Wednesday, April 9, 2014

The Law, Scams, and why we will do stuff the old way.

Technology has enormously impacted the practice of law. But in an enterprise in which concerns for precedence and stare decisis are major concerns, it's sometimes the case that the institution baffles the public, and even lawyers, by its reluctance to more rapidly fully adopt changing technology. 

I've heard questions raised, for example as to why the law hasn't more rapidly adopted the internet for service of documents.  I think those of us who practice law right now are probably all getting an introduction in that.

Right now, some spammers, seeking to achieve what end I do not know, have launched a campaign in which they send out what appear to be summons of various types by email.  These appear to be jury summons, or court summons, or sometimes summons related to court cases great and small. All bogus.

No court sends anything like this out by email.  Process is still done mostly the old fashioned way, by hand through a process server of one kind or another.  Service by mail exists under the rules for some things, but that's specifically by a certain process. Likewise there is service by publication.  And once cases are commenced, service is now done electronically in Federal Courts, and in some state courts, via a court controlled system. Some courts now allow, in civil cases, service from one lawyer to another by email, but that's a different matter entirely than service of process via a cold email.

In no instance of which I'm aware does any court presume it knows your email address and email you a summons.

Here the wisdom of retaining the old ways are shown.  People abandon email addresses like yesterday's news.  Nothing could be more calculated not to work, than service by email. 

No doubt this scan, whatever it is aimed at, must work for something.  All the sadder in that case.

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