Breaking News: eFile & Serve Upgrade Postponed – Webinars Coming on UTCR Amendments Allowing Remote Hearings and Expanding eSignatures

Register here for the Webinars and pass on this news!

Chief Justice Order Amended Today

This evening Oregon Chief Justice Walters issued amended CJO 20-006.

In addition to continuing the Level 3 health restrictions already in place, the Chief Justice is seeking legislative authority to (1) extend or suspend timelines currently set by statute or rule, and that apply after the initiation of both criminal and civil cases; and (2) ensure the ability to appear in court by telephone or other remote means in most circumstances. If that authority is granted, a supplemental order will be issued.

With exceptions, proceedings and trials scheduled to begin earlier than June 1, 2020, are postponed, and no trials will be scheduled to begin before June 1, 2020.

The Chief Justice also ordered temporary suspension of collection fees and amended UTCR 21.090 and repealed UTCR 21.120. The net result of this change is to permit the use of electronic signatures by declarants if created with secure software.

Read the full press release here.

Your Constructive Comments Needed on Court Operations

By now you’ve likely read the following email:

Submit your suggestions by email to pubaff@osbar.org. Deadline: Sunday, March 22 at Noon.

Keep in Mind

We know what slows the spread of COVID-19. Flattening the curve by social distancing and cancelling or postponing activities. Court operations require many people to be present – cleaning staff to wipe surfaces, security, judicial staff, lawyers, parties, and for some cases jurors and jury pools.

If we persist as if nothing has changed, we aren’t social distancing and COVID-19 will spread.

The Role of Technology

Can technology come to the rescue? Maybe. Hearings by phone come to mind. It may also be possible to resolve some matters by video conferencing.

Priorities

But are the matters eligible for disposition by phone and video the most important judicial need? Perhaps. Perhaps not. We need time. Time to assess and time to make arrangements. Slowing things down gives us that.

The Snowball Effect

Believe me, I get it. Postponing matters set for March or April affects everything down the docket. Please be patient. We have one of the best court systems in the country. Look at your calendar. What can you juggle or free up? Talk to clients. The measures laid out in the Chief Justice’s Order are meant to save lives and spare illness. With a spirit of cooperation we can work this out with judges, judicial staff, and opposing counsel.

Parting Thoughts

Day-to-day life has changed. Courts must also change. So must our practices. Acting fast and acting now will shorten the impact of COVID-19 and will benefit us all in the long run.

Stay safe.

All Rights Reserved 2020 Beverly Michaelis

ABA TECHSHOW 2020

It’s officially a wrap. Did you miss ABA TECHSHOW 2020? Get all the apps, gadgets, tech, and tips fit to print right here on Wakelet! Topics include:

  • Artificial intelligence
  • Best practices
  • Client screening
  • Cloud computing
  • Ethics
  • Gmail, iPhone, Outlook, and PowerPoint tips
  • Marketing
  • Security
  • Windows 10

While you’re at it, be sure to check out the TECHSHOW blog.

All Rights Reserved 2020 Beverly Michaelis

Ethics of Disaster Recovery and Data Breaches

Coming December 10 at 1:00 pm Eastern, 10:00 am Pacific – a lawyer’s ethical duties in responding to disasters and data breaches. Featuring ABA Formal Opinion 483: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack and Formal Opinion 482: Ethical Obligations Related to Disasters (2018).

This session will offer real-life examples on how to recover from a disaster or a data breach — ethically.

Disasters and data breaches bring with them conflicting priorities to resolve. Duties of disclosure compete with those of confidentiality for your attention. The responsibility to provide legal services for which your clients have contracted may be adversely affected by disaster. Model Rules 1.4 and 1.6 provide the standards and the recent ABA opinions flesh out your ethical duties in the event of a disaster (natural or man-made) or a data breach (which is of course a very specific form of a disaster!).

Join our panel of experts as they guide you through these opinions with practical examples of how best to ensure you and your clients are protected in the face of this new world and all it has to throw at you.

This is a free CLE for ABA members. Register here.

All Rights Reserved 2019 Beverly Michaelis