THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Monday, January 16, 1995 TAG: 9501140035
SECTION: DAILY BREAK PAGE: E1 EDITION: FINAL
COLUMN: The Gateway
SOURCE: BY MARC DAVIS, STAFF WRITER
LENGTH: Medium: 78 lines
PRETEND YOU'RE A lawyer. Good.
Now pretend you've got an important legal paper. And pretend your client needs it fast.
Now add a twist. Pretend this paper is top-secret. Pretend the fate of your $10-trillion class-action lawsuit depends on keeping this paper out of the enemy's hands.
Now, make the call: Do you send this secret paper to your client by e-mail over the Internet? It's lightning quick - straight from your computer to his computer - but is it secure?
And do you go the next step, actually planning legal strategy with your client by e-mail?
Finally, if you do chat by computer, does this talk have the same attorney-client privilege as if it were face-to-face?
It sounds far-fetched, but this very issue was debated last week by a bunch of lawyers around the country. And they did the debating - you guessed - by e-mail.
It was the first ``discussion'' on what may be the first computer mailing list for lawyers who want to debate and trade secrets about the Internet.
It's called Net-Lawyers, and it was created Christmas Eve by a young Washington advertising lawyer. So far, about 400 lawyers and lawyer-watchers have signed up, from as far away as New Zealand.
``I was wondering if my perception of the Internet was the same as other lawyers','' said attorney
Lewis Rose, 37. ``We sort of had this odd feeling that we ought to be there, but once you're there, no one's really sure what to do.''
For two weeks now, lawyers on the network have been busy introducing themselves to each other, declaring their specialties, and - here's the stunner for Net-watchers - actually offering computer tips.
For starters, at least, the network has performed pretty much as advertised.
``I wasn't quite expecting it to be as popular as it is,'' Rose said. ``So far, this actually seems to be operating at a fairly high level of professionalism.''
Until now, legal discussion on the Internet has been pretty un-lawyerly. Everyone, it seems, is a lawyer on the Internet, or wants to be.
One Usenet group, for example, is called misc.legal. No false advertising here. It is a hodgepodge of lawyer jokes, O.J. strategists, and Joe Blows who need advice on speeding tickets.
One discussion started with the title, ``Low Life Attorneys.'' Another began, ``OK - you can kill, loot and maim. . . ''
There are some lawyers, too.
Another group is called misc.legal.moderated. It's better. A lawyer somewhere tries valiantly to screen out the O.J.-philes and name-callers. Sometimes it works.
Now there is Net-Lawyers.
In its first two weeks, the discussion has included such subjects as the misery of Westlaw and Lexis, going online with federal and state courts, and communicating with clients by e-mail.
The consensus on the latter: Better to trust Federal Express for that really confidential memo.
As one Maryland lawyer put it: ``Look sometimes at the route of travel of your e-mail and wonder how many people you have to trust not to grab it off and get it into the wrong hands. I think you, as an attorney, put yourself at considerable ethical and legal risk to allow privileged communication to be seen in that way.'' MEMO: To join Net-Lawyers, send a ``subscribe'' message to
net-lawyers-request(AT)webcom.com.
If you have any ideas or comments for The Gateway, contact Tom Boyer
at boyer(AT)infinet or call 446-2478.
In Hampton Roads, computer users can explore the Internet through the
Pilot Online. The best of the Gateway columns are available on the
Computer Page of the Pilot Online. See page A2 for details.
by CNB