Virginia State Bar

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VSB Technology Committee Meeting Teleconference
October 12, 2007

In attendance:            
Sharon D. Nelson, Chair
Alan S. Goldberg
Walter Everett Lupton
John Michael Powell
Blackwell N. Shelley Jr.
Rodney A. Coggin, liaison

Mission and minutes of the September 19, 2007, meeting were approved. The mission statement is as follows:

The mission of the Virginia State Bar Special Committee on Technology and the Practice of Law is to establish and maintain a committee of lawyers, including those with substantial expertise, interested in legal technology and devoted to educating the bar, its members and the public in areas where the law and technology intersect, including the following:

1. The conflicts between rights of privacy and rights of public access to court records and pleadings
2. Electronic filing of documents in Virginia courts
3. The practical side of electronic records management and the steps that must be taken in the event of a litigation hold
4. Electronic discovery and computer forensics
5. Using technology to further continuing legal education
6. Using technology to benefit the Bar’s pro bono and other social service activities
7. Ethical issues involving the use of technology and the Internet
8. The use of technology and the Internet to facilitate and enhance the practice of law in Virginia, particularly with respect to solo practitioners, small firms, government lawyers and in-house legal counsel
9.Compliance with the Virginia Professional Guidelines and Rules of Professional Conduct, and with applicable federal rules, when using technology and the Internet
10. Best practices with respect to technology

The Committee serves as a technology resource for VSB members and the Bar, informs the Bar on relevant current and pending legislation and public policy related to the Committee’s mission, encourages the enhancement of technology in legal practices and promotes the development of professional standards and best practices.

Annual Meeting CLE

Nelson reported writing to the chair of the VSB Litigation Section regarding possible interest in co-sponsorship of a continuing legal education program at the bar’s Annual Meeting. She said that the litigation section would not be interested in the subject of e-discovery, and therefore would not be a likely cosponsor.

Nelson said that she had written the chair of the VSB Intellectual Property Section about co-sponsorship and would report their response when she received it.

She said that if sponsorship hinged on the question of expenses, and if the IP Section did not cosponsor, the committee could offer a CLE alone and save   possible printing costs by offering the materials on CD-ROM and as a Web site download. She said that she and John Simek would be the speakers and therefore not charge for the program, and that the only other fee would be for the judge’s overnight hotel room.

Supreme Court Electronic Filing

Nelson asked about the possible committee contact with the Supreme Court of Virginia for a briefing on what the Court is doing to facilitate electronic filing and what the state is doing on the matter. Coggin confirmed that Judge Fulton said that Bob Smith will be the committee’s contact at the Court.

 Karen A. Gould Interest in Committee

Nelson said that Karen Gould, who has been recommended as the next executive director of the bar, has expressed an interest in the mission of the committee and its revitalization.

Virginia Lawyer Magazine articles

There was a discussion that confirmed the theme issues of the magazine and the writers from the committee so far: Everett Lupton wrote on metadata for October; Tom Tokarz is writing for December; Alan Goldberg is writing for the Health Law issue in February; and Sharon Nelson will write for the Senior Lawyers issue in April. Nelson encouraged others to volunteer for future issues.

Nelson said that she had reviewed the logs sent by Coggin that used the wording TechKnow and asked if any chosen logo could be printed in color. Coggin said that this is possible. Nelson said that she hoped that the committee will decide on a logotype for the article in the December issue.

Committee Web Site

After discussion it was decided that the committee develop a Web site using an original design to be developed by Sharon Nelson’s firm. She  volunteered to be the contact for all committee postings to include, but not be limited to: magazine articles written by committee authors; the committee roster and bios;  technology resources for Virginia lawyers (links to the ABA and others, selected electronic filing sites and instructional manuals,  e-discovery sites, law practice management tips, and hardware/software resources.)

The chair asked that members identify other content ideas for discussion at the next meeting.

Best Management Practices

Coggin said that he had mentioned the committee’s idea about best practices guidance from the committee at a VSB management meeting and that it was well-received. Shelly said that what he was proposing   during the first committee meeting on September 19 was “something that an attorney can do to have a ‘safe harbor feeling’—knowing that his actions were secure and well-suited to the task.”  Nelson, Powell and Goldberg pointed out that the idea of standards requires a technologist and that because the formatting products are upgraded so rapidly—and that small firms are disadvantaged by these upgrades—such a procedural manual would be hard to write.  Nelson said that the challenge might be a topic for the April magazine article that she will write.

The next meeting was set at 3 p.m., November 20. The meeting was adjourned

Respectfully submitted,

Rodney A. Coggin