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The phrase, "The Digital Lawyer"
was first coined by Professor M. Ethan Katsh in a series of
articles and his book, "Law in a Digital World." Katsh
has written:
"The essential difference between
the digital lawyer of the future, which may turn out to be
the only kind of lawyer to thrive in the future, and today's
attorney, lies only partly in access to technology and in
skill in using technology. Rather, the core change in the
digital lawyer is an understanding of the value of
information in an environment where new tools for processing
and communicating information make adding value to
information and using information to develop new
relationships the central concern of the economic system. The
digital lawyer knows that although the new media present
opportunities to save time, the most novel characteristic of
these technologies may be in how they operate on space and
distance. The successful digital lawyer is one who knows that
he or she is in the information business as much as in the
legal business, and that while automation often means that
"time is money" in law practice, the more important
insight is that "information is money."
Clients come to lawyers because they lack
specific knowledge that lawyers possess. The heart of law
practice is providing specialized knowledge in a variety of ways.
Recent advances in information technology are transforming the
methods that lawyer's use for processing knowledge and delivering
legal services to clients. The microcomputer and access to the
network are becoming a critical tool in every aspect of law
practice.
The microcomputer is now a fixture on every
lawyer, paralegal, and secretarial desk and almost every law
practice function has been touched by information technology from
"back-office" functions, such as accounting and
record-keeping to such traditional lawyer tasks as document
creation and litigation support. New enabling software
technologies will be used to increase the productivity and
effectiveness of lawyers. These enabling technologies are; (1)
diagnostic check-lists or knowledge-based systems; (2) electronic
procedural guides; (3) intelligent front-ends to data bases; 4)
document assembly systems; (7) imaging technology; (6) multimedia
technologies; and (7) communication technologies such as the
Internet. The convergence of these technologies is transforming
the way law is practiced.
The Digital Lawyer is lawyer who
practices law making optimal use of networked computer technology.
A digital lawyer is not a lawyer who practices "computer
law", which is a subspecialty within intellectual property
law. Nor is it a lawyer who specializes in the what is known as
cyberlaw, or the law of electronic networks. The key to
understanding the concept of the digital lawyer is the
application of information technology to every aspect of the
lawyer's practice.
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