Some lawyers are struggling with Oregon's recent move to mandatory eCourt filing. What are the pros and cons of trying to obtain a waiver or get help from a fellow lawyer with efiling tasks?
This presentation is designed to transition paralegals, as users of IT, into the role of administrator, the strategist, steward and trouble-shooter of IT.
A basic understanding of a law office network is essential. This understanding includes; (1) basic and advanced knowledge of a network, (2) the requirements for restoration and recovery of a network and finally (3) perfecting IT’s strategic plan by correctly identifying the needs of the users and leveraging the existing and future network services to address those needs.
This presentation assumes the attendees have a basic understanding of desktop PCs and networks. As paralegals, you have day-to-day experience with your firm’s technology and phone system. If you choose to become a law office administrator, you’ll need a different perspective on IT management. This presentation also assumes that you accept the requirement that the firm administrator must demonstrate competency in explaining IT network and structure requirements to the owners of the firm along with projecting the necessary competence to IT staff and contractors who support this essential service for the firm.
Pet owners who tend to be negligent within controlling their own vicious dog is going to be brought in order to court as well as held responsible for their negligence by injury lawyers who'll ensure you obtain monies for all you medical expenses. Victims associated with dog attacks can also be able in order to secure punitive damages too. Click here for more news http://www.lawyers-on-line.com/
Meet the winners of the Hildebrandt Baker Robbins 5th annual competition of matter-centric designs, which was held at ILTA 2010 in Las Vegas. Peter Buck will host a discussion with the winners about what makes their design special.
1st place: Connolly Bove Lodge & Hutz LLP
Bob Casey, Chief Technology Officer
2nd place: Ropes & Gray LLP
Cindy Mahoney, Senior Systems Administrator and Sergey Polak
3rd place: Torys LLP
Teri Smith, Manager, End User Support
(presented here by Elizabeth Ellis, Knowledge Management Partner)
Moderator: Peter Buck, Hildebrandt Baker Robbins's chief technical architect for document and content systems.
This presentation is designed to transition paralegals, as users of IT, into the role of administrator, the strategist, steward and trouble-shooter of IT.
A basic understanding of a law office network is essential. This understanding includes; (1) basic and advanced knowledge of a network, (2) the requirements for restoration and recovery of a network and finally (3) perfecting IT’s strategic plan by correctly identifying the needs of the users and leveraging the existing and future network services to address those needs.
This presentation assumes the attendees have a basic understanding of desktop PCs and networks. As paralegals, you have day-to-day experience with your firm’s technology and phone system. If you choose to become a law office administrator, you’ll need a different perspective on IT management. This presentation also assumes that you accept the requirement that the firm administrator must demonstrate competency in explaining IT network and structure requirements to the owners of the firm along with projecting the necessary competence to IT staff and contractors who support this essential service for the firm.
Pet owners who tend to be negligent within controlling their own vicious dog is going to be brought in order to court as well as held responsible for their negligence by injury lawyers who'll ensure you obtain monies for all you medical expenses. Victims associated with dog attacks can also be able in order to secure punitive damages too. Click here for more news http://www.lawyers-on-line.com/
Meet the winners of the Hildebrandt Baker Robbins 5th annual competition of matter-centric designs, which was held at ILTA 2010 in Las Vegas. Peter Buck will host a discussion with the winners about what makes their design special.
1st place: Connolly Bove Lodge & Hutz LLP
Bob Casey, Chief Technology Officer
2nd place: Ropes & Gray LLP
Cindy Mahoney, Senior Systems Administrator and Sergey Polak
3rd place: Torys LLP
Teri Smith, Manager, End User Support
(presented here by Elizabeth Ellis, Knowledge Management Partner)
Moderator: Peter Buck, Hildebrandt Baker Robbins's chief technical architect for document and content systems.
BLFON Personal Injury Lawyer
437 Sherbrooke St Suite A,
North Bay, ON P1B 2C2
(800) 596-0743
https://blfonlaw.ca/north-bay.html
You might call a BLFON Personal Injury Lawyer in North Bay, Ontario for a number of reasons. The main reason is because you want a highly competent lawyer in your corner when you have a personal injury, accident, or a product liability legal matter.
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compen...NationalUnderwriter
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compensation Fraud Investigation by Stacey Golden (from FC&S Legal: The Insurance Coverage Law Information Center)
Unfortunately, workers’ compensation fraud has been on the rise. The poor state of the U.S. economy is certainly a
factor with the associated mortgage meltdown and government cutbacks. Even rising student debt in this environment is placing pressure on young people. Equally unfortunate for those who see fraud as a solution to their challenges, many consider it easy money and are simply clueless to the potential consequences. There are also plenty of examples of sophisticated cases that require careful and persistent digging.
Filing court documents electronically requires interacting with the web-based efiling system. What if you have a disability that makes this difficult or impossible?
On December 1, 2014, eCourt will become mandatory for the eleven circuit courts that currently have the Oregon eCourt system, including the eFiling requirement. Follow these steps to get ready for the mandatory transition:
BLFON Personal Injury Lawyer
437 Sherbrooke St Suite A,
North Bay, ON P1B 2C2
(800) 596-0743
https://blfonlaw.ca/north-bay.html
You might call a BLFON Personal Injury Lawyer in North Bay, Ontario for a number of reasons. The main reason is because you want a highly competent lawyer in your corner when you have a personal injury, accident, or a product liability legal matter.
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compen...NationalUnderwriter
Experience, Expertise, and Preparation: Keys to a Successful Workers' Compensation Fraud Investigation by Stacey Golden (from FC&S Legal: The Insurance Coverage Law Information Center)
Unfortunately, workers’ compensation fraud has been on the rise. The poor state of the U.S. economy is certainly a
factor with the associated mortgage meltdown and government cutbacks. Even rising student debt in this environment is placing pressure on young people. Equally unfortunate for those who see fraud as a solution to their challenges, many consider it easy money and are simply clueless to the potential consequences. There are also plenty of examples of sophisticated cases that require careful and persistent digging.
Filing court documents electronically requires interacting with the web-based efiling system. What if you have a disability that makes this difficult or impossible?
On December 1, 2014, eCourt will become mandatory for the eleven circuit courts that currently have the Oregon eCourt system, including the eFiling requirement. Follow these steps to get ready for the mandatory transition:
we recognize that the law can appear daunting and intricate. Our primary objective is to bridge the divide between legal professionals and the general public by demystifying complex legal concepts and presenting them in easily understandable language. Whether you're a law student, a practicing attorney, or an individual in search of legal guidance, our blog is tailored to cater to your specific needs.
Immigration issues faced by Indians acquiring overseas businessesJennifer Kumar
While Indian companies are getting more adventurous in taking risks to acquire projects and businesses abroad, many may not weigh the legal and immigration consequences.
Read more in the article below, Bold Indian Companies, Acquiring Businesses, Need to Consider Immigration.
Website source: http://lawquestinternational.com/bold-indian-companies-acquiring-businesses-need-consider-immigration-issues
LEGAL ETHICS – BEST PRACTICES 2022 - How to Avoid Malpractice & Disciplinary ...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
A data breach is a traumatizing event, regardless of how it occurs, and this has been a particularly active summer for thieves and scammers. In the past 12 months, Oregon lawyers have reported home and office break-ins, stolen laptops and mobile devices, and malware security intrusions. If you experience a data breach, here are the key steps you must take.
Crowdfunding is a popular way to raise money quickly for a cause or a product. What about using crowdfunding to raise money for your law practice? Potential ethical trap?
From Ethics to eDiscovery - with Tom O'ConnorRob Robinson
Developed in conjunction with industry expert and commentator Tom O'Connor, the attached 35 slide presentation covers key considerations in the area of ethics and eDiscovery. Key points covered in this presentation include:
Considering the Ethical Challenges in Electronic Discovery
• General Ethical Duties
Understanding the General Ethical Expectations in the practice of Law.
• Ethics and Technology
Understanding the General Ethical Expectations for the use of Technology.
• Ethics and Obligations in eDiscovery
Understanding the Specific Ethics and Obligations for the use of ESI* in Discovery.
• Ethics, eDiscovery, and Judicial Standards
Understanding the Judicial Standards concerning the eDiscovery .
With Congress debating tax extenders, including the R&D tax credit, it's a good time to check your understanding of the credit and how you could use it more effectively. More at http://gt-us.co/1uDxLn6
how to succeed in creating a marketing and client development plan - tips for lawyers. Learn about measurable goals, accountability, and the power of committing to your plan by putting it in writing.
On October 14, presenters Christine Coers-Mitchell and Johnston Mitchell of Coers Mitchell Law LLC presented Bankruptcy for the Non-Bankruptcy Lawyer. Topics included decoding “bankruptcy talk,” what to do if a bankruptcy filing occurs during litigation, how to settle a bankruptcy claim, how to handle divorce-related bankruptcy issues, strategies for creating “bankruptcy proof” agreements and transfers, and bankruptcy issues involving real property.
Are Oregon arbitrators required to eFile arbitration awards and judgments? Let me answer that question with another question: were you conventionally filing awards and judgments prior to the implementation of mandatory eCourt? If your response is yes, then odds are you must eFile. Let’s step through the analysis with this caveat: please verify the necessity of eFiling with the OJD help desk [see endnote] or your friendly local court clerk.
eService in Oregon can be frustrating or impossible if the other side isn’t playing by the rules or doesn’t understand them. Below is a primer on how eService is supposed to work and the problems practitioners are encountering.
Some lawyers attempt to keep overhead low by avoiding hiring staff, but sometimes the decision to forego staff is a costly one - particularly if you are spending valuable billing time doing clerical work.
Oregon's mandatory eFiling system, Odyssey eFile & Serve, is in the process of transitioning to a new HTML 5 website. Learn about the new interface, available training dates, and resources accessible on the Oregon Judicial Department eCourt website.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
Avoiding eCourt waivers and efiling lawyer buddies
1. Avoiding eCourt – Waivers and
eFiling “Lawyer Buddies”
Posted on 02/02/2015
Oregon eCourt is nothing less than revolutionary. It is transforming how we file
pleadings, meet deadlines, pay filing fees, and access court documents. For
those who were hoping to retire or transition to another career before eCourt
became mandatory, the change is especially rough.
Initially, eCourt requires an investment – buying a scanner and purchasing
software. It also demands that lawyers learn new technology and adapt to
changing court rules and practices.
If you are on the cusp of making a transition away from the private practice of
law, but fall within the boundaries of mandatory eCourt, you may want to
delegate this task – or find an eFiling lawyer buddy. Before you do, consider the
following:
Is it ethically permissible to delegate eFiling?
Short answer: Yes, qualified. (Read the remainder of this post.)
Oregon Law Practice
Management
Practice Management Tips for Oregon Lawyers
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2. Whether you use an eFiling lawyer buddy (contract lawyer who tends to the
eFiling responsibilities of the case) or a non-lawyer staff person, you have the
right to give others access to your eFiling account.
On November 19, 2014, I co-presented the OSB-PLF CLE, Oregon eCourt
Update, with Daniel Parr from the Oregon Judicial Department (OJD). At that
CLE, the following questions were posed:
Q: Should an assistant be the Administrator and then the Attorney be under
that same registration? Or should a legal assistant have a separate account?
A: In general this decision is up to you. Your group should register as a firm
or as a unit on the system, even if you are a solo practitioner. You can
choose who to assign as a firm administrator, and this can be multiple
individuals. Some firms have chosen to have staff log into attorney accounts,
and other firms have chosen to have the staff set up accounts directly.
Q: Are there any ethical issues with having non-attorney staff handle filings?
A: Staff are permitted to assist with this process, and non-attorney staff are
already eFiling on behalf of attorneys. Obviously it is up to the attorney to
review and supervise any work done by non-attorneys, and the attorney is
responsible for the result.
While we did not explicitly receive a question about using a contract lawyer to
handle eFilings, the result is the same – contract lawyers (eFiling lawyer buddies)
are permitted to eFile on behalf of the attorney of record. As attorney of record,
it is up to you to supervise your eFiling lawyer buddy, and you are responsible
for the result. There are some other considerations, discussed below.
Is it possible to avoid eFiling entirely?
Short answer: Yes, upon “good cause” shown, with the court’s permission. Any
lawyer can apply for a waiver of the eFiling requirement. The waiver may apply
to an existing (singular) case (UTCR 21.140(3)(a)(ii)) or all cases in a given judicial
district for a specific period of time. (UTCR 21.140(3)(a)(i)). Lawyers seek a waiver
for an existing case by filing a motion; for all cases in a specific judicial district by
filing a petition.
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3. If the court grants a petition waiving the eFiling requirement in a specific judicial
district, “the person obtaining the waiver must file a copy of the court’s order in
each case subject to the waiver; and include the words “Exempt from eFiling per
Waiver Granted [DATE]” in the caption of all documents conventionally filed
during the duration of the waiver.” (UTCR 21.140(3)(d) and (e)).
Using an eFiling lawyer buddy (contract lawyer)
If you decide to use a contract lawyer to eFile your cases, follow these
guidelines:
◾ Put it in writing. As with all contract lawyering arrangements, document in
writing the scope of the agreement, method of compensation, and other
details. For assistance with establishing contract lawyering relationships,
see the checklist and documents available from the Professional Liability
Fund (PLF). On the PLF website, select Practice Management > Forms >
Contract Lawyering.
◾ Assess PLF coverage implications. If the eFiling lawyer buddy is claiming
an exemption from PLF coverage, he or she cannot operate independently
and “take over” eFiling responsibility. Contract lawyers who are exempt
from coverage must function under PLF guidelines. (For details, visit the
PLF website. Select Assessments & Exemptions > Exemptions, then “Law
Clerk/Supervised Attorney Not Engaged in the Private Practice of Law.”)
Your eFiling lawyer buddy is likely to be safe if she restricts her role to that
of an assistant or secretary: uploading documents at the attorney of
record’s direction, following the attorney of record’s instructions in
selecting a filing code, etc. The more independent your eFiling lawyer
buddy becomes, the more likely she could be viewed as acting beyond the
scope of the PLF contract lawyering exemption (if in effect). The simple
workaround: your eFiling lawyer buddy (aka contract lawyer) can obtain
PLF coverage for more freedom in executing her duties.
◾ Understand the acceptance/rejection process. As you define the scope
of the eFiling lawyer buddy’s responsibilities, consider who will be
responsible for processing and responding to acceptance and rejection
notices issued by Tylerhost.net. (Oregon’s eCourt vendor.) For example, if
the attorney of record eFiles a complaint on the day the statute runs and
her filing is rejected, who will refile and seek relation-back?
It stands to reason that each time an eFiling lawyer buddy files a document
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4. for the attorney of record, she needs to be engaged and available to assist
with the filing until an acceptance or rejection notice is issued. This can
take up to a week. Specific terms should be added to the written contract
lawyering agreement that address the eFiling lawyer buddy’s responsibility
in rejection situations. (Note: the attorney of record can instruct her eFiling
lawyer buddy to add himself as a contact in order to receive
acceptance/rejection notices generated by Tylerhost.net.)
◾ Understand the court notice process. Some lawyers who are tempted to
hire an eFiling lawyer buddy might be operating under the
misapprehension that they can completely avoid all associated
technology. However, court notices from the Oregon Judicial Department
are sent only to the “filer,” in this case, the attorney of record. The attorney
of record is responsible for reviewing and acting upon court email on a
timely basis.
◾ Limit account access. By necessity, an eFiling lawyer buddy will need
access to the attorney of record’s eFiling account (Odyssey) operated by
Tylerhost/Tyler Technologies. But this access can (and should be) limited in
writing. The eFiling lawyer buddy should only use the attorney of record’s
eFiling account as needed, and at the express direction of the attorney of
record.
◾ Limit credit card access. Ideally, the attorney of record will create the
eFiling (Odyssey) account and enter the credit card information needed for
payment of filing fees. If the attorney of record needs assistance, she can
call the Tyler Technologies support number and/or use the “GoToAssist”
feature, allowing Tyler Technologies to take control of her computer to
establish the account. This limits the eFiling lawyer buddy’s access to the
attorney of record’s credit card account information. Once the credit card
information is entered, the eFiling lawyer buddy simply selects the payment
account to pay filing fees. If the eFiling account is configured properly, the
eFiling lawyer buddy will not be able to see the credit card information.
The attorney of record should be the “administrator.” The eFiling lawyer
buddy should be a “user.” Support staff at Tyler Technologies can help
attorneys of record set up accounts using these distinctions.
To further protect herself, the attorney of record should dedicate a specific
credit card to use in paying eFiling fees. By establishing a credit
card solely for this purpose, it will be very easy to spot whether there is any
inappropriate activity on the account. The only charges that should ever
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5. appear on attorney of record’s billing statement are filing fees payable to
OJD.
◾ Provide proper supervision. Regardless of how duties are divided, the real
responsibility here still falls on the attorney of record. This scenario
presumes that the eFiling lawyer buddy’s role is to act only as a technical
specialist. The attorney of record must be sure at all times that eFiling
lawyer buddy is doing his job. The eFiling lawyer buddy is not responsible
for the content or accuracy of documents filed; nor is it eFiling lawyer
buddy’s responsibility to monitor filing deadlines.
◾ Be aware of ethics traps in determining compensation. The attorney of
record can cover the cost of using the eFiling lawyer buddy out of his own
pocket as a cost of doing business. If the attorney of record intends to bill
clients for eFiling lawyer buddy’s services, the clients must consent. The
attorney of record should update his client fee agreements accordingly.
(Beware the limitations of modifying a fee agreement midstream – see OSB
Formal Opinion 2005-97.)
Alternatively, the attorney of record could also barter services in exchange,
but should check in with OSB General Counsel about the ethics of such an
arrangement.
If the attorney of record plans to split her fees with the eFiling lawyer
buddy, she must comply with the Oregon RPCs requiring disclosure and
consent of the fee split to the client.
[All Rights Reserved – 2015 – Beverly Michaelis]
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