by Monica Chamness
Staff Writer
The Computer Law and Technology Section of The Jacksonville Bar Association serves two distinct interests: those attorneys interested in the application of technology to the legal profession and those interested in the application of the law on technology.
“The section tries to keep one foot in the technical law area while at the same time trying to keep one foot in the use of technology in the law,” said sole practitioner James A. Nolan, co-chair of the committee.
Examples of technical applications to the area of law include the use of advanced electronics in the courtroom, high-tech informational displays and personal, portable e-mail assistants. These gadgets are tools to aid any attorney in the effective operation of the practice. Meetings and seminars revolve around the substantive areas of the law and issues of how to use technology to best run a law firm.
The section has about 15-20 active members who are split on which aspect most concerns them. Those in the speciality can keep abreast of what’s going on during the section’s monthly meetings along with those eager to update their technical capabilities.
“You don’t have to be practicing in the field,” explained co-chair Lisa O. Taylor, in-house counsel for Pacer International. “The section can be of interest to anyone who practices law.”
“It’s a very active group of lawyers with diverse specialities who have a common interest in technology,” added Nolan. “The section gives members a lot of information that is on the cutting edge. It’s a fun section to be in, too, unlike those that meet just once a year to elect officers.”
As far as the substantive area of computer law, it encompasses a number of issues such as e-commerce, electronic banking, viruses, malicious codes and an array of problems that were not encountered in the courtroom prior to the Internet boom. Internet law also covers concerns such as privacy policies, domain name fights, licensing agreements, cyber-security/encryption, online gambling, taxing of transactions, online defamation of character and the enforceability of electronic signatures.
The section will hold its annual seminar later this year to discuss those issues. Specific topics and speakers have not been scheduled.
“We have the committee because the field is all over the place,” said Nolan. “It has pervaded every field of law.”
Because of the broad nature of the specialty, computer law touches on other areas such as employment law when an employee’s personal use of company computers or anti-trust laws regarding huge companies that band together to buy from one particular online vendor.
Computer law is paradoxical in the way that technology spills over into so many facets of everyday life, while concurrently requiring specific technical knowledge.
“Those in computer law are more like generalists because they have to know a little bit about a lot of areas of law,” said Nolan. “It requires an understanding of many legal disciplines and the technology underlying the project your client is having you work on. However, certain cases and clients need exceeding computer expertise [from their lawyer]. It is cutting edge and constantly changing.”
Despite the ubiquitous use of computers, the demand for computer lawyers is not skyrocketing. Nolan’s office has witnessed a drop in referrals for cases with technical components due to a rise in the proficiency level of lawyers.
“The novelty of computer law has worn off,” he said. “Other lawyers outside the expertise are now more computer savvy. The field is in a state of flux now but it probably won’t go away. The expertise required to be a computer lawyer is still going to be useful.”