NCSC Tiny Chats: Practical Advice for Ensuring A2J During COVID-19

The National Center for State Courts just launched a new series of videos called Tiny Chats, distilled conversations on access to justice topics. These short recordings present information for those working in courts or legal aid organizations or in any other capacity that involves serving people who need accurate, reliable, and up-to-date information about court proceedings during the pandemic. The videos are 10-15 minutes in length, perfect to stream while “walking the dog or taking a break between conference calls.” Tiny Chats are “more digestible than a long webinar and a little bit lighter in tone while staying grounded in practical advice.”

The first presentation is an introduction to what future Tiny Chats will cover and why. NCSC recognizes that the digital divide is real, and that many people during this uncertain time are experiencing financial distress. Given these considerations, they acknowledge that access to justice for these vulnerable populations is even more critical. Providing access to good information is a must. NCSC is tracking what various jurisdictions are doing to spread clear, consistent, timely, and accessible information while courts are not in operation. The information they gather is being used to advise different jurisdictions about the best ways to convey how they are responding to and accommodating the needs of people with legal matters before the courts.  

While the first video introduces the series, the second video presents best practices for clearly communicating messages from the courts. The presenters, Danielle Hirsch and Zach Zarnow, recommend the following·        

  • Ensure that messages are clear and simple, that terms, such as “essential court services,” are well-defined, and that the mechanisms of hearing a case are well-explained.

  • Be consistent in conveying the same message across all platforms, including websites and social media, and do so in a timely manner. Keeping information current instills public confidence in the courts and gives people what they need to know at the point of need.

  • Provide high-quality FAQs and an effective mechanism for gathering feedback, and make sure that information is accessible to those with limited English proficiency or the need for ADA accommodations.

To sign up to be notified of future Tiny Chats, register here: bit.ly/06457

To see all Tiny Chats in one place visit: bit.ly/NCSCTinyChats

Upcoming topics for future Tiny Chats will include Remote Hearings & Services, Clear Communication, ODR 101, Stakeholder Engagement, ODR Vendor Selection, and more.

In addition to the Tiny Chats, NCSC also offers free 30 minute brainstorming and problem solving sessions (The Doctor Is In) allowing those who work in courts to consult about issues related to a Tiny Chat topic. 

To schedule a Doctor Is In session: bit.ly/DRTINYCHAT

Free Access to Lexis (and more!) to Help You #StayHomeWorkSafe

As we all #StayHomeWorkSafe here in Harris County through April 30, access to legal research databases that are typically available at the Law Library may be hard to find. That’s why our law librarians are constantly working with our vendors to make more information available to you remotely during this difficult time. While you’re doing all you can to help stop the spread of COVID-19, we’re still here to help… virtually, of course.

Free Access to Lexis Advance

Access to professional legal resources, like LexisNexis, is essential for legal researchers. Tools like citators, headnotes, and annotations that help researchers determine if a case or statute is still “good law” are copyrighted and only available through expensive database subscriptions (learn more with our on-demand video training Blending Your Legal Research). That’s why free access to Lexis Advance is such a big deal and why we’re very pleased to announce that Harris County Law Library patrons can now sign up for a free 30-day account. Visit the registration page to sign up for your free account now.

Document Delivery from the Law Library’s Legal Research Databases

Even with free access to standard tools from Lexis at your disposal, not every copyrighted practice guide, form book, and treatise is available to you. Under normal circumstances, everyone has access to robust subscriptions from Lexis eBooks, Westlaw, Lexis Advance, HeinOnline, State Bar of Texas Practice Manuals, and more within steps of the courthouse on the Law Library’s research computers. To help maintain access while we’re all working remotely, our law librarians can make many of these materials available to you via email through our Virtual Reference Desk. If you need a document, let us know and one of our law librarians will provide it to you via email (subject to limitations set by the vendor) as soon as possible.

Additional Options to Stay Connected

More free access to legal research databases to keep you working while we #FlattenTheCurve:

Blending Your Research Resources

Learn more about incorporating free online resources into your legal research routine with the Law Library’s one-hour, on-demand CLE video titled “Blending Your Legal Research” Stream it now on our Legal Tech Institute Learn On-Demand page.

You're Out!

Even though the coronavirus has silenced the crack of the bats, the United States District Court for the Southern District of New York has hit one out of the park in favor of Major League Baseball (MLB) and our hometown Houston Astros. In an opinion issued on April 3, 2020, Judge Jed S. Rakoff dismissed with prejudice a class action suit brought by five fantasy sports players against MLB, MLB Advanced Media, L.P., Houston Astros, LLC, and Boston Red Sox Baseball Club, LP.

As you may recall, in January of this year, MLB Commissioner Rob Manfred suspended for one year Houston Astros General Manager Jeff Luhnow and Manager A.J. Hinch for their roles in the sign-stealing scandal during the 2017 World Series-winning season and extending into 2018, and the Astros organization was fined $5 million and forced to give up first- and second-round picks in 2020 and 2021. The Boston Red Sox had been implicated previously in a similar scandal. As a result of these scandals, plaintiffs filed suit, alleging that they were harmed by defendants’ representations and conduct with respect to the sign-stealing scandal. They asserted claims based on fraud, negligence, unjust enrichment, and under consumer protection laws, all arising from plaintiffs’ contracts with DraftKings, Inc., a fantasy sports contest and sports betting provider. Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). The court granted the motion to dismiss. The court made these specific findings:

  • plaintiffs failed to allege statements made by the commissioner indicating a commitment to protect fantasy baseball from any rules violations occurring in the sport;

  • although plaintiffs alleged at least one plausibly false statement made by each of the defendants, such statements could not support fraud claims because plaintiffs could not show that they reasonably relied on those representations when choosing to enter the fantasy baseball contests;

  • plaintiffs did not identify any duty on behalf of defendants to disclose the existence of a sign-stealing plot;

  • plaintiffs’ negligence claim also falls short in that they failed to allege the existence of any duty owed to them by defendants or any reasonable reliance on any affirmative representations made by defendants;

  • plaintiffs failed to allege their consumer protection law claims with the required specificity and could not demonstrate that but for defendants’ deceptive acts, plaintiffs would not have entered the fantasy baseball contests nor was there evidence of a substantial business relationship among the parties and no allegations that defendants made any misrepresentations about fantasy baseball itself; and

  • there was no showing that defendants were enriched at plaintiffs’ expense.

Although our hometown hero Astros were able to eke out a no-hitter in the federal lawsuit, they nevertheless need to bring in their closer: still pending is a lawsuit filed in the Harris County District Court by a season ticket holder, alleging negligence, breach of contract, and violations of the Texas Deceptive Trade Practices Act.

Image released into public domain

No matter what you may think of our Houston Astros after the scandal, they were “Houston Strong” at a time when the city needed them most. So, today, in this time of silent bats and stadiums, let’s forget the sign-stealing scandals, the steroid abuse, and the owners’ collusion scheme in the 1980s, and remember the things we love most about the game: dollar hot dogs, that ceremonial first pitch, the team mascots (Orbit, anyone?), and of course, the camaraderie shared at being in the stands with thousands of other fans rooting for your hometown team. Play ball!











Staying Socially Connected While You Shelter

During this uncertain and stressful time when we’re all feeling a bit socially isolated, it’s important to connect with others in whatever ways we can manage. The Wall Street Journal published an article last fall called The Surprising Boost You Get from Strangers. In it, the writer talks about connecting with a stranger on a long and turbulent flight. She goes on to say that, despite our reluctance to engage with people we don’t know, the benefits of doing so are immeasurable. Chatting with your barista at Starbucks or your Lyft driver on the way to the airport may not lead to a lifelong friendship, but the few minutes spent in idle conversation with an unknown person is proven to enrich one’s day and one’s well-being.

The WSJ article caught the attention of the Harris County Law Library staff for a simple reason – we interact with hundreds of strangers every week, or we used to, prior to the stay-at-home protocol. We’re doing our very best to continue providing the same quality of service to those in need of legal reference assistance. Our access to some resources is, of course, limited, but we are still able to accept and reply to email requests, using many of the same databases and online forms available at the Law Library. If you have a reference question or need documents that we can access remotely, we are happy to help. Refer to our Virtual Reference Desk for details about how to submit your questions, and we’ll reply promptly, Monday through Friday, 8:00 am-5:00 pm.

For the time being, we’re unable to provide face-to-face reference service and experience the mutual benefits of interpersonal engagement, but we are just as committed to serving the residents of Harris County. We take our commitment to serve very seriously and feel proud to be recognized as “second responders,” stepping up to meet the ongoing needs of our community: self-represented litigants, members of the Bar, local courts, and the general public.

If we’re unable to provide the information or resources you need, we may refer you to our community partners, the Houston Volunteer Lawyers, who are still providing legal assistance by telephone or the State Bar of Texas, which has compiled a list of resources for “for low-income individuals grappling with civil legal problems as a result of the coronavirus pandemic.” We may also suggest the Texas State Law Library, whose outstanding e-book collection and digital library are freely accessible to any Texas resident. Finally, we may suggest submitting your questions to TexasLegalAnswers.com, a service of the American Bar Association.

Until we all return to our regular workplaces and routines and can experience the power of loose connections once again, it’s important to continue practicing social distancing. Physical proximity may be limited, but reaching out by email, video conference, and phone is not only possible but recommended. The Internet is becoming a nice place to spend time as well.  If it’s social connection you crave, try QuarantineChat, a phone service that connects random people all over the world (in the language of your preference) to exchange thoughts and feelings about life during a pandemic. Sharing experiences with a stranger may be just what we all need.