Message Sent, Papers Served

Creative innovation in modern civil law

Message sent, papers served

hen Carlos Calderon graduated from Cornell W University Law School in 2012, he never imagined he’d eventually be serving divorce papers and subpoenas via Facebook in the midst of an ongoing pandemic. But challenging times call for creative solutions.

In the years prior to and immediately following his time at Cornell, Calderon worked in government, where he gained exposure to public relations and an appreciation for the nuances, mediums and styles of communication.

He then made his way to South Texas College of Law Houston as a clinical fellow, practicing family law while teaching classes, and he is now celebrating his five-year anniversary with South Texas.

Calderon noticed that most of his students are absorbed by social media, and he relishes introducing them to alternative methods of service, particularly through Facebook. “It sparks a moment of commonality,” he said.

Legal basis for service via Facebook

On Aug. 21, 2020, the Texas Supreme Court approved amendments to Rule 106 of the Texas Rules of Civil Procedure outlining method of service. The new changes allow for electronic service in cases where documentation cannot be delivered physically through personal service or via mail. This means in Texas,

serving divorce papers or subpoenas via email, social media or other technology is an acceptable method of service.

“Most people seeking to duck papers being served don’t know they can be served via Facebook,” Calderon said. “But even people who don’t have a mailing address usually have a social media account.”

Changing times, changing methods

Service over Facebook correlates with a rise in Zoom court that was seen across the country as the justice system adjusted to the new realities of COVID-19. But you won’t hear Carlos Calderon complaining.These innovations have increased the efficiency with which he can do his job.

“You have to account for your time as an attorney, so the more efficient you are, the better,” he said. “Time-wise you could hypothetically serve more clients in a day through electronic delivery because no physical travel is required to serve papers.”

To meet the threshold for recognized, certified service, the only requirement is to prove that the social media profile belongs to the person in question. They don’t have to receive or open the message. As Calderon said, “They don’t even have to open the metaphorical door.”

Embracing innovation

Calderon is a strong proponent of electronic service. He believes it is more effective than the common method of delivery without an address, which is to place a public posting in the Daily Court Review newspaper. That process places “I knew this was the burden to document any attempts to contact on the client seeking legal an important relief, and leaves room for subjective opportunity not interpretation on the part of the overseeing judge. just to help a At his Family Law Clinic, many of Calderon’s clients are women fleeing family seeking an abusive or contentious marriage. Some haven’t seen their husband in justice, but years and others are domestic abuse survivors bravely seizing the opporalso to develop tunity to get out of the relationship. better law.” In the most disturbing cases, women have been sold into marriage by their parents. – CARLOS CALDERON Though the stories vary, these clients are indigent and at risk — meaning that often the traditional method of non-delivery fails them.

“Because of the vulnerable client base we serve, electronic delivery is crucial to getting the legal action they deserve rather than prolonging their suffering due to bureaucratic red tape,” Calderon said. “It makes the process safer, both for attorneys and for clients. There’s less face-to-face interaction and fewer chances for physical violence.”

Improving client outcomes

Though electronic service, and especially service via social media, is still being pioneered, Calderon is hopeful and inspired by what he sees as “really positive results” so far for his clients.

His first success was with an English-as-a-second-language client who, prior to coming to the clinic, had filed for divorce. She got halfway through the process, but stalled when she couldn’t find her husband to serve him the papers. Calderon and his team were able to find the husband through his interactions on Facebook Marketplace within a few months and delivered the divorce papers, much to the client’s joy and relief.

With more Facebook services scheduled for clients and the legal field fully embracing digital advances, this innovation in civil law will likely continue to expand.

Carlos Calderon enjoys engaging in person, when the pandemic eases.

Bringing the real world into the classroom

Of course, this creative approach to law permeates Calderon’s lesson plans, and students are shifting their understanding of the legal practice.

Alternative methods of service are regularly emerging, and this is just the next iteration. “People think that law is stiff and stagnant, but the practice of law is all about adjusting on the fly,” Calderon said.

Calderon believes exposing his students to many nuanced areas of the law is vital. “They will inevitably face unusual challenges in their careers,” he said. “I want them to know that when you hit a roadblock, you just need to figure out how to navigate around it.”

Carlos Calderón, Clinical Teaching Fellow, Attorney; 713.646.2986, ccalderon@stcl.edu

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