Ethics of Storing and Sharing Information in the Cloud

Fluffy clouds over happy trees.

In yesterday's Tech Tuesday blog post, we looked at news stories about the consequences of not knowing how to use basic technology. Keeping pace with current events, we draw your attention to another example from Paul Manafort's woe. While out on bail and awaiting trial on his federal conspiracy and money-laundering charges, Mr. Manafort was further indicted for obstructing justice and conspiring to do so by influencing the testimony of potential witnesses. He was caught using the encrypted messaging app WhatsApp in order to secretly communicate with people he expected to testify in his case. Unintentionally documenting his deception, he accidentally automatically backed up those WhatsApp communications to his iCloud account, providing an access point for authorities to obtain the messages. The end-to-end encryption capabilities of WhatsApp were rendered pointless when he uploaded an unencrypted copy of the transcript to the cloud.

"The Cloud" refers to shared storage and system resources made commercially available through the magic of the Internet. Essentially, rather than using your own space and materials to store information, either electronically or in physical files, you can store your information using someone else's space and materials. But unlike the old days when your file boxes might be hauled off in a truck to a warehouse where you could request to have them pulled on demand and driven back to your office, information stored in the cloud is available immediately, 24/7, as long you have Internet access and your login credentials. 

This has obvious appeal for lawyers, especially attorneys in small practices, who in the past were forced to dedicate a substantial portion of office space to document retention. Still, the ethical implications of simply passing client materials off to the control of a third part gives pause. As state bar associations weigh in, cloud computing is an increasingly legitimate way to retain attorney work product, but lawyers must know how to vet cloud services and otherwise hold up their end of the bargain.

A great way to learn more, and to earn free Texas Ethics CLE credit from the comfort of your own home, is to watch "The Ethics of Cloud Computing" as part of the Harris County Law Library Legal Tech Institute "Learn on Demand" series. Check it out today!

Latest & Greatest – How to Build and Manage a Family Law Practice

By Mark A. Chinn

Published by the American Bar Association, Section of Family Law, Law Practice Division

KF 300 .C455 2018

Author Mark Chinn, an attorney specializing in family law since 1988, notes in his book, How to Build and Manage a Family Law Practice, that family law is “one of the most unique and challenging specialties in law” because practitioners are required to know more than just the law; they must be litigators, accountants, and psychologists. He doesn’t say this to dissuade lawyers from taking on this specialty but rather to remind them how special and how personal this area of law is. Drawing on his own experience in starting a family law practice, Chinn encourages lawyers who are seeking to specialize in family law to set aside any fears and make the jump. To help those who are willing to take that leap, Chinn offers some practical advice about establishing a family law practice. He guides the reader through the initial tasks of starting out: dealing with the tangible items, i.e. location choice, furniture, equipment; establishing procedures for day-to-day and regular operations and customer service; marketing; and making decisions regarding staffing. He then moves onto the practicalities of maintaining and managing a law practice: fees and billing and managing cases, time, and finances.

When it comes to client relations, Chinn, however, takes a different tack. He discusses how to deal with clients from initial intake through trial preparation and addresses how to interact with them, stressing throughout that in many family law cases, the level of emotion involved increases, thereby making client interactions a bit more challenging and perhaps requiring a bit more counseling on the part of the lawyer. He also devotes a chapter to service and suggests ways for lawyers to become more service-oriented rather than results-oriented. Lastly, Chinn reminds lawyers that to be able to do one’s best, one must be healthy in mind, body, and spirit.

If you are considering a family law practice or even your own legal practice, consult How to Build and Manage a Family Law Practice first for some solid advice.

Legal History of Mexico: From the Era of Exploration of the New World to the Present

By Francisco A. Avalos

Published by William S. Hein & Co., Inc.

KGF 292 .A93 2017

Author Francisco A. Avalos, a retired law librarian and associate professor of legal research, set about compiling a comprehensive research guide for the legal and general history of Mexico in his book, Legal History of Mexico: From the Era of Exploration of the New World to the Present. He traces Mexico’s legal history beginning with the exploration, discovery, and conquest of the New World through the Aztec Empire to the current Mexican legal system with the Colonial Period of New Spain and the Mexican Revolution in between.

During the period of exploration, discovery, and conquest, legal principles were based primarily on papal bulls, proclamations issued by the Pope having legal and moral authority and allowing for the expansion of lands over which the Catholic faith would have domain. Because the actual conquest was a contractual relationship between the Spanish Crown and the explorer, conquistadors were required to follow a legal procedure established by the Crown prior to and during the undertaking of the conquest. When the conquistadors arrived in Mexico, namely Hernan Cortés, they found a civilization that already had a legal system in place. Many of the primary materials concerning the legal system of the Aztec Empire have been lost as are a lot of the details describing it. However, according to Avalos, much of the Aztec law was based on custom and tradition. Religion also played a large role in the legal system devised by the Aztecs, and, in the Aztec judiciary structure, religious courts had jurisdiction over all religious matters. The author examines in detail some substantive areas of Aztec law, including family law, property law, economic law, tax and tribute law, criminal law, treaty law, and the law of war. Other areas of interest discussed by the author is the Aztec social system, which was separated into classes, and the Aztec government, which was divided into two entities with the Emperor sitting at the head.

Avalos also focused on the legal history of New Spain, covering the period from the fall of the Aztec Empire (1522) to the independence of Mexico (1821). This period is characterized by the establishment of the government and judiciary by the Spanish Crown and the enactment of various laws, including the Laws of the Indies, a three-volume compilation divided into nine books and 218 titles. One of the unique laws to come out of this period was the Derecho Indiano, a combination of Castilian law and indigenous law that was meant to be the major source for public and administrative law in New Spain.

The author also discusses the legal systems and laws that arose during important parts of Mexican history, such as the Independence Period (1800-1821), the Reform Period (1857-1861), the Second Mexican Empire (1861-1867), the “Porfiriato” Period (1877-1911), the Mexican Revolution (1910-1920), and present day. He focuses on laws that were enacted during those specific periods and the legal and historical significance surrounding such laws and how the events occurring in those periods affected the laws that were enacted. For instance, the Reform Period, coming on the heels of Mexican independence, is historically significant because its laws formed the basis of the Mexican Constitution of 1857 and the current Mexican Constitution, which is that of 1917. Avalos also examines in detail the provisions of the Constitution of 1917, which was viewed as a document that would ignite and bring about social change.

Throughout history, the legal system of Mexico has undergone numerous changes. Avalos sets out to document these changes, from the legal system and government implemented by the Aztec Empire through its existence as New Spain to its tumultuous existence in the 20th Century. If you want to learn more about Mexico’s complex legal history, have a look at Legal History of Mexico: From the Era of Exploration of the New World to the Present.