En=
vironment
and Tools for Creating Legal Documents Online
INform,
Knowledge Distribution Ltd.
tone.tomazic@siol.net
INform,
Knowledge Distribution Ltd.
INform,
Knowledge Distribution Ltd.
primoz.licen@email.si
Abstract
Complex
legal documents can now be created online, using special smart templates
(procedures, questionnaires, instructions, comments, links, legal background
etc.). Special portal for knowledge distribution is the place where authors=
and
users meet in a friendly environment, using all the necessary tools just wi=
th
their browser. In the future much more elements of AI will be added to the
‘smart forms’ thus upgrading them to the ‘intelligent
forms’.
1. =
Introduction
T=
he modern
world exposes us to an increasing amount of information. This applies to our
private lives as well as to the business environment. We are both the recei=
vers
and the generators of this information. Modern information technology (IT) =
has
so far developed many more tools and applications for receiving (i.e.,
searching for) information than it has for generating it. However, the saved
time and the added value for the commercial mediating of information can be
much higher than the added value of the now already traditional, information
industry. Users could save a lot more time by having access to the intellec=
tual
output that enables them to submit their information to appropriate address=
es
(using many kinds of smart e-forms) than by being able to search for inform=
ation,
which is often only the first step of the working process.
O=
ur
intellectual activities are not always unique and innovative: very often th=
ey
are routine tasks that require a lot of repetition and, as a result, a lot =
of
time is required for the same mental processes. So, apart from the
“passive” information that is obtained with the help of the
traditional IT industry, users should also be able to access an archive of
“active” information that can support their various intellectual
tasks that are performed in their private and business lives. As a conseque=
nce
of being able to skip these routine tasks, users would then have additional
time for more important and more creative activities. As a result, their
productivity would increase – and they would be prepared to pay for
access to easily available and useful applications much more than they would
for passive information.
T=
hese
observations are already reflected in various types of business initiatives=
and
can be found on the web (various forms, templates and other tools), but they
seem to have been created rather randomly and fractionally. So far they have
not yet appeared as a well-planned, well-rounded attempt to set up a new
industry of knowledge exchange using the latest IT–web technology. Fo=
cusing
on a specific way of bringing together the authors and the users of knowled=
ge
who are active in all fields of human activity will result in a commercial
advantage: those who manage to design, for the first time, an appropriate
business model and set up a network allowing a well-planned and monitored
exchange of knowledge will be entitled to an appropriate fee for the result=
ing
services. Law has been very slow, compared to other professions, in the
development and use of Information Technology. The use of IT by the judicia=
ry
and other legal professionals is growing rapidly. IT now has a role to play=
in
helping parties resolve disputes. Not only are legal knowledge based systems
appearing as tools that provide legal advice to the disputing parties, but
there are numerous systems that actually (help) settle disputes. They are
emerging in research labs and in the market place and are defined as Online
Dispute Resolution (ODR) services.
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2. =
New
Online Services for Knowledge Distribution
T=
he above
conclusions lead us to an entirely new industry, which will cover the follo=
wing
services and activities:
-
the
provision of a web-based information infrastructure for the purpose of
knowledge exchange between authors and interested users;
-
the
creation, installation and maintenance of various templates and procedures
available on the internet;
-
the
development and maintenance of the technology used for direct communication
between providers of different intellectual services (counselors, experts,
valuators, translators, lawyers, notaries, independent authors) and their
clients;
-
the
research, development, implementation and maintenance of various web-based
forms, with a special emphasis on e-administration and e-government;
-
easier
and faster response of the public administration, because of the better inp=
ut
(error free because of the automatic checking of the smart forms), including
“on the fly” decisions and other official acts.
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3. =
Knowledge
Distribution in the Legal Field
T=
his new
model of operation might lead to another interesting consequence concerning
lawyers (though not positive for everybody): the web will enable us to obta=
in
(create) a number of documents based on various templates (contracts, wills,
settlements, applications, etc) that will be cheaper than the documents
obtained directly from lawyers. It will soon become clear that not all the
services provided by lawyers are real legal advice, and that they generate a
lot of income by simply providing administrative services that can, in ever=
yday
practice, be done by their secretaries. No law forbids non-legal persons fr=
om
preparing their own documents (even legal ones!) or from obtaining help from
other non-legal persons if they can, in this way, save some money. As a
consequence, some lawyers might make less money by doing routine tasks, but
they will have more time for the provision of real legal assistance. Howeve=
r,
some lawyers (probably the young and computer-literate) will be able to earn
more than they have been earning so far if they get in touch with an approp=
riate
company and participate in the preparation and updating of templates. The
results of such cooperation will be beneficial to everybody: the productivi=
ty
of the lawyers will increase and the costs of the end users will decrease. =
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4. =
Producing
Legal Documents for Administration Purposes
A=
lthough
the idea of knowledge distribution on the Internet had been developed as a
general approach to solving various problems people encounter on a daily ba=
sis,
especially the ones linked with creating and producing different legal and
non-legal documents, it soon became obvious that one of its most meaningful
realizations should be in the field of public administration. Namely, there=
is
no other domain of human living that to such an extent would require us to
provide data and information in a formalized and prescribed way.
I=
n order to
make the idea of knowledge distribution applicable to the needs and purpose=
s of
public administration and its efforts to bring its services closer to citiz=
ens
and businesses and to make these services faster and more satisfying, two b=
asic
rules had to be observed: 1. smart electronic templates (i.e. the on-line
electronic fill-in forms) had to have the capacity to guide users through t=
he
fill-in process as well as the capacity of “real time
(on-the-click)” adjustment to the data or choice (answer) provided by
those users; 2. production of smart electronic templates had to be made sim=
ple
in a way that any public servant could manufacture them on-line without the
help of a qualified computer programmer or any other computer expert. If th=
ese
premises are met, public administrations can only benefit from the cooperat=
ion
and synergy with the private sector in developing user friendly smart e-for=
ms.
T=
oday one
could hardly find a public administration that does not implement or at lea=
st
plan some sort of e-Administration or e-Government. But not all of them have
realized that the real quality and fast progress can only be achieved throu=
gh
synergy and cooperation between the public and the private sector. The publ=
ic
administration of the
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5. =
Traditional
Input Forms are Insufficient
I=
t is the undisputed
fact that a large proportion of users of public administration services have
had problems and difficulties when communicating with governmental bodies
T=
he main
deficiency of these forms is the fact that they are fixed, “flat̶=
1;,
i.e. static and that they are abstract which means there is usually only one
form for different real life situations. Even if there is more than one for=
m,
it is impossible to cover all of the actual real life possibilities with
abstract forms. Therefore the user who fills in such a form is invariably
confused as there are blank spaces that do not apply given her or his concr=
ete
situation, while on the other hand there could be missing blank spaces as s=
he
or he perhaps wanted to add additional information that could be relevant f=
or
the case and/or to make additional claims. At the same time, adding extensi=
ve
instructions for the users as to who should fill in which blank spaces can
generate even more confusion.
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6. =
Smart
Electronic Templates are Built “On the Fly”
T=
he
Internet application that enables the manufacturing and on-line publishing =
of
smart electronic templates (called the SEPO) has the aspiration of offering
both the public administration and its users a new and unique approach to t=
he
way users communicate with public administration. Therefore it had to overc=
ome
the problem deriving from the fact that there cannot be a form for each and
every real situation that individual users may find themselves in. In other
words, the forms had to be made flexible so that they would adjust to the
concrete situation of each individual user.
T=
he
solution to the problem was the division of forms (or in this case smart
electronic templates as we call them) into sections which in the process of
completion are or are not executed depending on whether or not certain
conditions have been met. The application simultaneously calculates whether=
or
not these conditions have been met on the basis of answers[1]
users provide and/or on the basis of choices they make[2]
when completing the form.
E=
ach
section consists of one or more variables (each variable being represented =
by a
question that the application poses to the user) and of text that is displa=
yed
in the final document and which, inter alia, re=
flects
the value of the variable, i.e. the answer the user has given or the choice=
she
or he has made.
E=
ach
template may consist of any number of sections and each section may contain=
any
number of variables and any amount of text. Each section can have any numbe=
r of
conditions attached to it. Since the conditions are simultaneously calculat=
ed
only the sections the conditions of which have been met are executed, meani=
ng
the user only gets the questions from these sections. As a result only the =
text
from these sections (and the values of its variables) is displayed in the f=
inal
document. This procedure ensures that only the questions that correspond to
users’ concrete situation are displayed which in effect means that ea=
ch
form is custom-made to suit the individual user and his unique status and
needs.
I=
n addition
there is the possibility of equipping each question users have to answer wi=
th
any number of interactive explanations, examples, warnings, recommendations,
web links etc. in order to provide for necessary information to help users
decide and to make their answers and choices easier and more reliable. If t=
he
user at any step during the completion process finds any of the previous
answers and/or choices to be inappropriate, she or he can always go back and
correct them.
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7. =
Smart
Electronic Templates are Easy to Make
I=
f the
system of smart electronic templates is to be widely applicable for any pub=
lic
administration and local self government institution (including small
municipalities of under 5.000 inhabitants), creation, customization and on-=
line
publication of the templates had to be made as easy as possible.
A=
nd it was,
as it takes no more than just basic knowledge of word processing and Intern=
et
browsing to perform the above tasks. Every public servant in the EU countri=
es
is (should be) in possession of these skills.
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8. =
The
Steps in Producing Electronic Templates
T=
he
producer of a smart electronic template (author) has three basic tasks to d=
o in
order to make the template work. She or he must 1. Define the sections and
variables within those sections, 2. Define the text of each section, 3. Def=
ine
the conditions for the sections the execution of which depends on whether or
not one or more of those conditions have been met.
W=
hen
defining the variables the creator of a template firstly has to choose what
kind of variable it should be (whether it should be an insert box, a drop d=
own
menu, a radio button list or a checkbox) and secondly she or he has to defi=
ne
the question which users of the template will have to answer. If the variab=
le
is an insert box type, validation of users’ answers is possible.[3] If the variable is of any
other type, the different possibilities users must choose from must be set.=
To
this point it is all simple word processing and “OK and Cancel”
Internet browsing.
W=
hen the
sections and their variables have been defined, text of each section must be
written and the variables must be inserted into their predetermined positio=
ns
in the text. For this purpose a special .xml text designer has been develop=
ed.
It resembles and acts as any usual text editor such as, for example, MS Wor=
d.
Text is written in the usual manner while the variables that have previously
been defined are incorporated into the text using the drag and drop method.=
The
person who designs the template sets the corresponding position in the text=
for
each variable.[4]
D=
efining
conditions for any of the sections is similarly simple. First of all, the b=
ase
of the condition has to be determined choosing between variables from previ=
ous
sections and previous sections themselves. In step two the value of chosen
variable must be set if the base of the condition is a variable. If during =
the
completion process the set value was reached the condition has been met and=
the
conditioned section will be executed (given there are either no other
conditions for this section or if there is more than one condition that all=
of
the conditions have been met). If the base of the condition is a previous
section it has to be determined whether there is a positive or a negative
relationship between the two sections.[5]
Any number of conditions of any type can be combined; in this case the sect=
ion
will be executed only if all of the conditions have been met.
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9. =
Friendly
Environment for the Web Application
T=
he web
application for producing smart electronic templates is actually a set of t=
ools
which work in a unified environment. The environment is a framework for all
common feature sets that are used by the tools. These are database
connectivity, granular access right management etc. Such an environment is a
base for a wide configurability of the whole application. All of the
application's tools and contents can be specified for each specific user or
group of users. Each user or group can have personalized tools and personal=
ized
contents.
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10. =
Tools
for Authors and Users
T=
here are
many implemented tools that enable creation and maintenance of documents and
users. Tools also offer possibility for commercial use of the web applicati=
on.
Some tools are made for support, e.g. archive, help, search etc.
O=
ne of the
goals was to make the use of application as simple as possible. There are m=
any
features that emulate use of a desktop application as well. These are menus,
simultaneous work within multiple windows etc. In this way the best
characteristics of both web and desktop applications are offered in one
solution.
T=
here are
other tools for producing various forms and templates on the market, but th=
is
system is the first and the only one that functions 100% via web browser (f=
or
users, authors, editors and administrators alike). It is also very general
purpose oriented as it can be used in any aspect of the human life (business
and private), wherever human knowledge is being distributed.
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11. =
Support
for Multiple Languages and Localization
W=
eb
application has implemented localization on two different levels: multiling=
ual
usage of tools and even more importantly - dynamic content localization.
W=
eb
application is designed in a way that enables relatively easy implementatio=
n of
future enhancements such as support for administrative decisions, tool for
automated creation of acts of all kinds etc.
M=
ulti
language and multi culture support offer possibility of simultaneous
translation of documents and belonging elements into more languages. Docume=
nts
are handled independently of source language. As a result we can get docume=
nts
in more than one language or culture at same time. Adaptations for desired
culture (language, writing style...) are executed on document's author's te=
xt
and on end-users input synchronously.
W=
eb
application supports use of all world official cultures with appropriate
languages and writing styles.
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12. =
Technical
Background
W=
eb
application is written in open source .NET framework. Database is SQL Serve=
r.
Web server is the IIS.
M=
ajor
business logic is executed in .NET environment. Part of operations performs=
on
clients' browsers as Javascript. Database queri=
es which
demand more computer power run as stored procedures on database server.
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A=
pplication
was written from scratch. Objects used in it are designed so that support t=
he
use of future functionalities that are not implemented yet.
A=
ll of the
management can be done through a web browser. Authors need the MS Internet
Explorer 6+ whereas any other user can use any other popular web browser. <=
/span>This type of client does
not need distribution of any upgrade
of application.
D=
ocuments
are proper XML/HTML documents. That is why linking to other sources is much
simpler. That access offers possibility of use of all XML standards for fut=
ure
functionalities like digital signature of documents etc.
T=
he architecture
of a document allows for different types of content to be merged in the fin=
al
document as per authors' requirements. Even more important, the final output
depends on specified end-user's input thus adding value to the document's
content.
T=
he content
of each document is fully customizable. Creating and editing text in a docu=
ment
is as simple as using any of the most popular text editors. The tool for
editing documents enables authors to insert any field or condition that mee=
ts
their criteria. These elements and their specific values make up a highly
personalized finalized product.
S=
tructure
of documents supports changing of document's content to momentary demands t=
hat
depends on end-user inputs. Basic goal is that authors can implement program
logic without programming. In that way the application is a kind of program=
ming
tool which does not require knowing technology from authors - just a logical
and analytical consideration. Program code for fulfilling conditions is gen=
erated
on-the-flay in the background for each end-user input. At the end of docume=
nt
this code is executed again and shows appropriate final document.
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M=
ost of
application is made in .NET environment which require pre-compiled code. Co=
de
for documents' conditions is executed momentarily, therefore it is written =
as
script. Application offers a wide range variables and suitable conditions f=
or
desired document's output, but in the same time offers simple input of program code in VBScript for advan=
ced
authors. That makes possible any kind of program logic which author can
imagine.
A=
pplication
enables use of secure connection with clients (SSL). System of rights also
offers security and configurability of each page and its elements. Rights a=
ct
as rights in windows environment. Rights are read, write, execute, etc. Rig=
hts
can be also time limited.
A=
pplication
can run on more servers simultaneously. This suits heavy loads caused by mo=
re
clients' requests in peak traffic hours.
W=
eb
application also offers use of documents for everyone or just for subscribe=
rs
with their own domain and other adaptable settings. This can separate
subscriber's users from others on the same server. These subscribers can be
various state services or any other.
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13. =
Conclusions
A=
s a figure
of speech we can declare:
·
·
·
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<=
!--[if gte vml 1]>![](3D"ETCLDO6_datoteke/image001.jpg")
<=
o:p>
Picture 1. The use of internet for interaction with
public authorities in the European Union
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<=
!--[if gte vml 1]>![](3D"ETCLDO6_datoteke/image002.jpg")
<=
o:p>
Picture 2. The official E-Administration portal of =
the
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<=
!--[if gte vml 1]>![](3D"ETCLDO6_datoteke/image003.jpg")
<=
o:p>
Picture 3. The starting point of the questionnaire =
with
an explanation as to the legal nature and purpose of the form
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<=
!--[if gte vml 1]>![](3D"ETCLDO6_datoteke/image004.jpg")
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o:p>
Picture
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<=
!--[if gte vml 1]>![](3D"ETCLDO6_datoteke/image005.jpg")
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o:p>
Picture 5. The execution of the section “fami=
ly
name(s)” due to user’s choosing of the “Family name(s)=
221;
possibility in previous section
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<=
!--[if gte vml 1]>![](3D"ETCLDO6_datoteke/image006.jpg")
<=
o:p>
Picture 6. The execution of the section “fami=
ly
name(s)” due to user’s choosing the “Family name(s)”
option in previous section
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![](3D"ETCLDO6_datoteke/image007.jpg")
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o:p>
Picture 7. The final document in the case of user&#=
8217;s
choosing of the “Family name(s)” option
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<=
!--[if gte vml 1]>![](3D"ETCLDO6_datoteke/image008.jpg")
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o:p>
Picture 8. Complete administration of the system is
performed via the same console shared by both end users and authors as well as t=
he managers
of the system
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[1] Users write their answers into blank boxes.
[2] Users make their choices using drop down lists,
radio buttons and/or check boxes. The choices are given in advance.
[3] For example if the questions goes “What =
is
the e-mail address of the applicant?”, the users’ answer should=
be
“something@x.yy”, otherwise the
application will produce a warning and will not let users any further until=
the
answer is corrected. It is the same with date, numbers, maximum number of
letters users may type etc.
[4] When the questionnaire is completed in its
entirety by the user the text that was written and formatted in the .xml
designer is reproduced in the final document. Instead of variables the acqu=
ired
values of variables (i.e. the answers and/or the values of the chosen optio=
ns)
are reproduced in the corresponding positions within the final document.
[5] For example if there is a positive linkage bet=
ween
two sections the condition would read as “section 4 will be executed =
is
section 2 is executed”. If there is a negative linkage, the condition
would read as “section 4 will be executed is section 2 is NOT
executed”.