[legalxml-comment] RE: Migrating Court Filing to OASIS

[jkeane <jik@jkeane.com>]

Roger,
I'm responding to your note questioning the need to join the new LegalXML
OASIS member section. The answer is that LegalXML standards are far broader
than a standard to file documents in US Courts.

The CourtFiling standard can be used for counsel-to-counsel communications.
In the CourtLink eFile program there is quite a bit of service on counsel
where the document is not served in court.  This leaves an audit trail of
actual service rather than a presumption that is achieved with a
"Certificate of Service" used in US practice. This is an extra signed
declaration signed by the lawyer asserting a copy of the document was mailed
to the lawyer or party on the other side.  Is there a similar practice in
the UK?  What happens when your opposing counsel asserts he did not receive
a copy?

I elected to join LegalXML OASIS for reasons far beyond CourtFiling. The
standards for contracts, signatures, legal citations and the like are
important on a global basis. Being on OASIS has also opened my eyes to the
breadth of the work on OASIS.

It would also be a shame to lose your droll wit from the list:-)!

Very best,

Jim Keane

James I. Keane
JKeane.Pro
20 Esworthy Terrace
North Potomac MD 20878
301-948-4062 F: 301-947-9159
www.jkeane.com <http://www.jkeane.com>
Litigation Support Systems, 2d
<http://www.westgroup.com/store/product.asp?product_id=16989703&catalog_name
=wgstore>  (WestGroup)



-----Original Message-----
From: Roger Horne [mailto:Roger@number7.demon.co.uk]
Sent: Tuesday, April 23, 2002 4:09 AM
To: legalxml-courtfiling-discuss@lists.oasis-open.org
Subject: Re: Migrating Court Filing to OASIS


On Fri 19 Apr, John M. Greacen wrote:
>
> I urge each of you to become a member of OASIS so that you can
> participate actively in the TC.  You can join by paying $250 annually
> individually,

I have been reading the comments about this proposal for some months and I
have yet to see anything suggesting why I would be better off paying 250
dollars to OASIS than spending 250 dollars on my next holiday. Personally I
feel that the latter option will give me more pleasure, but I am sure that
someone may be able to persuade me otherwise. (well, not *entirely* sure --
return flight from London to Nice, say 100 dollars, stay with my brother
for the weekend, meal at the best fish restuarant in Cannes, my share 75
dollars, wow, I have got something left over to buy small presents for my
niece and nephew. What does the alternative get me?)

In my view the electronic filing DTD is unlikely to be of any use in the UK:
our civil procedure is completely different from yours and at the moment the
filing of documents with the court normally takes second place to serving
them on the other parties. If you were to ask an average UK litigation
lawyer to define either a docket or a filing he would look at you blankly:
there is no equivalent in this country.

So for a non-US lawyer much of legalXML's work, although interesting, is of
no practical value. And at the moment I can see no advantage in digging into
my pocket to find 250 dollars to pay to watch what you are doing.

Roger
--
Roger Horne
11 New Square, Lincoln's Inn, London WC2A 3QB
mailto:roger@hrothgar.co.uk
http://www.hrothgar.co.uk/YAWS/