Google, Privacy, and You

Attribution: https://pixabay.com/illustrations/logo-google-color-2650941/

The subject of a recent opinion piece in the New York Times discusses the “privacy paradox,” a sort of cognitive dissonance that compels us to share information about ourselves on every available platform while simultaneously cursing the technology that makes our compulsive sharing habits so addictive. That paradox can have wide-ranging implications for the legal community, which now has an ethical obligation to “remain competent in the practice of law, including the benefits and risks associated with relevant technology.” The ubiquity of Google makes it necessary for lawyers to understand the impact it can have on the clients being served. For example, when Google periodically pings your device to track your location even when your device-location feature is turned off , it might implicate jurisdictionally-specific privacy rights or contract law, as a recent investigation by the attorney general of Arizona suggests.

Mapping a device’s location is only one tracking method commonly employed by prominent tech companies. Google tracks you in all sorts of ways through apps, it’s Chrome browser, and more. The information is used to facilitate marketing efforts, including sales to third-party marketing firms, and to integrate your online experience. A recent New York Times op-ed by Google’s CEO provides the company’s view on protecting data privacy while using the data collected to create a more customized economy. At its annual developer conference just weeks ago, Google reinforced its commitment to privacy with the launch of two new efforts — better cookie controls and guards against fingerprinting. Additional trust-building measures are likely in the works (including security features in the redesign of Gmail), especially as increasing numbers of users defect from Google to alternative browsers like Brave and Vivaldi.

The takeaway for legal professionals: Follow news about Google and keep reminding clients who find themselves in a privacy paradox about how information is used in the information economy.

UELMA? Why, Yes, We Do!

On May 25, 2019, Governor Greg Abbott signed HB 402 into law, making Texas the 22nd state to adopt the Uniform Electronic Legal Material Act or UELMA. The record of this hard-won achievement is forever documented in the House Journal as seen here.

The Uniform Electronic Legal Material Act or UELMA has been adopted in Texas! On Friday, May 25, 2019, Governor Greg Abbott signed HB 402 into law, adding Texas to the list of 21 other states that have officially committed to the preservation and authentication of public legal information. Further, by adopting UELMA, Texas has made clear its intention to provide trustworthy, reliable access to online legal content that is permanently available in unaltered form and offered to the public free of charge whenever possible.

Navigating the legislative process over several Congressional sessions to finally secure the necessary votes and the signature of Gov. Abbott was long and difficult, and Texans, especially those who championed UELMA throughout this process, deserve a chance to celebrate. Passage of UELMA in Texas would not have been possible without the determination and perseverance of government relations advocates, especially the indefatigable Barbara Bintliff, Director of the Tarlton Law Library at the University of Texas at Austin School of Law, who began her UELMA journey nearly 10 years ago when the Authentication and Preservation of State Electronic Legal Materials Act, as it was originally called, was drafted at the National Conference of Commissioners on Uniform State Laws.

There are many next steps to work out in the implementation of UELMA in Texas — the law does not take effect until September 1, 2019 — but once fully realized, this legislation will introduce changes to the ways we all access legal information, the ease with which we find that information, and the confidence we have in knowing that the information is official, reliable, and authentic. This is definitely a win for the people of Texas and for those who champion open and equal access to justice for all.

2019 UNT Open Access Symposium: Is Open Access an Answer for Access to Justice?

This year’s topic for the University of North Texas Open Access Symposium was Is Open Access an Answer for Access to Justice?  Held this past weekend at the UNT Dallas College of Law, the symposium drew speakers and attendees from a variety of backgrounds including academia, legal aid, law librarianship, and the judiciary. Joe Lawson, Deputy Director, and Heather Holmes, Assistant Law Librarian at the Harris County Law Library, were fortunate to be in attendance and also to appear as speakers on a panel called Engaging the Public.

For their contribution, Joe and Heather presented a program called Minding the Gaps, an exploration of the barriers to access that self represented litigants, especially those of low and modest means, encounter when interacting with the justice system. Joe and Heather also discussed the important role that trusted intermediaries, such as legal aid attorneys and public librarians, play in mitigating the impact of barriers to justice. Citing the work of others in the field who have written on the limitations of techno-optimism and over-reliance on digital resources, Joe and Heather presented a model for providing access — supplemented by support and guidance from trusted information professionals — to reliable, authoritative sources of legal information that pro se litigants can use to effectively engage with the courts and achieve just outcomes for their civil legal needs.

Concluding the two-day symposium was an interactive workshop called A2J By Design: Prototyping Innovative Legal Solutions with Open Legal Information. The workshop was conducted by Kelli Raker and Casandra Laskowski, librarians at Duke University School of Law. For the activity, two teams used design thinking principles to devise creative solutions for providing access to justice. Pictured here, Joe Lawson and his teammate, Jason Sowards, Law Librarian at the Nevada Supreme Court Law Library, explain their team’s project idea, an interactive kiosk for legal aid services at senior centers.

Legal Tech and the Justice Gap -- A Few Haiku for Poetry Month

Today is the last day of National Poetry Month. We’ve been celebrating all month long with an exhibit called Poetry of the Bench and Bar. Today, we conclude the celebration with a few haiku — variations on a theme of bridging the justice gap. Enjoy!

Get Courts-Compliant with the Legal Tech Institute

With the recent election of 59 new judges in Harris County (civil, criminal, family, probate, and juvenile courts combined), notable changes in court policies and procedures have taken shape. As one would expect, each of the recently elected judges in Harris County has implemented specific rules for conducting business in his or her particular court. As a guide to understanding and meeting their new requirements, some judges have provided updated links to forms online; others have posted checklists of required documents; and several others are providing supplementary links specifically for self-represented litigants, including to the Harris County Law Library’s community resource guide, the Pro Se Litigants Handbook. The Harris County Law Library has been keeping abreast of and adapting to these changes in order to best serve our public patrons. We are also, as always, paying attention to any changes at the state level.

In late February, just shortly after the new Harris County judges were sworn in, statewide change was indeed taking place. Namely, the Supreme Court of Texas issued an order amending Paragraph 8 of the comment to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct, which now says that Texas lawyers must be aware of the benefits and risks of using technology in the practice of law. By adopting this standard, Texas joined 35 other states who agree that technologically proficient lawyers provide better, more efficient client representation.

Certain local court rules also require specific procedures that rely on technology. For instance, Judge Janice Berg, who presides over the 247th Family Court in Harris County, has included the following in her Court Policies and Procedures:

At final trial on divorce matters, parties must bring their proposed property division to trial in Excel or Google Sheets format on a USB drive.

Complying with the ethical standard and local rules may require both access and training on specific hardware and software. If it seems daunting, the Harris County Law Library is here to help! Our 25 public access computers have the software you need (including Excel) to draft and assemble all your legal documents. And, our Hands-on Legal Tech Training courses, which we offer, on rotation, every Thursday at 2pm, will give you the knowledge and skills (and one free hour of CLE credit for Texas attorneys) to use that software and easily meet the requirements of the courts. In January, we introduced five new classes, including a popular new offering, Microsoft Excel for Legal Work. It will be presented again soon on May 16. Don’t miss it!

For a detailed description of all our weekly classes, see the 2019 Legal Tech Institute Course Catalog. Classes always begin with a Getting Started portion. They gradually increase in difficulty until we Level Up. We then Go Pro, giving you an opportunity to build proficiency as the course progresses. We attempt to address every skill level in an effort to meet the needs of all attendees, and we’re always happy to answer any questions you may have about using tech tools and resources to strengthen your legal practice.