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Wednesday, November 17, 1993

Lawyer discovers the RISK of computer efficiency

>From the New York Times, Friday November 12, 1993 (page B20):

At the Bar. David Margolick. "Court asks a lawyer, if a computer is doing most of the work, why the big fee?"

[Abstracted and excerpted] Craig Collins, a lawyer in San Mateo California, used the West CD-ROM library, a system that contains every court opinion published in California in the last 33 years on three compact disks, to research a parental rights case. Under penalty of perjury, he swore that he had devoted 22 hours, ten of them over the Fourth of July weekend, to writing several memorandums concerning the rights of step-parents in custody cases. "At his normal rate of $225 an hour, that worked out to $4,950, part of his total tab of $9,591.50. The money was to come from the stepfather, who lost the case, provided it was approved by Judge Roderic Duncan of the Alameda County Superior Court."

"That was not quite what happened. Indeed, after deconstructing the mechanics of modern computer research, Judge Duncan not only balked, but handed Mr. Collins to the disciplinary enforcement section of the State Bar of California."

As it turned out, large portions of Mr. Collins memorandums were copied directly from the court opinions, without attribution. Collins explained that he had quoted the courts at length because "their language ``was better written than I would have composed it myself.''" The court, however, found that 22 hours was rather extreme for cutting and pasting since Mr. Collins was an experienced lawyer. At the hearing, William P. Eppes II, a representative of the West Publishing Company testified that Mr. Collins had used the system for a total of of 9 hours and 33 minutes since he had purchased it. The witness, who was also a lawyer, testified that it seemed entirely plausible that Mr. Collins had put in the time he claimed.

The judge was impressed by the witness' reasoning and withdrew his claim that Mr. Collins had not worked as long as he did. "All those hours at the computer, the judge seemed to say, reflected inefficiency rather than dishonesty."

Although disciplinary proceedings were dropped, Mr. Collins is still displeased with a judge who, in an interview, he described as "a ``cavalier'' judicial ``maveric'' whose ill-considered opinions had periodically been criticized by the California courts of appeal. How did he know? He consulted his trusty CD-ROM, and plugged in the words ``Duncan'' and ``reversal.''"

["Quotes" are directly from the article. ``Quotes'' are quoted material in the original article.

On the same page of the Times, you will also find an interesting article on modern computerized fingerprint systems. The FBI has a database of 30 million unique cards and performs more than 32,000 searches per day. The modern systems can compare a print at rates faster than 1,000 per second.

Martin Minow minow@apple.com] [Martin Minow via risks-digest Volume 15, Issue 28]
1:09 # G!


Maximillian Dornseif, 2002.
 
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