Re: Openlaw Experiment

On Mon, 19 Apr 1999, Alan Kabat <alankabat[_at_]aol.com> wrote:
>
> On 04/15/1999, Diane Cabell <cabell[_at_]mama-tech.com> wrote:
> >
> > Openlaw is an innovative litigation strategy that uses the Internet
> > as a public commons for developing legal arguments. Eldred v. Reno,
> > contesting the Sonny Bono Copyright Term Extension Act, is the first
> > case to be litigated using an Openlaw approach. Attorneys and law
> > students are cordially invited to register on the Openlaw site and to
> > participate in the brief-writing process.
>
> In addition to Mark Lemley's prescient point concerning our presumed
> confidential relationship with Openlaw's client(s), I have to wonder
> whether the ability of DOJ attorneys to access this site in order to
> learn of opposing counsel's arguments and pleadings before they get
> filed with the court will violate Openlaw's ethical obligations under
> the Massachusetts rules of professional conduct regarding its
> representation of its client(s).
>
> Perhaps Openlaw should have a "blocker" on its web site to deny access
> to anyone whose email address ends with "gov" !

Thanks for your input. It will be interesting to consider whether tactical secrecy is, in fact, in the client's best interest.

How would one authenticate any online participant's identity anyway, absent land-based documentation?

Diane Cabell
Fausett, Gaeta & Lund
Boston
<cabell[_at_]mama-tech.com> Received on Tue Apr 20 1999 - 12:41:50 GMT