Law in the Internet Society

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ShawnFettyFirstPaper 17 - 31 Jan 2012 - Main.ShawnFetty
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1/29 UNDER REVISION. More to come as I continue to recast the problem.

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The Problem(s) with open-source law

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Lawyers don't use the Web

 -- By ShawnFetty - 19 Oct 2011
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 Dispersed actors cannot effectively collaborate without sharing and transparency. Free software has flourished under this model. For a lawyer and his client, however, openness sunders the important protection afforded by attorney-client privilege. Privilege is all or nothing; once waived in any context, the protection is gone. Legal aid that waives privilege denudes an already vulnerable client, and moreover discourages outside lawyers and organizations from contributing, lest they too find that they have waived privilege. People rationally concerned with legal strategy will avoid this risk.
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<		Thus, in a legal context, sharing must be carefully controlled. The trade-off is that measures which preserve privilege tend to defeat the purpose of Web-based collaboration. Such measures necessarily involve screening off the public: the very resource we hope to tap. The call for basic justice rings clear throughout the Web, but significant obstacles to participation will keep anyone from answering it. Web-based, collaborative lawyering thus treads a fine line between being too-closed-to-benefit and too-open-to-survive.
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>		Thus, in a legal context, sharing must be carefully controlled. The trade-off is that measures which preserve privilege tend to defeat the purpose of Web-based collaboration. Such measures necessarily involve screening off the public: the very resource we hope to tap. The call for basic justice rings clear throughout the Web, but significant obstacles to participation will keep anyone from answering it. Web-based, collaborative lawyering therefore treads a fine line between being too-closed-to-benefit and too-open-to-survive.
 

b. Lawyers can’t easily divest full responsibility for their clients


Revision 17r17 - 31 Jan 2012 - 05:00:07 - ShawnFetty
Revision 16r16 - 30 Jan 2012 - 20:39:28 - ShawnFetty
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