Technophiles Are We!
S&R Has Implemented New Web Technology to Assist in Document Collaboration.

As most of our clients and opposing counsel are aware, S&R has always been at the forefront of technology. We believe that using state of the art systems enables us to provide superior client service, and the feedback we receive from clients tells us just that.

Last year we told you about the implementation of our “paperless office” using scanning technology to create digital images of each document that came into our office. Imaging of documents has made us more efficient, and enabled us to work better with our clients and opposing counsel in exchanging documentation promptly. It has also saved time for our staff in that we no longer need to comb through hundreds of documents to find something; everything is right there on our corporate intranet!

Despite our relatively small size, we are way ahead of most large law firms when it comes to the use of technology and we are committed to staying at the forefront. We’ve now expanded our technological savvy by implementing the use of a Microsoft SharePoint® server.

SharePoint® is an application installed on our web site that enables us to collaborate with clients, lawyers, and experts in regard to the preparation of documents. It also enables our own staff to collaborate in the preparation of documentation and in case tracking.

The way it works is relatively simple. We have a secure area set up on our website, and we can assign portions of that area to various cases. The area is only accessible by a username and password, and is completely confidential. We control who has access to insure that all of the data in that area remains secure. Then, as documents are generated, either in final or draft form, they are loaded onto the site. Each user assigned to that area is automatically notified by the system. Everyone involved with a particular project can open the document simultaneously, allowing each person to comment or make changes. All of the other users can see the modified document and everyone has the most current version. This saves time for everyone, and obviates the need to email, fax, or mail documents to interested parties.
In one recent case, six (6) different law firms were collaborating on a series of documents in order to finalize the terms of a complex divorce settlement agreement, which involved multiple entities. We posted the documents to the secure website and gave the lawyers involved access. Documents were created, revised and finalized in a fraction of the time, with no need to scan items, redline them or retype them.

In another case, we were working with co-counsel in New York to draft documents for a proceeding taking place there for our client who lives in Los Angeles. Not only did SharePoint® technology enable us to collaborate on documents being filed with the court, but it also enabled us to share critical parts of the client’s file by posting documents we had imaged to the site, making them accessible to our New York co-counsel immediately in a clear format, and without the need to fax, email or overnight copies of the documents.

This technology also assists us in the preparation of court documents where we need client input. Family Law is an area where client testimony is routinely submitted to the court in written declaration format. Our clients can open the documents we prepare on the web and make their own suggested revisions or directly add information to a document. Not only does this shorten the time for preparation of a document, it saves our clients fees because they do not have to spend time relaying the information to us by phone or fax; they can input it directly and we can edit it!

We pride ourselves on our level of innovation and hope that our clients are pleased with it as well. Look for more advances in this area over time.

Limitations on Drug Testing in Custody Cases

Hair Follicle Testing is Prohibited in a Custody Dispute, According to the Most Recent Decision on this Topic.

It is a sad fact of life that drug usage is commonplace in today’s society, and that drug usage can affect one’s ability to parent a child. Because of that, courts have been able to order parties to undergo drug testing in cases where there is evidence of habitual drug usage.

The most common form of testing used at present is urine testing. However, as anyone who reads the newspaper is aware, urine testing is not always reliable. Just go on the Internet and you will find all sorts of products intended to assist someone in tainting a urine specimen to avoid detection of controlled substances. Moreover, urine testing is only accurate within a limited period of time after drugs are ingested. A urine test will not show whether there is a history of drug usage by a party to a proceeding.
In recent years hair follicle testing has become more commonplace in terms of detecting both current drug use and drug abuse history. Hair follicle samples can show drug usage which may have occurred months earlier, where urine samples do not. While there have been changes in the law over the years in terms of when drug testing can be ordered, and what type of testing can be done, hair follicle testing was used by some courts to attempt to determine whether a parent had a drug abuse history.

The most recent legislation on this subject (California Family Code §3041.5) states that authorized methods of drug testing were limited to those methods approved by the U.S. Government in drug testing of federal employees. At present, the Federal Government does not use hair follicle testing for this purpose, notwithstanding the fact that it has been used in various types of legal proceedings around the country.

The Court of Appeal for the Fourth Appellate District has now ruled on this issue in the case of Deborah M. v. Superior Court, Cal. App. Lexis 681 (April 29, 2005). In Deborah M., a San Diego County father requested that the court order his son’s mother to undergo hair follicle testing after the son submitted a declaration stating he had found white powder in his mother’s home, which his mother claimed was being kept for a friend. In the course of child custody mediation, the mother admitted to using drugs two (2) years prior to the court proceedings, which admission was disclosed to the trial court. The trial judge ordered hair follicle testing and the mother appealed.

The Court of Appeal overturned the trial court decision, holding that, until such time as the Federal Government approved the use of hair follicle testing for its employees, family law courts were limited to the use of urine testing in custody cases. In making its decision, the Court of Appeal pointed out that while the Federal Government was considering the use of alternative drug testing methods, including hair follicle testing, it had not yet approved same, and it was the intent of the California Legislature to limit testing to only that approved by the Feds.

 

The Pen is Mightier than the Sword
Fred’s Daily Journal Op-Ed Pieces Continue to Gather Attention

If you have read our newsletter in the past, you are aware that Fred Silberberg is the author of a Family Law op-ed piece on a monthly basis in the statewide legal publication, The Daily Journal. The columns, which at times take rather outlandish views in an effort to provoke thought, continue to be popular with The Daily Journal readers as well as others. In fact, The Daily Journal has now selected Fred as one of its most popular authors, and has asked to use his likeness in advertising materials.

One of Fred’s most recent columns is enclosed with this edition of Family Law Update. Fred’s columns are also found on our website at www.srfamilylaw.com, and are posted there monthly if you would like to keep up with them.