ACCESS TO JUSTICE: ONLINE RESOURCES FOR BRIDGING THE JUSTICE GAP

Last fall, the Obama administration established the White House Legal Aid Interagency Roundtable or LAIR, a federal initiative designed to close the justice gap for those in need of legal assistance. Subsequently, the Access To Justice movement has been gaining momentum and garnering the attention of both state and local governments as well as the national media. In addition to this effort, a number of other organizations have taken up the cause for those in need. Among these organizations are the following:

Center for Law and Social Policy (CLASP)

The Justice Index (2016)

LegalAidResearch.org

National Center for Access to Justice

National Equal Justice Library

National Legal Aid and Defender Association

Voices for Civil Justice

White House Legal Aid Interagency Roundtable Toolkit

Latest and Greatest - Expunction and Nondisclosure

By Andrea Westerfeld

Texas District and County Attorneys Association (2016)

KFT 1792.5 .W47 2016

The Harris County Law Library is excited to have received the 2016 edition of Expunction and Nondisclosure published by the Texas District and County Attorneys Association. This new edition incorporates the many changes that the Texas Legislature made to the nondisclosure laws during the 2015 session. As a result of these changes, there are different requirements for offenses prior to September 1, 2015 and those after September 1, 2015. In addition, the author also documents modifications made to the expunction statute owing to expansions made through case law.

Expunction and Nondisclosure guides you through the process of evaluating whether you or your client is entitled to an expunction and if so, the steps to follow when applying for the expunction. With respect to nondisclosures, the author sets forth the requirements to petition the court for an order of nondisclosure for offenses prior to September 1, 2015 and highlights the new laws applicable to offenses after September 1, 2015. In addition, Ms. Westerfeld also provides the nuts and bolts of the nondisclosure application process. Be sure to look at the appendices as they contain the necessary forms for both expunctions and nondisclosures.

Written in understandable language, this book is useful for both attorneys and pro se litigants. If you’re interested in seeing what the changes are, simply come to the library and ask for Expunction and Nondisclosure at the front desk.

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.