Category Archives: Simplification

Courts are Dysfunctinal for Different Kinds of Litigants in Profoundly Different Ways

It seems to me that the discussions about how to make courts work again have suffered from a problem of fragmentation. While basically all courts operate under the same rules, based on the 1930’s Federal Rule project, there are now … Continue reading

Posted in Federal Courts, Foreclosure, Rules Reform, Simplification, Systematic Change

Very Important Communications Research Released

This is one of the most important posts I have ever written.  I am honored to be authorized to post the communications research conducted by Lake Research Partners and the Torrance Group on civil legal aid and access to justice … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Forms, Funding, Legal Aid, LSC, Self-Help Services, Simplification, Systematic Change | Tagged | 15 Comments

Richard Posner’s New Book Addresses Sources of Complexity in the Law

I have to admit that I am responding to the New York Times review of Posner’s new book, not the book itself. But I was fascinated by this distinction from the review. At the outset, Posner distinguishes between two kinds … Continue reading

Posted in Simplification | 2 Comments

More on the “Until Gideon” Symposium at Forham

At the Symposium, Earl Johnston presented on the concept of Civil Gideon, and I was one of the two responders.  As part of this presentation (and by e-mail before the meeting) he had presented some questions that he suggested would … Continue reading

Posted in Access to Counsel, Judicial Ethics, Self-Help Services, Simplification, Triage | Tagged | 2 Comments

English/Welsh Judges Issue SRL Handbook From Which the US Might Learn

A Committee of English and Welsh Judges have put together a handbook for what they call Litigants In Person, and we call the self-represented.  While the document has received some criticism, there are some elements that might be useful for … Continue reading

Posted in Simplification

Guest Blog on Australian Tribunal that Use Administrative Agency Approach In Many Traditionally Judicial Areas

After meeting Julie Grainger, a member of the Victorian (Australia) Civil and Administrative Tribunal (VCAT), I asked her to describe for this blog how the Tribunal works.  Its uses more of an administrative agency type approach in many substantive areas … Continue reading

Posted in Administative Proecdure, Simplification, Systematic Change | Tagged ,

Professor in Nederlands On Strategies for Access Change

I am just back from the International Legal Aid Group meeting in the Nederlands.  While I plan to share several ideas from the meeting, I want to start with some overall strategic thoughts from Prof. Maurits Barendrecht of HiiL/Tilburg University. … Continue reading

Posted in Access to Justice Generally, Funding, Legal Aid, Simplification, Systematic Change | 2 Comments