ABA President-Elect Embraces Legal Tech and Promotes Access to Justice

At the annual meeting of the American Bar Association, held earlier this month in San Francisco, Hilarie Bass was selected to serve as president-elect. She will take the helm of the organization in 2017 and intends to focus on two major issues -- closing the justice gap and promoting use of technology in the practice of law. She will also focus on the legal education system, working to update the existing model with more innovative approaches to learning.

Addressing the ABA House of Delegates, Ms. Bass discussed these areas of concentration in detail. She also referenced the ABA Commission on the Future of Legal Services, which was just released on August 6th. Among its many recommendations, the report advises that all members of the legal profession adapt to changes in the delivery of client services. Legal practitioners must be aware of relevant technology and know how to use it effectively, allowing for more efficient workflows and increased protection of privileged data. Innovations in technology are the key to remaining relevant in an age of rapid change, when process improvement is critical and technological proficiency is a must.

In addition to tech skills, Ms. Bass discussed the need for restored faith in the justice system, particularly among low-income citizens and those who belong to minority demographic groups. Ms. Bass feels strongly that race, gender, religion, and income should not determine one's ability to access to the legal system, and she's already taken steps to help mitigate the effect that our own implicit biases based on these characteristics can have on the administration of justice. As a member of the ABA Section on Litigation, Ms. Bass helped create the Implicit Bias Initiative, a resource to assist legal professionals in identifying their personal biases.  At the center of this initiative is a video produced by The Judicial Branch of California. It challenges viewers to examine the hidden factors that influence their decisions, exploring both the neuroscience and psychology behind the choices we make. (This is just one of many excellent videos in the California Courts Video Archive, a resource worth exploring.) 

The legal profession is changing rapidly. New approaches to the practice of law and the delivery of legal services are desperately needed. Under the leadership of Hilarie Bass, the ABA will strengthen its focus on legal education, legal tech, and the justice gap.

Latest & Greatest -- Locked Down: Practical Information Security for Lawyers

August is ABA Resource Month at the Harris County Law Library. On this Tech Tuesday, we're spotlighting a new tech-related ABA publication, a recent addition to our collection on a topic of growing concern, cybersecurity and the protection of client data.

Locked Down: Practical Information Security for Lawyers is authored by three of the most prominent figures in the field of legal tech, Sharon D. Nelson and John W. Simek of Sensei Enterprises (and co-hosts of  Digital Detectives on the Legal Talk Network), and David G. Ries, a Pittsburgh attorney specializing in data protection, information security, and digital forensics. 

The authors begin by discussing the Model Rules of Professional Conduct. In particular, they point to Rule 1.6, which requires members of the Bar to protect client confidentiality. They also discuss the challenges of securing data in the age of nearly universal connectivity and widespread mobility. Recognizing the inherent difficulties of guarding against data breaches, the authors provide solutions and advice, as well as answers to common questions regarding passwords, multifactor authentication, smartphone security, encryption, and the use of public wi-fi networks.  

Be sure to check out the final Appendix of the book where key developments in the field in information security are addressed, such as the Cybersecurity Informaton Sharing Act of 2015. Also included are recommended sources for tracking vulnerabilities and threats, namely Naked Security News and SANS OUCH!

Continuing Pokélegal Education

Avoid looking for Pokémon in jail. 

Following up on our introduction to Pokémon law two weeks ago, the Pokémon experts at Ex Libris Juris have a few more trainer tips about Pokémon Go:

• Pokémon Go creator Niantic Labs has created a webpage to request removal of specific Pokéstops or Gym locations (virtual zones that attract both Pokémon and their would-be captors to real-world coordinates). This Pokémon pest control is intended to alleviate the safety concerns, violation of private property rights, and even disrespect towards the fallen plaguing property owners (mis)fortunate to be adjacent to virtual Pokémon hot spots.

•  Iran has become the first country to ban Pokémon Go after its High Council of Virtual Spaces announced the game represented a potential security threat. Meanwhile, New York has imposed a new condition for registered sex offenders on parole preventing them from playing Pokémon Go, as well as any other Internet games.   

• A New Jersey attorney has filed a federal class action suit against Niantic Inc., Nintendo Co. Ltd., and The Pokémon Company for nuisance and unjust enrichment. The suit alleges that the virtual placement of Pokémon via GPS coordinates corresponding and/or adjacent to private property constitutes an invasion of one’s enjoyment and use of the land. The full complaint may be read online via the Wall Street Journal. The plaintiff is seeking damages as well as enjoining the defendants from continuing to populate private property with Pikachus and the like—relief that, if granted, would effectively put an end to all the Pokémon fun. 

ADA Anniversary - Focus on Adaptive Tech

Twenty-six years ago, the Americans with Disabilities Act (ADA) was written into law. With the passage of this historic legislation, our nation declared its commitment to equal opportunity for those with physical and cognitive disabilities. The ADA has played a critical role in reducing barriers to access, including technological barriers online. Proving accommodations for a population that often relies  heavily on technology to access and engage with information is an important yet sometimes overlooked provision of the law. Developing websites and mobile applications for those who require adaptive technology is critical, not only for commercial, academic, and government sectors, but for the modern law practice as well.

Designing ADA-complaint websites is an important way of accommodating those who access online content through non-traditional means. Building  your website with accessibility principles in mind ensures that all visitors to your site, including potential clients, can interact with the information you provide.  Developing a web design strategy that incorporates multiple options for conveying information (via text, images, audio/video, and color) is key. Visual elements should be captioned, buttons should be large, and menus should be easy to access. And these are just a few of the design features to consider. Others are described at the links below:

Law Technology Today: Is Your Law Firm’s Website Accessible?

Accessible Web Deisgn: SEO and Accessibility

W3C Web Content Accessibility Guidelines

W3C Web Accessibility Perspectives (videos)

WebAIM Principles of Accessible Design

Using the best practices described at the sites above, your website can be user-friendly not only for your traditional clients, but also for those who access content in less traditional ways, using text readers, keyboard navigation, joysticks, trackballs, touchscreens, and other assistive devices. As an added benefit, accessible design also improves search engine optimization (SEO), raising the discoverability of your website and the usability of its content. These are all worthwhile goals, but they also ensure your compliance with ADA requirements. Thanks to the American’s with Disabilities Act, equal access is the law, and during the 26 years since its passage, the ADA has evolved to embrace the continually changing needs of information consumers -- regardless of ability -- in the digital age. 

Using Google's Verbatim Search to Customize and Refine Your Search Queries

Last week’s Tech Tip presented strategies for structuring more effective Google search queries. This week, we revisit Google to focus on another useful feature, a small but powerful tool for clarifying and refining your searches.

The feature, known as Verbatim Search, allows you to more precisely customize your search queries and override Google’s “Did you mean” feature. Here’s how it works: Suppose you’re conducting research on the trademark for a cleverly-named product line, a variety of tea-related beverages with names such as HonesTea, RealiTea, IngenuiTea. When you search for HonestTea, for example, Google asks, “Did you mean Honest Tea?” and restructures your search query as two separate words. This assumption can cause frustration, but, more importantly, it yields inaccurate search results.

Fortunately, this problem is easily corrected. By using the Verbatim Search feature, you can override Google’s default settings. Simply go to the Google search page. Under the Google search box, click on Search Tools. Then, click on All Results to expand the drop-down menu, revealing the Verbatim Search feature. Select this option. Google will repeat the search, giving you a more precise set of search results that accurately capture the intended meaning of your search terms.

As another example (pictured above), try searching the terms parole evidence in the default Google search box. Automatically, Google reinterprets your terms as parol evidence. By selecting Verbatim Search, your search terms will be rendered exactly as they appear in the search box, giving you the results for parole evidence that you actually seek. With Verbatim Search, you have the power to control your search. You may even feel that you’re outsmarting Google!