Barriers to Innovative Solutions By Jessica Jeffries, Pantea Mahim, Melissa Freeman, Ylda Kopka and Ean Kryska

1. Barriers to Innovative SolutionsBy Jessica Jeffries, Pantea Mahim, Melissa Freeman, Ylda Kopka and Ean Kryska

2. Richard Zorza, Re-Conceptualizing the Relationship Between Legal Ethics and Technological Innovation in Legal Practice: From Threat to Opportunity, 67 Fordham L. Rev. 2659

3. In General • New Communication Technology Can Increase Access to Legal Services to the Public at Large • Skeptics Fear Longstanding Ethical Rules will be Violated • Argues: Skeptic’s Fear is Misplaced; Innovation can Dramatically Advance Values Ethical Rules Seek to Protect • Implications: Guardians of Ethical Behavior Should Engage in Cooperative Endeavor with Technology Innovators to Shape Technology to Advance Shared Value System.

4. Ethical Concerns and Practice Innovation: The Example of “Brief Service and Advice” • The “Brief Service or Advice” Method • Grown Out of Dwindling Availability of Traditional Representation • Consists of Brief Interaction with Lawyer • Examples • Web-sites that assist litigants with legal information • Court Preparation, Including Form Completion • Brief E-mail Advice for a Small Fee • Other Forms of Formal or Informal Unbundling • Ghost Writing Forms • Pro-se clinics

5. Ethical Concerns and Practice Innovation: The Example of “Brief Service and Advice” • Ethical Concerns • Client Autonomy and Informed Consent • Confidentiality • Conflict of Interest • Zealousness and Loyalty • Competence • Continuity of Representation

6. Important Power of Technology to Transcend Ethical Concerns • Client Autonomy and Informed Consent • Knowledge • Communication • Wider Range of Representation Tools • Shaping the Interaction • Confidentiality • Control over Data • Tracking of Access • Encryption and Security

7. Important Power of Technology to Transcend Ethical Concerns • Conflict of Interest • Indexing • Use of Additional Information • Identity Improvements • Walls Between Information • Zealousness and Loyalty • Communication and Feedback • Visibility

8. Important Power of Technology to Transcend Ethical Concerns • Competence • Knowledge and Skills • Training Technologies • Electronic Peer Review • Statistical Tracking and Analysis • Continuity of Representation • Feedback Systems • Higher Skill • Precision in Goals

9. Returning to the Example—Transformative Technology and Brief Service • Client Autonomy • Client Diagnosis Software • Computer Customized Advice on Access to Knowledge • Customized Updating of Legal Information • Customized Internet Access Advice

10. Returning to the Example—Transformative Technology and Brief Service • Confidentiality • Standardized Reminders for Advice Staff • Focused Attention to Areas of Risk • Conflicts of Interest • Conflict Identification • Zealousness • Giving the Professional Focused Risk Management Information • Pattern-Based Risk Assessment • Statistics on Effectiveness of Approaches and Players

11. Returning to the Example—Transformative Technology and Brief Service • Competence • Follow-up With Client • Institutional Follow-Up • Quality Assurance Review • Continuity • Highlighting Areas of Potential Future Need • Case Monitoring by System Linking

12. Returning to the Example—Transformative Technology and Brief Service • The Central Caution: Consumer Capacity and Consumer Protection

13. Towards a General Analysis: How the Ethical Rules and Their Administration Should Relate to Changes in Technology • Ethical Implications of Innov. Or Tech. Should be Based on Underlying Values, Rather Than on Prior Technical Rules • Rules Governing Tech. Or Service Innov. Should be as General As Possible

14. Towards a General Analysis: How the Ethical Rules and Their Administration Should Relate to Changes in Technology • Ethical Rules Should be Structured to Encourage Experimentation and Innov. • Ethical Rules Should be Structured to Ensure Innov. Are Used Appropriately • Focus on Circumstance-Sensitive and Self-Monitoring Technologies

15. Towards a General Analysis: How the Ethical Rules and Their Administration Should Relate to Changes in Technology • The Rules Should be Structured to Encourage Additional Development in Technology Itself • The Rule-Making Process Should be Restructured to Incorporate the Technological Perspective

16. Jean Holcomb, The Digital Divide and Digital Justice: Do Clients Need a Technology Bill of Rights?

17. Access to Justice Board’s Communications and Technology Committee Created Project Outline to Provide a Roadmap for Engaging ATJ Network Members in a Discussion of Drafting Tech. B of R Jean Holcomb, The Digital Divide and Digital Justice: Do Clients Need a Technology Bill of Rights?

18. Jean Holcomb, The Digital Divide and Digital Justice: Do Clients Need a Technology Bill of Rights? • Need to Find Answers to Following Questions • Who will play a Role in Steering Project? • Who will be the Drafters? • How Will Tech. Access Issues be Spotted? • How will Rights be Articulated and and Protected? • How will Standards for Review of Technology be Publicized?

19. Jean Holcomb, The Digital Divide and Digital Justice: Do Clients Need a Technology Bill of Rights? • Questions Cont: • What Sort of Document Will be Created • What Forums will Review the Document • Who will be Signatories to the Document • What is the Timeline • What Steps Must be Taken to Ensure Doc. Becomes Part of A Living Process

20. Jean Holcomb, The Digital Divide and Digital Justice: Do Clients Need a Technology Bill of Rights? • Digital Divide • Training and Support • Access to Equipment • Privacy and Cost Factors • Issues • Internet-Content Related Barriers • Lack of Cultural Diversity • Lack of Access to Information • Literacy Barriers • Language Barriers