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Name: Judiel M. Pareja Subject: IT and the Law

Course and Year: LLb 2 Date: October 29, 2009

Practice of Law in the Digital Age

Freeman Dyson said, Technology is a gift of God. After the gift of life it is

perhaps the greatest of God's gifts. It is the mother of civilizations, of arts and of

sciences. Technology is the force that shapes the destiny of man in this fast changing

world. Life is more convenient and exciting in this 21st century because of the new and

sophisticated technologies that we have. Today we have computers, cellular phones,

medical scanners, robots, spaceships and others. Since we live in a rapidly changing

world, technological advances are increasing quality of life.

Technology and the Law

The effect of this phenomenon is so wide that it reaches the pillars of the legal

profession. The practice of law in the past is very much different now because of the

advancement of technology in our society.

An important key in understanding the effects of technology to the legalprofession is the knowledge of the concept of practice of law. What is practice of law?

According to Wikipedia, the free encyclopedia, practice of law , [i]n its most general

sense, involves giving legal advice to clients, drafting legal documents for clients, and

representing clients in legal negotiations and court proceedings such as lawsuits, and is

applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or

civil law notary. The practice of law is a profession, a form of public trust, the

performance of which is entrusted only to lawyers. Practice of law, according to Justice

Edgardo Paras in Cayetano vs. Monsod, means any activity, in or out of court, which

requires the application of law, legal procedure, knowledge, training and experience.

Because lawyers perform almost every function known in the commercial and

governmental world, the definition of practice of law should obviously be too global to be

workable. Practice of law is not limited to litigation, unless the lawyer is one of the

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relatively rare types a litigator who specializes in this work to the exclusion of much

else. The role of lawyers is vital not only in courts but it also plays a crucial function in

every sector of our society. The legal profession is a vital element in nation building

since no society will exist without rule of law. Hence, we are hoping that our lawyers will

be more mentally, physically and spiritually fit in carrying out their significant

responsibilities in our community.

Now, the world becomes digital. Law today has also entered the digital age.

Everywhere we see products of technology, i.e., the raffling of cases can now be done

electronically. Information technology changes the course of the legal profession. The

way law is practiced - how truth and justice are represented and assessed - is

increasingly dependent on what appears on electronic screens in courtrooms, law

offices, government agencies, and elsewhere. Practicing lawyers know this and are

rapidly adapting to the new era of digital visual rhetoric. This is evident in the case filed

by the UC Legal Aid against Waterfront Hotel for the damages the latter inflicted to the

community. The prosecution is very dependent on pictures and videos to substantiate

its claim. It is evident in the aforementioned case that law and technology go hand-in-

hand in the administration of justice.

The Digital Lawyer

How have lawyers prepared themselves to deal with this technological

revolution? As a profession, lawyers have fallen behind other professions and business

in society. This lapse in learning has consequences. Already lawyers who have made

the effort to keep up with technology have an edge over those who haven't. The old

lawyers stuck to the traditional way of practicing law a boring, time consuming and

stressful manner of doing legal work.

Who is a digital lawyer? M. Ethan Katsh said that Digital lawyer is a lawyer who

is one who has a: [s]ensitivity to the value, qualities, and capabilities of information in

electronic form is probably the distinguishing characteristic of the digital lawyer. Such

lawyers will understand that supplying the right information quickly is more important

than ever before. Such lawyers will be aware that the "library" of cyberspace can be

virtually any computer or any individual connected to the network. Such lawyers are

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likely to depend heavily on data communications to clients and on a "network" of

colleagues, consultants, acquaintances, and experts.

The central change in the digital lawyer is an understanding of the importance

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 system of our society.

What are the skills that are necessary to become a digital lawyer in an age where

all law is in electronic format? According to Richard S. Granat, there are at least three

sets of skills that modern lawyers need in order to capitalize on new developments in

information technology, namely: electronic information retrieval skills; skills in electronic

communication; and skills in electronic publishing.

Electronic Information Retrieval Skills

Lawyers were one of the first professions to use automating information

retrieval technology through the use of legal databases. Electronic information

retrieval skills are a broader concept than understanding how to find a particular

case. The digital lawyer understands that the legal world consists of a set of

databases.

Knowing how to design, create, and retrieve information, from data bases,

both legal and non legal, quickly and efficiently is the hallmark of the digitallawyer.

Skills in Electronic Communication

A second critical skill is to understand how to communicate electronically.

Communication is at the heart of the legal enterprise. Lawyers communicate to

clients, to other lawyers, to courts and agencies.

Skills in Electronic Publishing

By electronic publishing we mean more than word processing. Understanding

modern electronic publishing technology means knowing how to use these

technologies to manage the shift from delivering legal services on a one-to-one

basis to a one-to-many basis that teach clients about the law as well as provide

services to them. It means having the capacity to produce multimedia legal

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documents and file or deliver them electronically any where in the world (Re-

training Lawyers for the Digital age).

Final Words

Confronting our challenges and building upon our strengths- those are the two

polestars that will guide our Judiciary as we enter the new millennium. I hope that with

this advancement of science and technology, our judicial system will become more

efficient, transparent and effective. Lawyers should learn to embrace the benefits

brought by these changes to ensure speedy administration of justice.

Mabuhay ang Pilipinas!

Lives of great men all remind usWe can make our lives sublime,

And, departing, leave behind usFootprints on the sands of time.

- Henry Wadsworth Longfellow

Bibliography:

Book

Villareal, Edgardo II. Legal Profession. Manila: Rex Printing Company,

Inc. 2002

Websites

http://www.digital-lawyer.com/retrain.html

http://www.lawphil.net/judjuris/juri1991/sep1991/gr_100113_1991.html

http://en.wikipedia.org/wiki/Practice_of_law

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http://www.digital-lawyer.com/retrain.htmlhttp://en.wikipedia.org/wiki/Practice_of_lawhttp://www.digital-lawyer.com/retrain.htmlhttp://en.wikipedia.org/wiki/Practice_of_law