Lawyers Use the ‘Net to Become Year 2000.Smart!

by

Courtney Kennaday, Esq., Ross L. Kodner, Esq., Susan B. Ross, Esq.

E-mail humor received recently by authors:

Lawyers are accustomed to dealing with deadlines, but December 31, 1999 is the mother of ALL deadlines--the legal deadline of the millennium. The ultimate statute of limitations date! As clocks tick over at 11:59:59PM in every time zone worldwide on December 31, people all over the world will finally know what the Year 2000 problem will actually bring. With just a few months to go, is there still time for lawyers to learn how to handle the problem?

By now, it is likely that almost everyone has heard of the Year 2000 (Y2K) problem and knows more or less what it is. Well, ok, just in case you’ve just returned from being shipwrecked on the proverbial desert island, or rocketed in from another galaxy, here’s the problem in a nutshell. Early computer programmers, for various reasons (mainly to save limited disk space), left out the first two numbers of the year date in various programs. Don’t ask why, long boring story; just accept it and go on. One last point, Y2K is not a "bug" or a virus, as some people have called it. The original programming limitations that are left as the legacy that will cause the problems were done quite intentionally. But those equipment-challenged programmers 10, 20 and 30 years ago never thought that anyone would still be using their program code so far into the future. But it IS a problem that will, one way or another, affect every one of us.

No one knows for sure what will happen, but the fear is that when January 1, 2000 rolls around, computers will think it’s 1900 or some other date like January 1, 1980 and either stop working at all or wreak electronic havoc on everything from medical devices to automated teller machines to the elevator controls in your office building to airplanes and any other device that has some kind of embedded little computer system. Oh, and your PCs and their software too.

It isn’t possible to turn on the television without seeing prognosticators offering their opinions on what the Y2K glitch will do. The problem is plastered across newspaper headlines and magazine covers. Opinions vary wildly, with some of the so-called experts saying dire consequences will result, and other saying that it won’t be a problem after all. A cult of apocalyptic survivalists has fed on the frenzy with some hoarding gold, buying guns and resurrecting their 50's era bomb shelters now stocked with the latest in canned good technology and bottled water. Lawyers, confused by mail full of advertisements for Y2K seminars, newsletters, "quick fixes," Y2K consultants, and the like, are unsure where to turn for advice.

If it gives you any comfort, the United States is considered by many to be a world-leader in preparing for a potential Y2K crisis. Banking and financial industries, in particular, are believed to be reasonably well-prepared. But many industries are still at risk because they have yet to adequately address and resolve any potential Y2K issues they may have. Small businesses, according to recent surveys, seem to be very much behind the curve with many simply hoping for the best--that the Y2K situation will not affect them--the proverbial "head in the sand" approach. One of the at-risk industries is law firms. Not only have many lawyers failed to examine their own law office systems for Y2K problems, but frequently they have failed to address whether their clients may need Y2K legal advice (they do--no question about it).

Why should any of this concern attorneys? Despite efforts to prepare, Y2K problems have already occurred. Credit cards with expiration dates of 2001 or 2002 do not always operate, wreaking havoc with retail store and other computer systems. In addition, anyone entitled to benefits that are calculated past December 31, 1999 may have seen errors in the calculations. Are you able to answer your clients’ Y2K questions? Will you be able to handle your first Y2K lawsuit whether you represent the plaintiff or are handling the defense? Some states have already passed or are considering Y2K legislation to bar lawsuits against the state government for Y2K caused problems. Will you be accused of malpractice if you fail to alert your clients to the legal ramifications of the Y2K situation? Expect the legal malpractice field to be one of the growth industries after 1/1/2000. Look closer to home: is your office Y2K ready? What responsibilities do you have in the event of a Y2K failure in your law office?

With less than a year to go before the "moment of truth," is there anything lawyers can do to prepare themselves, their firms and their clients for the Year 2000? Absolutely! And ignoring the problem will only aggravate the potential pitfalls. Most of the answers lawyers need today can be found on the Internet. Since the Y2K problem--or at least the sense of urgency about it--is so new and is constantly changing, the Internet is the best place to go to get a Y2K crash course. Further, with the Internet, you can do most of your research without ever leaving the comfort of your home or office!

Before you grab your mouse and start your Y2K-related surfing, here are a few Internet research pointers.

If your computer is slow or old, or your modem is in the same boat, consider an upgrade before you try to do extensive Internet research--you’re simply going to find that you’ll need to upgrade anyway if your PC is more than 3 years old in most cases. It’s typically cheaper to buy or lease new Y2K-certified PCs than trying to jury-rig older systems. Note that the few Mac-using lawyers out there have nothing to worry about — their systems have always been Y2K-compliant.

Make sure that you have a printer that can handle printing Web pages without difficulty. Believe me, you will find much that you’ll want to print and read later: too much reading at the monitor may cause eyestrain for some (which will only create only Y2K problem). This means a reasonably modern inkjet printer or a laser printer loaded with plenty of memory that can spit out graphics-filled web pages without choking.

If you haven’t updated your Web browser (Netscape or Internet Explorer) in more than a year, it’s time to go to the Internet and download a free upgrade version. Allow plenty of time since these are big files, but they’re otherwise easy to install.

Don’t forget to add any Web sites that you really like to your Bookmarks file in Netscape, your Favorite Places file in Internet Explorer, or your Favorites in AOL.

When beginning your research on the Internet, you will want to read Y2K articles and white papers to fill in any knowledge gaps you may have. We are partial to the Y2K article written by attorneys Bruce Dorner and Daniel Coolidge, which can be found at: www.abanet.org/lpm/newsletters/net2d/sp98dor_cool.html.

Be sure to check Web sites that post Y2K news stories regularly.

Sign up for (and read!) a good Y2K listserve¹ (or two). There are many listserves, but a good one is the PLI Y2KLaw list at www.pli.edu. To subscribe send a message to: listserv@pli.edu. In the body of the message type: Subscribe PLI_Y2Klaw FirstName LastName.

Although there are a few Y2K newsgroups², most are not helpful for attorneys. Just be aware that they exist.

Don’t forget to look for Y2K information about your firm’s (and your clients’) software and hardware on the manufacturer’s home pages -- build a detailed dossier of publicly available documents from these Web sites which verify the Y2K compliance of your products.

Look for compliance information on businesses, corporations, industries, governmental entities, universities, and ask people you do business with for compliance certification--people like your landlord, insurance company and more!

These Web Pages were selected because they met a loose set of criteria, namely: we like them, we can access them when we need them (they’re reliable), and they are comprehensive enough to point us in any direction we need to go.

The Year 2000 Information Center (www.Year2000.com)

For many lawyers, this Web site has become the number one page to find everything related to the Year 2000 problem. The page is chock full of good information, including news and news clippings from other sources on the Internet, Y2K products, links to other Y2K sites, vendor information, and an extensive list of Y2K user groups.

Of particular interest to lawyers is the Law Center page, dedicated to Y2K legal issues. Also, the large collection of articles (going back several years if you check their "archive" page) is another good reason to begin your research with this Web site. So, if you are starting from a point of zero knowledge, be sure to go to this site and read the articles. If you are afraid that you will forget to check the site regularly, you can sign up for the Announcement List, which will notify you approximately twice a month of changes to the Web site. We can’t stress enough how important this site is to your Y2K research!

Yahoo! Year 2000 Problem (www.yahoo.com/Computers_and_Internet/Year_2000_Problem/)

If the extensive list of links on the previous site didn’t satisfy your thirst for Y2K knowledge, try the Yahoo! Year 2000 Problem site. The site, in typical Yahoo! fashion, also lists links to Y2K books, conferences, consulting services, government policy, and more! For news stories on the Y2K problem, try the Yahoo! Full Coverage site at http://headlines.yahoo.com/Full_Coverage/Tech/Year_2000_Problem/

Everything 2000 (www.everything2000.com/)

There is so much to see on this site, you may want to click on the site index and view all the contents in a neat list. Don’t expect quite the level of seriousness as the sites mentioned above (for example, one news headline reads: "Caviar crisis feared for the millennium" -- which, of course, goes along with the projected shortage of champagne expected for the millennium). Although not specifically geared towards lawyers, the scope of this page alone makes it a worthwhile site.

ITAA’s Y2K Web Site (www.itaa.org/y2klaw.htm)

Information Technology Association of America (ITAA) has compiled lists of both proposed and passed state and federal legislation, and has attempted to list all Y2K lawsuits filed. The page provides a summary of the bills and lawsuits and their current status. Some of the links to bills are not active, and the page is occasionally difficult to access, but it is one of the most complete sites of its kind. Another list of Year 2000 related lawsuits can be found on the Web page of the San Francisco law firm Hancock Rothert & Bunshoft, LLP at www.2000law.com/html/lawsuits.html.

Sanger’s Review of Y2K News Reports (www.y2kreview.com/)

If the sheer volume of information on the Year 2000 Information Center site is overwhelming, this site is a lifesaver! This site collects and summarizes Y2K news reports daily. Each summary includes a link to the original report. The Web master posts the daily summaries by the end of the business day. In addition, the Web site allows you to sign up to receive the Review via e-mail each day.

ZDY2K.com (www.zdnet.com/zdy2k/)

Another good site to find the latest Y2K news. ZD is Ziff-Davis, the mega-publisher of many of the most popular consumer-oriented computer periodicals like PC Magazine and PC Computing, among many others. One neat feature of this site is the link called "The Compliant." This is your link to Y2K compliance information. Just search for a company name or product category using ZD Company Finder. Another great feature – "Consumer Alert" – is a list of handy little FAQ’s (frequently asked questions) about Y2K and its potential effect. In a similar vein is "Fact & Fantasy" – FAQ’s specifically about industry and government.

Y2K News Magazine (http://www.y2knews.com/)

This site frequently takes a long time to load, even with a fast modem. But it is worth the wait. It includes links to many different Year 2000 news stories. The site collects links every day, mostly from newspapers nationwide and around the world, and from wire services. While there is much more to the site than links to news items, the other content may not be particularly worthwhile for lawyers. There are statistics from "experts" about the scope of the problem, there’s a chat room, twenty Y2K discussion groups, and links to other Y2K information.

Remember, your Y2K Internet research isn’t really over until the crisis (?) passes. Even then, your research will be focused on dealing with the inevitable legal wrangles your clients will face once the impact of the problem finally hits. Try to keep up with the latest news and legislation on a weekly basis. If you are involved in Y2K litigation, check more often. One thing you will discover from your research: there really aren’t any Y2K "experts" out there today--just better "educated guessers." The best plan you can have is to be well-informed!

Courtney Kennaday is a lawyer with the Columbia, South Carolina firm of Suggs & Kelly. She recently crossed the techno.line to become the firm’s Director of Information Technology. Courtney is well known as a legal techno.goddess in her state and throughout the Southeast, serving as the Chair of the South Carolina Bar’s Technology Committee and also as the newly appointed Chair of the Richland County (South Carolina) Bar Association’s Technology Committee. Nationally, Courtney is a frequent author and speaker on legal technology topics with special expertise on the subject of integrating the Internet into modern law practice. Along with Ross and Susan, Courtney is also the co-developer of the popular CLE presentation, "Technology for the Rest of Us". She is currently a Vice-Chair of the ABA Law Practice Management Section’s Computer & Technology Division. Courtney can be reached at ckennaday@suggskelly.com.

Ross Kodner is a lawyer who some say "saw the light" when he founded Milwaukee, Wisconsin’s MicroLaw, Inc. in the early years of the PC age, back in ‘85. He spends all his time working with his team of 12 professionals helping over 425 law firms and legal departments across North America integrate technology into their practices. He is also the developer of the ground-breaking "Paper LESS Office™" concept and co-writes a regular column for the Law Office Computing magazine called "The Circuit Court". He is very active in his own State and County Bar’s technology groups and is the Chair of the ABA Law Practice Management Section’s Computer & Technology Division. He can be reached at rkodner@microlaw.com and via www.microlaw.com.

Susan Ross has a dream job practicing Internet and Technology law at the Washington, D.C. office of Baltimore’s Piper & Marbury. Prior to this Susan built her considerable reputation as a nationally recognized Internet consultant and leading legal techno.ethics authority with InterLegal Services--a consulting firm she founded in Phoenix, Arizona. Susan writes and lectures all across North America on legal technology topics and along with Courtney and Ross, is the co-developer of the widely praised "Technology for the Rest of Us" CLE series. She is currently a Vice-Chair of the ABA Law Practice Management Section’s Computer & Technology Division. Susan can be reached at sross@pipermar.com.