Keeping Current with ILTA, the International Legal Technology Association

In 2009, the American Bar Association established the Commission on Ethics 20/20 which was tasked with performing a thorough review of the Model Rules of Professional Conduct. Three years later, the ABA House of Delegates voted to amend the rules, introducing a change to Rule 1.1, Comment 8: To maintain the requisite knowledge and skills of a competent legal practitioner, a lawyer must now keep abreast of changes in technology and maintain an awareness of its associated risks and benefits. Attorneys are called upon to "engage in continuing study and education [with respect to technology] and comply with all continuing legal education requirements to which the lawyer is subject." (Since 2012, this model law has been adopted by 20 states, but Texas is not yet one of them.)

In addition, the ABA and several states have issued ethics opinions related to the use of technology in the practice of law. Social networking, electronic communications, cloud computing, and virtual lawyering have all been addressed, often focusing on the duty of care that attorneys must exercise to maintain confidentiality in the management and exchange of information.  These ethics opinions are nonbinding and only advisory in nature, but increasingly, the decisions are beginning to carry more weight.

To encourage compliance with Model Rule 1.1, Comment 8, the Harris County Law Library recommends membership in ILTA, or the International Legal Technology Association. This network of peers will help you build connections with other legal professionals and keep current with new developments in legal technology. Check out the member benefits here, and stay up-to-date with the local ILTA events taking place in the Houston area. 

Miranda Monday: National Coalition for a Civil Right to Counsel

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

These are the basic rights afforded to all Americans arrested for a criminal act. Once requested, an attorney must be provided before any further questioning can proceed. This is not the case, however, when the legal matter is civil in nature. Neither the Courts nor the Constitution guarantee one's right to legal representation in most matters related to child custody, eviction, probate, divorce, immigration, or any number of other civil or family issues. Organizations like the National Coalition for a Civil Right to Counsel are calling attention to the increasingly dire need for legal representation in civil cases. Everyone will require the services of a lawyer at some time in his or her life, and access to legal counsel should not be impeded by an inability to afford representation. 

Self-Help Clinic @ HCLL

Across the country, only about 20% of individuals who qualify for legal aid services are receiving the services they need. Houston Volunteer Lawyers is trying to bridge that gap here in Harris County, and the Harris County Law Library is happy to host one of HVL's many legal clinics next Friday. The May 20 clinic is intended for self-represented litigants with limited means who are filing for divorce in Harris County. Anyone who wants to attend can register on the HVL website by completing the questionnaire at http://makejusticehappen.org/node/267/self-help-divorce-clinic.

Latest and Greatest - Texas DWI Manual

Picture this: You are comfortably seated in your office with your cup of coffee sorting through your email when the telephone rings. On the other end of the line is a hysterical woman. She has been arrested for DWI. What do you do?

By Deandra M. Grant and Kimberly Griffin Tucker

James Publishing, Inc. (2015)

KFT 1497.8 .G73

For starters, you can visit the Harris County Law Library. It is, after all, Criminal Defense Law Resource Month, and we recently acquired the most recent edition of the Texas DWI Manual published by James Publishing, Inc. This book, complete with forms, will direct you through the initial client interview and the subsequent case investigation and discovery process as well as the administrative driver’s license revocation hearing. In addition, you will learn the elements of a DWI, the various intoxication offenses and their punishment, and the charging instruments used in DWI cases.

Confused by the different field sobriety tests and their admissibility and use at trial? Don’t fret. The authors examine the fundamentals of the DWI breath test and explain how to attack the test and the results on both direct and cross-examination.  In addition, they analyze the methods and strategies involved when using blood alcohol tests as evidence.

Of course, success is not always guaranteed. That is why the authors also discuss punishment options and education and treatment programs as well as error preservation, appeals, and expunctions.

So, before you go ahead and accept that DWI case, be sure to have a look at Texas DWI Manual. It is filled with lots of useful information you will need to competently defend your client. You can find it in our Texas Criminal section or you can ask one of our helpful librarians..

Keeping Current with Podcasts on the Legal Talk Network

As one of the most popular and fastest growing communication platforms on the web, podcasts are an excellent resource for staying up to date with the latest trends in legal technology, especially for busy legal professionals on the go. And few media outlets produce a better selection of programming than the Legal Talk Network.

LTN, an online content provider for legal professionals, is widely recognized as the go-to source for a number of popular and informative broadcasts. Lawyer 2 Lawyer, co-hosted by Bob Ambrogi, a leading voice in all things legal tech, was recognized by the ABA Journal as one of the 5 Most Essential Podcasts for Law Firm Professionals.

The recently-launched Legal Rebels, inspired by the ABA Journal’s annual feature of the same name, already has quite a following. Another popular offering is The Digital Edge, which “provides listeners with tips and tools for career success, as well as cutting-edge technology news.” The hosts, Sharon D. Nelson and Jim Calloway, recently sat down with ABA President-Elect Linda Klein to discuss how technology has and will shape their professional careers. They also recommend good resources for keeping up with changes in legal tech, including the Solo and Small Firm Legal Technology Guide, an annual ABA publication produced by the Law Practice Division and available for purchase on the ABA website. Members receive a discount.

To those who are not yet members, a special offer has been extended, inviting you to join free of charge for one year when you sign up by August 31, 2016. Just visit www.ambar.org/friendsofklein to receive all the generous benefits enjoyed by members of this professional network, including affiliation with one special interest group, such as the Law Practice Division.