

➢

➢

➢

Learning Objective 3

L.O. # 3 MAIN POINTS

A. The legal team must always consider the impact of technology on documents connected with current litigation and on electronic communications internally and with clients.

B. Technology has had a significant impact not only on the ability to retain documents, but also on the ability to find and access those documents.

C. With technology and a big enough budget, all of the paper documents in a case can be scanned electronically, a form that permits electronic searching for relevant and privileged documents.

D. Relevant documents may include emails, text messages or similar electronic communications that are generated and stored in an organization or client’s data server.

E. In recent years, courts, clients and law firms have taken a closer look at how the use of technology can reduce costs and increase efficiencies.

F. Everyone on the legal team must understand the use and the role of various technologies in counseling and representing clients and managing the law firm.

Explain the role of the technology support staff.

➢ A. In larger law offices, corporate legal departments, and government offices, there is usually a technical support staff referred to as the IT (Information Technology) department. ➢ B. Small offices may not have a staff of IT experts, but there is usually an individual responsible for the smooth operation of computers and software. ➢ C. IT specialists understand current information systems; the methods of producing, reproducing, and accessing electronic 10

documents; and the problems that may be encountered in handling documents. ➢ D. The advances in portable computers and wireless technologies have expanded the demand placed on IT departments to support the legal team outside the office. ➢ E. IT staff can offer the best support to the legal team when they are involved early in the process, and when it is clear what the legal team needs to accomplish. ➢ F. There are also many types of independent technology consultants who can provide services with computer, software, and multimedia technology.

Learning Objective 4

L.O. # 4 MAIN POINTS

Describe the need to understand the language of technology.

A. The technology world also has developed its own lexicon.

B. The legal team and the technology support team must learn each other’s language in order for one team to communicate its needs and solutions to the other. ➢ C. In some cases, each group thinks it is communicating to the other, but in reality, the words used by one group may have a different meaning to the other group. ➢ D. To obtain the best service from the consultant, the legal team must speak the same language as the consultant when defining the scope of service and the desired results.

E. Understanding the differences in terminology is essential to working together effectively and meeting the needs of clients. ➢ ➢

Learning Objective 5

L.O. # 5 MAIN POINTS

Identify technologies that can help the legal team collaborate and work more efficiently

➢

A. Advances in computer technology are providing solutions to help law offices deal with the constant pressure to be more productive and costeffective.

➢

B. Many law firms and their clients currently use videoconferencing on a

regular basis as a method of “face-to-face” communication when parties are at remote sites, such as depositions, hearings or conferences.

11

➢

C. With voice recognition software, it is now possible to dictate working

drafts of legal documents directly into almost any other program, including word processors, spreadsheets, and databases, without touching a computer keyboard. ➢

D. Remote access allows members of the legal team working on cases

out of the office to connect with the office file server or other Intent data repository to retrieve documents, work on them, and send them to other members of the legal team or clients anywhere in the world ➢

E. Remote collaboration involves members of the legal team and clients

at multiple locations working together as if they were in the same physical location ➢ F. Cloud computing has emerged in which all files are maintained on a centralized or cloud server, like Microsoft OneDrive or DropBox.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. Prepare a detailed list of the ways technology is used in the law office and the courts.

ANSWER: Answers may vary greatly, but lists may include the following items: Word processing – Document preparation Electronic spreadsheets – Financial calculations and financial presentations Time and billing programs – Record accurate client time and billing Accounting programs – Manage firm financial records, payroll, and client escrow accounts Calendaring – Deadlines, appointments, and hearing dates Graphic presentation software – Prepare persuasive presentations Trial presentation software – Organize trial presentations Internet search engines – legal information and factual information to support a case Databases – Maintain records and documents Document scanning – Convert documents to electronic format Document search features – Locate relevant material in documents and exhibits E-mail and document delivery – Electronic communications Remote collaboration -- Working collaboratively from multiple locations 2. How can law offices use computers to share information?

12

ANSWER: A computer network allows those within the office to share information and work on files without being in the same physical office. An Internet connection for the network will allow those working outside the office to access the file server in the office. The legal team can also work collaboratively from multiple locations as if in the same physical location through software conferencing programs.

3. How can the Internet be used to attract new business for the law office?

ANSWER: The firm can advertise on the Internet, social media, or maintain a website that provides information about the law firm, the attorneys who work there, and the areas of practice in which the firm concentrates. In addition, attorneys can use the Internet to provide summaries and commentary of recent decisions and changes in the law.

4. How has the use of technology changed the skills needed to work in a law office?

ANSWER: As technology has increased, the law firm has relied on that technology to enhance its productivity and cost-effectiveness. Successful employees are those who have familiarity with equipment and software typically used in the law firm. A solid understanding of the language of technology will assist in better communication with information technologists.

5. How can the computer help members on a legal team work together when they are not in the same physical location?

ANSWER: A network that permits remote access allows the members of the legal team to work together on the same documents. Video conferencing allows face-to-face meetings with members of the legal team when they are unable to be in the same location. Online collaboration tools allow individuals to work collaboratively from disparate locations.

6. Explain, with examples, how the Internet is used today by law offices and the courts.

ANSWER: The internet is increasingly used to conduct both factual and legal research. Most government information can be obtained through the Internet, including civil and criminal docket sheets, corporate filings, as well as information published by federal administrative agencies and state 13

and local governments. Digital files are shared using the Internet, as well as CDs, DVDs, and attachments to emails. In addition, law firms are using the Internet to create websites, market their services and to provide summaries and commentary on recent legal rulings. Finally, the Internet is used to file documents electronically with the court and to receive notifications of upcoming trial, arbitration and hearing dates.

7. Why does the legal team need to have a working familiarity with computers and the different types of computer software programs? Give examples.

ANSWER: New federal court rules and case law governing electronic discovery and electronically stored documents is creating demand for new skills and technical knowledge regarding the application of technology in litigation. Increasingly the legal team must be able to cooperate with technology professionals to maximize efficiency in obtaining and handling client and trial data electronically.

8. How have the new Federal Rules of Civil Procedure impacted the legal profession?

ANSWER: The federal rules acknowledge the role of electronically stored information and the impact it has on litigation. For the legal team, this means developing an efficient way to sort through hundreds of thousands of electronic documents to find those that are relevant to the case, while also protecting the client’s interests. Software can assist the legal team in sifting through the documents to comply with discovery rules without jeopardizing the client’s interests, such as protecting trade secrets and other confidential information.

9. What is the role of the information technology department in a law office?

ANSWER: The information technology (“IT”) staff handles matters regarding the use and implementation of technology, especially computers and software. In smaller offices, there may be a person who is unofficially responsible for the same type of support.

10. How can “hotspots” be used by the legal team?

ANSWER: A hotspot is a wireless access point, often in a public area. This access point can allow a team member to connect with the office network to send or receive documents, or collaborate remotely with other members of the team.

14

11. Why is it necessary for the members of the legal team to be able to communicate with others in a support or user position about technology as it relates to the legal community? Give examples.

ANSWER: Members of the legal team and the members of the technology support team must learn each other’s language in order to effectively meet the needs of clients and work together effectively.

They must be able to sufficiently describe the problem to be addressed so the information technologist can create a solution. They must have a common understanding of the terminology of technology, such as the names of particular computer features or functions, or the names of types of networks, applications, or hardware.

12. Why is the quantity of documents increasing in litigation?

ANSWER: Electronic documents can now be created, stored, and distributed with a single keystroke. For example, a single email sent to an individual’s address book can result in hundred of copies of that email, as well as hundreds of replies from recipients. Critical evidence could be buried within those documents, so all must be produced and reviewed. In addition, electronically stored information has reduced retention costs.

13. How has technology changed the roles of the members of the legal team?

ANSWER: Many tasks are now accomplished electronically, reducing the number of necessary employees.

Technology has changed the ways that documents are created, stored, disseminated, and filed with courts and agencies. Many attorneys use computers to create or revise documents, thus reducing the demand for secretarial staff. Files and documents are now stored and retrieved electronically, reducing the demand for file clerks. Documents are filed with the courts electronically, eliminating the need for those who provide filing services.

14. Why would a law firm use an outside technology support firm?

ANSWER: Outside technology support would be appropriate when it is more cost efficient than using law office staff for a particular task. An enormous task might tie up too many people in the office.

Additionally, in-house personnel may lack the knowledge or expertise for the particular project, making outside assistance necessary.

15

15. What are the underlying reasons for the difficulty some legal team members may have in communicating with the IT staff?

ANSWER: The field of law has developed its own lexicon of terms that enables those in the legal community to communicate effectively and with precision. The technology world also has developed its own lexicon. The legal team and the technology support team must learn each other’s language in order for one team to communicate its needs and solutions to the other. In some cases, each group thinks it is communicating to the other, but in reality, the words used by one group may have a different meaning to the other group. In addition, the IT team needs sufficient time to develop a solution. Often the legal team waits until the last minute to advise the IT staff of the problem.

16. Do the members of the legal team need to know everything about the computers and software they are using?

ANSWER: It is helpful to understand the basic concepts and be able to communicate with the IT side of the legal team. The legal team also needs to be aware of what they do not know, so they know when to ask for help and to whom their questions should be directed.

17. How can a member of the legal team learn about the technology used in the law office? Give specific examples.

ANSWER: Co-workers with technical knowledge may be willing to assist. Books and guides for using hardware and software are often available. Most software has help features and online services to assist the user. Training may also be provided by an outside company contracted to provide support services, a manufacturer’s or software vendor’s help desk, or conventional classes or webinars.

18. How will videoconferencing change the way law is practiced in the future?

ANSWER: Video conferencing will make it possible to conduct much of the business of a law firm, such as interviewing clients and witnesses, meeting with opposing counsel, and conferring with members of the legal team from remote locations. In some courts, hearings in certain types of proceedings may be conducted using video conferencing, thus eliminating the need for parties and attorneys to travel to court in those instances.

16

19. Is it realistic for members of a legal team to work from home?

ANSWER: It is becoming more and more realistic to work from home in many situations, provided there is sufficient access to files and the ability to communicate with clients remotely.

Building Your Professional Skills 1. Use an Internet search engine to find an article on the use of outsourcing in the legal community.

ANSWER: Answers will vary, but articles should specifically address how outside services can help legal professionals, and in what situations outsourcing is appropriate, as well as possible concerns posed by outsourcing.

2. Locate at least three Internet resources on technology used in law practices. Save the Internet addresses for future use.

ANSWER: Students should be aware that addresses are frequently subject to change. To be useful, such a list should contain the date retrieved, provide a brief description of the content of the web page, and the organization providing the information.

3. Using information available on the Internet prepare a job description for each of the different members of a legal team. Include descriptions of the skills that are necessary to manage a law practice in the age of technology.

Responses will vary, but should emphasis that everyone on the legal team must understand the use and the role of various technologies in counseling and representing clients and managing the law firm. It is necessary for all members of the legal team to understand basic computer concepts and be able to communicate with those who are the experts. Moreover, to be efficient, each user of the office computer system must be trained in the features and procedures of that system.

4. Prepare a memo to the legal team on how the IT department can aid the team and the issues in working together.

ANSWER: Responses will vary, but should explain that IT specialists understand current information systems; the methods of producing, reproducing, and accessing electronic documents; and the problems that may be encountered in handling documents. Some of the issues involved in working together with the IT department may include a failure to communicate effectively.

More specifically, each group may think that it is communicating with the other, but in reality, the words used by one group may have a different meaning to the other group. Finally, IT staff

17

can offer the best support to the legal team when they are involved early in the process, and when it is clear what the legal team needs to accomplish.

Chapter Opening Scenario Case Study Use the opening scenario for this chapter to answer the following questions. A new attorney is having a discussion with an experienced paralegal who has agreed to help him open an office.

1. What are office and legal functions for which technology can be used in a start-up office?

What technologies would best serve those functions?

ANSWER: Answers may vary, but a list of technologies may include the following: Word processing – Document preparation Electronic spreadsheets – Financial calculations and financial presentations Time and billing programs – Record accurate client time and billing Accounting programs – Manage firm financial records, payroll, and client escrow accounts Calendaring – Deadlines, appointments, and hearing dates Graphic presentation software – Prepare persuasive presentations Trial presentation software – Organize trial presentations Internet search engines – Accurate and current legal information; factual information to support a case Databases – Maintain records and documents Document scanning – Convert documents to electronic format Document search features – Locate relevant material in documents and exhibits E-mail and document delivery – Electronic communications 2. What technologies would be most helpful in a litigation practice where the attorney is frequently in court? How would those technologies help a trial attorney be more efficient and productive?

ANSWER: Answers may vary, but should include reliable Internet access and a wireless laptop or tablet. It is also necessary to have a networked system that allows sharing of files and remote access. These tools help an attorney be more efficient by reducing the amount of travel required, and maximizing the use of an attorney’s time at remote locations.

3. What issues are involved in using an outside software, hardware, or Internet consultant in setting up a law office?

ANSWER: One issue is determining the extent of the services to be provided. Will all services be covered by an annual fee, or on an hourly or as-needed basis? The needs of the legal team should be appropriately communicated so that the software, hardware and Internet services will be

18

sufficient. There may also be concerns about the outside consultant having access to confidential client information.

4. Prepare a checklist of minimum software and hardware requirements for a start-up office.

Prepare a second checklist of recommended technology needs. Be specific. Print out and save a copy for future reference.

ANSWER: The answer will vary by student but should include the appropriate number of work stations, a printer, necessary word processing, accounting, database, and office management software, and an Internet connection.

5. What, if any, minimum or recommended items should be added to the list in question 4 for a trial attorney establishing a new law practice?

ANSWER: Minimum items should include a laptop computer or tablet with wireless Internet and network connections, and a network file server in the office.

6. Use the Internet to find the prices for the equipment and software on the checklists in questions 4 and 5. Prepare a budget for acquiring hardware and software for the new law office.

ANSWER: The answer will vary by student, but the resulting budget should provide a “range” from the minimum up to the recommended requirements for the start-up practice, thus enabling the attorney to make appropriate purchases.

Continuing Case Study Questions 1-4 will produce answers that will vary by student.

1. The dates of entry are necessary to determine how old a resource is, since Internet resources frequently change. The list should provide enough information so that it can assist a practitioner as a reference in actual practice.

2. This table should provide practice in timekeeping, and should impress upon the student the economic necessity of accurate time records. The overriding assumption is that in an actual law practice, some time spent may be billable, yet some may not. It is important to provide enough information to capture all billable time, while avoiding charges for non-billable items.

3. This exercise should impress upon students the usefulness of calendaring applications in ensuring that deadlines are met.

4. Encourage students to be imaginative in creating a web page, but also be sure that their product is within the ethical boundaries for attorney advertising.

19

Building Your Professional Portfolio 1. The log of time spent in this course will vary by student but should include detailed and specific descriptions of each task performed using the provided abbreviations. You may want to have students submit the log in increments to ensure that the work is being done accurately and is kept up to date. This exercise can also be used to pinpoint areas that may require instructor intervention, including insufficient or excessive time spent on tasks.

2. Responses will vary by student and jurisdiction, but please impress upon your students that their list of Internet resources is a living document that should be revisited frequently throughout their program to supplement and revise their Internet resources. Many students have showed their list of resources to prospective employers and have continued to use this resource throughout their career.

20

Technology in the Law Office|CHAPTER 2 CHAPTER OBJECTIVE Explain the ethical issues in using technology in the practice of law.

CHAPTER LEARNING OBJECTIVES 1. Define legal ethics in terms of duties owed to the client and the legal system.

2. Explain the difference between the duty of confidentiality and attorney-client privilege.

3. Explain the function of the work product doctrine.

4. Explain the potential consequences of an inadvertent disclosure of confidential information.

5. Discuss the reasons for conflict of interest rules.

6. Discuss the ethical obligation of competency in a technology age.

7. Explain the rationale for the obligations of candor and fairness in litigation.

8. Describe the ethical obligation of appropriate hiring, delegating, and supervising owed by managing and supervising attorneys.

9. Describe the ethical issues in a virtual law office.

Warm Up Questions 1.

Explain to your students that they represent a client involved in a highly-contentious divorce and custody battle.

2.

The client has not spoken to her husband in several months and the husband recently filed a restraining order against her.

3.

The client comes into the office with a USB drive that she claims her husband “gave” to her.

4.

The drive contains several damaging documents, including medical records and financial information.

21

5.

Brainstorm with your students regarding the ethical issues implicated in this scenario

6.

Can the legal team use the documents from the USB drive if they suspect that they were stolen?

7.

Does the legal team have a duty to investigate where the documents came from?

8.

How does the duty of confidentiality fit into this scenario?

Warm Up Wrap Up Explain that this chapter addresses the ethical issues in using technology in the practice of law and will help us to answer the questions posed in this exact scenario. Depending on the sequence of courses, most students will already have had some exposure to ethics concepts such as conflicts of interest, confidentiality, and candor toward the tribunal. They may also have some understanding of the evidentiary rules concerning the attorney-client privilege and the work-product doctrine. Because of the importance of ethics in the practice of law, this chapter will review these broad concepts again.

Here, however, the impact of technology on these rules is considered.

The student will learn how technology affects these important rules, and how these rules apply to the technology they will use in the law office.

Learning Objective 1

Define Legal Ethics in Terms of Duties Owed to the Client and the Legal System.

L.O. # 1 MAIN POINTS

➢ A. In the field of law, the rules that members of the profession are expected to follow are referred to as “the rules of ethics” or “the rules of professional responsibility.”

22

➢ B. With only a few exceptions, most states have adopted some form of the American Bar Association’s Model Rules of Professional Conduct (MRPC).

➢ C. Members of national paralegal associations, such as the National Association of Legal Assistants (NALA) and the National Federal of Paralegal Associations (NFPA), also have ethics guidelines.

➢ D. Many nonlawyer members of the legal team may not be familiar with what ethical obligations they have and how the ethics rules are to be followed and enforced.

➢ E. Under Rules 5.1 and 5.3 of the Model Rules of Professional Conduct, the supervising attorney has the obligation to supervise all who work on the case for him or her, including their ethical conduct.

➢ F. The ethical obligations of the legal team include confidentiality, competency, avoidance of conflict of interest, supervision, candor and fairness.

Learning Objective 2

Explain the Difference between the Duty of Confidentiality and Attorney-Client Privilege

L.O. # 2 MAIN POINTS

➢ A. While confidentiality is an ethical obligation, privilege is a rule of evidence.

23

➢ B. Everything the lawyer or other members of the legal team learn about the case from every possible source is to be kept confidential.

➢ C. In contemporary practice, the communications may be in a number of electronic forms, e-mail, video chat, text message or web based input forms.

➢ D. For the law firm, the duty of confidentiality may require extra efforts to protect the data of clients as part of the duty of confidentiality.

➢ E. All communications between the client and the lawyer for the purpose of obtaining legal advice is protected by the attorney-client privilege.

➢ F. The attorney-client privilege is a rule of evidence that prevents an attorney from being required to reveal the communications.

➢ G. The privilege applies only when the lawyer is questioned under oath.

➢ H. The privilege may not be waived by the attorney— only the client can waive the privilege and allow the attorney to reveal protected information.

Learning Objective 3

Explain the Function of the Work Product Doctrine.

L.O. # 3 MAIN POINTS 24

➢ A. The work product doctrine provides a limited protection for material prepared by the attorney, or those working for the attorney, in anticipation of litigation or for trial.

➢ B. The work product doctrine does not cover documents prepared in the normal operation of the client’s business such as sales reports, data analysis, or summaries of business operations.

➢ C. However, businesses, and particularly corporations with publicly traded securities, are required under state and federal laws and regulations to take a proactive approach to determine wrongdoing and identify violations of statutes and regulations.

➢ D. These investigations and audits create a body of documents of which some, none, or all may be subject to evidentiary privilege depending upon the relevant jurisdiction.

Learning Objective 4

Explain the Potential Consequences of an Inadvertent Disclosure of Confidential Information.

L.O. # 4 MAIN POINTS

➢ A. Inadvertent disclosure of confidential or privileged information may result from a slip of the finger in sending an email, an accidental pushing of the wrong number on the speed dial of a fax machine, or the sending of a misaddressed envelope.

25

➢ B. The admissibility of inadvertently disclosed documents may hinge on the steps the firm takes before and after the disclosure.

➢ C. The treatment of inadvertently disclosed documents will depend on the individual jurisdiction.

➢ D. There are three judicial views on handling the inadvertent disclosure of confidential and privileged information: (1) automatic waiver; (2) no waiver; and (3) balancing test.

➢ E. Automatic waiver holds that once the confidentiality is breached, the privilege is automatically waived.

➢ F. No waiver holds that the privileged is destroyed only when a client makes a knowing and voluntary waiver of the privilege.

➢ G. Balancing test looks at several factors, including: (1) the nature of the methods taken to protect the information; (2) the efforts made to correct the error; (3) the extent of the disclosure; and (4) fairness.

Learning Objective 5

Discuss the Reasons for Conflict of Interest Rules.

26

L.O. # 5 MAIN POINTS

➢ A. The basis of the conflict of interest rule is the belief that a person cannot be loyal to two clients.

➢ B. Thus, lawyers cannot represent two clients with potentially conflicting interests.

➢ C. Under Rule 1.7 of the Model Rules of Professional Conduct, a lawyer should not represent another client if the representation of one client will be directly adverse to another client unless both clients give their informed consent to the dual representation and the consent is confirmed in writing.

➢ D. In addition, a lawyer should not accept an engagement if there is a reasonable probability that the lawyer’s personal interests or desires will adversely affect the advice to be given or services to be rendered to the prospective client.

➢ E. The information that may create a conflict of interest includes the information held by another member of the legal team, including the legal assistant and the technology consultants.

Learning Objective 6

Discuss the Ethical Obligation of Competency in a Technology Age.

L.O. # 6 MAIN POINTS

27

➢ A. Under Rule 1.1 of the Model Rules of Professional Conduct, a lawyer is required to provide competent representation to a client.

➢ B. Competent representation means providing the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

➢ C. The need to understand technology as a basic ethical obligation has been affirmed by the adoption of the 2012 amendments to the ABA Model Rules.

Learning Objective 7

Explain the Rationale for the Obligations of Candor and Fairness in Litigation.

L.O. # 7 MAIN POINTS

➢ A. The duty to persuasively present the client’s case is a qualified duty, limited by the ethical obligation of candor.

B. Candor requires that an attorney not mislead the court or opposing counsel with false statements of law or facts that the lawyer knows to be false.

➢ C. The legal team must competently research and present the current statutory and case law, even when the most current version is not favorable to the position taken.

28

➢ D. Fairness in the practice of law has been an important issue for probably as long as there has been an adversarial justice system.

➢ F. Each side is expected to use its best skills and knowledge and present its position fairly so that the trier of fact may determine where the truth lies.

➢ G. The ethical rule of fairness to opposing parties and counsel is an attempt to ensure that justice is done even if one’s client loses the case.

Learning Objective 8

Describe the Ethical Obligation of Appropriate Hiring, Delegating, and Supervising owed by Managing and Supervising Attorneys

L.O. # 8 MAIN POINTS

➢ A. The duty of supervision, set forth in Rule 5.1 of the Model Rules of Professional Conduct, requires that partners, and lawyers with managerial authority in the firm, ensure that the conduct of lawyers working beneath them conforms to the ethical code.

➢ B. Rule 5.3(b) further requires that supervising attorneys with direct authority over nonlawyers have an ethical obligation to ensure that the nonlawyers’ conduct is compatible with the ethical obligations of a lawyer.

➢ C. The supervising attorney will suffer from sanctions that result from a failure of the members of the legal team to follow and enforce the ethical rules. Sanctions can come from two sources: the court hearing the underlying action and the attorney disciplinary agency.

29

Learning Objective 9

Describe the Ethical Issues in a Virtual Law Office.

L.O. # 9 MAIN POINTS

➢ A. “Virtual law office” or “e-lawyering” are terms used to describe a law practice that exists online, as opposed to the traditional “storefront” law office.

➢ B. In a completely virtual law practice, the lawyer and client may never actually meet face-to face; all communication is electronic through the Internet or by telephone.

➢ C. Some states require a physical office as a condition of practice within the state.

➢ D. The use of the Internet and other forms of electronic communications do not change the rules regarding the unauthorized practice of law.

➢ F. Lawyers must still be licensed in the jurisdiction where the client is located.

➢ G. The virtual law office creates new issues in protecting the confidential information of clients. While some documents may be exchanged only in paper form, most will be shared electronically.

30

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. What is ethics? How is it defined with respect to the attorney-client relationship?

ANSWER: Ethics are the minimally accepted standards of conduct in a profession. For lawyers, ethics are determined by state law based on the American Bar Associations Model Rules of Professional Conduct. For paralegals, the professional associations such as NALA (National Association of Legal Assistants) and NFPA (National Federation of Paralegal Associations) require members to conduct themselves in accordance with guidelines of ethical behavior that are very similar to the ABA Model Rules of Professional Conduct 2. What is the purpose of the confidentiality rule in the legal setting?

ANSWER: The purpose of confidentiality is to permit the client to tell their attorneys everything about their case so the attorney can give proper legal advice.

3. What are the differences between the duty of confidentiality and attorney-client privilege?

ANSWER: Confidentiality is an ethical obligation of the attorney and the members of the legal team to maintain client information. Privilege is a rule of evidence that prohibits disclosure of confidential information by the attorney in a legal proceeding.

4. Can the duty of confidentiality between attorney and client be lost? Give an example of how this can occur.

ANSWER: The duty of confidentiality may be lost when the client has communicated the confidential information to someone other than the attorney or members of the legal team. Members of the legal team may also cause information to lose its confidential nature, such as where they disclose the information in an inappropriate manner.

5. Can the attorney-client privilege be lost? Give an example of how this can occur.

ANSWER: The attorney-client privilege can be lost if the client has revealed the same information to someone outside of the attorney or legal team.

31

6. What are the three judicial approaches to the inadvertent disclosure of confidential information? How might each of these approaches result in a different outcome for the client?

ANSWER: “Automatic waiver” means that once confidentiality is breached by an inadvertent disclosure, the privilege is automatically waived. The documents may be used by the party who received them inadvertently.

“No waiver” means that the privilege is destroyed only when a client makes a knowing and voluntary waiver of the privilege.

The “balancing test” considers a number of factors, such as the efforts taken to protect the information, the efforts made to correct the inadvertent disclosure, the extent of the disclosure, and the fairness to the parties. The court may impose a variety of remedies, such as unlimited use of the disclosed information, return of the documents, or disqualification of the attorney who has seen the material.

7. What ethical guidelines, if any, does your state follow?

ANSWER: Student responses will depend on the rules adopted by their jurisdiction.

8. What is the ethical obligation of a paralegal to the firm’s clients?

ANSWER: The ethical obligations of the attorney are extended to the paralegal. As an agent of the attorney, the paralegal must act with the same best interests and ethical constraints as the attorney, such as confidentiality, competence, and loyalty. Additionally, the work product doctrine has been interpreted to extend the duty of confidentiality and privilege to those who assist the attorney in the representation of the client’s interests.

9. What is the ethical obligation of the paralegal to the court?

ANSWER: The paralegal has the same obligations of candor and fairness as the attorney.

10. What is the ethical obligation of a litigation support staff member to the clients? To the court? Of a litigation support person from an outside firm or a consultant? Explain.

ANSWER: Legal support staff and litigation support personnel from outside the law firm are under the same ethical obligations as the supervising attorney. It is up to the supervising attorney to make sure that all are aware of these obligations, and understand their obligations such as confidentiality, loyalty, competence, and candor.

32

11. In addition to the attorney-client relationship, are there others who are protected by a privilege? Why would it apply to these persons?

ANSWER: Communications are protected in several other relationships: spouses, doctor and patient, psychotherapist and patient, clergy and penitent, and participants in settlement negotiations.

These communications are protected for the same reason as the attorney-client relationship— there must be the free flow of information without fear of it being disclosed. For example, doctors can better treat the patient when all information is freely shared.

12. How is a claim of privilege made?

ANSWER: The privilege is not automatic. The client claiming the privilege has the burden to establish the existence of the privilege.

13. Why is the attorney-client privilege extended to others working for the attorney?

ANSWER: The attorney-client privilege is extended to facilitate efficient and effective representation of the client. It would be difficult, if not impossible, for the attorney to perform every task in legal representation.

14. What is the purpose of the self-defense exception to the confidentiality rule?

ANSWER: The self-defense exception allows an attorney who has been accused of wrongdoing to reveal confidential information to assist in the defense of any claim brought against him or her.

15. Why is conflict of interest an issue for the legal team? Give an example in which a conflict of interest may prevent a lawyer from representing a particular client.

ANSWER: The legal team cannot simultaneously represent those who have opposing interests. If a law firm represented a corporation in a contract negotiation, the firm could not also represent a person bringing a lawsuit against that corporation for breach of the same contract.

16. What are the ethical duties of computer or technology consultants regarding information and documents they handle or a law firm? How should a law firm avoid potential ethical issues associated with using a computer or technology consultant?

ANSWER: Outside computer or technology consultants must understand the nature of the confidentiality of the files on which they are working. They must also understand the duty of loyalty and the 33

conflict of interest that would result if they were to provide services to another client whose interests were directly adverse. It would be wise for the law firm to perform a “conflict check” to verify that the consultant had not previously worked for an adverse party.

17. What is required to invoke the attorney-client privilege? Explain the privilege in terms that a nonlegal team member can understand.

ANSWER: The attorney-client privilege is a rule of evidence that protects the client from the attorney being required to reveal the client’s confidential information. Nothing more needs be done to invoke the privilege unless and until the lawyer is questioned under oath. At that time, the attorney must invoke the privilege and its existence must be established on behalf of the client.

18. What work is protected by the work product doctrine? Give examples of protected and nonprotected documents or materials.

ANSWER: The work product doctrine includes material prepared by the attorney, or those working for the attorney, in anticipation of litigation or for trial. An example might be the attorney’s notes in preparing the case, or a trial notebook. Letters or memoranda from the client’s business records, if they were written originally in the course of the client’s business, are not protected, even if they were given to the attorney to prepare for litigation.

19. How has technology changed the concept of competence for lawyers? What knowledge and skills must attorneys now possess that they didn’t need twenty or thirty years ago?

ANSWER: Technology has raised the required level of competency. For example, technology has changed how documents are filed with the court. Because of the speed, accessibility, and lower costs of the Internet, lawyers are now required to have even more up-to-date legal authority. It has become standard practice for attorneys to have available the most current research, and they are expected to have all documentation readily available, even if they aren’t in their office.

20. Do the ethical rules of “fairness” prevent lawyers from aggressively advocating their client’s position? What duties do lawyers have with regard to their opponents?

ANSWER: This obligation does not prevent lawyers from being aggressive advocates. The duty of fairness only tempers advocacy by requiring the attorney to fairly state the law, even the law that is unfavorable to his client.

21. Why would a partner in a law firm be required to supervise the other lawyers in the firm?

ANSWER: 34

The supervising attorney will be more experienced and will have a grasp of the overall litigation picture and strategy. He is responsible legally and ethically for the actions of the other attorneys and members of the legal team who are working at his direction on a file.

22. What are the potential consequences of a failure to adequately supervise other staff members at a firm?

Who will ultimately bear the consequences of any ethical lapses or errors?

ANSWER: Failure to adequately supervise could result in liability for malpractice, as well as ethical violations from the disciplinary board. The supervising attorney bears ultimate responsibility for ethical lapses and errors.

23. Does your jurisdiction require a bona fide office for the practice of law?

ANSWER: Responses will vary by jurisdiction and will likely come from a number of sources including state ethics advisory opinions.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1. Find a copy of the most current version of the Model Rules of Professional Conduct (MRPC) as published by the American Bar Association. Compare the current version to a previous version of the MRPC. Choose one rule that was changed from the previous version, and note how the rule was changed. Research the reasons for the change and what ethical problem the change was intended to solve.

2. Use the Internet to locate the most current version of the ethical rules as used in your jurisdiction. Save the Internet address for future reference.

3. Use the Internet to find three or four ethics opinions from the attorney disciplinary authority in your jurisdiction. Choose one opinion that you think is interesting. Explain, in your own words, the ethical issue at stake and how a legal team can avoid the ethical problem.

4. Use the Internet to find the continuing legal education requirements in your jurisdiction, including any ethical education elements. Prepare a memo for members of the legal team on the requirements.

ANSWERS 1-4: Answers will vary by student and jurisdiction. For Questions 1, 3 & 4, students should summarize the information in their own words and should clearly cite to the ethical rules and the ethical 35

opinions responsive to each question. For Question 3, you may want to have the student attach the ethics opinion on which their summary is based.

VIDEO CASE STUDIES CONFIDENTIALITY: PUBLIC INFORMATION The law firm has a case that has received coverage by the local press. Two paralegals from the same firm are on a coffee break at a public coffee shop. One of the paralegals is working on the case, and the other is not assigned to the case but is curious about it.

After viewing the video case study in MyLegalStudiesLab, answer the following questions.

1. Does the legal team working on a case have a duty to remain silent when information about the case has been made public?

ANSWER: The duty to keep confidential the information received from the client still continues, even when there is information about the case in the public domain.

2. If incorrect information about the case has been made public, can members of the legal team correct this misinformation? Why of why not?

ANSWER: No, whether the public information is correct or incorrect, the duty to keep the information received from the client confidential continues. If the client wishes the public information to be corrected it is up to the client to waive the confidentiality and put the correct information out.

3. Can confidential information about cases be share between members of the same firm? Why or why not?

ANSWER: Yes, where members of the same firms are sharing information to obtain advice, guidance or the opinion of another colleague, the information remains confidential under the work product doctrine.

4. What is the difference between confidentiality and attorney-client privilege?

Who is protected by each doctrine? What information does each of these doctrines protect?

ANSWER: Confidentiality is an ethical obligation of the attorney and the members of the legal team to maintain client information. Privilege is a rule of evidence that prohibits disclosure of confidential information by the attorney in a legal proceeding.

36

DESTROYING EVIDENCE FOUND BY PARALEGALS A paralegal discovers a document that is detrimental to the client’s case. Only the paralegals working on the case are aware of its existence.

After viewing the video case study in MyLegalStudiesLab, answer the following questions.

1. What are the ethical issues in destroying evidence under the Model Rules of Professional Conduct?

ANSWER: Rule 3.4 prohibits attorneys from altering, destroying, or concealing evidence. This includes material that could have “potential” evidentiary value.

2. Are there any ethics opinions in your jurisdiction addressing destruction of evidence?

ANSWER: Answers will vary depending on the jurisdiction.

Chapter Opening Scenario Case Study Use the Opening Scenario for this chapter to answer the following questions. The setting is the daily meeting of the partners, and the legal obligations of staff are discussed.

1. What policy should the firm institute with regard to the discussion of cases among the litigation team and among those in the law firm who are not working on a particular case?

ANSWER: The answer will vary by student. Typically there is room to discuss cases to seek input and advice from colleagues. It might be wise to suggest that names not be mentioned and discussions take place in the office only and be limited to seeking advice rather than “war stories.”

2. Should the firm have a firm-wide program of ethics training on a regular basis, independent of any jurisdictional requirement for ethics training? Who should be included in that program? What would be the benefit of this additional training?

ANSWER: It is a good practice to have a policy in place. It serves to establish the proper instruction and supervision of the entire legal team, since the ethical obligations extend to all members of the team.

37

3. What guidelines should the partners institute to ensure that all staff members are properly supervised?

ANSWER: The answer will vary but should include regular meetings, and consistent time keeping.

These practices will document that consultation with the supervising attorneys has occurred.

4. What steps should the firm take to ensure that the attorneys and staff are competent in their technology knowledge and skills?

ANSWER: Initial screening at time of hire is important to establish that certain educational and background qualifications are met as a baseline requirement. The law firm must also establish easy ways of keeping the attorneys and staff up-to-date on changes in technology. This can be accomplished with regular office meetings and attendance at seminars.

5. What policies or procedures should be instituted to protect confidential information and litigation work product?

ANSWER: Several methods may be used, such as password protection on electronic files and documents, and restricting access to specific members of the legal team.

Continuing Cases and Exercises 1. Internet Resources. Update your list of Internet resources to include the ABA Model Rules of Professional Conduct, the ethics rules of your local jurisdiction, and sources for ethics opinions from attorney disciplinary authorities.

2. Locate and save information on sources of continuing education on ethics, including updates to the ethics rules in your jurisdiction.

3. Continue to maintain a time log of your activity in the course.

ANSWERS: Answer to 1-3 will vary by student and jurisdiction

Building Your Professional Portfolio 1. Choose one of the ethical rules discussed in this chapter that you find especially interesting.

Prepare a memo for distribution to members of the legal team on their obligations to obey this ethical rule.

ANSWER: 38

Answers will vary by student, but should include reference to the laws of agency which require the members of the legal team to follow the same rules of ethical behavior as the attorney. A brief definition of confidentiality, competence, or candor should also be included.

2. Prepare a memo to a supervising attorney regarding the ethical rules governing conflicts of interest. Outline methods for ensuring compliance with these rules by the members of the attorney’s staff.

ANSWER: Answers will vary by student but should reference the variety of ways that ethical behavior can be demonstrated such as regular meetings, supervision, and attendance at seminars. Some reference to a system of conflict checking may also be included.

3. Prepare a brief note to a supervising attorney on why a failure to supervise the proper handling of confidential documents could result in a problem for the client, the attorney, and the firm.

ANSWER: The answer will vary by student but should refer to at least one ethical obligation and the damage that could result from its violation. For example, in the area of confidentiality, information is no longer protected, a client’s business may be harmed, discipline may be applied to the attorney, or there may be a potential malpractice claim.

4. Outline which features would be most useful in attracting and assisting clients. Sketch a design for each page, including the information that would be presented on each page.

ANSWER: Answers will vary based on the subject matter chosen and creativity of the student, but should reflect an understanding of the ethical issues in attorney advertising.

5. What are the ethical issues and potential UPL issues in the use of a website in your jurisdiction? Research the ethical rules that would apply to lawyers advertising on the internet.

ANSWER: The answer will vary by jurisdiction, but should include a discussion of Rule 7.2 of the Model Rules of Professional Conduct relating to attorney advertising. Specifically, Rule 7.2 generally permits attorney websites, provided that they fall within established guidelines. The answer should also include relevant ethics opinions relating to online advertising.

39

Technology in the Law Office|CHAPTER 3 CHAPTER OBJECTIVE Describe the different types of software and hardware used by the legal team.

CHAPTER LEARNING OBJECTIVES 1. Discuss the different types of computer systems used in a law office.

2. Describe the different computer operating systems.

3. Explain the differences between general applications and specialty applications software.

4. Understand basic issues in installing and using software.

5. Understand how a network functions and the issues involved with network security.

Warm Up Questions

1. Ask your students about the types of computers that they currently use and the types of computers that they grew up with at home and/or at school.

2. Ask your students how old they were when you got your first cell phone?

3. Which types of devices did you have in your home and/or school when you were growing up?

4. From which type of device do you send the majority of your email messages?

5. From which type of device do you make the majority of posts to social media?

6. From which type of device do you write your papers for school?

40

7. Your students will likely select a range of devices in their answers, including smartphones, laptops, tablets and traditional computers.

8. While your students will likely remember more traditional computers at home and at school when they were growing up, a discussion of more recent devices will involve laptops, tablets and mobile devices.

Warm Up Wrap Up This chapter will discuss the change that law firms have made over the past few decades regarding their own computer equipment. An understanding of computers will help your students to troubleshoot equipment and compatibility issues in the legal field.

Learning Objective 1

Discuss the Different Types of Computer Systems Used in a Law Office.

L.O. # 1 MAIN POINTS

➢ A. Large firms, corporations and governmental offices once used large, centralized computer systems known as mainframes.

➢ B. Today, most small and medium-size offices use personal computers (PCs), with many large firms and organizations switching to PC-based desktop systems.

41

➢ C. The old mainframe systems have provided the model for the networked systems found in offices today, where a number of PCs are connected to a main server on which most of the data is stored.

➢ D. The typical systems in use today are either stand-alone computers or networked computers.

➢ E. A stand-alone computer is a system in which all the necessary software and all the data or files are stored within one computer.

➢ F. A networked computer is part of a system of stand-alone computers, called workstations that are connected to a central computer.

➢ G. The central computer acts as a server on which files and data are stored and accessed by other computers in the network.

Learning Objective 2

Describe the Different Computer Operating Systems.

L.O. # 2 MAIN POINTS

➢ A. The operating system is software that provides instructions to the computer on how to handle basic functions, such as how to process information from input devices, the order in which to process information, and what to show on the computer monitor.

➢ B. The two most popular computer systems are referred to as “PC” and “Apple.”

42

➢ C. The PC has a dominant position in the legal and business communities, where its main uses are text processing, data management and mathematical computations in the form of word processing, spreadsheets and databases.

➢ D. The Apple system has achieved a dominant position in the graphic, education and artistic communities.

➢ E. Microsoft Windows is the most commonly used operating system for the PC.

➢ F. The analogous operating system for Apple computers is Mac OS.

➢ G. A mobile operating system is the software platform for programs running on mobile or handheld devices.

Learning Objective 3

Explain the Differences between General Applications and Specialty Applications Software.

L.O. # 3 MAIN POINTS

➢ A. An application is a type of software used to perform a specific function, or a set of related functions, such as word processing, presentations, and electronic spreadsheets. These are programs that are often used across many different professions and industries.

➢ B. Office suites are sets of commonly used office applications that are designed to work together.

43

➢ C. Specialty application is software that is industryspecific.

➢ D. These applications are created to perform functions that are unique to an industry, such as case management in the law office.

➢ E. Legal specialty software falls generally into the following categories: (1) office management; (2) case management; (3) litigation support; (4) document management; and (5) trial presentation.

Learning Objective 4

Understand Basic Issues in Installing and Using Software.

L.O. # 4 MAIN POINTS

➢ A. Compatibility is usually a matter of buying software for the type of computer used.

➢ B. Another issue in the installation of software is capacity, or the ability of a particular computer to run the software.

➢ C. Capacity refers to the technical specifications of the system: the speed of the CPU, the available space on the hard drive, the RAM needed to run the program, and the necessary input and output devices, such as a scanner, a color printer, or a high-resolution graphics system.

44

➢ D. An end user license agreement (EULA) is the agreement with the software vendor that authorizes and specifies the terms for the legal use of the software.

➢ E. A single-user license authorizes installation of the software on one computer.

➢ F. A network license authorizes the use of the software on a computer network with a specific number of simultaneous users.

➢ G. It is generally a good idea to turn off or close all other programs when installing new software.

Learning Objective 5

Understand how a Network Functions and the Issues Involved with Network Security.

L.O. # 5 MAIN POINTS

➢ A. The first computer systems in law offices generally consisted of a computer, a monitor, and a printer.

➢ B. In the contemporary law office, this system is called a workstation.

➢ C. A network is a group of workstations connected together.

➢ D. Every device that is connected to a network is referred to as a host.

45

➢ E. A network file server is a separate computer that acts as the traffic cop of the system, controlling the flow of information among the workstations, the file server, and peripheral devices.

➢ F. Security has become a critical issue as law offices, courts, and clients become more dependent upon the use of the computer and the Internet.

➢ G. Limiting access to files on a file server is one method to ensure confidentiality in a large office, and this can be done by protecting files with passwords.

➢ H. Breaking into a computer network by unauthorized parties is sometimes referred to as “hacking.”

➢ I. A firewall is a program designed to limit access to a computer or a computer network system.

➢ J. Programs that attack and destroy computer programs, internal computer operating systems, and the hard drives of computers are known as computer viruses.

➢ K. Antivirus software programs scan the computer for the presence of viruses and eliminate them.

➢ L. Backing up data regularly is essential to prevent the loss of critical files and office data in the event of a disaster such as a flood, fire, earthquake or tornado.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers

46

1. Discuss the different types of computer systems used in a law office.

ANSWER: A computer system includes at least one input device, a computer processor, and at least one output device. A computer system in a law office could be a single stand-alone personal computer, but is more likely to be a number of personal computers linked together by a network. The network file server would permit everyone in the office to have access to the same software and files. In a large law firm, a mainframe system might still be used.

2. Describe the different computer hardware used by the legal team.

ANSWER: Older models of computers, many of which are still found in many law offices, are large, metal boxes connected to large, bulky, and heavy desktop monitors, sometimes taking up half a desk top. Newer models are smaller and less obtrusive. In some offices, the computer system consists of a portable laptop computer. At the user's desk, it may be connected to a flat-screen monitor, and an external keyboard and mouse. It will also have a connection to a LAN network and the Internet. Capable of doing the same functions as a laptop, mobile devices are frequently used by attorneys to stay in touch with their office, their clients, and their files while at a remote location.

3. Explain the differences between applications and specialty applications software.

ANSWER: Applications are software used for basic functions such as word processing, preparing presentations, or creating electronic spreadsheets. These are the generic programs that are used across different industries. Specialty applications are designed specifically for a particular profession or industry. Examples of specialty applications in the legal field include office management software, case management software and trial presentation software.

4. Explain the difference between a suite of programs and integrated software.

ANSWER: Office suites combine commonly used office applications such word processing, database, spreadsheet, graphics, and presentation software. Each of the programs can be used alone, such as Microsoft Word, but are packaged together with other standalone programs. Two of the most common office suites are Microsoft Office and Corel Office. These suites provide a direct integration between the different programs in the suite. Charts, graphs, and spreadsheets are easily shared among programs in the MS Office or Corel Office suites. The same integration also exists between many programs of different software companies. Some programs allow direct 47

export to other programs, such as NoteMap, which allows the transfer of files into Word. To make work even easier, some suites add a button to its toolbar to integrate with another program, such as the Adobe Acrobat button on the MS Word screen.

5. Why should passwords not be obvious or left in the open?

ANSWER: A password could provide an outsider with access to huge amounts of data. As a matter of security, passwords should be unique, and changed on a regular basis. This prevents theft of passwords that may be easily seen when left lying on a desk.

6. Describe how a computer network may be used by a law firm.

ANSWER: A computer network allows the members of the legal team to work collaboratively on files. The file stored on the file server is accessible by anyone connected to the network. Anyone may use, modify, or collaborate on the file without being in the same office. Anyone may also print the document from a remote location.

7. Explain the importance of and the steps that may be taken to maintain computer and network security.

ANSWER: With a single computer, the security issues are related to installing corrupted software or accessing something from the Internet that has a virus. By contrast, on a network, every computer work station represents a possible source of security issues and if a single station introduces a virus, the entire network could be impacted. One solution is to limit access, such as the ability to make changes to the operating system, add or delete software, and retrieve files.

Network security protocols limit access to the file server and peripherals, such as printers or other work stations. Network rights and privileges determine who on the network may access the information and who has authority to access the server, the data stored on the server, and the flow of information. A network administrator is the person with the highest level of access to, or authority over, the network. Passwords can be used to grant access to files and computers. Firewalls are programs designed to limit access to a computer or a computer network but may also prevent working at an off-site location. Antivirus Software scans the computer to identify the presence of viruses, and in some better programs, eliminates the virus.

Despite the existence of antivirus software, viruses do get through, and there are certain precautions that should be followed: (1) do not open files or attachments from unknown email senders; (2) scan every disk with antivirus software before using it; (3) downloaded files should be scanned, and; (4) be sure antivirus software is continually updated. Finally, data should be

48

backed up by creating a copy of the data as a precaution against the loss or damage of the original data. It is a good policy to back up on a daily basis and store the backup media off-site.

8. Explain the difference in the operation of a computer with the minimum requirements and the operation of a computer with the recommended requirements. How can the user determine if his or her computer meets the minimum or the recommended requirements?

ANSWER: Minimum requirements will allow the computer to function with one program open at a time, but it may not run as fast as desired. The recommended requirements specifications allow for the full utilization of the software with more than one program running at the same time.

Depending on the size of the system, multiple programs running at the same time may cause a slowdown in overall performance and may result in a computer “crash” if there are conflicts in sharing the memory and CPU. The user can use the menu to find the specifications of the computer and compare that with the minimum and recommended requirements before installing software.

9. What are the ethical issues of using unlicensed software?

ANSWER: Using unlicensed software is the equivalent of theft.

10. Prepare a list of computer hardware components, including name and model numbers, of the system you use at: a. home b. work c. school d. other (public library or Internet café) ANSWER: The answers will vary by student, but hardware should be appropriate to the location.

11. If you are using a PC, using the Control Panel in the Start Menu, find the System icon.

Prepare a detailed description of: a. general information on the system b. the registered party c. the type of processor and its speed and memory d. the name of the computer as shown in the System Properties e. the full computer name and the workgroup ANSWER: The answer will vary depending on each student’s system.

49

12. Prepare a list of the applications software on your personal computer. a. manufacturers b. program names c. version d. registered owner ANSWER: The answer will vary, depending on the software on each student’s system.

13. What ethical issues might be raised in a review of a list of applications software programs on computers in the law office?

ANSWER: The most common issue is whether proper licensing agreements exist for the law firm to use each of the programs found on the computers and file server. An end user license agreement (EULA) is the agreement with the software vendor that authorizes and specifies the terms for the legal use of the software. For example, an end user license for an educational version of software is violated when used for commercial purposes. A license for one user is violated when used by multiple simultaneous users. Most trial or demo versions restrict the use of the software in the EULA. Continued use beyond the scope of the trial or demonstration period is usually a violation of the EULA. 14. Explain the functions of the components of a computer system in the law office.

ANSWER: The computer system has input and output components. Input components include the keyboard, mouse and scanner which are used to put information into the computer. Output devices include printers, monitors, and fax machines.

15. Describe the different classes of software and the functions they perform in a law office.

ANSWER: Operating systems contain a basic set of instructions to the computer on how to handle basic functions. The operating system controls the flow of operations and the timing of tasks. Much of the operating system is contained in the read only memory (ROM) that does not require power to run its contents. It is what allows the computer to start. Utility programs perform functions in the background related to the operation of the computer, such as viewing documents and videos, compressing and decompressing files, creating backups, or security functions such as firewalls and parental blocking. Applications enable a user to enter, store, view, modify, or extract information from files or databases, such as word processors or spreadsheets. Many are

50

contained within an office suite. Specialty applications are industry-specific, created to perform functions for a specific need within a profession or industry.

16. What law office functions can be performed with the use of legal-specific applications programs?

ANSWER: During a case or trial, the legal team will use different programs to serve specific needs. At the beginning of a case, CaseMap might be used to organize the factual issues. With a complete understanding of the issues, the organization of the documents may be efficiently handled using a litigation support tool like Summation or Concordance. The trial presentation may be organized using Sanction. With all the programs designed to allow the integration of the data from the other programs, a seamless workflow is possible, saving time and money for the client.

17. What, if any, policies should be in place in the law office regarding the use of personal computers by the members of the legal team? Explain why or why not policies should be created.

ANSWER: With computer networks, there is the potential to adversely impact every workstation on the network and the network file server itself. Any workstation is a potential access point for software that could corrupt the system or the files stored on the system. While not common, there are instances of employees introducing annoying or potentially harmful programs to get even with an employer. Part of the solution to these kinds of issues is to limit access to the network, including limiting the ability to access the file server from workstations, limiting the ability to make changes to operating systems, and limiting activity to the saving of documents.

Limiting access to files is one method to ensure confidentiality in a large office. File access can be limited by password protecting files and granting password access only to those with a need to access and work on those specific files. Because each file or file folder can be passwordprotected, ethical walls can be established by restricting access to just those on the legal team who are working on a case.

18. What does the end user license for one of the Office Suite programs say about multiple uses of the software?

ANSWER: The answer will vary by student, and the type and version of office suite investigated.

51

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1. a. Use the list from Chapter 1 or prepare a checklist of minimum software and hardware requirements and a second list of recommended technology needs for the start-up office. Be specific. What, if any, additional minimum or recommended items should be added to the list for a trial attorney regarding office setup?

ANSWER: The answer will vary by student but should include sufficient hardware and software for the number of employees involved. It should also include a network with an Internet connection. b. Use the Internet to find prices on the items in the checklist you prepare.

ANSWER: The answer will vary by student and items chosen. The list should include every necessary item on the list.

2. Use the Internet to find information on backup software and hardware. Then use the Internet to locate a copy of at least one of the EULAs for a software program on your personal computer.

Does it permit use on multiple machines at the same time?

ANSWER: The answer will vary by student and the agreement used.

VIDEO CASE STUDIES A small multi-office law firm has been retained in a case involving a large number of passengers who were injured on a bus involved in a collision with a large truck. The case has been filed in federal court. The legal team has decided to conduct in-house conferences, using video conferencing.

1. Are there any confidentiality issues in using videoconferencing?

ANSWER: It is important to be sure the videoconferencing is secure and the information cannot be intercepted. If the line is not secure the inadvertent disclosure of confidential information may result.

52

2. Is the cost of videoconferencing justified by the travel time saved?

ANSWER: Most likely, yes. Unless in the immediate area, the cost of travel will likely outweigh the cost of the video conference.

3. Is there any advantage to using the videoconferencing instead of telephone conference calling?

ANSWER: The video conference permits one to see the non-verbal communication, which is just as important as what is being said.

4. Does the legal team working on a case have a duty to remain silent when information about the case has been made public?

ANSWER: Yes. Even though case information is made publicly-available, the legal team must still remain silent about all aspects of the case.

Chapter Opening Scenario Case Study Use the opening scenario for this chapter to answer the following questions. The setting is a new attorney in solo practice discussing with his newly hired paralegal, who has experience working in a large firm, how to set up the technology systems for the new firm.

1. What procedure or protocol should be established for adding users to the office network?

ANSWER: Users added to the network should have limits placed on the software, databases, and files they can access on the file server. It may also be wise to prohibit certain Internet activity such as visiting certain websites or accessing personal financial information. These goals can be achieved by network protocols and passwords established by the network administrator.

2. How can access to confidential files be limited?

ANSWER:

53

Access can be limited by password, set for specific files or file folders, or by using a firewall, or otherwise restricting network access to the file server.

3. What are the advantages of attending a technology show for the legal profession?

ANSWER: A technology show will have the cutting edge technology that is available to the legal profession, including both hardware and software.

4. What questions should the paralegal and attorney be prepared to ask at the show?

ANSWER: They should be prepared to ask about minimum and recommended computer requirements with regard to new software. The ability of new devices to sync up to existing technology in the office is also a concern.

5. What role does the future office expansion have in the initial technology decisions?

ANSWER: If the firm anticipates growing in the future, it may want to consider planned growth. Purchase decisions should be made with that growth in mind. In the future, the firm will certainly have more than one attorney and one paralegal. A network purchased now should be expandable to include new employees in the future.

6. What hardware should be initially purchased? Be specific regarding functions and capabilities.

Is this different from the list prepared in Chapter 1?

ANSWER: The answer will vary by student but should include sufficient computers for the number of employees, an internet connection, a combination printer/scanner/fax, and an office suite with word processing and data management capabilities.

7. What software should be purchased first? Prepare a list in order of priority with essential software at the top. Explain your reasons for the selections and priority.

ANSWER: At the top of the list should be the operating system. Although this is typically preloaded on most computers, the firm must decide on which operating system is appropriate for their needs.

54

Other critical purchases are security programs that provide anti-virus and firewall protection. An office suite should be also be purchased that will allow for word processing and some file and data management. Next on the list would be the utility software to allow access to the Internet, as well as audio and video. Finally, specialty applications should be acquired to upgrade the case and file management of the office suite program.

Continuing Cases and Exercises 1. Update the Internet resources list from chapter 1.

2. Download the latest version of Adobe Reader from the Adobe website www. Adobe.com.

3. Download a new Internet browser different from the one you usually use. You may use any search engine available to locate the new browser.

4. Continue to maintain a time record as outlined in chapter 1.

ANSWER: The answers to 1-4 will vary by student and the choices they have made.

ADVANCED EXERCISES The detailed tutorials for AbacusLaw and Tabs3 can be found on the Technology Resources Website.

1. Click on the AbacusLaw icon, download and install the AbacusLaw Software, and complete the tutorial for AbacusLaw. 2. Click on the Tabs3 icon, download and install the Tabs3 Software, and complete the tutorial for Tabs3.

3. If assigned by your instructor, accept the invitation from your instructor to open a CLIO account.

Prior to assigning these tutorials, you may want to review the concept of specialty applications software and explain the role of office management software in a law office. Office management software allows a law firm to provide an initial information sheet for new cases, enter contact information for parties and witnesses, schedule appointments, keep records and notes, upload documents, keep time and generate accounting and bills for the firm and its clients. Explain that each of the tutorials deals with a different brand of office management

55

software and that the students should come to class prepared to discuss the differences and their overall impression of each.

Building Your Professional Portfolio 1. Based on the opening scenario, prepare a plan for setting up the technology systems for the new firm that can be presented to the attorney and that he can share with others who are working in the office or subletting space. Explain the reasons for the plan.

ANSWER: The answer will vary by student but should include hardware, software, the costs for initial setup, and training and support for the legal team. The plan should address security concerns and future add-ons.

2. Prepare an office policy on the use of the passwords in the law office. Explain the reasons for using passwords and the methods to be used to create the most secure passwords.

ANSWER: The answer will vary by student but should include the reasons to have passwords, as well as a policy for storing and regularly changing them.

56

Technology in the Law Office|CHAPTER 4 CHAPTER OBJECTIVE Explain the use of the Internet and cloud computing in the law office and the courthouse.

CHAPTER LEARNING OBJECTIVES 1. Explain how the Internet works.

2. Explain the concept of cloud computing.

3. Discuss issues in the use of the Internet.

4. Describe the issues in downloading and installing software from the Internet.

5. Describe how courts are implementing technology for filing and document submission.

6. Explain the use of electronic access to cases and e-filing in the federal court system.

Warm Up Questions 1. Ask your students to identify their most frequently visited websites on the Internet.

2. Your students will probably identify Google, sites relating to work, social media, entertainment, news and school.

3. Ask them how many times they use the Internet each day.

4. Next, ask your students if they know how the Internet works.

5. Most of your students will have little to no idea about the architecture and mechanics of the Internet.

57

6. Follow up by asking them if they know how to determine whether the websites they visit are secure and how to assess the security of messages that they send over the Internet.

7. Your students will likely have very little information about Internet security and more.

Warm Up Wrap Up Most students will already know what the Internet is, and will have used email frequently. Some may already have some familiarity with the concept of the “cloud.” But they may not be aware of the special issues that arise when these tools are used in a law practice. This chapter seeks to explain how these systems work, and move the student beyond being simply a “user” of the services. It will also encourage student to think critically about how they should be handled as a legal professional.

Learning Explain how the Internet Works.

Objective 1 L.O. # 1 MAIN POINTS

➢ A. The Internet may be thought of as a network of networks—a huge collection of networks linked together and sharing information. ➢ B. At the highest level of the Internet are the main data routes between large, high-capacity academic, commercial, and government routers. ➢ C. This high-level network is called the Internet backbone.

➢ D. The average user is many layers below this backbone.

58

➢ E. User connections are made through local or national Internet Service Providers who themselves connect to higher level national services.

➢ F. Internet service providers (ISPs) are companies that provide users with access to the World Wide Web or, as it is now more commonly referred to, the Internet or the cloud.

➢ G. A modem is a device used to translate the electrical signals for transmission over these connections so that computers can “talk” to each other. ➢ H. All the devices that are plugged into the hub can communicate with each other, and the hub may have an Internet connection that all the devices share through separate wires or connections. ➢ J. A switch is a high-performance alternative to a hub.

➢ K. The Internet uses an address to deliver data to a specific computer or computerized device, just as a mail carrier uses an address to deliver a letter to a specific post office box.

➢ L. Each computerized device that connects to the Internet is assigned a numeric address, called the IP address.

➢ M. Each location also has a text version of the address to access a website, called the domain name.

59

Learning Explain the Concept of Cloud Computing.

Objective 2

L.O. # 2 MAIN POINTS

➢ A. The term “cloud computing” or “the Cloud” is a way of describing the utilization of resources and features of the Internet or the World Wide Web.

➢ B. The term “cloud” comes from early drawings of Internet connections, where cloud images represented the Internet.

➢ C. The Internet may be thought of as nothing more than a group of computers linked together, or a network of networks.

➢ D. The term “cloud computing” is used to describe the advanced uses of the Internet to not only share information, but to also obtain software, access online services, store documents on remote servers or erepositories, and communicate in real time with voice and video

➢ E. Access to the resources in the cloud may be restricted to specific users, or may be open to the public.

60

➢ F. A public cloud uses shared hardware, software, and applications that are available to almost anyone.

➢ G. Private clouds limit the use of hardware and software to subscribers.

➢ H. Many law firms use the cloud for remote storage of data such as client files involved in litigation.

➢ I. When using an off-site location for storage of data, whether hard copy or electronic, the duty to ensure its confidentiality is an affirmative obligation.

Learning Objective 3

Discuss Issues in the Use of the Internet.

L.O. # 3 MAIN POINTS

➢ A. E-mail has become a standard method of communication for businesses across the globe, including law practices.

➢ B. B. E-mail documents are a large part of the discoverable documentation in cases.

61

➢ C. How long they should be retained is an important question for the firm and for the client, particularly when attachments are part of the e-mail.

➢ D. E-mail is saved on a computer or a file server in a file or folder called a mailbox.

➢ E. One of the issues for the legal team is whether e-mails should be made part of a client’s file

➢ F. With an e-mail management program, they may also be made a part of the electronic file and potentially part of the discoverable record in litigation.

➢ G. An attachment is a file that is sent with an e-mail. ➢ H. Virtually any file can be attached and sent with an email.

➢ I. The receiver need only double-click the mouse on the attachment,

➢ J.

Having a system for saving electronic document files is essential for finding and using them.

62

➢ K.

Having a system in place and a standardized procedure for setting up and maintaining files avoids the possibility of a staff member setting up his or her own system, which can result in only that person knowing where documents are filed.

➢ L.

Ethical issues must be considered whenever an electronic filing system is designed.

➢ M.

It is sometimes necessary in cases of potential conflicts of interest to restrict access to information about a client or a case by building an ethical wall around case information.

➢ N.

An ethical wall on a computer system or network may be created by password protecting access to the restricted files or information.

➢ O. Another possible security measure is to set up separate file servers for different clients or sensitive cases, with access limited exclusively to those working on the case.

Learning Describe the Issues in Downloading and Installing Software from the Objective 4 Internet.

L.O. # 4 MAIN POINTS 63

➢ A. When downloading files or attachments to e-mails, users must first determine the directory, or folder, into which they will be downloading the files.

➢ B.

Normally, text files and graphic images are static files, meaning that by themselves they do not perform any function but are merely usable within another program such as a word processor or graphic image viewer.

➢ C.

It has become common, however, to send attachments that have macros within them. These miniprograms perform functions when activated, such as those used to calculate sums in spreadsheets.

➢ D. Some program files have an extension of either “.exe” or “.com.” Files with these extensions may run automatically after downloading.

➢ E.

Some Internet service providers limit the amount of information that may be sent at one time, depending on the speed of the connection or how busy the system is at different times of the day.

➢ F.

Files may be transmitted in a compressed format, frequently referred to as ZIP files, in which large files are run through a program that compresses them before they are sent.

64

➢ G. Many software vendors sell their software directly from their Internet websites in immediately downloadable form or on a CD mailed to the buyer.

➢ H. The user may select the option to download and, after payment with a credit card, the software is downloaded to a computer over the Internet.

Learning Objective 5

Describe how Courts are Implementing Technology for Filing and Document Submission.

L.O. # 5 MAIN POINTS

➢ A.

Courthouse administrators have always been concerned about the increasing volume of documents that are filed, recorded, and maintained for litigation and other public purposes.

➢ B.

One of the most significant changes for a large segment of the legal community is the implementation of electronic filing, or “e-filing,” by some courts.

➢ C.

All of the federal district courts have implemented efiling.

➢ D.

The state courts have not embraced this technology as completely, although increasing numbers of jurisdictions are permitting or requiring e-filing.

65

Learning Objective 6

Explain the use of Electronic Access to Cases and E-Filing in the Federal Court System.

L.O. # 6 MAIN POINTS

➢ A.

The PACER case locator is a national index for appellate, district and bankruptcy courts.

➢ B.

While there is no national standard for courthouse software on a state level, the federal courts have adopted a single system, called Case Management/Electronic Case Files (CM/ECF).

➢ C.

This system is the companion to the PACER website for electronic filing in the federal courts.

➢ D.

The legal team prepares the documents on its own computer system, and then uploads the files to the court using the CM/ECF system.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. Why should passwords be changed on a regular basis?

ANSWER: Passwords should be changed on a regular basis as a security measure in the law firm.

Employees come and go and their passwords should be destroyed. Employees can be lax, leaving 66

the password in plain sight for others to use inappropriately. Finally, passwords can be stolen by someone watching as they are keyed in.

2. Describe how a computer network may be used by a law firm.

ANSWER: An office in which all of the computers are networked is like a small version of the Internet. Each person's computer is connected to other computers, usually with a central or main computer on which reside the frequently shared data files, and the network operating system software that controls the connections and how the requests from each computer are handled and directed. In the local area network (LAN), this main control computer is usually referred to as the file server. The ability of everyone in the law office to access and work on the same files without being in the same location or having to print the document makes the legal team more efficient.

3. Explain the importance and the steps that may be taken to maintain computer and network security.

ANSWER: Safety is maintained by having antivirus software and firewalls installed on the network file server and individual work stations. Passwords add a level of protection for access to authorized users. The network administrator may also restrict access to files and to Internet Websites, and has the authority to make changes to the system. Files being sent over the Internet can be searched and cleaned on metadata. Encryption technology can also be used to protect access to information by provided the recipient with the password to access transmitted files and documents.

4. What are some of the ways the Internet can be used in the law office?

ANSWER: The Internet can be used to conduct legal and factual research. It can be used for electronic filing with those courts that permit or require electronic filing. It can be used to communication with clients via email.

5. What is an Internet Browser? Give several examples.

ANSWER: An Internet or Web browser is a program that allows a person to use a computer to access the Internet. The two most popular Web browsers are Microsoft Internet Explorer and Netscape, both of which provide content as well as tools for searching the Internet. Firefox is another Internet browser that is gaining rapid acceptance.

6. Describe the use of Internet browsers for finding information on the World Wide Web. ANSWER: Obviously, finding something requires knowing where it is located. We find people by looking for their home or business address or by their telephone number. The modern equivalent of a telephone number is the e-mail address. A Web page also has an address, known as a URL (uniform resource locator). The URL is made up of three parts, separated by the symbols shown: Protocol://Computer/Path The protocol is usually http (hypertext transfer protocol). The computer is the Internet computer name, such as www.bucks.edu. And the path is the directory or subdirectory on the computer where the information can be found. The URL may be thought of as a file cabinet. The protocol is the name of the file cabinet, the computer is 67

the drawer in the file cabinet, and the path is the file folder in the drawer. Not all URLs have a path as part of the address.

7. Explain some of the issues in obtaining and installing software.

ANSWER: Does the computer have enough random access memory (RAM) to run the program as well as the other programs normally opened and used at the same time? Is the Internet connection fast enough to accomplish the job in a reasonable period of time? Will the connection be interrupted so that the download will have to be started over? Will a firewall block the download? Is the software from a trusted source?

8. What is a list serve?

ANSWER: List serves are basically compilations of emails automatically broadcast to everyone on the list. The result is similar to a newsgroup or forum, except that the messages are transmitted as e-mail and are therefore available only to individuals on the list.

9. How can list serves benefit the legal team?

ANSWER: The Internet has spawned the creation of communities of people with common interests who use the Internet to exchange information. There are listservs for most of the sections of the American Bar Association, the American Trial Lawyers Association, and many other special interest groups. Lawyers with a question about a specific area of the law can find an experienced attorney for guidance and advice on specific legal topics such as finding an expert in a particular field or the preferences of a particular judge.

10. What is the difference between the functions of the network server and the users’ workstations?

ANSWER: The network server typically contains the software and files that will be accessed by all the members of the legal team. The network may also provide the ability to access various printer/scanner/fax machines within the network so a document worked on by an individual on the first floor can be printed out at a printer on the fourth floor. The network will likely provide access to the Internet. In many offices the individual workstation will have some software and files, but this data should be kept to a minimum by the network administrator. The goal is for the workstation to access the network, while the server is the central storage device controlling access to what is stored.

11. Give examples of how network security can be breached and the possible ways to prevent the breach of network security in the future.

ANSWER: Network security is breached when an unauthorized user obtains access to the network. It is also breached when someone who is an authorized user gets access to files to which he or she was previously denied access. There are many ways to protect the network from breach, the most important of which might be to establish and maintain a security protocol. The network administrator should establish passwords and a system to regularly change them. Antivirus and firewall protection is also an important security step.

12. What is the difference between the PACER system and the CM/ECF system?

68

ANSWER: PACER, or Public Access to Court Electronic Records, provides a national index for federal appellate, district, and bankruptcy cases that is updated each night to allow a nationwide search for parties involved in federal litigation. In contrast, The Case Management/Electronic Case Files (CM/ECF) is the companion to the PACER website for electronic filing in the federal courts. The legal team prepares the documents on its own computer system, and then uploads the files to the court using the CM/ECF system.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1. Conduct a search on the following topics using four different Internet or search browsers for the same term or item. Are all results shown in the same order? Why or why not?

Search topics a. Legal ethics b. Law office technology c. Presentation graphics d. Internet security e. Metadata 2. Use the Internet to locate a definition of the term metadata; what is its importance to the legal team?

3. Find list serves available for lawyers through the American Bar Association.

4. Use an Internet search engine to find organizations involved with technology in the law.

5. Use the Internet to find and download a free firewall program.

6. Use the Internet to find Internet service providers in your area and prepare a list of available services and prices.

7. Use the Internet to locate a list of the ABA list serves that might be of value to a litigator.

8. Use the Internet to locate resources for e-filing in your federal and state jurisdictions.

9. Use the Internet to find information on the electronic courthouse and courtroom in your federal jurisdiction.

ANSWER: Answers to 1-9 will vary by the jurisdiction, student and software and websites chosen by them.

VIDEO CASE STUDIES ZEALOUS REPRESENTATION ISSUE: WHEN YOU ARE ASKED TO LIE A paralegal has been instructed by the supervising attorney to do whatever is necessary to obtain information needed in a particular case Watch this video case study in MyLegalStudiesLab and answer the following questions.

1. What are the ethical issues when lying to obtain information?

69

2. May information posted on social media sites be used in the preparation or presentation of a case?

3. A paralegal tries to file a pleading to avoid the statutes of limitation deadline.

Answer: Lying to obtain information violates the duty of candor and is unfair to the opponent.

The rules relating to use of social media depend upon the jurisdiction. A paralegal cannot sign a pleading. This would constitute the unauthorized practice of law.

Chapter Opening Scenario Case Study Use the Opening Scenario for this chapter to answer the following questions. The setting is the attorney and paralegal discussing renting space to another attorney who is not a member of the same firm.

1. What additional hardware or software will be required to support a new person in the office?

Does it matter if it is a lawyer or a paralegal or a secretary?

ANSWER: At a minimum, an additional workstation will be required for the networked office, whether the new user is a lawyer, paralegal, or secretary. The software requirements may vary depending on the position. For example, it will be important for the attorney and the paralegal to have access to any legal research programs or Internet services in use.

2. Prepare a memo requesting a faster-than-dial-up Internet connection and explain why the cost is justified.

ANSWER: The response will vary by student but should reference the time savings of faster upload and download times, the ability to send and receive larger files, and the reliability of the connection.

3. What procedures should be set up to protect data but allow use of the Internet by others in the office?

ANSWER: Setting up two separate networks is one option. Another is setting up the files so that they are accessible by the appropriate parties only. Logins and passwords would determine access to files, software, and the Internet.

4. Is there any additional hardware that should be considered or purchased? Is it different from the list prepared in chapter 3?

ANSWER: There will obviously be the need for an additional workstation, and this may include additional printers as well. The correct cables and connections will also be important.

5. What are the ethical issues in sharing a common website to attract clients for the plaintiff and defense attorney in this office? See firm website exhibit (1.2) in Chapter 1 for reference.

ANSWER: The biggest challenge in using a single website will be to make it clear that there are two separate law firms. It would be inappropriate to give the impression that it is one law firm with two areas of specialty.

6. Are there any ethical issues in unrelated attorneys sharing an Internet connection?

70

ANSWER: There may be difficulties in protecting client confidentiality unless proper measures are taken. Emails and web inquiries should be routed to the correct lawyer. There is also the concern over unauthorized users gaining access to files and client information.

7. Are there any ethical issues in sharing a Web page for attracting clients?

ANSWER: The biggest challenge in using a single website will be to make it clear that there are two separate law firms. It would be inappropriate to give the impression that it is one law firm with two areas of specialty. There may also be confidentiality issues to the extent that the website is interactive.

Continuing Cases and Exercises 1. Update the Internet resources list from Chapter 1.

2. Continue to maintain a time record as outlined in Chapter 1.

3. Review the information presented in Advanced Exercises for the First Client. a. Set up a file for the client for use in answering the questions and preparing the documents. b. This exercise will require information found in future chapters and is a continuing exercise. c. Your instructor may give you additional instructions.

ANSWER: The answers for 1-3 will vary depending on the choices made by each student.

ADVANCED EXERCISES 1. Use Tabs3 to enter and maintain the time records assigned in Chapter 1. a. You will need to add yourself as a timekeeper and set a rate. For this continuing exercise, list yourself as timekeeper 30, at a rate of $40 per hour. b. Create a list of functions to be billed. c. Enter a client for billing purposes; you may use your instructor with the college information as the client.

2. Enter all of the calendar information for the course (see the list of suggested items in the exercise in Chapter 1) in the calendar functions in AbacusLaw. ANSWER: The answers for 1-2 will vary by student.

FIRST CLIENT The first client for a young attorney is always someone who will be remembered. Suddenly all the textbook theory comes face-to-face with reality. In a modern law office a series of decisions must also be made on law office management issues.

1. The client has requested information on preparing an advanced medical directive, also referred to as a living will. What is the applicable law in your jurisdiction?

2. Are forms available from the internet for your state? Locate any free forms available and download a copy to use as a template.

71

3. Use the information provided below to create a new client interview form that can be saved as a template in a word processing program.

4. How should the office files be setup, some of the options include filing by client's name, by type of documents prepared or a combination of both. What recommendations would you make to Mr. Mason?

5. How should time records be maintained for billing individual clients?

6. Should the office be a paperless environment, with copies of all client materials maintained electronically, or should paper copies be retained?

Note: As a reference, a sample Advance Medical Directive brochure is shown below from the University of Arkansas for Medical Sciences at: http://www.uamshealth.com/upload/docs/Patients/UAMS-Patient-Guide-May11.pdf Client Information Adam First 1 Major Road New Hope, Your State and Zip Phone 555-123-4567 Mr. Mason spends thirty minutes interviewing the client.

Mr. Mason reviews information with the client and disburses $5.00 to have the document notarized.

ANSWER: Student responses will vary, depending on the choices made by each student and the jurisdiction. The finished products should reflect attentiveness to issues concerning not only speed, efficiency, and thoroughness, but ethical considerations as well, such as confidentiality.

Building Your Professional Portfolio 1. Prepare an office policy on the use of passwords in the law office. Explain the reasons and methods to be used for the most and the least secure passwords.

ANSWER: The answer will vary by student but should include the need for passwords to limit and protect access to the networked system, as well as particular files maintained on the system. The answer should include information on the design of passwords, such as the fact that they are more secure when they are random, rather than based on personal information, they contain letters and numbers that are case sensitive, and are more than 5 digits. Finally, the answer should reference the need to regularly change passwords.

2. Prepare an office policy on the use of the Internet for sending and receiving electronic communications and documents.

ANSWER: The answer will vary by student but should include a discussion on the ease and speed of e-mail as well as the issues related to confidentiality. A creative answer will suggest that the firm have the client sign some type of authorization for the use of e-mail which acknowledges that the privacy of the email is not guaranteed.

72

73

Technology in the Law Office|CHAPTER 5 CHAPTER OBJECTIVE Describe how to use word processing tools and specialty features.

CHAPTER LEARNING OBJECTIVES 1. Explain why the ability to adapt to changes in software is an important job skill.

2. Find resources for learning how to use a program and its features.

3. Navigate and find desired functions in word processors.

4. Create and save word processing documents in multiple formats 5. Discuss security issues and solutions in saving word processing documents.

6. Use some of the special features in word processors for creating documents.

7. Recognize changes and updates to major word processor software.

Warm Up Questions

8. Take an informal survey of your students to identify different documents they have recently created using word processing software.

9. Put the documents into categories on the board, such as letters, papers, assignments, memos, etc.

10. Discuss how the categories of documents will change depending on the industry surveyed.

11. Brainstorm with your students regarding the types of documents most often created in the legal field.

12. Discuss possible documents including letters, motions, filings, cover sheets and discovery.

13. Explain that there are features in word processing programs, such as table of authorities, mail merge, templates, track changes and formatting shortcuts that enable legal professionals to create more efficient and accurate documents.

74

Warm Up Wrap Up

This chapter will discuss word processing programs and explain how they can be used can be used to create, edit and save documents in the legal field. A goal of this chapter is for the student to develop sufficient confidence to be able switch between Word, WordPerfect and other word processing programs. They all have the same basic functions and features and offer many tools to assist in the transition from one to the other.

Learning Explain why the Ability to Adapt to Changes in Software is an Objective 1 Important Job Skill.

L.O. # 1 MAIN POINTS

➢ A. Legal professionals may need to adjust to new software programs as a result of a job change or new position.

➢ B. Legal professionals may also need to use different programs for the same tasks, such as WordPerfect instead of Microsoft Word.

➢ C. If the user recognizes the common features and functions of word processing software, he or she can quickly learn to use new programs.

➢ D. Users may also need to use new software as the result of a firm wide change or upgrade.

➢ E. A frequent issue that arises when upgrading or switching to different software is the compatibility of file formats.

75

➢ F. In addition, an important concern with new software is whether it will support documents that were created with the older software.

Learning Find Resources for Learning how to use a Program and its Features.

Objective 2 L.O. # 2 MAIN POINTS

➢ A. Every program has some level of instruction or help available.

➢ B. This help may be in the form of online resources including updates, tutorials, and answers to frequently asked questions.

➢ C. All programs also have some form of Help functions within the program itself.

➢ D. The Help button or pull-down menu is used to locate assistance for specific items using search terms.

➢ E. The program usually offers the ability to connect to the online resource if the built-in help is insufficient.

➢ F. Learning resources are also provided through internet access to the software vendor’s site.

➢ G. Online features include updates, answers to frequently asked questions, and tutorials, which may be interactive.

76

Learning Objective 3

Navigate and Find Desired Functions in Word Processors.

L.O. # 3 MAIN POINTS

➢ A. When using a word processing program it is important to become familiar with the location of the tools you need to work efficiently.

➢ B. The more recent versions of Microsoft Office have a ribbon interface.

➢ C. Menus and toolbars are the way to access the functions, features, and information in most word processors.

➢ D. A menu is a list of available commands.

➢ E. A toolbar is usually located across the top of the screen.

It contains menus, buttons, or a combination of both.

➢ F. The icons, menus, and toolbar options are similar in Word and WordPerfect. This similarity makes it easier to switch between the two programs.

Learning Objective 4

Create and Save Word Processing Documents in Multiple Formats.

L.O. # 4 MAIN POINTS

77

➢ A. The first step in creating a document is to start, or launch, the desired program.

➢ B. The second step, in most cases, is to open a file by either opening a new blank document or an existing file with the File menu.

➢ C. Both WordPerfect and Word have a search or browse tool that can be used to locate a file on your computer or the file server.

➢ D. Templates are special files that offer a quick way to start a new project.

➢ E. Templates are essentially blank documents with predefined formatting and fonts for specific types of documents.

➢ F. Saving a file begins with selecting an appropriate name for the file, the location it will be stored, and format in which it will be saved.

➢ G. The Save command saves the file with the same name and in the same location from which it was opened, effectively erasing the previous file with the same name.

➢ H. The Save As command prompts the user to indicate the name and the location in which the file is to be saved before saving the file. A new version of the file will be

78

saved, and the old file will be retained under its old name and location.

➢ I. Most word processing programs have the capability to open or save files in different file formats.

➢ J. A file format is the way word processor files are saved with document properties such as type font and type size and formatting details.

Learning Discuss Security Issues and Solutions in Saving Word Processing Objectives 5 Documents.

L.O. # 5 MAIN POINTS

➢ A. All word processing programs allow for some degree of security in the process of saving or sharing the file.

➢ B. The Protect Document option restricts how people may access the document, and protects the document from changes to the formatting or text.

➢ C. A password can totally prevent access to a document, or only restrict certain changes to the text or formatting.

➢ D. Document properties are the metadata of word processor documents and contain data or information about the document, such as the author, when created, and when last accessed or edited.

79

.

➢ E. These document properties or metadata may reveal sensitive information about a document.

➢ F. Both Word and WordPerfect offer specific instructions for removing metadata or other hidden information

Learning Use some of the Special Features in Word Processors for Creating Objective 6 Documents.

L.O. # 6 MAIN POINTS

➢ A. Headers and footers are the areas at the top and bottom, respectively, of each page of the document that provide information the author wants repeated on every page, such as the page number, a document title, or a copyright notice.

➢ B. The Track Changes feature allows each reviewer to see, in a single document, all the changes that have been made, instead of having to look at multiple drafts.

➢ C. The Document Comparison feature allows two documents to be compared and the differences shown and the document combined.

➢ D. Mail Merge feature allows a user to create mass mailings by automatically combining a document such as a form document, with a list of recipients.

80

➢ E. The Table of Authorities is a listing of the citations or other references in a document and the number of the pages where they are located.

Learning Recognize Changes and Updates to Major Word Processor Software.

Objective 7

L.O. # 7 MAIN POINTS

➢ A. Software is constantly updated and upgraded.

➢ B. Sometime the updates are to fix problems or bugs; improve existing features; or add new features.

➢ C. Some of the new features of Microsoft Office 2013 make the use of the suite’s programs more efficient and effective.

➢ D. Quick styles and document themes can change the appearance throughout a document.

➢ E. Documents in different formats can be shared.

➢ F. WordPerfect X5 has added many new enhancements to aid users’ productivity, particularly in the use of PDF files.

81

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. What are the advantages and the disadvantages in using passwords with word processor documents?

ANSWER: Passwords protect the file from being used, altered, or overwritten by another user. However, without access to similar documents, each member of the legal team may be forced to create from scratch a document that already exists. One way to address this issue is create a Forms file that everyone can access, but cannot Save to. For example, the form for a lease may be made available to all members of the team, but each can add data and Save it to a file for a specific client.

2. What are the security features in Word and WordPerfect?

ANSWER: Both have features which restrict how people may access documents (Protect Documents).

Users may also remove or restrict metadata about the author and when the document was created or edited (Document Properties).

3. Explain the functions of the word processing software as used by the legal team.

ANSWER: Word processing has allowed the legal team to become more efficient. At one time, a document needed to be typed two or three times before it was submitted to the court or a client. Now a document may be created, revised, and edited by the attorney at her workstation without the need for the document to be printed and retyped. Revisions may also be easily made by more than one member of the legal team. Frequently, forms and templates can be used so a document may be typed once and simply revised for the needs of a particular client. The ability to file documents electronically is also an outgrowth of the word processing software used today.

4. Describe what might be found in a word processor menu and toolbar.

ANSWER:

82

A menu displays a list of commands. Several menus are located on a toolbar at the top of the page. Toolbars can contain menus, buttons, or a combination of both. Typically the toolbar includes icons for frequently used functions such as Open a new document, Save, Print, and editing functions. The toolbar may be customized for the individual user.

5. How can you identify the document format by referring to the file extension?

ANSWER: A file extension (a period followed by characters) is added to the end of the file name to identify the program or format in which the file has been saved. Each different file format has its own designated extension.

6. What are the ethical issues in saving word processing documents?

ANSWER: If Track Changes is being used, the history of changes and other information will become part of the saved documents unless removed before saving. This history of changes may provide information on the strategy of the case, attorney work product, or reveal protected client information. MS Word offers instructions on how to remove this information. WordPerfect allows documents to be saved without metadata.

7. How can you control the degree to which others can access and change specific areas of your documents and specify the types of changes, such as tracked changes, comments and formatting, that can be made? Why would you want to allow different levels of access?

ANSWER: Microsoft Office programs provide a feature which restricts access. The Protect Document feature allows many options for controlling different types of access to documents. A writer may want some people on the team to be able to make edits to the document, while others should be prevented from making any changes, such as a client or opposing party. Persons within the legal team may need to see the changes made to the document, but this information should not be visible to those outside the firm, since the tracked changes may reveal confidential or privileged information.

8. How can you find and remove hidden data, such as tracked changes, comments and hidden text from the documents you send to others?

ANSWER:

83

Information that the creator of the document may want to restrict include any Track Changes or Document Comparison information. Both Word and WordPerfect offer specific instructions for removing the metadata or other hidden information. There are also programs that are added on to e-mail that automatically inquire of the sender if the document to be sent should be scanned for metadata and cleaned before sending.

9. Find information on Mail Merge in your word processor. Create a simple one-paragraph letter and a list of five recipients with addresses. Use the instructions to do the mail merge and print out the results.

ANSWER: The answer will vary by student. The form letter should be written in a way that it may be sent to multiple recipients without needing any edits to the finished letters other than the insertion of the names and addresses by the Mail Merge tool.

10. How can you help control sensitive information in your documents?

ANSWER: Sensitive information may be controlled through the use of password protection, permissions, and the removal of tracked changes or metadata.

11. How does the ethical duty of confidentiality affect the way word processor documents are saved?

ANSWER: Confidentiality requires access to files to be restricted or controlled. Only those who are a part of the legal team should have access to the client’s confidential information. Therefore, passwords are essential in protecting confidentiality. Other features such as Permissions and Track changes must be used and monitored to protect the client.

12. Choose a tool or feature in your word processing software that you would like to know more about. Find an online learning resource and locate the information that applies to that tool or feature.

ANSWER: Answers will vary by the student and the choices made, but the online learning resource should specifically address the tool or feature for that software product.

84

13. Write a step-by-step guide to create and save a document in your word processor program.

Be sure to explain the distinction between Save and Save As commands, and the implications of using each.

ANSWER: The answer will vary by student and the word processing program used. The explanation of the Save and Save As commands should demonstrate an understanding that the Save command entirely replaces the previous version of document with the revised version, whereas the Save As command allows the user to save the new version under a new file name, while retaining the old under the original name.

14. Identify five persons with whom you might interact at a law firm. Each person should hold a different working relationship with you, such as an attorney at the firm, a client, opposing counsel, or the court. Using a sample document, create a separate copy for each of the five people, and set appropriate permissions for each copy using password protection, the Protect Document feature of Microsoft Office.

ANSWER: The answers will vary by student, but should include different types of legal professionals as well as different levels of access, including who may view and/or edit the document.

15. Use Word to create a document with at least three case names and citations. The cases should be cited within the text. Neither the text nor the cases need to be authentic; they can be made-up information. Create a table of authorities and place it at the end of the document.

ANSWER: The document will vary by student, but should demonstrate an appropriate insertion of a table of authorities at the end of the document.

16. Use Word to create a sample form letter. Use Mail Merge to address it to five or more people in your address book.

ANSWER: Responses will vary depending on the creativity of the student, but must demonstrate a basic understanding of how to use Mail Merge to transfer names and addresses into a template.

Building Your Professional Skills

85

INTERNET AND TECHNOLOGY EXERCISES 1. View the demo “Create a legal team notebook” at http://office.microsoft.com/en-us/onenotehelp/demo-set-up-a-onenote-notebook-HA010186011.aspx 2. Complete the online Microsoft training course on protecting Word documents.

3. Complete the Microsoft Office lesson on Security for Word.

ANSWERS: The answers to 1-3 will vary by student, but should demonstrate a complete understanding of how these features can create a client notebook and protect client information.

Chapter Opening Scenario Case Study Use the opening scenario for this chapter to answer the following questions.

1. Prepare a list of the three online tutorials you would recommend to someone switching from Word to WordPerfect, from WordPerfect to Word, or from an older version to a newer version of the same program. Explain what features you found most helpful and why.

ANSWER: The answer will vary by student. There are tutorials from the vendors themselves, Corel and Microsoft. There are also tutorials and guides from other sources on the Internet.

2. Prepare a section for the employee handbook of a law firm explaining how to find help with using new software. Be sure to explain what steps may be taken to locate and use the resources for learning how to use specific programs.

ANSWER: The answer will vary by student and depend on the choices made by each student. The work product should provide a complete explanation about how to use the resources, so that users at any level of experience can find and use them using the section.

Continuing Cases and Exercises 1. Use the Internet to locate a sample fee agreement letter. Use the letter to create a template in Word or WordPerfect. Be sure to include only the boilerplate language in the template, and provide fields in which to enter the names of the parties, the amounts, and other variables.

2. Use the fee agreement template to prepare a fee agreement letter for a fictional client for services in preparing wills and documents for a family trip. Use the following billing rates:

86

a. Attorney $200 per hour b. Paralegal $75 per hour 3. Prepare a contingent fee agreement for use with the clients involved in the accident described in the case study material in Appendix 1. a. Write the first draft of the agreement. In this draft, the contingent fee is 30 percent of the net recovery, plus all out-of-pocket costs. Prepare the document to be sent to the clients electronically. b. Write a second draft of the agreement. Use the same contingent fee agreement, but reduce the fee to 20 percent for the driver who brought the case into the office. When saving the second draft of the agreement, use the appropriate features in Word or WordPerfect to remove all sensitive information from the file.

ANSWERS: Answers 1-3 will vary by student and the forms obtained via the Internet. The finished product should demonstrate a complete understanding of how to use a template and apply it to this practical situation, particularly in protecting sensitive information.

ADVANCED EXERCISES 1. Review the program’s Help feature to learn how to insert a table in a document.

2. Use the Table function to set up a table with information on the office staff, including names, addresses, social security numbers, and the other information required on the federal IRS forms W-4 and W-9.

3. Is the Sort function of any value in using the form created using the table?

4. Use the Table functions to set up a table with the information on the clients in the accident case. Use the information on the sample client interview sheet for the headings.

ANSWERS: The answers 1-4 will vary by student. The completed product should demonstrate a complete understanding of the use of these features and tools in a practical situation.

87

Building Your Professional Portfolio 1. Write a proposed law firm policy for ensuring that metadata and earlier edits to documents have been eliminated from the final version. Include step-by-step procedures for both Word and WordPerfect.

ANSWER: The response will vary by student. Consideration should be given to the dangers of opposing parties discovering confidential information from the history of the document. One option is to save working files and a separate final version. Once the final version is saved, all working versions are deleted. Another solution is to clean files before sending electronically by use of a metadata assistant program. The finished product should demonstrate a complete understanding of these strategies.

2. Write a memo in a small office on the dangers of using the Track Changes feature. Explain how to eliminate the dangers by properly saving completed files.

ANSWER: Responses will vary, but should demonstrate a complete understanding of the security issues.

The Track Changes feature may result in saving the document with the history of changes and then sending that version (with the history) to opposing counsel. The history of changes will certainly reflect the attorney’s thought process and may reveal the client’s confidential information. If Track Changes is not properly managed, the confidentiality and attorney-client privilege may be destroyed. The memo should give a complete explanation of how documents are saved with Track Changes and other metadata removed when saving the final draft.

88

Technology in the Law Office|CHAPTER 6 CHAPTER OBJECTIVE Describe how to use spreadsheet programs and create specialty spreadsheets for use in the law office.

CHAPTER LEARNING OBJECTIVES 1. Find resources for learning how to use a spreadsheet and its features.

2. Identify the parts of a spreadsheet.

3. Create, edit, and save a spreadsheet.

4. Use some of the special features of spreadsheets, including graphics.

Warm Up Questions

1. Explain to your students that mathematical calculations are often used in the legal field.

2. Brainstorm with your students to find examples of legal calculations.

3. Students may provide examples such as billing, settlement and complex estate planning.

4. Explain how electronic spreadsheets can organize data and automatically perform mathematical computations.

Warm Up Wrap Up

Some students with prior business experience will have familiarity with preparing spreadsheets. But many will be unfamiliar with the financial and mathematical calculations used by the legal team. It is important to identify the situations in which computations will need to be performed by the legal team, and help students recognize the ease with which those situations can be mastered with the assistance of electronic spreadsheets.

89

Learning Find Resources for Learning how to use a Spreadsheet and its Objective 1 Features.

L.O. # 1 MAIN POINTS

➢ A. Most software vendors provide help in learning how to use their software.

➢ B. Excel Help is opened from within an Excel file by clicking on the question mark symbol that opens a collection of Help options.

➢ C. Microsoft offers a number of online tutorials, some of which are listed in the Excel Help and How-to website.

➢ D. Corel’s Quattro ProX7 provides tutorials within the program that can be used without the need for an Internet connection.

Learning Identify the Parts of a Spreadsheet.

Objective 2

L.O. # 2 MAIN POINTS

➢ A. A spreadsheet, in its most basic form, is any two items with some mathematical relationship, with the result presented in a specific location called a cell.

➢ B. Spreadsheets use a set of terms to describe the parts of the spreadsheet, such as rows, columns, cells, formulas, worksheets, the formula bar and the active cell.

90

➢ C. The 2007 and later versions of Excel introduced a Ribbon design for the user interface.

➢ D. Excel now also provides tabs, groups, and command buttons that allow users to access features and functions that were accessed using menus and toolbars in earlier versions.

Learning Objective 3

Create, Edit, and Save a Spreadsheet.

L.O. # 3 MAIN POINTS

➢ A spreadsheet can simplify the task of making computations.

➢ B. A spreadsheet is created by entering numbers into cells and assigning a formula to the cell in which the desired result will appear.

➢ C. Create the column labels to identify the information. ➢ D. A label can be entered by typing it in a cell, or by selecting the cell and typing it in the formula or property bar.

➢ E. Enter the formula for the desired information in the cell that will contain the result.

91

➢ F. The formulas used in spreadsheets can be very simple or can be complex.

➢ G. A label and a formula is entered or changed by editing it in the Excel formula bar or the Quattro Pro property bar.

Learning Use some of the Special Features of Spreadsheets, Including Objective 4 Graphics.

L.O. # 4 MAIN POINTS

A. Each spreadsheet has a choice of tools and features that may be displayed on the toolbars for quick use.

B. Data in a spreadsheet is often better expressed in the form of a graph.

C. Any selection of cells can be converted to a graph using the Chart tool.

D. Many forms of graphic representations are available.

E. Specialty software is available for specific practice applications.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers

92

1. What are the security features available in Excel? How can these features help the legal team avoid ethical problems with sensitive information?

ANSWER: Most applications, such as Excel, can be password-controlled for security. As with other Office programs, a number of security options are offered, including inspections of the document for hidden metadata, as well as the ability to encrypt the file with a password, or to restrict the ability to change or edit a document.

2. Name three parts of a spreadsheet. In your own words, write definitions of these terms as if you were explaining them to another member of the law firm staff.

ANSWER: The parts of an electronic spreadsheet are: row – horizontal set of cells in a spreadsheet column – a vertical set of cells in a spreadsheet cell – in a spreadsheet, the box at the intersection of a row and column for text or numerical data formula/property bar – in Excel, the area at the top of the spreadsheet for entering a formula and data into spreadsheet cells workbook – a collection of worksheets 3. What steps may be taken to locate and use the resources for learning the Excel or Quattro Pro programs and their features?

ANSWER: Microsoft offers a number of online tutorials. Corel’s Quattro Pro provides tutorials within the program that can be used without the need for a connection to a website. Each program has content specific help within the program.

4. List the steps in creating and saving an electronic spreadsheet.

ANSWER: First – Start with deciding what you want the spreadsheet to show or calculate. Create a Spreadsheet Checklist.

1. What do you want to do?

2. What are the inputs?

3. What is the desired outcome?

4. What are the formulas?

5. What columns are needed?

93

Second – Create the column labels.

Setting up an electronic spreadsheet is a little like setting up the columns in a table, with each column having a heading; in this example, Dollars, Conversion Rate, and Euros. The label can be in any row, but in this example it is in Row 1.

Third – Enter a formula. Each time you place the cursor in a cell, a window opens for input of the formula in the property bar (Quattro Pro) or formula bar (Excel). The cell (row and column) in which the answer will be calculated must contain the desired formula.

Fourth – enter your data and review the results for accuracy Fifth – save the file in the location and with the name desired just as you would with a word processing file.

5. Create a spreadsheet that shows your grades for a course, or a list of five numbers in a range of 1 to 100, including a formula for computing the average of all the grades or numbers listed or the average of the five numbers listed. Use the graphics feature to prepare a graph.

ANSWER: The result will vary by student but there should be a column of cells with the figure, along with a label. The last cell of the column should contain the average. The averages should be the result of a formula rather than the student calculating by hand and entering the average.

6. What are the steps that can be taken to protect an Excel workbook?

ANSWER: As with other Office programs, steps may include a number of security options, such as inspections of the document for hidden metadata, as well as the ability to encrypt the file with a password, or to restrict access.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1. Download the Investment Ledger from the Microsoft website. Print out the graph “Investment Chart.”

2. Complete the Microsoft Office online tutorial “Audio Course: Get to Know Excel: Create Your First Workbook.”

3. Complete the Microsoft Office online tutorial “Get to Know Excel: Enter Formulas.”

94

ANSWERS: Answers 1-3 will vary by student. Suggest that students e-mail the tutorial results to confirm that they completed the tutorial.

Chapter Opening Scenario Case Study Use the opening scenario for this chapter to answer the following questions. The setting is an attorney and paralegal preparing for a labor negotiation session.

1. What should the attorney know about using a spreadsheet in a negotiation session? How can a spreadsheet aid in managing the session? Prepare a memo for the attorney to use in preparing for the negotiation session. Explain how the spreadsheet is to be used, and the different pieces of information that are included within it.

ANSWER: Responses will vary, but the product should demonstrate an understanding that the spreadsheet may be useful in quickly displaying and analyzing figures. If prepared properly, it can be used to show the effect of changes to the numbers almost instantaneously, and the attorney may use the spreadsheet to evaluate various positions during the negotiating process.

2. What information should the attorney convey to the paralegal to enable the paralegal to prepare the spreadsheet?

ANSWER: The attorney needs to convey what he wants the spreadsheet to demonstrate. There are a number of questions that can help the attorney put into words what he envisions the spreadsheet being used for.

1. What do you want to do?

2. What are the inputs?

3. What is the desired outcome?

4. What are the formulas?

5. What columns are needed?

3. How much of the spreadsheet can be set up ahead of time? What data fields will be left open?

Explain fully, with examples.

ANSWER:

95

The entire spreadsheet can be created ahead of time – the title, column labels, and functions can all be entered. Data can be entered, perhaps for the existing contract, to check that the calculations are correct.

4. What hardware or software will the attorney need for the meeting? Be specific and explain the reasons for each item.

ANSWER: The attorney will need a laptop equipped with the spreadsheet program. He will also need the cables necessary to attach to a display device such as monitor or projector. This will permit the spreadsheet to be seen by everyone at the same time. To the extent the attorney will need information from the office, an Internet connection will also be required to allow access to the firm’s file server.

Continuing Cases and Exercises 1. Prepare a spreadsheet for recording the time slips for the office. a. What headings are needed? Place these headings in the appropriate columns. b. Use the rates provided in previous exercises to create formulas for calculating fees. c. Enter all of your time information accumulated since Chapter 1. Be sure to describe each task appropriately in the spreadsheet rows. Provide dates and times to the nearest quarter of an hour. d. Sort the information by the billing function performed so that the spreadsheet is organized in a readable format.

ANSWER: The responses will vary, but at minimum, the column headings should include employee, client, rate, service code, hours, and description of the service provided.

2. Prepare a spreadsheet for calculating the payroll for a small law office staff consisting of two partners, an associate, a paralegal, a legal assistant, a clerk, and a receptionist. Create formulas for calculating withholding for federal and state taxes, an office health insurance plan, and 401(k) contributions.

ANSWER: The responses will vary, but the finished product should at minimum have column labels that include employee names, hours worked, pay rate, gross pay, each withholding item (taxes, 401(k), union dues, and other garnishments such as child support), and net pay. All calculations should use formulas to arrive at the final value.

96

Building Your Professional Portfolio 1. Prepare a memo to the legal team outlining the procedure for creating a spreadsheet for the settlement of a basic residential real estate transaction. Use the HUD form discussed in the chapter.

ANSWER: For the preparation of a spreadsheet, the requester should provide a description of the information to be displayed. The raw data to be collected must also be specified and the calculation desired. Creation of the spreadsheet should keep in mind the information requested and the ultimate goal of clear communication of that information. From the request, the team member creates a title and column labels, and enters the raw data in the appropriate cells. The formulas used to complete the calculation should be correct. The spreadsheet should be saved, and then provide to the requester for comment and revision.

2. Prepare a presentation on the use of a spreadsheet as a productivity tool in a ligation practice.

In the presentation, explain how a spreadsheet can make closing a case more efficient by streamlining the settlement of client accounts.

ANSWER: As there are many measures of productivity, the answer will vary by student. Possible responses may include explanations of efficiency and cost savings that result from spreadsheets, particularly with the use of templates. An effective presentation might also include a sample template for a settlement, with fields for the settlement amount, itemized costs, and fees.

97

Technology in the Law Office|CHAPTER 7 CHAPTER OBJECTIVE Explain the functions and uses of databases in the law office.

CHAPTER LEARNING OBJECTIVES 1. Define the function of a database and identify its components.

2. Explain how databases may be used by the legal team.

3. Find resources for learning how to use a database program and its features.

4. Explain how to plan and setup a database.

5. Explain what can be done to protect data and computer systems. .

Warm Up Questions

1. Begin by telling your students that they may be surprised to learn that they use databases every day.

2. Provide a few examples, such as online phone directories, iTunes, Yelp, Netflix or MapQuest.

3. Brainstorm with your students regarding other databases that they encounter on a personal and professional basis.

4. Brainstorm with your students regarding other databases that they encounter on a personal and professional basis.

5. After you have put examples of different databases on the board, discuss the different features and commonalities of the examples.

Warm Up Wrap Up

Many students will be surprised to learn that they use databases all the time. Some are electronic, while others are not. One of the goals of this 98

chapter is to make students more aware of the role of databases in daily life. This awareness will assist them in understanding some of the materials in this chapter and the next.

Learning Define the Function of a Database and Identify its Components.

Objective 1 L.O. # 1 MAIN POINTS

➢

A. A database is a repository of information that can be sorted and presented in a clear and meaningful manner.

➢

B. Computerized databases provide timely, accurate access to information by every authorized member of the legal team.

➢

C. Information may be stored on the law firm’s server in an information database that includes the names, addresses, contact information and personal data of every client.

➢

D. It may also contain every opposing party, witness and opposing attorney with whom any member of the firm has ever had contact with in the course of the firm’s business.

➢

E. Members of the legal team rarely create their own databases; more often applications are used for databases that help manage the office, cases, or documents in litigation.

99

➢

F. Software vendors have created applications designed for the specific needs of the legal community.

➢

G. When developing a database, a familiarity with database terminology makes it easier to work with the software developer, IT personnel, or outside consultant.

➢

H. Databases organize information in tables containing fields of information, or data.

➢

I. A field contains one type of information, such as last names.

➢ J. A record is all the information about one item or person.

➢ K. Reports present the data from the database in an organized, readable presentation.

Learning Explain how Databases may be used by the Legal Team.

Objective 2 L.O. # 2 MAIN POINTS

➢ A. Most law offices once stored information in the form of a paper card file system containing names, contact 100

information, and types of legal matter. This was a type of database.

➢ B. With an electronic database, information can be checked more quickly, accurately, and reliably.

➢ C. The data can also be searched using a set of criteria defined by the user, with the results presented in a report.

➢ D. In most specialty software programs, predefined reports may be generated that search across different databases used within that program.

Learning Find Resources for Learning how to use a Database Program and its Objective 3 Features.

L.O. # 3 MAIN POINTS

➢ A. Help features include not only the user manual that accompanied the software at time of purchase, but also the help menu within the program itself.

➢ B. The Help button or pull-down menu is used to locate assistance for specific items using search terms.

➢ C. Step-by-step tutorials for learning to create and use databases are provided on the Microsoft Access program Help.

101

Learning Explain how to Plan and Setup a Database.

Objective 4

L.O. # 4 MAIN POINTS

➢ A. At its most basic level, a database is a set of records that contain fields of information.

➢ B. A database may be created by starting with a blank database to which the fields are added.

➢ C. A database may also be created using one of the templates available in Access Backstage by selecting the “New” command.

➢ D. At a law firm, the actual design of the database is usually done by the IT staff or an outside database consultant.

Learning Objective

5 Explain what can be done to Protect Data and Computer Systems.

L.O. # 5 MAIN POINTS

➢ A. The database in a law office contains confidential information that must be protected.

➢ B. Although it is confidential, it must also be available to those who need it.

102

➢ C. Microsoft Access provides options for password and permissions that can be used to provide different levels of access to different persons.

➢ D. Where the data is of a confidential or privileged nature, the legal team should have a secure procedure for limiting access only to those who need the data.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. What security features are available in Access? Choose one of these features and explain, in your words, how it can be used to prevent someone with a conflict of interest from accessing specific client information.

ANSWER: Microsoft Access provides options for password and permissions level setup that can be used to restrict access. The response must show an understanding of how these options are implemented in a database. A database in a law office contains confidential information, such as the list of clients, and may contain potentially privileged information, such as the reason the client is consulting the law firm. Protecting this information is an ethical obligation. The question that must be considered is how to balance the need for access with the need to restrict access to those with a need to have the information.

2. What steps may be taken to locate and use the resources for learning how to use the Access program?

ANSWER: Step-by-step tutorials for learning to create and use databases are provided on the Microsoft Access program Help feature.

103

3. Explain how a database organizes data, using the terms “table,” “record,” “field,” and “report.”

ANSWER: Databases organize information in tables containing fields of information, or data. A field contains one type of information, such as last names. A record is all the information about one item or person. Reports present the data from the database in an organized, readable presentation.

4. Think of one type of information that may be collected by a law firm about their clients.

Describe how a database may be used by the legal team to organize, search, and report this information.

ANSWER: Responses will vary depending on the type of information chosen. Databases in the law firm can be used to manage client relations, check for conflicts, manage time and billing, or provide case management and litigation support. The student response should demonstrate a understanding that one of the advantages of the modern database is the ability to search across a number of different sets of information and sort the data according to a predefined set of criteria.

5. Imagine you are helping an attorney start a new law practice. Explain how to plan and set up a database for collecting data about new clients.

ANSWER: Responses will vary depending on choices made by each student, but the finished product should demonstrate an understanding of templates, and how data is entered into fields and tables. Students should also understand that Access can be used to create a template with items in a number of pre-defined categories. Creating a new database for contacts is possible by selection from the list to set up the desired fields.

6. Explain why security features are vital when a law firm maintains a client database.

ANSWER: A database in a law office contains confidential information, like the list of clients, and may contain potentially privileged information, like the reason the client is consulting the law firm.

Protecting this information is an ethical obligation. The question that must be considered is how to balance the need for access with the need to restrict access to those with a need to have the information. Microsoft Access provides options for password and permissions level setup that can be used to restrict access.

104

7. A database of information can be used in many ways by the legal team. Prepare a list of at least five reports that could be prepared using a database. What is the purpose of each report?

What data will they contain?

ANSWER: Responses will vary, depending on the choices made by each student. The response should demonstrate an understanding of the capabilities of database software. Case management, client contacts, and billing and litigation management programs are examples of possible uses.

Each report idea should explain how data would be organized and presented to serve the purposes of the report.

8. How can a database be used to prevent a conflict of interest when a new client engages a law firm’s services?

ANSWER: A simple database of a single table might be used to sort or organize a client list to identify conflicts. Each client record will contain the names of the adverse parties in their case, as well as information about the client’s employment or affiliations. When a new client is entered into the system, the client list can be searched to determine if the firm has other clients adverse to the new client.

9. How can a properly maintained database of client information be used for marketing the firm’s services? Give two examples of marketing strategies that would employ the law firm’s database.

ANSWER: One can send cards for birthdays, wedding anniversaries, or holidays. Clients who have used the firm for particular types of services can receive legal newsletters concerning those areas of law.

By keeping track of when wills are signed, the law firm can send a “check-up” notice after a certain period of time to review and perhaps revise a client’s estate plan.

10. In a law office that has a network, everyone may have access to all the information on the network. If the firm’s database is on the network, what, if anything, should be done to limit access? What levels of access should be set up and why?

ANSWER: Different levels of access are wise. Not everyone needs to have access and it may be important to limit who can enter and edit sensitive information. To avoid keystroke errors or multiple 105

entries of the same information, perhaps only one or two people should have access to enter and edit information. The rest of the office should have access to view client lists to check for conflicts.

11. Prepare a database of family and friends, including important dates such as birthdays and anniversaries. Sort the list by date.

ANSWER: The responses will vary, but should demonstrate an understanding of the goal of this list, which is to come up with a reminder list for sending cards or gifts throughout the year.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1.

Verify which version of Access you will be using and select the appropriate training tutorial. a. Access 2007-Complete the Microsoft Office “Hand-On Training for Access Forms.” b. Access 2010 Create Forms for a new Access 2007 Database. c. Access 2013 Create Forms for a New Database.

2.

Create a form to enter and view your data. After the training, explain in your own words how a form is created, as if you were explaining to the legal team.

ANSWERS: The responses will vary, but should demonstrate a basic understanding of how data entry forms are created with Access.

3. Prepare a list of online tutorial topics for learning and using the Access database. Name at least five topics for tutorials.

ANSWER: Student responses will vary depending on topic choices, but the topics should reflect an understanding of the features and uses of Access for creating databases.

Chapter Opening Scenario Case Study Use the Opening Scenario for this chapter to answer the following questions. The setting is a law office with metal boxes full of hundreds of 3-by-5 cards containing client records.

106

1. Prepare a memo stating the reasons why the attorney should switch to an electronic database. Detail the potential ethical problems that could be avoided by using a database to keep client records.

ANSWER: By doing away with the paper system, the electronic database will eliminated the problems resulting from misfiled and lost cards. Once entered into the database, the information is stored alphabetically, and lost data related to misfiling alphabetically will disappear. In the electronic database, the information may be searched and sorted in more ways than simply by name. The type of matter, the birthday of the client, or any other information can be used for sorting.

Maintaining a list for birthdays is simple, as is setting up a list of clients who need to have their wills reviewed based on the date their last will was signed. The options for use of the information, once entered into the database, are almost limitless.

2. Prepare a design for a database table for a small office practice, listing the fields for each table.

ANSWER: The answer will vary by student and his or her imagination as to what information can be useful for the law firm. The design should, at minimum, include name, address, phone and email contacts. Employment, type of representation, referral source, fee arrangements, date file closed, and other matters the firm has handled for the same client, are examples of other information that might be helpful to the firm.

3. Explain how the database designed in question 2 could be used in the practice. Detail at least three purposes.

ANSWER: The answer will vary by student and the items used in the database designed. Based on the suggestions above: Use the information on other representation to find satisfied, repeat clients.

Use the referral information to send thank you notes to the referring source.

Use the fee information to generate a productivity report.

4. How could the database designed in question 2 have prevented the conflict in the Opening Scenario?

ANSWER:

107

A conflict check could have been performed easily and reliably by searching the list of clients and types of representation in the database.

5. Prepare a memo for the employee handbook about the procedure to be followed for entering client data and using the database to check for conflicts.

ANSWER: The answer will vary by student but should include an effort to prescreen a client before they come to the office so a conflict check can be done before the initial client interview. It is important to check both the name of the potential new client and the likely opposing party in the potential case. Finally, it is important to check the type of representation to determine whether direct conflict exists that would bar representation.

Continuing Cases and Exercises 1. Prepare a database for the information in Case A in Appendix II. 2. Prepare a list of individual databases that should be set up with the records and fields to manage Case A in Appendix II. 3. Use the Contacts template in Access 2010 to create a database of the clients in Case A in Appendix II. ANSWERS: The answers to 1-3 will vary by student and the work prepared in the prior chapter exercises.

The product should demonstrate a complete understanding of how a database is created, and how data can entered, sorted, and displayed most effectively.

BUILDING YOUR PROFESSIONAL PORTFOLIO 1. Prepare a memo to law firm staff outlining a procedure for entering new client data into the firm’s client database.

ANSWER: The answer will vary by student, particularly the forms that are created. The information necessary would include what the firm is trying to keep track of, such as client information, or fee generation by type of case. Then the raw data related to the item will be entered in a database.

108

2. Prepare a presentation on the uses of a database as a productivity tool. Outline how a database can be used for such purposes as improving and expediting conflicts checks, or preparing for trial by sorting facts, sources, and witnesses.

ANSWER: The answer will vary by student and how productivity is measured. Productivity can be measured by billable hours, fees generated, fees collected, and a comparison of hours against fees to determine where the profit centers of the law firm are.

109

Technology in the Law Office|CHAPTER 8 CHAPTER OBJECTIVE Explain the functions and uses of databases in the law office.

CHAPTER LEARNING OBJECTIVES 1. Define the function of a database and identify its components.

2. Explain how databases may be used by the legal team.

3. Find resources for learning how to use a database program and its features.

4. Explain how to plan and setup a database.

5. Explain what can be done to protect data and computer systems. .

Warm Up Questions

6. Begin by telling your students that they may be surprised to learn that they use databases every day.

7. Provide a few examples, such as online phone directories, iTunes, Yelp, Netflix or MapQuest.

8. Brainstorm with your students regarding other databases that they encounter on a personal and professional basis.

9. Brainstorm with your students regarding other databases that they encounter on a personal and professional basis.

10. After you have put examples of different databases on the board, discuss the different features and commonalities of the examples.

Warm Up Wrap Up

Many students will be surprised to learn that they use databases all the time. Some are electronic, while others are not. One of the goals of this 110

chapter is to make students more aware of the role of databases in daily life. This awareness will assist them in understanding some of the materials in this chapter and the next.

Learning Define the Function of a Database and Identify its Components.

Objective 1

L.O. # 1 MAIN POINTS

➢

A. A database is a repository of information that can be sorted and presented in a clear and meaningful manner.

➢

B. Computerized databases provide timely, accurate access to information by every authorized member of the legal team.

➢

C. Information may be stored on the law firm’s server in an information database that includes the names, addresses, contact information and personal data of every client.

➢

D. It may also contain every opposing party, witness and opposing attorney with whom any member of the firm has ever had contact with in the course of the firm’s business.

➢

E. Members of the legal team rarely create their own databases; more often applications are used for databases

111

that help manage the office, cases, or documents in litigation.

➢

F. Software vendors have created applications designed for the specific needs of the legal community.

➢

G. When developing a database, a familiarity with database terminology makes it easier to work with the software developer, IT personnel, or outside consultant.

➢

H. Databases organize information in tables containing fields of information, or data.

➢

I. A field contains one type of information, such as last names.

➢ J. A record is all the information about one item or person.

➢ K. Reports present the data from the database in an organized, readable presentation.

Learning Explain how Databases may be used by the Legal Team.

Objective 2 L.O. # 2 MAIN POINTS

112

➢ A. Most law offices once stored information in the form of a paper card file system containing names, contact information, and types of legal matter. This was a type of database.

➢ B. With an electronic database, information can be checked more quickly, accurately, and reliably.

➢ C. The data can also be searched using a set of criteria defined by the user, with the results presented in a report.

➢ D. In most specialty software programs, predefined reports may be generated that search across different databases used within that program.

Learning Find Resources for Learning how to use a Database Program and its Objective 3 Features.

L.O. # 3 MAIN POINTS

➢ A. Help features include not only the user manual that accompanied the software at time of purchase, but also the help menu within the program itself.

➢ B. The Help button or pull-down menu is used to locate assistance for specific items using search terms.

113

➢ C. Step-by-step tutorials for learning to create and use databases are provided on the Microsoft Access program Help.

Learning Explain how to Plan and Setup a Database.

Objective 4

L.O. # 4 MAIN POINTS

➢ A. At its most basic level, a database is a set of records that contain fields of information.

➢ B. A database may be created by starting with a blank database to which the fields are added.

➢ C. A database may also be created using one of the templates available in Access Backstage by selecting the “New” command.

➢ D. At a law firm, the actual design of the database is usually done by the IT staff or an outside database consultant.

Learning Explain what can be done to Protect Data and Computer Systems.

Objective 5

L.O. # 5 MAIN POINTS

➢ A. The database in a law office contains confidential information that must be protected.

114

➢ B. Although it is confidential, it must also be available to those who need it.

➢ C. Microsoft Access provides options for password and permissions that can be used to provide different levels of access to different persons.

➢ D. Where the data is of a confidential or privileged nature, the legal team should have a secure procedure for limiting access only to those who need the data.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. What security features are available in Access? Choose one of these features and explain, in your words, how it can be used to prevent someone with a conflict of interest from accessing specific client information.

ANSWER: Microsoft Access provides options for password and permissions level setup that can be used to restrict access. The response must show an understanding of how these options are implemented in a database. A database in a law office contains confidential information, such as the list of clients, and may contain potentially privileged information, such as the reason the client is consulting the law firm. Protecting this information is an ethical obligation. The question that must be considered is how to balance the need for access with the need to restrict access to those with a need to have the information.

2. What steps may be taken to locate and use the resources for learning how to use the Access program?

115

ANSWER: Step-by-step tutorials for learning to create and use databases are provided on the Microsoft Access program Help feature.

3. Explain how a database organizes data, using the terms “table,” “record,” “field,” and “report.”

ANSWER: Databases organize information in tables containing fields of information, or data. A field contains one type of information, such as last names. A record is all the information about one item or person. Reports present the data from the database in an organized, readable presentation.

4. Think of one type of information that may be collected by a law firm about their clients.

Describe how a database may be used by the legal team to organize, search, and report this information.

ANSWER: Responses will vary depending on the type of information chosen. Databases in the law firm can be used to manage client relations, check for conflicts, manage time and billing, or provide case management and litigation support. The student response should demonstrate a understanding that one of the advantages of the modern database is the ability to search across a number of different sets of information and sort the data according to a predefined set of criteria.

5. Imagine you are helping an attorney start a new law practice. Explain how to plan and set up a database for collecting data about new clients.

ANSWER: Responses will vary depending on choices made by each student, but the finished product should demonstrate an understanding of templates, and how data is entered into fields and tables. Students should also understand that Access can be used to create a template with items in a number of pre-defined categories. Creating a new database for contacts is possible by selection from the list to set up the desired fields.

6. Explain why security features are vital when a law firm maintains a client database.

ANSWER: A database in a law office contains confidential information, like the list of clients, and may contain potentially privileged information, like the reason the client is consulting the law firm.

116

Protecting this information is an ethical obligation. The question that must be considered is how to balance the need for access with the need to restrict access to those with a need to have the information. Microsoft Access provides options for password and permissions level setup that can be used to restrict access.

7. A database of information can be used in many ways by the legal team. Prepare a list of at least five reports that could be prepared using a database. What is the purpose of each report?

What data will they contain?

ANSWER: Responses will vary, depending on the choices made by each student. The response should demonstrate an understanding of the capabilities of database software. Case management, client contacts, and billing and litigation management programs are examples of possible uses.

Each report idea should explain how data would be organized and presented to serve the purposes of the report.

8. How can a database be used to prevent a conflict of interest when a new client engages a law firm’s services?

ANSWER: A simple database of a single table might be used to sort or organize a client list to identify conflicts. Each client record will contain the names of the adverse parties in their case, as well as information about the client’s employment or affiliations. When a new client is entered into the system, the client list can be searched to determine if the firm has other clients adverse to the new client.

9. How can a properly maintained database of client information be used for marketing the firm’s services? Give two examples of marketing strategies that would employ the law firm’s database.

ANSWER: One can send cards for birthdays, wedding anniversaries, or holidays. Clients who have used the firm for particular types of services can receive legal newsletters concerning those areas of law.

By keeping track of when wills are signed, the law firm can send a “check-up” notice after a certain period of time to review and perhaps revise a client’s estate plan.

10. In a law office that has a network, everyone may have access to all the information on the network. If the firm’s database is on the network, what, if anything, should be done to limit access? What levels of access should be set up and why?

117

ANSWER: Different levels of access are wise. Not everyone needs to have access and it may be important to limit who can enter and edit sensitive information. To avoid keystroke errors or multiple entries of the same information, perhaps only one or two people should have access to enter and edit information. The rest of the office should have access to view client lists to check for conflicts.

11. Prepare a database of family and friends, including important dates such as birthdays and anniversaries. Sort the list by date.

ANSWER: The responses will vary, but should demonstrate an understanding of the goal of this list, which is to come up with a reminder list for sending cards or gifts throughout the year.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 2.

Verify which version of Access you will be using and select the appropriate training tutorial. d. Access 2007-Complete the Microsoft Office “Hand-On Training for Access Forms.” e. Access 2010 Create Forms for a new Access 2007 Database. f. Access 2013 Create Forms for a New Database.

2.

Create a form to enter and view your data. After the training, explain in your own words how a form is created, as if you were explaining to the legal team.

ANSWERS: The responses will vary, but should demonstrate a basic understanding of how data entry forms are created with Access.

3. Prepare a list of online tutorial topics for learning and using the Access database. Name at least five topics for tutorials.

ANSWER: Student responses will vary depending on topic choices, but the topics should reflect an understanding of the features and uses of Access for creating databases.

118

Chapter Opening Scenario Case Study Use the Opening Scenario for this chapter to answer the following questions. The setting is a law office with metal boxes full of hundreds of 3-by-5 cards containing client records.

1. Prepare a memo stating the reasons why the attorney should switch to an electronic database. Detail the potential ethical problems that could be avoided by using a database to keep client records.

ANSWER: By doing away with the paper system, the electronic database will eliminated the problems resulting from misfiled and lost cards. Once entered into the database, the information is stored alphabetically, and lost data related to misfiling alphabetically will disappear. In the electronic database, the information may be searched and sorted in more ways than simply by name. The type of matter, the birthday of the client, or any other information can be used for sorting.

Maintaining a list for birthdays is simple, as is setting up a list of clients who need to have their wills reviewed based on the date their last will was signed. The options for use of the information, once entered into the database, are almost limitless.

2. Prepare a design for a database table for a small office practice, listing the fields for each table.

ANSWER: The answer will vary by student and his or her imagination as to what information can be useful for the law firm. The design should, at minimum, include name, address, phone and email contacts. Employment, type of representation, referral source, fee arrangements, date file closed, and other matters the firm has handled for the same client, are examples of other information that might be helpful to the firm.

3. Explain how the database designed in question 2 could be used in the practice. Detail at least three purposes.

ANSWER: The answer will vary by student and the items used in the database designed. Based on the suggestions above: Use the information on other representation to find satisfied, repeat clients.

Use the referral information to send thank you notes to the referring source.

Use the fee information to generate a productivity report.

119

4. How could the database designed in question 2 have prevented the conflict in the Opening Scenario?

ANSWER: A conflict check could have been performed easily and reliably by searching the list of clients and types of representation in the database.

5. Prepare a memo for the employee handbook about the procedure to be followed for entering client data and using the database to check for conflicts.

ANSWER: The answer will vary by student but should include an effort to prescreen a client before they come to the office so a conflict check can be done before the initial client interview. It is important to check both the name of the potential new client and the likely opposing party in the potential case. Finally, it is important to check the type of representation to determine whether direct conflict exists that would bar representation.

Continuing Cases and Exercises 1. Prepare a database for the information in Case A in Appendix II. 2. Prepare a list of individual databases that should be set up with the records and fields to manage Case A in Appendix II. 3. Use the Contacts template in Access 2010 to create a database of the clients in Case A in Appendix II. ANSWERS: The answers to 1-3 will vary by student and the work prepared in the prior chapter exercises.

The product should demonstrate a complete understanding of how a database is created, and how data can entered, sorted, and displayed most effectively.

BUILDING YOUR PROFESSIONAL PORTFOLIO 1. Prepare a memo to law firm staff outlining a procedure for entering new client data into the firm’s client database.

ANSWER: The answer will vary by student, particularly the forms that are created. The information necessary would include what the firm is trying to keep track of, such as client information, or 120

fee generation by type of case. Then the raw data related to the item will be entered in a database.

2. Prepare a presentation on the uses of a database as a productivity tool. Outline how a database can be used for such purposes as improving and expediting conflicts checks, or preparing for trial by sorting facts, sources, and witnesses.

ANSWER: The answer will vary by student and how productivity is measured. Productivity can be measured by billable hours, fees generated, fees collected, and a comparison of hours against fees to determine where the profit centers of the law firm are.

121

Technology in the Law Office|CHAPTER 9 CHAPTER OBJECTIVE Explain the value of office management programs for the efficient operation of the law office.

CHAPTER LEARNING OBJECTIVES 1. Explain the basic functions of office management software.

2. Describe the function of calendaring software in the law office.

3. Explain the importance of timekeeping software.

4. Explain the importance of accounting records in a law office.

5. Explain the use of project management in the law office.

Warm Up Questions

Warm Up Wrap Up

1.

Begin by discussing the different types of administrative functions performed in a law office, such as entering case information, contact information, deadlines and schedules.

2.

Ask your students to identify potential mistakes in administrative functions that could lead to malpractice liability

3.

Provide examples such as incorrect calendaring, missed court appearances and deadlines and the failure to notify opponents due to improper addresses and record keeping.

4.

Brainstorm with your students about how an electronic office management database could remedy some of these mistakes.

This chapter will discuss how specialty software applications have been designed to assist with many office management functions. The management functions themselves have not changed, but the way in which they are accomplished has been made easier by the use of 122

computer technology. Students will be provided with a basic understanding of how technology has impacted the managerial functions of a law office, such as time keeping, billing, and calendar maintenance.

Learning Objective 1

Explain the Basic Functions of Office Management Software.

L.O. # 1 MAIN POINTS

➢ A. Office management software programs use databases to store information.

➢ B. A database is a collection of records that contain similar information.

➢ C. There are a number of legal specialty office or practice management software programs available, of which AbacusLaw and Tabs3 are two of the most popular.

➢ D. These programs perform multiple tasks, such as calendaring, time keeping, accounting, and keeping track of contacts and files.

Learning Objective 2

Describe the Function of Calendaring Software in the Law Office.

L.O. # 2 MAIN POINTS

123

➢ A calendar program is basically a database of dates and related information

➢ B. Most calendar programs have an alert or alarm feature that signals when a preset time is reached

➢ C. Rules-based calendaring programs automatically calculate deadlines based on the type of case, the type of event, and the court rules of the selected jurisdiction.

➢ D. A court’s rules of civil procedure will establish the time limits for filing and responding to pleadings.

➢ E. Calculating the important dates in a case requires a careful review of the specific court rules of the jurisdiction in which the case is filed.

➢ F. The paralegal is usually responsible for entering the deadlines and reminders into the firm’s central calendaring system.

Learning Objective 3

Explain the Importance of Timekeeping Software.

L.O. # 3 MAIN POINTS

➢ A. Timekeeping is the recording of all time spent performing activities during the workday.

124

➢ B. Keeping track of billable time ensures that the law firm will be properly compensated for its advice and efforts on behalf of the clients.

➢ C. Timekeeping is not limited to attorneys, but usually includes paralegals as well.

➢ D. Timekeeping has been automated by the use of software. ➢ E. These applications accurately capture, store and process this information and automatically prepare billing and timekeeping records.

Learning Explain the Importance of Accounting Records in a Law Office.

Objective 4

L.O. # 4 MAIN POINTS

➢ A. Accounting software is used for recording and processing the financial transactions of the firm.

➢ B. Most general accounting software follows the general rules of accounting for recording financial information.

➢ C. This information falls into five major classifications: assets, liabilities, equity, revenues, and expenses.

➢ D. Accurate financial record keeping and reporting is an essential part of the operation of the law office.

125

➢ E. Abacus Accounting, Tabs3 and Clio are examples of programs designed specifically for the legal environment.

➢ F. They have preset input screens and output report functions for typical law office items, such as client fees and costs that are expended and reimbursed. .

➢ G. They are also integrated with timekeeping software.

Learning Objective 5

Explain the Use of Project Management in the Law Office.

L.O. # 5 MAIN POINTS

➢ A. In the contemporary practice of law, clients are requesting or even demanding alternative methods to the traditional hourly billing.

➢ B. Many firms now charge fixed or flat fees, contingent fees, or incentive-based fees that pay bonuses for time saved and early completion of projects.

➢ C. Legal project management helps manage the client’s case or individual matter more efficiently and at the same time creates a historic database of resources and timelines needed for specific tasks that can be used for quoting fees.

126

➢ D. Knowing how many hours are really required and who should be assigned the task to perform a complex transaction is essential in quoting a competitive legal fee.

➢ E. Knowing how many hours are really required and who should be assigned the task to perform a complex transaction is essential in quoting a competitive legal fee.

➢ F. In order to make the most cost-effective use of these experts, the legal matter must also be managed as a project.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. What resources are available for learning how to use office management software programs?

Where are these resources located?

ANSWER: The user manual will generally have references, and the program itself will feature a help function or tutorial. Many of these resources are also available online. Most community colleges and high schools offer non-credit classes at no or low cost to learn these and other programs.

2. Explain, in your own words and as if you were explaining it to another member of the law firm staff, what office management software does and how it works.

ANSWER: The basic functions for which law office management software is used are: Calendar – for keeping personal appointments, case deadlines, statutes of limitations, and important dates and reminders Contacts – keeping a current list of names, addresses, phone numbers, e-mail addresses, and other information for clients, opposing counsel, vendors, networking contacts, and other people and firms.

Files – keeping track of individual case files, projects, client matters, and related documents Accounting – keeping track of time and billing information, and client and firm accounts, and for preparing bills, reports, and tax returns. Office management software uses a database or sets of 127

databases to record information. This information can then be searched for specific items. The data can then be assembled and reported as a response to a query, such as, “what are the appointments for today?”

AbacusLaw uses four main databases—Names, Events, Matters, and Documents—to store the information. The information can be sorted and searched by any combination of the four databases to find what the user may be looking for, such as the phone number of opposing counsel.

3. What is the function of calendaring software in the law office? How can calendaring software help prevent malpractice claims?

ANSWER: At its basic level, calendar software is a database of dates and related information. It is used to keep track of important dates and deadlines. This software can help prevent malpractice claims by automatically reminding the legal team of important deadlines. Some software can be configured with pre-set rules to automatically set up the reminders, based on the rules of civil procedure of a particular jurisdiction.

4. What is the importance of maintaining accurate timekeeping records in a law office? How do timekeeping records benefit both the law firm and the client?

ANSWER: Accounting records are important to maintain for the clients, who expect accurate billing statements. In addition, the courts expect accurate reporting with regard to escrowed funds and settlement proceeds. Taxing authorities expect accurate records with regard to deposits of payroll taxes and the filing of tax returns.

5. While inputting time records, a paralegal sees that the same law firm employee is billing two clients for the same time on the same task (“double billing”). What are the ethical obligations of the paralegal? Are there any ethical issues that the paralegal or law firm may face if the double billing is not corrected?

ANSWER: The paralegal has an obligation to the law firm and its clients to be sure that accurate billing is prepared. The paralegal can ask the person who recorded the time if it might have been an error. If no error, the paralegal should determine if there should be a correction. If dissatisfied with the response or not comfortable asking the other staff member, the paralegal should bring the matter to the attention of the managing or supervising attorney for investigation.

6. What potential ethical problems could result from recording time spent on a case on the outside of a client’s file folder? How can these problems be avoided?

ANSWER:

128

Information written on the outside of the client folder can be seen by anyone. Time or record keeping contains confidential or privileged information, and the legal team will have breached it ethical obligation to protect the client’s information.

7. How can legal specialty software ensure compliance with the ethical obligations related to client funds?

ANSWER: Accounting software makes it easier to keep track of client funds, so long as the data and transactions concerning those funds are entered properly.

8. What is the purpose of the IOLTA account program? Is it in use in your jurisdiction?

ANSWER: IOLTA account programs were set up by the states for several purposes. One was to permit attorneys to aggregate small sums of money held on behalf of multiple clients and allow them to be placed in a single escrow account, so long as the attorney maintained separate paper accounting. However, a single account was troublesome if interest was earned. The interest earned on the account is not credited to the individual clients or the law firm but goes instead to a client protection fund or legal aid fund administered by the state. Thus, the second purpose of IOLTA is funding legal services.

9. What are the ethical implications of attorneys using client funds?

ANSWER: It is a violation of the ethical cannons and a legal crime for an attorney to use client’s funds for his or her own benefit.

10. How do IOLTA programs help the administration of justice?

ANSWER: IOLTA programs help administer justice by funding legal services for the indigent.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES Prepare a list of companies offering law office management software. Then prepare a table listing and comparing the functions performed as well as the training resources available online.

Based on the comparison, which products are the most useful or comprehensive? Which software is the most carefully tailored to a law practice?

ANSWER: The answer will vary by student and the programs they select.

129

CHAPTER OPENING SCENARIO CASE STUDY Use the Opening Scenario for this chapter to answer the following questions. The scenario is that of a paralegal in an office that has grown from just herself and one attorney to a large firm of many attorneys, paralegals, and secretaries.

1. Name at least three tasks that can be automated in a firm of this size.

ANSWER: Almost any managerial task can be automated: calendaring, timekeeping and billing, accounting, and contacts.

2. Use the Internet to find software solutions for performing the tasks you listed in your answer to question 1. What are the costs for software licenses? What are the hardware requirements for the different software solutions?

ANSWER: The answer will vary by student, the software selected and the cost for same.

3. What are the security and confidentiality issues that must be addressed in implementing these solutions? Explain fully, with suggestions for resolving the issues.

ANSWER: The law firm must be certain that once automated, the access to any particular program is limited to those who have a need to know or use a particular function. For example, the receptionist probably does not need to have access to time keeping, billing, and accounting functions. There will also be concerns related to the firm’s confidential financial records, and not everyone in the law firm needs to know what the senior partner earned last year. But where access to the firm’s financial records is limited to a single person, that person may have the ability to manipulate records and embezzle funds. It is a delicate balance. With regard to client confidentiality, time and billing records must be protected because they often contain confidential information.

4. What are the advantages that can be presented to the partners to justify the cost of implementing the solution you recommend?

ANSWER: The greatest advantage will likely be the time saved by using the software packages. These programs are designed to sort information and generate reports with only a few commands. The amount of time that can be saved in routine tasks, such as preparing bills, or determining which bills are outstanding, makes the investment worthwhile. It is also important to point out that the software is only as good as the individuals that are using it. So it will be important to take time to use the training or tutorials that are provided to make the best use of the programs.

130

Use the Opening Scenario for this chapter to answer the following questions. The scenario is that of a paralegal in an office that has grown from just herself and one attorney to a large firm of many attorneys, paralegals, and secretaries.

1. Name at least three tasks that can be automated in a firm of this size.

ANSWER: Almost any managerial task can be automated: calendaring, timekeeping and billing, accounting, and contacts.

2. Use the Internet to find software solutions for performing the tasks you listed in your answer to question 1. What are the costs for software licenses? What are the hardware requirements for the different software solutions?

ANSWER: The answer will vary by student, the software selected and the cost for same.

3. What are the security and confidentiality issues that must be addressed in implementing these solutions? Explain fully, with suggestions for resolving the issues.

ANSWER: The law firm must be certain that once automated, the access to any particular program is limited to those who have a need to know or use a particular function. For example, the receptionist probably does not need to have access to time keeping, billing, and accounting functions. There will also be concerns related to the firm’s confidential financial records, and not everyone in the law firm needs to know what the senior partner earned last year. But where access to the firm’s financial records is limited to a single person, that person may have the ability to manipulate records and embezzle funds. It is a delicate balance. With regard to client confidentiality, time and billing records must be protected because they often contain confidential information.

4. What are the advantages that can be presented to the partners to justify the cost of implementing the solution you recommend?

ANSWER: The greatest advantage will likely be the time saved by using the software packages. These programs are designed to sort information and generate reports with only a few commands. The amount of time that can be saved in routine tasks, such as preparing bills, or determining which bills are outstanding, makes the investment worthwhile. It is also important to point out that the software is only as good as the individuals that are using it. So it will be important to take time to use the training or tutorials that are provided to make the best use of the programs.

VIDEO CASE STUDIES

131

Fees and Billing—Contemporaneous Timekeeping A paralegal must get his time records completed. He is trying to figure out how he has spent his day. Because he has trouble remembering what he did during a long day, he makes up time records to fill out his billable day.Watch this video case study in MyLegalStudiesLab and answer the following questions.

1. What are the advantages and disadvantages of computerized timekeeping?

ANSWER: Advantages include the ease of generating bills or creating reports on productivity of a particular member of the legal team. Disadvantages include errors made in the entry of data.

2. Would the use of computer software have prevented this ethical issue?

ANSWER: Whether time is kept on paper or on a computer, the basic problem remains. The paralegal must have the self-discipline to record the events of the day contemporaneously with when they happened, rather than waiting until the end of the day and asking, “what did I do today?”

3. How can properly prepared time records be used to document proper supervision and diligent handling of a case?

ANSWER: Time records properly maintained by the paralegal and the supervising attorney will reflect when they consulted together regarding a case or specific matters within that case. The time records will reflect the date and the length of time spent, which will indicated that the legal team was diligent in representing the client’s interests.

Continuing Cases and Exercises 1. Complete the AbacusLaw tutorial in the appendix to this chapter available on the Companion Website. Describe at least two features that you find the most convenient. How do these features streamline a common task in a law practice?

2. Complete the Tabs3 tutorial available on the Companion Website, www.prenhall.com/goldman. Describe at least two features that you find the most convenient.

How do these features streamline a common task in a law practice?

3. Enter all of your calendar information and time slip information in AbacusLaw and Tabs3.

4. Enter the relevant information in each program from the case in Appendix 1.

132

5. Prepare an interim bill for your time spent in preparing for and attending class and print a draft copy for your instructor.

ANSWERS: Responses to 1-5 will vary by student, but should reflect a basic understanding of how this software functions in a practical legal setting. Be sure to instruct students to print or email a copy of the interim bill and calendar information to you.

ADVANCED EXERCISES 1. What functions performed using Abacus and Tabs3 can be performed using the programs found in an Office Suite of programs? What additional work would need to be performed to tailor the Office applications to a law practice? Explain the advantages and disadvantages of Office versus using Abacus or Tabs3.

ANSWER: Office Suite programs typically contain calendar, tasks, and contacts features which permit the user to keep track of dates, important events, and projects that need to be completed. The law office management software takes these features a step further, allowing the same information to be shared across the various functions.

Information can be sorted and reports generated based upon any combination of the data. With Office applications, considerable work may be needed to create the various forms and templates already existing in Abacus and Tabs3. However, using Office may allow greater customization for a specific practice area, or for a firm with unique needs.

2. What features of Abacus and Tabs 3 are useful in a law firm of any size, including a small practice of two or three attorneys? What additional case management functions should be used, if any, for efficient management of the law office as it grows?

ANSWER: Answers may vary, depending on the creativity of individual students. For example, a response may discuss how the calendar maintenance program that automatically calculates court deadlines will be most helpful to the larger firm handling large volumes of litigation files.

3. Use the project management examples as a basic chart and create a detailed list of tasks for preparing and filing a complaint in your jurisdiction.

ANSWER: Answers will vary based on jurisdiction, but should reflect an understanding of the appropriate procedural rules and steps required to successfully file a complaint in the relevant jurisdiction.

BUILDING YOUR PROFESSIONAL PORTFOLIO 133

Prepare a memo for the employee handbook on the procedures to be followed when using one of the software solutions discussed in this chapter. Explain the reasons for each of the procedures, including the ethical duties associated with each.

ANSWER: The answer will vary by student but should include reference to security concerns, such as who is responsible for entering data into the various office management programs, and why it might be best to limit access to certain functions. For example, accounting for the firm may be limited to a single person to protect the financial records of the law firm and its members. Alternatively, there may be multiple persons as a security measure to prevent embezzlement of the firm’s funds.

134

Technology in the Law Office|CHAPTER 10 CHAPTER OBJECTIVE Describe the value and use of case organization and management software.

CHAPTER LEARNING OBJECTIVES 1. Explain the reasons for the use of software in managing litigation cases.

2. Describe how case management programs are used.

3. Understand the functions of case analysis software, and explain its value to a law firm.

4. Describe the advantages of using time lines in litigation.

Warm Up Questions

1. Explain to your students that they are paralegals working together on an employment discrimination case.

2. During the deposition of the star witness yesterday, a manager named Mr. Joseph Snow was revealed to have knowledge of the alleged discrimination.

3. The attorney involved in the case comes back to the office and asks for all documents to, from or mentioning Mr. Joseph Snow.

4. You have 14 boxes of relevant documents in one of the filing rooms in the law firm.

5.

Ask your students how they would find all of the documents relating to Mr. Joseph Snow.

135

6.

They will likely come to the conclusion that each page of documents in the boxes will need to be examined to see if it mentions John Snow.

7. Discuss with your students how long this will likely take.

8. When you are finished, explain that case management software will allow you to find all documents that mention Joseph Snow in a manner of seconds or minutes.

Warm Up Wrap Up

Explain that this chapter will demonstrate how a case file is organized using case management software and how this task can be accomplished quickly, efficiently, and securely.

Learning Explain the Reasons for the use of Software in Managing Litigation Objective 1 Cases.

L.O. # 1 MAIN POINTS

➢ A case refers to a matter the client presents to a legal team to handle and resolve.

➢ B. Each member of the legal team must be able to access case information, and know what other members of the team have done, as well as what still needs to be done.

➢ C. Case management software programs allow the legal team to organize and control the documents, depositions, photographs and other data obtained during discovery.

136

➢ D. These programs perform multiple tasks, such as calendaring, time keeping, accounting, and keeping track of contacts and files.

➢ E. As the members of the legal team obtain information, they can enter it into the case management software and update the case file as new information becomes available.

Learning Objective 2

Describe how Case Management Programs are Used.

L.O. # 2 MAIN POINTS

➢ A. Case management system allows all authorized members of the legal team to access the case information day or night.

➢ B. Most calendar programs have an alert or alarm feature that signals when a preset time is reached

➢ C. Rules-based calendaring programs automatically calculate deadlines based on the type of case, the type of event, and the court rules of the selected jurisdiction.

➢ D. A court’s rules of civil procedure will establish the time limits for filing and responding to pleadings.

137

➢ E. Calculating the important dates in a case requires a careful review of the specific court rules of the jurisdiction in which the case is filed.

➢ F. The paralegal is usually responsible for entering the deadlines and reminders into the firm’s central calendaring system.

➢ G. Most case management programs provide a basic set of screens for entering different types of information.

➢ H. Fields may be created for entering information on a wide variety of people, including clients, opposing parties, fact witnesses, experts, and every opposing counsel with whom any member of the firm has ever had contact.

➢ I. At the start of a case, basic information about a client or the case may be entered using an intake form.

Learning Objective 3

Understand the Functions of Case Analysis Software, and Explain its Value to a Law Firm.

L.O. # 3 MAIN POINTS

➢ A. Timekeeping is the recording of all time spent performing activities during the workday.

➢ B. Keeping track of billable time ensures that the law firm will be properly compensated for its advice and efforts on behalf of the clients.

138

➢ C. Timekeeping is not limited to attorneys, but usually includes paralegals as well.

➢ D. Timekeeping has been automated by the use of software. ➢ E. These applications accurately capture, store and process this information and automatically prepare billing and timekeeping records.

Learning Objective 4

Describe the Advantages of using Time Lines in Litigation.

L.O. # 4 MAIN POINTS

➢ A. Time lines are useful for analyzing the case or meeting deadlines in the process.

➢ B. When attorneys are analyzing a new case, time lines offer them the opportunity to clarify their thinking about the case and make certain that all the facts and elements of the case line up.

➢ C. In many cases, the sequence of events is critical to the factual analysis of the case, and the trial team must present evidence to support that sequence.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 139

1. Describe how a trial notebook can assist a trial lawyer in preparing for trial. Give examples of three “tabs” that may be contained within the trial notebook.

ANSWER: Effectively managing a case may involve reviewing, sorting, and marking for identification hundreds or even thousands of pages of documents, photographs and other graphics. It also requires managing deadlines for filings such as pleadings and motions. A traditional approach to case management is a trial or case notebook. A three ring binder is divided into tabbed sections with the information included in the relevant sections. Items can be added, removed, and moved to another tabbed section within the binders. In many instances information may be relevant to more than one tabbed section. In that event, multiple copies of items can be placed wherever they might be relevant. Three specific tabs could include a “pleadings” tab, a “depositions” tab, and an “exhibit” tab.

2. What are some of the issues in using a “paper” trial notebook in a case in which more than one trial attorney is involved? How can using a “virtual” trial notebook avoid these issues?

ANSWER: A legal team may be unable to simultaneously access portions of the notebook. Unless more than one notebook is used, it is difficult for multiple members of the legal team to work collaboratively on the file. When a notebook is constantly updated, all team members may not be aware of changes. Team members also waste time looking for items that may have been removed by others.

The paperless office allows every document to be stored electronically in a central repository.

Each member of the legal team can have access to the items. Working in a collaborative fashion is made easier when all members can have access to the same information.

3. What is the relationship between office management and case management software? What elements of office management software can be used to manage a specific case?

ANSWER: Office management and case management functions overlap. Both programs will have features for calendaring, contacts, and conflicts checking. Ideally, integrated software will used in a law office, so that data only needs to be entered once, and it can be used for both case and office management purposes.

4. What is a data repository and how can it be used in litigation? Name three items of data that might be obtained from a data repository used in a case.

ANSWER: A data repository is a central location where all information pertaining to a single file is stored. It could be a file cabinet or a network file server. In litigation, it is the source of information

140

intended to be presented at trial. If stored on a network file server, it can be readily searched and accessed using a laptop in the courtroom.

5. How were documents in complex litigation processed before the use of computers in litigation? How are paper forms still used today in connection with case management software?

ANSWER: Before computers, documents were processed by hand. Each document was individually reviewed, with the original stored in a separate file for safekeeping until its use at trial. Working copies were made for placement in the paper file. With thousands of documents, there would typically be a log of exhibits and documents, listing each item with a brief description. Where case management software is used, paper forms are used for the initial collection of data, which is then later keyed into the system. For example, a paper form may be used for client intake.

6. Why is the maintenance of calendar dates critical to managing litigation? How can case management software help a team avoid missing deadlines?

ANSWER: In litigation, everything revolves around dates and deadlines. This is particularly true in the federal system where deadlines exist for everything from serving an answer to completing discovery and beginning trial. These dates are set very early in the litigation and the legal team must adhere to them or suffer the consequences of the wrath of the trial judge. There is little excuse for missing a deadline, and it is malpractice to do so.

7. How does a case management system aid in collaboration among the members of the legal team? What features can promote this collaboration?

ANSWER: A good case management program will allow for all members of the legal team to access all documents of the case. The documents, persons, and other objects should also be indexed effectively so team members can search for documents effectively and identify what is needed.

8. How can a timeline be used in the preliminary stage of a case? What information would be included in the timeline?

ANSWER: Timelines are chronological listings of the facts of a case frequently presented in graphic form. At the early stage of a case, a comparative timeline can be used to present facts from the plaintiff and defense points of view, one on either side of a line, to analyze the case.

9. How can a timeline be used in the discovery or pleadings stage? What information would be included in the time line?

ANSWER: 141

A timeline can be used to visualize all of the deadlines during this phase so that the team can create an effective strategy for completing each stage.

10. How can a timeline assist an attorney in evaluating a case prior to settlement negotiations?

How can a timeline be used to present evidence to a jury?

ANSWER: Timelines are very helpful in visualizing how the events of the case unfolded. They can also show where the discrepancies in the facts are.

11. What are the steps that may be taken in organizing a new case file? What information should be included initially? What information may be added later?

ANSWER: The first step is to determine whether a paper or electronic file will be used. The preferences of the attorney assigned to the case will determine how the file is arranged, regardless of whether it is paper or electronic.

A case file can be arranged in many ways. Typically, the arrangement is whatever works best for the attorney assigned to the case. This may mean the file is arranged first with general files, such as pleadings, correspondence and legal research. As the case proceeds, more documents are created and more information becomes available, general files may be broken into more specific sub-files.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1. Use a search engine to locate information on “case management software.”

2. Prepare a list of the case management software programs that provide online tutorials for learning how to use the programs.

3. Visit the websites for the case management programs listed in this chapter. Determine the minimum operating requirements for a computer to run the software properly.

4. Locate information on companies that provide online document repository services.

5. Using LexisNexis TimeMap, Create a timeline using the facts in the case study in Appendix 1.

6. Use LexixNexis CaseMap to set up a new file for the case in Appendix 1. Be sure to include all of the information that would be provided by a client interview and in a preliminary investigation of the case.

ANSWERS: 142

The answers to 1-6 will vary by student, the search conducted and the result. Responses should reflect an understanding of the various functions of case management systems. Ask the student to submit the timeline and new file by email.

CHAPTER OPENING SCENARIO CASE STUDY Use the Opening Scenario for this chapter to answer the following questions. A small law firm will be representing up to twenty plaintiffs in a school bus accident case where the defense will use product defect as a defense.

1. Prepare a memo for the lead attorney of the case explaining the issues in handling a case with many plaintiffs and potential witnesses. Explain how a case management program might be used to resolve these issues by helping to organize the case file.

ANSWER: The answer will vary by student but should include an understanding of how these systems coordinate information between the files, and allow the ability to distinguish between the clients. There should be mention of confidentiality issues in sharing information between the files and whether any potential for conflict of interest exists. The case management program will also assist in handling a large volume of information. For each case, a significant list of contacts can be expected, including the minor victim, the parents and treating physicians, teachers, classmates, and others. Simple organization of the information and the ability to quickly sort or search it will be of great assistance to the legal team. Some information must be shared, such as the expert on the defect, and this should be easily accessed as well.

2. What are the items that will need to be tracked using the case management program?

ANSWER: The program can be used to track virtually anything: statute of limitations, interviews of the children and their parents, requests for and receipt of information, and reports from various sources, such as school and medical records, and police accident reports. Deadlines can be tracked with regard to the litigation such as discovery deadlines and deadlines for pretrial motions.

3. Answer the following questions raised by one of the attorneys. Explain your answers in a memo for the attorney’s review.

“Can’t we make our own database or spreadsheet to track the information and save money?”

“How will using a more expensive, pre-packaged specialty program be more cost effective?”

“How can using a program like CaseMap help in preparing for trial and during trial? What are the benefits of using this software in a case like this?”

ANSWER:

143

The firm could make its own database, but it may not be the best use of time to “reinvent the wheel” when specialty software already exists. Any database or spreadsheet we create would have limited functions and not necessarily permit the type of sorting and searching features that exist in the software packages. Reference should be made to the ease of searching for and finding documents or statements and the ability to then display them at trial if the courtroom is equipped with display devices.

Continuing Cases and Exercises Create a timeline from the facts in Case Study A in Appendix II. Be sure to include every relevant fact in chronological order. Also include references to specific documents that support each activity or event.

ANSWER: The answer will vary depending on the creativity of the student, the software used to create the timeline, and the form chosen for the presentation.

BUILDING YOUR PROFESSIONAL PORTFOLIO Prepare a memo for the senior partner, using an informal memo format, explaining how a case management program might be used to organize a case. Specifically, explain how the program can help a trial attorney in each phase of the case: case intake investigation discovery settlement negotiations trial ANSWER: The answer will vary by student but should include an understanding of the benefits of a central repository of information that allows the legal team to work collaboratively on a case file, whether in the office or at a remote location. Other advantages are the coordination of large volumes of information in complex cases and the ability to search that information for a particular item and retrieve it quickly. Preparation of exhibits, such as time lines, and assisting with trial presentation are important factors as well. The major disadvantage is there may be a duplication of efforts if there is office management software already in use by the law firm.

144

Technology in the Law Office|CHAPTER 11 CHAPTER OBJECTIVE Explain how technology has changed discovery in litigation practice.

CHAPTER LEARNING OBJECTIVES 1. Define the term discovery and explain the purposes of discovery in litigation.

2. Describe how the federal rules have been changed to address the discovery of electronically stored information.

3. Describe the procedures and time periods for discovery under the federal rules.

4. Explain the purpose and the expected outcomes of the attorney “meet and confer” rule.

5. Explain the rules governing what information is discoverable.

6. Describe the function and use of depositions.

7. Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information.

Warm Up Questions

1.

Explain to your students that they work in a civil litigation practice group at a law firm and have a client who has been served a request for the production of documents by the opposing side.

2.

The client is an engineering firm with one business address and 25 employees.

3.

The request has asked for all digital and paper communications relating to a specific project that the client worked on.

4. Brainstorm with your students regarding where such communications would be stored.

145

5.

Your students will likely mention files, computers, e-mail, cloud storage repositories and cell phones.

6.

Raise the issue of business communications on employee personal computers and cell phones.

7. Draw a chart on the board of all the places where electronic and paper documents could be stored.

Warm Up Wrap Up

This chapter introduces students to the basics of discovery, as well as the impact of technology on this phase of litigation. To understand the impact that electronic documents have had on litigation, the student must first have an understanding of the basic concepts in discovery.

Many students may have covered discovery in an introductory civil litigation course. For them, this will be a review. For others, this will be new ground. The goal is to provide a solid foundation in the basics before moving on to electronic discovery.

Learning Define the Term Discovery and Explain the Purposes of Discovery in Objective 1 Litigation.

L.O. # 1 MAIN POINTS

➢ A. Discovery is a step in the litigation process where plaintiff and defendant exchange information relevant to their dispute.

➢ B. Discovery is intended to help each litigant understand and evaluate the opponent’s case, as well as the litigant’s own.

146

➢ C. Requests for Production are formal written discovery requests seeking the identification and physical location of relevant documents and things. A request for production requires a written response and if possible, attachment of the item to the response.

➢ D. Interrogatories are formal requests for written answers to questions.

➢ E. When responding to a request for production, a party may make reference to a computer storage device, the format in which the material is saved, and how it can be retrieved.

➢ F. The legal team has the obligation to review and remove privileged and protected documents. This obligation may be more difficult to fulfill with a huge volume of electronic documents.

➢ G. Successful discovery process requires a familiarity with the rules of court, and the rules relating to electronic files.

➢ H. Advances in technology have dramatically increased the availability and accessibility of information in discovery.

➢ I. By responding to discovery requests, the parties share information about the facts, documents, and statements of witnesses and experts related to the dispute.

➢ J. Open sharing of the information permits evaluation of one’s own case and the opponent’s against the burden of proof required to establish the claim at trial.

147

➢ K. Evaluating the case from both points of view and considering the likelihood of success can often lead to successful settlement discussions.

Learning Objective 2

Describe how the Federal Rules have been Changed to Address the Discovery of Electronically Stored Information.

L.O. # 2 MAIN POINTS

➢ A. The courts were initially slow in responding to technology.

➢ B. A few well-reasoned opinions of Judge Shira Scheindlin in the widely-reported Zubulake case addressed the issues associated with electronically stored information or (ESI) in discovery.

➢ C. In 2006, electronic discovery rules were adopted by the Federal Rules of Civil Procedure.

➢ D. The rules provide guidance on requesting ESI and satisfying requests for ESI.

➢ E. These rules offered guidance on the issues surrounding discovery and provided a framework for requesting and satisfying requests for documents in electronic formats.

148

➢ F. These rules were further amended a year later to address new developments.

Learning Describe the Procedures and Time Periods for Discovery under the Objective 3 Federal Rules.

L.O. # 3 MAIN POINTS

➢ A. The federal rules provide a timeline with a set of obligations that attorneys must follow.

➢ B. The discovery process starts with an attorney conference, and culminates in a meeting with the judge.

➢ C. Under the rules, the meet and confer must occur 21 days before the scheduling conference with the judge.

➢ D. A written report of the meet and confer must be submitted 14 days prior to the scheduling conference.

➢ E. The scheduling conference must occur within 90 days after the entry of appearance by the attorney who will represent the defendant.

Learning Explain the Purpose and the Expected Outcomes of the Attorney Objective 4 “Meet and Confer” Rule.

L.O. # 4 MAIN POINTS

149

➢ A. Discovery may not begin until the lawyers for the parties have conferred and developed a plan of discovery to present to the judge overseeing the case.

➢ B. The meet and confer must occur before the scheduling conference with the judge and must provide the judge with a proposed plan and timeline for discovery.

➢ C. The meet and confer is an informal meeting between the attorneys only, and the goals are to discuss the nature of the legal claims and the likelihood of settlement, arrange for the mandatory disclosure set forth in Rule 26(a), and develop a discovery plan.

➢ D. The judge will give great deference to the discovery plan crafted by the attorneys.

➢ E. With electronic documents it is important for the attorney or a member of the legal team to have a thorough understanding of the creation, storage, and retrieval of electronic documents.

➢ F. The attorney must understand what the client has and how it is stored so that he or she does not propose or agree to something the client in unable to do.

➢ G. It is also important to understand opposing party’s systems and capabilities.

➢ H. A growing number of skilled litigators will bring to the meet and confer conference a member of the IT or litigation support staff who is knowledgeable in the procedures and

150

methods of e-discovery and in some cases a computer forensic expert.

Explain the Rules Governing what Information is Discoverable.

Learning Objective 5

L.O. # 5 MAIN POINTS

➢ A. The documents that may be obtained in discovery are not limited to the items that will be used in the trial.

➢ B. The general rules is that anything that may lead to admissible evidence is discoverable.

➢ C. Under Rule 26 of the Federal Rules of Civil Procedure, information is discoverable if it is not privileged, and it is relevant or may lead to relevant evidence.

➢ D. Rule 26(a) makes mandatory the disclosure of certain basic information supporting a party’s claims.

➢ E. Under Rule 26(a), everything the legal team intends to rely upon to prove its claims must be disclosed early in the litigation.

➢ F. Everything relied upon in developing the claim, regardless of whether it will be admissible at trial, must be disclosed.

151

➢ G. A party must provide the identity of witnesses, copies of documents, computation of damages, and copies of insurance policies.

➢ H. An expert witness is a person qualified by education, training, or experience to render an opinion based on a set of facts that are outside the scope of knowledge of the finder of fact.

➢ I. An expert witnesses intended to be called to testify at trial must be identified, their qualifications provided, and their written report produced, 90 days prior to trial or within 30 days of receipt of the report.

Learning Objective 6

Describe the Function and use of Depositions.

L.O. # 6 MAIN POINTS

➢ A. Depositions allow parties to directly question parties and witnesses under oath.

➢ B. Depositions are opportunities to ask open-ended questions, obtain spontaneous responses, and follow up with additional questions.

➢ C. Videotaped depositions are used in many cases to preserve the testimony of a witness who might otherwise be unable to attend the trial.

➢ D. Rule 30(b) is used to depose an individual authorized to give information or testimony on behalf of a business.

152

➢ E. The party conducting the deposition must say exactly what will be inquired about so the business can designate and prepare a witness to address those matters.

➢ F. Failure to properly present a responsive witness who can answer questions about the company’s electronic filing systems can result in sanctions, including costs incurred by the requesting party.

Learning Objective 7

Explain how the Litigation Team Can Protect Privileged or Confidential Information under the Federal Rules, and Describe how the Team Can Protect against the Inadvertent Disclosure of Such Information.

L.O. # 7 MAIN POINTS

➢ A. The attorney has an ethical obligation to preserve the confidences of clients.

➢ B. Rule 26 provides the procedure for withholding information that is otherwise discoverable.

➢ C. With vast numbers of documents, it is not possible to check every document for confidential or privileged material.

➢ D. A claim of privilege must be established in order to withhold information.

➢ E. It is not always possible to check every document in discovery for privileged or confidential information.

➢ F. In theory, privileged or confidential material inadvertently disclosed can be recovered.

153

o

➢ G. A clawback provision is any agreement parties reach for asserting claims of privilege after the documents are produced.

➢ H. Under federal rules, the legal team must include a clawback provision in the discovery plan to prevent a claim of malpractice.

➢ I. A clawback is only a safety device for inadvertent disclosure after reasonable methods have been used to protect and preserve confidential material.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. What is the purpose of discovery? Name at least three goals that discovery attempts to meet.

ANSWER: Discovery is a step in the litigation process where the parties share information relevant to the claims. The use of discovery methods allows the parties to better understand their own and their opponent’s case, to prepare for trial, and to consider settlement.

2. How has electronically stored information changed the discovery process? What aspects of ESI make discovery easier? What issues can make it more of a challenge?

ANSWER: Technology has not changed some of the methods of discovery such as interrogatories, requests for production or depositions. What has changed is the type information requested and its location. Most documents are now created electronically rather than on paper and stored on a storage device rather than as paper copies in a file. The purposes of discovery remain

154

unchanged. Discovery is used to evaluate the case, prepare for trial, facilitate settlement, and preserve evidence.

3. List some of the sources of potential evidence that are maintained in electronic format.

ANSWER: Answers may vary depending on examples used by students. For example, in major construction litigation, the conventional rolls of blueprints and construction documents are being replaced by electronic files created with computer graphics programs which are sent electronically to architects, builders, subcontractors, suppliers, and clients. Written documents, in the form of emails and other word processor documents, are stored electronically rather than in paper files.

4. What is the duty of the litigation team regarding the disclosure of electronically stored information? What are the limitations on this duty?

ANSWER: Their duties in complying with discovery requests are the same as with other types of documents. All documents that are relevant, or may reasonable lead to relevant evidence, are discoverable. But the team has the ethical obligation to review all of the documents to ensure that privileged or confidential information is not disclosed.

5. For purposes of discovery, what is considered to be relevant and discoverable? How does this rule differ from the admissibility of evidence at trial?

ANSWER: Everything is discoverable that is not privileged and is relevant or may lead to evidence relevant to the lawsuit. This is much broader than what is admissible under the rules of evidence at trial.

6. What provisions exist for discovery of information that cannot be delivered in paper or electronic form? Describe at least three situations where discovery rules allow discovery that is not in the form of documents.

ANSWER Student responses may vary depending on the situations chosen by the students, but answers may include depositions, which are in-person interviews of parties or witnesses under oath, or requests for production of documents and things, which may allow a party to enter a building or vehicle to inspect its contents.

7. After a lawsuit is filed, how soon, under the federal rules, should counsel have their initial meeting? What is the purpose of this meeting?

ANSWER: The scheduling conference occurs within 90 days after the entry of appearance by the attorney who will represent the defendant (or 120 days after the defendant is served with the complaint).

155

The meet and confer must occur at least 21 days before the scheduling conference with the judge, thereby allowing 99 days for the meet and confer session.

8. When should the initial scheduling conference with the judge occur, under the federal rules?

What is the purpose of this conference? What is the role of the judge in directing this conference?

ANSWER: Within 90 days of entry of appearance a scheduling conference with a judge will be held.

9. What is included in a discovery plan? What are the principal methods of discovery, and how are they requested?

ANSWER: Answers should include a description of interrogatories, depositions, and requests for production. They should also make reference to the provisions of Rule 26 for the contents of a discovery plan.

10. How is a meet and confer conference in a case involving electronically stored information different from one involving only paper documents? What additional safeguards and expertise may be necessary with ESI? ANSWER: Prior to the meet and confer, the attorney should have conferences with both the client and an IT professional to determine the sources of ESI and how they might be produced. This is necessary to ensure that the attorney does not promise the other party more than the client can deliver. It may also be necessary to have an IT professional at the meet and confer meeting to explain any issues with the ESI. 11. How have the mandatory disclosure rules changed the rules for discovery? What are the purposes of these rules?

ANSWER: All information relied upon to prove the parties’ claims is subject to the mandatory disclosure under the federal rules and must be turned over without a formal request. This includes names and contact information of witnesses, expert witnesses and their reports, documents relied upon, a computation of damages, and insurance coverage, if any.

12. What information must be disclosed regarding potential expert witnesses? What is the purpose of this disclosure?

ANSWER: The party must disclose the expert’s qualifications, a list of his publications, and other cases in which he has testified. A report of the expert’s opinion must also be provided, showing what the 156

expert will say at trial. The report must show the basis of the opinion, information relied on, and any assumptions made by the expert in giving the opinion.

13. What general limitations on discovery are imposed by the federal rules? Name at least two limitations.

ANSWER: Answers will vary depending on choices made by each student. Possible limitations may include confidential or privileged information, or any discovery requests that are considered burdensome or repetitive.

14. Which of the Model Rules of Professional Conduct impact discovery? How does this affect the conduct of discovery?

ANSWER: Discovery is impacted by Rule 1.6 of the MRPC, which requires lawyers to preserve client confidences. In discovery, this requires attorneys to review all documents being produced to determine whether any of it should be withheld.

15. What is the procedure for obtaining compliance when the opposing party fails to produce requested information?

ANSWER: In this case, the remedy is to file a motion to compel disclosure. In this motion, the party is asking the court to order the opposing party to turn over the information.

16. What is the obligation of the litigation team to protect the confidences of clients? How can the potentially vast amount of ESI during discovery make the protection of privileged and confidential information a challenge?

ANSWER: The large volume of documents makes it difficult to conduct a screening for confidential or privileged materials. In traditional discovery, every document was first reviewed by the client and then the legal team before being produced in response to a discovery request. That is impossible because of the number of documents produced through electronic discovery. The obligation remains to protect the confidential and privileged materials. This is done with search engines using words and phrase to search for protected documents.

17. What is the procedure under the federal rules for claiming privilege with respect to trial preparation materials?

ANSWER: To assert a claim of privilege, a party must create a privilege log, identifying each item that is being withheld, and the reasons for withholding it.

157

18. What is the purpose of a claw-back clause? What provisions can be made to obtain court sanctions in the language of a claw-back clause?

ANSWER: A “claw-back” provision is provided for under FRCP Rule 16 (6): “any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after production.” It is important to the legal team and the client because it is the safety net that protects the privileged and confidential materials of the client that are inadvertently disclosed during discovery. The provision can provide for return of the materials, or non-waiver of the privilege.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1. Locate and save as a favorite or bookmark an electronic version of the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

2. Locate and save as a favorite or bookmark an electronic version of your local rules of procedure and evidence.

3. Use the “Search” function in your Internet browser to find specific rules in the web pages above pertaining to the waiver of privilege or confidentiality in discovery.

ANSWERS: The answers to 1-3 will vary by student and for question 3, the case retrieved.

VIDEO SCENARIO Meet and Confer The attorneys are meeting as required under the Federal Rules of Civil Procedure. The defense counsel has recently taken over the case from another attorney. He wants more time to complete discovery. The meeting is conducted without anyone experienced in electronic discovery.

Watch this video case study in MyLegalStudiesLab and answer the following questions.

1. What is the purpose of the meet and confer under the Federal Rules of Civil Procedure?

ANSWER: The purpose of the meet and confer is to exchange the information required by mandatory disclosure and to develop a plan of discovery for additional information to share with the judge at the scheduling conference.

158

2. How should trial counsel prepare for the meet and confer under the federal rules?

ANSWER: Trial counsel should be prepared with mandatory disclosure items, or an idea of when those items will be available. Trial counsel should also have an idea of what additional items she would like to obtain through discovery and how long that process may be expected to take.

3. How important is it to have someone in the meet and confer who is knowledgeable in electronic discovery?

ANSWER: Having someone who understands the client’s IT will help the legal team comply with requests that might be made. The same person is likely to have sufficient knowledge to understand the opposing party’s computer file system and how to best access that information. The presence of the IT person can make the electronic discovery process easier for the legal team.

4. Is there any time limit on the completion of the meet and confer?

ANSWER: Yes. Under the rules, the meet and confer must occur 21 days before the scheduling conference with the judge. A written report of the meet and confer must be submitted 14 days prior to the scheduling conference. The scheduling conference must occur within 90 days after defense counsel has filed an answer or entered an appearance.

The paralegal has accidentally sent an email to opposing counsel containing a confidential memo to the client. The supervising attorney is obviously upset and instructs the paralegal on the steps the paralegal must take.

Watch this video case study in MyLegalStudiesLab and answer the following questions.

1.

Who has the ultimate responsibility for the mistakenly sent email?

ANSWER: Under the Rules of Professional Responsibility the supervising attorney has the ultimate responsibility for the mistakenly sent email.

2.

How does your jurisdiction treat the accidental sending of confidential material to opposing counsel? What are the steps that should be taken?

ANSWER: The responses will depend upon the student and the jurisdiction but should discuss the appropriate waiver rules.

159

3.

Should there be an office policy on the use of email to communicate with clients about confidential material?

ANSWER: The firm should have a policy to ensure that confidential material is not disseminated to third parties. They should work with the IT department to ensure that best practices are implemented to protect the communications.

4.

How safe is the use of the Internet for sending email.

ANSWER: It is important to understand the safety limitations of the Internet and to use encryption technology to ensure that emails remain confidential and are not viewed by third parties.

Continuing Cases and Exercises School Bus-Truck Accident Case After viewing the Video Attorney Meet and Confer, prepare the Report of the Parties’ Planning Meeting using Form 35 for submission to the court.

BUILDING YOUR PROFESSIONAL PORTFOLIO Policy Prepare a policy for when an information or technology expert should attend the attorneys’ meet and confer conference. Write a memo explaining the policy and describing the situations at which the expert’s attendance would be necessary.

Forms 1. Prepare a checklist for use in a meet and confer conference that involves electronically stored information. Be sure the items on the checklist address all the potential concerns of the client, as well as the purposes of the meet and confer.

2. Prepare a motion to compel discovery. In this situation, the defendant has failed to turn over employee records located on a corporate file server.

3. Prepare a motion for a protective order in discovery. The motion should be designed to protect from disclosure any information pertaining to your law firm’s representation of the client, including any advice rendered to the client prior to the lawsuit.

160

4. Download copies of the federal rules’ forms on a storage device in both WordPerfect and Word formats for future use. Create a reference document that provides a brief abstract or description of the purpose of each form.

Procedures 1. List the procedural steps and requirements needed to obtain a motion to compel in your state and federal jurisdictions.

2. List the procedural steps and requirements needed to obtain a protective order in discovery in your state and federal jurisdictions.

ANSWER: The responses to “Policy,” “Forms,” and “Procedures” will vary by student but should include reference to the concerns about electronic documents. Students should be especially attentive to the implications of how documents are stored, such as an on-site file server or remote repository, as this will determine how they must be retrieved. They must also be cognizant of the format in which they are stored and in what format they should be produced in discovery.

Should they be produced in native format, which will require that the legal team have the software necessary to open and view the file? Or should they be produced as PDFs or some other form that will allow all files, no matter how created, to be opened and viewed? Other important concerns are whether the files should be stripped of metadata, and whether there will be a process for eliminating duplicates. What will be done about information that cannot be retrieved because it was lost or destroyed? What will be done about the inadvertent disclosure of privileged information?

161

Technology in the Law Office|CHAPTER 12 CHAPTER OBJECTIVE Describe the obligations and issues in the preservation of electronically stored information and the potential sanctions for its spoliation.

CHAPTER LEARNING OBJECTIVES 1. Explain the purpose of a litigation hold, and the duty to preserve evidence.

2. Define spoliation and explain its significance in discovery.

3. Describe the potential sanctions for spoliation of evidence.

Warm Up Questions

1. Explain to your students that they work in a firm that represents a corporate client involved in a dispute that may result in litigation.

2. No complaint has yet been filed in the matter.

3. Your client wants to delete electronic documents in the ordinary course of business that may include references to the disputed transaction.

4. The deletion would occur pursuant to a written document retention policy.

5. Brainstorm with your students regarding whether the company can delete the documents.

6. Explore arguments in favor of deletion (cost of storage, compliance with policy), as well as those in opposition (reasonable belief of litigation, spoliation).

162

Warm Up Wrap Up

Explain that the common law and amendments to the Federal Rules of Civil Procedure suggest that once a client has a reasonable belief that litigation may arise from a dispute, a duty arises to preserve all documents related to that dispute, both paper and electronic. Thus, the client should preserve all documents relating to the dispute if they believe that there is a reasonable likelihood that litigation may arise.

Learning Explain the Purpose of a Litigation Hold, and the Duty to Preserve Objective 1 Evidence.

L.O. # 1 MAIN POINTS

➢ A. The rise in the numbers of electronic documents used in society has dramatically increased the volume and scope of ediscovery.

➢ B. The Federal Rules of Civil Procedure govern not only how ESI is to be produced, but also the preservation and destruction of ESI.

➢ C. A retention policy must balance the economics of storage with the need to preserve documents for potential litigation.

➢ D. A litigation hold is a requirement that once a case is filed or pending, a duty exists to preserve evidence.

163

➢ E. The rule has been extended to situations where the party knows or has reason to know that litigation may be brought.

➢ F. Preservation may require placing a matter and all documents related to it on litigation hold.

➢ G. When litigation is actually commenced, counsel must issue a litigation hold letter to the client.

Learning Objective 2

Define Spoliation and Explain its Significance in Discovery.

L.O. # 2 MAIN POINTS

➢ A. Spoliation is the destruction of evidence pertaining to litigation.

➢ B. Spoliation may include deleting electronic files or information.

➢ C. The legal team should advise a client to put in place a procedure that will allow the destruction of records in a way that avoids claims of spoliation.

➢ D. Record retention is the practice of retaining documents for a certain period of time.

➢ E. A record retention policy should have a litigation hold policy.

164

➢ F. The length of time a record is retained may depend on many factors, including: 1. government regulations; 2. the need to defend litigation; 3. reasonable belief in the pendency of litigation

➢ G. The attorney has an affirmative duty to instruct the client to cease further action destroying documents and to follow up and verify that the client has followed the instructions.

Learning Describe the Potential Sanctions for Spoliation of Evidence.

Objective 3

L.O. # 3 MAIN POINTS

➢ A. Spoliation of evidence is punishable by court-imposed sanctions against the party who destroyed the evidence.

➢ B. Sanctions can range from ordering additional discovery to monetary penalties.

➢ C. The judge may even give an adverse inference instruction to the jury in which the judge advises them of the destruction of documents and tells them that they may infer that the documents would have been favorable to the other side.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers

165

1. What is the impact of the new Federal Rules of Civil Procedure on e-discovery procedures?

What issues do the Rules try to address?

ANSWER: The 2006 Amendments were enacted to address three specific concerns: (1) preservation of electronic materials; (2) production of electronic materials, and (3) destruction of electronic materials. Rule 16 governs pretrial conferences, case scheduling and management. Rule 26 provides general provisions concerning discovery and the duty to disclose.

2. Where can the litigation team look for guidance on the procedures for trying cases involving electronic documentation? What sources should they use?

ANSWER: The opinions in the Zubulake case provide extensive guidance on e-discovery. They are still widely read on these issues. The team should also look at the amendments to the Federal Rules and the cases that interpret them.

3. Define “spoliation.” Give three specific examples, including evidence other than documents.

ANSWER: Spoliation is "the destruction or significant alteration of evidence or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation" [West v.

Goodyear Tire & Rubber Co.,167 F.3d 776, 779 (2d Cir. 1999)] Examples may include deleting emails from a hard drive, erasing storage media, or destroying CDs or DVDs. 4. What is the duty to preserve documents? Under what circumstances must documents be preserved?

ANSWER: Upon notice of a pending lawsuit, a party to the litigation is under a duty to preserve documents and things related to the litigation. The duty to preserve has been extended to include situations where the individual knows or has reason to know that litigation may occur. This is called a “litigation hold.”

5. Has the introduction of electronically stored documents changed the duty to preserve? What new problems arise when the documents are in electronic form?

ANSWER: The duty to preserve remains the same but there is now the threat that a single keystroke could destroy or alter electronically stored documents. This means that the duty is more difficult to observe and enforce.

6. What are the possible costs associated with electronic discovery? What factors can make ediscovery costly for a party faced with a request for production?

ANSWER: A major issue in e-discovery is the cost of producing records. What is the cost to recover and produce a tape backup? And of what value is it unless reproduced in some usable form to 166

manually review or electronically scan and review? Production of electronic documents can often result in huge unanticipated costs. Developing search queries and executing them can cost many hours of time, as well as the cost of attorney time in document review. Forensic consultants can also be costly. Costs of restoration and production of records in a usable form can also have substantial costs.

7. May a firm or client regularly destroy files and records? What standards or directives related to litigation should be included within a document retention policy?

ANSWER: It is important for firms to establish and maintain a document retention and destruction policy so it can destroy files and records in the ordinary course of its business without fear of legal sanctions. The policy should include standards as to what matters may possibly bring litigation, and what documents must be preserved that are related to the potential litigation.

8. Does an attorney have a duty to learn about the issues in e-discovery? What should be part of an attorney’s continuing legal education regarding e-discovery?

ANSWER: Under the rules of professional responsibility, the attorney must be competent, which includes the duty to keep current on changes in the law such as those that impact discovery under the federal rules. Failure to stay up-to-date may also be malpractice on the part of the attorney.

Building Your Professional Skills Use the Internet to locate a current version of the Federal Rules of Civil Procedure 16, 26, 33, 34, 37, and 45. What resources on the web provide this information? What other information do these resources provide?

ANSWER: Responses may vary depending on what sources are currently available. Examples may be www.uscourts.gov, which has the current text of the rules. Other reliable sources may be law school websites which may offer articles, comments, and interpretation of the rules.

VIDEO CASE STUDIES Scheduling Conference with Judge Discovery Issue Resolution Watch this video case study in MyLegalStudiesLab and answer the following questions.

1. What is the purpose of the scheduling conference?

2. How can the scheduling conference be used to facilitate electronic discovery?

167

ANSWER: The judge is within his authority to both threaten and award sanctions which will punish one side for failure to comply with discovery under the rules. The sanctions may seem minor, such as a negative jury instruction. But the impact on the jury will never truly be known until trial is concluded. That type of instruction can change the outcome. The negative inference tells the jury that the party was uncooperative in the litigation process and that may have been the direct result of a guilty conscience. A party does not hold back or destroy something that is helpful to his or her case. The jury can easily interpret a negative inference as an admission of liability by the offending party.

Destroying Evidence Found by Paralegals A paralegal discovers a document that is detrimental to the clients case. Only the paralegals working on the case are aware of its existence.

Watch this video case study in MyLegalStudiesLab and answer the following questions.

1. Would a court determine destroying evidence to be spoliation?

2. If the court considers the destruction spoliation of evidence, what are the potential penalties?

3. How might the opposing side learn about the destroyed evidence.

ANSWER: The court will likely determine that the destruction of evidence is spoliation. The likely sanction is for the jury to be instructed that the party destroyed evidence that was relevant to the lawsuit.

The jury is then permitted to give a negative inference to the destruction, that is, the item destroyed contained evidence harmful to the one who destroyed it. The opposing side may learn about the destroyed evidence by locating it from another source or witness. One of the other paralegals may disclose the potential destruction as well.

CHAPTER OPENING SCENARIO CASE STUDY Use the Opening Scenario for this chapter to answer the following questions.

1. Prepare a motion that might be used if it is found that the opposing side had not preserved vital evidence after notice of the lawsuit. State exactly what documents have not been preserved, and specify exactly what sanctions or remedies should be imposed by the court.

Suggest more than one alternative for the court to choose from.

ANSWER:

168

The answer will vary based upon the form of motion used in the student’s jurisdiction, but should include the paragraphs identifying the parties to the motion and the specific allegations or fact that give rise to the requested relief. In this case, it would be important to assert the specific dates of the filing and service of the complaint (or however it is alleged that notice of the lawsuit existed) and then each specific instance of failure to preserve vital evidence. An allegation as to how and why the information is vital to the lawsuit will be important as well.

2. Prepare a discovery plan proposal for use at the meet and confer. Incorporate in the proposal possible ways the parties could cooperate or reach an agreement without court intervention.

ANSWER: The answer will vary by student. The plan should include reference to whether or not the mandatory disclosure was completed and if not, when it will be. The plan should address how and when different discovery techniques will be utilized or completed. For example, depositions of the corporate officers will be completed by a date certain. The plan must address how electronic discovery will be facilitated—how will documents be retrieved, transmitted, and saved until time of trial. The plan should also address what format they will be produced in, such as a native format, or PDF. Also important is what will be done to retrieve old materials that may be stored on devices that are no longer readily accessible, as well as who will bear the cost of this retrieval? There must also be a clawback provision that addresses the very real concerns of inadvertent disclosure of privileged materials.

3. Prepare a memo outlining the potential sanctions that can be requested from the judge in the initial meeting with the court if it is decided that the opposing party has not honored discovery requests. Explain the implications of each type of sanction. List them in order of severity.

ANSWER: The sanctions available cover a very broad area and it is unlikely that the judge would permit the strongest sanction for a single violation. Suggestions might include a negative jury instruction, barring testimony regarding the items not produced, barring the testimony of an expert witness who is not identified or whose report is not shared in a timely manner, removing counsel, or entering judgment against the party who failed to provide the information. The more extreme the violation, the greater the likelihood of a strong sanction. It is important to note that strong sanctions such as judgment entered against a party are very rare.

4. Prepare a memo from the IT staff to the trial team explaining what issues the trial team should be aware of and providing suggestions for obtaining and protecting the needed data in the meet and confer.

ANSWER: The answer will vary by student but should contain details about how the information is stored, on what type of storage media, in what format, and how will it be produced. It is also important to note whether metadata will be stripped.

169

Continuing Cases and Exercises For case study A from Appendix II: 1. Prepare a protocol for the litigation team to use in reviewing documents for a claim of privilege for the accident case in Appendix II. ANSWER: Responses will vary, but the protocol should address two routes fo reviewing documents: reviewing each document by hand, or using a search engine to try and screen documents that may contain words or terms that refer to confidential materials.

Exercises 2. As defense counsel, prepare a list of expert and factual witnesses that you would call at trial.

ANSWER: The answer as to experts and witnesses will vary by student. At minimum, there should be an accident reconstruction specialist, as well as an expert brake technology and brake failure.

3. List the other mandatory disclosures that must be made under the federal rules.

ANSWER: The Federal Rules require the disclosure of all the information relied upon in preparing the claim, including the parties, the witnesses, all exhibits, the calculation of damages, the existence of insurance coverage, and experts intended to be called at trial.

BUILDING YOUR PROFESSIONAL PORTFOLIO Procedures 1. Prepare a protocol for the litigation team to follow to ensure that a litigation hold is instituted and complied with by a client. Explain the reasons for the protocol, and the possible implications if the hold is not followed.

2. Prepare a litigation hold letter to a client based on the above memo.

170

Technology in the Law Office|CHAPTER 13 CHAPTER OBJECTIVE Explain the electronic discovery process and the issues in discovering relevant electronically stored evidence.

CHAPTER LEARNING OBJECTIVES 1. Describe the electronic discovery process and the role of information management.

2. Describe the methods used to identify relevant information in e-discovery.

3. Explain the issues in locating evidence among electronically stored information.

4. Describe the issues that arise in using search queries in e-discovery.

5. Describe the role of a forensic examiner in e-discovery. ]

Warm Up Questions

1. Explain to your students that they work for a law firm that represents a corporate client involved in litigation over a construction project.

2. There are hundreds of documents, e-mails and other communications relating to the project.

3. Four employees of the client worked on the project, one of whom has since left the company.

4. Brainstorm with your students regarding where to find the relevant electronically stored information.

5. Your students will likely begin by identifying documents on the computers at work and the employees’ e-mail, both work and personal.

171

6. You should discuss the employees’ personal devices, such as cell phones and tablets.

7. Finally, explore with your students the issues involving the former employee, including whether his documents and email were deleted and whether they can gain access to his personal device.

Warm Up Wrap Up

Once students have gained a basic understanding of the basic principles of discovery, as well as the particular concerns with electronic documents, a treatment of the process and procedures of e-discovery is in order. An effective legal professional should be well-informed of the process, terminology, and methods for handling e-discovery.

Learning Describe the Electronic Discovery Process and the Role of Objective 1 Information Management.

L.O. # 1 MAIN POINTS

➢ A. E-discovery should be viewed as a series of events in a process, rather than a single event.

➢ B. The Electronic Discovery Reference Model (EDRM) provides a model for effective e-discovery procedures.

➢ C. The ultimate goal of e-discovery is to reduce the total number of items and extract those that are relevant.

➢ D. Because of the volume, complexity and nature of ediscovery, without the proper use of technology, it would be

172

impossible to produce ESI of any significant volume, much less within the deadlines required by the courts.

➢ E. Information management is a set of policies in place at a business before litigation occurs.

➢ F. It determines how documents are created, stored, and destroyed.

➢ G. Document retention policies that provide for the periodic or routine destruction of stored information are permissible.

➢ H. Federal Rule 37 provides a “safe haven” for routinely destroying electronic information. The destruction must be routine, and in “good faith.”

Learning Describe the Methods Used to Identify Relevant Information in EObjective 2 Discovery.

L.O. # 2 MAIN POINTS

➢ A. The initial step in the discovery process is determining what documents are needed.

➢ B. It is also necessary to determine their location, their value to the case, their format, and the costs of retrieving them.

173

➢ C.

All of this information is needed to prepare a proper discovery request.

Learning Explain the Issues in Locating Evidence among Electronically Stored Objective 3 Information.

L.O. # 3 MAIN POINTS

➢ A. Locating information begins with a good understanding of the location and types of documents needed, including documents kept by third parties.

➢ B. After a complete interview of the client, the document will be requested from appropriate agencies or businesses, or from the opposing party through written discovery requests.

➢ C. Discovery of electronically stored information has for the most part eliminated the human element in retrieving data.

➢ D. Finding the desired document requires an appreciation of the types of records kept, and where and by whom they are kept.

➢ E. Discovery of documents usually starts with interrogatories seeking information not only about current documents, but also about the party’s retention policies and the items or types of items that may have been destroyed.

➢ F. The next step is to use a Rule 30 deposition to depose a person knowledgeable about the opposing party’s information management system.

174

Learning Describe the Issues that Arise in Using Search Queries in E-Discovery.

Objective 4

L.O. # 4 MAIN POINTS

➢ A. The collection phase is the part of e-discovery that involves finding and obtaining electronically stored information for review and analysis.

➢ B. The collection process may require retaining outside professionals who are experienced in searching databases.

➢ C. Finding information on a computer, database, or a website usually requires a search query, or a set of parameters that can narrow the data down to the relevant material.

➢ D. Boolean searches use keywords with commands such as AND and OR.

➢ E. Techniques in creating search queries are very important.

Searchers should also be aware that many terms change meanings, and should understand the difference between broad and narrow search terms.

➢ F. Boolean search queries often do not provide the accuracy required for a particular purpose.

Learning Objective 5

Describe the Role of a Forensic Examiner in E-Discovery.

175

L.O. # 5 MAIN POINTS

➢ A. A forensic expert may be able to examine a hard drive or other media and determine if changes or deletions were made.

➢ B. The examination must be done without changing the metadata of the document—every time a document is opened, the metadata changes.

➢ C. The chain of custody shows the history of the document. It shows who changed or handled a file and when.

➢ D. In discovery, electronic documents to be used as evidence must be stored in “digital evidence bags” so that a party can demonstrate that no changes occurred since the document was obtained.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. List three key elements of the electronic discovery process.

ANSWER: The key elements are document management, identification, location, and collection.

2. What is the goal of the electronic discovery process?

ANSWER: The overall goal is to reduce the volume of documents down to only those that are relevant to the case.

3. What is information management? What is an important priority of information management in the context of litigation or potential litigation?

176

ANSWER: Information management is the management of documents prior to litigation. A business must establish policies for document retention, including the length of retention, and the circumstances under which documents must be retained. This policy will help protect businesses from claims that documents were intentionally destroyed, and also preserve documents that are necessary to prepare a defense.

4. Is the destruction of electronic documents permitted? Under what circumstances is it appropriate?

ANSWER: The destruction of documents may be permitted if it is part of a legitimate retention policy, the documents were destroyed as a matter of routine, and in good faith. Destruction of documents may be necessary to control the costs of archiving data.

5. How has the development of electronic forms of information affected the number of documents created and stored?

ANSWER: This development has caused an explosion in the amount of electronic information. Because electronic documents are so easily created and stored, there are few physical limits on retention.

6. What is meant by a “safe haven”?

ANSWER: The federal rules provide a safe haven for destroyed electronic documents. No sanctions will be imposed as long as they were destroyed in good faith, pursuant to a routine document retention policy.

7. Once a party becomes aware of litigation, what are its obligations regarding documents?

ANSWER: The party must impose a litigation hold, which requires that they refrain from destroying documents related to the litigation.

8. What are the costs to businesses of retaining documents?

ANSWER: The technology used for storing and archiving documents may be expensive.

9. During e-discovery, what are the key elements in identifying electronically stored documents?

ANSWER: 177

Parties should determine what documents are needed, their location, their value to the case, their format, and the costs of retrieving them.

10. How do the courts define a record for discovery purposes? List three types of items that are included in this legal definition but that are not ordinarily thought of as “records” by laypeople.

ANSWER: Answers may vary, but reference may be made to the opinion in Jicarilla Apache Nation v. U.S..

Examples may be a book, calendar, chart, check, diagram, or email.

11. What information is needed to locate potential evidence in e-discovery? Name three types of information that can lead to electronic evidence.

ANSWER: Answers may vary, but may include document metadata, testimony from depositions, or answers to interrogatories. The investigation by a forensic expert may also show whether documents were destroyed, who had possession of a document, and when.

12. Why is knowledge of the vocabulary of different professions and industries necessary for the litigation team? How can this knowledge aid in formulating a search query?

ANSWER: Certain words have different meanings depending on their context. Some terminology may have a particular meaning that is unique to a profession or industry. If those definitions aren’t known, and those words are used incorrectly, the wrong results will be produced. In addition, knowing the precise vocabulary of a certain industry or profession will help the researched create a more precise and targeted query.

13. What is the purpose of interrogatories? Why are interrogatories usually only a preliminary form of discovery, and why must they be followed up by other methods?

ANSWER: Interrogatories are a fixed set of written questions that call for a set of written answers. The attorney will not have an opportunity to ask follow-up questions or ask a witness to elaborate.

The answering party’s attorney always reviews the answers and makes sure the answers are limited. The information provided in answers to interrogatories are usually only meant to lead to other sources of information.

178

14. What information can be obtained through interrogatories that will help in locating electronically stored information?

ANSWER: They can be used to find out information on the systems of storage used, as well as their document retention policies. They can also ask about documents that have been destroyed, and what persons may have received ESI. This information will be used in developing requests for production and setting up depositions.

15. How can interrogatories be used in preparing for depositions?

ANSWER: The interrogatories can ask preliminary questions that can be followed up in the deposition. They can also be used to identify the people that may be responsible for, or have possession of ESI, so that those persons can be deposed.

16. What are the requirements for giving notice of the taking of a Rule 30 deposition?

ANSWER: The requesting party must give written notice. If the notice must state with particularity what matters will be asked about. It must provide the details of the kinds of questions that must be asked. If it is an organization, the notice must state that the organization has the duty to designate an officer, director, or managing agent to testify on its behalf.

17. What kind of information can be learned in a Rule 30 deposition that will aid in electronic discovery?

ANSWER: The deposition may reveal information about the data system used to store information, the backup system, the locations of the storage media, and policies for managing and retaining the data.

18. When might the litigation team need the help of outside consultants in collecting electronically stored information? What types of knowledge and expertise can a consultant contribute to the team?

ANSWER:

179

Consultants will understand document storage systems and can help the team craft effective discovery requests and questions. They can also help develop precise and focused search queries when searching ESI during the collection phase. Sometimes, data is stored in older, outmoded systems and media, and only specialists may understand how to access these.

19. What is the purpose of a search query in electronic discovery?

ANSWER: Search queries are necessary to narrow down the data located in a computer database or website.

20. In electronic discovery, how effective is the Boolean model of searching? What factors can prevent it from being effective?

ANSWER: The Boolean model uses keywords with connectors such as AND and OR. This type of search is not always reliable because if the wrong words or combination of words is used, documents may be missed.

21. What are some examples of other types of search methods that might be used in electronic discovery? How are these different from a Boolean search?

ANSWER: Answers will vary since there are many other types of searches. A concept search uses similar or related terms within the query to widen the net. Other types of searches include full text searches, stemming, and weighted relevance searches.

22. What is the significance of the Legal Track of the Information Technology Laboratory’s annual conference? How does the Legal Track simulation help our understanding of the e-discovery process?

ANSWER: The Legal Track is used to develop more effective search technology within the legal profession.

Simulated complaints are used to create a fictional search query. The parties collaborate to create a query, and the organization develops a better understanding of how to make an effective query.

23. Why is sampling an important element in reducing the cost of electronic discovery?

180

ANSWER: Sampling allows the researched to test a search query on a limited pool of documents before executing that search in the entire document pool.

24. What is the role of computer forensics in electronic discovery? How can a forensic expert help the legal team?

ANSWER: Forensic experts know how to examine a hard drive to find out if documents have been changed or deleted. They also know how to examine the metadata of documents to determine when and by whom changes were made.

25. Why is a properly maintained chain of custody important in e-discovery?

ANSWER: When presenting evidence in court, it is important to be able to establish that no changes have been made to the document since it was obtained from the other party. The team must be able to prove exactly who had possession of the document, and that no one has accessed it.

26. What role do service companies play in supporting electronic discovery?

ANSWER: Service companies can be retained to provide services that are beyond the expertise of in-house staff. They can provide very basic services, such as simply scanning the documents, or more complex services, such as recovering lost or destroyed files.

Building Your Professional Skills INTERNET AND TECHNOLOGY EXERCISES 1. Locate the websites of companies that support electronic discovery and list the services that they offer.

2. Review the current information on the Electronic Discovery Reference Model at www.EDRM.net.

3. Use the Internet to locate ethics opinions with regard to electronic discovery in your jurisdiction.

181

4. Use the Internet to find other contexts where search queries are used by the legal profession.

Locate at least three instances. What types of queries are used? What specific types of legal information are being sought? How is the chosen type of query appropriate to that form of information?

ANSWER: Responses to 1-4 will depend on choices made by each individual student.

VIDEO CASE STUDIES Second Meeting with Brake Company President The president of the brake manufacturing company meets with her attorney and learns the company will be brought into a lawsuit. Watch this video case study in MyLegalStudiesLab and answer the following questions.

1. Is the president of the company a suitable person to offer to the opposing side for a Rule 30b deposition?

2. What are the qualifications a person should have to be deposed under Rule 30b?

3. What is the purpose of a Rule 30b deposition?

CHAPTER OPENING SCENARIO CASE STUDY 1. Use the Opening Scenario for this chapter to answer the following questions. a. Prepare an electronic discovery plan for use in the school bus case. At this stage, include further steps that apply to the new issues in the case regarding the potential product defect and possibly negligent truck maintenance. b. Prepare a discovery plan for use in a complex litigation case like the airplane crash in Appendix III, Case 7.

ANSWER:

182

Responses will vary, but should demonstrate a basic understanding of the process and procedures of e-discovery, including the requirements for discovery requests, such as interrogatories, depositions, and requests for production.

2. For the assigned case study: a. Prepare a set of interrogatories for use in this case. Craft questions designed to discover sources of relevant electronic files and information regarding the defendant’s document management plan. b. Prepare a Rule 30 deposition notice for use in this case. The deposition will be of an appropriate records custodian at the defendant company.

ANSWER: Responses will vary, but should demonstrate that students understand the types of questions that will help lead to additional information and a more effective search of the defendant’s data storage system.

Continuing Cases and Exercises For the school bus-truck accident case, Case A in Appendix II: 1. Prepare a list of potential items that might have been destroyed.

2. Prepare a list of interrogatories to identify potentially destroyed evidence and to identify sources of existing records, including electronic records. Also include questions regarding the defendant’s document retention policy.

ANSWER: Responses to 1 and 2 may vary, but should demonstrate that students understand the common sources of ESI in a business, as well as the parameters of typical document retention policies.

BUILDING YOUR PROFESSIONAL PORTFOLIO Procedures

183

1. Prepare a protocol for the litigation team to follow to ensure that a litigation hold is instituted and complied with by a client. Explain the reasons for the protocol, and the possible implications if the hold is not followed.

2. Prepare a litigation hold letter to a client based on the above memo.

184

Technology in the Law Office|CHAPTER 14 CHAPTER OBJECTIVE Describe the issues in the review of electronically stored information.

CHAPTER LEARNING OBJECTIVES 1. Describe the issues in reviewing large volumes of material as part of e-discovery.

2. Describe techniques for filtering, reducing and coding large volumes of documents.

3. Describe the purpose of privilege review and how items may be protected from disclosure.

4. Describe the process for authentication of documents.

Warm Up Questions

1.

Begin by explaining to your students that ESI normally contains many duplicates, such as an attachment to an e-mail that is retrieved from several individuals at a company.

2.

Brainstorm with your students regarding whether these duplicates can automatically be removed from a hypothetical production or if there is any value in keeping multiple copies.

3.

Introduce the concept of metadata, which is simply information about the document.

4.

Explore with your students whether they can think of any litigation where “who received the email attachment” is significant.

5.

Discuss cases relating to defamation, discrimination and/or fraud and how the recipient of the information would be relevant.

185

Warm Up Wrap Up

In Chapters 12 and 13, the basic issues of e-discovery were discussed.

This chapter takes this information to the next logical step – how electronic documents are analyzed for potential use at trial. At one time, the litigation team had to deal with rooms of file boxes, file folders, and lengthy summary sheets. Now all documents are stored on a CD, DVD, or flash drive. The litigation team must develop a seamless method of managing, reviewing, and analyzing these electronically stored documents.

Learning Describe the Issues in Reviewing Large Volumes of Material as Part of Objective 1 E-Discovery.

L.O. # 1 MAIN POINTS

➢ A. Document review is one of the most costly parts of electronic discovery.

➢ B. When documents are delivered by the client in a number of different electronic file formats, the review process will require multiple programs to open and view the original files.

➢ C. Document review can sometimes be done more efficiently by converting all of the different types of documents into a common format that can be searched and indexed with a single program.

➢ D. Rule 34 of the Federal Rules of Civil Procedure allows the requesting party to specify the desired format for the delivery of the information.

➢ E. Every electronic document has metadata, which is simply information about the document.

186

➢ F. If the document is delivered in its native file format (the format in which the document was originally created), the metadata is part of the document.

➢ G. The process of removing metadata is commonly called “scrubbing” the electronic documents.

➢ H. In a litigation setting, the issue arises of whether this can be done without either the agreement of the parties or the producing party providing notice through an objection or motion for protective order.

Learning Objective 2

Describe Techniques for Filtering, Reducing, and Coding Large Volumes of Documents.

L.O. # 2 MAIN POINTS

➢ A. The number of electronic documents supplied in response to the discovery request may be in the hundreds, thousands, or millions.

➢ B. When a high volume of documents is first received, the production can be made more manageable by using the processes of filtering, coding and numbering the documents.

➢ C. Filtering is the process of scanning or searching the documents for relevant terms in an attempt to narrow the documents’ focus.

187

➢ D. De-duplication is the process of electronically eliminating the duplicates.

➢ E. Coding is the process of capturing case-relevant information from a document -- for example, the author, date authored, date sent, recipient and date opened.

➢ F. The cost and time associated with manual document coding is significantly reduced with the use of document coding software.

Learning Objective 3

Describe the Purpose of Privilege Review and how Items may be Protected from Disclosure.

L.O. # 3 MAIN POINTS

➢ A. Privilege review is the process of reviewing a client’s documents to identify those that contain privileged or confidential information, or attorney work product.

➢ B. Protection against disclosure is provided in the federal rules, such as the Rule 26 protection for privileged matter and work product.

➢ C. It is agreed that privilege review is the most costly phase of the discovery process.

➢ D. Documents identified as privileged should be removed from production.

188

➢ E. Even with a careful privilege review, documents that are considered privileged may still be overlooked and produced unintentionally, which is referred to as inadvertent disclosure.

➢ F. Initial efforts to address inadvertent disclosure were included in the 2006 federal rules changes, which provide for a claw-back provision under Rule 26.

➢ G. Even with claw-back agreements, there is a duty to use reasonable efforts to protect confidential, privileged or work product documents against inadvertent disclosure.

➢ H. If only a portion of a document contains privileged information, the sensitive material may be redacted.

➢ I. Redaction is the removal of confidential information. ➢ J. A privilege log is a list of documents claimed by the submitting party to contain material subject to a privilege or work product exclusion.

Learning Objective 4

Describe the Process for Authentication of Documents.

L.O. # 4 MAIN POINTS

➢ A. Before a document may be admitted into evidence, it must be authenticated.

➢ B. Authentication is accomplished by offering sufficient supporting evidence to verify that the document is what the proponent says it is.

189

➢ C. Electronically stored documents, when produced in printed form, do not have the same physical characteristics of original paper documents.

➢ D. Challenges to the authenticity of electronic documents are based on the electronic characteristics of their creation and usage--the metadata.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. What is the purpose of document review? What are the stages in the process, and what are the goals of each?

ANSWER: Documents in discovery are reviewed both to reduce the numbers of documents to manageable levels, and to make sure that privileged or confidential documents are not released to the other side. Filtering is used to narrow the focus of the documents. De-duping is the process of eliminating duplicate documents, while retaining information about recipients. Coding is the process of sorting documents based on their contents and characteristics. In privilege review, attorneys review all documents to make sure that sensitive documents protected by attorneyclient privilege are not disclosed in discovery.

2. How is document review complicated by different file types and formats? Describe a solution to this problem.

ANSWER: A party may have created or stored documents in multiple formats. This makes it difficult for them to be reviewed by the other side. Under discovery rules, a requesting party may request that all documents be produced in a specific format.

3. What file format is often required by courts for producing documents in discovery? Why is this format desirable in discovery?

ANSWER: PDF and TIFF formats are preferred because the content of the documents is “locked in” and cannot be changed easily.

190

4. If the requesting party does not specify a format for production of the documents, what form may the producing party use? What rules govern the format for production?

ANSWER: Rule 34 says that if no format is specified, the responding party can produce them in whatever format they were kept in the usual course of business, or a reasonably usable form.

5. What is metadata? What is the difference between content and resource metadata?

ANSWER: Metadata is information imbedded within the file, which tells about the file. Resource metadata is information about the location of the file. Content metadata is information about the content and author.

6. Why might metadata be relevant in litigation? Can metadata be removed from documents?

ANSWER: Metadata can contain important information about who wrote something, or when someone knew certain information. Metadata may be removed from documents with the use of certain software features. The method used to create the electronic file can also have an impact on the metadata delivered. If the document is delivered in its native format, the metadata is part of the document. However, if delivered as a TIFF file, which is a document image, the hidden data or metadata cannot be seen. This may be an advantage or disadvantage depending on whether you are the sender or the recipient.

7. Does metadata always need to be produced with a document? How do courts view the production of metadata?

ANSWER: Some courts have rules that it is not always necessary that metadata be produced with a document. A format other than a document’s native format may be considered to be a “usable format,” and will therefore be allowed.

8. How is metadata used to determine the authenticity of an electronic document?

ANSWER: Metadata verifies the authenticity of a document much the same way that physical characteristics determined the authenticity of paper documents. The metadata established who created the document, and when, as well as who accessed the document and made changes.

9. Why might paper documents be converted to electronic form during discovery? Give at least three reasons. How is this conversion accomplished?

191

ANSWER: Paper documents are converted to electronic form by scanning them and converting them to a PDF or TIFF. Electronic documents are more easily transferred or sent, can be easily searched for relevant information using search software, and eliminate the cost of photocopying. They are also more easily scanned and redacted during a privilege review.

10. What are the advantages to having documents in electronic form? Give at least three reasons.

ANSWER: Electronic documents are more easily transferred or sent, can be easily searched for relevant information using search software, and eliminate the cost of photocopying. They are also more easily scanned and redacted during a privilege review.

11. What is meant by native format? How is the native format different from a graphic image format?

ANSWER: A native file format is a format used by the program that was used to create the document.

Someone must have that program to open and view the document. For sharing files and forms within a law firm, this is an advantage. For discovery purposes this is a problem because files can be altered from their original state. Metadata is visible and would reveal these alterations. PDF and TIFF are graphic images of native file documents that cannot be easily altered. In TIFF files the metadata cannot be seen and the files can be redacted, numbered, and searched easily.

12. What is the purpose of filtering in discovery? Give an example of a filtering term that might assist a party in discovery during an employment discrimination suit.

ANSWER: Answers may vary, but may include the name of the victim of discrimination as well as the persons alleged to have committed discriminatory acts, or certain gender-specific or raciallybiased terms in connection with those persons.

13. What is the purpose of de-duplication? Why is this an important process in e-discovery?

ANSWER: De-duplication or de-duping is the process of electronically eliminating the duplicates of the same document. For example, you need only one copy, not thousands, of the same e-mail that was sent to the entire corporate mail list. The same is true for the copies of letters sent to many recipients, unless you are trying to show knowledge, republication, or similar issues. De-duping is important in order to reduce the costs of document review, since fewer documents will need to be scrutinized by attorneys.

192

14. What is the purpose of coding documents? How does coding assist parties during the processing of documents?

ANSWER: Coding is the process of capturing case-relevant information (such as the author, date authored, date sent, recipient, or date opened) from a paper document.

15. What is the difference between objective and subjective coding?

ANSWER: The most basic type of coding is objective coding, also referred to as bibliographic indexing. This includes the author, type of document, recipient, and date. Subjective coding identifies keywords within the document or other criteria not related to bibliographic information.

16. What is auto coding? What are its advantages? What further steps may be necessary after auto coding is accomplished?

ANSWER: Auto coding is the electronic scanning and coding of documents by selected key terms and dates.

It allows large volumes of documents to be coded automatically, without human review. In some cases, the documents are first auto-coded, and then selected documents are manually coded.

17. What is privilege review? Why is careful privilege review necessary in almost every case?

ANSWER: Privilege review is the process of reviewing a client’s documents to identify those that contain privileged or confidential information, or attorney work product. Even with a careful privilege review, documents that are considered privileged may still be overlooked and produced unintentionally, which is referred to as inadvertent disclosure.

18. What types of documents need not be provided to the other side?

ANSWER: Documents identified as privileged should be removed from the documents produced to the opposing side. The excluded documents must be identified on a privilege log that states the basis for the claim of privilege.

19. What is inadvertent disclosure? What is a possible effect of inadvertent disclosure?

ANSWER: Inadvertent disclosure is an unintended disclosure of privileged, confidential, or work product information to the opposing side. The effect may be not only the disclosure of information that could be damaging to a client, but also waiver of the protection afforded by the privilege.

193

20. What is a claw-back clause? What purpose does it serve?

ANSWER: A claw-back is a safety device for inadvertent disclosure after reasonable methods have been used to protect and preserve confidential material.

21. What is the purpose of redaction?

ANSWER: Redaction is blocking out specific information within a document so it is not visible to others.

22. Why must documents be authenticated? How is the authentication of electronic documents different from the authentication of paper documents?

ANSWER: Authentication is necessary in order for documents to be admitted into evidence at trial. It demonstrates that the document is what the proponent claims it to be. The authentication of paper documents required examination of the physical characteristics of the document, such as handwriting. Electronic documents are authenticated by examining their metadata.

23. Do any documents have automatic authenticity? Give three examples.

ANSWER: Answers may vary, but may include certified copies of public records, newspapers, or commercial paper.

24. How is the claim of privilege made? What is a consequence of failing to make a claim of privilege?

ANSWER: The client has the burden of proving that the privilege exists. In order for a communication to be protected, the privilege must be asserted and its existence established by the client. If none is made, the privilege may not be asserted, and the protection afforded by the privilege may be waived.

25. What is the purpose of a privilege log?

ANSWER: A privilege log is a list of documents claimed to contain material which is subject to the attorney client or work product privileges. The list is attached to responses to discovery requests and serves to notify the other party of the existence of items that may be discoverable but for the existence of the privilege.

194

Building Your Professional Skills 1. Locate information about removing metadata from word processor documents.

2. Use the Internet to find redaction software. Create a table comparing the features of each.

ANSWER: Responses to 1-2 will vary depending on the choices made by each student. Features to compare may include auto-search features, automatic redaction for commonly used data, such as social security numbers and dates of birth, preset stamps (such as “confidential”), and bates numbering.

CHAPTER OPENING SCENARIO CASE STUDY Use the Opening Scenario for this chapter to answer the following questions.

1. In what form should each team request the documents be produced to them?

ANSWER: It may be advisable to request documents to be produced in a graphic image format, such as PDF or TIFF. 2. What are the potential problems with not specifying a format for production?

ANSWER: If the format is not specified, they may be produced in native form, which may yield multiple formats. This may make it more difficult to organize and review the documents.

3. How can software programs or outside consultants be of advantage in either case?

ANSWER: Outside consultants may be able to formulate the most effective and cost-effective strategy for document review. They will be able to determine the best methods for filtering and searching the documents, as well as eliminating duplicates. They will be able to suggest the best software for accomplishing this, as well as advising how to use the software.

4. What are the firm’s options in discovery? How will these options make discovery more efficient or effective?

ANSWER: 195

The firm will have many options for using software available for filtering, coding, and searching the documents. This software will allow the team to quickly pare down the numbers of documents to a manageable size, and focus on only those documents relevant to the case.

Continuing Cases and Exercises 1. Review the issues that must be considered in each case as it relates to e-discovery and trial preparation. Prepare a list of the issues.

ANSWER: Responses will vary, but the list should include issues related to reducing the volume of documents to a manageable and affordable level, effectively searching documents, choosing the correct document format for discovery, reviewing documents for privileged information, and checking for and eliminating metadata within documents.

2. Use the list of issues to prepare instructions to the client from initial inception of each case. Be specific as to how documents are to be prepared for turning over to the legal team.

ANSWER: Responses will vary, but should include, at minimum, checking documents for any metadata, searching for sensitive or confidential information, and converting the document to an appropriate format.

3. a. Prepare a litigation hold letter to your client. Explain the reasons and the penalties.

ANSWER: Responses will vary, but the letter should contain the relevant information contained in the hypothetical. b. Prepare a memo to members of the firm on the necessary steps and actions they must take regarding litigation hold procedures.

ANSWER: Responses will vary, but at minimum, should advise the members of the firm that they have an affirmative duty to follow up with the client to ensure that the litigation hold procedures are implemented and followed. The procedures they are to follow up on should track those detailed in the hold letter in question 3a, above.

196

c. Instruct your client on what documents you wish to review and the reasons for the review, including instructions and the reasons for the requested file format of the files.

ANSWER: Responses will vary, but the explanation to the client should detail the reasons for discovery, the reasons for a privilege review, and the reasons for producing documents in a specified format. d. Prepare a template for use in preparing a privilege log.

ANSWER: Responses may vary, but a possible template may be similar to the log shown in Exhibit 14.9. e. Prepare a list of witness you will need to authenticate documents that will be admitted as evidence.

ANSWER: Responses will vary, but the chosen witnesses should be those who can testify to the information specified for each type of document shown in Exhibit 14.10.

BUILDING YOUR PROFESSIONAL PORTFOLIO Procedures 1. Locate any rules of procedure or evidence in your jurisdiction on requirements for producing privileged material.

ANSWER: Responses will vary depending on the jurisdiction, but should be rules analogous to similar federal rules, such as Rule 26 of the Federal Rules of Civil Procedure, and Rule 502 of the Federal Rules of Evidence.

2. Prepare a checklist of the steps that must be taken in your jurisdiction to prevent inadvertent disclosure of confidential information from being treated as a waiver of the privilege.

ANSWER: Responses will vary, but may include safeguards such as searching documents prior to disclosure in discovery, and incorporating claw-back provisions in discovery agreements.

197

Technology in the Law Office|CHAPTER 15 COURSE OBJECTIVE Describe the elements of the electronic courtroom and their uses by the legal team.

CHAPTER OBJECTIVES 1.

2.

Describe the elements of the electronic courtroom.

Describe how court staff can assist the legal team with using electronic resources in the courthouse.

Warm Up Questions

Warm Up Wrap Up

4.

Brainstorm with your students regarding the types of equipment they would need to present a case a trial.

5.

Discuss the need to project documents and demonstrative exhibits during trial.

6.

Explore how to best present videotaped deposition testimony.

7.

Ask your students how they would determine which types of technology are available in the courtroom in advance of trial.

It is important for students to be familiar with today’s electronic courtroom and the various services that may be available at the courthouse in their jurisdiction. The goal of this chapter is also to reinforce the understanding that they must communicate with the appropriate courthouse personnel to determine what is and is not available. This personnel will also help them get the necessary equipment into the courthouse with as little difficulty as possible.

Learning Describe the Elements of the Electronic Courtroom.

Objective 1

198

L.O. # 1 MAIN POINTS

➢ A. Increasingly, courts are embracing the use of technology and computer systems for presentations in the courtroom.

➢

B. The types of electronic equipment available can vary, even among rooms within the same courthouse.

➢

C. The trial team has to be prepared to make the best presentation of their client’s case, whether in a traditional courtroom or in a contemporary, multimedia courtroom.

➢

D. In most traditional courtrooms, litigants use easels or displays boards, blackboards, or erasable whiteboards.

➢ F. In some contemporary courtrooms, these basic tools have given way to more modern technology such as visual presentation systems, and the computer projector.

➢ G. Computer monitors may also be located at the counsel’s table, on the judge’s bench, and in some cases in the jury box or witness stands.

➢ H. The courtroom may also have a large-screen monitor for viewing by everyone in the room.

➢ I. In some cases, judges who do not have a multimediaequipped courtroom will permit the attorneys to bring in their own equipment.

199

Learning Objective 2

Describe how Court Staff can Assist the Legal Team with Using Electronic Resources in the Courthouse.

L.O. # 2 MAIN POINTS

➢ A. Within each courthouse and each courtroom are numerous people who are more than willing to help the legal team if properly approached and consulted.

➢ B. They have specialized knowledge that has developed from working in their area of expertise on a daily basis.

➢ C. The technical support office should be the first place to contact if any technology will be needed in the courthouse.

➢ D. The technical support person at the courthouse can help clear the team’s hardware through security, saving time and stress on the day of trial.

➢ E. It is wise to anticipate worst-case situations and have copies of graphs and charts as a backup.

➢ F. Well-prepared legal teams check all equipment in advance and bring spare parts, such as extra projection bulbs. Some even bring backup projectors, monitors and printers.

200

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. List and explain some of the advantages to the use of technology in making courtroom presentations. Give three examples of how technology can make evidence clearer to a jury and increase the evidence’s impact.

ANSWER: Technology has changed the ways that trials are conducted, resulting in swifter and more costeffective justice. Technology has eliminated, in some courts, the need for court reporters by making use of an audio system. Testimony from the transcript of a deposition can be displayed to compare to a witness’s trial testimony. Computer graphics can be used to display a simulation of an accident. Timelines can be displayed to show a sequence of events.

2. What functions can a litigation presentation program serve? Give three tasks at trial that this software can make easier or more effective.

ANSWER: Trial presentation programs are used to create graphics for presentations either as stand-alone graphics or as part of a graphics presentation, such as part of a PowerPoint presentation.

SmartDraw is a graphics program that offers templates frequently used in legal and medical matters. These can be easily modified to present the facts of an actual case.

3. How may the legal team use presentation graphics programs? Give examples of the ways graphics can be used by both litigation and non-litigation legal teams.

ANSWER: Properly prepared graphics are an excellent way of telling a story and making a point, whether to a jury, a client, or to a group of concerned residents in a public meeting.

4. Explain how a judge can maintain control over the presentation of evidence when multimedia equipment is used at trial.

ANSWER: A judge will have a monitor at the bench to see what the jury is seeing. A “kill switch” may be connected so the judge can halt the presentation when an objection is made.

5. How can some multimedia technology enhance videos of depositions? How can this technology help a jury understand the testimony?

ANSWER: The text from the transcript of the deposition can be displayed while the video is being shown so the jury can understand every word.

6. What problems can arise with courthouse security when technology is used by a trial team?

What can be done to avoid these issues?

ANSWER: 201

Because of tight security at every courthouse, all equipment that is brought in must be cleared through security. This can be a stressful and time-consuming process. The IT staff at the courthouse should be contacted in advance to discuss the process and prepare ahead of time.

7. What can be done to prepare for situations when the power fails during trial presentations?

ANSWER: Paper versions of documents and displays should be brought as a back-up. Auxiliary power supplies can be brought in to keep equipment running.

8. Why is the courthouse technology team important to the legal team? Explain three ways these personnel can be essential to the legal team.

ANSWER: These persons will know what technology is available at the courthouse and in each courtroom, and what must be brought by the legal team. They will know what is permitted by each judge.

They will also know how to clear equipment through security.

Building Your Professional Skills 1. Use the Internet to find information on the electronic courthouse and courtroom in your federal and state jurisdictions. List the specific resources that are available in each venue.

Prepare a table showing what resources are available in different categories, such as video, projection, audio, and translation services.

ANSWER: Responses will vary depending on the jurisdiction.

2. Prepare a list of contact information of technology staff available at each venue.

ANSWER: Responses will vary depending on the jurisdiction.

Chapter Opening Scenario Case Study Use the Opening Scenario for this chapter to answer the following questions.

1. What equipment will the trial team need to display the photographs electronically? What are their options for displaying the photographs?

ANSWER: Photographs should be converted to digital form, and then displayed for the jury using largescreen monitors or video projectors.

2. What are the advantages and disadvantages of using video to display the images, versus using conventional enlargements?

ANSWER: Using digital images may be less costly than paying to make photo enlargements of every exhibit.

They are also easier to transport. Using multiple viewing monitors in the courtroom, everyone

202

will be able to see the photos simultaneously. Counsel can also use an electronic pen to make markings on the photos to point out details.

3. How should the team plan to present the evidence of the medical experts and treating doctors? What equipment or arrangements will need to be made for video testimony? What systems or software can enhance these presentations?

ANSWER: It may be more cost-effective to take depositions of experts in advance. Since the exact time of the testimony in the trial may be unknown, it could be very expensive to have the expert waiting hours or days to testify. In the alternative, the expert could testify remotely using video conferencing technology. Litigation software should be used to show a recorded deposition so that the transcript of the testimony can be shown simultaneously. This will allow a “caption” for the jury to read and understand the testimony.

Continuing Cases and Exercises 1. Prepare a list of the electronic equipment available in the federal and state courts in your jurisdiction where you may be assigned to try a case.

ANSWER: Responses may vary depending on the jurisdiction.

2. Prepare a memo to the trial team explaining the local rules for bringing in and using multimedia equipment in trial.

ANSWER: Responses will vary by jurisdiction, but at minimum should include information about courthouse staff that must be contacted, security protocols at the courthouse, and local court rules governing what equipment will be allowed.

3. Contact the staff in your federal and local courts to find out what the security protocols are for bringing multimedia equipment into the courthouses. What arrangements are needed to make setting up for trial faster and less stressful?

ANSWER: Responses will vary depending on the jurisdiction.

4. Prepare a list of the potential multimedia exhibits you would use in the school bus–truck accident, Case A in Appendix II, or in the assigned comprehensive case. Create a table listing the technology and software that would be used for each, along with the advantages and disadvantages.

ANSWER: 203

Responses will vary depending on the choices made by the student, but the responses should be very specific as to how the equipment and software will save costs and enhance the impact of evidence.

Building Your Professional Portfolio Procedures 1. Prepare a memo explaining what multimedia resources are available in the federal, state, and local courts in your immediate jurisdiction.

ANSWER: Responses will vary depending on the jurisdiction.

2. Prepare a checklist of the steps needed to set up multimedia equipment at each court in your area. Include steps for clearing security, gaining access to existing courtroom equipment, and gaining the cooperation of judges in each courthouse.

ANSWER: Responses will vary depending on the jurisdiction.

204

Technology in the Law Office|CHAPTER 16 CHAPTER OBJECTIVE Explain the value of the use of graphics in litigation and create a PowerPoint presentation.

CHAPTER LEARNING OBJECTIVES 1. Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

2. Create a basic PowerPoint presentation.

3. Create an accident scene exhibit using graphics software.

Warm Up Questions

1. Brainstorm with your students regarding which types of information would be best produced in graphic form at trial.

2. Some examples would be to include visual charts of lost earnings, graphs of damages for breach of contract or a spreadsheet of expenses in a child support matter.

3. Next, explore how timelines can be used to explain events that occurred on one specific day or during several months relevant to the litigation.

4. Finally, discuss how accident reconstruction diagrams and crime scene reconstruction can provide a visual impact to help a party at trial.

Warm Up Wrap Up

This chapter introduces the student to presentation graphics. Most students will be familiar with PowerPoint presentations, and many will have either observed or made a presentation themselves in other 205

contexts. Legal professionals should not only be proficient in using PowerPoint, but should also be prepared to look beyond this program to specialty software designed specifically for legal presentations. In this chapter, students will focus on how the legal team can use presentation and graphics software packages to create exhibits for use at trial.

Explain how Graphics created with Ordinary Office Suite Learning Applications and Presentation Graphics Programs may be used in Objective 1 Litigation.

L.O. # 1 MAIN POINTS

➢ A. Graphics now play an important role not only during trial, but also in the stages leading up to trial.

➢ B. Using photographs, videos, computer simulations, timelines, and other graphics, the litigation team can get a better understanding of the facts and legal theories that support a case.

➢ C. Once these factors are understood and clarified by both parties, settlement is more likely.

➢ D. If the case does not settle before trial, the graphics created in the pretrial process may be used as trial exhibits.

➢ E. A spreadsheet can be used to display data in an easy-toread format.

➢ F. The same type of spreadsheet can also be set up with columns that identify and track expenses, individual client medical expenses, or any other set of data for which keeping track of the items and amounts is important.

206

➢ G. Task lists, otherwise known as “to-do lists,” can be created using the electronic database in the office suite

➢ H. Using the various office suite tools, settlement brochures can be created in-house.

➢ I. Program integration is a time-saver when using different presentation and case management tools.

➢ J. Integration allows a single mouse click or keystroke to start a process that can transfer information from one application to another, a task that would otherwise require the user to start up multiple programs and use multiple functions within each program.

Learning Objective 2

Create a Basic PowerPoint Presentation.

L.O. # 2 MAIN POINTS

➢ A. Presentations in the legal community are typically used to reinforce the ideas, concepts, and thoughts that the presenter wants to emphasize.

➢ B. PowerPoint has become the standard for making electronic presentations to all types of audiences, from grade-schoolers to courtroom juries.

207

➢ C. PowerPoint can emphasize the speaker’s main ideas and aid an audience’s understanding.

➢ D. Creating slide presentations in PowerPoint is made easier with the wide variety of available templates and content slides.

➢ E. Creating slide presentations in PowerPoint is made easier with the wide variety of available templates and content slides.

➢ F. When the PowerPoint program is started, it opens with a new working window and a single blank slide to which text, graphics, sound, video, and animations can be added.

➢ G. PowerPoint allows many enhancements to a slide presentation, such as slide transitions.

➢ H. Multiple graphic elements may be used in a single slide.

➢ I. Microsoft provides a number of Web-based tutorials for learning how to use the different features in PowerPoint.

Learning Create an Accident Scene Exhibit using Graphics Software.

Objective 3

L.O. # 3 MAIN POINTS

➢ A. SmartDraw provides a number of templates of graphs and diagrams that are useful in litigation.

208

➢ B. The starting point for creating a graphic is selecting the template or sample that most closely resembles the actual image.

➢ C. Each of the items shown in the main panel of the graphic can be moved, removed, or edited, and additional items can be added from the Smart Panel library of symbols on the left side of the screen, with help and instruction for using the specific function’s activity on the right panel.

➢ D. Graphic elements may be further modified by adding text and color fill using the ribbon tabs and menu items.

➢ E. Graphic elements may be further modified by adding text and color fill using the ribbon tabs and menu items.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. How can the legal team use presentation graphics programs? Give examples of ways that graphics may be used by both litigation and non-litigation legal teams.

ANSWER: Trial presentation programs are used to create graphics for presentations either as stand-alone graphics or as part of a graphics presentation, such as part of a PowerPoint presentation.

SmartDraw is a graphics program that offer templates frequently used in legal and medical matters. They can be easily modified for the facts of the individual case. For example, they can be used at trial to show photographs of the damage to an automobile. Presentation graphics are not limited to trial situations. They can be used in any situation where an image will help explain a concept. For example, graphics can be used to show the legal description of a piece of property, and how another parcel is encroaching upon it.

2. Create an accident scene exhibit using SmartDraw. How will the exhibit help the jury understand how the accident occurred? What features should be included to accomplish this?

ANSWER: 209

Responses will vary, but should demonstrate an understanding of the basic tools and functions available in this software.

3. Create a graphic of a room using Microsoft Visio. The graphic will be used to create a diagram of a crime scene. A client will use this diagram to explain to a defense team his version of the events leading up to an alleged homicide. How will the diagram help the client explain the facts?

ANSWER: Responses will vary, but should demonstrate an understanding of the basic tools and functions available in this software.

4. Explain how trial presentation programs can help a trial team prepare for and conduct a trial.

Describe three tasks in which an application can assist.

ANSWER: Responses will vary, but tasks may include presenting the calculation of damages, summarizing bills and other financial information, or graphics showing how an accident occurred.

5. Create a basic PowerPoint presentation on the use of PowerPoint in litigation. Include a detailed explanation of how to create a slide. Create at least ten different slides on separate subtopics. Use graphics, such as clip art, to provide effective visuals. Use transitions to make the slides flow together.

ANSWER: Responses will vary, but should demonstrate an understanding of the basic tools and functions available in this software.

6. Deliver the above PowerPoint presentation to a group. After the presentation, ask the group to give you feedback. Describe the positive and negative reactions to the presentation. What changes would you make if you were to give it again?

ANSWER: Responses will vary, but should demonstrate an understanding of the basic tools and functions available in this software.

7. Use TimeMap to create a time line of at least ten time elements such as birthdays, anniversaries, or course-related deadlines. Export the time line to PowerPoint, with each item on a separate slide. Create a second PowerPoint presentation with all the time line elements on one slide.

ANSWER: Responses will vary, but should demonstrate an understanding of the basic tools and functions available in this software.

210

Building Your Professional Skills 1. Use the Internet to locate resources for learning how to use Microsoft PowerPoint. List the topics available and the web addresses for accessing this information.

ANSWER: Responses will vary, but may include many resources both within the Microsoft website and from outside educational sources.

2. What Internet resources are available for obtaining maps and aerial views that might be used for trial preparation?

ANSWER: Responses will vary, but these resources may be available from government agencies, such as the U.S. Geological Survey. The sources of these digital resources may be found at http://nationalmap.gov/gio/viewonline.html.

3. Locate resources for learning SmartDraw online. What resources are available that specifically pertain to using SmartDraw in litigation? Create a list of at least five features in SmartDraw that you were not previously aware of, and explain how each is used.

ANSWER: Responses will vary, but may include flowcharts, mind maps, accident reconstruction templates, graphs, and floor plans.

VIDEO CASE STUDIES Final Pretrial Evidentiary Issues Trial attorneys are meeting with the judge prior to the trial. The attorneys on each side have opposing views of the use of graphics as demonstrative evidence. The court agrees to take the use of graphics under consideration. Watch this video case study at www.pearsonhighered. com/careersresources, and answer the following questions.

1. How important is the use of photographs and graphics in a trial? How can they enhance a trial presentation?

ANSWER: The use of photographs and graphics are important at trial. They serve to explain to the jury some concepts that words are not sufficient to explain. They assist in displaying a complex set of facts that may be difficult to decipher.

2. Are there any issues that should be reviewed regarding the use of videotaped depositions?

211

ANSWER: There may be objections on the record of the videotaped deposition that should not be heard by the jury. The tape should be edited or stopped and forwarded to where those objections must be ruled on. The video should then be appropriately edited before viewing at trial.

3. Is the final pretrial conference an appropriate time to determine the judge’s willingness to allow multimedia presentations?

ANSWER: Those questions should have been resolved much earlier in the process. At the final pretrial conference, all the judge will want to discuss and resolve are evidentiary issues related to trial.

CHAPTER OPENING SCENARIO CASE STUDY Use the Opening Scenario for this chapter to answer the following questions.

1. Prepare a memo for the attorneys of the firm on the issues involved in using outside sources for the preparation of trial graphics. Explain alternatives for creating trial graphics in-house.

Explain the advantages of creating the graphics in-house, particularly cost considerations.

ANSWER: More attorneys are using graphics in presentations as graphics software has become more affordable and easier to use. Now, however, with the availability of computer projectors, the size of images is limited only by the size of the screen or wall. Available software, such as SmartDraw, now make it easier to build presentations in-house. This software performs many of the functions that once required a graphic artist or consultant.

2. How can graphics be used in the trial? List three different types of litigation in which graphics may be useful, such as construction litigation, an auto accident, or products liability. Write a memo to your firm explaining how graphics can be used in each type of case. Identify specific applications that can be used in each situation.

ANSWER: Properly prepared graphics are an excellent way to tell a story or make a point to the jury. A picture is worth a thousand words and is remembered longer than the spoken word. Selection of the right graphic or photo will assist the jury in understanding a complex accident involving multiple vehicles and parties or the severity of injuries that have been suffered. Visio can be used for cases where engineering and architectural design elements are at issue. SmartDraw provides image templates to create accident reconstruction diagrams.

3. What cautions should the trial attorney consider in using graphics at trial? How can graphics actually hurt a trial attorney’s trial performance?

212

ANSWER: The goal of the presentation graphic should be to highlight the points of the attorney’s argument and key facts. Too much text can make a presentation boring and obscure important points.

Unnecessary sounds or images can distract the audience. Pointers for a successful presentation include: 1. viewability – use background and text color combinations that can be easily read by everyone in the room. Be aware of those who are colorblind and the effect of some colors like soothing pastels.

2. density – slides should support ideas in as few words as possible; no one wants to read a full page of text.

3. sounds – can be effective when used appropriately but don’t over do it.

4. stand aside – even the best presentation can be lost if the presenter is standing in front, blocking the viewers’ ability to see.

5. imagery –choose the picture, graphic and text wisely – what will make a lasting impression on the jury.

4. What pretrial measures should be taken if trial graphics are going to be used? How should a trial team plan ahead when considering the use of trial graphics?

ANSWER: The team must have discussions with the judge about trial graphics before the pre-trial conference. By then, the judge will not be interested in discussing those issues, and there is a risk that a presentation that has been prepared for the trial will be disallowed.

Continuing Cases and Exercises For the assigned Case Study A from Appendix III: 1. From the technology resources website www.pearsonhighered.com/goldman, download and install on your computer the demo version of SmartDraw.

2. If you do not have PowerPoint or Visio on your computer, download a demo version from theMicrosoft Office link at www.pearsonhighered.com/goldman or directly from the Microsoft website.

3. Prepare a diagram of the case study accident scene using SmartDraw and showing the vehicles: a. Before the impact. b. After the collisions and all of the vehicles had come to rest.

213

4. Prepare a settlement brochure using SmartDraw.

5. Prepare a PowerPoint presentation for use in trial using the exhibits in the comprehensive accident case study in Appendix II and the graphics prepared using SmartDraw and TimeMap. ANSWER: Responses will vary, but should demonstrate a basic understanding of the features available within this software and their appropriate use in trial presentations.

214

Technology in the Law Office|CHAPTER 17 CHAPTER OBJECTIVE Describe the use of trial presentation programs and create an electronic trial presentation.

CHAPTER LEARNING OBJECTIVES 1. Explain how presentation software is used in litigation 2. Create a case presentation.

Warm Up Questions

1. Brainstorm with your students about the different types of exhibits that could be used at trial by a plaintiff in a personal injury case.

2. Your students will likely identify medical records, a police report, a spreadsheet of lost earnings, an accident reconstruction and/or a day in the life video.

3. Put these items up on the board and discuss with your students the different types of software programs needed to open these documents and videos in electronic format at trial.

4. Explain to your students that with a trial presentation software program all of the exhibits can be collected into one place and opened using just the one program.

Warm Up Wrap Up

With all of the powerful technology and software now available to legal professionals, students may be led to believe that every case should use every electronic tool at their disposal. However, skillful use of 215

technology means understanding when it is appropriate to use certain tools, and when it is not. While students should be aware of the entire arsenal of technology available, they should also keep in mind that sometimes the simplest presentation is the most powerful.

Learning Explain how Presentation Software is used in Litigation.

Objective 1 L.O. # 1 MAIN POINTS

➢ A. The primary goal of every trial attorney is to make the best possible presentation of the case and obtain a favorable verdict.

➢ B. Effective presentation frequently requires the use of photographs, videos, computer simulations, and other multimedia elements that will appeal to a jury of citizens who have been raised in the television era.

➢ C. Trial presentation programs allow different types of media-including still photographs, text documents, video and sound clips and computer simulations--to be organized and displayed using a single program.

➢ D. These presentation programs, such as LexisNexis Sanction and TrialDirector by inData, are multifaceted.

➢ E. As exhibit management tools, they provide a single point of access for exhibits of different types, much like Microsoft Explorer allows access to different items on a computer or network.

➢ F. The same type of spreadsheet can also be set up with columns that identify and track expenses, individual client

216

medical expenses, or any other set of data for which keeping track of the items and amounts is important.

➢ G. These programs allow existing files to be presented with no more effort than copying them into the program data file and making a selection for presentation

➢ H. Selected files can then be previewed on the attorneys’ personal computer monitors before projecting the items onto the court’s presentation system.

➢ I. Documents can then be annotated using highlighting, arrows, or underlining.

➢ J. The advantages of these advanced presentation programs is their ability to work with a variety of file types, including video, which is an increasingly popular tool in the courtroom.

Learning Objective 2

Create a Case Presentation.

L.O. # 2 MAIN POINTS

➢ A. Setting up a basic presentation requires an understanding of a few basic Windows tools, such as creating new folders, copying and pasting files, and “dragging and dropping” files and folders from one location to another.

➢ B. The first step in creating a presentation is to create a new case and set up the location for saving the files and folders for the case

217

➢ C. Importing the individual files to a Sanction case does not actually move them; it only creates a link to the location for the program to use when you want to view those items.

➢ D. A presentation may contain any of the various files loaded into Sanction. Items that are needed for a particular presentation can be set up in advance as an individual collection of presentation items.

➢ E. Depending on the case, a number of different presentations may be created—for example, a presentation may be created for a specific witness, a particular legal theory, or the opening and closing statements.

➢ F. The cost and time associated with manual document coding is significantly reduced with the use of document coding software.

END OF CHAPTER ASSIGNMENTS- SUGGESTED ANSWERS Review Questions and Answers 1. Who determines what equipment or systems may be used in a particular courtroom? How can any conflicts with this person be avoided prior to trial?

ANSWER: The systems that may be used will depend on what facilities already exist in the courtroom. It will also ultimately depend on what is allowed by the judge. The trial team must confer with the judge well in advance of trial to clarify what will be allowed.

218

2. What are some factors to be considered in bringing a technology expert into a trial to help with the presentation? How can this expert help the trial attorney work more efficiently and effectively?

ANSWER: In some cases, it may be appropriate to bring in a trial support consultant to manage the system and free up the litigation support staff for other trial functions.

3. What is required in order to use existing images and documents with a trial presentation program? Why is it useful to have an integrated trial presentation program?

ANSWER: The images must be in a format supported by the presentation program. Presentation programs like Sanction and TrialDirector allow the legal team to assemble all of the electronically stored evidence in one program. With everything stored electronically, it is not difficult to find and show almost anything at a moment’s notice when testimony or strategy changes. Another advantage of these programs is their flexibility. They can be used to prepare and deliver the graphic presentation electronically using a computer, with or without a projector, and to print out paper copies for distribution.

4. What is the advantage of using video as part of a trial presentation? What features of a trial presentation program can enhance a video deposition and aid the jury’s understanding of the testimony?

ANSWER: A videotaped deposition of a witness may be presented with a written transcript displayed simultaneously in a split screen. The transcript may be highlighted to focus on specific questions and answers, or it may be annotated. For example, the transcript may be used to point out what the witness said in previous testimony.

5. How can a trial presentation program help an attorney manage objections to evidence being presented?

ANSWER: Because all of the information is stored electronically, certain files that have been objected to can be removed from the presentation.

6. What is the advantage of having a trial consultant handle the trial presentation program?

ANSWER: In some cases, it may be appropriate to bring in a trial support consultant to manage the system and free up the litigation support staff for other trial functions.

7. Why is copy and paste preferred over drag and drop in Windows Explorer?

219

ANSWER: The copy and paste function retains a copy of the item in its original location so it isn’t lost.

8. What happens to files that are dragged and dropped into the Sanction program? How does this feature help to safeguard data?

ANSWER: Dragging the individual files to a Sanction case does not actually move them, but only creates a link to the location for the program to use when you want to find those items. The data is retained in its original location.

9. Why is it important to have backups of trial materials? Why do some trial lawyers carry backup equipment to trial?

ANSWER: Unexpected circumstances could cause data to be lost or damaged. It is unlikely that the trial will be halted for the attorney in those cases.

10. How are individual presentation sets created in Sanction? How is this feature useful to a trial attorney?

ANSWER: In Sanction, presentations are created in separate file. This allows the attorney to create a separate file for each aspect of a case.

11. How can annotation tools be used in Sanction? Give three examples of annotations that may be made to three different kinds of evidence.

ANSWER: An attorney may create a callout that points to a particular detail in a photo or diagram. A caption may also be added to a photo or other image. The attorney may also include comments about a particular image.

Building Your Professional Skills 1. Search the Internet for your local court’s website on trial technology. What information is provided on the website? What suggestions would you make to improve the website?

ANSWER: Responses will depend on what is available in a particular jurisdiction.

220

2. Locate any website for local judges’ rules on technology in their courtrooms. What technology is permitted? What advice would you give to an attorney preparing to try a case in one of those courtrooms?

ANSWER: Responses will vary depending on the jurisdiction.

3. Conduct a search of the Internet for multimedia trial consultants. Create a table to compare the services provided by each.

ANSWER: Responses will vary depending on the choices made by the student. Categories to be compared within the table may include videotaped depositions, synchronization, “day-in-the-life” presentations, medical illustrations, and interactive tablet displays.

VIDEO CASE STUDIES Expert Witness Deposition CHAPTER OPENING SCENARIO CASE STUDY Use the Opening Scenario for this chapter to answer the following questions.

1. Prepare an outline of the potential multimedia elements that might be used in trial. Provide a list of options for presenting each piece of evidence.

ANSWER: Responses will vary depending on the creativity of individual students, but should reflect an understanding of how video, photos, and computer simulations are used to present specific types of evidence.

2. Prepare a memo explaining how a trial presentation program might be used to present the case. Give a recommendation to the trial team as to whether they should adopt a particular system.

ANSWER: Responses will vary depending on the choices made by students, but should provide an overview of the advantages of the chosen system. For example, the memo should explain how the system is used to manage and organize exhibits, and the effort required to select files and insert them into a presentation.

3. What are the items that will be needed in order to use a presentation program? What training resources are available?

221

ANSWER: The program will need the necessary display equipment, such as monitors and projectors, as well as laptops for running the system. Most software vendors provide tutorials online. In some cases, it may be necessary to hire a consultant.

4. Answer this question raised by one of the attorneys: “Can we present the case without a presentation program?” Explain how using separate applications or software for different types of files creates additional complications for the trial team.

ANSWER: Using multiple applications and formats leads to unnecessary complication and compatibility issues. It is important that the entire presentation be executed seamlessly. There are too many unknowns during a trial that may require a sudden change in strategy. If there is only one application controlling the entire presentation, it is easier to quickly adapt to change.

5. How can using a program like Sanction help manage information during a trial? How can it be used to adapt to changes in evidence or legal theories in the middle of a trial?

ANSWER: Items are easily dragged and dropped into different parts of the case. They can be easily rearranged if there is a change in strategy or evidence.

Continuing Cases and Exercises 1. For the assigned case study from Appendix II: a. From the website www.pearsonhighered.com/goldman, download and install on your computer the demo version of Sanction. b. Download the Sanction Demo Files to a removable memory device. c. Use Sanction to set up a new case. d. Prepare a presentation for the case study in Appendix I. ANSWER: Responses will vary depending on the choices and creativity of the individual student.

BUILDING YOUR PROFESSIONAL PORTFOLIO Prepare a policy on access to the information in the trial presentation program. Cite any local case law or ethics opinions on confidentiality, privilege, and work product.

ANSWER:

222

The responses will vary depending on the jurisdiction, but should provide information on the security options available within the software, and the need to utilize those options to restrict access.

Forms 1. Obtain any forms necessary to preauthorize or bring audiovisual equipment into the courthouse.

2. Prepare a template for a trial equipment checklist.

Procedures Prepare a step-by-step procedure for bringing trial presentation equipment into your jurisdiction’s federal and state courts.

ANSWER: Responses to “Forms” and “Procedures” will vary depending on the jurisdiction, but should detail the security protocol for each court, as well as information on the staff available for assistance.

Contacts and Resources 1. Prepare a contact list with email addresses, phone numbers, physical addresses, and mailing addresses of the technology contacts in the federal and state courts in your jurisdiction.

2. Prepare a contact list with email address, phone number, physical address, and mailing address of each individual judge’s contact person who can advise on the judge’s rules and procedures for that court.

3. Prepare a contact list with email addresses, phone numbers, physical addresses, and mailing addresses of the local trial presentation consultants in your area.

4. Prepare a contact list with email addresses, phone numbers, physical addresses, and mailing addresses of the local companies that rent or repair audiovisual equipment or computers.

ANSWER: Responses will vary depending on the resources available in a particular jurisdiction.

223

Testbank

224

CHAPTER 1 Technology in the Law Office Chapter 1 Multiple Choice 1. Technology has changed the way functions are performed in the law office. Which function has been the least affected by technology? a. interviewing clients and witnesses b. researching caselaw c. maintaining client billing records d. maintaining client information Answer: a Objective: Explain the use of technology in the law office Page Numbers: pp. 3-6 Level: Intermediate 2. Computers are being used with higher frequency to share information in digital format between: a. judges and jurors. b. attorneys and jurors. c. plaintiff and defense attorneys. d. remote offices, courthouses, government agencies, and clients.

Answer: d Objective: Identify technologies that can help the legal team collaborate and work more efficiently.

Page Numbers: pp. 13-18 Level: Basic 3. Why must the legal team and the technology support team learn each other’s language? a. so that the client can run their own technology in the courtroom. b. because each team must speak in court to persuade the jury. c. for each team to communicate its needs and solutions to the other. d. to enable each team to bill the client.

Answer: c Objective: Describe the need to understand the language of technology.

Page Numbers: pp. 12-13 Level: Intermediate 4. What is the trend in computers and computer devices: a. to return to the mainframe computer model. b. toward light weight, portability, and extended battery life. c. to move away from web-based programs. d. toward larger systems with smaller networks.

225

Answer: b Objective: Identify technologies that can help the legal team collaborate and work more efficiently.

Page Numbers: pp. 13-18 Level: Basic 5. The concept that in the legal field, any information with regard to a client, learned from whatever sources, is to be kept in confidence by the legal team. a. VoIP b. Confidentiality c. Online Collaboration d. Remote Access Answer: b Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law.

Page Numbers: pp. 6-8 Level: Basic 6. This term has become a buzzword for shipping work out of the office or out of the country to save money. a. Voice recognition software b. Smoking Gun c. Outsourcing d. Remote Access Answer: c Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law.

Page Numbers: pp. 6-8 Level: Basic 7. This term describes the paper copy of a document a. VoIP b. Hot Spot c. Hard Copy d. Attachment Answer: c Objective: Identify technologies that can help the legal team collaborate and work more efficiently.

Page Numbers: pp. 13-18 Level: Basic 8. How will videoconferencing change the way that law is practiced in the future? a. Video conferencing will make it possible to conduct much of the business of a law from remote locations.

226

b. Certain types of proceedings may be conducted using video conferencing, thus eliminating the need for parties and attorneys to travel to court c. Both of the above d. Neither of the above Answer: c Objective: Identify technologies that can help the legal team collaborate and work more efficiently.

Page Numbers: pp. 13-18 Level: Intermediate 9. Information technologists are members of the legal team who combine the following two qualities. a. verbal skills and legal skills b. arbitration skills and legal skills c. technology skills and arbitration skills d. legal skills and technology skills Answer: d Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Intermediate 10. The following is a computer substitute for the use of traditional telephone connections. a. VoIP b. Hot Spot c. Hard Copy d. Attachment Answer: a Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Intermediate 11. Why is the quantity of documents increasing in litigation? a. Corporations are acquiring more storage space for paper documents. b. Employees are keeping more hard copies of documents in binders in the office. c. Electronically stored information has reduced retention costs. d. Companies now have paper quotas per employee.

Answer: c Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Intermediate 12. The following allows the legal team to dictate working legal drafts into almost any program 227

a. Voice recognition software b. VoIP c. Hotspot d. Attachment Answer: a Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Basic 13. Which of the following tasks is generally not performed using the Internet. a. Conducting both factual and legal research. b. Obtaining government information c. Sharing digital files d. None of the above Answer: d Objective: Explain the use of technology in the law office Page Numbers: pp. 3-6 Level: Intermediate 14. The following is an off-site computer used to store records that may be accessed over secure Internet connections. a. Attachments b. VoIP c. Electronic Repository d. None of the above Answer: c Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Intermediate 15. Larger law offices, corporate legal departments, and government offices usually have a technical support staff called the following: a. Commercial Litigation Department b. Information Technology Department c. Electronic Repository d. Administrative Support Professionals Answer: b Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Intermediate

228

16. The legal team and the technology support team must do the following in order for one team to communicate its needs and solutions to the other. a. Use the Same Administrative Support Professionals b. Learn Each Other’s Language c. Work remotely from different locations d. None of the above Answer: b Objective: Describe the need to understand the language of technology Page Numbers: pp. 12-13 Level: Intermediate 17. The advances in portable computers and wireless technologies have increased the demand placed on IT departments a. to support the legal team outside the office. b. to learn the Federal Rules of Civil Procedure c. to work on the mainframe d. to obtain additional servers Answer: a Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Difficult 18. Technology has had a significant impact not only on the ability to retain documents, but also on the following: a. increased demand for off-site storage space for paper documents b. the ability to find and access documents c. the decreased retention of documents d. the decreased demand for IT professionals Answer: b Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Intermediate 19. The field of law has developed its own lexicon of terms that enables those in the legal community: a. to work from hotspots. b. to service their own computer systems. c. to communicate effectively and with precision. d. to speak with the in-house IT department.

Answer: c Objective: Describe the need to understand the language of technology Page Numbers: pp. 12-13 Level: Intermediate 229

20. A chief information officer or chief technology officer at a corporate firm must anticipate change and a. find ways to avoid implementing it. b. supervise paralegals. c. find the smoking gun. d. plan for it in concrete and innovative ways.

Answer: d Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Basic Chapter 1 True-False 1. Technology has had a significant impact not only on the ability to retain documents, but also on the ability to find and access those documents. a. True b. False Answer: True Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Intermediate 2. The advances in portable computers and wireless technologies have decreased the demand placed on IT departments to support the legal team outside the office. a. True b. False Answer: False Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Difficult 3. Remote collaboration involves members of the legal team and clients at one location working together. a. True b. False Answer: False Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Intermediate

230

4. The Federal Rules of Civil Procedure have not been amended to address electronic documents. a. True b. False Answer: False Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Basic 5. Lawyers, paralegals, other members of the legal team, and the members of the technology support team must learn each other’s language because understanding such differences in terminology is essential to working together effectively and meeting the needs of clients. a. True b. False Answer: True Objective: Describe the need to understand the language of technology Page Numbers: pp. 12-13 Level: Intermediate 6. The quantity of documents is decreasing in litigation. a. True b. False Answer: False Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Intermediate 7. VoIP allows spoken words to be converted directly into text. a. True b. False Answer: False Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Intermediate 8. Everyone on the legal team must have a working familiarity with computers and the types of computer programs used in the law office. a. True b. False Answer: True Objective: Explain the use of technology in the law office 231

Page Numbers: pp. 3-6 Level: Basic 9. Members of the legal team may also use the Internet to work together using online collaboration software. a. True b. False Answer: True Objective: Explain the use of technology in the law office Page Numbers: pp. 3-6 Level: Basic 10. Litigation support professionals are generally not required to track and bill time. a. True b. False Answer: False Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Intermediate 11. A chief information officer or chief technology officer at a corporate firm must anticipate change and plan for it in concrete and innovative ways. a. True b. False Answer: True Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Basic 12. To the technology specialist, protocol is defined as a summary of a document or a treaty; or, a treaty amending another treaty, or the rules of diplomatic etiquette. a. True b. False Answer: False Objective: Describe the need to understand the language of technology Page Numbers: pp. 12-13 Level: Difficult 13. Contemporary smoking gun documents may include emails, text messages or similar electronic communications that are generated and stored in an organization or client’s data server. a. True b. False 232

Answer: True Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Basic 14. The field of law has developed its own lexicon of terms that enables those in the legal community to communicate effectively and with precision. a. True b. False Answer: True Objective: Describe the need to understand the language of technology Page Numbers: pp. 12-13 Level: Basic 15. The trend in computers has been toward heavier and less portable devices. a. True b. False Answer: True Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Difficult Chapter 1 Fill in the Blank 1. Many law firms and their clients currently use _____________ on a regular basis as a method of “face-to-face” communication when parties are at remote sites.

Answer: videoconferencing Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Basic 2. The recent amendments to the ________ have had a major impact on thinking about technology in the practice of law.

Answer: Federal Rules of Civil Procedure Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Intermediate 3. ________ software, like Dragon Naturally Speaking, allows the legal team to dictate working legal drafts into almost any program 233

Answer: voice recognition software Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Basic 4. To obtain the best service from the consultant, the legal team must speak the same ___________ as the consultant when defining the scope of service and the desired results.

Answer: language Objective: Describe the need to understand the language of technology Page Numbers: pp. 12-13 Level: Basic 5. _____________ is rapidly replacing paper format note taking.

Answer: Electronic note taking.

Objective: Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 13-18 Level: Basic 6. A member of the legal team who has legal and technology skills and primarily supports electronic discovery activities is called ____________________ Answer: information technologist Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Basic 7. ______________ is an off-site computer used to store records that may be accessed over secure Internet connections.

Answer: Electronic repository Objective: Explain the use of technology in the law office Page Numbers: pp. 3-6 Level: Basic 8. _____________ has become a buzzword for shipping work out of the office or out of the country to save money.

Answer: Outsourcing Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Intermediate 9. In a large firm, the _____________ handles questions and issues concerning the use and implementation of technology in general, and computers and software in particular.

Answer: IT staff 234

Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Difficult 10. The new ________________ organize and formalize what had once been a patchwork of court rules and case law on electronic discovery.

Answer: Federal Rules of Civil Procedure Objective: Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law Page Numbers: pp. 6-8 Level: Intermediate 11. Increasingly, the legal team must work with ____________ in order to use computers and electronic data effectively.

Answer: technology professionals Objective: Explain the use of technology in the law office Page Numbers: pp. 3-6 Level: Intermediate 12: The ____________ and the technology support team must learn each other’s language in order for one team to communicate its needs and solutions to each other.

Answer: legal team Objective: Describe the need to understand the language of technology Page Numbers: pp. 12-13 Level: Basic Chapter 1 Matching

1. outsourcing 2. remote access 3. digital format 4. hard copy

5. online collaboration

6. VoIP

a. an electronic format that allows information to be transmitted electronically b. the paper copy of a document c. the use of persons or services outside the office staff. d. allows members of the legal team working on cases out of the office to connect with the office file server or other Intent data repository e. In the legal field, any information with regard to a client, learned from whatever sources, that is to be kept in confidence by the legal team. f. A document hidden among old files that could conclusively impeach or destroy the 235

7. wireless computer networks 8.voice recognition software 9. smoking gun 10. confidentiality 11. hotspot 12. teleworkers

credibility of a witness or be evidence that conclusively determines an issue g. People who work from remote locations, typically from home. h. Using the Internet to conduct meetings and share documents. i. A wireless access point, usually in a public area j. An Internet replacement for traditional telephone connections. k. use radio signals to transmit information to wireless access points. l. allows spoken words to be converted directly into text

1. c 2. d 3. a 4. b 5. h 6. j 7. k.

8. l 9. f 10. e 11. i 12. g Objective: n/a Page Numbers: n/a Level: Basic Chapter 1 Essay 1. What can the members of a legal team do to make their relationship with IT staff more productive?

Answer: It is important for the legal team to speak the same language as the IT staff. The attorneys and paralegals should be able to understand the same technical terminology so that they can express to IT what is needed, and understand any proposed solutions. It is not necessary for the legal team to be experts, but they need to know enough to know what they don't know, and when to seek assistance from IT. Objective: Explain the role of the technology support staff & describe the need to understand the language of technology Page Numbers: pp. 8-13 236

Level: Difficult 2. What are some of the growing trends in law office technology? Describe three ways in which law office technology is expected to change in the future and how these changes will affect the practice of law.

Answer: Computers and similar devices are expected to become smaller and more portable.

This will allow more work to be performed at remote locations, away from the office.

Videoconferencing is expected to become more advanced, allowing more meetings to be conducted among different people in separate locations. Court rules are allowing depositions and status conferences to be conducted by people in different locations. Voice recognition software is becoming faster and more accurate. This technology allows voice to be automatically transcribed, saving time and costs.

Objective: Explain the use of technology in the law office & Identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 3-6; 13-18 Level: Intermediate 3. What is the role of the technical support staff in the law office?

Answer: Technical support staff members are responsible for ensuring the proper installation and functioning of computer equipment and software. They must also communicate with the legal team to assist in performing specific technological tasks in relation to trial preparation and litigation.

Objective: Explain the role of the technology support staff Page Numbers: pp. 8-12 Level: Basic 4. How does the legal team use the Internet to assist in the practice of law?

Answer: The Internet is increasingly used to conduct both factual and legal research. Most government information can be obtained through the Internet, including civil and criminal docket sheets, corporate filings, as well as information published by federal administrative agencies and state and local governments. Digital files are shared using the Internet, as well as CDs, DVDs, and attachments to emails. Law firms are also using the Internet to create websites, market their services and to provide summaries and commentary on recent legal rulings.

Finally, the Internet is used to file documents electronically with the court and to receive notifications of upcoming trial, arbitration and hearing dates.

Objective: Explain the use of technology in the law office Page Numbers: pp. 3-6 Level: Intermediate 5. Identify three ways that technology has changed the way traditional procedures are performed in the practice of law: 237

Answer: Computer devices are being used with greater frequency to communicate and share information in digital format between remote offices, courthouses, government agencies, and clients. The legal team is increasingly using the Internet for more than just pure legal research.

The increase in the use of electronic filing and documents in litigation, and federal and state rules and case law on electronic discovery, are increasing the demand for skills and knowledge in the use of technology in civil litigation. The trend is toward eliminating paper in the law office through the use of computer technology and software. Members of the legal team frequently work from locations other than the firm’s main office, such as a home office, satellite office, or another firm.

Objective: Explain the use of technology in the law office; Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law.

Page Numbers: pp. 3-8 Level: Intermediate Chapter 1 Critical Thinking 1.

What are some of the disadvantages associated with the increased use of technology in the law office?

Answer: Less face to face conversation, longer work hours, legal staff is expected to work from home in the evenings and weekends, clients are expecting answers to questions more quickly.

Objective: Explain the use of technology in the law office, explain the role of the technology support staff, identify technologies that can help the legal team collaborate and work more efficiently Page Numbers: pp. 3-6 Level: Difficult 2. What are some ways that technology can be used to increase efficiency and productivity in the law office?

Many law firms and their clients currently use videoconferencing on a regular basis as a method of “face-to-face” communication when parties are at remote sites, such as depositions, hearings or conferences. With voice recognition software, it is now possible to dictate working drafts of legal documents directly into almost any other program, including word processors, spreadsheets, and databases, without touching a computer keyboard. Remote access allows members of the legal team working on cases out of the office to connect with the office file server or other Intent data repository to retrieve documents, work on them, and send them to other members of the legal team or clients anywhere in the world. Remote collaboration involves members of the legal team and clients at multiple locations working together as if they were in the same physical location. Cloud computing has emerged in which all files are maintained on a centralized or cloud server, like Microsoft OneDrive or DropBox. Objectives: Explain the use of technology in the law office, Discuss the impact of the Federal Rules of Civil Procedure on electronic documents and the use of technology in the law, Identify technologies that can help the legal team collaborate and work more efficiently 238

Page Numbers: pp. 3-8; 13-18 Level: Difficult

CHAPTER 2 Ethics and Professional Responsibility in a Technology Age Chapter 2 Multiple Choice 1. Which of the following prevents the disclosure of confidential information as evidence: a. conflict of interest b. claim of privilege c. duty of candor d. duty of fairness 239

Answer: b Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Intermediate 2. The term that refers to a person authorized to act on behalf of another is: a. principal b. juror c. agent d. bespoke Answer: c Objective: Describe the ethical obligation of appropriate hiring, delegating, and supervising owed by managing and supervising attorneys Page Numbers: pp. 47-48 Level: Basic 3. Ethics are the minimally accepted standards of conduct in a profession. For lawyers, ethics are determined by state law, which is primarily based on the following: a. The Model Rules of Professional Conduct b. The Federal Rules of Evidence c. The Federal Rules of Judicial Conduct d. The Federal Rules of Civil Procedure Answer: a Objective: Define legal ethics in terms of duties owed to the client and the legal system Page Numbers: pp. 26-27 Level: Intermediate 4. Confidentiality, the ethical obligation to keep client information confidential, is founded on the belief that: a. attorneys can give the client 100% assurance of a not guilty or not liable verdict. b. clients should be able to tell their attorneys everything about their case, so proper legal advice can be given. c. clients have the right to remain silent. d. clients often forget to tell their attorney all about their case.

Answer: b Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Intermediate 5. The concept that in the legal field, any information with regard to a client, learned from whatever sources, is to be kept in confidence by the legal team. a. VoIP b. Confidentiality 240

c. Online Collaboration d. Remote Access Answer: b Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Basic 6. Ethics are: a. laws that all must follow b. an individual's sense of right and wrong. c. minimally accepted standards of conduct within a profession. d. all of the above Answer: c Objective: Define legal ethics in terms of duties owed to the client and the legal system Page Numbers: pp. 26-27 Level: Intermediate 7. Who must follow the rules of ethical behavior in the legal profession: a. lawyers only b. information technologists only c. paralegals only d. every member of the legal team Answer: d Objective: Define legal ethics in terms of duties owed to the client and the legal system Page Numbers: pp. 26-27 Level: Basic 8. The person responsible for ensuring compliance with ethical rules is: a. the fiduciary. b. the agent c. the supervising attorney d. the technology staff Answer: c Objective: Describe the ethical obligation of appropriate hiring, delegating, and supervising owed by managing and supervising attorneys Page Numbers: pp. 47-48 Level: Intermediate 9. Which of the following is true? a. Confidentiality is an ethical obligation; privilege is a rule of evidence. b. Confidentiality is a rule of evidence; privilege is a rule of evidence. c. Confidentiality is an ethical obligation; privilege is an ethical obligation. d. Confidentiality is a rule of evidence; privilege is an ethical obligation.

Answer: a 241

Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Intermediate 10. The self-defense exception: a. allows the attorney to waive the attorney-client privilege. b. allows the client to waive the attorney-client privilege. c. does not apply to the attorney-client privilege. d. none of the above Answer: a Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Intermediate 11. Documents prepared in the normal operation of the client's business that are given to the legal team: a. are not protected by the work product doctrine. b. are not protected by client confidentiality. c. are protected based on work product doctrine. d. are protected based on client confidentiality.

Answer: a Objective: Explain the function of the work product doctrine Page Numbers: pp. 34-35 Level: Difficult 12. Documents prepared for internal investigations and audits: a. are protected based on client confidentiality. b. are not protected by client confidentiality. c. are not protected by the work product doctrine. d. are protected based on the work product doctrine.

Answer: c Objective: Explain the function of the work product doctrine Page Numbers: pp. 34-35 Level: Basic 13. The ethical duty of competence requires: a. loyalty to the client b. advocating a legal position to the court. c. preventing the disclosure of confidential communications. d. the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation Answer: d Objective: Discuss the ethical obligation of competency in a digital age Page Numbers: pp. 39-40 242

Level: Intermediate 14.

The ethical obligation to not mislead the court or opposing counsel with false statements of law or facts is: a. competence b. confidentiality c. conflict of interest d. candor.

Answer: d Objective: Explain the rationale for the obligations of candor and fairness in litigation Page Numbers: pp. 40-47 Level: Basic 15. Which of the following is NOT one of the recognized privileges under the rules? a. police officer-accused b. participants in settlement negotiations c. priest-penitent d. attorney-client Answer: a Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Difficult 16. Ethics are enforced by: a. the highest court of the jurisdiction in which the attorney practices. b. the police of the jurisdiction in which the attorney practices c. the state bar association of the jurisdiction in which the attorney practices d. the governor of the jurisdiction in which the attorney practices.

Answer: a Objective: Define legal ethics in terms of duties owed to the client and the legal system Page Numbers: pp. 26-27 Level: Basic 17. Lawyers should use their best skills in presenting a case, but avoid destruction or tampering with evidence. Which ethical rule is this? a. fairness to opposing party/counsel b. conflict of interest c. duty to supervise d. competency Answer: a Objective: Explain the rationale for the obligations of candor and fairness in litigation Page Numbers: pp. 40-47 Level: Basic

243

18. In a completely virtual law practice, a. all communication is electronic through the Internet or by telephone b. the lawyer and client may never actually meet face-to-face c. the practitioner may never enter a traditional law office d. all of the above Answer: d Objective: Describe the ethical issues in a virtual law office Page Numbers: pp. 48-51 Level: Intermediate 19. Which of the following is not one of the three traditional views involving the inadvertent disclosure of documents: a. automatic waiver b. seldom waiver c. balancing test d. no waiver Answer: b Objective: Explain the potential consequences of an inadvertent disclosure of confidential information Page Numbers: pp. 35-37 Level: Intermediate 20. Ethical guidelines require lawyers to provide competent representation. In the technology age, lawyers need to be able to communicate with clients: a. about how electronic documents are created b. the sources of electronic documents c. the methods used to retrieve the documents d. all of the above Answer: d Objective: Discuss the ethical obligation of competency in a digital age Page Numbers: pp. 39-40 Level: Basic 21. ________ to the client is the essence of Rule 1.7, Conflict of Interest, of the ABA Model Rules of Professional Conduct. a. Attention b. Listening c. Devotion d. Loyalty Answer: d Objective: Discuss the reasons for conflict of interest rules Page Numbers: pp. 37-38 Level: Intermediate 244

22. Inadvertent disclosure of confidential information: a. is admissible in court. b. may be admissible in court depending on the rule adopted in the jurisdiction. c. is inadmissible if the attorney promptly tries to retrieve it. d. is not admissible in court.

Answer: b Objective: Explain the potential consequences of an inadvertent disclosure of confidential information Page Numbers: pp. 35-37 Level: Intermediate 23. The basis of the conflict of interest rule is the belief that a person cannot be _________ to two clients. a. Providing Payment b. Listening c. Delegating d. Loyal Answer: d Objective: Discuss the reasons for conflict of interest rules Page Numbers: pp. 37-38 Level: Intermediate 24. Another phrase used to describe a virtual law practice is: a. E-Lawyering b. Trusts and Estates c. Domestic Relations d. Civil Litigation Answer: a Objective: Describe the ethical issues in a virtual law office Page Numbers: pp. 48-51 Level: Intermediate Chapter 2 True-False 1. The use of the Internet and other forms of electronic communication do not change the rules regarding the unauthorized practice of law. a. True b. False Answer: True Objective: Describe the ethical issues in a virtual law office.

Page Numbers: pp. 48-51 Level: Intermediate

245

2. The supervising attorney will suffer any sanctions that result from a failure of the members of the legal team to follow and enforce the ethical rules. a. True b. False Answer: True Objective: Describe the ethical obligation of appropriate hiring, delegating, and supervising owed by managing and supervising attorneys Page Numbers: pp. 47-48 Level: Difficult 3. The ethical duty of fairness is violated if in a criminal case if a prosecutor does not turn over exculpatory evidence that might show a defendant is innocent. a. True b. False Answer: True Objective: Explain the rationale for the obligations of candor and fairness in litigation Page Numbers: pp. 40-47 Level: Intermediate 4. A lawyer can still represent a client when the attorney has a financial interest in the subject matter of the case. a. True b. False Answer: False Objective: Discuss the reasons for conflict of interest rules Page Numbers: pp. 37-38 Level: Intermediate 5. Lawyers, paralegals, other members of the legal team, and the members of the technology support team must learn each other’s language because understanding such differences in terminology is essential to working together effectively and meeting the needs of clients. a. True b. False Answer: True Objective: Discuss the ethical obligation of competency in a technology age.

Page Numbers: pp. 39-40 Level: Intermediate 6. The quantity of documents is decreasing in litigation. a. True b. False Answer: False Objective: Discuss the ethical obligation of competency in a technology age.

Page Numbers: pp. 39-40 246

Level: Intermediate 7. “Virtual law office” or “e-lawyering” are terms used to describe a law practice that exists online, as opposed to the traditional “storefront” law office. a. True b. False Answer: True Objective: Describe the ethical issues in a virtual law office.

Page Numbers: pp. 48-51 Level: Basic 8. In a completely virtual law practice, the lawyer and client may never actually meet face-to face; all communication is electronic through the Internet or by telephone. a. True b. False Answer: True Objective: Describe the ethical issues in a virtual law office.

Page Numbers: pp. 48-51 Level: Basic 9. The legal team must competently research and present the current statutory and case law, even when the most current version is not favorable to the position taken. a. True b. False Answer: True Objective: Explain the rationale for the obligations of candor and fairness in litigation.

Page Numbers: pp. 40-47 Level: Intermediate 10. The conflict of interest doctrine requires that an attorney not mislead the court or opposing counsel with false statements of law or facts that the lawyer knows to be false. a. True b. False Answer: False Objective: Discuss the reasons for conflict of interest rules.

Page Numbers: pp. 37-38 Level: Intermediate 11. Competent representation means providing the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation of a client. a. True b. False Answer: True Objective: Discuss the ethical issues of competency in a digital age.

247

Page Numbers: pp. 39-40 Level: Basic 12. The basis of the rule of confidentiality is the belief that a person cannot be loyal to two clients. a. True b. False Answer: False Objective: Explain the difference between the duty of confidentiality and the attorney-client privilege.

Page Numbers: pp. 28-33 Level: Intermediate 13. Automatic waiver is a doctrine that looks at several factors when faced with an inadvertent disclosure of documents, including: (1) the nature of the methods taken to protect the information; (2) the efforts made to correct the error; (3) the extent of the disclosure; and (4) fairness. a. True b. False Answer: False Objective: Explain the potential consequences of inadvertent disclosure of confidential information.

Page Numbers: pp. 35-37 Level: Difficult 14. The work product doctrine provides a limited protection for material prepared by the attorney, or those working for the attorney, in anticipation of litigation or for trial. a. True b. False Answer: True Objective: Explain the function of the work product doctrine.

Page Numbers: pp. 34-35 Level: Basic 15. Agents of lawyers are not covered by the attorney client privilege a. True b. False Answer: False Objective: Describe the ethical obligation of appropriate hiring, delegating, and supervising owed by managing and supervising attorneys Page Numbers: pp. 47-48 Level: Intermediate

248

16. Many nonlawyer members of the legal team may not be familiar with what ethical obligations they have and how the ethics rules are to be followed and enforced.

Answer: True Objective: Define legal ethics in terms of duties owed to the client and the legal system Page Numbers: pp. 26-27 Level: Intermediate 17. Under the fundamentals of agency law, the principal and the agent have a fiduciary relationship to each other.

Answer: True Objective: Define legal ethics in terms of duties owed to the client and the legal system Page Numbers: pp. 26-27 Level: Intermediate 18. Privilege is an ethical obligation. Confidentiality is a rule of evidence. a. True b. False Answer: False Objective: Explain the difference between the duty of confidentiality and the attorney-client privilege.

Page Numbers: pp. 28-33 Level: Intermediate 19. The work product doctrine does not cover documents prepared in the normal operation of the client’s business. a. True b. False Answer: True Objective: Explain the function of the work product doctrine.

Page Numbers: pp. 34-35 Level: Basic 20. The admissibility of inadvertently disclosed documents may hinge on the steps the firm takes before and after the disclosure. a. True b. False Answer: True Objective: Explain the potential consequences of inadvertent disclosure of confidential information.

Page Numbers: pp. 35-37 Level: Intermediate

Chapter 2 Fill in the Blank 249

1. Under the Model Rules of Professional Conduct, the _________________has the obligation to supervise all who work on the case for him or her, including their ethical conduct.

Answer: supervising attorney Objective: Discuss the ethical obligation of competency in a digital age.

Page Numbers: pp. 39-40 Level: Intermediate 2. While confidentiality is an ethical obligation________ is a rule of evidence.

Answer: Privilege Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Intermediate 3. The_________________ provides a limited protection for material prepared by the attorney, or those working for the attorney, in anticipation of litigation or for trial.

Answer: work product doctrine Objective: Explain the function of the work product doctrine Page Numbers: pp. 34-35 Level: Basic 4. The ____________________ is a doctrine that looks at several factors when faced with an inadvertent disclosure of documents, including: (1) the nature of the methods taken to protect the information; (2) the efforts made to correct the error; (3) the extent of the disclosure; and (4) fairness.

Answer: balancing test Objective: Explain the potential consequences of an inadvertent disclosure of confidential information Page Numbers: pp. 35-37 Level: Basic 5. All communication between the client and the lawyer for the purpose of obtaining legal advice is protected by the _________________.

Answer: attorney-client privilege Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Intermediate 6. The efficient administration of justice requires lawyers to engage _________ such as legal assistants, accountants, and other experts, to assist in the vigorous representation of the client.

Answer: agents

250

Objective: Describe the ethical obligation of appropriate hiring, delegating, and supervising owed by managing and supervising attorneys Page Numbers: pp. 47-48 Level: Intermediate 7. The ethical obligation to keep client information ______________ is founded on the belief that clients should be able to tell their attorneys everything about their case so that the attorneys can give proper legal advice to their client.

Answer: confidential Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Basic 8. The basis of the _______________ rule is the belief that a person cannot be loyal to two clients.

Answer: conflict of interest Objective: Discuss the reasons for conflict of interest rules Page Numbers: pp. 37-38 Level: Basic 9. _____________ requires that an attorney not mislead the court or opposing counsel with false statements of law or facts that the lawyer knows to be false.

Answer: Candor Objective: Explain the rationale for the obligations of candor and fairness in litigation Page Numbers: pp. 40-47 Level: Difficult 10. The ethical rule of ________ to opposing parties and counsel is an attempt to ensure that justice is done even if one’s client loses the case.

Answer: fairness Objective: Explain the rationale for the obligations of candor and fairness in litigation Page Numbers: pp. 40-47 Level: Intermediate 11. In a completely _______________, the lawyer and client may never actually meet face-to face; all communication is electronic through the Internet or by telephone.

Answer: virtual law practice Objective: Describe the ethical issues in a virtual law office Page Numbers: 48-51 Level: Basic 12. _____________ or “e-lawyering” are terms used to describe a law practice that exists online, as opposed to the traditional “storefront” law office.

Answer: virtual law office 251

Objective: Describe the ethical issues in a virtual law office Page Numbers: 48-51 Level: Basic 13. ________ codes or rules typically set forth the minimum in ethical behavior—the very least each professional should do.

Answer: Ethics Objective: Define legal ethics in terms of duties owed to the client and the legal system Page Numbers: pp. 26-27 Level: Basic

Chapter 2 Matching 1. work product doctrine

2. Balancing test 3. Competent representation 4. Self-Defense Exception

5. The duty of candor

6. Fairness

7. virtual law office

a. an obligation to not reveal information, which is based on a relationship of trust placed in one person by another. b. the attorney managing the members of the legal team c. Minimally acceptable standards of conduct in a profession d. provides a limited protection for material prepared by the attorney, or those working for the attorney, in anticipation of litigation or for trial. e. a doctrine that looks at several factors when faced with an inadvertent disclosure of documents, including: (1) the nature of the methods taken to protect the information; (2) the efforts made to correct the error; (3) the extent of the disclosure; and (4) fairness. f. This doctrine requires that an attorney not mislead the court or opposing counsel with false statements of law or facts that the lawyer knows to be false. g. Lawyers who are accused of wrongdoing by their clients are not bound by the rules of confidentiality and privilege because of an inherent right to due process.

252

8. Federal Rules of Evidence

h. This ethical rule of conduct is an attempt to ensure that justice is done even if one’s client loses the case.

9. ethics

i. A person authorized to act on behalf of another j. A law practice that exists online, as opposed to the traditional “storefront” law office.

10. confidentiality

11. agent

12. supervising attorney

k. Providing the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation of a client. l. The rules governing the admissibility of evidence in federal court.

1. d 2. e 3. k 4. g 5. f 6. h 7. j 8. l 9. c 10. a 11. i 12. b Objective: n/a Page Numbers: n/a Level: Basic Chapter 2 Essay 1. Explain whether paralegals are expected to comply with the rules of professional conduct?

Answer: The ethical obligations of the attorney are extended to the paralegal. As an agent of the attorney, the paralegal must act with the same ethical constraints as the attorney, including those obligations relating to confidentiality, competency, and candor and fairness. Additionally, the work product doctrine has been interpreted to extend the duty of confidentiality and privilege to those who assist the attorney in the representation of the client’s interests.

Objective: Define legal ethics in terms of duties owed to the client and the legal system; Describe the ethical obligation of appropriate hiring, delegating, and supervising owed by managing and supervising attorneys Page Numbers: pp. 26-27; 47-48 253

Level: Intermediate 2. Explain the potential consequences of an inadvertent disclosure of confidential information.

Answer: The treatment of inadvertently disclosed documents will depend on the individual jurisdiction. There are three judicial views on handling the inadvertent disclosure of confidential and privileged information: (1) automatic waiver; (2) no waiver; and (3) balancing test.

Automatic waiver holds that once the confidentiality is breached, the privilege is automatically waived. No waiver holds that the privileged is destroyed only when a client makes a knowing and voluntary waiver of the privilege. Balancing test looks at several factors, including: (1) the nature of the methods taken to protect the information; (2) the efforts made to correct the error; (3) the extent of the disclosure; and (4) fairness.

Objective: Explain the potential consequences of an inadvertent disclosure of confidential information Page Numbers: pp. 35-37 Level: Intermediate 3. Jim Cassidy was a new paralegal at a small litigation firm. He was unfamiliar with the computer system used to record important deadlines. Jim's supervising attorney, Jack Parsons, over an hour in detail about her case. However, the following week Jane called Jack and told him she had decided to hire a different attorney to handle the matter. Bob Schnagle called Jack to make an appointment to discuss the dispute and possible representation. Can Jack accept the case on behalf of Bob? Explain your reasoning based on the relevant ethical rules.

Answer: When Jane came to discuss the case with Jack, an implied attorney-client relationship was formed, even though she was only a prospective client. She divulged confidential information to Jack for the purpose of retaining him. Because Jack now possesses this confidential information, he cannot represent Bob because a conflict of interest would result.

Objective: Discuss the reasons for conflict of interest rules.

Page Numbers: pp. 37-38 Level: Intermediate 4. Would documents created by the client during the ordinary course of business and transmitted to the attorney be protected under a claim of privilege?

Answer: No. Documents created during the ordinary course of business are generally not protected by either the attorney client privilege or the work product doctrine. Word product refers to documents generated by the legal team in preparation for litigation . The attorney client privilege refers to communications made by the client to the attorney for the purpose of obtaining legal advice.

Objective: Explain the difference between the duty of confidentiality and attorney-client privilege; Explain the function of the work product doctrine Page Numbers: pp. 28-35 Level: Basic 254

Chapter 2 Critical Thinking

1. Describe some of the unique ethical challenges that arise from a virtual law office: Answer: Less face to face conversation, longer work hours, legal staff is expected to work from home in the evenings and weekends, clients are expecting answers to questions more quickly.

Objective: Objective: Describe the ethical issues in a virtual law office Page Numbers: Level: Difficult 2. Why is the attorney-client privilege extended to others working for the attorney?

Answer: The attorney-client privilege is extended to facilitate efficient and effective representation of the client. It would be difficult, if not impossible, for the attorney to perform every task in legal representation.

Objective: Explain the difference between the duty of confidentiality and attorney-client privilege Page Numbers: pp. 28-33 Level: Difficult

255

CHAPTER 3 Computers in the Law Office Chapter 3 Multiple Choice 1. Which of the following would not qualify as legal specialty software: a. case management software b. mobile operating software c. office management software d. trial presentation software Answer: b Objective: Explain the differences between general applications and specialty applications software Page Numbers: pp. 70-72 Level: Intermediate 2. This is the computer “chip” that interprets computer instructions and processes data: a. RAM b. HLA c. CPU d. none of the above Answer: c Objective: Discuss the different types of computer systems used in a law office Page Numbers: pp. 61-68 Level: Basic 3. This refers to the temporary computer memory that stores work in progress: a. RAM b. CPU c. HLA d. none of the above Answer: a Objective: Discuss the different types of computer systems used in a law office Page Numbers: pp. 61-68 Level: Intermediate 4. A copy of data created as a precaution against the loss of or damage to the original data: a. notepad b. network c. backup d. none of the above Answer: c 256

Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Basic 5. Every device that is connected to a network is referred to as a: a. host b. CPU c. motherboard d. WAN Answer: a Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Intermediate 6. ________ software provides the basic instructions for starting up the computer and processing the basic input and output activity. a. Operating system b. Computer system c. Mainframe system d. none of the above Answer: a Objective: Describe the different computer operating systems.

Page Numbers: pp. 69-70 Level: Intermediate 7. The battery backup systems that are used for computers to guard against loss of files when there is a short-term power loss or a long-term outage are known as: a. United Parcel Services (UPS) b. Uninterrupted Processing Supply (UPS) c. Unconnected Power Supply (UPS) d. Uninterruptible Power Supply (UPS) Answer: c Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Difficult 8. Software that provides the basic instructions for starting up the computer and processing the basic input and output is called: a. RAM b. operating system c. motherboard d. CPU Answer: b Objective: Describe the different computer operating systems.

257

Page Numbers: pp. 69-70 Level: Intermediate 9. This is the largest item in the computer: a. CD-ROM b. motherboard c. operating system d. RAM Answer: b Objective: Discuss the different types of computer systems used in a law office Page Numbers: pp. 61-68 Level: Basic 10. A ________ is a laptop that allows input from a pen device instead of a mouse or keyboard. a. notepad b. sidekick c. notebook d. none of the above Answer: c Objective: Describe the different computer operating systems.

Page Numbers: pp. 69-70 Level: Intermediate 11. Programs that perform functions in the background related to the operation of the computer are: a. hidden software b. utility software c. application software d. backdrop software Answer: a Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Difficult 12. The type of software used generically by most users for basic functions such as word processing, preparing presentations, or electronic spreadsheets is: a. office software suites b. application software c. speciality application programs d. utility software Answer: a Objective: Explain the differences between general applications and specialty applications software Page Numbers: pp. 70-72 258

Level: Intermediate 13. ________ is a matter of buying software written for the type of computer used. a. Ingenuity b. Compatibility c. Reliability d. Adaptability Answer: b Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Intermediate 14.

________ of software are for making a determination of suitability for purchase. a. Demo versions b. Litigation versions c. User versions d. Technology versions Answer: a Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Intermediate

15. The safest procedure when installing new software is to: a. disconnect the keyboard and mouse b. disconnect the attached printer c. disconnect from the network completely d. turn off or close all other programs Answer: d Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Intermediate 16. Security programs designed to limit access to authorized users are: a. passwords b. network privileges c. firewalls d. antivirus software Answer: c Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Intermediate 17. The following refers to a group of workstations connected together: a. RAM 259

b. network c. motherboard d. all of the above Answer: b Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Basic 18. The definition of capacity includes : a. the technical specifications of the system b. the speed of the CPU c. the available space on the hard drive d. all of the above Answer: d Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Intermediate 19. The following refers to a computer network covering a local area like an office, a home, or a building: a. CPU b. LAN c. RAM d. none of the above Answer: b Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Basic 20. The following refers to a network of networks a. WAN b. LAN c. RAM d. none of the above Answer: a Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Basic Chapter 3 True-False 1. Computer software is the tangible or physical parts of a computer system. a. True b. False 260

Answer: False Objective: Discuss the different types of computer systems used in a law office.

Page Numbers: pp. 61-68 Level: Intermediate 2. A network a group of workstations connected together. a. True b. False Answer: True Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Basic 3. The largest item in a computer is the motherboard. a. True b. False Answer: True Objective: Discuss the different types of computer systems used in a law office Page Numbers: pp. 61-68 Level: Intermediate 4. The RAM is the computer “chip” that interprets computer instructions and processes data a. True b. False Answer: False Objective: Discuss the different computer operating systems used in a law office.

Page Numbers: pp. 61-68 Level: Intermediate 5. The old mainframe systems have provided the model for the networked systems found in offices today, where a number of PCs are connected to a main server on which most of the data is stored. a. True b. False Answer: True Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Intermediate 6. A single-user license authorizes installation of the software on more than one computer. a. True b. False Answer: False Objective: Understand basic issues in installing and using software.

261

Page Numbers: pp. 72-76 Level: Intermediate 7. A backup is a program that attacks and destroys computer programs, internal computer operating systems, and occasionally computer hard drives. a. True b. False Answer: False Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Basic 8. The motherboard is a printed circuit board that holds some of the most critical components of the computers. a. True b. False Answer: True Objective: Discuss the different types of computer systems used in a law office.

Page Numbers: pp. 61-68 Level: Basic 9. The old mainframe systems provide the model for the networked systems found in offices today, where a number of PCs are connected to a main server on which most of the data is stored. a. True b. False Answer: True Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Intermediate 10. A firewall is a program designed to limit access to a computer or a computer network system. a. True b. False Answer: True Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Intermediate 11. A wide area network (WAN) is a computer network covering a local area like an office, a home, or a building. a. True b. False 262

Answer: False Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Intermediate 12. One way to prevent viruses is to instruct office staff not to open files or attachments in emails from unknown sources. a. True b. False Answer: True Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Intermediate 13. Operating systems are sets of commonly used office applications that are designed to work together. a. True b. False Answer: False Objective: Explain the differences between general applications and speciality applications software.

Page Numbers: pp. 70-72 Level: Difficult 14. An operating system is software that provides the basic instructions for starting up the computer and processing the basic input and output. a. True b. False Answer: True Objective: Describe the different computer operating systems.

Page Numbers: pp. 69-70 Level: Basic 15. Every device that is connected to a network is referred to as a motherboard. a. True b. False Answer: False Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Intermediate 16. Office software suites are the type of software used generically by most users for basic functions such as word processing, preparing presentations, or electronic spreadsheets. a. True 263

b. False Answer: True Objective: Explain the differences between general applications and speciality applications software.

Page Numbers: pp. 70-72 Level: Intermediate 17. The portion of the basic operating system needed to start up the CPU is contained in readonly memory (ROM). a. True b. False Answer: True Objective: Describe the different computer operating systems.

Page Numbers: pp. 69-70 Level: Basic Chapter 3 Fill in the Blank 1. ____________ have provided the model for the networked systems found in offices today, where a number of PCs are connected to a main server on which most of the data is stored.

Answer: mainframe systems Objective: Describe the different computer operating systems Page Numbers: pp. 69-70 Level: Intermediate 2. The largest item in a computer is the _______________.

Answer: motherboard Objective: Discuss the different types of computer systems used in a law office Page Numbers: pp. 61-68 Level: Intermediate 3. _______________ are sets of commonly used office applications that are designed to work together.

Answer: office suites Objective: Explain the differences between general applications and specialty applications software Page Numbers: pp. 70-72 Level: Basic 4. Computer _____________ is the tangible or physical parts of a computer system.

Answer: hardware Objective: Discuss the different types of computer systems used in a law office Page Numbers: pp. 61-68 Level: Basic 264

5. The ______________ is a printed circuit board that holds some of the most critical components of the computers.

Answer: motherboard Objective: Describe the different computer operating systems Page Numbers: pp. 69-70 Level: Intermediate 6. ___________refers to the temporary computer memory that stores work in progress.

Answer: RAM Objective: Discuss the different types of computer systems used in a law office Page Numbers: pp. 61-68 Level: Intermediate 7. An _______________ is software that provides the basic instructions for starting up the computer and processing the basic input and output.

Answer: operating system Objective: Describe the different computer operating systems.

Page Numbers: pp. 69-70 Level: Basic 8. ______________ is software that provides instructions to the computer on how to handle basic functions, such as how to process information from input devices, the order in which to process information, and what to show on the computer monitor.

Answer: operating system Objective: Describe the different computer operating systems Page Numbers: pp. 69-70 Level: Basic 9. _____________ is a group of workstations connected together.

Answer: Network Objective: Understand how a network functions and the issues involved in network security Page Numbers: pp. 76-81 Level: Difficult 10. ______________ is the software platform for programs running on mobile or handheld devices.

Answer: mobile operating system Objective: Describe the different computer operating systems Page Numbers: pp. 69-70 Level: Intermediate 11. Every device that is connected to a network is referred to as a___________.

Answer: host 265

Objective: Understand how a network functions and the issues involved in network security.

Page Numbers: pp. 76-81 Level: Basic 12. The definition of _______ includes the technical specifications of the system, the speed of the CPU and the available space on the hard drive.

Answer: capacity Objective: Understand basic issues in installing and using software.

Page Numbers: pp. 72-76 Level: Intermediate

Chapter 3 Matching 1. host 2. mainframe systems

a. the tangible or physical parts of the computer system b. a computer network covering a local area like an office, a home, or a building.

3. mobile operating system

c. sets of commonly used office applications that are designed to work together.

4. CPU

d. software that provides the basic instructions for starting up the computer and processing the basic input and output. e. the software platform for programs running on mobile or handheld devices. f. a group of workstations connected together.

5. office suites 6. Computer Hardware 7. RAM

g. the computer “chip” that interprets computer instructions and processes data

8.a single-user license

h. a printed circuit board that holds some of the most critical components of the computers.

9. operating system 10. A local area network (LAN) 11. network

i. the temporary computer memory that stores work in progress j. Every device that is connected to a network.

12. motherboard

k. the model for the networked systems found in offices today, where a number of PCs are connected to a main server on which most of the data is stored. l. authorizes installation of the software on one computer.

1. j 2. k 3. e 266

4. g 5. c 6. a 7. i 8. l 9. d 10. b 11. f 12. h Objective: n/a Page Numbers: n/a Level: Basic Chapter 3 Essay 1. Please explain the differences between general applications and specialty applications software: Answer: An application is a type of software used to perform a specific function, or a set of related functions, such as word processing, presentations, and electronic spreadsheets. These are programs that are often used across many different professions and industries. Office suites are sets of commonly used office applications that are designed to work together. A specialty application is software that is industry-specific. These applications are created to perform functions that are unique to an industry, such as case management in the law office. Legal specialty software falls generally into the following categories: (1) office management; (2) case management; (3) litigation support; (4) document management; and (5) trial presentation.

Objective: Explain the differences between general applications and specialty applications software Page Numbers: pp. 70-72 Level: Intermediate 2.What is the significance of a EULA when purchasing software? How can it affect the cost of the software being purchased for a large law office with multiple users?

Answer: The EULA is the end user license agreement. It is a contract that controls who is authorized to use the software. In a large office, there may be many persons who need to use the software. If the EULA is a single-user license, the software is authorized for only one main computer or person. In that case, the software would need to be purchased for every person who will use it. In a large office, it would be more economical to purchase a multiuser license or network license so that it is authorized for multiple users.

Objective: Understand basic issues in installing and using software.

267

Page Numbers: pp. 72-76 Level: Intermediate 3. What are the advantages of using a network file server in a law office, as opposed to a group of separate computer systems, each with its own data storage?

Answer: With a network file server, all the files are stored in one location. That way, all the members of the legal team can have access to the same set of files. This will prevent duplication of effort, and make working on each case more efficient. A central server will also provide a higher level of security, since the flow of information is controlled by one manager.

The flow of information can have centralized control, and access can be more tightly managed.

Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Basic 4. Attorney Kate Sandberg needed to upgrade the basic office software (such as MS Office) for her small firm. She asked her paralegal, Mary Worth, to research and purchase a new suite of office applications for their existing computer hardware. Most of the computers in the office were at least 4 years old. What information about the computers should Mary carefully review? What factors are most important to consider when selecting the software?

Answer: Mary should look at the minimum and recommended requirements of the software. The minimum requirements are the minimum memory, speed, and other characteristics necessary for software to run properly. If the systems in the office do not meet these minimum requirements, the software will run much more slowly than expected, or not at all. She should also look at the recommended requirements, which are necessary for the maximum utilization of the software. There may be no point in upgrading if the computers are not powerful enough to take advantage of the upgrades in the software.

Objective: Describe the different computer operating systems, Understand the basic issues in installing and using software Page Numbers: pp. 69-70; pp. 72-76 Level: Intermediate 5. Explain the importance of computer security and the steps that a law firm may take to protect the information contained in a computer network.

Answer: With a single computer, the security issues are related to installing corrupted software or accessing something from the Internet that has a virus. By contrast, on a network, every computer work station represents a possible source of security issues and if a single station introduces a virus, the entire network will be impacted. One solution is to limit access, such as the ability to make changes to the operating system, add or delete software, and retrieve files.

268

Network security protocols limit access to the file server and peripherals, such as printers or other work stations. Network rights and privileges determine who on the network may access the information and who has authority to access the server, the data stored on the server, and the flow of information. A network administrator is the person with the highest level of access to, or authority over, the network. Passwords can be used to grant access to files and computers.

Firewalls are programs designed to limit access to computer or a computer network but may also prevent working at an off-site location. Antivirus Software scans the computer to identify the presence of viruses, and in some better programs, eliminates the virus. Despite the existence of antivirus software, viruses do get through, and there are certain precautions that should be followed: (1) do not open files or attachments from unknown email senders; (2) scan every disk with antivirus software before using it; (3) downloaded files should be scanned, and; (4) be sure antivirus software is continually updated. Finally, data should be backed up by creating a copy of data as a precaution against the loss or damage of the original data. It is a good policy to back up on a daily basis and store the backup media off-site.

Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Intermediate Chapter 3 Critical Thinking 1. Describe how the ethical duty of confidentiality could be affected by a network breach at a law firm.

Answer: In order to store client information in a networked computer system, a law firm would have to take reasonable steps to ensure that the information was sufficiently secure in order not to be subject to a successful malpractice lawsuit in the event that a breach occurred.

Objective: Understand how a network functions and the issues involved with network security.

Page Numbers: pp. 76-81 Level: Difficult 2. Describe some of the ways that the practice of law has changed as a result of mobile computers and smartphones.

Answer: Attorneys and support staff are now able to access the office remotely from home, as well as remote offices, courthouses and depositions. This has decreased the amount of paper organization that must take place, but has increased the amount of technological support required outside of the office.

Objective: Discuss the different types of computer systems used in a law office.

Page Numbers: pp. 61-68 Level: Difficult

269

CHAPTER 4 The Internet, the Cloud, and Communications Chapter 4 Multiple Choice 1. The following is a device used to connect multiple computer devices: a. switch b. modem c. hub d. none of the above Answer: c Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Basic 2. The following acronym refers to companies that provide users with access to the the internet or the cloud: a. RAMs b. ISPs c. CPUs d. none of the above Answer: b Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Basic 3. The IP address refers to: a. the numeric device assigned to each computerized device that connects to the internet b. the internal router of a computer system c. the wide area network or large area network d. none of the above Answer: a Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 4. Highly developed algorithms, such as Google and Yahoo, search for relevant information and return a listing in order of relevancy. These are known as: a. relevancy search engines b. search and sort systems c. networking operating systems d. specialized search engines Answer: d Objective: Explain the concept of cloud computing 270

Page Numbers: pp. 98-101 Level: Intermediate 5. The term used to describe the tangible or physical parts of a computer system is: a. computer operating system b. computer software c. computer system d. computer hardware Answer: d Objective: Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 114-116 Level: Intermediate 6. The term networked refers to: a. an office where each person's computer is connected to a separate printer. b. an office where each person's computer is connected to the court’s central server. c. an office where everyone has a personal computer. d. an office where each person's computer is connected to other people's computers.

Answer: d Objective: Describe the issues in downloading and installing software from the Internet.

Page Numbers: pp. 105-114 Level: Intermediate 7. The office or LAN (local area network) search tool is usually a program such as: a. Microsoft Windows Explorer b. Internet Explorer c. CiteChecker d. Autosearch Answer: a Objective: Describe the issues in downloading and installing software from the Internet.

Page Numbers: pp. 105-114 Level: Difficult 8. ________ are companies that provide users access to the World Wide Web. a. Digital Subscriber Line (DSL) b. Internet Service Providers (ISP) c. Land Service Providers (LAN) d. United Service Providers (USP) Answer: b Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate

271

9. A modem is a device used to translate electrical signals for transmission over the connections so that the: a. computers can “talk” to each other b. computers can be used to print documents c. computers can have security protection d. computers know when to turn off Answer: a Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Basic 10. A ________ is a device for connecting multiple computer devices. a. notepad b. hub c. router d. switch Answer: b Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 11. A router can be a: a. high-performance alternative to a hub. b. a program that allows a person to use a computer to access the Internet. c. a specialized computing device that routes messages. d. a device that converts information to a form that can be transferred electronically Answer: c Objective: Explain how the internet works Page Numbers: pp. 90-98 Level: Difficult 12. The physical address stored in a special memory location in the device is called: a. an Internet Service Provider (ISP) address b. a Media Access Control (MAc. address. c. a Uniform Resource Locator (URL). d. a Domain Name Service (DNS) address.

Answer: b Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Intermediate 13. The modern equivalent of a telephone number is the: a. control address b. e-mail address 272

c. physical address d. logical address Answer: b Objective: Discuss issues in the use of the Internet Page Numbers: pp. 98-101 Level: Basic 14.

The domain nomenclature is part of the: a. URL naming protocol b. file name c. automatic mailing list d. server on the Internet that uses HTML-capable software to exchange data Answer: a Objective: Explain the concept of cloud computing Page Numbers: pp. 101-105 Level: Intermediate

15. The __________ completes the address after a few letters of the address are typed. a. remember feature b. type-ahead feature c. address-type feature d. recall feature Answer: b Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Intermediate 16. The logical address is the address: a. for receiving messages b. that is not always well known c. for delivering messages d. that seems easiest for the sender Answer: c Objective: Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 114-116 Level: Intermediate 17. Scrambling documents using algorithms/mathematical formulas is known as: a. encryption b. code c. equity d. user-level security Answer: a Objective: Describe how courts are implementing technology for filing and document submission 273

Page Numbers: pp. 114-116 Level: Basic 18. Static files are files that: a. contain irrelevant information b. may be relied upon when required by the court c. contain only data d. are used only in an emergency Answer: c Objective: Describe the issues in downloading and installing software from the Internet Page Numbers: pp. 105-114 Level: Intermediate 19. The______ is the open standard for compression and decompression used widely for PC download archives. a. ZIP file b. ISDN c. TIFF file d. PDF file Answer: a Objective: Describe the issues in downloading and installing software from the Internet Page Numbers: pp. 105-114 Level: Intermediate 20. Data such as file name, size, and location is known as: a. content metadata b. ZIP files c. database systems d. system metadata Answer: d Objective: Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 114-116 Level: Basic Chapter 4 True-False 1. A hub determines the destination of each message and selectively forwards it to the computer or device for which it is intended. a. True b. False Answer: False Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Difficult 274

2. A network is a device used to translate the electrical signals for transmission over connections so that computers can “talk” to each other. a. True b. False Answer: False Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Basic 3. In its most basic function, a router is a specialized computing device that routes messages to their intended destinations, much like a coin sorter sorts coins into the proper slots or bins. a. True b. False Answer: True Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 4. Internet service providers (ISPs) are companies that provide users with access to the World Wide Web, or as it is now more commonly referred, the internet or the cloud. a. True b. False Answer: True Objective: Explain the concept of cloud computing Page Numbers: pp. 98-101 Level: Intermediate 5. An IP address refers to the numeric address assigned to each computerized device that connects to the internet. a. True b. False Answer: True Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 6. The term “cloud computing” or “the Cloud” is a way of describing the utilizations of resources and feature sof the Internet or the World Wide Web a. True b. False Answer: True Objective: Explain the concept of cloud computing Page Numbers: pp. 98-101 275

Level: Intermediate

7. There should be a standardized file hierarchy across the system so all users can locate files. a. True b. False Answer: True Objective: Describe the issues in downloading and installing software from the internet.

Page Numbers: pp. 105-114 Level: Basic 8. When received with an email, files and attachments cannot be opened and reviewed right away, but instead must be downloaded and saved to the individual’s computer. a. True b. False Answer: False Objective: Explain the concept of cloud computing Page Numbers: pp. 98-101 Level: Intermediate 9. TIFF files are used for compression and decompression of files. a. True b. False Answer: False Objective: Explain the concept of cloud computing Page Numbers: pp. 98-101 Level: Intermediate 10. Because a computer may only backup what is on the computer at the time of the backup, archiving will help with saving email data. a. True b. False Answer: True Objective: Explain the concept of cloud computing Page Numbers: pp. 98-101 Level: Intermediate 11. Software may used immediately by a simply downloading the program and purchasing the license using a credit card. a. True b. False Answer: True Objective: Describe the issues in downloading and installing software from the Internet Page Numbers: pp. 105-114 276

Level: Intermediate 12. A ZIP file is information about a particular data set, which may describe how, when, and by whom it was received, created, accessed or modified, as well as and how it was formatted. a. True b. False Answer: False Objective: Describe the issues in downloading and installing software from the Internet Page Numbers: pp. 105-114 Level: Difficult 13. When you send a message, the routing software in your computer looks at the address to see if the destination address is one of the devices attached to your computer or some other device. a. True b. False Answer: True Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Basic 14. One of the most significant changes for a large segment of the legal community is the implementation of electronic filing, or “e-filing,” by some of the courts. a. True b. False Answer: True Objective: Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 114-116 Level: Intermediate 15. E-mail has become a standard method of communication for businesses across the globe, including law practices.

Answer: True Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Intermediate 16. E-mail is saved on a computer or a file server in a file or folder called a mailbox.

Answer: True Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Intermediate

277

17. The first computer systems in the courts were used for indexing documents such as wills and deeds. a. True b. False Answer: True Objective: Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 114-116 Level: Intermediate Chapter 4 Fill in the Blank 1. The __________ may be thought of as a network of networks -- a huge collection of networks linked together and sharing information Answer: Internet Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 2. ___________________ are companies that provide users with access to the World Wide Web, or as it is now more commonly referred, the internet or the cloud.

Answer: Internet Service Providers (ISPs) Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 3. A _______________ is a device used to translate the electrical signals for transmission over connections so that computers can “talk” to each other.

Answer: modem Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Basic 4. A ___________ refers to a device used to connect multiple computer devices.

Answer: hub Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Basic 5. The ______________ is a specialized computing device that routes messages to their intended destinations, much like a coin sorter sorts coins into the proper slots or bins.

Answer: router Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 278

6. When you send a message, the ___________ software in your computer looks at the address to see if the destination address is one of the devices attached to your computer or some other device.

Answer: routing Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: difficult 7. Modern ____________ may contain the necessary software to act as a modem, router, and high-performance hub, all in one device.

Answer: switches Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: difficult 8. The term __________is used to describe the advanced uses of the Internet to not only share information, but to also obtain software, access online services, store documents on remote severs or e-repositories, and communicate in real time with voice and video.

Answer: cloud computing Objective: Explain the concept of cloud computing Page Numbers: pp. 98-101 Level: Intermediate 9. ___________ is information about a particular data set, which may describe how, when, and by whom it was received, created, accessed or modified, as well as and how it was formatted.

Answer: Metadata Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Difficult 10. ______________ files contain only data, and perform no specific functions.

Answer: static Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Intermediate 11. An ______________ is a record or file associated with another record for the purpose of storage or transfer.

Answer: attachment Objective: Explain the concept of cloud computing Page Numbers: pp. 98-101 Level: Intermediate

279

12. Main data routes between large, high-capacity academic commercial, and government routers are collectively called the _________________.

Answer: Internet backbone Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 13. ________ access uses a modem connected to a PC to connect to the Internet by dialing a phone number.

Answer: Dial-up Objective: Describe the issues in downloading and installing software from the Internet Page Numbers: pp. 105-114 Level: Difficult 14. All of the federal ______ courts have implemented e-filing.

Answer: district Objective: Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 114-116 Level: Intermediate Chapter 4 Matching 1. modem 2. attachment 3. CM/ECF 4. Hub

a. companion website to the PACER system adopted by the federal courts for electronic filing b. the Internet address for a website. c. a huge collection of networks linked together and sharing information d. a national index for federal appellate, district and bankruptcy cases

5. Internet service providers (ISPs)

e. a device used to translate the electrical signals for transmission over connections so that computers can “talk” to each other.

6. Internet

f. a record or file associated with another record for the purpose of storage or transfer.

7. Router

g. refers to a device used to connect multiple computer devices.

8.the cloud

h. the main data routes between large, high capacity academic commercial and government routers.

280

9. A Uniform Resource Locator (URL)

i. a specialized computing device that routes messages to their intended destinations.

10. IP Address

j. companies that provide users with access to the internet or the cloud.

11. PACER

k. a way of describing certain resources found on the Internet.

12. Internet backbone l. the numeric address assigned to each computerized device that connects to the internet

1. e 2. f 3. a 4. g 5. j 6. c 7. i 8. k 9. b 10. l 11. d 12. h Objective: n/a Page Numbers: n/a Level: Basic Chapter 4 Essay 1. Explain the difference between system metadata and content metadata. Why might it be just as important to protect system metadata as it is to protect content data from unauthorized persons?

The system metadata, such as the file name, size, location, and when the file was created or modified, is used to track or locate the file containing the data. Content metadata is about the content of the file itself, such as the name of the author of the document, any tracked changes, and the document version. The time a file was created or changed can be very important, as well as information about who made the changes or created the file. In some cases, this information can show that a person had certain knowledge at a particular time. This can be critical evidence in a case where knowledge of a fact or condition is critical.

281

Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Intermediate 2. A small law firm is building a network for connecting the entire firm to the Internet. The firm will connect eight different team members using eight workstations. Should the firm use a switch or a hub for the network? Explain the reasons for your choice Answer: A switch would be the best choice. A hub allows the different workstations to communicate with each other, all sharing the same Internet connection through separate wires.

Everything that comes through one of the connections is sent to all the others. This may be a good choice for four or fewer workstations, but for a larger office, a switch is a better choice.

Although a switch may cost more, it is more efficient. A switch directs messages to the intended recipient, thereby reducing the total traffic and increasing speed.

Objective: Explain how the internet works.

Page Numbers: pp. 90-98 Level: Intermediate 3. Attorney Jack Parsons has lost an important lawsuit, and all appeals were exhausted. After closing the file, Jack instructed his paralegal, Jim Cassidy, to carefully save all of the client's emails in a specially designated e-mail archive. Why would archiving these e-mails be a potentially valuable practice?

Answer: The client e-mails are an important written record of communication between the firm and the client. If there were a claim for malpractice against the law firm, the e-mails could provide evidence in the firm's defense. When lawyers are forced to defend themselves against such claims, any confidentiality or privilege with respect to these communications may be released so that the attorneys can use it in their defense.

Objective: Discuss issues in the use of the Internet Page Numbers: pp. 101-105 Level: Basic 4. Attorney Kate Sandberg needed to upgrade the basic office software (such as MS Office) for her small firm. She asked her paralegal, Mary Worth, to research and purchase a new suite of office applications for their existing computer hardware. Most of the computers in the office were at least 4 years old. What information about the computers should Mary carefully review? What factors are most important to consider when selecting the software?

Answer: Mary should look at the minimum and recommended requirements of the software. The minimum requirements are the minimum memory, speed, and other characteristics necessary for software to run properly. If the systems in the office do not meet these minimum requirements, the software will run much more slowly than expected, or not at all. She should also look at the recommended requirements, which are necessary for the maximum utilization of 282

the software. There may be no point in upgrading if the computers are not powerful enough to take advantage of the upgrades in the software.

Objective: Explain how the internet works, Explain the concept of cloud computing; Describe the issues in downloading and installing software from the Internet.

Page Numbers: pp. 90-101; 105-114 Level: Intermediate 5. Explain the use of electronic access to cases and e-filing in the federal court system ANSWER: The federal courts have established a common electronic system for filing documents and locating case information. This system is accessed through the Public Access to Court Electronic REcords (PACER) website. Anyone may use the PACER system by registering and setting up an account. The public may register or access the PACER site form the PACER login page. The PACER case locator is a national index for federal courts.

Objective: Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 114-116 Level: Intermediate Chapter 4 Critical Thinking

1. Describe how the ethical duty of confidentiality could be affected by the cloud-based storage of client information.

Answer: In order to store client information in the cloud, a law firm would have to take reasonable steps to ensure that the information was sufficiently secure in order not to be subject to a successful malpractice lawsuit in the event that a breach occurred.

Objective: Explain how the internet works, Explain the concept of cloud computing, Describe the issues in downloading and installing software from the Internet Page Numbers: pp. 90-98; pp. 105-114 Level: Difficult 2. Describe some of the ways that the practice of law has changed as a result of the Internet.

Answer: e-filing, video conferencing, cloud based document storage, e-mails to clients and opposition.

Objective: Explain how the internet works, Explain the concept of cloud computing, Describe how courts are implementing technology for filing and document submission Page Numbers: pp. 90-98; pp. 98-101 Level: Difficult

283

CHAPTER 5 Word Processing Chapter 5 Multiple Choice 1. Word processing software programs perform the following tasks: a. allow customized formats using a variety of type sizes and font styles within the same documents. b. built-in software tools check spelling and grammar. c. compare documents d. all of the above Answer: d Objective: Use some of the special features in word processors for creating documents.

Page Numbers: pp. 146-150 Level: Intermediate 2. Macros are mini programs that allow word processing software to: a. prepare mass mailings b. organize case documents c. bill clients d. none of the above Answer: a Objective: Use some of the special features in word processors for creating documents.

Page Numbers: pp. 146-150 Level: Intermediate 3. The following macro allows two documents to be compared to each other and the differences shown: a. track changes b. mail merge c. compare documents d. none of the above Answer: c Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 Level: Intermediate 4. The following macro combines one document with information from another, such as a letter combined with a list of recipients: a. track changes b. mail merge c. compare documents 284

d. none of the above Answer: b Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 Level: Intermediate 5. The term used to describe a preset, predesigned page, such as a pleading layout with line numbers: a. security features b. header c. computer system d. template Answer: d Objective: Create and save word processing documents in multiple formats.

Page Numbers: pp. 139-142 Level: Intermediate 6. The protect documents option of a word processing program: a. allows a user to edit the areas of the top and bottom of the document b. restricts how people may access a word processing document, and protects the document from changes to the formatting or text. c. allows computers to connect to other computers. d. prevents clients from committing criminal acts.

Answer: b Objective: Discuss security issues and solutions in saving word processing documents.

Page Numbers: pp. 142-146 Level: Intermediate 7. ________ and ________ are the most common ways to access program features and information. a. menus; toolbars b. menus; ribbons c. help; menus d. ribbons; toolbars Answer: a Objective: Navigate and find desired functions in word processors.

Page Numbers: pp. 137-139 Level: Difficult 8. The first step in creating a document is: a. to select the Help feature. b. to select and start the program c. to select the Save as feature d. to select the Print feature 285

Answer: b Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 Level: Intermediate 9. A boilerplate document can be saved as: a. metadata b. a template c. a file extension d. a file format Answer: b Objective: Create and save word processing documents in multiple formats.

Page Numbers: pp. 139-142 Level: Intermediate 10. When a file is saved, a file extension: a. is added to the end of the file name to identify the format in which the file has been saved. b. is an instruction to see features and hidden information such as track changes information. c. is the way to later find the file on the hard drive. d. is created with a preset, predesigned page.

Answer: a Objective: Create and save word processing documents in multiple formats.

Page Numbers: pp. 139-142 Level: Intermediate 11. Metadata refers to: a. features that show the original text and any deletions or additions to it. b. headers and footers in a document c. information about the document, such as author and date of creation. d. special features that determine the word count of a document.

Answer: c Objective: Discuss security issues and solutions in saving word processing documents.

Page Numbers: pp. 142-146 Level: Difficult 12. Headers and footers are the: a. methods to access the features of a program. b. ways to restrict people from accessing documents. c. items at the top or bottom of each page in a document. d. properties found in every word processing document Answer: c Objective: Navigate and find desired functions in word processors 286

Page Numbers: pp. 137-139 Level: Intermediate 13. If the name and location of a file are forgotten, the file can be located by using: a. search tools that perform a search of your computer and the file server for files using designated terms or words. b. a help number to contact a 24-hour hotline with specialists to assist you in finding your document. c. tools and features that allow you to recreate the document from scratch. d. a backup and retrieval system for lost or forgotten documents.

Answer: a Objective: Find resources for learning how to use a program and its features.

Page Numbers: pp. 135-135 Level: Basic 14.

________ restricts how people may access the document and enables the protection of the document against changes in formatting or editing. a. security directory b. security menu c. option choice menu d. protect document feature Answer: d Objective: Discuss security issues and solutions in saving word processing documents.

Page Numbers: pp. 142-146 Level: Intermediate

15. Permission can be restricted on Word, Excel, and PowerPoint documents by: a. clicking the Private button and checking Confidential. b. clicking the Permission button and checking Restrict Permission. c. contacting the IT staff to key in a security number recall feature d. none of the above Answer: b Objective: Discuss security issues and solutions in saving word processing documents.

Page Numbers: pp. 142-146 Level: Intermediate 16. The "Track Changes" feature can assist your adversary because they: a. will see your mistakes, such as typos, incorrect grammar usage, or improper citations to cases or statutory law. b. may gain insight as to your writing capabilities. c. may gain insight as to the original length of your document. d. may gain insight as to the strategy of your case.

Answer: d Objective: Recognize changes and updates to major word processing software.

287

Page Numbers: pp. 150-152 Level: Intermediate 17. WordPerfect refers to information about a document as metadata, while Word refers to the same information as: a. personal data b. personal information c. databases d. meta information Answer: b Objective: Recognize changes and updates to major word processing software Page Numbers: pp. 150-152 Level: Basic 18. Menus display a list of commands on the menu bar, also referred to as the: a. tool list b. menu items c. tool bar d. menu list Answer: c Objective: Navigate and find desired functions in word processors.

Page Numbers: pp. 137-139 Level: Intermediate 19. The following are the areas at the top or the bottom, respectively, of each page in the document that provide information the author wants repeated on every page, such as the page number, a document title, or a copyright notice. a. header b. footer c. both of the above d. none of the above Answer: c Objective: Use some of the special features in word processors for creating documents Page Numbers: pp. 146-150 Level: Intermediate 20. The strikethrough feature, when tracking changes in your document, is used to show: a. deleted text, with notes on the side to show the changes made. b. items to be emphasized in the final version of the document. c. all of the errors, along with all the possible corrections d. deleted text that will be reinserted in the final version of the document.

Answer: a Objective: Recognize changes and updates to major word processing software.

Page Numbers: pp. 150-152 288

Level: Basic 21. Many legal professionals are independent ___________ who may serve many different firms. a. employers b. employees c. contractors d. workers Answer: c Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: 130-135 Level: Intermediate 22. _________ networks allow collaboration among colleagues and clients without the need for face-to-face meetings. a. computer b. employee c. supplier d. generic Answer: a Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: 130-135 Level: Intermediate 23. _____ functions may provide assistance with standardized features found in all programs, as well as with specialized features. a. synchronized b. help c. generic d. template Answer: b Objective: Find resources for learning how to use a program and its features.

Page Numbers: pp. 135-135 Level: Basic Chapter 5 True-False 1. Sharing documents with others requires an appreciation of the differences in word processing program versions and how they impact others, including team members, clients and the courts. a. True b. False Answer: True Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: pp. 130-135 Level: Intermediate 289

2. In a law office, it is unusual for a document to be passed among a group of people, each one adding or changing something in the document. a. True b. False Answer: False Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: pp. 130-135 Level: Intermediate 3. Mail merge is a macro that automates the creation of a list of authorities, such as statutes or cases, as a table that can be inserted into a document. a. True b. False Answer: False Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 Level: Intermediate 4. Track changes is a feature that shows the original text, the deleted text, and the new text using a series of lines that appear as strikethroughs and margin notes in the document. a. True b. False Answer: True Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 Level: Intermediate 5. Boilerplate is standard language used in other documents. a. True b. False Answer: True Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: pp. 130-135 Level: Intermediate 6. The term footer refers to items at the top of each page of the document a. True b. False Answer: False Objective: Navigate and find desired functions in word processors.

Page Numbers: pp. 137-139 Level: Intermediate

290

7. A file extension is a tag of three or four letters, preceded by a period, that identifies a data file’s format or the application used to create the file. a. True b. False Answer: True Objective: Use some of the special features in word processors for creating documents Page Numbers: pp. 146-150 Level: Basic 8. If Track Changes, or a similar tool, has been used while editing a document, it is important to keep the editing history before sending it to opposing counsel. a. True b. False Answer: False Objective: Discuss security issues and solutions in saving word processing documents Page Numbers: pp. 142-146 Level: Basic 9. The Protect Document option restricts how people may access the document, and protects the document from changes to the formatting or text. a. True b. False Answer: True Objective: Discuss security issues and solutions in saving word processing documents Page Numbers: pp. 142-146 Level: Intermediate 10. The document comparison tool allows two documents to be compared and the differences shown, and the documents combined. a. True b. False Answer: True Objective: Use some of the special features in word processors for creating documents Page Numbers: pp. 146-150 Level: Intermediate 11. The table of authorities feature allows a user to create mass mailings by automatically combining a document, such as a form letter, with a list of recipients. a. True b. False Answer: False Objective: Use some of the special features in word processors for creating documents.

Page Numbers: pp. 146-150 Level: Intermediate 291

12. Software may be used immediately by simply downloading the program and purchasing the license using a credit card. a. True b. False Answer: True Objective: Recognize changes and updates to major word processing software.

Page Numbers: pp. 150-152 Level: Intermediate 13. A table of authorities is a listing of the citations or other references in a document and the number of pages where they are located. a. True b. False Answer: True Objective: Use some of the special features in word processors for creating documents.

Page Numbers: pp. 146-150 Level: Difficult 14. Software is rarely updated and upgraded. a. True b. False Answer: False Objective: Recognize changes and updates to major word processing software.

Page Numbers: pp. 150-152 Level: Basic 15. In WordPerfect, the permission protection allows the author to place specific limits on what the recipient may do with the document. a. True b. False Answer: True Objective: Discuss security issues and solutions in saving word processing documents.

Page Numbers: pp. 142-146 Level: Intermediate 16. Almost all programs have built-in learning resources such as user guides and instructions.

Answer: True Objective: Find resources for learning how to use a program and its features.

Page Numbers: pp. 135-135 Level: Basic 17. Help for most software is available offline and online from the user’s workstation.

Answer: True 292

Objective: Find resources for learning how to use a program and its features.

Page Numbers: pp. 135-135 Level: Basic 18. When a file is saved, a file extension is added to the end of the file name to identify the format in which the file has been saved.

Answer: True Objective: Create and save word processing documents in multiple formats.

Page Numbers: pp. 139-142 Level: Intermediate 19. Both WordPerfect and Word have a search or browse tool that can be used to locate a file on your computer or the file server.

Answer: True Objective: Create and save word processing documents in multiple formats.

Page Numbers: pp. 139-142 Level: Intermediate Chapter 5 Fill in the Blank 1. Changes in _____ are more manageable when users learn to recognize common software features and learn to adapt to the differences in programs.

Answer: Software Objective: Explain why the ability to adapt to changes in software is an important job skill.

Page Numbers: pp. 130-135 Level: Intermediate 2. _____ functions may provide assistance with standardized features found in all programs, as well as with specialized features.

Answer: Help Objective: Find resources for learning how to use a program and its features Page Numbers: pp. 135-135 Level: Intermediate 3. All word processing _______ have a basic set of functions, such as format, style, and saving options.

Answer: programs Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: pp. 130-135 Level: Basic 4. ________________ a feature that shows the original text, the deleted text, and the new text using a series of lines that appear as strikethroughs and margin notes in the document.

293

Answer: track changes Objective: Create and save word processing documents in multiple formats.

Page Numbers: pp. 139-142 Level: Basic 5. _________________ is a macro that combines one document with information from another, such as a a letter combined with a list of recipients.

Answer: mail merge Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 Level: basic 6. a pre-set, predesigned page, such as a pleading layout with line numbers is called a ___________.

Answer: template Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: pp. 130-135 Level: difficult 7. ________________ is standard language used in other documents.

Answer: boilerplate Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: pp. 130-135 Level: difficult 8. A tag of three or four letters, preceded by a period, that identifies a data file’s format or the application used to create the file is called a __________________.

Answer: file extension Objective: Create and save word processing documents in multiple formats.

Page Numbers: pp. 139-142 Level: Intermediate 9. ___________ is information about a particular data set, which may describe how, when, and by whom it was received, created, accessed or modified, as well as and how it was formatted.

Answer: Metadata Objective: Discuss security issues and solutions in saving word processing documents.

Page Numbers: pp. 142-146 Level: Difficult 10. The _________ search function performs a search of the computer and the file server for files with designated names, terms or words.

Answer: file Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 294

Level: Intermediate 11. Document properties are a part of the _________ for word processing documents Answer: metadata Objective: Use some of the special features in word processors for creating documents Page Numbers: pp. 146-150 Level: Intermediate 12. If ____________, or a similar tool, has been used while editing a document, it is important to remove the editing history before sending it to opposing counsel, the client or the court.

Answer: track changes Objective: Use some of the special features in word processors for creating documents Page Numbers: pp. 146-150 Level: Intermediate 14. Live Word _______, at the bottom of the Word screen, can track the length of documents Answer: Count Objective: Recognize changes and updates to major word processing software.

Page Numbers: pp. 150-152 Level: Basic Chapter 5 Matching 1. mail merge 2. track changes

a. restricts how people may access the document. b. a search tool that performs a search of the computer and the file server for files with designated names, terms, or words.

3. document comparison

c. Items at the bottom of each page of the document.

4. template

d. a preset, predesigned, page, such as a pleading lawyout with lines numbers.

5. boilerplate

e. a feature that shows the original text, the deleted text, and the new text using a series of lines that appear as strikethroughs and margin notes in the document.

6. header

f. part of the metadata for word processor documents.

7. file extension

g. standard language used in other documents

8.document properties

h. a macro that combines one document with information from another, such as a letter combined with a list of recipients.

295

9. security features

i. a macro that allows two documents to be compared and the differences shown, with the final version being a merger of the two documents.

10. file search function

j. items at the top of each page of the document.

11. protect documents

k. provide a degree of security in the process of saving the file or sharing the file.

12. footer

l. A tag of three or four letters, preceded by a period that identifies a data file’s format or the application used to create the file.

1. h 2. e 3. i 4. d 5. g 6. j 7. l 8. f 9. k 10. b 11. a 12. c Objective: n/a Page Numbers: n/a Level: Basic Chapter 5 Essay 1. How does the ethical duty of confidentiality affect the way word processor documents are saved?

Answer: Confidentiality requires access to files to be restricted or controlled. Only those who are a part of the legal team should have access to the client’s confidential information. Therefore, passwords are essential in protecting confidentiality. Other features such as Permissions and Track changes must be used and monitored to protect the client.

Objective: Navigate and find desired functions in word processors Page Numbers: pp. 137-139 Level: Basic 296

2. How can you help control sensitive information in your documents?

Answer: Sensitive information may be controlled through the use of password protection, permissions, and the removal of tracked changes or metadata.

Objective: Discuss security issues and solutions in saving word processing documents.

Page Numbers: pp. 142-146 Level: Intermediate 3. Explain how to find resources for learning how to use a program and its features.

Answer: Every program has some level of instruction or help available. This help may be in the form of online resources including updates, tutorials, and answers to frequently asked questions. Almost all programs have built-in learning resources such as user guides and instructions, as well as a “Help” function.

Objective: Find resources for learning how to use a program and its features Page Numbers: pp. 135-135 Level: Intermediate Chapter 5 Critical Thinking 1. Jim Cassidy, a paralegal at Jack Parsons' litigation firm, finished preparing an important letter that made an offer of settlement to opposing counsel in a lawsuit. The letter contained the offer, as well as a lengthy discussion of the facts of the case that provided the basis for the offer. The letter was revised several times, with three different attorneys making various edits, modifications, and corrections before it reached its final form. The Track Changes feature was used to highlight the various changes made by each person, and the final draft of the letter was in the form of a Word file. After proofreading the document, and "accepting" all changes to the document, Jim sent the letter to opposing counsel as an attachment to an e-mail. What precautions should Jim have taken before sending the letter? What safeguards are available to protect the sensitive content?

Answer: In some cases, this information can show that a person had certain knowledge at a particular time. This can be critical evidence in a case where knowledge of a fact or condition is critical. Word files contain additional information called "metadata" attached to the file. System metadata contains data about the document, such as the file name, size, and location. Content metadata has information about the content of the file itself, such as changes made. If this information isn't removed from the letter, opposing counsel may be able to see the changes that were made, such as other dollar amounts that were proposed, or information that the attorneys originally wanted to disclose, but decided to delete later. This information could compromise their settlement position. The metadata could be removed by saving it in a version without the metadata using the "Save without metadata" option. An even safer method might be to convert the document to a TIFF, so the opposing attorneys see only a graphic image of the file without any metadata.

297

Objective: Use some of the special features in word processors for creating documents Page Numbers: pp. 146-150 Level: Intermediate 2.Luke Jacobs is developing a lucrative personal injury practice. While last year, he handled only a few auto accident cases, this year he anticipates closing up to a hundred cases, most of them involving two-car collisions. Many of the letters, pleadings, motions, and discovery requests are basically similar in each case, with minor changes in the basic facts, locations, and names of the parties. What methods can he use to make the preparation of these documents more efficient, without having to type up totally new documents each time? What are the concerns with these methods, and how can he resolve these concerns?

Answer: Using a basic word processor program, he can create form documents with most of the boilerplate language written ahead of time. These documents can be saved as templates in a form bank on the file server. Each time the document is used, the blank fields for the data that has changed each time can be filled in. When the document is created for a specific client, the "Save As" command is used to save the document to a new file name in the client's file. The template is retained in its old location to be used again. Because it is important that the boilerplate remain unaltered, it can be protected using the "protect documents" feature in Word.

This limits access with a password, allowing only certain users to make changes to the original document.

Objective: Explain why the ability to adapt to changes in software is an important job skill Page Numbers: pp. 130-135 Level: Intermediate

298

CHAPTER 6 Spreadsheets Chapter 6 Multiple Choice 1. All spreadsheets use a set of standard terms to describe the parts of the spreadsheet, such as: a. lines, paragraphs, bullets, and points. b. rows, columns, cells, formula bars, and workbooks c. groups, options, insert, and toolbar. d. rows, columns, groups, points, and toolbars.

Answer: b Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Intermediate 2. A spreadsheet in its most basic form is any two items with some relationship that is acted upon mathematically, with the result presented: a. in a third location b. in a database c. in court d. for use by a third party Answer: a Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Intermediate 3.A cell in a spreadsheet is: a. the box at the intersection of a row and column. b. a collection of worksheets. c.a vertical set of cells in a spreadsheet d. a horizontal cell in a spreadsheet Answer: a Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Intermediate 4. Workbooks are: a. as horizontal cell in a spreadsheet b. a collection of worksheets c. a vertical set of cells in a spreadsheet d. chronological listings of facts of a case Answer: b Objective: Create, edit and save a spreadsheet.

299

Page Numbers: pp. 173-183 Level: Intermediate 5. A row is a: a. vertical set of cells in a spreadsheet b. computerized format utilizing a series of 1s and 0s c. horizontal set of cells in a spreadsheet d. a template Answer: c Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Intermediate 6. A label can be entered by typing it in a cell or by selecting the cell and: a. typing it in the toolbar. b. copying it and pasting it under Favorites. c. allowing computers to connect to other computers. d. typing it in the property bar Answer: d Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: 177 Level: Intermediate 7. Most office suite applications can be password controlled: a. by the IT department. b. only if you request it. c. for security. d. by a remote login device.

Answer: c Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: 182 Level: Difficult 8. Data in a spreadsheet can be explained in the form of: a. a database. b. a memo of law. c. an embedded file. d. a graph.

Answer: d Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: 185 Level: Intermediate

300

9. The ________ spreadsheet, when laid out in a format acceptable to the court, can be printed without re-entering the data, or copied into Word documents. a. multipurpose b. computerized c. individualized d. client’s Answer: b Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: 170 Level: Intermediate 10. Microsoft offers a number of online ________ as a resource for learning and using electronic spreadsheets. a. sample programs b. tutorials c. help operators d. vendors Answer: b Objective: Find resources for learning how to use a spreadsheet and its features.

Page Numbers: pp. 170-173 Level: Intermediate 11. The first step in creating a basic spreadsheet is to: a. enter a formula b. create the column labels c. decide what you want the spreadsheet to show or calculate d. click the start button Answer: c Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Difficult 12. Electronic spreadsheets can be used for very simple operations, like adding two numbers, or ________ functions, like calculating the present or future value of a number. a. Intermediate-level b. complex c. reasonable d. impossible Answer: b Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: 173 Level: Intermediate

301

13. Many offices save spreadsheet ________ in the same way that sample word processing documents are saved for future use. a. templates b. programs c. information d. formulas Answer: a Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: 179 Level: Basic 14.

The changes and updates to existing spreadsheet programs are often made to maintain ________, but minimize the number of ________ required. a. features; functions b. formulas; keystrokes c. functions; keystrokes d. keystrokes; functions Answer: c Objective: Find resources for learning how to use a spreadsheet and its features.

Page Numbers: pp. 170-173 Level: Intermediate

15. Many areas of legal practice involve calculating and presenting ________ information a. discoverable b. financial c. case law d. updated Answer: b Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: 169 Level: Intermediate 16. Although many spreadsheet templates are available for download, the user should always check for ________ before downloading or installing them. a. compatibility b. expiration dates c. viruses d. pricing information Answer: a Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: 180 Level: Intermediate 17. Resources for learning to use electronic spreadsheets include: 302

a. online search engines b. online tutorials c. online templates d. all of the above Answer: d Objective: Find resources for learning how to use a spreadsheet and its features.

Page Numbers: pp. 170-173 Level: Basic 18. A ___________ and a __________ can be entered or changed by editing it in the Excel formula bar. a. label, formula b. template, tutorial c. CPU, label d. RAM, template Answer: a Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: 186 Level: Intermediate 19. In Quattro Pro, the property bar is the area at the top of the spreadsheet for: a. entering formulas and data into the Network. b. entering time and billing information for client matters. c. entering formulas and data into spreadsheet cells. d. entering facts and issues of the client’s case.

Answer: c Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: 170 Level: Intermediate Chapter 6 True-False 1. Most software vendors provide help in learning how to use their software. a. True b. False Answer: True Objective: Find resources for learning how to use a spreadsheet and its features Page Numbers: pp. 170-173 Level: Intermediate 2. A document, in its most basic form, is any two items with some mathematical relationship, with the result presented in a specific location called a cell. a. True b. False 303

Answer: False Objective: Create, edit and save a spreadsheet Page Numbers: pp. 173-183 Level: Intermediate 3. A spreadsheet can simplify the task of making computations. a. True b. False Answer: True Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Intermediate 4. The cell in which an answer will be calculated does not need to contain the desired formula. a. True b. False Answer: False Objective: Create, edit and save a spreadsheet Page Numbers: pp. 173-183 Level: Intermediate 5. The formulas used in spreadsheets can be very simple or can be complex. a. True b. False Answer: True Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Intermediate 6. Offices do not save spreadsheet templates in the same way they save sample word processing documents for future use. a. True b. False Answer: False Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Intermediate 7. Data in a spreadsheet is rarely better expressed in the form of a graph a. True b. False Answer: False Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 304

Level: Basic 8. In Excel, a selection of cells can be converted to a graph using the Insert tab’s Charts tools. a. True b. False Answer: True Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Basic 9. In a spreadsheet, the cell is the box at the intersection of a row and a column for text or numerical data. a. True b. False Answer: True Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Intermediate 10. Spreadsheets have standard terms to describe their parts, such as rows, columns, cells, formula bar, active cell, formula and workbooks a. True b. False Answer: True Objective: Create, edit, and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Intermediate 11. Most office suite applications cannot be password-controlled for security. a. True b. False Answer: False Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Intermediate 12. Each spreadsheet has a choice of tools and features that may be displayed on the toolbars for quick use. a. True b. False Answer: True Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Intermediate 305

13. Just as a formula can be entered or changed by editing it in the property bar, so can a label. a. True b. False Answer: True Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Difficult 14. A column is a horizontal set of cells in a spreadsheet. a. True b. False Answer: False Objective: Create, edit and save a spreadsheet Page Numbers: pp. 173-183 Level: Basic 15. A cell is a collection of worksheets a. True b. False Answer: False Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Intermediate Chapter 6 Fill in the Blank 1. In a spreadsheet, the __________ is the box at the intersection of a row and a column for text or numerical data.

Answer: Cell Objective: Create, edit and save a spreadsheet Page Numbers: pp. 173-183 Level :Intermediate 2. A ______________ in its most basic form is any two items with some relationship that is acted upon mathematically, with the result presented: Answer: spreadsheet Objective: Create, edit and save a spreadsheet Page Numbers: pp. 173-183 Level: Intermediate 3. A horizontal set of cells in a spreadsheet is called a ____________.

306

Answer: row Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: Basic 4. In Excel, the area at the top of the ________ for entering formulas and data into a spreadsheet is called the formula bar.

Answer: spreadsheet Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 184-185 Level: Basic 5. A ________ is a vertical set of cells in a spreadsheet.

Answer: column Objective: Create, edit and save a spreadsheet.

Page Numbers: pp. 173-183 Level: basic 6. A collection of worksheets is called a _____________.

Answer: workbook Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 184-185 Level: difficult 7. Data in a spreadsheet can be explained in the form of _____________.

Answer: graphs Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 184-185 Level: difficult 8. __________, will add up the selected cells in any row or column without the user needing to type any formula.

Answer: AutoSum Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 184-185 Level: Intermediate 9. Each spreadsheet has tools and features that are displayed on _____________.

307

Answer: toolbars Objective: Create, edit and save spreadsheets.

Page Numbers: pp. 173-183 Level: Difficult 10. Many offices save spreadsheet _____________ in the same way they save sample word processing documents for future use.

Answer: templates Objective: Use some of the special features of spreadsheets, including graphics Page Numbers: pp. 184-185 Level: Intermediate 11. Spreadsheets use basic __________ for math functions.

Answer: symbols Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 184-185 Level: Intermediate 12. Any selection of cells can be converted to a _________ using the Chart tool.

Answer: graph Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 184-185 Level: Intermediate 13. Excel ________ is opened from within an Excel file by clicking on the question mark symbol that opens a collection of options.

Objective: Find resources for learning how to use a spreadsheet and its features.

Page Numbers: pp. 170-173 Level: Basic Chapter 6 Matching 1. row 2. workbook

a. This feature is opened from within an Excel file by clicking on the question mark symbol that opens a collection of options. b. Introduced in the user interface of Microsoft Excel

3. symbols

c. In Quattro Pro, this appears above the column letters and is a contextsensitive set of commands.

4. spreadsheet

d. the area at the top of the spreadsheet for entering formula and data

308

5. cell

e. a collection of worksheets.

6. ribbon design 7. the formula bar

f. a spreadsheet of complex calculations used in estate planning

8. what-if tables

h. the cell currently being used in a spreadsheet

9. Excel Help

i. a box at the intersection of a row and column where text or numerical data is entered.

10. property bar

j. a vertical set of cells

11. active cell

k. any two items with some relationship that is acted upon mathematically, with the result presented in a third location

12. column

l. used by spreadsheets to perform math functions.

g. a horizontal set of cells.

1. g 2. e 3. l 4. k 5. i 6. b 7. d 8. f 9. 1 10. c 11. h 12. j Objective: n/a Page Numbers: n/a Level: Basic Chapter 6 Essay

309

1. Explain how spreadsheets can streamline routine paperwork in a specialized law practice, such as a residential real-estate practice. What software is available, and how can it improve efficiency?

Answer: Specialty software is available for specific practice applications. For example, SoftPro prepares all the forms and documents necessary for a real estate transaction, with a single data entry screen. Similar programs exist for income taxes, or death and inheritance taxes.

Objective: Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 184-185 Level: Basic 2. How can the legal team avoid ethical problems with sensitive information in Excel?

Answer: Most applications, such as Excel, can be password-controlled for security. As with other Office programs, a number of security options are offered, including inspections of the document for hidden metadata, as well as the ability to encrypt the file with a password, or to restrict the ability to change or edit a document.

Objective: Create, edit and save a spreadsheet Page Numbers: pp. 173-183 Level: Intermediate 3. Explain how to find resources for learning how to use a spreadsheet and its features.

Answer: Every program has some level of instruction or help available. This help may be in the form of online resources including updates, tutorials, and answers to frequently asked questions. Almost all spreadsheets have built-in learning resources such as user guides and instructions.

Objective: Find resources for learning how to use a spreadsheet and its features Page Numbers: pp. 170-173 Level: Intermediate Chapter 6 Critical Thinking 1. Luke Jacob's personal injury practice has continued to grow. However, he and his assistant waste valuable time filling out the settlement statements by hand. These statements are virtually identical in each transaction, varying only in the amounts of a fixed set of figures. How can they use technology to streamline this process?

Answer: They can create a spreadsheet template with all of the formulas and data fields prepared ahead of time. This template is saved in a bank of templates to be reused each time.

The data from the template, once completed for a specific transaction, can then be transferred into the appropriate settlement statement. The data can also be transferred into other related documents needed when the case is closed, such as client letters.

Objective: Use some of the special features of spreadsheets, including graphics 310

Page Numbers: pp. 184-185 Level: Intermediate 2. Jack Parsons is preparing for a settlement conference with Greenway Chemicals, the company accused of poisoning his clients. The settlement figure involves many different factors, such as medical expenses, pain and suffering, lost wages, punitive damages, and legal fees and costs. Although he had already worked out a bottom-line figure with his clients before going into the conference, he needs a way to be able to quickly calculate the figures as the conference progresses and alternative amounts are discussed. What technology would help Jack have these calculations and figures at his fingertips?

Answer: Jack should create a spreadsheet with columns for each factor or variable in the ultimate settlement. The spreadsheet would specify a formula with variables for the different disputed figures. As the settlement is negotiated, Jack can make changes to these variables and instantly view the total figure. The spreadsheet can also have separate rows, or even worksheets to display alternative hypothetical settlements simultaneously.

Objective: Create, edit and save a spreadsheet; Use some of the special features of spreadsheets, including graphics.

Page Numbers: pp. 173-185 Level: Intermediate

311

CHAPTER 7 Electronic Databases Chapter 7 Multiple Choice 1. A database is: a. a specifically designed file with information about legal specialty needs. b. information about a person or item c. a repository of information of all types that can be sorted and presented d. a repository of all client files and lists Answer: c Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Intermediate 2. Databases organize information in________ that contain fields of data a. records b. columns c. cells d. tables Answer: d Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Intermediate 3.Reports show the data from a database: a. in an organized presentation b. in two or more tables c.in a file for archiving purposes d. in a single-column format Answer: a Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Intermediate 4. A database in a law office may contain: a. opposing attorneys and parties b. employees of the firm c. clients of the firm d. all of the above Answer: d Objective: Explain how databases may be used by the legal team.

Page Numbers: pp. 219-221 Level: Intermediate 312

5. In the ________, the fields listed in a column are the same fields as in ___ a. change view, table layout view b. design view, table layout view c. change view, sample layout view d. design view, sample layout view Answer: b Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 6. Standardized terminology used to describe parts of the database, such as table, field, cell, and record, are: a. used only in specialized legal databases. b. outdated, and no longer used. c. used only among networked databases. d. used in most current electronic databases Answer: d Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 7. The first step in creating a client database is to: a. determine what pieces of information need to be collected about each client. b. turn the entire task over to a member of the IT staff. c. interview every client of the law firm. d. create an intake form for collecting the information Answer: a Objective: Explain how to plan and set up a database.

Page Numbers: pp. 221-224 Level: Difficult 8. ________ provides options for a password and permission level setup that can be used to restrict access. a. a database. b. a memo of law. c. an embedded file. d. a graph.

Answer: a Objective: Explain how to plan and set up a database.

Page Numbers: pp. 221-224 Level: Intermediate 9. Password and security options are found: 313

a. on most programs in the legal community b. only in computers used by the military or law enforcement c. only on specific types of business computers d. in a few advanced level programs Answer: a Objective: Explain what can be done to protect data and computer systems Page Numbers: pp. 224-225 Level: Intermediate 10. The modern computer database is: a. a very powerful engine, capable of performing research inquiries b. a very powerful tool, capable of performing complex searches and calculations c. useful for finding case law. d. useful for finding client cases Answer: b Objective: Explain how to plan and set up a database Page Numbers: pp. 221-224 Level: Intermediate 11. Alternate ways of viewing and presenting the information in a database are by a: a. record b. table c. form d. field Answer: c Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Difficult 12. In a database, the information in a horizontal row is known as a: a. field b. record c. form d. table Answer: b Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 13. Data that is organized in a format of horizontal rows and vertical columns is a: a. form b. field c. table d. formulas 314

Answer: c Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Basic 14.

Software vendors have created applications for the legal community, and have custom designed the ________ views for input of legal information. a. form b. legal c. clear d. electronic Answer: a Objective: Explain how databases may be used by the legal team Page Numbers: pp. 219-221 Level: Intermediate

15. A ________ is all the information about one item or person. a. field b. record c. table d. form Answer: b Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 16. A database in a law firm usually contains ________ information. a. confidential b. unnecessary c. questionable d. disorganized Answer: a Objective: Explain what can be done to protect data and computer systems Page Numbers: pp. 224-225 Level: Intermediate 17. In a law firm, the electronic database has taken the place of: a. the trial notebook b. sophisticated fact retrieval c. a file of information cards d. the court calendar Answer: c Objective: Explain how databases may be used by the legal team.

Page Numbers: pp. 219-221 315

Level: Basic 18. In setting up security features on a database, the need to protect information must be balanced against the: a. cost of additional security b. time used by the legal team in setting up security features c. need for access to the information d. limitations of the security features offered by the software Answer: c Objective: Explain what can be done to protect data and computer systems.

Page Numbers: pp. 224-225 Level: Intermediate 19. Microsoft offers a number of online ________ as a resource for learning and using electronic spreadsheets. a. sample programs b. tutorials c. help operators d. vendors Answer: b Objective: Find resources for learning how to use a database program and its features.

Page Number: p. 221 Level: Intermediate 20. Resources for learning to use an electronic database include: a. online search engines b. online tutorials c. online templates d. all of the above Answer: d Objective: Find resources for learning how to use an electronic database and its features.

Page Number: p. 221 Level: Intermediate Chapter 7 True-False 1. A spreadsheet is a repository of information that can be sorted and displayed in a meaningful manner. a. True b. False Answer: False Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Intermediate 316

2. Computerized database software can be used an alternative to a manual card system used to keep track of the names of clients and opposing parties. a. True b. False Answer: True Objective: Explain how databases may be used by the legal team.

Page Numbers: pp. 219-221 Level: Intermediate 3. There are very few database specialty application programs for managing litigation. a. True b. False Answer: False Objective: Explain how databases may be used by the legal team.

Page Numbers: pp. 219-221 Level: Intermediate 4. Databases organize information in records containing fields of information or data. a. True b. False Answer: False Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Difficult 5. A record is all the information about one item or person. a. True b. False Answer: True Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Intermediate 6. Databases are similar to filing cabinets which use a file drawer for a specific class of information a. True b. False Answer: True Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Intermediate 7. The basic elements of a database include fields, records and cells.

317

a. True b. False Answer: True Objective: Explain how to plan and set up a database Page Numbers: pp. 221-224 Level: Basic 8. Databases usually cannot organize data into two or more tables. a. True b. False Answer: False Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Basic 9. Reports present the data from the database in an organized, readable presentation. a. True b. False Answer: True Objective: Explain how to plan and set up a database Page Numbers: pp. 221-224 Level: Intermediate 10. One of the advantages of the modern database is the ability to search across a number of different sets of information and sort the data according to a predefined set of relationships. a. True b. False Answer: True Objective: Explain how to plan and set up a database Page Numbers: pp. 221-224 Level: Intermediate 11. In most Microsoft Word documents, predefined reports may be generated that search across different databases used within that program. a. True b. False Answer: False Objective: Explain how to plan and set up a database.

Page Numbers: pp. 221-224 Level: Intermediate 12. A database cannot be created from an excel spreadsheet. a. True b. False 318

Answer: False Objective: Explain how to plan and set up a database Page Numbers: pp. 221-224 Level: Intermediate 13. Creating a customized database always begins with knowing what data needs to be organized and deciding what fields will be used to organize that data. a. True b. False Answer: True Objective: Explain how to plan and set up a database Page Numbers: pp. 221-224 Level: Difficult 14. In a database, the information in a horizontal row is called a graph a. True b. False Answer: False Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Basic 15. In a database, the information in vertical columns is called a field. a. True b. False Answer: True Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 16. In setting up security features on a database, the need to protect information must be balanced against the need for access to the information. a. True b. False Answer: True Objective: Explain what can be done to protect data and computer systems.

Page Numbers: pp. 224-225 Level: Intermediate 17. Resources for learning to use electronic databases include online search engines and online tutorials.

Answer: True Objective: Find resources for learning how to use a database program and its features.

Page Numbers: p. 221 319

Level: Intermediate 18. Step-by-step tutorials for learning to create and use databases are provided on the Microsoft Access program Help feature.

Answer: True Objective: Find resources for learning how to use a database program and its features.

Page Numbers: p. 221 Level: Intermediate 19. Passwords and other security options are found on most programs used in the legal community. a. True b. False Answer: True Objective: Explain what can be done to protect data and computer systems.

Page Numbers: pp. 224-225 Level: Intermediate Chapter 7 Fill in the Blank 1. A repository of information that can be sorted and displayed in a meaningful manner is called a __________________.

Answer: Database Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Intermediate 2. Virtually every specialty application for managing litigation is a __________, such as LexisNexis CaseMap. Answer: database Objective: Explain how databases may be used by the legal team Page Numbers: pp. 219-221 Level: Intermediate 3. Databases organize information in _________ containing fields of information.

Answer: tables Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: Basic 4. _____________ present the data from the database in an organized, readable presentation.

Answer: reports Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 320

Level: Basic 5. A ________ contains one type of information, such as last names.

Answer: field Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: basic 6. Databases may organize data in two or more _________, each of which will contain a particular category of information Answer: tables Objective: Describe the function of a database and identify its components Page Numbers: pp. 216-219 Level: difficult 7. Decks of cards used to be used in law firms to keep client data. These cards have been replaced by computerized _______ Answer: databases Objective: Explain how databases may be used by the legal team.

Page Numbers: pp. 219-221 Level: difficult 8. In most specialty software programs, predefined _________ may be generated that search across different databases used within that program.

Answer: reports Objective: Explain how databases may be used by the legal team Page Numbers: pp. 219-221 Level: Intermediate 9. In Access, a database may be started by opening a blank ________, to which the desired fields are added.

Answer: table Objective: Explain how to plan and set up a database.

Page Numbers: pp. 221-224 Level: Difficult 10. Databases are collections of _______________ Answer: tables Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 11. A database at its most basic is a set of records that contain ________ of information.

Answer: fields 321

Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 12. In a database, the information in a horizontal row is called a __________ Answer: record Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Intermediate 13. Where the data is of a ________ or privileged nature, a secure procedure can be implemented for limiting access only to those who need the data.

Answer: confidential Objective: Explain what can be done to protect data and computer systems.

Page Numbers: pp. 224-225 Level: Intermediate 14. Step-by-step tutorials for learning to create and use databases are provided on the Microsoft Access program _____ feature.

Answer: Help Objective: Find resources for learning how to use a database program and its features.

Page Numbers: p. 221 Level: Intermediate Chapter 7 Matching 1.database 2. tables 3. field

a. An alternative way of viewing and presenting the information in a database. b. present the data from the database in an organized, readable presentation. c. this tab allows the user to create a database from an Excel spreadsheet.

4. form views

d. a specialized database feature that allows the application to search across different databases used within the program.

5. cell

e. databases organize information into these which contain fields of data.

6. record

f. this contains one type of information such as last names.

322

7. reports

g. one field in a record

8. external data tab

h. a way to protect data

9. predefined reports

i. A repository of information that can be sorted and displayed in a meaningful manner.

10. CaseMap

j. all the information about one item or person

11. Microsoft Access

k. One of the major database software programs

12. Encrypt

l. A specialized database application for the legal field

1. i pg. 215 2. e pg. 216 3. f Pg. 216 4. a Pg. 216 5. g Pg. 225 6. j Pg. 216 7. b Pg. 226 8. c Pg. 223 9. d Pg 219 10. l Pg 221 11. k Pg 215 12. h Pg 225 Objective: n/a Page Numbers: n/a 323

Level: Basic Chapter 7 Essay 1. Using MS Access, Kate Sandberg has accumulated a large database of client contacts while building her practice over the past 10 years. How can she use this data to market her practice?

Describe at least two ways in which the information can be used.

Answer: The database is integrated with Word, so that the database can be used to create a mail merge with form letters created in Word. The database entries may include information about the subject matter of the client's prior case. Whenever Kate learns of an important development in that subject area, she can use it as an opportunity to send information about that update to clients who have had matters in that area. This allows her to reconnect with these clients and demonstrate her continuing expertise. The database can also be used to send out holiday cards, birthday greetings, and other mailings.

Objective: Describe the function of a database and identify its components.

Page Numbers: pp. 216-219 Level: Basic 2. How can the legal team avoid ethical problems with sensitive information in a database?

Answer: Most applications, such as Access, can be password-controlled for security. As with other Office programs, a number of security options are offered, including the ability to encrypt the file with a password, or to restrict the ability to change or edit a document.

Objective: Explain what can be done to protect data and computer systems.

Page Numbers: pp. 224-225 Level: Intermediate 3. Explain how databases may be used by the legal team.

Answer: A modern database is a very powerful tool, capable of performing complex searches and calculations. Some applications allow the law office staff to use a database for managing cases, client contacts, client conflicts, billing, and litigation support. These programs are userfriendly, allowing members of the legal team to enter relevant information into input forms. When creating a customized database, a good start is deciding what data needs to collected and organized. For example, the user should decide what pieces of information should be collected in each client record. Databases are usually built by the IT staff, but the legal team must communicate to them what the database needs to accomplish.

Objective: Explain how databases may be used by the legal team Page Numbers: pp. 219-221 Level: Intermediate Chapter 7 Critical Thinking

324

1. Jack Parsons had been in the practice of law for nearly 20 years. During that time, he accumulated a file of hundreds of cards, each containing the name of a client, adversary, or party, along with addresses, phone numbers, case numbers, and other identifying information.

One of the most important uses of this file is to check for conflicts. However, due to human error, potential conflicts occasionally have been missed. How can he use current database technology to replace this outdated system? Explain how such a system would be implemented.

Answer: The same client information can be entered into individual records in a database such as Access. When client information is initially collected at an intake interview, the information can be entered in predefined fields in the database. A search query for specific client names or matters can be used to produce a report that displays any potential conflicts.

Objective: Explain how databases can be used by the legal team.

Page Numbers: pp. 219-221 Level: Intermediate 2. Jack keeps his client card file locked in a secure file cabinet in his office. He allows personnel in the office to access it only when a conflict check needs to be performed, or a new client needs to be added to the file. He is concerned that a computer database would be too easily accessible, and confidential client information could be revealed. What safeguards are available if he changes to a computer database?

Answer: Passwords and other security options are found on most database programs used by the legal community. Many specialty applications programs used in law offices are themselves database programs, with input and report features. Where the data is of a confidential or privileged nature, a secure procedure can be implemented for limiting access only to those who need the data. For example, in Access, records can be encrypted and locked with a password that can be easily changed, or made available to those who must access the information.

Objective: Explain what can be done to protect data and computer systems.

Page Numbers: pp. 224-225 Level: Intermediate

325

CHAPTER 8 Utilities, Applications and Tools Chapter 8 Multiple Choice 1. The following is a file format for electronically saving document files: a. CPU b. RAM c. ABA d. PDF Answer: d Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 2. The following is not a requirement for an acceptable digital document format: a. device independence b. readable by Microsoft Excel c. self-containment d. use of standards-based metadata Answer: b Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 3. The PDF format is the most frequently used format: a. to organize data into presentable reports b. to make financial calculations c. to edit documents d. for web-based government forms Answer: d Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 4. The following is an example of a graphic image file: a. PDF b. CPU c. RAM d. TIFF Answer: d 326

Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 5. Removing information from a document is called: a. labeling b. reviewing c. bates stamping d. redacting Answer: d Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 6. OCR technology a. allows a user to insert an electronic signature b. is the most common format to share documents c. is used only among networked databases d. is an application that converts documents to a format that allows for searching.

Answer: d Objective: Explain the uses of scanning and optical character recognition software in the law office.

Page Numbers: pp. 239-241 Level: Intermediate 7. File compression software: a. determines what pieces of information need to be collected about each client. b. reduces the file size without loss of data. c. converts documents to a format that allows for searching d. create an intake form for collecting information Answer: b Objective: Describe the process of opening and saving a document using compression and uncompression (ZIP/UNZIP) software Page Numbers: pp. 241-242 Level: Difficult 8. The following is a type of file compression software. a. OCR b. WinZip c. RAM d. PDF Answer: b 327

Objective: Describe the process of opening and saving a document using compression and uncompression (ZIP/UNZIP) software Page Numbers: pp. 241-242 Level: Intermediate 9. The availability of internet services like SKYPE and AppleTalk have enabled almost anyone to: a. edit documents b. electronically file documents c. videoconference d. none of the above Answer: c Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 10. A Virtual Law Office is a phrase used to describe a. a very powerful engine, capable of performing research inquiries b. a law practice that exists online c. a modern research tool d. a fictitious law firm Answer: b Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 11. Paper documents may be converted to electronic format by use of: a. scanners b. drivers c. forms d. fields Answer: a Objective: Explain the uses of scanning and optical character recognition software in the law office Page Numbers: pp. 239-241 Level: Difficult 12. A file structure defined by the original creating application is called a: a. graphic interface format b. TIFF c. PDF d. Native Format Answer: d

328

Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 13. The use of the Internet does not change the requirement that a person be properly licensed to practice law in a ________ before rendering legal advice to anybody within the state: a. form b. field c. jurisdiction d. office Answer: c Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Basic 14.

Encryption programs use mathematical formulas called __________ to scramble documents. a. forms b. algorithms c. computations d. formulas Answer: b Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Intermediate

15. Cloud data storage is: a. used to make documents searchable b. the most valuable type of file compression software c. the saving of data remote servers using the Internet d. a form used to complete a database Answer: c Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 16. Cloning software is a method of _________ data a. backing up b. redacting c. bates numbering d. encrypting Answer: a Objective: Back up your computer and improve its performance Page Numbers: pp. 249-251 329

Level: Intermediate 17. Virtual law offices present new issues in protecting the __________ of client information transmitted or available over the internet. a. veracity b. confidentiality c. candor d. fairness Answer: b Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 18. The ability to save documents in a format that cannot be ___________ is one of the basic requirements of a system that allows for electronic documentation. a. filed quickly b. read easily c. easily changed d. transferred quickly Answer: c Objective: Explain the features and uses of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 19. Where a client has only paper documents, these can be converted to electronic documents using a. routers b. printers c. modems d. scanners Answer: d Objective: Explain the uses of scanning and optical character recognition software in the law office.

Page Numbers: pp. 239-241 Level: Intermediate 20. When encryption is used to protect data, a. it is impossible for anyone other than the creator of the data to access data. b. only those with a secret code can enter the database to access information. c. it cannot be destroyed by a power surge. d. it cannot be accidentally deleted.

Answer: a Objective: Describe the need and methods for protecting client data.

Page Numbers: pp. 242-247 330

Level: Intermediate 21. The danger in using electronic transmission is the potential access of the data by _________. a. paralegals b. legal secretaries c. attorneys d. unauthorized parties Answer: d Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Intermediate 22. __________ technology essentially permits a user to put a lock around his or her information to protect it from being discovered by others. a. OCR b. encryption c. VoIP d. PDF Answer: b Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Intermediate 23. In every law office there are certain documents that are fairly standardized or contain language that is always used, sometimes called: a. specialized b. encryption c. boilerplate d. PDF Answer: c Objective: Explain how document assembly programs increase efficiency and productivity Page Numbers: pp. 247-249 Level: Intermediate 24. The following document assembly program allows automatic insertion of variables into a template: a. HotDocs b. PDF c. VoIP d. Access Answer: a Objective: Explain how document assembly programs increase efficiency and productivity 331

Page Numbers: pp. 247-249 Level: Intermediate 25. ________ data storage is the saving of data on remote servers using the Internet. a. Access b. PDF c. ZIP d. cloud Answer: d Objective: Explain the use of and issues with the Internet for saving files.

Page Numbers: pp. 252-254 Level: Intermediate 26. The following is an example of a free cloud-based server: a. Access b. Dropbox c. Excel d. PDF Answer: b Objective: Explain the use of and issues with the Internet for saving files.

Page Numbers: pp. 252-254 Level: Intermediate 27. The _________ tool checks the hard drive and reassembles the programs and data in a more efficient location a. defragment b. redacting c. bates numbering d. encrypting Answer: a Objective: Back up your computer and improve its performance Page Numbers: pp. 249-251 Level: Intermediate Chapter 8 True-False 1. PDF has become a standard format for sharing documents. a. True b. False Answer: True Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate

332

2. One of the basic requirements of a system of electronic documentation is the ability to save documents in a format that cannot be easily changed. a. True b. False Answer: True Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 3. Bates numbering refers to the process of removing information from documents. a. True b. False Answer: False Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 4. Some versions of PDF software allow a user to automatically add Bates Numbers. a. True b. False Answer: True Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Difficult 5. A TIFF is the most commonly used format for sharing documents. a. True b. False Answer: False Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 6. OCR is a type of file compression software a. True b. False Answer: False Objective: Describe the process of opening and saving a document using compression and uncompression (ZIP/UNZIP) software Page Numbers: pp. 241-242 Level: Intermediate 333

7. The danger in using electronic transmission is the potential access by unauthorized parties of the data. a. True b. False Answer: True Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Basic 8. OCR technology essentially permits a user to put a lock around his or her information to protect it from being discovered by others. a. True b. False Answer: False Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Basic 9. Document assembly software allows for the automatic insertion of variables into a template. a. True b. False Answer: True Objective: Explain how document assembly programs increase efficiency and productivity.

Page Numbers: pp. 247-249 Level: Intermediate 10. There is only one universally accepted way to back up computers and data. a. True b. False Answer: False Objective: Back up your computer and improve its performance Page Numbers: pp. 249-251 Level: Intermediate 11. Maintaining the team approach in working on cases requires the use of a variety of collaboration methods to replace traditional face to face conferences and on-site storage of files. a. True b. False Answer: True Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 334

12. A virtual law office is a phrase used to describe a legal practice that exists online. a. True b. False Answer: True Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 13. A file structure defined by the original creating application is called a graphic interface format. a. True b. False Answer: True Objective: Explain the features and uses of a PDF format software in legal practices.

Page Numbers: pp. 230-238 Level: Difficult 14. Scrambling documents using algorithms is called file compression. a. True b. False Answer: False Objective: Describe the process of opening and saving a document using compression and uncompression (ZIP/UNZIP) software Page Numbers: pp. 241-242 Level: Basic 15. Virtual law offices present new issues in protecting the confidentiality of client information transmitted or available over the Internet. a. True b. False Answer: True Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 16. Many offices, when closing files, scan existing documents into an electronic format for the purpose of archiving them and then destroy the original paper copies. a. True b. False Answer: True Objective: Explain the uses of scanning and optical character recognition software in the law office.

Page Numbers: pp. 239-241 335

Level: Basic 17. OCR technology can be used to create a full-text, searchable version of a graphic image document. a. True b. False Answer: True Objective: Explain the uses of scanning and optical character recognition software in the law office.

Page Numbers: pp. 239-241 Level: Basic 18. A scanner requires document assembly programs to process the scanned image, whether to an archived format or an editable format. a. True b. False Answer: False Objective: Explain how document assembly programs increase efficiency and productivity.

Page Numbers: pp. 247-249 Level: Difficult 19. Cloud data storage is the saving of data on remote servers using the Internet. a. True b. False Answer: True Objective: Explain the use of and issues with the Internet for saving files.

Page Numbers: pp. 252-254 Level: Basic 20. Cloud storage eliminates the need to support and maintain in-house storage servers. c. True d. False Answer: True Objective: Explain the use of and issues with the Internet for saving files.

Page Numbers: pp. 252-254 Level: Intermediate 21. An OCR tool checks the hard drive and reassembles the programs and data in a more efficient location a. True b. False Answer: False Objective: Back up your computer and improve its performance Page Numbers: pp. 249-251 Level: Intermediate 336

Chapter 8 Fill in the Blank 1. The creator of a PDF, by adding a ____________, can limit the availability of the receiver of the PDF file to edit or print the document in newer versions of the software.

Answer: password Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level :Intermediate 2. A _________ is a file format for electronically saving document files invented by Adobe.

Answer PDF Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 3. A TIFF is an example of a _________ image file.

Answer: graphic Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Basic 4. __________________ refers to a numbering protocol named after the mechanical device.

Answer: bates numbering Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Basic 5. The process of removing information is called ____________.

Answer: redaction Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: basic 6. In an effort to reduce paper files, many offices when closing files ________ existing documents into an electronic format for the purpose of archiving the document and then destroying the original paper copy.

Answer: scan

337

Objective: Explain the uses of scanning and optical character recognition software in the law office Page Numbers: pp. 239-241 Level: difficult 7. _________ technology can be used to create a full-text, searchable version of a graphic image document.

Answer: OCR Objective: Explain the uses of scanning and optical character recognition software in the law office Page Numbers: pp. 239-241 Level: difficult 8. Scanners and computers communicate using applications called ___________ that control the signals between the devices.

Answer: drivers Objective: Explain the uses of scanning and optical character recognition software in the law office Page Numbers: pp. 239-241 Level: Intermediate 9. File _______________ software electronically reduces a file’s size without a loss of data.

Answer: compression.

Objective: Describe the process of opening and saving a document using compression and uncompression (ZIP/UNZIP) software Page Numbers: pp. 241-242 Level: Difficult 10. _____________ technology essentially permits a user to put a lock around his or her information to protect it from being discovered by others.

Answer: encryption Objective: Explain the uses of scanning and optical character recognition software in the law office Page Numbers: pp. 239-241 Level: Intermediate 11. Document ________________ software allows for the automatic insertion of variables into a template.

Answer: assembly Objective: Explain how document assembly programs increase efficiency and productivity.

Page Numbers: pp. 247-249 Level: Intermediate

338

12. Software that is used to create a mirror duplicate of the hard drive that includes the operating system, program files and data is called ___________.

Answer: cloning software Objective: Back up your computer and improve its performance Page Numbers: pp. 249-251 Level: Intermediate 13. ________ storage eliminates the need to support and maintain in-house storage servers Answer: Cloud Objective: Explain the use of and issues with the Internet for saving files.

Page Numbers: pp. 252-254 Level: Intermediate 14. Virtual law offices present new issues in protecting the___________ of client information transmitted or available over the Internet.

Answer: confidentiality Objective: Explain the use of internet-based collaboration tools Page Numbers: pp. 254-257 Level: Intermediate 15. __________ technology essentially permits a user to put a lock around his or her information to protect it from being discovered by others.

Answer: Encryption Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Basic

339

Chapter 8 Matching 1.PDF

a. a numbering protocol named after a mechanical device.

2. TIFF

b. the saving of data on remote servers using the Internet

3. Bates Numbering

c. a law practice that exists online

4. redaction

d. a file format for electronically saving document files invented by Adobe.

5. OCR technology

e. a type of document assembly program

6. file compression software

f. Software that is used to create a mirror duplicate of the hard drive that includes the operating system, program files and data

7. WinZip

g. a graphic image file

8. Encryption software

h. electronically reduces a file size without the loss of data.

9. HotDocs

i. creates a full-text, searchable version of a graphic image document.

10. Cloning software

j. a type of file compression software

11. Cloud Data Storage

k. use mathematical formulas called algorithms to scramble documents.

12. Virtual Law Office

l. the process of removing information from a document.

1. d 2. g 3. a 4. l 5. i 6. h 7. j 8. k 9. e 10. f 340

11. b 12. c Objective: n/a Page Numbers: n/a Level: Basic Chapter 8 Essay 1. What are some of the advantages of a PDF format?

ANSWER: By converting the text document into a digital image, it can be read by another person regardless of whether they have the same software that created the document. PDFs are also more secure because they cannot be altered by the recipient. For this reason, they are the preferred method for e-filing documents with the court.

Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate 2. How can client confidentiality be protected when using the Internet?

ANSWER: Encryption programs use algorithms to scramble data that is sent over the Internet.

Passwords and encryption keys prevent unauthorized persons from reading the data.

Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Basic 3. Explain how to create a document using a document assembly program.

ANSWER: In every law office there are certain documents that are fairly standardized or contain language that is always used, sometimes called “boilerplate.” A document assembly program allows automatic insertion of the variables into a template. The program first requires the creation of the basic template with the variable terms identified. After the template is created, the input variable form is all that is needed to create the personalized document.

Objective: Explain how document assembly programs increase efficiency and productivity.

Page Numbers: pp. 247-249 Level: Intermediate Chapter 8 Critical Thinking 1. For many years, Jack Parsons used only conventional mail or couriers to send confidential documents to clients. He is wary of using email or the Internet for sending or sharing information, and is very concerned about the possibility that electronic communication may result in leaks of privileged or confidential documents. What precautions can Jack take to make sure that email and its attachments are kept secure?

341

Answer: Encryption programs use algorithms to scramble data that is sent over the Internet.

Passwords and encryption keys can prevent unauthorized persons from reading the data.

Encryption technology can also be used when sending files via email. A password is required by the recipient to de-scramble the file upon receipt.

Objective: Describe the need and methods for protecting client data Page Numbers: pp. 242-247 Level: Basic 2. The local court system in the county where Jack Parsons practices has just implemented an electronic filing system and a document management system, identical to the federal CM/ECF and PACER systems. However, the courts give the attorneys the option of filing electronically, or filing conventional paper documents with the clerk. Jack has never filed anything electronically before, and is cautious about trying this new method. He is about to submit his briefs for a motion for summary judgment that could resolve an important case. He had expressed his concern that once filed, the documents could become “lost” or altered. The court system accepts filing in the PDF/A format. Should Jack file electronically, or use paper? Explain your choice.

Answer: Jack should use electronic filing. Filing will save valuable time, allowing the filing to be done instantly from the office, without having to go to the courthouse. Once the document is filed, he will be able to verify that the documents have been filed by checking the court website.

Because the documents are in PDF form, they can be viewed by anyone using universallyavailable software. A PDF file cannot be modified or altered by any recipient, so the content is secure from any changes to the content.

Objective: Explain the features and reasons for the use of PDF format software in legal practices Page Numbers: pp. 230-238 Level: Intermediate

342

CHAPTER 9 Office Management Software Chapter 9 Multiple Choice 1. Most office functions can be divided into the following categories: a. calendar, typing, contacts, and accounting. b. calendar, scanning, research, and accounting. c. calendar, contacts, scanning, and research. d. calendar, contacts, files, and accounting.

Answer: d Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 2. The two most common law office or practice management programs available are: a. Tabs3 and Corel DB. b. Tabs3 and Adobe Acrobat. c. AbacusLaw and Tabs3. d. AbacusLaw and Corel DB. Answer: c Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 3. Integrated functions are: a. the sharing of data between different network providers. b. the sharing of data among different program features. c. the chronological listings of transactions. d. the internal structure of a file.

Answer: b Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 4. A_________ integrates some or all of the program functions, such as timekeeping, billing, and calendaring, into one. a. program suite b. package c. bundle d. program shell Answer: d Objective: Explain the basic functions of office management software.

343

Page Numbers: pp. 264-265 Level: Basic 5. A ________ is a collection of similar records, such as your address book, which has records for names, addresses, cities, and phone numbers. a. document b. chart c. folder d. database Answer: d Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 6. The AbacusLaw software uses four main databases to store information: a. Names, Events, Matters, and Documents. b. Names, Events, Matters, and Contacts. c. Events, Matters, Documents, and Contacts. d. Events, Matters, Documents, and Posts.

Answer: a Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 7. ________ are appointments, tasks, reminders, or things to do that are scheduled on specific dates. a. Names b. Matters c. Documents d. Events Answer: d Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Intermediate 8. ________ refer to any matter, case, file, or project that you need to track. a. Events b. Matters c. Names d. Documents Answer: b Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 344

9. ________ are any previously saved word processing files, scanned images, pleadings, correspondence, or Internet Web pages. a. Names b. Documents c. Events d. Matters Answer: b Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 10. ________ are similar to contacts in an address book. a. Names b. Matters c. Documents d. Events Answer: a Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Basic 11. Typically, the law office calendar is a source of information about: a. Appointments; litigation & filing deadlines; court appearances; statutes of limitations, and routine reminders. b. Reports; litigation & filing deadlines; settlement conferences; statutes of limitations, and routine reminders. c. Pleadings; litigation & filing deadlines; court appearances; statutes of limitations, and routine reminders. d. all the above Answer: a Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Intermediate 12. A feature of many calendar programs is the alert or ________ feature that signals when a preset event occurs. a. reply b. alarm c. awake d. respond Answer: b Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 345

Level: Basic 13. ________ is the recording of all time spent on specific activities during the work day. a. Client contact b. Recordkeeping c. Timekeeping d. Scanning Answer: c Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Basic 14. Accounting programs use the general rules of accounting for recording: a. assets, liabilities, equity, sick/vacation days, and benefits. b. assets, liabilities, petty cash receipts, revenues, and expenses. c. assets, liabilities, equity, revenues, and expenses. d. assets, liabilities, salaries, revenues, and expenses.

Answer: c Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Intermediate 15. A ________ is a list of the individual categories under the five major classifications. a. chart of accounts b. flowchart of money earned c. diagram of the firm d. check register Answer: a Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Basic 16. A ________ is a chronological record of disbursements of checks and deposits. a. checking account b. check receipt c. check point d. check register Answer: d Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Basic 17. QuickBooks provides a more conventional set of accounting records with ________, such as accounts payable and accounts receivable.

346

a. graphs b. journal entries c. columns d. ledgers for journals Answer: d Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Intermediate 18. Abacus Accounting and Tabs3 are programs designed specifically for the ________ environment. a. professional b. governmental c. legal d. accounting Answer: c Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Intermediate 19. Keeping track of ________ becomes a critical function to ensure that the law firm will be properly compensated for its advice and efforts on behalf of clients. a. money earned b. sick/vacation hours c. client cases d. time Answer: d Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Basic 20. Automatic calculation of important calendar dates using your jurisdiction's procedures is called a: a. time calendar b. events calendar c. rules-based calendar d. automatic calendar Answer: c Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Basic 21. The practice of law requires a close adherence to __________, such as statutes of limitation, response deadlines, and appeal periods.

347

a. VoIP b. legal fees c. deadlines d. confidentiality Answer: c Objective: Explain the use of project management in the law office Page Numbers: pp. 279-284 Level: Intermediate 22. A ________ is a series of tasks required to complete a goal. a. spreadsheet b. document c. project d. manager Answer: c Objective: Explain the use of project management in the law office Page Numbers: pp. 279-284 Level: Intermediate Chapter 9 True-False 1. In a law office, a calendar contains information about appointments, deadlines, court appearances, statutes of limitations, and other routine reminders a. True b. False Answer: True Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Intermediate 2. The current approach to calendaring requires a knowledge of the rules of civil procedure, and a central paper calendar for the office, along with individual calendars for each attorney and paralegal. a. True b. False Answer: False Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Intermediate 3. Calendar software serves the same functions as a paper calendar, with added advantages. a. True b. False 348

Answer: True Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Intermediate 4. Recording of all time spent on specific activities is a critical task in a law firm because it determines compensation for the law firm. a. True b. False Answer: True Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Difficult 5. All firms record only billable time. a. True b. False Answer: True Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Intermediate 6. Specialty applications have been designed to assist with many office management functions. a. True b. False Answer: True Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 7. Most firms keep track of time for all members of the legal team, including attorneys, paralegals, and secretaries. a. True b. False Answer: True Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Basic 8. Accounting records are important to maintain for the clients, who expect accurate billing statements. a. True b. False 349

Answer: True Objective: Explain the importance of accounting records in a law office Page Numbers: pp. 272-277 Level: Basic 9. The paralegal does not have an obligation to the law firm and its clients to be sure that accurate billing is prepared. a. True b. False Answer: False Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Intermediate 10. Accounting software makes it easier to keep track of client funds, so long as the data and transactions concerning those funds are entered properly. a. True b. False Answer: True Objective: Explain the importance of accounting records in a law office Page Numbers: pp. 272-277 Level: Intermediate 11. Calendar software provides automatic notification. a. True b. False Answer: True Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Intermediate 12. With regard to client confidentiality, time and billing records must be protected because they often contain confidential information. a. True b. False Answer: True Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Intermediate 13. Events refer to a current list of names, addresses, phone numbers, e-mail addresses, and other information for clients, opposing counsel, vendors, networking contacts, and other people and firms. a. True 350

b. False Answer: False Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Difficult 14. Accounting software allows a law firm to keep personal appointments, case deadlines, statutes of limitations, and reminders of important dates. a. True b. False Answer: False Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Basic 15. Electronic office management systems allow access to timekeeping, calendar maintenance and accounting from almost anywhere a. True b. False Answer: True Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 16. A project is a series of tasks required to complete a goal. a. True b. False Answer: True Objective: Explain the use of project management in the law office Page Numbers: pp. 279-284 Level: Intermediate 17. Legal project management provides historical data for analyzing what worked and what problems occurred. a. True b. False Answer: True Objective: Explain the use of project management in the law office Page Numbers: pp. 279-284 Level: Intermediate Chapter 9 Fill in the Blank

351

1. Accounting records are important to maintain for the clients, who expect _________ billing statements.

Answer: accurate Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Intermediate 2. The _______ section of office management software is used for keeping a current list of names, addresses, phone numbers, e-mail addresses, and other information for clients, opposing counsel, vendors, networking contacts, and other people and firms.

Answer: Contacts Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 3. A ____________ is used for keeping personal appointments, case deadlines, statutes of limitations, and reminders of important dates.

Answer: calendar Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Basic 4. The ______ section of office management software is used for keeping track of individual case files, projects, client matters, and related documents.

Answer: Matters Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Basic 5. ________ is the recording of all time spent on specific activities during the work day.

Answer: Timekeeping Objective: Explain the importance of timekeeping software.

Page Numbers: pp. 269-272 Level: Basic 6. _______ are items or things that have value to a business.

Answer: Assets Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: difficult 7. ________ refers to the value of the assets of an entity reduced by the claims of outsiders.

Answer: Equity Objective: Explain the importance of accounting records in a law office.

352

Page Numbers: pp. 272-277 Level: difficult 8. Custom dates or reminders created for a set period before or after a selected event is called ______.

Answer: Rules-Based Calendaring Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Intermediate 9. Trust accounts used for holding small amounts of client funds or that will be held for too short a period of time to generate income sufficient to allocate to the client is referred to as ____________________ accounts.

Answer: IOLTA Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Difficult 10. Claims of outsiders to the assets of the entity are called _______.

Answer: debts Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Basic 11. A ________ is a series of tasks required to complete a goal.

Answer: Project Objective: Explain the use of project management in the law office Page Numbers: pp. 279-284 Level: Intermediate Chapter 9 Matching 1. assets

2. IOLTA

a. Any item, case, file, or project that must be tracked. . b. Custom dates or reminders created for a set period before or after a selected event.

3. equity

c. A software containing a platform for using different programs.

4. ledgers

d. Claims of outsiders to the assets of the entity.

353

5. rules-based calendaring

e. Items or things that have value to a business.

6. events

f. Trust accounts used for holding small amounts of client funds or that will be held for too short a period of time to generate income sufficient to allocate to the client.

7. matter

g. The increases in the owner’s equity from the delivery of goods or services.

8. timekeeping

h. A chronological listing of the financial transactions of a business.

9. liabilities

i. The recording of all time spent performing activities during the work day.

10. journal

j. Any appointment, task, reminder, or thing to do that is scheduled for a specific date

11. program shell

k. The individual records for one account.

12. revenue

l. The value of the assets of an entity reduced by the claims of outsiders.

1. e 2. f 3. l 4. k 5. b 6. j 7. a 8. i 9. d 10. h 354

11. c 12. g Objective: n/a Page Numbers: n/a Level: Basic Chapter 9 Essay 1. Jack Parsons finally settled a large medical malpractice case on the morning that trial was scheduled to begin. The defendant’s insurance company agreed that within one week, they would send Jack a check for the entire settlement in the amount of $500,000. Jack had agreed to represent the client on a contingency basis, in which he would take 33 percent of any settlement as her free. The trial team had also incurred substantial costs in preparing the case for trial. Under the contract, the client agreed to pay these costs. Outline the procedure that Jack must follow in handling the settlement amount once the check is received from the insurance company, based on the Model Rules of Professional Conduct.

ANSWER: The client should be notified as soon as the check is received. The entire amount must be deposited in a separate escrow account designated for client funds. Jack’s firm may then disburse the fees and costs out of this account. The balance of settlement amount is then paid to the client. The client should also be provided with a statement showing exactly what fees and expenses were paid out of the settlement amount.

Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Intermediate 2. What resources are available for learning how to use office management software programs? Where are these resources located?

ANSWER: The user manual will generally have references, and the program itself will feature a help function or tutorial. Many of these resources are also available online. Most community colleges and high schools offer non-credit classes at no or low cost to learn these and other programs.

Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate 3. Describe the tasks that can be completed using office management software.

ANSWER: The basic functions for which law office management software is used are: Calendar – for keeping personal appointments, case deadlines, statutes of limitations, and important dates and reminders

355

Contacts – keeping a current list of names, addresses, phone numbers, e-mail addresses, and other information for clients, opposing counsel, vendors, networking contacts, and other people and firms.

Files – keeping track of individual case files, projects, client matters, and related documents Accounting – keeping track of time and billing information, and client and firm accounts, and for preparing bills, reports, and tax returns. Office management software uses a database or sets of databases to record information. This information can then be searched for specific items.

The data can then be assembled and reported as a response to a query.

Objective: Explain the basic functions of office management software.

Page Numbers: pp. 264-265 Level: Intermediate Chapter 9 Critical Thinking 1. Until now, Kate Sandberg handled most of her cases on a flat fee or contingency fee basis.

Her firm seldom billed clients on an hourly basis. However, she has now been retained by a new client, Electro Tech, Inc. to provide advice and representation in various corporate matters. She has agreed to bill them at agreed hourly rates, in addition to costs incurred in representing them.

Her two associates and one paralegal are all to be billed at different rates. What software tool can Kate use to manage the billing to Electro Tech, and possibly other similar clients? How will this software provide this solution?

Answer: A specialty program such as Abacus Accounting can be used to manage all of the time spent on each matter by every member of the firm. Present input screens enable each person to make time entries at their workstation. Expenses that are incurred can be entered as well. All of the inputs from multiple users can be collected in single matter for a client. The program automatically calculates the fees incurred on each matter based on the rates set for each person. All of the fees and expenses incurred on a matter can be compiled into a monthly bill that is sent to the client. The software can also print checks in accounts payable to pay individual vendors on a matter.

Objective: Explain the importance of accounting records in a law office.

Page Numbers: pp. 272-277 Level: Intermediate 2. As Jack Parsons’ firm has grown, he has taken on cases in many different jurisdictions. Some cases are located in federal district court, and others are in state court. Each jurisdiction has its own deadlines and timetables for discovery, status conferences, motions, and pleadings. A few of his cases have been appealed, and the courts at the appellate level have their own schedules for appellate briefs and hearings. For most of his career, Jack has used a paper calendar book into which he wrote the filing dates, hearings, and conferences for all his cases. He would include reminders in advance of these dates to allow for preparation. Each of his three associates had similar calendars. Nevertheless, it was becoming more difficult to keep up with changes in court rules that affected all of the schedules and time frames. In addition, he could

356

never be sure that all of his associates were “on the same page” concerning deadlines. What tools are available to help with Jack with these calendaring functions?

Answer: Jack can keep on top of his calendar by streamlining the scheduling of appointments and deadlines using “rules based” software such as CompuLaw. Instead of having to calculate and enter every date in a calendar based on a set of court rules, CompuLaw automatically calculates all of the deadlines based on information on each jurisdiction’s rules. Errors are also avoided by creating a centralized, firm-wide system that synchronizes multiple calendars. The system will also automatically provide reminders of upcoming dates.

Objective: Describe the function of calendaring software in the law office.

Page Numbers: pp. 265-269 Level: Difficult

CHAPTER 10 Case Organization and Management Software Chapter 10 Multiple Choice 1. When case management is performed manually, a __________ may be used. a. case notebook b. case briefing notebook c. trial notebook d. case briefing system Answer: c Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 357

Level: Intermediate 2. Case management software can be used to organize the __________ involved in a case. a. clients, documents, court calendar, and legal authority b. persons, documents, timetable, issues, and legal authority c. persons, documents, the adversary’s demands, and the client’s schedule d. filing system, court transcripts, depositions, briefs, and legal issues Answer: b Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 3. A typical file or case starts with: a. a visit to court. b. an agreement on fees and expenses. c. a cursory look at the law. d. an interview with the client.

Answer: d Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 4. A typical case file contains documentation of the: a. client interview, fact and expert witness interviews, inventory reports, filing, service of process, and trial preparation material. b. client interview, fact and expert witness interviews, investigation and expert reports, research memoranda, pleadings, and trial preparation material. c. client interview, fact and expert witness interviews, inventory reports, discussions with clerk’s office in preparation for trial, and trial preparation material. d. client interview, fact and expert witness interview, investigation of scene of occurrence reports, research memoranda, pleadings, and trial presentation issues.

Answer: b Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 5. Efficient use of a ________ provides all authorized members of the legal team with access to all the case information, day or night. a. case management system b. firm filing system c. client email address d. court electronic data base 358

Answer: a Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 6. It is becoming more common practice, even in smaller law offices, to have a high level of ________ among members of the legal team. a. trustworthiness b. friendship c. collaboration d. mentoring Answer: c Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 7. The first step in organizing a new case file is to a. decide whether a paper or electronic file will be used. b. break large files down into sub-files. c. decide the arrangement of the topics within the files. d. make copies of all the case documents.

Answer: a Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 8. Careful tracking and organizing of evidence in a case should begin a. after a lawsuit has been filed. b. once enough evidence has been obtained to make organizing and tracking worthwhile. c. as soon as the firm has decided to take on the case. d. after the case has been concluded.

Answer: c Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 9. When a legal team is working on a case, duplication of effort can be avoided by a. giving access to the case files to only one person. b. having a member of the team responsible for updating current activities on all of the files. c. allowing each member of the team to access only their assigned part of the case. d. keeping case information on several different repositories.

Answer: b Objective: Understand the functions of case analysis software, and explain its value to a firm 359

Page Numbers: pp. 300-301 Level: Intermediate 10. Case management software offers a convenient method for organizing the parts of a case: a. in the court’s file room. b. in every trial notebook or workstation. c. in a central repository. d. in a central file box.

Answer: c Objective: Understand the functions of case analysis software, and explain its value to a firm Page Numbers: pp. 300-301 Level: Intermediate 11. A typical ________ allows seamless transfer of data to other programs, such as a timeline graphic program or a word processor programs. a. integrated hardware system b. case research based program c. case management system d. integrated software application Answer: d Objective: Understand the functions of case analysis software, and explain its value to a firm Page Numbers: pp. 300-301 Level: Intermediate 12. ________ are chronological listings of the facts of a case. a. Case events b. Timelines c. Case details d. Word processing data Answer: b Objective: Describe the advantages of using timelines in litigation Page Numbers: pp. 302-305 Level: Intermediate 13. A webinar is: a. an enhanced course and seminar for law schools. b. a blackboard course to train law students. c. a seminar produced for students for the purposes of make-up assignments for missed lectures. d. a seminar produced and presented over the Internet for viewing at the user’s computer.

Answer: d Objective: Describe how case management programs are used Page Numbers: pp. 296-300 360

Level: Intermediate 14. A Webex viewer is a plug-in specific to viewing: a. case annotations. b. Webinars. c. case law. d. case briefs and recent law articles.

Answer: b Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 15. ________ are matters that a client has presented to a legal team to handle and resolve. a. Law points b. Briefs c. Facts d. Cases Answer: d Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 16. At one time, witness contacts were written or typed on individual cards kept in a central file.

This function is now accomplished using a ____________. a. Network b. Software c. Legal Specialty d. Database Answer: d Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 17. Part of the cost of litigation is related to the time the litigation team must spend: a. processing, organizing, and researching information and files. b. processing, indexing, and reading case law and documents. c. processing, indexing, and researching case law and documents. d. processing, organizing, and sharing information and documents.

Answer: d Objective: Understand the functions of case analysis software, and explain its value to a firm Page Numbers: pp. 300-301 Level: Intermediate

361

18. The use of ________ for e-mail and document storage by business and government has caused a massive increase in the number of potential documents that may have to be reviewed, tracked, and made available. a. court approval b. computers c. files d. case management Answer: b Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 19. Timeline software may be use for a. evaluating both the plaintiff’s and defendant’s versions of the facts. b. visualizing a litigation strategy. c. presenting evidence to a jury. d. all of the above.

Answer: d Objective: Describe the advantages of using timelines in litigation Page Numbers: pp. 302-305 Level: Intermediate 20. When a client first comes to the firm to seek legal advice, their names and the subject matter of their cases a. is less sensitive than other client information provided to the firm. b. must be kept confidential to the same extent as any other client information. c. should be made available to other law firms who may be interested in working on the case. d. becomes public information once entered into the case management system.

Answer: b Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate Chapter 10 True-False 1. The use of computers for email and document storage has caused a massive increase in the number of potential documents that must be reviewed by the legal team and made available to opposing counsel. a. True b. False Answer: True Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 362

Level: Intermediate 2. It is recommended that only one member of the legal team should be able to access case information electronically. a. True b. False Answer: False Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 3. Manual case management of a simple case may include the use of a trial notebook with tabs for tasks, parties, documents, witnesses, and legal research. a. True b. False Answer: True Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 4. Case analysis software, such as Sanction, provides a central repository for all the knowledge about a case. a. True b. False Answer: False Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Difficult 5. Time lines are chronological listings of the facts of a case, and are frequently presented in graphic form. a. True b. False Answer: True Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 6. The use of computers for email and document storage by businesses has decreased the number of potential documents that may have to be reviewed in litigation. a. True b. False Answer: False Objective: Explain the reasons for the use of software in managing litigation cases 363

Page Numbers: pp. 291-295 Level: Intermediate 7. A case refers to a matter that a client has presented to a legal team to handle and resolve. a. True b. False Answer: True Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Basic 8. Case management software can now be used to organize the elements of a case -- parties, documents, timetables, issues, legal authority and other information -- in a single system. a. True b. False Answer: True Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Basic 9. Collaboration among members of the legal team is usually unnecessary to handle the increased complexity of cases and the shortened time in which to prepare for trial under new court rules. a. True b. False Answer: False Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 10. When clients seek legal advice, their names the the subject matter of their cases usually do not need to be kept confidential. a. True b. False Answer: False Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 11. The information handled by a case management system requires the same protection as any other source of confidential or privileged client information. a. True b. False Answer: True 364

Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 12. Case analysis software can assist in developing cases by providing a central repository for critical case knowledge. a. True b. False Answer: True Objective: Understand the functions of case analysis software, and explain its value to a firm Page Numbers: pp. 300-301 Level: Intermediate 13. A file structure defined by the original creating application is called a graphic interface format a. True b. False Answer: True Objective: Describe the advantages of using timelines in litigation Page Numbers: pp. 302-305 Level: Difficult 14. Timelines are useful for analyzing the case or meeting deadlines in the process. a. True b. False Answer: True Objective: Describe the advantages of using timelines in litigation Page Numbers: pp. 302-305 Level: Basic 15. Timelines are rarely presented as a graphic representation. a. True b. False Answer: False Objective: Describe the advantages of using timelines in litigation Page Numbers: pp. 302-305 Level: Intermediate 16. Once data is entered into case analysis software, the facts, the cast of characters, and the issues may be organizedand explored by any member of the legal team a. True b. False Answer: True Objective: Understand the functions of case analysis software, and explain its value to a firm 365

Page Numbers: pp. 300-301 Level: Intermediate Chapter 10 Fill in the Blank 1. Web or cloud-based services that store electronic information are called ____________.

Answer: e-repositories Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level:Intermediate 2. Issues that a client has presented to a legal team to handle and resolve are called a __________.

Answer: case Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 3. A ____________ is a program for sorting names of parties and clients to identify similar names or cases.

Answer: conflict report generator Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Basic 4. An __________ refers to a form for obtaining information to enter into a computerized office or case management system.

Answer: intake form Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 5. A chronological listing of the facts of a case is called a ____________.

Answer: timeline Objective: Describe the advantages of using timelines in litigation Page Numbers: pp. 302-305 Level: Basic 6. A ____________ is a program presented over the internet for viewing at the user’s computer.

Answer: webinar Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate

366

7. A plug-in software program that allows for the use of webinars is called _______________.

Answer: Webex viewer Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 8. CaseMap is a type of case ________________ software.

Answer: analysis Objective: Understand the functions of case analysis software, and explain its value to a firm Page Numbers: pp. 300-301 Level: Difficult 9. A summary of the case usually contained in a tabbed, three-ring binder with sections such as pleadings, motions, law, pretrial memo, and witnesses is called a ____________________ Answer: trial notebook.

Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate 10. Careful tracking and organizing of evidence should start at the _____________ of a case.

Answer: beginning Objective: Explain the reasons for the use of software in managing litigation cases Page Numbers: pp. 291-295 Level: Intermediate 11. A case notebook consists of tabbed binders with a _______ for each element of the case.

Answer: tab Objective: Describe how case management programs are used Page Numbers: pp. 296-300 Level: Intermediate

367

Chapter 10 Matching 1.e-repositories

a. chronological listing of the facts of a case.

2. conflict report generator

b. Web or cloud-based services that store electronic information c. a program presented over the internet for viewing at the user’s computer

3. timeline

4. webinar

d. A summary of the case usually contained in a tabbed, three-ring binder with sections such as pleadings, motions, law, pretrial memo, and witnesses is called a

5. Webex viewer

e. a program for sorting names of parties and clients to identify similar names or cases.

6. CaseMap

f. a type of case analysis software

7. trial notebook

g. an obligation to not reveal information, which is based on a relationship of trust placed in one person by another

8. Confidentiality

h. A plug-in software program that allows for the use of webinars is called

1. b 2. e 3. a 4. c 5. h 6. f 7. d 8. g Objective: n/a Page Numbers: n/a Level: Basic Chapter 10 Essay 1. After the parties failed to arrive at a settlement, Jack Parsons and his associates continued with their investigation of the toxic tort case against Greenway Chemicals. After months of 368

investigating, the team had collected interviews, photographs, and medical records from hundreds of alleged victims. In addition, Jim Cassidy, the paralegal, had collected relevant statutes and case law governing the various procedural and evidentiary issues in the case. They had also retrieved numerous studies from scientific journals on the chemicals at issue. They were also compiling a list of potential expert and fact witnesses, along with their qualifications and contact information. In his smaller personal injury cases, it was enough to use a simple trial notebook. What software is available to assist Jack’s firm as they collect information, and what problems can it solve?

Answer: Case analysis software, such as CaseMap, can assist in developing cases by providing a central repository for critical case knowledge. This information can be divided into categories—such as parties, witnesses, documents, case law, statutory law, and reports—that in a paper-based system might be kept in a folder or set of folders. As facts are gathered, parties are identified, and research is assembled, the data may be entered into the program.

Once entered, the facts, the cast of characters, and the issues may be organized and explored by any member of the legal team.

Objective: Describe how case management programs are used; Understand the functions of case analysis software, and explain its value to a law firm.

Page Numbers: pp. 296-301 Level: Intermediate 2. What are some of the issues in using a traditional paper trial notebook in a case in which more than one trial attorney is involved? How can using case analysis software avoid these issues?

Answer: A legal team may be unable to simultaneously access portions of the notebook. Unless more than one notebook is used, it is difficult for multiple members of the legal team to work collaboratively on the file. When the notebook is constantly updated, all team members may not be aware of changes. Team members also waste time looking for items that may have been removed by others. The paperless office allows every document to be stored electronically in a central repository. Each member of the legal team can have access to the items. Working in a collaborative fashion is made easier when all members can have access to the same information.

Objective: Explain the reasons for the use of software in managing litigation cases.

Page Numbers: pp. 291-295 Level: Intermediate 3. How can a timeline be used during the initial fact gathering phase of a case?

Answer: Timelines are chronological listings of the facts of a case frequently presented in graphic form. At the early stage of a case, a comparative timeline can be used to present facts from the plaintiff and defense points of view, one on either side of a line, to analyze the case.

Objective: Describe the advantages of using timelines in litigation.

Page Numbers: pp. 302-305 369

Level: Intermediate Chapter 10 Critical Thinking 1. Based on their investigation, the discharge of chemicals from the Greenway plant took place multiple times, in varying levels of intensity, over a 15 year period. The discharge varied over that time depending on changes in technology used at the plant, variations in rainfall, or variations in the level of production by the company. Alterations in the municipal water and sewer systems at different times may also have been a factor. It was getting difficult for the trial team to visualize all of this chronological information. What tool can the team organize this information in a way that helps them understand it? What other applications can this tool have during the litigation?

Answer: The team can use software such as TimeMap to build a timeline. By simply adding dates and events to the New Fact boxes, they can begin to create the timeline. As they key in dates and facts, the time line builds automatically. TimeMap creates the base timeline, and adjusts the time scale automatically. This timeline can be used when the team convenes to discuss strategy. It can also be used during settlement discussions, and later can be adapted for use at trial.

Objective: Describe the advantages of using timelines in litigation.

Page Numbers: pp. 302-305 Level: Difficult 2. Although he was devoting nearly all of his time to the Greenway case, Jack’s firm continued to bring in many smaller personal injury cases. Most of these cases involved similar issues, which fell into a few broad categories such as premises liability, auto accidents, or workers compensation. Normally, information for each new client was collected on a paper intake sheet, with a standard set of information collected for each client, such as name, address, medical providers and bills, the names of potential defendants and their liability insurance carriers, and witnesses. How can Jack streamline his case intake process so that the information is immediately recorded in the system without his direct involvement?

Answer: Most case management programs provide a basic set of screens for entering different types of information. Some programs allow the user to create customized forms for practice specialties, such as personal injury. Fields may be created for entering information on a wide variety of people, including clients, opposing parties, fact witnesses, experts, and opposing counsel. At the start of a case, basic information about a client or the case may be entered using an intake form. This form may be filled out by the legal staff or prepared by the client using a word processor, or in some cases, an Internet browser, as part of the law firm’s website.

Objective: Understand the functions of case analysis software, and explain its value to a law firm.

Page Numbers: pp. 300-301 Level: Difficult

370

3. Kate Sandberg is preparing for her closing argument in the Synchromotive case. Winning the case depends heavily on the timing of various events in the development of both the Accelerex and Speedex devices. She needs to show that the basic ideas for the Accelerex were developed before Synchromotive came up with the concept for the Speedex. These events are established by dated memoranda from engineers and designers explaining the ideas, the dates on the plans and drawings, and the dates of the testing of the prototypes. The development of the Speedex is supported by a similar set of events and dated documents. How can Kate help the jury visualize the development of both products and easily make a comparison between the two? What tools can be used to dramatize the comparison?

Answer: Kate can use software such as Time Map to create a comparative timeline to compare the development of both devices. With this software, each timeline can include annotations for each event that have a brief description of each event, along with thumbnails of images and diagrams. That way, as she talks about each event, she can direct the jury's attention to images that help them understand the significance of the event. For example, at the point in time that the engineers came up with the idea for the Accelerex, she could include a callout to the diagram of the design.

Objective: Describe the advantages of using timelines in litigation.

Page Numbers: pp. 302-305 Level: Difficult

371

CHAPTER 11 The Changing Face of Discovery and the Basics of E-Discovery Chapter 11 Multiple Choice 1. Discovery is a step in the litigation process where parties a. prove their case. b. discredit their opponent’s case. c. conceal information. d. exchange information.

Answer: d Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 2. The purpose of discovery is: a. facilitating settlement. b. preparing for trial. c. case evaluation. d. all the above Answer: d Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 4. Rules of ________ provide the framework for conducting litigation. a. ethics b. evidence c. civil procedure d. engagement Answer: c Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: Intermediate 5. __________are formal written discovery requests. a. Interrogatories b. Subpoenas c. Depositions d. all the above Answer: a Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 372

Level: Intermediate 6. Federal Rules governing discovery have been modified to: a. provide a framework for requesting and satisfying requests for documents in electronic format. b. provide a time limit for conducting discovery. c. provide a framework for limiting the burdensome nature of discovery in the electronic age. d. all the above Answer: d Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: Intermediate 7. What is the scope of discovery? a. Only information that may be admitted into evidence is discoverable, so long as it is not privileged. b. Everything is discoverable that is relevant or may lead to relevant evidence, so long as it is not privileged. c. Everything is discoverable that is relevant to the issues in the case. d. Everything is discoverable that is relevant, so long as it is not privileged.

Answer: b Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 8. Under the Federal Rules of Civil Procedure, discovery may not begin until: a. the attorneys have held a meet and confer conference. b. the judge has issued a scheduling order. c. the complaint has been served and the defense attorney has entered his appearance. d. the attorneys have met with the judge.

Answer: a Objective: Explain the purpose and expected outcomes of the attorney “meet and confer” conference Page Numbers: pp. 332-333 Level: Intermediate 9. The goals of the meet and confer include: a. developing a litigation hold plan. b. developing a discovery plan to present to the judge. c. discussing the best time to have a recess during the trial. d. discussing the best way to extend deadlines under the Rules.

Answer: b 373

Objective: Explain the purpose and expected outcomes of the attorney “meet and confer” conference Page Numbers: pp. 332-333 Level: Intermediate 10. ________ is meant to reduce the time and cost of formal discovery. a. Meet and confer b. Litigation hold c. Claw-back d. Mandatory disclosure Answer: d Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 11. E-discovery is ________ a. discovery of documents created, disseminated, and stored via electronic means. b. the disclosure and evaluation of any of the expert witnesses to be used in a case. c. the conduct of all of the depositions in a case. d. review all of the documents produced in paper form.

Answer: a Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 12. The e-discovery amendments to the Federal Rules of Civil Procedure were enacted to address: a. producing electronic materials. b. preserving electronic materials. c. destroying electronic materials. d. all of the above Answer: d Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: Intermediate 13. A major issue in e-discovery is ________ of discovery. a. timing b. unreliability c. cost d. labor Answer: c Objective: Explain the rules governing what information is discoverable 374

Page Numbers: pp. 333-339 Level: Intermediate 14. The document that will make the case is known as the: a. done deal b. smoking gun c. winning writing d. best evidence Answer: b Objective: Explain the rules governing what information is discoverable Page Numbers: pp. 333-339 Level: Intermediate 15. The person claiming attorney-client privilege has the burden to establish its existence by showing: a. communication was made in order to assist in obtaining or providing legal advice to the client. b. communication was intended to be and was in fact kept confidential. c. communication was between the client and attorney. d. all the above Answer: a Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information Page Numbers: pp. 344-352 Level: Intermediate 16. A__________ is a list of documents claimed by the submitting party to contain material subject to privilege or work product doctrine exclusion. a. confidentiality log b. privilege & work product log c. privilege log d. work product log Answer: c Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information Page Numbers: pp. 344-352 Level: Intermediate 17. Discovery should be accomplished: a. with court oversight and intervention when necessary. b. in a cooperative fashion without court intervention. c. with court involvement at every step in the process.

375

d. in an adversarial manner using delay tactics to protect the client.

Answer: b Objective: Explain the purpose and expected outcomes of the attorney “meet and confer” conference Page Numbers: pp. 332-333 Level: Intermediate 18. In seeking to obtain court-ordered compliance with discovery requests, the legal team: a. must show a good faith attempt to obtain the information. b. must show the opposing party deliberately obstructed discovery. c. need not show what other efforts were made to obtain the information. d. must show that the information sought would be admissible as evidence at trial.

Answer: a Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 19. With vast numbers of documents produced electronically, it is not possible to check every document before handing them over to opposing counsel. This can result in: a. disclosure of client proprietary information or trade secrets. b. disclosure of confidential material. c. disclosure of work product material. d. all the above Answer: d Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information Page Numbers: pp. 344-352 Level: Intermediate 20. To protect and retrieve inadvertently disclosed confidential or privileged materials: a. the attorney should include a claw-back provision in the discovery plan. b. the attorney must file a motion for a protective order. c. the client whose materials are disclosed must sue the attorney. d. the materials cannot be protected or retrieved once they've been disclose Answer: a Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information Page Numbers: pp. 344-352 Level: Intermediate 21. Mandatory disclosure under the Federal Rules of Civil Procedure is designed to bring about: a. more streamlined discovery.

376

b. earlier settlement discussions. c. shorter discovery schedules. d. all of the above Answer: d Objective: Describe the procedures and time periods for discovery under the federal rules Page Numbers: pp. 329-332 Level: Intermediate 22. _________ depositions are used in many cases to preserve the testimony of a witness who might otherwise be unable to attend the trial. a. expert witness b. fact c. chronological d. videotaped Answer: d Objective: Describe the function and use of depositions Page Numbers: pp. 340-344 Level: Intermediate 23. Failure to properly present a responsive 30(b)(6)witness who can answer questions about the company’s electronic filing systems can result in: a. sanctions b. interrogatories c. fact witnesses d. answers Answer: a Objective: Describe the function and use of depositions Page Numbers: pp. 340-344 Level: Intermediate 24. Information about a document, such as who created it; the date it was created, modified, or accessed; and other information related to its existence and location is referred to as: a. native b. metadata c. VoIP d. answers Answer: b Objective: Define metadata Page Numbers: pp. 353-354 Level: Intermediate 25. The _______ metadata is used to track or locate the file containing the data, such as the file name, size, and location 377

a. content b. system c. fact d. sharing Answer: b Objective: Define metadata Page Numbers: pp. 353-354 Level: Intermediate 26. Discovery may not begin until the lawyers have conferred and developed a proposed _______ plan, as required in Fed. R. Civ. P 26. a. settlement b. ESI c. privilege d. discovery Answer: d Objective: Describe the procedures and time periods for discovery under the federal rules Page Numbers: pp. 329-332 Level: Intermediate Chapter 11 True-False 1. The pleadings phase is the step in the litigation process where plaintiff and defendant exchange information relevant to their dispute. a. True b. False Answer: False Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 2. Advances in technology have dramatically increased the availability and accessibility of information in discovery. a. True b. False Answer: True Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 3. Discovery is intended to help each litigant understand and evaluate the opponent’s case, as well as the litigant’s own. a. True b. False 378

Answer: True Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 4. Discovery cannot reduce the potential for surprises in evidence presented at trial. a. True b. False Answer: False Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Difficult 5. Documents that were formerly printed and placed in file folders in filing cabinets are now created and saved in electronic files and folder. a. True b. False Answer: True Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 6. The use of computers for email and document storage by businesses has decreased the number of potential documents that may have to be reviewed in litigation. a. True b. False Answer: False Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 7. The Federal Rules of Civil Procedure were amended in 2006 to address concerns with electronically stored information (ESI) in discovery. a. True b. False Answer: True Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: Basic 8. Judge Shira Scheindlin in the widely-reported Zubulake case addressed the issues associated with electronically stored information (ESI) in discovery. a. True 379

b. False Answer: True Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: Basic 9. Under the Federal Rules of Civil Procedure, the discovery process starts with a meeting with the judge. a. True b. False Answer: False Objective: Describe the procedures and time periods for discovery under the federal rules.

Page Numbers: pp. 329-332 Level: Intermediate 10. The judge is present at the initial meet and confer session. a. True b. False Answer: False Objective: Explain the purpose and expected outcomes of the attorney “meet and confer” conference.

Page Numbers: pp. 332-333 Level: Intermediate 11. The goal of the meet and confer conference is to discuss the nature of the claims and likelihood of settlement, to arrange for mandatory disclosure under Rule 26(a), and to develop a discovery plan if one is necessary. a. True b. False Answer: True Objective: Explain the purpose and expected outcomes of the attorney “meet and confer” conference.

Page Numbers: pp. 332-333 Level: Intermediate 12. The judge will usually give great deference to the recommendation of the attorneys in scheduling deadline for discovery. a. True b. False Answer: True Objective: Describe the procedures and time periods for discovery under the federal rules.

Page Numbers: pp. 329-332 Level: Intermediate 380

13. Demand for access and delivery of electronic data require a technological skill set that many lawyers to not possess. a. True b. False Answer: True Objective: Explain the purpose and expected outcomes of the attorney “meet and confer” conference.

Page Numbers: pp. 332-333 Level: Difficult 14. Under the Federal Rules of Civil Procedure, information is discoverable if it is not privileged and if it is relevant or may lead to relevant evidence. a. True b. False Answer: True Objective: Explain the rules governing what information is discoverable Page Numbers: pp. 333-339 Level: Basic 15. For discovery purposes, an item of information must meet the requirements of the Rules of Evidence for admission at trial. a. True b. False Answer: False Objective: Explain the rules governing what information is discoverable Page Numbers: pp. 333-339 Level: Intermediate 16. All depositions are videotaped. a. True b. False Answer: False Objective: Describe the function and use of depositions Page Numbers: pp. 340-344 Level: Intermediate 17. Failure to properly present a responsive 30(b)(6)witness who can answer questions about the company’s electronic filing systems can result in sanctions. a. True b. False Answer: True Objective: Describe the function and use of depositions Page Numbers: pp. 340-344 381

Level: Intermediate 18. Information about a document, such as who created it; the date it was created, modified, or accessed; and other information related to its existence and location is referred to as metadata. a. True b. False Answer: True Answer: b Objective: Define metadata Page Numbers: pp. 353-354 Level: Basic 19. The content metadata is used to track or locate the file containing the data, such as the file name, size, and location a. True b. False Answer: False Objective: Define metadata Page Numbers: pp. 353-354 Level: Intermediate 20. To protect and retrieve inadvertently disclosed confidential or privileged materials the attorney should include a claw-back provision in the discovery plan. c. True d. False Answer: True Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information Page Numbers: pp. 344-352 Level: Intermediate 21. To claim a document as privileged requires the submission of a privilege log identifying the item and the reason for the privilege. a. True b. False Answer: True Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information Page Numbers: pp. 344-352 Level: Intermediate Chapter 11 Fill in the Blank 382

1. A list of documents claimed by the submitting party to contain material subject to privilege or work product exclusion is called ____________.

Answer: privilege log Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information Page Numbers: pp. 344-352 Level: Intermediate 2. ________________ is a step in the litigation process where the plaintiff and defendant exchange information.

Answer: Discovery Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 3. If properly conducted, discovery can eliminate the potential for _________ in evidence presented at trial.

Answer: surprises Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Basic 4. _________ is now the dominant form of written communication.

Answer: email Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Basic 5. In 2006, electronic discovery rules were finally adopted by the ______________.

Answer: Federal Rules of Civil Procedure Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: basic 6. ESI stands for ___________________.

Answer: electronically stored information Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: difficult

383

7. Under the Federal Rules of Civil Procedure, the discovery process starts with an __________ Answer: attorney conference Objective: Describe the procedures and time periods for discovery under the federal rules.

Page Numbers: pp. 329-332 Level: Intermediate 8. Under the Federal Rules of Civil Procedure, information is discoverable if it is not ________ and if it is relevant or may lead to relevant evidence.

Answer: privileged Objective: Explain the rules governing what information is discoverable Page Numbers: pp. 333-339 Level: Intermediate 9. Any item of information is ___________ for purposes of discovery where it has a relationship to evidence about the litigation and is likely to lead to admissible evidence.

Answer: relevant Objective: Explain the rules governing what information is discoverable Page Numbers: pp. 333-339 Level: Difficult 10. A person qualified by education, training or experience to render an opinion based on a set of facts that are outside the scope of knowledge of the factfinder is called an __________.

Answer: expert witness Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate 11. __________ request written answers to questions.

Answer: interrogatories Objective: Define the term discovery and explain the purposes of discovery in litigation Page Numbers: pp. 318-327 Level: Intermediate

12. _________ allow parties to directly question parties and witnesses, under oath, without the limitation of carefully prepared, written answers to interrogatories.

Answer: Depositions Objective: Describe the function and use of depositions Page Numbers: pp. 340-344 Level: Intermediate

384

13. ______ refers to information about a document, such as who created it; the date it was created, modified, or accessed; and other information related to its existence and location is referred to as metadata.

Answer: Metadata Objective: Define metadata Page Numbers: pp. 353-354 Level: Basic Chapter 11 Matching 1.Interrogatories

2. entry of appearance 3. relevant

4. expert witness

a. that which tends to prove the existence of facts important to to the resolution of a case or may lead to such evidence that is admissible b. a step in the litigation process where plaintiff and defendant exchange information. c. A person qualified by education, training or experience to render an opinion based on a set of facts that are outside the scope of knowledge of the factfinder d. request written answers to questions.

5. discovery

e. an attorney for one of the litigants files papers officially identifying himself or herself as representing the clients before the court.

6. ESI

f. A list of documents claimed by the submitting party to contain material subject to privilege or work product exclusion

7. clawback provision

g. certain inforamation must be disclosed pursuant to Federal Rule of Civil Procedure 26 (a) h. seek the identification and physical location of relevant documents, or request copies

8. Requests for Production

9. Confidentiality

i. electronically stored information

10. Privilege Log

j. an obligation to not reveal information, which is based on a relationship of trust placed in one person by another

385

11. mandatory disclosure

k. A provision contained in the report of counsels’ meet and confer and included in the court’s scheduling order that describes what to do with privileged materials that are disclosed inadvertently through e-discovery.

1. d 2. e 3. a 4. c 5. b 6. i 7. k 8. h 9. j 10. f 11. g Objective: n/a Page Numbers: n/a Level: Basic Chapter 11 Essay 1. Before filing the lawsuit in the toxic tort case, Jack's team based its claims on an extraordinarily high number of leukemia cases occurring within the proximity of the chemical plant, testing of the soil surrounding the plant, as well as a medical study showing that the chemicals produced at the plant are potentially cancer-causing. However, Jack's team had not yet completed their research on the medical evidence that proves the connection. Why is it important for them to complete their investigation before filing suit? Explain your reasoning as it relates to the discovery requirements.

Answer: Shortly after filing suit, Jack's team is expected to file their mandatory disclosure pursuant to Rule 26(a). The mandatory disclosure under Rule 26(a) must disclose everything that they intend to rely on to prove its claims. They must provide the identity of witnesses, including expert witnesses; copies of all of the documents relied upon; and a computation of the damages. Therefore, it is important for them to have completed their investigation before filing suit.

Objective: Describe the procedures and time periods for discovery under the federal rules.

Page Numbers: pp. 329-332 Level: Intermediate

386

2. What is the duty of the litigation team regarding the disclosure of electronically stored information? What are the limitations on this duty?

Answer: The litigation teams duties in complying with discovery requests are the same as with other types of documents. All documents that are relevant, or may reasonable lead to relevant evidence, are discoverable. But the team has the ethical obligation to review all of the documents to ensure that privileged or confidential information is not disclosed.

Objective: Describe how the federal rules have changed to address the discovery of electronically stored information Page Numbers: pp. 327-329 Level: difficult 3. What is metadata?

Answer: Metadata is “data about data.” Every electronic document has information about that document attached to the electronic file. Metadata is the information about the document, such as who created it; the date it was created, modified, or accessed; and other information related to its existence and location. Metadata is divided into two types: the system metadata, and the content metadata. The system metadata is used to track or locate the file containing the data, such as the file name, size, and location. Content metadata is about the content of the file itself, such as the name of the author of the document, any tracked changes, and the document version.

Objective: Define metadata Page Numbers: pp. 353-354 Level: Basic Chapter 11 Critical Thinking 1. During the months leading up to the lawsuit, there was a significant amount of communication between the defendant, Greenway Chemicals, and the law firm they retained to represent them. Much of this communication was in the form of e-mails, which were archived in the same file server that contained much of the information sought by the plaintiffs. Greenway is concerned that in the process of e-discovery, some of this communication may be disclosed to the other side. What safeguards are available to protect them from this possibility?

Answer: As part of the Rule 26 discovery plan, the parties may include a claw-back provision.

This provision is an agreement about what the parties should do if privileged or confidential material is inadvertently disclosed. The agreement will address the return of the materials, as well as limit the waiver of the privilege.

Objective: Explain how the litigation team can protect privileged or confidential information under the federal rules, and describe how the team can protect against the inadvertent disclosure of such information

387

Page Numbers: pp. 344-352 Level: Intermediate

2. The toxic tort case being handled by Jack Parsons' firm has finally begun. When settlement negotiations broke down, the complaint was filed in federal district court. Jack is anticipating vast quantities of electronic documents to be produced by both sides. On the plaintiff side, there are volumes of medical records documenting the illnesses, along with toxicology studies about the chemicals at issue. The defendant chemical company is a Fortune 500 firm, and is expected to have thousands of electronic documents that could be potentially related to the litigation. A "meet-and-confer" conference has been scheduled. What is supposed to occur at the conference? How should Jack prepare for this meeting?

Answer: Because of the high volume of electronic documents that will be produced, significant time and planning will be needed for discovery. The meet and confer is an opportunity for the parties to amicably develop a plan for discovery. After the conference, the parties must provide a proposed plan to the judge, along with a timeline for discovery. Because of the technology that will be involved in the discovery plan, it would be advisable for Jack to retain an IT specialist who may be present at the meeting to gain an understanding of Greenway's information system, and to help work out the plan.

Objective: Explain the purpose and expected outcomes of the attorney “meet and confer” conference.

Page Numbers: pp. 332-333 Level: Difficult

388

CHAPTER 12 Evolving Issues In E-Discovery Chapter 12 Multiple Choice 1. A major issue in e-discovery is the ________ of discovery. a. time b. unreliability c. cost d. labor Answer: c Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 2. The opinions written in the Zubulake case raise many of the issues surrounding e discovery, mainly, the _______ and the need for early awareness in the case of potential e-discovery issues. a. duty to preserve evidence, duty to cut costs, duty to reveal, b. duty to preserve evidence, duty to produce, cost of production, c. duty to preserve evidence, duty to collect relevant data, cost of email sorting, d. duty to preserve evidence, duty to negotiate, costs of the case, Answer: b Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 3. The opinions in Zubulake a. have been replaced by the 2006 amendments to the Federal Rules of Civil Procedure, and are no longer relevant. b. were written before the 2006 amendments to the Federal Rules of Civil Procedure, but are still looked to for guidance. c. are relied on for their interpretation of the 2006 amendments to the Federal Rules of Civil Procedure. d. were written after the 2006 amendments to the Federal Rules of Civil Procedure, and overrule them.

Answer: b Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 4. Under new case law, the duty to preserve evidence exists: a. only after an attorney has entered an appearance. b. at all times.

389

c. once it is reasonable and foreseeable that litigation may arise. d. only after a lawsuit is filed.

Answer: c Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 5. Costs associated with e-discovery may arise from: a. files stored on media for which the original hardware to read and write is no longer available. b. files stored on media for which the original software to read and write is no longer available. c. files stored on media that has deteriorated. d. all the above.

Answer: d Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 6. Where a client has a retention and destruction policy and the duty to preserve evidence has arisen, the attorney: a. must immediately review all documents in the client’s possession. b. must instruct the client to cease destruction of documents. c. must verify the client has followed the instruction to cease destruction. d. both b and c Answer: d Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Difficult 7. In e-discovery: a. all electronic documents are discoverable. b. only privileged electronic documents are discoverable. c. all electronic documents are discoverable unless protected by privilege. d. no electronic documents are discoverable.

Answer: c Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 8. Destruction of records when the party knows of litigation related to those documents is called: a. spoliation b. litigation destruction c. client survival 390

d. document destruction Answer: a Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Difficult 9. A_________ is appropriate when a company or individual determines that an unresolved dispute may result in litigation, and as a result, electronically created documents should not be destroyed. a. litigation hold b. document destruction c. litigation destruction d. document hold Answer: a Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 10. Where documents have been intentionally destroyed without good faith, the cost to retrieve and restore archived, corrupted, or deleted files is born by: a. the party who destroyed the documents. b. the party producing the documents. c. the attorney who failed to protect the documents from destruction. d. the party requesting the documents.

Answer: a Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Difficult 11. Good faith destruction of documents is established by: a. establishing a standard operating procedure for retention and destruction of documents. b. establishing a standard operating procedure for retention of documents. c. establishing a standard operating procedure for retention and destruction of documents that includes a litigation hold policy. d. saving a separate electronic back-up version of every document destroyed.

Answer: c Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Difficult 12. Where spoliation of evidence has occurred, the judge a. will dismiss the case, since there is no point in continuing with the litigation.

391

b. may order a variety of remedies, depending on the circumstances and the jurisdiction. c. will apply one the remedies established by the federal rules, which have been adopted nationwide. d. must bar the evidence from being used at trial.

Answer: b Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Difficult 13. Every record retention policy should include a. a direction to destroy each document as soon as it is no longer needed in the course of business. b. a procedure for destroying any document related to a matter that may result in litigation. c. a process for making hard copies of every document produced by the business. d. rules determining which matters may result in litigation and ensuring that related records are kept.

Answer: d Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 14. A litigation hold letter is more likely to be effective, and shows a good-faith effort, when it a. does not specify the author. b. states that no acknowledgement of receipt is necessary. c. specifies exactly what actions must be taken. d. describes the scope of the materials in broad, general terms.

Answer: c Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 15. In the case of spoliation of evidence, an adverse instruction tells the jury that they may a. infer that the destroyed evidence may have been favorable to the other side. b. assume that the destroyed evidence was favorable to the other side. c. decide in favor of the other party if it determined that evidence was deliberately destroyed. d. decide in favor of the other party if it is shown that the destroyed evidence was favorable to them.

Answer: a Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Difficult 392

16. According to recent case law, sanctions for spoliation of evidence may depend on a. whether the evidence was in electronic or paper form. b. the steps taken to preserve and collect information in discovery. c. whether the evidence was in the form of documents, or physical evidence. d. whether documents were destroyed by deleting or shredding.

Answer: b Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Difficult 17. When considering their client’s duty to preserve evidence, it is usually better for the legal team to a. err on the side of caution, since the law is unsettled. b. apply the clear rules and statutes adopted in every state. c. advise the client to destroy everything, since those responsible are not likely to be discovered. d. allow the client to do whatever is most cost-effective in their business.

Answer: a Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Difficult 18. Spoliation includes a. only the destruction of documents in electronic form. b. destruction of any type of evidence. c. only evidence that has actually been identified in discovery. d. only evidence that may conclusively prove the case.

Answer: b Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Difficult 19. Regarding the law governing e-discovery, the legal team should: a. continuously check for any changes to the law governing e-discovery. b. devote a minimum amount of time on what is a consistent area of law. c. change discovery practices when a judge issues an adverse ruling against a client. d. assume that the rules governing discovery are similar to those for paper discovery Answer: a Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate Chapter 12 True-False 393

1. More businesses are adopting retention policies for electronic data, which govern how long this information is retained. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 2. A litigation hold is a requirement that once a case is filed or where the party knows or has reason to know that litigation may be brought, a duty exists to preserve evidence. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 3. The duty to preserve evidence dictates that once litigation is received, evidence must be preserved. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 4. The term ADR refers to the destruction of evidence pertaining to litigation. a. True b. False Answer: False Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 5. Spoliation may include deleting electronic files or information. a. True b. False Answer: True Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Intermediate

394

6. Sanctions may include monetary penalties, or an instruction to the jury that they may infer that the destroyed documents would have been favorable to the opposing party. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 7. E-discovery refers to the discovery of documents created, disseminated, and stored via electronic means. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Basic 8. Judge Shira Scheindlin in the widely-reported Zubulake case addressed the issues associated with electronically stored information (ESI) in discovery. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Basic 9. The common law and amendments to the Federal Rules of Civil Procedure suggest that a client does not need to preserve documents related to a dispute until litigation has been formally filed. a. True b. False Answer: False Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Intermediate 10. A litigation hold serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute, and to save them in their present forms. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 395

Level: Intermediate 11. Spoilation of evidence is punishable by court imposed sanctions against the party who destroyed the evidence. a. True b. False Answer: True Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Intermediate 12. The common law duty to preserve relevant evidence is not well recognized. a. True b. False Answer: False Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Intermediate 13. Spoilation can involve almost any method of destroying evidence. a. True b. False Answer: True Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Difficult 14. A retention policy must balance the economics of storage with the need to preserve documents for potential litigation. a. True b. False Answer: True Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Basic 15. With electronic documents space is a huge concern, and documents should only be kept temporarily a. True b. False Answer: False Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 396

Level: Intermediate Chapter 12 Fill in the Blank 1. With paper documents and records, ________ was a concern because of the physical space required and the concern over fire or water damage.

Answer: storage Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 2. ______ can involve almost any method of destroying evidence.

Answer: Spoilation Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Intermediate 3. More businesses are adopting ____________ for electronic data, which govern how long this information is retained.

Answer: retention policies Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Basic 4. A _____________ must balance the economics of storage with the need to preserve documents for potential litigation.

Answer: retention policy Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Basic 5. A _____________ is a requirement that once a case is filed or pending, a duty exists to preserve evidence.

Answer: litigation hold Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Basi 6. The duty to preserve evidence dictates that once litigation is received, evidence must be ________.

Answer: retained Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: difficult 397

7. ______________ is the destruction of evidence pertaining to litigation.

Answer: Spoilation Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: difficult 8. _____________ refers to the discovery of documents created, disseminated, and stored via electronic means.

Answer: e-discovery Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: difficult 9. Any item of information is ___________ for purposes of discovery where it has a relationship to evidence about the litigation and is likely to lead to admissible evidence.

Answer: relevant Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Difficult 10. A _________ serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute, and to save them in their present forms.

Answer: litigation hold Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 11. ____________ is a balancing of the costs against the benefits of preserving and obtaining evidence.

Answer: Proportionality Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 12. ___________ may include monetary penalties, or an instruction to the jury that they may infer that the destroyed documents would have been favorable to the opposing party.

Answer: Sanctions Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Intermediate Chapter 12 Matching

398

1. gross negligence

A. Weighing the cost against the benefits of preserving and obtaining evidence.

2. record retention

B. An extreme level of carelessness.

3. litigation hold

C. A process whereby a company or individual determines that an unresolved dispute may result in litigation and, as a result, documents should not be destroyed or altered.

D. Destruction of records that may be relevant to ongoing or anticipated litigation, government investigation, or audit.

4. retention policy

5. spoliation

E. Discovery of documents created, disseminated, and stored via electronic means.

6. proportionality

F. Punishment ordered by a judge for violating a court order, or court rules.

7. sanctions

G. the discovery of electronic information

8. e-discovery

H. Keeping documents and electronically stored information for a period of time.

9. adverse inference

i. revised for the first time in 2006 to address e-discovery

10. Federal Rules of Civil Procedure

j. allows the jury to infer that the evidence would have been damaging

1. b 2. e 3. c 4. h 5. d 399

6. a 7. f 8. g 9. j 10. i Objective: n/a Page number: n/a Level: Basic Chapter 12 Essay 1. Explain the purpose of a litigation hold, and the duty to preserve evidence.

Answer: arises if the party knows or should have known of the possibility of litigation.

Preservation may require placing a matter and all documents related to it on litigation hold. This term serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute, and to save them in their present forms. When litigation is filed, or when there is a reasonable expectation of litigation, the individual or company must cease any activity that will result in the destruction or loss of records. When litigation is actually commenced, counsel must issue a litigation hold letter to the client. Court opinions have held that lawyers have an affirmative duty to follow up with the client to ensure that the litigation hold procedures are implemented and followed. This burden applies to both inside and outside counsel.

Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 2. What is spoilation? How may an attorney advise a client to prevent claims of spoilation?

Answer: Spoliation is the destruction of evidence pertaining to litigation. Spoliation may include deleting electronic files or information. The legal team should advise a client to put in place a procedure that will allow the destruction of records in a way that avoids claims of spoilation.

Record retention is the practice of retaining documents for a certain period of time.A record retention policy should have a litigation hold policy. The length of time a record is retained may depend on many factors, including: 1. government regulations; 2. the need to defend litigation; 3. reasonable belief in the pendency of litigation. This policy will determine what matters may result in litigation, and what documents related to that litigation should be retained. The attorney has an affirmative duty to instruct the client to cease further action destroying documents and to follow up and verify that the client has followed the instructions.

Objective: Define spoliation and explain its significance in discovery Page number: pp. 369-371 Level: Difficult

400

3. 2. In the case against Greenway Chemicals, discovery is nearly concluded. Jack's paralegal, Jim Cassidy, discovered an interesting e-mail from the company's president to the Chief Information Officer that refers to a report from the company's research department suggesting a possible link between the chemical at issue and leukemia. The e-mail is dated 5 days after Jack Parsons sent his settlement demand to Greenway. In the body of the e-mail, the president instructed the Chief Information Officer (CIO) to "bury the report." The referenced report has never turned up in discovery. In his deposition, the CIO admitted that he deleted and destroyed all copies of the report, but that he never read its contents. What potential sanctions can Jack ask the judge to impose on Greenway?

Answer: Because the destruction occurred after the company had a reasonable belief that litigation would arise, it was a willful destruction of documents, and it would be considered spoliation of evidence. The remedies will depend on the case law of the jurisdiction. The sanctions could include monetary penalties, or adverse rulings against the defendants. In this case, Jack could ask the judge to give the jury an adverse instruction that the jury can assume that the content of the report would have been adverse to the defense, had it been produced.

Objective: Describe the potential sanctions for spoliation of evidence Page number: pp. 371-381 Level: Intermediate

Chapter 12 Critical Thinking 1. One of Kate Sandberg's clients, Electro Tech, has grown significantly in the last 10 years from a makeshift laboratory in an engineer's basement, to an electronics manufacturer employing over 200 people. Every week, the operations of the company produce hundreds of electronic documents including contracts, internal memoranda, financial records, and research data, in addition to the hundreds of e-mails written by employees. All of these documents are archived in a central file server at the Electro Tech headquarters. Maintaining these archives is costly, and Electro Tech is increasingly concerned about the possibility of litigation. Electro Tech has asked Kate to help them develop a retention policy. What should be the basic elements of this retention policy?

Answer: The policy should establish a set of rules for when documents should be destroyed.

This may depend on laws that apply to that particular industry. The schedule for destroying documents should be routine, and proceed in the ordinary course of their business. The policy should also include a litigation hold policy. This is a set of rules for determining which matters may result in litigation and for ensuring that documents related to those matters are not destroyed.

Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate 2. Electro Tech has advised Kate that they just received a letter from attorneys representing a 401

competitor, Synchromotive, Inc., alleging that a device manufactured by Electro Tech, the Accelerex, infringes on a patent held by Synchromotive for a similar device, called a Speedex.

They will sue if Electro Tech does not immediately stop producing the Accelerex. What action should Kate take at this time regarding Electro Tech's electronically stored information?

Answer: The Federal Rules of Civil Procedure state that once a party has a reasonable belief that litigation may arise it has a duty to preserve all documents related to that dispute. In this case, that duty has been triggered. Kate should send Electro Tech a letter advising them to place a litigation hold on all documents related to the dispute. The letter should tell them to immediately halt their document destruction with regard to anything related to the device in question. The letter should specify all the forms of information that could be potentially discoverable, should a lawsuit be filed. Kate is also obligated to follow up with her client to make sure that the litigation hold is being followed.

Objective: Explain the purpose of a litigation hold, and the duty to preserve evidence Page number: pp. 363-369 Level: Intermediate

Chapter 13 E-Discovery--The Process Multiple Choice 1. _________ lists the steps taken to ensure evidence is properly collected and preserved, and possession is properly documented. a. An evidence log b. A privilege log c. A chain of custody d. A chain of evidence Answer: c Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 2. A __________ deposition is of a person from an organization who has knowledge of the production and data storage. a. Rule 26 b. Rule 16 402

c. Rule 30 d. none of the above Answer: c Objective: Describe the methods used to identify relevant information in e-discovery Page Numbers: pp. 394-395 Level: Intermediate 3. In e-discovery, the legal team should proceed a. with only a consideration of their client’s perspective. b. after trying to understand the perspective of each party to the litigation. c. with a focus on understanding only parties in a situation similar to their client’s. d. as if the opposing party expected litigation and is prepared to fight.

Answer: b Objective: Describe the methods used to identify relevant information in e-discovery Page Numbers: pp. 394-395 Level: Intermediate 4. According to the Electronic Discovery Reference Model, the e-discovery process should begin with a. preservation and collection b. production c. identification d. information management Answer: d Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 5. What is the ultimate goal of the Electronic Discovery Reference Model? a. reduce the total number of items, and extract the relevant ones. b. increase the total amount of information available to the legal team. c. reduce the amount of information available to the opposing side. d. increase the expense of e-discovery for the opposing side.

Answer: a Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 6. The Electronic Discovery Reference Model begins a. as soon as a lawsuit has been filed. b. as soon as the discovery phase begins. c. after notice of a legal claim has been given. d. before litigation occurs.

Answer: d 403

Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 7. Courts have held that the routine destruction of documents by a business a. is legally permitted because of space and economic considerations. b. is never permitted because of the potential for litigation. c. is unusual because of the expense of destroying documents regularly. d. is always an excuse for deliberately destroying documents.

Answer: a Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 8. The shift from paper to electronic storage has a. virtually eliminated the cost of data retention. b. shifted the cost from the cost of physical storage space to the cost of data storage technology c. eliminated the need for data storage facilities. d. reduced the number of documents that need to be stored.

Answer: b Objective: Explain the issues in locating evidence among electronically stored information Page Numbers: pp. 395-402 Level: Intermediate 9. Rule 37 provides a "safe haven" from sanctions where a party has destroyed documents as part of a a. thorough process of regular data destruction. b. random selection of documents in a scheduled destruction program. c. routine, good-faith operation of an electronic information system. d. confidential program of information retention.

Answer: c Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 10. When formulating a search query for retrieving electronic documents, it is important to use a. the terminology of those who created or indexed the documents. b. broad, general search terms that are applicable to many occupations. c. a standard list of queries that can be re-used for many different searches. d. simple terms that can be understood by almost anyone.

Answer: a Objective: Describe the issues that arise in using search queries in e-discovery Page Numbers: pp. 402-409 404

Level: Intermediate 11. Interrogatories are a very limited method of obtaining information in discovery because a. rules of procedure establish a fixed set of questions that may be asked. b. answers are reviewed by a party’s counsel to be sure they supply only the required information. c. the requesting party may not follow up with any additional discovery requests. d. they must be answered in a limited time, which may not be extended.

Answer: b Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 12. When conducting a search for electronic documents, the process of sampling can be used to a. obtain examples of documents that are representative of the entire collection. b. test the accuracy of a search query before using it to perform a full search. c. compare documents to determine which are the most relevant. d. test a search query to see how many documents it will produce.

Answer: b Objective: Explain the issues in locating evidence among electronically stored information Page Numbers: pp. 395-402 Level: Intermediate 13. A Boolean search may not yield the desired result because a. this type of search does not allow the use of connector words within the query. b. only a limited number of keywords may be used. c. the searcher was not familiar with terminology used by an industry of profession. d. the searcher cannot use more than one keyword within a query.

Answer: c Objective: Describe the issues that arise in using search queries in e-discovery Page Numbers: pp. 402-409 Level: Intermediate 14. A computer forensics expert can obtain information about data that has been modified or deleted by looking at a. corporate emails b. document hard copies c. electronic back up copies d. document metadata Answer: d Objective: Describe the role of a forensic examiner in e-discovery Page Numbers: pp. 409-413 Level: Intermediate 405

15. The chain of custody of an electronic document can be maintained by a. using a "digital evidence bag." b. converting files to the PDF format. c. converting files to Word format. d. printing a hard copy of the file.

Answer: a Objective: Describe the role of a forensic examiner in e-discovery Page Numbers: pp. 409-413 Level: Intermediate 16. If a smaller law firm does not have sufficient in-house personnel to handle a high volume of e-discovery, they can solve this problem by A. converting all of the electronic documents into paper form.

B. using delay tactics to extend the length of the discovery period.

C. hiring an outside consulting firm to assist with the process.

D. reviewing only a select portion of the documents produced.

Answer: c Objective: Explain the issues in locating evidence among electronically stored information Page Numbers: pp. 395-402 Level: Intermediate 17. A public cloud should not be used for e-discovery because a. cloud-based document management is never secure. b. control over a client’s data cannot be guaranteed in a public cloud. c. a public cloud is deployed by a company behind a firewall. d. a public cloud does not use shared hardware and software.

Answer: b Objective: Explain the issues in locating evidence among electronically stored information Page Numbers: pp. 395-402 Level: Intermediate 18. Cloud-based e-discovery rather than on-premise software can result in a. lower costs. b. unpredictable "spikes" in expenses. c. more time required for training. d. less flexibility.

Answer: a Objective: Explain the issues in locating evidence among electronically stored information Page Numbers: pp. 395-402 Level: Intermediate 19. In e-discovery, how are interrogatories used to help prepare for depositions? a. Interrogatories tell the opposing party where and when the depositions will occur.

406

b. All of the necessary questions can be asked in interrogatories, making a deposition unnecessary. c. Interrogatories may be asked in-person, before written questions are submitted in the deposition. d. A party can be asked to identify persons who are responsible for electronic documents.

Answer: d Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 20. Mandatory disclosure under the Federal Rules of Civil Procedure is designed to bring about: a. more streamlined discovery. b. earlier settlement discussions. c. shorter discovery schedules. d. all of the above Answer: d Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate Chapter 13 True-False 1. The Electronic Discovery Reference Model (EDRM) provides a model for effective ediscovery procedures. a. True b. False Answer: True Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 2. Document retention policies that provide for the periodic or routine destruction of stored information are not permissible. a. True b. False Answer: False Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 3. The initial step in the discovery process is the review of documents for privilege. a. True b. False Answer: False 407

Objective: Describe the methods used to identify relevant information in e-discovery.

Page Numbers: pp. 394-395 Level: Intermediate 4. During the identification phase of e-discovery, it is necessary to determine the location of ESI and the costs of retrieval. a. True b. False Answer: True Objective: Describe the methods used to identify relevant information in e-discovery.

Page Numbers: pp. 394-395 Level: Intermediate 5. Locating information begins with a good understanding of the location and types of documents needed. a. True b. False Answer: True Objective: Explain the issues in locating evidence among electronically stored information.

Page Numbers: pp. 395-402 Level: Intermediate 6. The discovery of electronically stored information relies primarily on the human element in retrieving data. a. True b. False Answer: False Objective: Explain the issues in locating evidence among electronically stored information.

Page Numbers: pp. 395-402 Level: Intermediate 7. The collection phase is the part of e-discovery that involves finding and obtaining electronically stored information for review and analysis. a. True b. False Answer: True Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate 8. Finding information on a computer, database, or a website usually requires a search query, or a set of parameters that can narrow the data down to the relevant material. a. True b. False 408

Answer: True Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate 9. A forensic expert may be able to examine a hard drive or other media and determine if changes or deletions were made. a. True b. False Answer: True Objective: Describe the role of a forensic examiner in e-discovery.

Page Numbers: pp. 409-413 Level: Intermediate 10. Metadata does not change regardless of the number of times a document is opened. a. True b. False Answer: False Objective: Describe the role of a forensic examiner in e-discovery.

Page Numbers: pp. 409-413 Level: Intermediate 11. The collection process may require retaining outside professionals who are experienced in the techniques of searching databases.

Answer: True Objective: Describe the methods used to identify relevant information in e-discovery.

Page Numbers: pp. 394-395 Level: Intermediate 12. Steps should be taken to ensure that evidence is properly collected and preserved. a. True b. False Answer: True Objective: Describe the role of a forensic examiner in e-discovery.

Page Numbers: pp. 409-413 Level: Intermediate 13. Defragmenting is the testing of a search query by running it against a limited set of documents to measure the accuracy of the response to the search query. a. True b. False Answer: False Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 409

Level: Intermediate 14. In an algebraic search, a mathematical model is created to retrieve documents based on the proximity of certain words to others. a. True b. False Answer: True Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate 15. The most familiar method used for constructing a search query is the algebraic model. a. True b. False Answer: False Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate Chapter 13 Fill in the Blank 1. The Electronic Discovery _________ Model provides a model for effective e-discovery procedures.

Answer: Reference Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 2. Document _________ policies that provide for the periodic or routine destruction of stored information are not permissible.

Answer: retention Objective: Describe the electronic discovery process and the role of information management Page Numbers: pp. 388-393 Level: Intermediate 3. During the _______ phase of e-discovery, it is necessary to determine the location of ESI and the costs of retrieval.

Answer: identification Objective: Describe the methods used to identify relevant information in e-discovery.

Page Numbers: pp. 394-395 Level: Intermediate 4. Discovery of documents usually starts with ____________ seeking information not only about current documents, but also about the party’s retention policies and the items or types of items that may have been destroyed.

410

Answer: interrogatories Objective: Explain the issues in locating evidence among electronically stored information.

Page Numbers: pp. 395-402 Level: Intermediate 5. Finding information on a computer, database, or a website usually requires a search _______, or a set of parameters that can narrow the data down to the relevant material.

Answer: query Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate 6. A _________ expert may be able to examine a hard drive or other media and determine if changes or deletions were made.

Answer: forensic Objective: Describe the role of a forensic examiner in e-discovery.

Page Numbers: pp. 409-413 Level: Intermediate 7. ____________ is the testing of a search query by running it against a limited set of documents to measure the accuracy of the response to the search query.

Answer: sampling Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate 8. The most familiar method used for constructing a search query is the _______ model Answer: Boolean Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate 9. A _______ is a written record showing the identity of everyone accessing evidence and showing that the evidence was not altered while in their possession.

Answer: chain of custody Objective: Describe the role of a forensic examiner in e-discovery.

Page Numbers: pp. 409-413 Level: Intermediate 10. A __________ deposition is of a person from an organization who has knowledge of the production and data storage.

Answer: Rule 30 Objective: Describe the methods used to identify relevant information in e-discovery Page Numbers: pp. 394-395 411

Level: Intermediate Chapter 13 Matching 1.deposition

a. Using a list of terms statistically related to the words in a query.

2. safe haven

b. The testing of a search query by running it against a limited set of documents to measure the accuracy of the response to the search query. . c. Specific words used in a computerized search.

3. sampling

4. search query

d. Procedures and circumstances under which a party will not be penalized. .

5. Boolean

e. An Internet-based service that allows restricted access to information stored on servers of a third-party host company

6.Information Management Reference Model (IMRM)

f. A standard approach and common language for measuring the full range of electronic discovery activities.

7. private cloud

g. A form of discovery in which questions are asked to obtain oral answers under oath from a witness or party to a lawsuit.

8. Electronic Discovery Reference Model (EDRM)

h. A suggested plan for the procedures in electronic discovery.

9. chain of custody

i. A model for search queries using keywords with connectors such as and and or.

10. concept search

j. A written record showing the identity of everyone accessing evidence and showing

412

that the evidence was not altered while in their possession.

1. g 2. d 3. b 4. c 5. i 6. h 7. e 8. f 9. j 10. a Objective: n/a Page Numbers: n/a Level: Basic Chapter 13 Essay 1. How can a company or organization prepare for the e-discovery process even before litigation occurs? What rules have courts created that allow for this step in the process?

Answer: According to the Electronic Discovery Reference Model, the e-discovery process begins with information governance, or document management. This means establishing a coherent policy for creating, storing, and destroying documents. Rule 37 of the federal rules provides a "safe haven" for document destruction where electronic files are lost as a result of "routine, good-faith operation of an electronic information system." As long as documents are routinely destroyed on a regular schedule as part of the ordinary course of business, this destruction will not be penalized.

Objective: Describe the methods used to identify relevant information in e-discovery.

Page Numbers: pp. 394-395 Level: Intermediate 2. Describe the methods used to identify relevant information in e-discovery.

Answer: The initial step in the discovery process is determining what documents are needed. It is also necessary to determine their location, their value to the case, their format, and the costs of retrieving them. All of this information is needed to prepare a proper discovery request. The request must also be tailored to the rules of the jurisdiction. Discovery of documents usually starts with interrogatories seeking information not only about current documents, but also about the party’s retention policies and the items or types of items that may have been destroyed. A good starting point is to submit an interrogatory asking the party to identify key persons who 413

might have created or received any relevant electronically stored information. Exhibit 13.4 is a portion of sample interrogatories related to the discovery of electronic data. With the information from the interrogatories, the next step in obtaining information that may lead to existing or destroyed ESI is using a Rule 30 deposition.

Objective: Describe the methods used to identify relevant information in e-discovery.

Page Numbers: pp. 394-395 Level: Intermediate 3. Define the phrase “search query” in the context of e-discovery.

Answer: Finding information on a computer, database, or a website usually requires a search query, or a set of parameters that can narrow the data down to the relevant material. Lawyers and paralegals are trained to use queries with keywords to search legal literature. The most familiar method used for constructing a search query is the Boolean model. This model uses keywords with connectors such as AND and OR. Selecting the right keyword and the right connectors is critical to obtaining good search results.

Objective: Describe the issues that arise in using search queries in e-discovery.

Page Numbers: pp. 402-409 Level: Intermediate 4. Describe the role of a forensic examiner in e-discovery.

Answer: In some cases, critical data has been modified or deleted from documents produced in discovery, and dates of these modifications or changes may be very relevant and material. The metadata of these documents will usually show the dates of any changes. Qualified forensic experts can examine the original hard drive to determine if there were any changes or deletions of material. However, it is important to remember that each time a document is opened, the metadata changes. Therefore, in cases where forensic data collection is required, it is important to have an expert who can obtain the information without changing anything on the original storage media.

Objective: Describe the role of a forensic examiner in e-discovery.

Page Numbers: pp. 409-413 Level: Intermediate Chapter 13 Critical Thinking 1. Synchromotive, Inc. has now filed a lawsuit against Kate Sandberg's client, Electro Tech, for patent infringement in federal district court. The parties are now moving ahead with the ediscovery process. Kate will need to obtain all of Synchromotive's documentation about the development of the Speedex device; but she has very little information about how and where these records are maintained by the plaintiff, and who is responsible for them. What tools are available under the federal rules for identifying and locating documents among a defendant's records? How should these tools be crafted to make sure all necessary records are identified and located?

414

Answer: Kate should begin the process with interrogatories seeking information not only about current documents, but also about the party's retention policies and the items or types of items that may have been destroyed. They should include an interrogatory asking Synchromotive to identify key persons who might have created or received any relevant electronically stored information. Once these persons are identified, she should request Rule 30 depositions of persons who are knowledgeable about Synchromotive's information management system.

Page number: 387-415 Objective: Describe the methods used to identify relevant information in e-discovery.

Difficulty: Intermediate

2. In response to a request for production, Synchromotive provided Kate's litigation team with a portable hard drive containing copies of thousands of electronic documents from Synchromotive's archives. Among these documents, the team must find documents that show that Synchromotive's development of their Speedex device occurred subsequent to Electro Tech's development of the Accelerex device. Most of the documents on the drive are about topics that have nothing to do with the Speedex development, and are not organized or identified in any coherent or useful way. What techniques can Kate's team use to search the drive for the documents they need? How should they prepare themselves for the search?

Answer: First, it would be important for them to become familiar with the terminology used by the industry so that they can develop effective search terms or word combinations. Once they have developed a list of focused keywords, these terms can be used to formulate Boolean search queries to search the database. These would incorporate connectors to link words together when narrowing the search. If this is unsuccessful, a concept search may be used to develop concepts that generate words that are statistically related to words in the query.

Page number: 387-415 Objective: Describe the methods used to identify relevant information in e-discovery.

Difficulty: difficult

415

Chapter 14 Analysis and Review of E-Discovery

Chapter 14 Multiple Choice 1. ________ is the process used to scan or search documents for relevant terms in an attempt to narrow the focus. a. Coding b. Focusing c. De-duping d. Filtering Answer: b Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Intermediate 2. ________ is the process of comparing electronic records based on their characteristics, and removing records from the data. a. Focusing b. De-duping c. Filtering d. Coding Answer: b Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Intermediate 3. Native files are: a. a portable document format. b. saved in the same format in which created. c. a tagged image file format. d. files containing case-relevant information.

Answer: b Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 4. ________ is the process of capturing case-relevant information from a document. a. Coding b. Filtering c. De-duping d. Redaction Answer: a Objective: Describe techniques for filtering, reducing, and coding large volumes of documents 416

Page Numbers: pp. 429-432 Level: Intermediate 5. ________ is also referred to as bibliographic indexing. a. Objective coding b. Subjective coding c. Production Numbering d. De-duplication Answer: a Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Intermediate 6. ________ is the removal of confidential information under the work product doctrine. a. Converting b. Coding c. De-duping d. Redaction Answer: d Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 7. The sequential numbering of documents was and still is referred to as: a. Bates production numbering. b. metadata. c. coding. d. redaction.

Answer: a Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 8. Every electronic document has: a. numbering. b. metadata. c. coding. d. filtering.

Answer: b Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate

417

9. Paper documents may be scanned to convert them to: a. desk. b. file data. c. a readable format. d. electronic form.

Answer: d Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 10. Documents in a graphic image format can be converted to a format that allows editing by using applications that use: a. PDF. b. HUD. c. OCR. d. TIFF. Answer: c Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 11. As e-discovery advances, the freedom to choose the format of a document may be impacted by the rules of ________ or governmental agencies. a. courts b. ethics c. procedure d. law firms Answer: c Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 12. The two formats competing for use as a common format for large-scale use in cases are the ______ formats. a. TIFF and Native b. PDF and Native c. TIFF and PDF d. PDF and OCR Answer: c Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 13. File metadata cannot be seen in: 418

a. TIFF format. b. PDF format. c. Native file format. d. all of the above Answer: a Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 14. Metadata is a. a process used to scan or search the document for relevant terms. b. a method of conducting research. c. a process of eliminating duplicate data. d. information about the documents.

Answer: d Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 15. Paper documents may be ________ to convert them to electronic form. a. saved b. scanned c. edited d. moved Answer: b Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 16. A technology used to create a full-text, searchable version of an image document is: a. De-duping. b. Filtering. c. Coding. d. Optical Character Recognition (OCR) Answer: d Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 17. Coding documents: a. saves the data produced by the program. b. identifies and captures relevant, objective data. c. scans the documents to convert them to an electronic form.

419

d. eliminates duplication.

Answer: b Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Intermediate 18. Under Rule 26, for each document that is withheld on the basis of privilege, the withholding party must a. provide a detailed outline of all the information contained in the document. b. describe the nature of the item in a way that allows the other party to evaluate the claim of privilege. c. reveal exactly what information is privileged or protected. d. never disclose any information about the document.

Answer: b Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 19. ________ are an example of self-authenticating documents. a. Photographs b. Personal letters c. Public records d. Emails Answer: a Objective: Describe the process for authentication of documents Page Numbers: pp. 438-443 Level: Intermediate 20. Authentication is a determination that evidence a. has not been produced inadvertently. b. is what a proponent claims it to be. c. is the same in both electronic and paper forms. d. conclusively proves an issue in the case.

Answer: b Objective: Describe the process for authentication of documents Page Numbers: pp. 438-443 Level: Intermediate Chapter 14 True-False 1. Document review is one of the least expensive parts of e-discovery. a. True b. False 420

Answer: False Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 2. Document review can sometimes be done more efficiently by converting all of the different types of documents into a common format that can be searched and indexed with a single program. a. True b. False Answer: True Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 3. Every electronic document has metadata, which is simply information about the document. a. True b. False Answer: True Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 4. OCR refers to the format in which the document was originally created. a. True b. False Answer: False Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Difficult 5. If a Word file is converted to a TIFF, it will still contain the metadata. a. True b. False Answer: False Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 6. The typical response to a paper document request is the delivery of a photocopy of the requested item. a. True b. False Answer: True 421

Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 7. When a high volume of documents is first received, the production can be made more manageable by using the processes of filtering, coding, and numbering the documents a. True b. False Answer: True Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Basic 8. De-duplicating is the process of scanning or searching documents for relevant terms in an attempt to narrow the documents’ focus a. True b. False Answer: False Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Basic 9. Coding is the process of capturing case-relevant information from a document. a. True b. False Answer: True Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Intermediate 10. Even with a careful privilege review, documents that are considered privileged may still be overlooked and produced unintentionally, which is referred to as predictive coding. a. True b. False Answer: False Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 11. When the information that was inadvertently disclosed is important enough to a party’s case, an argument can almost certainly be made that privilege has been waived. a. True b. False 422

Answer: False Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 12. A coding log is a list of documents claimed by the submitting party to contain material subject to a privilege or work product exclusion. a. True b. False Answer: False Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 13. Before a document may be admitted into evidence, it must be authenticated, meaning that sufficient supporting evidence must be introduced to verify that the document is what the proponent says it is. a. True b. False Answer: True Objective: Describe the process for authentication of documents Page Numbers: pp. 438-443 Level: Difficult 14. Electronically stored documents, when reproduced in printed form have the same physical characteristics of original paper documents. a. True b. False Answer: False Objective: Describe the process for authentication of documents Page Numbers: pp. 438-443 Level: Basic 15. Challenges to the authenticity of electronic documents are usually based on their creation and storage -- the metadata. a. True b. False Answer: True Objective: Describe the process for authentication of documents Page Numbers: pp. 438-443 Level: Intermediate

423

Chapter 14 Fill in the Blank 1. A list of documents claimed by the submitting party to contain material subject to privilege or work product exclusion is called ____________.

Answer: privilege log Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 2. _____________ is simply information about the document.

Answer: metadata Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 3. TIFF and ______ formats are both commonly used for large-scale cases.

Answer: PDF Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Basic 4. One of the differences between TIFF and PDF is the amount of ________ required to store one document.

Answer: memory Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Basic 5. ____________ refers to the format in which the document was originally created.

Answer: native file format Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: basic 6. Litigation that involves a time frame prior to the age of electronic documents may also include _____ documents.

Answer: paper Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: difficult 7. ________ is the process of scanning or searching documents for relevant terms in an attempt to narrow the documents’ focus 424

Answer: filtering Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: difficult 8. _______ is the process of electronically eliminating the duplicates.

Answer: analysis Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Intermediate 9. _______ is the process of capturing case-relevant information from a document.

Answer: Coding Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Difficult 10. The process of reviewing a client’s documents to identify those that contain privileged or confidential information, or attorney work product is called __________________ Answer: privilege review Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 11. Even with a careful privilege review, documents that are considered privileged may still be overlooked and produced unintentionally, which is referred to as __________________.

Answer: inadvertent disclosure Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 12. If only a portion of a document contains privileged or confidential information, the sensitive material may be __________.

Answer: redacted Objective: Describe the purpose of privilege review and how items may be protected from disclosure Page Numbers: pp. 432-438 Level: Intermediate 13. Challenges to the __________ of electronic documents are not based on the physical characteristics of the material on which they are created, but on the electronic characteristics of their 425

creation and storage—the metadata.

Answer: authenticity Objective: Describe the process for authentication of documents Page Numbers: pp. 438-443 Level: Intermediate Chapter 14 Matching 1. TIFF

a. Information about the document

2. filtering

b. the process of reviewing a client’s documents to identify those that contain privileged or confidential information, or attorney work product.

3. de-duplicating

c. a list of documents claimed by the submitting party to contain material subject to a privilege or work product exclusion. d. the format in which the document was originally created.

4. objective coding

5. metadata

e. the process of scanning or searching documents for relevant terms in an attempt to narrow the documents’ focus

6.privilege review

f. tagged image file format

7. privilege log

g. the process of electronically eliminating the duplicates.

8. redaction

h. the process of capturing case-relevant information from a document.

9. native file format

i. identifies the content and author of the file

10. coding

j. bibliographic indexing

11. content metadata

k. the removal of confidential information, or material prepared for trial under the work product doctrine.

426

1. f 2. e 3. g 4. j 5. a 6. b 7. c 8. k 9. d 10. h 11. i Objective: n/a Page Numbers: n/a Level: Basic Chapter 14 Essay 1.

Describe the issues in reviewing large volumes of material as part of e-discovery.

Answer: Document review is one of the most costly parts of electronic discovery. While computer technology is increasingly being used it is still potentially a labor intensive process.

When documents are delivered by the client in a number of different electronic file formats, the review process will require multiple programs to open and view the original files. Document review can sometimes be done more efficiently by converting all of the different types of documents into a common format that can be searched and indexed with a single program.

Rule 34 of the Federal Rules of Civil Procedure allows the requesting party to specify the desired format for the delivery of the information. Every electronic document has metadata, which is simply information about the document. If the document is delivered in its native file format (the format in which the document was originally created), the metadata is part of the document. The process of removing metadata is commonly called “scrubbing” the electronic documents. In a litigation setting, the issue arises of whether this can be done without either the agreement of the parties or the producing party providing notice through an objection or motion for protective order.

Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 2. What are the advantages to having documents in electronic form during document review?

Answer: Electronic documents are more easily transferred or sent, can be easily searched for relevant information using search software, and eliminate the cost of photocopying. They are also more easily scanned and redacted during a privilege review.

427

Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Difficult

3. In the Synchromotive v. Electro Tech litigation, Kate Sandberg's litigation team has received a request for production of all electronic documents related to the development of the Accelerex device. Interestingly, Synchromotive did not specify what format the documents must be in when produced to the Synchromotive team. Under the federal rules, what formats may Kate's team use? What formats would give Electro Tech the greatest protection?

Answer: If no format is requested, Rule 34 states that unless an objection is raised and sustained by the court, the documents may be delivered in the form in which they are kept in the usual course of business or in another reasonably usable form. This rule gives Kate's team very broad options for producing the documents. If they are produced in native format, the documents may include metadata. The metadata could contain significant information about who created each document, what changes were made, and when. Case law suggests that documents need not include the metadata. It may be wise for Kate's team to convert the files to a graphic image format, such as PDFs or TIFFs. In that format, the documents will be free of the metadata. Of these, the TIFF format is probably the most desirable because it cannot be altered in any way by the plaintiffs. In this format, they can also redact specific content that contains the client's proprietary information or trade secrets, or any privileged attorney-client communications.

Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate 4. Describe the procedure for authenticating electronic documents: Answer: Electronically stored documents, when reproduced in printed form, do not have the same physical characteristics of original paper documents. Thus, challenges to their authenticity are not based on the physical characteristics of the material on which they are created, but on the electronic characteristics of their creation and storage—the metadata.

Objective: Describe the process for authentication of documents Page Numbers: pp. 438-443 Level: Intermediate Chapter 14 Critical Thinking 1. During discovery in the Greenway Chemical case, Jack Parsons' team received a number of documents from Greenway that were originally in paper form. Rather than send photocopies, Greenway scanned the documents and sent them in PDF form. What additional information can Jack's team obtain by examining the face of these documents? What clues can they look for that can provide insight into each document's history?

428

Answer: When paper documents are scanned, many physical features will be visible on the image of the document. For example, multiple staple holes may indicate that the document was attached to other pages, but removed. If the image is in color, a signature in pen may appear in a different color, indicating that it is an original signature.

Objective: Describe the issues in reviewing large volumes of material as part of e-discovery Page Numbers: pp. 420-429 Level: Intermediate

2. As Kate's team proceeds with review of the thousands of documents produced by Synchromotive, they are finding themselves bogged down by the number of irrelevant documents that were included in the production. They are also finding that the production is filled with duplicate documents, simply because in the course of business, copies of certain items were distributed to many people in the company. These excess pages are causing them to waste valuable time, and are making their client run up hours of unnecessary legal fees in the review process. How can Kate's team save time by quickly eliminating unrelated or duplicate documents? Provide specific examples of how these methods can be used in the case.

Answer: The documents can be reduced to a reasonable number through filtering—the process of scanning or searching the documents. Duplicate documents can be quickly eliminated through the process of de-duping. However, this process must be done carefully since even though some documents may appear to be identical, there may be details that distinguish them.

For example, e-mails may seem to have identical content, but different recipients. The recipient is still important because it shows who had the information. Once the duplicates are eliminated, the team can electronically code documents. Objective coding can sort documents based on bibliographic information such as date, author, or type of document. In this case, Kate's team may want to eliminate documents created before a certain date well before either device was invented. Using subjective coding, Kate's team can sort documents based on key words. For example, they can pull all the documents that make reference to the Speedex device.

Objective: Describe techniques for filtering, reducing, and coding large volumes of documents Page Numbers: pp. 429-432 Level: Difficult

429

Chapter 15 The Electronic Courtroom

Chapter 15 Multiple Choice 1. As judicial budgets allow, courtrooms are being outfitted with ________ and ________ presentation systems. a. audiovisual; software b. computers; audiovisual c. audiovisual; graphics d. computers; software Answer: b Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 2. The ________ on using presentation graphics are determined by the equipment in the courtroom. a. limitations b. images c. features d. power Answer: a Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 3. Electronic equipment in the courtroom may include: a. document camera, annotation monitor and interpreter box. b. microphones and a wide screen television in the jury box. c. tape recorders, IPods, and cell phones. d. a video presentation cart and overhead projector.

Answer: a Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 4. The ________ or ________ offices should be the first place to go or contact if any technology will be needed or used in the courthouse. a. court clerk; court secretary b. court personnel; court clerk c. senior partner; junior partner d. IT; technical support Answer: d 430

Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 5. Courthouse ________ can make the technology in the courtroom process flow smoothly and help solve problems. a. filing clerks b. stenographers c. security staff d. technology staff Answer: d Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 6. The ________ should be contacted ahead of time to learn the policy and procedures for bringing everything into the courthouse and setting it up. a. judge’s secretary b. security office c. judge’s law clerk d. judge Answer: b Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 7. If things do not go as planned, it is important to have a backup plan for producing hard copies of: a. briefs and depositions. b. graphs and charts. c. briefs and cases. d. statutes and depositions.

Answer: b Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 8. Even when it is known the courtroom is "wired," the legal team should: a. check for the judge's preferences. b. check with the courthouse personnel for security clearance. c. check for compatibility with their equipment.

431

d. all the above Answer: d Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 9. The U.S. District for the District of South Carolina, opened its first fully ________ courtrooms at the Matthew J. Perry, Jr. Federal Courthouse in Columbia, South Carolina. a. electronic b. refurbished c. hearing impaired d. accessible Answer: a Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 10. ________ are strategically placed around the courtroom, for example, on the judge’s bench, witness stand, the courtroom deputy, and each of the counsel tables and the jury box. a. TV cameras b. Microphones c. Video monitors d. Tape recorders Answer: c Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 11. A presentation electronics device used in court to assist listening for the hearing impaired is: a. an interpreter box. b. a document camera. c. infrared headphones. d. a laptop port.

Answer: a Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 12. The visual presentation cart is also known as the: a. TV cart b. visual presentation cart c. media center 432

d. audio visual center Answer: c Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 13. A connection into which a laptop may be plugged is: a. a VCR or DVD port. b. a plug-in. c. an outlet. d. a laptop port.

Answer: d Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 14. In many “wired” courtrooms, a judge may maintain ultimate control of a video presentation by using a: a. “kill switch” b. bench-mounted monitor c. “2-in-1-out switch” d. remote control Answer: a Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 15. The trial team can assume that taking equipment through courthouse security a. seldom happens quickly and smoothly. b. is usually a short and painless experience. c. can be accomplished without conferring with court staff. d. should never be attempted.

Answer: a Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 16. The technology staff at the courthouse a. are often helpful, but limited in the services they can offer. b. often have specialized knowledge and extensive experience. c. can help with resources throughout the building, but know little about each judge’s preferences. d. will always speak in terms the legal team can understand.

433

Answer: b Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 17. An annotation monitor allows a witness to a. delete or change their testimony. b. make marks on the screen with their finger. c. type in text to comment on the testimony. d. make objections to a question.

Answer: b Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 18. If a courtroom appears to be fully equipped with the latest audio and visual presentation technology, a. it is usually not necessary for the trial team to bring their own presentation equipment. b. most laptops today have all the connections necessary to interface with nearly any display equipment. c. the trial team should confirm that their hardware and software is compatible. d. the trial team should modify their presentation to fully utilize every type of technology available.

Answer: c Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 19. If a key piece of presentation equipment fails in the middle of trial, the trial team should assume a. the judge will instruct the jury to disregard technology-related errors. b. under the rules of procedure, a continuance will be granted until it is replaced or repaired. c. back-up equipment can be provided by the courthouse technology staff. d. the judge may continue the trial regardless of the failure.

Answer: d Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 20. Once the trial begins, the trial team’s outside technology consultants a. are barred from assisting the team in the courtroom. b. should be involved in making sure the presentation goes ahead smoothly.

434

c. usually have little offer in the way of assistance during trial. d. are redundant, since the courthouse staff provides sufficient support.

Answer: b Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate Chapter 15 True-False 1. The types of electronic equipment available can vary, even among rooms within the same courthouse. a. True b. False Answer: True Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 2. Just as some trial attorneys are not comfortable using multimedia presentation tools, some judges may feel that multimedia technology detracts from the ultimate task of reviewing the facts to make a judgment. a. True b. False Answer: True Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 3. In most traditional courtrooms, litigants use easels or display boards, blackboards or erasable whiteboards. a. True b. False Answer: True Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 4. Most courts are prohibited from providing technology training. a. True b. False Answer: False Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 435

Level: Difficult 5. Everybody on the trial team should be comfortable with the operation and use of the technological equipment before the start of trial. a. True b. False Answer: True Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 6. Predictive coding can give the court the ability to cut off the video display by temporarily blacking it out. a. True b. False Answer: False Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 7. A trial attorney should not have an IT specialist, or somebody trained in using the technology, at counsel table. a. True b. False Answer: False Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Basic 8. The court’s technical support office should only be contacted by attorneys as a last resort in the event that they cannot obtain information elsewhere. a. True b. False Answer: False Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Basic 9. The court’s technical support office has specialized knowledge that has developed from working in their area of expertise on a daily basis. a. True b. False Answer: True 436

Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 10. Some judges may not approve of any large-screen displays, while others may think a largeprojection screen is appropriate. a. True b. False Answer: True Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 11. The court’s security office should be contacted ahead of time to learn the courthouse’s policy and procedures for bringing equipment in and setting it up. a. True b. False Answer: True Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 12. Courtrooms generally do not have support personnel who are available to assist the members of the litigation team in the use of the technology available in the courtroom or the courthouse. a. True b. False Answer: False Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Difficult 13. The basic electronic courtroom uses a computer projector, a projection screen, and a laptop computer. a. True b. False Answer: True Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Basic 437

14. Most judges continue to reject the use of technology and computer systems for presentations in the courtroom. a. True b. False Answer: False Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 15. Courtrooms are now being outfitted with computers and audiovisual presentation systems, as judicial budgets will allow.

Answer: True Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate Chapter 15 Fill in the Blank 1. An ________ refers to a courtroom equipped with electronic equipment for use in trial presentations.

Answer: electronic courtroom Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 2. The basic ________ courtroom uses a computer projector, a projection screen, and a laptop computer.

Answer: electronic Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 3. A video monitor conveniently located in the courtroom that is large enough for all to see the graphics displayed is called a ____________ Answer: large-screen monitor Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Basic 4. ____________ allows a defendant to appear remotely in criminal courts for video arraignments.

Answer: videoconferencing 438

Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Basic 5. The _______ support office should be the first place to contact if any technology will be needed in the courthouse.

Answer: technical Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: basic 6. It is highly recommended that the _____ office be contacted ahead of time to learn the courthouse’s policy and procedures for bringing equipment in and setting it up.

Answer: security Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: difficult 7. Increasingly, judges are embracing the use of _______ and computer systems for presentations in the courtroom as judges realize that these tools can enhance the speedy administration of justice.

Answer: technology Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: difficult 8. A media center located in the courtroom is called a __________ presentation cart.

Answer: visual Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Intermediate 9. _______ headphones refer to an assisted listening device for the hearing impaired.

Answer: infrared Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Difficult 10. An ________ box routes language translations from an interpreter to the witness/defendant’s headphones or the courtroom’s public address system.

Answer: interpreter 439

Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 11. A monitor that allows a witness to easily make on-screen annotations with the touch of a finger is called an _________________.

Answer: annotation monitor Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 12. A connection into which a laptop may be plugged is called a laptop __________.

Answer: port Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate Chapter 15 Matching 1. electronic courtroom

a. monitor that allows witnesses to easily make onscreen annotations with the touch of a finger

2. large-screen monitor

b. can be used to display documentary evidence, graphic presentations, and computer simulations of accident cases.

3. visual presentation cart

c. a connection in which a laptop may be plugged

4. annotation monitor

d. a courtroom equipped with electronic equipment for use in trial presentations.

5. document camera

e. a media center located in the courtroom.

6.infrared headphones

f. include special projection devices like a DVD player or the popular Elmo document projector.

440

7. laptop port

g. a portable evidence presentation system equipped with a high-resolution camera

8. interpreter box

h. a video monitor conveniently located in the courtroom that is large enough for all to see the graphics displayed

9. multimedia podiums

i. an assisted listening device for the hearing impaired.

10. litigation support software

j. litigants use easels or display boards, blackboards or erasable whiteboards.

11. traditional courtrooms

k. allows a witness to appear remotely and in some criminal courts for video arraignments.

12. videoconferencing

l. routes language translations from an interpreter to the witness/defendant’s headphones or the courtroom’s public address system.

1. d 2. h 3. e 4. a 5. g 6. i 7. c 8. l 9. f 10. b 11. j 12. k Objective: n/a Page Numbers: n/a Level: Basic Chapter 15 Essay 1. Describe how Court Staff can Assist the Legal Team with Using Electronic Resources in the Courthouse.

441

Answer: Within each courthouse and each courtroom are numerous people who are more than willing to help the legal team if properly approached and consulted. They have specialized knowledge that has developed from working in their area of expertise on a daily basis. The technical support office should be the first place to contact if any technology will be needed in the courthouse. The first step is to find out what the procedures are in each courtroom.

Members of the support staff may also know how the different judges view the use of technology. Some judges may not approve of any large-screen displays, while others may think a single large-projection screen is appropriate. Some may have individual monitors throughout the courtroom, yet not want them used for specific events like presenting a video deposition, preferring instead a single monitor placed for the judge and the jury to view. The technical support person at the courthouse can also help clear the team’s hardware through security, saving time and stress on the day of trial.

Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 2. Describe the elements of the electronic courtroom.

Answer: The types of electronic equipment available can vary, even among rooms within the same courthouse. These differences may occur because of budgetary issues or the personal preferences of the jurists using each courtroom. Just as some trial attorneys are not comfortable using multimedia presentation tools, some judges may feel that multimedia technology detracts from the ultimate task of reviewing the facts to make a judgment. The trial team thus has to be prepared to make the best presentation of their client’s case, whether in a traditional courtroom or in a contemporary, multimedia courtroom. In most traditional courtrooms, litigants use easels or display boards, blackboards, or erasable whiteboards. These may be used to display exhibits, list items, or provide a space for witnesses to draw diagrams.

In some contemporary courtrooms, these basic tools have given way to more modern technology such as visual presentation systems, and the computer projector. In more complex arrangements, computer monitors are located at the counsel’s table, on the judge’s bench, and in some cases in the jury box or witness stand.

Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Difficult 3. Immediately after the defense attorney for Greenway Chemical finished her opening statement, a lightning strike caused a temporary power failure throughout the courthouse.

Although power was restored within a few minutes, the sudden shutdown of Jack Parsons' laptop damaged its hard drive, which contained the entire trial presentation. The laptop could not be rebooted, and the hard drive was permanently destroyed. All of the necessary files still existed on the file server back at the office, but it would take several hours to obtain a new computer, find a secure Internet connection, and upload the files. In chambers, Jack explained

442

the situation, but the judge refused to grant a continuance or a recess. What could Jack have done to avoid this disaster?

Answer: Jack should have saved an exact copy of the entire presentation file, along with backup of the trial presentation software, on a separate external hard drive. This external hard drive would have been protected from being damaged by the electrical storm. Jack also could have used a back-up power supply to keep the equipment running, even during the outage. As an added layer of protection, he could have had a back-up laptop with the same files and software to replace the failed unit.

Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Difficult 4. The trial date is rapidly approaching, and Jack Parsons and his team have met to discuss what software and display technologies they should use to present their case. They know that some of the expert testimony would need to be presented in video form, and the jury would need to be shown charts and graphs to help them understand the scientific evidence. In his many years as a trial lawyer, Jack was familiar with most of the judges and courtrooms in their local jurisdiction. Unfortunately, the case had been removed from their local court to a new judge in another jurisdiction on the opposite side of the state. In this other court system, the facilities varied from courtroom to courtroom. Some were equipped with monitors, while others had nothing more than power outlets in the walls. Jack also had no idea what was available in their assigned courtroom. What steps should the trial team take at this point before they proceed further with their planning?

Answer: It will be very important for Jack and his team to contact the IT staff at the courthouse to find out what equipment is available. They should also enquire about exactly what types of technology their new judge permitted in his or her courtroom for trial presentation. They should then develop their presentation based on these rules and what is available in their courtroom.

The IT staff should be involved during the process in assisting them with their planning.

Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate Chapter 15 Critical Thinking 1. Although Kate Sandberg was a seasoned trial attorney, she had never conducted a trial in federal district court. And although she had occasionally presented video depositions at trial, this was the first case she had handled that required a projector, laptops, audio equipment, and other electronic gear to be brought into court for presentation. She was also aware of the tight security at the federal district court. What precautions should she take to avoid any unnecessary problems on the day of the beginning of trial?

443

Answer: Everyone entering the building must be subjected to metal scanners, X-ray machines, and briefcase searches. Anything out of the ordinary, particularly electronic equipment, will be given special scrutiny. It will be necessary to clear the equipment with security well in advance of trial. The security office at the courthouse should provide the team with the policy and procedures for bringing the equipment into the courthouse.

Objective: Describe how the court staff can assist the legal team with using electronic resources in the courthouse.

Page Numbers: pp. 465-466 Level: Intermediate 2. Jack Parsons' trial team planned to develop a state-of-the-art multimedia presentation combining the use of graphics, video testimony, and other technologies to present their case.

However, other than the occasional video deposition, the new judge assigned to the Greenway Chemical case had never presided over a case that utilized a computer presentation as advanced as that envisioned by Jack and his team. He was wary of "losing control" of his courtroom and having a decision overturned on appeal because the jury was exposed to inadmissible evidence. What assurances can the trial team give the judge, and what technological solution can be incorporated into the courtroom technology?

Answer: The IT staff, working with the trial team, can incorporate a "kill switch" in the presentation equipment. This switch, located at the judge's bench, will interrupt the feed from the trial lawyers' laptop to the projector or monitor. If an objection is raised by the defendant, the judge can immediately cut off the presentation and prevent the jury from seeing anything further until the objection is ruled upon.

Objective: Describe the elements of the electronic courtroom Page Numbers: pp. 451-465 Level: Difficult

444

Chapter 16 Presentation and Trial Graphics Chapter 16 Multiple Choice 1. Spreadsheets, such as Excel, are a. usually considered too complex for a jury to understand. b. difficult to modify if the evidence changes. c. a useful way to present information both before and during trial. d. too informal to send to other parties.

Answer: c Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 2. Presentation programs typically provide stock templates of: a. court documents and the substantive rules. b. court rules of decision. c. graphics, artwork, and layout as a sample that the user can modify. d. court documents and rules of procedure.

Answer: c Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 3. Graphics programs are used to create graphics for presentation either as: a. part of a graphics presentation or part of a summary of events. b. stand-alone graphics or as a series of documentation. c. stand-alone evidence or as part of all of the evidence being presented. d. stand-alone graphics or as part of a graphics presentation.

Answer: d Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 4. _______ is a graphics program that provides thousands of predesigned objects and elements, including specialty features for different professions and businesses. a. Access b. SmartDraw c. PDF d. VoIP 445

Answer: b Objective: Create an accident scene exhibit using graphics software.

Page Numbers: pp. 486-489 Level: Intermediate 5. ________ allows many enhancements to a slide presentation, including transition animations and sounds. a. PowerPoint b. SmartDraw c. Summation d. Trial Director Answer: a Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 6. A good PowerPoint presentation can reinforce and highlight the speaker’s: a. facts and law b. ideas and concepts. c. legal issues d. rules and cases Answer: b Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 7. Template examples from graphics programs can be modified by using the ________ and ________ technique. a. copy; cut b. copy; paste c. drop; drag d. cut; paste Answer: c Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 8. Trial presentation programs allow the legal team to organize and control the documents, depositions, photographs, and other data as exhibits for trial, and then: a. revise their opening and closing statements. b. review all the evidence to continue the necessary research in the case. c. display them as evidence when needed. d. distribute them to the jury when needed.

Answer: c 446

Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 9. Not all ________ formats can be used in all trial presentation programs. a. native b. TIFF c. PDF d. brief Answer: a Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 10. It is possible to create ________ in court, on a laptop computer, to meet an unexpected factual twist and display the image using the laptop and projection unit. a. opening and closing arguments b. pre-trial orders c. trial graphics d. trial briefs Answer: c Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 11. Generally, the text of the first slide in a PowerPoint presentation tells the potential judge and jury: a. what should be considered evidence and what should not. b. who the attorneys are (contact information) and which side they represent. c. what the presenter is going to tell them. d. what kinds of arguments they should anticipate.

Answer: c Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 12. PowerPoint allows many enhancements to a slide presentation, from slide transitions — like fading in and fading out and the addition of ________ during a slide transition. a. scanning b. editing c. reflections 447

d. sounds Answer: d Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 13. Viewability in PowerPoint means: a. using sounds for effect. b. using pictures to create lasting impressions that you want to leave in the mind of the jury. c. using background and text color combinations that can be read by everyone in the room. d. using slides that support ideas in as few words as possible Answer: c Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 14. Imagery in PowerPoint means: a. using sounds for effect. b. using slides that support ideas in as few words as possible. c. using pictures to create lasting impressions that you want to leave in the mind of the jury. d. using background and text color combinations that can be read by everyone in the room Answer: c Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate .

15. Density in Power Point means: a. using pictures to create lasting impressions that you want to leave in the mind of the jury. b. using background and text color combinations that can be read by everyone in the room. c. using slides that support ideas in as few words as possible. d. using sounds for effect.

Answer: c Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 16. Trial presentations frequently include videotaped depositions and the presentation of images, photos, videos and: 448

a. the drop & drag feature. b. portions of documents. c. juror background information. d. icons for creating graphics.

Answer: b Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 17. Graphics used during the pretrial settlement process are a. barred from use at trial by the rules of evidence b. protected by work product privilege. c. seldom used at trial because they are already revealed. d. often used as trial exhibits.

Answer: d Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 18. Some PowerPoint presentations pointers include: a. using a few words per slide, using different sounds and pictures per slide, and standing in front of the presentation when speaking. b. using a few words per slide, and using different sounds and pictures per slide. c. using a few words per slide, using sounds when appropriate, and choosing pictures wisely. d. using a few words per slide, using sounds when appropriate, and using vibrant and flashy background colors behind the text.

Answer: c Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 19. Trial presentation programs allow the legal team to ________ and ________ the documents, depositions, photographs, and other data as exhibits for trial, and then display them as evidence when needed. a organize; copy b copy; scan c organize; control d copy; mark Answer: c Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 449

Level: Intermediate Chapter 16 True-False 1. Using the various office suite tools, settlement brochures can be created in-house. a. True b. False Answer: True Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 2. Properly prepared graphics are an excellent way of telling a story and expressing a key point, whether to a jury or a client. a. True b. False Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 3. Less people are using graphics in presentations as graphics software has become less affordable and more difficult to use. a. True b. False Answer: False Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 4. Among the most accessible presentation graphics programs are those that are part of office suites a. True b. False Answer: True Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Difficult 5. Photos are one of the most common types of courtroom exhibits, but their impact often depends on their size and visibility.

450

a. True b. False Answer: True Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 6. Presentations in the legal community are typically used to reinforce the ideas, concepts, and thoughts that the presenter wants to emphasize. a. True b. False Answer: True Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 7. Creating slide presentations in PowerPoint has become more difficult because of the wide variety of available templates and content slides. a. True b. False Answer: False Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 8. Graphics and documents created in other applications cannot be imported into PowerPoint presentations or other programs. a. True b. False Answer: True Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Basic 9. PowerPoint allows many enhancements to a slide presentation, such as slide transitions. a. True b. False Answer: True Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate

451

10. Presentations may also be enhanced, when appropriate, by the introduction of sound. a. True b. False Answer: True Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 11. Graphic elements cannot be moved in front of or in back of another graphic in a PowerPoint slide a. True b. False Answer: False Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 12. Microsoft provides a number of Web-based tutorials for learning how to use the different features in PowerPoint. a. True b. False Answer: True Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Intermediate 13. Microsoft Access is a popular graphic drawing program that is often used to display engineering and architectural design elements, such as drawings of buildings and roadways. a. True b. False Answer: False Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Difficult 14. SmartDraw provides a number of templates of graphs and diagrams that are useful in litigation. a. True b. False Answer: True Objective: Create an accident scene exhibit using graphics software.

Page Numbers: pp. 486-489 452

Level: Basic 15. The starting point for creating a graphic is selecting the template or sample that most closely resembles the actual image. a. True b. False Answer: True Objective: Create an accident scene exhibit using graphics software.

Page Numbers: pp. 486-489 Level: Intermediate Chapter 16 Fill in the Blank 1. Using the various ______ suite tools, settlement brochures can be created in-house.

Answer: office Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 2. ______ is a graphic creation program that provides thousands of templates and icons for creating graphics quickly.

Answer: Smartdraw Objective: Create an accident scene exhibit using graphics software.

Page Numbers: pp. 486-489 Level: Intermediate 3. The starting point for creating a graphic is selecting the ______ or sample that most closely resembles the actual image.

Answer: template Objective: Create an accident scene exhibit using graphics software.

Page Numbers: pp. 486-489 Level: Basic 4. A typical art clip in PowerPoint has a _________ handle at the top of the image and corner, and sometimes middle handles Answer: rotation Objective: Create an accident scene exhibit using graphics software.

Page Numbers: pp. 486-489 Level: Basic 5. _________ in the legal community are typically used to reinforce the ideas, concepts, and thoughts that the presenter wants to emphasize Answer: Presentations 453

Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: basic 6. ____________ has become the standard for making electronic presentations to all types of audiences, from grade-schoolers to courtroom juries.

Answer: PowerPoint Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: basic 7. Task lists, otherwise known as “to-do lists,” can be created using the electronic _______ in the office suite.

Answer: database Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: difficult 8. A __________ can be used to display data in an easy-to-read format.

Answer: spreadsheet Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 9. ______________ brochures that are sent to the opposing side now include graphics to illustrate the theory of liability, the damages, and the potential evidence that will be used if the case goes to trial.

Answer: Settlement Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Difficult 10. If the case does not settle before trial, the graphics created in the pretrial process may be used as _______ exhibits.

Answer: trial Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate Chapter 16 Matching 454

1. viewability

a A drawing program that is often used to display engineering and architectural design elements, such as drawings of buildings and roadways

2. density

b A feature of a PowerPoint presentation that allows one slide to flow into another by fading, or other techniques.

3. Clip Art

c A program that provides thousands of predesigned objects and elements, including specialty features for different professions and businesses.

4. imagery

d The ability of applications within office suites to provide options or links to import or export files.

5. Visio

e The use of appropriate background and color combinations to make sure that images in a presentation are visible.

6. program integration

f The use of an appropriate amount of text to support ideas in a presentation.

7. SmartDraw

g Predesigned images within Microsoft applications that can be pasted within documents.

8. transition

h The power of a presentation to leave a strong visual impression with the viewer.

9. spreadsheet

i. A computer software program for creating, 455

10. word processor

editing, and producing word documents in various formats. j. A computer software program with rows and columns in which primarily numeric data may be manipulated using formulas.

1. e 2. f 3. g 4. h 5. a 6. d 7. c 8. b 9. j 10. i Objective: n/a Page number: n/a Level: Basic Chapter 16 Essay 1. Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Answer: Graphics now play an important role not only during trial, but also in the stages leading up to trial. Using photographs, videos, computer simulations, timelines, and other graphics, the litigation team can get a better understanding of the facts and legal theories that support a case.

Once these factors are understood and clarified by both parties, settlement is more likely. Thus, settlement brochures that are sent to the opposing side now include graphics to illustrate the theory of liability, the damages, and the potential evidence that will be used if the case goes to trial. If the case does not settle before trial, the graphics created in the pretrial process may be used as trial exhibits.

Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 2. How can a spreadsheet be used effectively at trial?

Answer: A spreadsheet can be used to display data in an easy-to-read format. For example, a spreadsheet might be used in a family law case to show the expenses and income

456

needs of the custodial parent. A spreadsheet can also be set up with columns that identify and track expenses, individual client medical expenses, or any other set of data for which keeping track of the items and amounts is important.

Objective: Explain how graphics created with ordinary office suite applications and presentation graphics programs may be used in litigation.

Page Numbers: pp. 472-478 Level: Intermediate 3. How are presentations used in the legal community?

Answer: Presentations in the legal community are typically used to reinforce the ideas, concepts, and thoughts that the presenter wants to emphasize. A good presentation can enhance and highlight the speaker’s ideas and concepts, whereas a poor presentation can undermine all the hard work that went into it. PowerPoint has become the standard for making electronic presentations to all types of audiences, from grade-schoolers to courtroom juries. If used appropriately, PowerPoint can emphasize the speaker’s main ideas and aid an audience’s understanding.

Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: basic Chapter 16 Critical Thinking 1. The Greenway Chemical trial seems to be going well, as the plaintiffs' experts provided powerful testimony connecting the discharge from the plant to the plaintiffs' illnesses. Jack Parsons is now working feverishly on his closing argument. Although the facts tended to favor his client, the case involved very complex scientific issues based on technical medical and toxicological evidence. He needed to present these facts to the jury as clearly and as simply as possible. Because he was most familiar with PowerPoint, he decided to use this software for his closing argument. What suggestions would you give him in developing his presentation?

Answer: First, he should be concerned about the view ability of the slides. Background and color combinations should be visible to everyone in the room. The slides should also support the main ideas in as few words as possible. They should sum up her main arguments without the jury having to read too much text. While presenting, he should make sure he is standing to the side, so that the images can be seen by everyone. Finally, he should choose images wisely, picking only those images that can leave an impression in the minds of the jury.

Objective: Create a basic PowerPoint presentation.

Page Numbers: pp. 479-484 Level: Difficult 2. While Kate Sandberg was preoccupied with concluding the Synchromotive case, one of her junior associates, Tim Decker, was assigned to handle another case that was approaching trial.

The case involved an automobile collision at an intersection controlled by a traffic light. The 457

facts of the collision were disputed, and winning the case depended on the timing and relative positions of the various cars involved. Tim needed to be able to show the jury the sequence of events in the collision so they could understand his client's version of the case. However, the trial was only three days away, and there were no videos or any other images of the collision.

How can Tim effectively demonstrate for the jury how the collision occurred? What tools are available to him?

Answer: Tim could use software such as Smart Draw to quickly create a reconstruction of the accident. Smart Draw provides many templates and icons showing various types of intersections. The templates can be modified by dragging and dropping vehicle icons into the template. He could create a series of images showing the sequence of events, and the positions of the vehicles at each moment in the accident. The images can then be exported to PowerPoint to create a seamless presentation.

Objective: Create an accident scene exhibit using graphics software.

Page Numbers: pp. 486-489 Level: Basic

458

Chapter 17 Electronic Trial Presentation Chapter 17 Multiple Choice 1. Advanced presentation programs have the advantage of a. wide acceptance in nearly every courtroom. b. being able to use a variety of file types. c. requiring little training or practice. d. never requiring an outside consultant.

Answer: b Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 2. When moving files within a case presentation in Windows, it is recommended to use the ________ command. a. Save b. Delete c. Save As d. Cut Answer: c Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 3. When a video deposition is shown in Sanction, a transcript of the testimony a. can be shown simultaneously with the video. b. will always be inadmissible at trial. c. can only be shown after the video is concluded. d. is displayed prior to the start of the video Answer: a Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 4. The presentation equipment that may be used in a particular courtroom is determined by a. state statute. b. the judge. c. the reasonable judgment of the trial team. d. the jury’s preferences.

Answer: b Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 459

Level: Difficult 5. The best way to insure against the failure of technology during trial is to a. have a complete backup system of all files, software, and sometimes, hardware. b. bring all necessary manuals and tutorials to trial. c. use only new computers during trial. d. limit the use of technology in trial presentations Answer: a Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 6. In Sanction, when individual files are dragged and dropped, a. the file is deleted from its original location. b. the file is moved to a new location. c. a link to the file is created in the new location. d. copies will exist in both locations.

Answer: c Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Difficult 7. In Windows Explorer, multiple files may selected using the a. shift key b. control key c. escape key d. alt key Answer: b Objective: Explain how presentation software is used in litigation Page Numbers: 518 Level: Basic 8. In Sanction, exhibits in the ________ can be dragged and dropped to the presentation folder. a Exhibit Column b Document Cell c Exhibit List d Tree View Answer: d Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Basic 9. When using a trial presentation program to manage files in multiple formats, a any format can be converted by the program to single format.

460

b some native formats may not be supported by the program. c all the files will maintained in their original format. d all of the files should be kept in their native format before incorporating them in the presentation Answer: b Objective: Create a case presentation Page Numbers: pp. 517-520 Level: basic 10. In Sanction, a smaller version of an image created by the program for organizing is a called a _______ view. a thumbnail b miniature c condensed d reduced Answer: a Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Basic

11. In a large or complex cases, different parts of the trial presentation in Sanction can be organized into separate a hard drives b memory sticks c menus d presentation folders Answer: d Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate

12. A videotape or electronic recording of a deposition can be used in trial as cost-effective method of presenting ________, who for reasons of health or distance would not otherwise be available to testify personally at a trial. a clients, or for the judge b expert witnesses, or for witnesses c clients, or for jurors d clients, or for the witnesses Answer: b Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate

461

13. In Sanction, the entire finished presentation is viewed using a Final Mode b Presentation Mode c Combined Version d Trial Version Answer: b Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 14. The Tear Out feature in Sanction allows the user to a block out sensitive information. b place a section of information in separate file. c delete unwanted information. d show selected text in a larger separate window.

Answer: d Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 15. The final ________ usually may be previewed on the computer or laptop screen using the dual monitor mode before being projected. a closing argument b presentation c witness’s testimony d voir dire Answer: b Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 16. In Sanction, the labels that can be used to point out parts and features in an image are a balloons b pointers c callouts d signs Answer: c Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 17. When using transcripts in a Sanction presentation, a only the ASCII format may be used. b different formats may be used.

462

c only the text file may be used. d it must be in either Word or Wordperfect format.

Answer: b Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 18. The annotations tools in Sanction are located in the a Mark Up window. b Insert tab. c Image Tools tab. d Editing menu.

Answer: c Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 19. In the course of a trial, the team may need to adapt or modify a presentation to changes due to a changes in a witness’s testimony. b new evidence revealed during the trial. c objections to evidence sustained by the judge. d all of the above Answer: d Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 20. Ideally, when creating a presentation created with a trial presentation program, all of the data should be a contained in the internal hard drive on the computer. b distributed among a set of flash drives, organized by data type. c located only on a single, secure external hard drive. d stored primarily on the internal hard drive, with additional files on a flash drive.

Answer: a Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate Chapter 17 True-False 1. The primary goal of every trial attorney is to make the best possible presentation of the case and obtain a favorable verdict. a. True 463

b. False Answer: True Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 2. Effective trial presentation normally does not require the use of photographs, videos, computer simulations and other multimedia elements. a. True b. False Answer: False Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 3. Trial presentation programs allow different types of media -- including still photographs, text documents, video and sound clips, and computer simulations -- to be organized and displayed using a single program. a. True b. False Answer: True Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 4. Trial presentation programs provide a single point of access for exhibits of different types. a. True b. False Answer: True Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Difficult 5. One of the disadvantages of advanced trial presentation programs is their inability to work with a variety of file types. a. True b. False Answer: False Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 6. Presentation programs like Sanction and TrialDirector allow the legal team to assemble all of the electronically storable evidence in one program.

464

a. True b. False Answer: True Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 7. Attorneys rarely bring extra copies of electronic files or even extra computers. a. True b. False Answer: False Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Basic 8. The first step in creating a presentation is to create a new case and setup the location for saving the files and folders for the case. a. True b. False Answer: True Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Basic 9. A presentation may contain any of the various files loaded into Sanction. . a. True b. False Answer: True Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 10. Only one presentation per case should be created in Sanction. a. True b. False Answer: False Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 11. Sanction has a set of tools for marking up and annotating items. a. True b. False Answer: True 465

Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 12. More and more courts are allowing litigants to bring computer-based electronic display systems for use in trial. a. True b. False Answer: True Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 13. Litigation presentation programs like Sanction are multifaceted trial presentation programs that offer a comprehensive approach to presenting all types of exhibits in the courtroom. a. True b. False Answer: True Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Difficult 14. Setting up a basic trial presentation does not require an understanding of Windows tools. a. True b. False Answer: False Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Basic 15. Office management programs are computer programs that organize and control documents, depositions, photographs and other data as exhibits for trial. a. True b. False Answer: False Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate Chapter 17 Fill in the Blank 1. Trial _____ programs allows the legal team to organize and manage the documents, depositions, photographs, and other data and then display them when needed during depositions or trial.

466

Answer: presentation Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level:Intermediate 2. Early in trial preparation, the legal team should confirm that all the file formats are _____ with the chosen trial presentation programs.

Answer: compatible Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 3. Presentation programs like Sanction and TrialDirector allow the legal team to assemble all of the electronically storable evidence in one _____.

Answer: program Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Basic 4. Trial presentation programs allow existing files to be _____ by copying them into the program data file and making a selection for presentation.

Answer: presented Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Basic 5. A videotaped deposition of a witness may be presented with a written ____ displayed simultaneously in a split screen.

Answer: transcript Objective: Create a case presentation Page Numbers: pp. 517-520 Level: basic 6. Many attorneys will bring a complete _______ system to trial, including extra copies of electronic files or even extra computers.

Answer: backup Objective: Create a case presentation Page Numbers: pp. 517-520 Level: difficult 7. Multiple files can be selected in Windows Explorer by holding down the ____ key and pointing and clicking on each desired file with the left mouse button.

Answer: control Objective: Create a case presentation 467

Page Numbers: pp. 517-520 Level: difficult 8. To create a presentation in Sanction, desired items from the exhibits listed in the ____ view may be selected.

Answer: tree Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 9. Comments or notes added to a document or image to aid understanding are called ________.

Answer: annotations Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate 10. The written version of deposition or other testimony is called a _______________.

Answer: transcript Objective: Create a case presentation Page Numbers: pp. 517-520 Level: Intermediate Chapter 17 Matching 1. callout

a In Sanction, the list of all available files in a presentation.

2. annotation

b A smaller version of an image that may be provided for convenience in organizing files.

3. trial presentation

c Comments or notes added to a document or image to aid understanding.

4. transcript

d Software that allows the legal team to organize all documents, photographs, and other data so they can be used when needed during depositions or trial.

468

5. ACSII

e A text format that may be used as a file format for deposition transcripts.

6. Tear Out

f The written version of deposition or other testimony.

7. thumbnail

g A type of annotation to an image that points out or calls attention to a particular part or feature.

8. Tree View

h A feature in Sanction that allows the user to pull out a specific section of text and display it in a larger, separate window. i. Multiple files can be selected in Windows Explorer by holding down this key.

9. Sanction

10. Control Key

j. an example of trial presentation software

1. g 2. c 3. d 4. f 5. e 6. h 7. b 8. a 9. j 10. i Objective: n/a Page Numbers: n/a Level: Basic Chapter 17 Essay Questions 469

1. Explain how presentation software is used in litigation.

Answer: Trial presentation programs allow different types of media—including still photographs,text documents, video and sound clips, and computer simulations—to be organized and displayed using a single program. The advantage of these advanced presentation programs is their ability to work with a variety of file types, including video, which is an increasingly popular tool in the courtroom. Video presentations provide a convenient method of showing prerecorded depositions of witnesses, particularly experts who might not be available on short notice to appear in a trial. Presentation programs like Sanction and TrialDirector allow the legal team to assemble all of the electronically storable evidence in one program. In courtrooms equipped with display equipment, it is as simple as hooking up the laptop to the system.

Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate

2. What is the advantage of using video as part of a trial presentation?

Answer: A videotaped deposition of a witness may be presented with a written transcript displayed simultaneously in a split screen. The transcript may be highlighted to focus on specific questions and answers, or it may be annotated. For example, the transcript may be used to point out what the witness said in previous testimony.

Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate

3. How are individual presentations created in Sanction?

Answer: In Sanction, presentations are created in separate file. This allows the attorney to create a separate file for each aspect of a case. Setting up a basic presentation requires an understanding of a few basic Windows tools, such as creating new folders, copying and pasting files, and “dragging and dropping” files and folders from one location to another.

Objective: Create a case presentation Page Numbers: pp. 517-520 Level: difficult Chapter 17 Critical Thinking 1. Steve Gates was one of the engineers who developed the Accelerex device for Electro Tech.

Because he was nearly 90 years old, Kate Sandberg's team took his deposition before trial to preserve his testimony. During his testimony, he provided a vivid description of how he was inspired to develop the device. However, because of his advanced age, his testimony was often

470

muddled and difficult to understand. The trial team also wants to highlight key statements in his testimony. What tools are available to help the team with these issues?

Answer: Kate's team can use software such as Sanction to display the testimony. The video transcript screen can show the video of Mr. Gates next to the transcript of his words so that the jury can hear as well as read it. In the course of the testimony, Kate can highlight specific lines that she wants the jury to focus on. The jury can also be provided with infrared headphones that will allow those with hearing impairments to understand the testimony.

Objective: Explain how presentation software is used in litigation Page Numbers: pp. 514-517 Level: Intermediate 2. In the Greenway Chemical case, Jack's trial team had amassed hundreds of photos, maps, graphs, videos, and document images that they intended to display for the jury over the course of a trial that was expected to last several weeks. The various images and documents were created with a variety of applications, and existed in a variety of formats. Although Jim Cassidy, Jack's paralegal, had created a "master list" of files, listing them in the sequence they were planned to be presented, these files were all scattered among many different folders on a hard drive. It was expected that this sequence would change, perhaps many times, during the course of the trial as defense objections were sustained, witnesses altered their testimony, or new ideas arose. Jack wanted to focus on his trial lawyering skills, such as cross-examining witnesses and speaking to the jury, without having to worry about organizing the exhibits. What tools are available to help with this aspect of the litigation? How can they help Jack's team?

Answer: A trial presentation program, such as Trial Director or Sanction, can be used to organize all the files into a seamless product. In Sanction, various exhibits can be dragged and dropped into presentation folders. When these files are "moved," a link is created in the presentation folder to that document or image, regardless of where it is located on the hard drive. Different parts of the case can be organized in separate folders, and they can be easily moved as circumstances change during the course of the trial. It may be advisable, because of the complexity of the case, to retain a trial presentation consultant to manage the exhibits during the course of the trial.

Objective: Create a case presentation Page Numbers: pp. 517-520 Level: difficult

471