Virginia State Bar

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VSB Technology Committee Meeting Teleconference
September 19, 2007

In attendance:            
Sharon D. Nelson, Chair
Ann K. Crenshaw
Alan S. Goldberg
Fredric Lederer
Walter Everett Lupton
John Michael Powell
Blackwell N. Shelley Jr.
Hon. Clifford R. Weckstein
Rodney A. Coggin, liaison

Sharon Nelson reported that VSB President Howard W. Martin Jr. had reviewed the draft mission statement and liked it.

Coggin reported that the Intellectual Property Section had preempted the technology committee’s annual meeting CLE proposal last year.  He said that the technology committee has no budget, meaning that if there were expenses for speakers or AV equipment at the annual meeting, it would probably be better to have some cooperative sponsorship with a section that does have a budget.  He said that Bet Keller, who is the Bar Services Manager, did say that if that were not the case and  the committee wanted to go solo that she would consider – her committee would consider – helping with expenses.

Nelson suggested that the Litigation Section of the Bar might be a prospect for cooperation on a program.

Nelson said that the committee will meet this year only through teleconferences and at the annual meeting.   

Nelson asked if there were changes or suggestions related to the draft mission statement. A number of suggestions were made and Nelson will incorporate them in a draft that will be transmitted to the Committee members.

Fredric Lederer noted that he works with Rebecca Hulse  in the Courtroom 21 Project who is a recognized in Virginia– along with Nelson – as an expert in privacy and rights of public access.  He said that she is a joint appointment for the William & Mary law school and the National Center for State Courts and may be an asset the Committee can tap.

Goldberg suggested– as part of the familiarization process—that a CV of each member be sent to all others. Coggin volunteered to collect, edit and send the bios.

Coggin mentioned that Everett Lupton will write an article for the October magazine on metadata. Nelson said that the District of Columbia has just released a metadata opinion (341) listed the Legal Ethics Committee of the DC Bar, and that she had posted  a link to it on her blog, Ride the Lightning. http://www.ridethelightning.senseient.com. She said that the American Bar Association had “gotten it right” on the issue.

The Committee then talked about the prospective CLE for the annual meeting next June. Coggin said that a section CLE proposal might have an earlier consideration by the management committee of the annual meeting that meets on November 5. Ann Crenshaw said that she is an adjunct member of the Litigation Section board of governors and that she will suggest a CLE link-up with the committee when it meets on Friday, September 28.  Nelson suggested that a CLE program could include a “report from the battlefield.” Nelson said that she and John Simek wrote the electronic evidence handbook along with a federal litigator, and are scheduled to have published in March of next year a new book on electronic evidence best practices.  It will include case digests for all the cases which have touched on the new rules.  She said that she and Simek produce the written materials and the PowerPoint, and bringing a judge for color commentary. She said that her preferred judge for such presentations is Judge Gerald Lee from EDVA.

Goldberg said that he would  enhance it by including small firm or smaller firm focus points. Nelson said that she teaches another CLE called Electronic Evidence in Everyday Cases, and that she would mention it to the litigation section chair. Coggin read from the CLE workshop guidelines that each section will be allotted a total of one and a half hours for its CLE workshops and an additional half hour for section business meetings. Nelson and Goldberg agreed to talk offline about describing the nature of the proposed CLE.     

Powell said that the committee had in an earlier year had the tech  specialist from the Executive Secretary’s office at the Supreme Court of Virginia  brief the committee on what they were trying to do to facilitate  electronic filing  and suggested that he might be and  a source  for the committee finding out what is happening at the state court level. Nelson said that the committee should renew its interest and currency on the issue. She said that that the federal government is prepared to give away its electronic filing system and that the state needs to take the federal code and adjust it to Virginia’s needs. Nelson asked Coggin to find out who should be the committee’s contact on electronic filing.

Nelson suggested that the committee should enhance the committee’s visibility as well as educate lawyers by having an article regularly in the Virginia Lawyer. Lupton and Coggin confirmed that Tom Tokarz is writing an article for the December issue of the magazine on government records and e-discovery. Goldberg said that he is involved in healthcare and technology and teaches healthcare informatics.  He suggested a healthcare-oriented privacy security article for the magazine. Coggin agreed to send the committee the theme issue dates and deadlines.

Nelson said that at the next meeting the committee would decide who will write for the remainder of the issues.  Nelson suggested that Coggin find a brand for the articles and report back to the committee with logos or icons that might be chosen.

Nelson reported that the MCLE Board has decided that podcasts are now acceptable as a medium of CLE in Virginia.

Nelson will try to announce telephone conference meeting dates a month ahead of time. 

Nelson asked Coggin to put in the body of the note accompanying the minutes any specific action item.

The next telephone meeting will be held Friday, October 12, at 3 p.m

Nelson said that she hoped that many members of the committee would attend the annual meeting and the TechComm’s meeting there, as well as join her at a banquet table at the event. 

Respectfully submitted,
Rod Coggin