In the lush, Old Boston environs of the Omni Parker Hotel,
today's lawyers got a sneak peak at the future of technology in the
legal profession.
The Massachusetts Bar Association, in partnership with The Warren
Group, publisher of Lawyers Journal, presented Legal
Trends, the first annual legal technology conference, at the hotel
on Monday, Sept. 17.
Featuring keynote addresses from Judge Nancy Gertner and noted
criminal defense attorney John H. Cunha Jr., the well-attended
seminars were full of informative presentations and networking
opportunities.
"Judge Gertner's comments were a fascinating reminder of how and
why we should have a diminished expectation of privacy," said MBA
Vice President Martha Rush O'Mara, who was in attendance. "Our cell
phones allow us to be tracked at any given moment. If you want to
maintain your privacy, leave your cell phone at home and do not
have your picture taken or posted by friends, relatives or
colleagues."
Gertner spoke about the "surveillance society in which we find
ourselves," drawing parallels to George Orwell's 1984,
noting that while "we're not quite there yet, it is
worrisome."
Addressing three major points - that "reasonable expectation of
privacy" is too vague in today's world, that "physical records" are
a thing of the past, and that the Fourth Amendment does not protect
"non-content" - Gertner warned that "our constitutional protections
have been dissolving for some time." She also noted that she
believes "we are not yet over the brink," and can recover from the
erosions of privacy rights in America's laws.
Cunha covered the science behind cell phone technology and how its
evidentiary uses are often based on erroneous assumptions. He
called on those present to challenge commonly held beliefs about
cell phone use, technology and location features. He also remarked
that while it may be difficult, "We must stop governmental
interference in our lives, particularly in a world where [young]
people have no expectation of privacy at all."
The conference also featured seminars addressing cloud computing
and informed decisions, the cost of e-discovery, focused digital
marketing for attorneys, and evidence collection in the mobile
age.
Event partners also included the New Hampshire Bar Association,
Lawyers Concerned for Lawyers, LOMAP Massachusetts and the Women's
Bar Association.