Introduction to Legal Technology, Unit 3: Computer Hardware, Software, and the Internet

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Unit 3: Computer Hardware, Software, and the Internet

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Kaplan University

Part 1:

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

A: First off, lying is simply morally and ethically wrong. Rule 3.3: Candor Toward the Tribunal (“Rule 3.3, Candor Toward the Tribunal,” 2016), outlines that lawyers will not knowingly make false statements, offer evidence known to be false, and represent someone who they know will engage in fallacies. Rule 10: Model Rules for Lawyer Disciplinary Enforcement (“Rule 10, Model Rules for Lawyer Disciplinary Enforcement,” 2016) outlines the types of sanctions which could be imposed for misconduct. Certain sanctions can be from simple reprimand to disbarment by the court.

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

A: Social media is everywhere and so common that it is hard not to use it in the preparation of a case. An article published in ‘Law Practice Today’ (Gaffney, 2015) discuses social media’s impact on litigation. Two attorneys were interviewed for this article with one stating that social media is ‘a fantastic tool’ and ‘social media platforms should not be overlooked as a potential source of information’. The second attorney seemed to use in constantly, stating ‘admissibility is the only limit on the usefulness of social media’ and ‘judges are increasingly comfortable with admitting social media evidence.’

What I gather from the article is that using social media in the preparation of a case is acceptable and widely used.

Part 2:

A paralegal tries to file a pleading to avoid the statute of limitation deadline. Watch the video case study: Filing Documents and Court Deadlines. Answer the following questions:

1. Does electronic filing prevent missing deadlines?

A: No. According to an article written in June 2011, by W. Kelly Stewart and Jeffrey L. Mills titled ‘E-Filing or E-Failure, New Risks Every Litigator Should...