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

[Roger Horne <roger@number7.demon.co.uk>]

On Mon 20 May, jkeane wrote:
> 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? 

Not as far as I know.

> What happens when your opposing counsel asserts he did not receive
> a copy?

You send him another copy?  It is not something which is ever likely to give
rise to a major problem in the English courts.

> 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.

I was at one time one of the joint chairmen of citations. But once again
what we want from citations in England seems to be different from what is
requred in the US. We do not, for example, have anything equivalent to any
of your standard works on citations. 

> It would also be a shame to lose your droll wit from the list:-)! 
>
>Very best, 
>  
> Jim Keane 

I believe that LegalXML is doing superb and valuable work, but I am still
unconvinced of the application of what it does to English law and procedure.
(And I still reckon that I would get better value spending 250 dollars  on a
trip to the South of France than in paying the same sum annually for a
subscription to LegalXML/OASIS.) 

As I have told Todd Vincent, I am giving a "non-technical" talk on XML and
the  Law on Thursday and I will in due course post a link to my Notes and
(HTML) "slides".

Roger
-- 
Roger Horne
11 New Square, Lincoln's Inn, London WC2A 3QB
mailto:roger@number7.demon.co.uk
http://www.hrothgar.co.uk/