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Statement
Chiquitita,
tell me the truth,
I'm a shoulder you can cry on.
Your best friend, I'm the one you must rely on.
You were always sure of yourself.
Now I see you've broken a feather;
I hope we can patch it up together. ©1979
That
lament from an ABBA tune performed for the 1979 UNICEF concert
reminds me of the hope that the New York State Law Guardian
system can bring to our children.
But our children are in danger.
Law
guardians and assigned counsel in the family court system and
assigned counsel in the criminal justice system are jumping
ship to pursue more lucrative practice alternatives.
Who can blame them?
With fees capped at $25 per hour for out-of-court time
and $40 per hour for in-court time, even the most charitable
hearts begin to question their public and personal values.
[“Manhattan Panel of 18-B Counsel to Refuse Cases,”
NYLJ, 2/22/02].
What
does that situation have to do with law and technology?
Simple,
we are in another “crisis mode.”
This one won’t be shown on CNN as the dramatic events
of 9/11/01 were, but the infrastructure is beginning to
collapse. Technology
may be able to intervene to save what’s left until the NYS
legislature and governor do.
How?
We
should immediately create a site to post family law decisions
and relevant statutory material.
This segment of the law is rapidly evolving and the
latest decisions must be available to law guardians and
assigned counsel. It
must be available at no cost.
With
information developing at an exponential rate, rapidly
evolving case law must be available almost instantaneously [at
a meeting I attended seven years ago, an information
academician stated that the body of knowledge is doubling
every seven years and that rate is accelerating].
The
NYSBA must be alert to crises as they develop.
The 18-B crisis will pass; but there will be others.
Managing a crisis is how technology can provide thrust
to benefit society at the intersection of law and technology.
We’re
there now with the 18-B situation.
The question is: Can we construct a model?
Biography
Education
Rensselaer
Polytechnic Institute, Bachelor of
Mechanical
Engineering, 1967.
University
of Denver College of Law, J.D., 1971.
Professional
Associations
Admitted
to practice in New York, 1972.
-- Federal
Court, Western District of New York, 1972.
-- U.S.
Supreme Court, 1976.
Professional
Engineer, New York and Colorado.
NYS
and Cattaraugus County Bar Associations (CCBA).
--
Member of NYSBA House of Delegates, 1974-75.
--
President of CCBA, 1980.
Publications
and Credits
Brown,
Eric L., Inexpensive Computer Research Plan Dealt Death Blow
by Judicial Conference of the United States, New York State
Bar Journal, Vol. 65, No. 2, p. 57 (February 1993).
Gallagher,
Steve, A sole practitioner's gift to the Internet: Court of Appeals decisions on-line, State Bar News, Vol. 36,
No. 10, p. 16 (December 1994).
Contributing
author, Effective Marketing for Lawyers, New York State Bar
Assn., 1995, ISBN 0-942954-78-5, [author of chapter on
computer usage in solo and small firms].
Legal
Information Institute at Cornell Law School; provided to LII
on the date of decision Court of Appeals cases in digitized
form with interim electronic citations [9/94-12/99].
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