COVID-19 Update

The Harris County Law Library would like to keep our followers up-to-date with changes that some of our community resource partners have made to their services in light of COVID-19 and to provide our readers with some new developments.

Houston Volunteer Lawyers (HVL)

The staff at HVL are currently working remotely to continue to provide services to the public. Although they are no longer accepting in-person visitors, their commitment to the public continues with virtual pro se assistance and clinics. Please see HVL’s website for more information regarding these programs.

Harris County District Clerk

Effective March 18, 2020, the Harris County District Clerk’s Office suspended in-person services. Most services can be accessed directly through the office’s website, including sending payments, accessing and purchasing records, and more. The public is still able to call and email the office as well. Note that pro se litigants will be able to use the 24-hour filing drop box at the top of the stairs at 201 Caroline to the left of the building or mail in their filings. Please see the Harris County District Clerk’s website for the latest COVID-19 updates and court information.

TexasLawHelp.org

TexasLawHelp, one of our primary go-to sites for legal information and forms, has created a webpage to provide the public with links to news and information about the coronavirus (COVID-19). There, users will find:

• links to major agencies and websites with the latest health information;

• city and county-specific resources;

• information about court closures, postponements, and updated procedures due to COVID-19;

• information about legal rights;

• information regarding free school meals during COVID-19 closure;

• resources for uninsured Texans needing help with COVID-19 testing or treatment; and,

• information about the coronavirus and child visitation.

State Bar of Texas

The State Bar of Texas has posted its response to the coronavirus pandemic. Its website has some useful information and links regarding court closures. It also has the latest guidance on court procedure, including any emergency orders issued by the Texas Supreme Court and Court of Criminal Appeals, including the March 17 order that clarified possession schedules in Suits Affecting the Parent-Child Relationship. There is also a link to the website of the Office of Court Administration for updated guidance on court procedures. For attorneys, there are links to free lawyer resources and webinars, and for the public, there are links to free legal resources.

 Harris County Attorney

Did you know that the Harris County Attorney has the authority to file civil lawsuits to stop price gouging? County residents who feel that they have been charged an exorbitant price for necessities, such as food, fuel, or medicine, and who have been unable to resolve the issue with the provider of those goods and services can contact the office of the Harris County Attorney for assistance at ConsumerHelp@cao.hctx.net.

Ready Harris

Ready Harris, a website designed to help the community stay informed and be prepared should a disaster or emergency strike, provides information on how to prepare for a disaster, provides access to real-time alerts, and connects users with tools to aid in planning, recovering, and staying safe. Aside from providing the latest information about coronavirus and any requirements, the website includes a list of Harris County services, facilities,and meetings that are closed or have restricted access.

It's Access to Legal Information Week!

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Harris County Commissioners Court recognized July 14-20 as “Access to Legal Information Week” with a July 9 resolution to encourage all to visit the Harris County Law Library to learn about the valuable resources and services available. Harris County Attorney Vince Ryan and the Law Library are celebrating “Access to Legal Information Week” with a week’s worth of event to raise awareness about legal research resources available to all at our downtown Houston location. Stop by the Law Library Reference Desk Monday through Friday, 8:00 am to 7:00 pm to request a tour and learn about legal information resources available to the people of Harris County. Access to Legal Information Week events will include the following:

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Sunday, July 14

Our law librarians kicked off the week in Washington, D.C. at the 112th Annual Conference of the American Association of Law Libraries to receive the inaugural Excellence in Community Engagement Award for our Harvey Recovery Resources webpage.

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Monday, July 15

The Law Library will begin offering tours for patrons at 8 a.m. Stop by all week to learn about the resources and services available for legal researchers and self-represented litigants. Plan your visit with driving directions and parking information on our Contact Us page.

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Tuesday, July 16

Our law librarians will be recognized at the AALL Annual Meeting with the Joseph L. Andrews Legal Literature Award for our work on the Pro Se Litigant Handbook and Manual para Litigantes Pro Se, which connect Harris County’s self-represented litigants with current, accurate information about a wealth of local legal aid resources. Stop by the Law Library to pick up a copy or visit our Self-Help page to access the digital version.

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Wednesday, July 17

Join us Wednesday starting at 8 a.m. to receive a copy of our limited edition Digital Destination Passport. The Law Library has greatly expanded the digital resources available to all legal researchers in Harris County. The Passport takes patrons on a journey through eight new resources available for free at the Law Library and provides an opportunity for public and attorney patrons to learn about all the information available at your fingertips within steps of the courthouses at our downtown Houston location. Visit our Digital Destinations Passport page to learn more.

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Thursday, July 18

Join us for a Hands-On Legal Tech Training on Thursday at 2 p.m. to learn how to Find & Format Legal Forms using the free databases available at the Harris County Law Library. Each Thursday, our law librarians offers classes accredited by the State Bar of Texas to all of our patrons for free to increase access to legal resources through our Legal Tech Institute. Visit our Legal Tech Institute Course Calendar to sign up for a free session today!

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Friday, July 19

Deputy Director Joe Lawson will visit the 1910 Courthouse to lead an advanced legal research class for interns of the 1st and 14th Texas Courts of Appeals. Each summer interns from the Courts and Harris County Attorney’s Office have the opportunity to sharpen their legal research skills with training sessions from the Harris County Law Library to ensure our newest legal professionals have access to the legal information they need to move our justice system forward in their careers.

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Saturday, July 20

The Harris County Law Library is closed on Saturdays, but that doesn’t mean access to legal information stops. Visit our Legal Tech Institute On-Demand Learning page to find videos about legal tech topics and access to legal information. Several videos are accredited by the State Bar of Texas and there is something for everyone.

Access to Legal Information Week: July 14-20, 2019

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Today, Harris County Commissioners Court passed a Resolution recognizing July 14-20, 2019, as Access to Legal Information Week in Harris County in honor of the exemplary service to the public offered at the Harris County Law Library and the many awards recognizing the Law Library from the American Association of Law Libraries.

We would like to thank Harris County Judge Lina Hidalgo for placing the item on the Court’s agenda, the County Judge and Commissioners for supporting the resolution, and Harris County Attorney Vince Ryan and Judge Daryl Moore of the 333rd Civil District Court for their kind words shared on behalf of the Law Library at today’s Court session.

Learn more about the Resolution and Access to Legal Information Week with this press release from the Office of Vince Ryan, Harris County Attorney.

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Precinct 3 Commissioner Steve Radack, Precinct 4 Commissioner R. Jack Cagle, County Attorney Vince Ryan, County Law Library Deputy Director Joe Lawson, County Law Library Director Mariann Sears, 333rd Civil District Court Judge Daryl Moore, Precinct 2 Commissioner Adrian Garcia, County Judge Lina Hidalgo, and Precinct 1 Commissioner Rodney Ellis recognized July 14-20, 2019 as "Access to Legal Information Week" during Commissioners Court, July 9.

Texas Supreme Court Requires Attorneys To Know Legal Tech

On February 26, 2019, the Texas Supreme Court took an important step in the advancement of legal ethics in Texas by amending Paragraph 8 of the comment to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct. The rule, which addresses the duty of all Texas attorneys to be competent and conscientious in providing effective legal representation, now requires that practitioners also be aware of “the benefits and risks associated with relevant technology.”

By adopting this amendment, Texas has joined 35 other states who also require a duty of technology competence for lawyers. The significance of this new development cannot be overstated. By order of the Texas Supreme Court, attorneys must become aware of, if not proficient in, using technology to best serve their clients.

If you are a Texas lawyer who needs to brush up on your tech skills and learn more about recent developments in legal tech, the Harris County Law Library can help! Our Legal Tech Institute offers a variety of learning opportunities including our popular Hands-on Legal Tech Training courses every Thursday afternoon at 2:00 pm in the Law Library’s Legal Tech Lab. We also provide access to free online CLE courses via our On-Demand Learning Opportunities page.

To find out more about what the Harris County Law Library offers through our Legal Tech Institute, visit the LTI page on our website. With so many free learning opportunities at your disposal, it will be easy (and fun!) to comply with the new Texas Supreme Court requirement.

Torn from the Headlines -- How Tech is Changing Law

In recent weeks, stories about tech in the practice of law have been filling our news feeds. Our last Tech Tuesday blog post focused on high profile failures and flubs. Today's stories reveal more productive uses of technology while demonstrating how the everyday online communication tools we now use are transforming the practice of law. 

Lawyers are employing technology in novel ways to serve process and consult with colleagues. As described below, the authorities that govern these developments -- legislation, court rules, case law, and ethics opinions -- are (slowly) evolving as well.  Twitter and Facebook are at center stage in these new approaches, as is digital communication itself. From the social media tools we use to the new literacy we've developed (e.g., abbreviations, emoticons, emoji, Bitmoji, stickers, memes, and more), tech is changing the law. 

DNC Serves Subpoena on Wikileaks via Twitter

Earlier this month, a law firm representing the Democratic National Convention used Twitter to serve legal documents on WikiLeaks, an international nonprofit organization that facilitates the release of classified information, obtained from anonymous sources, via its website. Aside from the high profile parties to the case and the controversial claims it makes, the newsworthy aspect of this story, particularly for those in the legal field, is that the subpoena was served with a tweet.  According to the Federal Rules of Civil Procedure, a court may serve an individual in another country through a number of channels, and although service by social media is not addressed specifically, Rule 4(f)(3) does allow for service "by other means not prohibited by international agreement, as the court orders." The Texas Rules of Civil Procedure include a similar provision. Rule 106(b)(2) states that a court may authorize service "in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit."

This may be a first for Twitter, but Facebook has been used a number of times to legally notify a hard-to-locate party. In a 2015 New York divorce case, a woman was permitted to serve her estranged husband through Facebook. A New Jersey court relied on that decision to allow the same method of legal notice in a similar case later that year.

Routine use of social media as an alternative method of service is still a topic of debate, but plenty of digital ink has been spilled discussing its benefits and risks. In 2013, a bill was introduced in the Texas legislature to allow substituted service through social media websites, but the bill was never referred to a committee, and the topic hasn't been addressed since. 

Texas Lawyers May Seek Input from Colleagues via Facebook

Just weeks ago, the State Bar of Texas Professional Ethics Committee considered this question: Can lawyers use social media to seek advice from other attorneys without violating the Texas Disciplinary Rules of Professional Conduct? According to the Committee, the answer is a qualified Yes. Attorneys may consult with their lawyer colleagues and seek their professional advice regarding client-related issues in online forums if and only if they honor their duty of confidentiality and respect the attorney-client privilege. The best source for further exploration of this topic is, of course, the opinion itself along with this report from the Texas Lawyer which provides an excellent overview of the State Bar's newly sanctioned activity.

Federal Court Uses Poop Emoji in a Published Opinion

The Seventh Circuit Court of Appeals recently published an opinion that included the poop emoji. There's almost nothing worthwhile to say about its appearance in this opinion except to recognize it as a historic first. To be fair, the poop emoji appeared as part of a quote from a message shared via Facebook. It was submitted as evidence in an employment discrimination case that ultimately hinged on the content of the quoted message. As it turns out, the use of emoji in employment suits has been discussed before. Legal scholars have also weighed in about emoji and the law and emoji as evidence, topics which are explored in the articles linked below. 

• Emoji as Language and Their Place Outside American Copyright Law (NYU Journal of Property & Entertainment Law)
• The Emoji Factor: Humanizing the Emerging Law of Digital Speech (Tennessee Law Review)
• Your Clients Use of Emoji: It Matters (Ingham County Bar Association BRIEFS)