Standing Committee
on Legal Technology
January 2001 Vol. 8, No. 2
Statements or expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the association or committee.
Contents
* The Standing Committee on Legal Technology breakfast seminar
* Using the "if ... then" field automate documents in Word
* Converting documents from WordPerfect to Word in ten easy steps
* Electronic Signatures in Global and National Commerce Act
The Standing Committee on Legal Technology breakfast seminar
The Standing Committee on Legal Technology presented a breakfast seminar to interested attorneys at the ISBA winter meeting on December 7, 2000 at the downtown Sheraton Hotel. Featured speakers were Todd Flaming, past CoLT chair and David Clark, editor of the CoLT newsletter.
Three topics were discussed for the benefit of the 30 attorneys enrolled: A Review of Voice Recognition Software and a demonstration of Dragon's NaturallySpeaking; the Use of Microsoft's PowerPoint software to generate slide shows; and the use of software and hardware in Demonstrable Evidence presentations in court.
Clark discussed the history of Voice Recognition software and the changes in micro-processors allowing for practical application in an office setting. He utilized Dragon's instructional demonstration to highlight the capability of the software in creating a document, editing that document by spoken command, and even navigating other software including the Internet using voice commands.
He then gave an unrehearsed, live demonstration by reading from the pages of a recent edition of a trade magazine. Despite the limitations of a laptop with merely a 233Mhz processing speed, the demo actively showed how the computer would transcribe live recordings onto the computer screen. A side benefit was the fact that the demonstration with older equipment illustrated that this software was flexible to work with computers other that cutting edge models.
Flaming give a thumbnail sketch of how to use PowerPoint and how creating documents and slides could be introduced in a court case. Particularly important was his instructions in how to lay foundation for the introduction of documents in an evidentiary manner.
Flaming then spoke about Demonstrable Evidence. He spoke of both the strengths and pitfalls in the introduction of slides, charts, graphs and even jury instructions in a courtroom setting. He was aided by Clark in giving some practical advice in how to effectively use as well as how to avoid obvious red flags in its use.
Future programs are planned because of the high level of interest by those in attendance and those who regrettably couldn't attend because of meeting conflicts. Watch for advance publicity of a program near you.
Using the "if...then" field to automate documents in Word
By Adrienne Albrecht
Have you ever tried to set up fields in a pleading only to discover the next time you try to use them that it was more trouble to create than it was worth because of all the necessary editing for gender and tense? Even though the "if..then" field may bring back horrible memories of math or computer programming classes, you should overcome your aversion to them and store a few useful ones in your autotext. There are some simple solutions to using fields that can make pleadings truly automated with a minimum of hassle. These field phrases will also work within the context of hot docs forms.
Pronouns
The first trick is to create a field for the gender of each of the parties. Typically, it will be something like "genderofclient" or "genderofopponent." Although a high school grammar teacher might dispute this, there are four possible answers to the gender question. They are: male, female, neuter, and plural. Using the "if...then" field as an autotext entry, the following fields substitute for possessive pronouns: { if { genderofclient} = male his "" }{ if { genderofclient} = female her }{ if {genderofclient} = plural their }{ if { genderofclient} = neuter its}. This field will always place the correct possessive pronoun in a document. Similarly, for subjective pronouns, the requisite autotext entry will be: { if { genderofclient} = male he ""}{ if { genderofclient} = female she }{ if { genderofclient} = neuter it}.
Verbs
Verbs are even easier to deal with than pronouns. That is because verbs change with the number of the subject. As a result it takes only one "if ... then" statement to cover the tense of any verb. For a common verb like "is" the field would read{ if { genderofclient} = plural are is}. This field will insert "is" into the document in all circumstances except those in which the genderofclient is plural. Similarly, any verb in the pleading can be set to the correct tense by identifying the number of the subject.
Children
Pleadings in dissolution cases are frequently complicated by the variance in the number of children. The old tactic of writing out children and than crossing off the "ren" if there is only one is not aesthetically pleasing. For some baffling reason, zero children uses exactly the same syntax as multiple children. Only the singular is different. Therefore, the easiest solution is to set a condition for the singular. The field phrase is:{ if = 1 child children}. That way, the text of the sentence will contain the word "child" only when the number of children is equal to one. Here is an example: "There { if { numberofchildren} =1 was were} { if { numberofchildren} = 1 child children} born to the parties hereto."
Direction
In personal injury cases, the pleadings frequently refer to the direction that a particular vehicle was traveling. That poses some drafting issues with regards to the use of "a" and "an". Fortunately, only one direction begins with a vowel. Therefore, the "if...then" field works well. The field for the article before a direction word is{ if { direction} - east an a}. A typical sentence would look like this: At that time and place, the Plaintiff was traveling in { if { direction } - east an a} { direction }bound direction.
Once there is a uniform syntax in use in your office for field names, such as "genderofclient" and "genderofopponent", the foregoing "if...then" fields will ease time and effort for all of your template pleadings. They work equally well in mail merge documents, ask fields, fill-in fields, and hot docs. Since storing them in autotext preserves the formatting, that is the easiest method of making sure they are always available.
Converting documents from WordPerfect to Word in ten easy steps
By Marilyn Monrose, Legal Word Processing "Doctor"™
You are about to discover a fast, simple, no-frills way to convert documents from WordPerfect to Word without the aid of conversion programs like Conversion Plus® or DocXchange®. Even with the use of these applications, converted documents still need to be reformatted and stripped of all imported codes from the previous program. This procedure must be done in order to prevent document corruption from wreaking havoc on a file that may reach 200 pages or more.
The only feature you need to use for this simple method is PASTE SPECIAL. Just follow these steps:
1. Open the WordPerfect file to be converted.
2. Highlight and <COPY> everything in the document, except the LAST paragraph mark (the last paragraph contains all the formatting codes from the original program).
3. Go to a blank window in Word, then click <Edit>, <Paste Special> for the <Paste Special> dialog box.
4. Highlight <Unformatted Text> in the <As:> box, then hit <OK> to insert.
Look at your screen for a moment. All of the section and hard page breaks have disappeared, as well as all of the field codes. The paragraph numbers have been replaced with real ("hard") numbers. Even the table of contents is in normal text. When the <Paste Special> feature is used to paste text as <Unformatted Text> it takes away all field codes and paragraph formatting (bold, italics, underline, etc.). The text comes back as normal text, with only tabs and hard returns remaining. You can now reformat the document.
5. Change document compatibility to Word 97. Click <Tools>, <Options>, <Compatibility>. The <Recommended options for:> box will probably say <Custom>, choose <Microsoft Word 97>, then hit <OK>.
6. Unfortunately, <Paste Special> does not always take in the Header and Footer menus. Check the <Header and Footer> menu and delete all text located in any graphic text boxes by selecting and pressing <CTRL+X> to CUT the entire box (if you don't delete this box entirely, your document will become corrupt and lockup later). Replace the box with regular text and Word's formatting codes.
7. Use the <Find and Replace> feature to remove all tabs and extra blank paragraphs. For Tabs: press <CTRL+H>, type "^t" (must be lowercase) in <Find>, leave <Replace> blank. Hit <OK> until they are all replaced. For Paragraphs: type "^p^p" (must be lowercase) in <Find>, then type "^p" in <Replace>. Hit <OK> until complete.
8. There shouldn't be any section breaks in the document using this method, but just in case there is they should all be removed. Never leave section breaks in a converted document, if you don't want any problems with it in the future. It's just better to reinsert them. Press <CTRL+H>, type "^b" (must be lowercase) in <Find>, leave <Replace> blank. Hit <OK> until all section breaks are replaced.
9. Add and create styles for all the paragraphs in the document. Tip: Since most legal briefs and agreements can reach up to a 100 pages or more, the "NORMAL" style should rarely be used, except in numeric tables. It's just easier to format paragraphs when headings and body text are in different styles. So, the general rule for legal documents in Word is STYLE, STYLE, STYLE.
10. If there are any numeric tables that need to be copied, then perform these instructions:
(a) Go back into the WordPerfect file and COPY the entire table.
(b) Click inside Word and PASTE the table.
(c) Reformat the table using Words features (tabs, underline, bold, styles, etc.).
Wasn't that simple? There is nothing wrong with using your present conversion application to convert documents, but if you're in a hurry and you don't have access to one, this technique is the best.
NOTE: Footnotes in WordPerfect do not carry over during the conversion process. Here a great tip: Turn the footnotes into endnotes first, then convert the document. This way you'll be able to copy the footnotes back into their proper spot during formatting.
Another technique to use if you want the file to be really clean with absolutely no codes whatsover is to copy the entire text into a new window, then save it as an ASCII file. This will ensure that no formatting codes will be embedded into the document, thereby providing a near-zero risk for corruption.
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Marilyn Monrose, the Legal Word Processing "Doctor"™, is the author of two excellent legal word processing training manuals entitled ADVANCED WORD 97 FOR THE LEGAL USER MADE EASY and ADVANCED WORDPERFECT 7&8 FOR THE LEGAL USER MADE EASY. For more information or to purchase these books call 212/579-9306 or e-mail: trainmanuals@dialalesson.com.
Electronic Signatures in Global and National Commerce Act
On June 30, 2000, President Clinton signed into law the Electronic Signatures in Global and National Commerce Act. The Act applies to most industries, including the insurance industry generally, and title insurance in particular. This update will discuss Title I and Title II of the Act.
Generally effective October 1, 2000, Title I provides that any transactional record or signature will be legally binding if the parties to the transaction agree to use or accept such an electronic record or signature. With certain exceptions, the Act prohibits any court or other state or federal governmental entity from refusing to recognize an electronically drafted or signed record or contract. For instance, a contract between two parties drafted completely in "cyberspace" and signed by the parties electronically will have the same validity as a contract written on paper and signed by a pen, as long as each party to the contract agrees to be so bound. The Act does not, however, require a non-governmental party to use or accept an electronic signature, record or contract without the party's consent.
A signature or record can even be notarized, acknowledged, verified, or made under oath electronically. The electronic signature of the person who is authorized to perform these acts (e.g. the notary public), as well as all other required information, is attached to the signature or record, or sent in a way that it is "logically associated" with the signature or record.
Also, the Act provides that where a law or regulation requires that a contract or transactional record be retained, the requirement will be met by retaining certain information from the contract or record in electronic form. The electronic record must accurately reflect the information set forth in the contract or record, must be accessible to all who have a legal right to access it, and must be capable of being accurately reproduced, such as by printing or transmission.
In addition, the Act provides that in cases where a law or regulation requires that information be provided to a consumer in writing, such written information may be provided electronically. In order for the electronic record to satisfy the "in writing" requirement, however, the consumer must affirmatively consent to receive the information in electronic form. The consent must itself be given or confirmed electronically, "in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent."
The consumer's consent is itself valid only when given after the consumer has been provided with a clear statement informing her of any right to receive the information in paper and her right to withdraw her consent subject only to those consequences outlined in the statement.
The Act includes a preemption clause, leaving considerable leeway for states to enact additional, more specific legislation. As long as the state's addition constitutes an enactment or adoption of the Uniform Electronic Transactions Act or "specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records," it is permissible for the addition to preempt the Act and modify, limit or supercede the provisions of section 101 (the provisions that validate the legality of electronic signatures). However, any state-implemented procedures must be consistent with the guidelines and limitations of the Act, and the state rules must specifically refer to the E-Signature Act if adopted subsequent to its enactment. Further, the state requirements cannot require or confer greater legal status or effect to any application of specific technology or technical specifications for the performing of functions of electronic commerce. This allows the utmost amount of freedom to the contracting parties to determine the terms and methods of their electronic communications. This freedom is reiterated several times throughout the Act.
Opponents of the E-Signature Act voiced concern about the power of the Act to override the important protections and standards that state and federal law presently provide. Addressing that concern, the Act gives deference to existing state and federal regulatory filing and access rules that require that records be filed with such agencies in accordance with specific standards or formats. Section 104 provides that the Act does not limit or supercede any already established requirements that have been instituted by a federal or state regulatory agency or self-regulatory agency, as long as they are consistent with the Act. However, the Act does not grant any new authority to these agencies to issue in the future any additional standards regarding electronic commerce. Nor does the Act permit these agencies to adopt any new regulations that conflict with the E-Signature Act. The language reiterates that specific methods of carrying out electronic commerce cannot be required or favored by these regulating bodies.
Notwithstanding the general prohibition on regulating the particular technologies that can or cannot be used, state or federal regulatory agencies may specify performance standards to assure accuracy, as well as record integrity and accessibility, even to the extent of specifying technological methods if the requirement serves a governmental interest and the requirement is substantially related to the achievement of that objective. However, the agency cannot require the use of a particular type of software or hardware in order to comply with section 101(d). The Act also does not grant the authority for an agency to impose regulations requiring a record to be in a tangible or printed form. The recently enacted Government Paperwork Elimination Act (GPEA) is still in full force and the E-signature Act does nothing to relieve any federal agency of its obligations under the GPEA.
Section 103 lists the specific exceptions to the applicability of the Act. The Act does not apply to, among others, official court documents; wills, codicils, or testamentary trusts; adoption, divorce, or other matters of family law; and notices of default, acceleration, repossession, foreclosure, or eviction, or the right to cure a primary residence.
Effective September 28, 2000, Title II of the Act deals with "transferable records." Most significant for real estate practitioners is a provision that any record or note that relates to a loan secured by real property is a "transferable record." A person is deemed to have control of such a "transferable record" if the system employed "reliably establishes that person as the person to which the transferable record was issued or transferred." This requirement is satisfied if a single, unique, authoritative copy of the record exists which is communicated to and maintained by the person asserting control, identifies that person as being in control, and states whether such control resulted from the record being issued, or transferred. All other copies must be identified as not authoritative, and any revisions of the authoritative copy must be identifiable as either authorized by the person controlling it, or not authorized.
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Reprinted with permission of "the ATG concept" a publication of Attorneys' Title Guaranty Fund, Inc.
Calling all government attorneys
The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency. Historically, neither the Attorney Registration and Disciplinary Commission nor the Illinois State Bar Association has maintained data with respect to those attorneys engaged in government practice. Created by the ISBA's Board of Governors in March of 1999 to encourage government lawyer participation in the ISBA and the Illinois bar, the Standing Committee on Government Lawyers is in the process of identifying those attorneys employed either full-time or part-time by a unit of federal, state or local government and those private practitioners who represent units of government.
Last spring, in anticipation of publishing the committee's first newsletter, the chief legal counsels of the various state and federal agencies and the several state's attorneys' offices were contacted with respect to those government attorneys in their employ. Although the committee heard from only a very small percentage of those persons contacted, it was able to develop a 3,000 person mailing list for its first newsletter. Currently, the committee is preparing for the publication of the next issue of its newsletter, which will again contain substantive articles of interest to federal, state and local government attorneys, legislative updates, case law updates, Attorney General opinion summaries, profiles of government attorneys or government offices and information regarding upcoming committee, ISBA and bar activities of interest to the government lawyer. In addition, the committee is beginning to develop a Web site, CLE programs and other activities directed at the government bar. If you are a government lawyer or a private practitioner who did not receive a copy of the first edition of our newsletter and you would like to receive a complimentary copy of our next newsletter or of other mailings regarding upcoming government lawyer programs and activities, please contact Teri Litwiller in the ISBA's Springfield office by e-mail at or by telephone at 800/252-8908 and have your name added to the government lawyer mailing list.