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Subject:
How to scan legal (contract) documets for a law firm
Category: Miscellaneous Asked by: iwoh-ga List Price: $7.50 |
Posted:
16 Jun 2002 18:47 PDT
Expires: 23 Jun 2002 18:47 PDT Question ID: 27667 |
I work for a law firm that wants me to scan documents into TIFF format. They are HUGE files and very hard to work with. The boss believes we need TIFF because it "prevents them from being changed." I know better - TIFF files can be changed just like any other file. Is there a "legal" way to scan documents that can be "proven" to be identical? I guess I am asking that would be "evidence" in a Court of Law? Any rulings or articles I can site would help me out. |
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Subject:
Re: How to scan legal (contract) documets for a law firm
Answered By: morris-ga on 17 Jun 2002 08:29 PDT |
iwoh-ga The question is less one of the file type you create than the immutability and lifetime of the recording media. The early solution to permanent archiving of legal documents was WORM (Write Once Read Many) drives, but fortunately, these expensive and balky solutions now have competition from the sub $100 CD recorder. The key is to use the CDR media (write only) not the CDRW (rewriteable) to create a permanent, unalterable record. A discussion of the subject from a solutions seller, including the status of the related laws in 46 of 50 states, can be found on the Archive Index Systems site at: http://www.archiveindex.com/law.htm A quote from the Archive Index Systems site. "The first thing to remember is that in order for you to have a legal database you must SET THE INFORMATION IN TIME. This is why many of the state's laws say the media type MUST be an UNALTERABLE MEDIA." You might be interested in this online Power Point presentation from Lab Track which provides a digital notarization product. The presentation cites many legal precedents for using their product to replace paper notebooks in medical research labs, such that they can be used as evidence in court. http://www.labtrack.com/ACS%20LABTrack%20Presentation.PPT As this last link from The Recording Authority reports, in terms of archival life expectancy, estimates of CDR media lifetime range from 50 to 250 years! http://www.cdrinfo.com/Sections/Articles/Specific.asp?ArticleHeadline=High%20Speed%20Re-Writing%20Format&index=2 I'm not an expert on anything legal, but I hope this puts you on the right track. Google Search Terms used CD acceptable archive CD legal archive court |
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Subject:
Re: How to scan legal (contract) documets for a law firm
From: darcknite-ga on 16 Jun 2002 20:03 PDT |
unfortunatly scaning a file into a computer using any means would probably not hold up in court. Any file can be altered...one way or another...however microsoft access has the ability to save files as a *.snp and that file is uneditable after that... however the legal matter of what happened from the time it was scanned to the time it was placed in access and saved as a *.snp is another story... you will also need a program to view the file... go to this page and it will give more info... this is not an offical Google Answerer...just someone who is bored...hee hee http://www.microsoft.com/accessdev/prodinfo/snapshot.htm |
Subject:
Re: How to scan legal (contract) documets for a law firm
From: drw_jsn-ga on 16 Jun 2002 20:16 PDT |
Realistically, regardless of file format, digital data can be modified. There's two options I guess to check if a file has been tampered with: 1. Digitally sign the file - This way the signature can be verified and the only person who can create signatures is the person who owns the private key. Note that the current algorithm of choice for this is RSA. 2. Generate a hash of the file (CRC32, MD5) and keep the hash in a secure place. The file can be verified by regenerating the hash and comparing it to the original (secure) version. |
Subject:
Re: How to scan legal (contract) documets for a law firm
From: darcknite-ga on 16 Jun 2002 20:18 PDT |
"Clarification of comment" Unless someone made a program that scanned and saved as an uneditable file it would be impossible...however what would be stopping you from scanning it into a program...swapping a few letters...printing it back out again..and scanning it with this "possible" program...I am pretty sure (not a lawyer) that in a court of law "no copy" is good... it has to be the "original". Anyone see the movie "Changing Lanes". Ben Aflec (spell check) had to have the original papers and not a copy or he was in deep trouble... Oh well it was just a movie. And I am not a lawyer...I cant even spell well. |
Subject:
Re: How to scan legal (contract) documets for a law firm
From: larre-ga on 16 Jun 2002 20:49 PDT |
Two law firms I have dealt with (as a signer) have used Adobe PDF format. While I have no information about the legal implications of this format, once encoded with special Adobe Acrobat options, content cannot be altered or repurposed. Adobe Acrobat Security http://www.adobe.com/acrofamily/secure.html ~larre-ga |
Subject:
Re: How to scan legal (contract) documets for a law firm
From: richardmay-ga on 17 Jun 2002 02:48 PDT |
I was thinking about taking a position for a office supply company selling a new product line. This product line does just what you are talking about. I would scan documents into an image file and save them in a secure manner. Secure enough that a DA's office could reproduce that document whatever years down the road and guarantee to the judge that the reproduction was EXACTLY the same as the original. This system is called DOCSTAR. http://www.docstar.com I hope this helps. |
Subject:
Re: How to scan legal (contract) documets for a law firm
From: texast-ga on 17 Jun 2002 06:35 PDT |
. Expanding on drw_jsn-ga's answer - You might also check into the possibility (and legal-leg-to-stand-on type of thing) of having a notary be the one to sign the document electronically, with some sort of statement certifying that it's a true copy of the original. In other words, produce a certified, notarized copy of the document in the electronic format. I know in some venues or for some matters a certified notarized PAPER copy is acceptable... But would it fly if it's digitized? I've no idea. And I'm NOT a lawyer - just someone who's had to use notarized copies for some transactions where they were acceptable (or requested). Good luck! TexasT |
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