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Dr. Mari Garza on Technology and Law

On Thursday, April 21st, Dr. Mari Garza of the Legal Studies Program delivered an Inklings titled “The Ethical Duty of Technological Competence: The Impact on Attorney Immunity.” The presentation examined recent changes regarding the responsibilities of attorneys vis-a-vis technology. One recent ruling, for example, determined that attorneys have the obligation to their client to use technological aids effectively, leading to some concern among the legal community that a failure to use time-saving aids might leave attorneys liable. Mostly, Dr. Garza focused on the issue of attorney immunity. Attorney immunity gives attorneys legal protection from third parties for actions taken in the course of “zealously and loyally represent a client.” While this doctrine does not protect attorneys from criminal liability, it gives them immunity from third-party civil suits. Dr. Garza considered this practice in its modern form, asking how far it ought to extend to actions taken through new technologies.

One professor who attended the event applauded its pacing, calling it “engaging.” Another attendee praised Dr. Garza’s ability to “tell a story,” referring to her description of a particularly noteworthy case in which an attorney used evidence procured through dubious means to blackmail someone.

In the early and middle decades of the 20th century, a small group of intellectuals met weekly at Oxford University to read aloud and discuss their works in progress. The meetings were characterized by lively exchange of ideas. The group members called themselves The Inklings, suggesting that their thoughts and works in progress should be taken in the spirit of reflection, criticism, and, sometimes, humor.

In the spirit of the original Inklings, the Department of Political Science at Texas State University has had gatherings and talks over the course of some twenty years in which Political Science faculty members have presented their thoughts and works in progress. Our Inklings talks, reflecting the diverse interests of our Political Science faculty, have addressed a wide variety of issues. The spirit of fellowship, exchange of ideas, occasional criticism, and some humor, as in the gatherings of the original Inklings, have characterized all of our Poli Sci Inklings talks, gatherings, and roundtables.

Details about the Inklings series can be viewed here. For more information on the series, please contact Dr. Arnold Leder at al04@txstate.edu.

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