Sunrise, Sunset: Judge Facciola Looks Back and Forward

In Law Technology News, retired Federal Magistrate Judge Facciola reflects on his seventeen years on the bench and writes about the reasons that make him both optimistic and pessimistic with respect to technology and the courts. Judge Facciola outlining his reasons for optimism, points to the tireless efforts of volunteer judges, lawyers and technical professionals to educate anyone who would listen about e-discovery issues. He reflects on e-discovery education and the migration from attorneys sitting like “deer in the headlights” when the most fundamental issues were addressed to today, when attorneys are proud to entitle themselves as “e-discovery lawyers.” Judge Facciola points approvingly to law schools that are beginning to acknowledge that law school graduates must understand how technology impacts the practice of law. Judge Facciola’s is pessimistic about the astronomical cost of litigation and notes that the consequence is that the middle class is gone from the federal courts. He expresses his concern that the federal courts will become a “playground where only the rich can play.” Finally, the Judge addresses the need for the legislature to update the Stored Communications Act. Judge Facciola writes that an investigation into the amendment of the act, “could create what we desperately need—a societal discussion of how we can balance our precious privacy and freedom against the threat of those who would terrorize and harm us.”

Read the full article written by Judge Facciola here.

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