Panelists discuss the recent ban on third-party service providers for lawyers and the best practices for protecting sealed court documents. They explore challenges and risks associated with sealed documents, responsibilities of the clerk of the court, handling sealed and confidential documents, and the role of docketing in managing court documents. Additionally, they provide insights on anticipated changes in the legal industry, including increased access due to COVID.
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Quick takeaways
Collaboration and adherence to court rules are essential to protect sealed court documents in the age of increased access and analysis through legal tech platforms.
The complexity surrounding the protection of sealed court documents necessitates the development of effective technological solutions to track and control access to sensitive information.
Establishing clear guidelines and standards for handling sealed court documents, along with collaborative efforts between courts and law firms, is crucial to ensure access, fairness, and justice in the legal industry.
Deep dives
Panel discussion on handling sealed court documents
The podcast episode features a panel discussion recorded at the annual meeting of the National Docking Association, focusing on the handling of sealed and confidential court documents. The discussion raises questions about how courts, lawyers, and legal technology companies should protect sealed documents in the age of increased access and analysis through legal tech platforms. The discussion references a standing order by a Chief Judge banning the use of third-party service providers in a specific district due to concerns about access to sealed records. The panelists, including leaders from legal tech companies and former court officials, highlight the importance of collaboration, transparency, and adherence to court rules to safeguard confidential information in court documents.
Challenges of safeguarding sealed court documents
The panelists discuss the complexity surrounding the protection of sealed court documents. They highlight the need to balance access to court records with the responsibility of safeguarding sensitive information. The discussions touch on the variations in rules across different jurisdictions and the challenges courts face in differentiating between trusted third-party service providers and potential risks they pose. The panelists underscore the importance of implementing effective technological solutions to ensure compliance with court rules and to track and control access to sensitive documents.
Collaboration and standardization for improved court document handling
The panelists emphasize the significance of collaboration among courts, law firms, and legal tech companies to address the challenges related to sealed court documents. They advocate for transparency and clear communication between the parties involved to build trust and understanding. The discussions also highlight the need for the development of standardized procedures and technology platforms to streamline the handling of court documents and enhance security measures. The panelists point to successful examples of standardization, such as the SALI standards for legal information, as a model for achieving consistency in court document management practices.
The importance of setting standards in handling sealed documents
Setting proper standards for handling sealed documents, similar to what e-discovery did over a decade ago, is crucial in the legal industry. The panel emphasized the need for the industry to establish clear guidelines for sharing and reviewing information. They discussed the role of law firms in preventing potential issues and the importance of early and frequent communication with attorneys to explain the process. The panel also explored the idea of creating a court wiki that provides basic information about the court, such as the back-end service used and expected timelines for document delivery. Collaborative efforts involving the National Docketing Association and library law services were suggested to ensure effective information organization.
Balancing public access and document protection in court systems
The panel discussed the challenge of balancing the right to public access, law firm access, and document protection in court systems. They highlighted the need for courts to own and control the official records to maintain authenticity and prevent falsification. The panel also emphasized the importance of technical standards and open models to ensure access, fairness, and justice. They recognized the funding challenges faced by courts and discussed the role of e-filing companies and data aggregators in providing services while acknowledging their limitations. The panel encouraged courts to focus on maintaining control over the record and providing access grounded in principles of equity and justice.
At a time when legal technology companies are making it easier to access and analyze court documents, what should – and should not – be done to protect confidential court documents that are sealed from public access?
This question came to a head last July, when a federal court in North Carolina took the drastic step of issuing a standing order that effectively banned lawyers in that district from using third-party service providers such as PacerPro, RECAP or DocketBird. That order came on the heels of a memorandum from the Administrative Office of the U.S. Courts that – while it didn’t outright ban the use of such service providers – it did urge courts to warn filers to be cautious about using third-party services and software.
Were these actions justified? Is there reason to be concerned about third-party providers? And what exactly is the best way to protect sealed documents?
To answer these questions, the legal tech company PacerPro brought together a panel of experts for a live program presented during the annual meeting of the National Docketing Association in Boston in October. On the panel were:
Snorri Ogata, chief technology officer at Tech Unicorn and formerly chief information officer at the Los Angeles Superior court and, before that, at the Orange County Superior Court, two of the largest court systems in the United States..
I moderated the panel and recorded it for this podcast. Thanks to the panelists, the NDA, and PacerPro for allowing me to do that.
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