From the President: Facing the Emerging Challenges of Technology

by Denise Warner

The American Bar Association’s theme for Law Day 2010 is Law in the 21st Century: Enduring Traditions, Emerging Challenges. Constitutional principles, such as freedom of speech and press, will be hard fought traditions in the face of the emerging challenges of technology.

The state of Ohio is considering using the social media site Twitter to provide almost instantaneous news of completed executions. In Kentucky, just before a defendant was sentenced for the reckless homicide of his girlfriend, a juror allegedly brushed up on the case by watching a YouTube video. Could you imagine using a website as evidence in a trial 20 years ago?

The First Amendment to the Constitution of the United States protects our right to receive information and ideas. As a result, attorneys across the nation are increasingly using technology such as emails, blogs, Facebook and Twitter to prove their cases. It is vital that our law schools educate students on the responsibility of using technology in a professional and ethical manner. It is also important that we keep our common sense hat on when we decide to use social networking sites as evidentiary tools.

Holding on to the tradition of providing legal representation to our community is an emerging challenge due to the economic times. Many students enter law school with the virtuous notion of representing the legal interests of nonprofit agencies and promoting legal access to individuals regardless of financial means. However, many find that they have to seek employment in the private sector or obtain a second job to supplement their income to pay for ever-increasing student loans, which in turn decreases the time they can spend in serving as a legal voice for the public.

In the 21st century, let’s strive to maintain our allegiance to the U.S. Constitution while embracing today’s technological and economic challenges.

“Be the change you want to see in the world.” – Mahatma Ghandi.