Monthly Archives: September 2015

We Never Think of the Tax Code As a Tool for Access to Justice – It Could be Huge

I am working on a paper for the Georgetown Journal of Legal Ethics 2016 Symposium issue on the relationship between access to justice, legal ethics and commercialization.  It as been a great opportunity to think about creating ways of transcending … Continue reading

Posted in Access to Justice Generally | 1 Comment

Presidential Memorandum on Access to Justice and Legal Aid Interagency Roundtale is Major Milestone in Creating the National ATJ Mosaic

A big deal.  The President has put in place a Presidential Memorandum on access to justice and the Legal Aid Interagency Roundtable (LAIR).  This joins the Conference of Chiefs/COSCA 100% Resolution as the second huge piece in the national Mosaic … Continue reading

Posted in Access to Justice Generally, Budget Issues, Discrimination, Funding, International Cooperation, Outcome Measures, Research and Evalation, Tools, White House | 6 Comments

The VW Scandal Tells Us That We Have to Find a Way to Make Software Transparent — Particularly for Courts

The truly shocking VW emissions fraud should force us to think through how we can ensure the transparency that is needed in software.  The general issue is excellently summarize in this recent NYT article: “Intelligent public policy, as we all … Continue reading

Posted in Technology, Transparency, Triage | Tagged , , , | 1 Comment

Jim Greiner’s Comment on the Inherent Conflict Respresented by Funding Public Defenders by Fees Charged Defendant’s and My Response

Jim Greiner has submitted a brilliant and challenging comment on my recent post about the funding of 41% of the New Orleans Public Defender from court fines, fees and assessments.  It is worth very serious consideration.  Here is the full … Continue reading

Posted in Attorney-Client, Bail, Budget Issues, Chasm with Communities, Commentators, Court Management, Criminal Law, Defender Programs, Political Support, Poverty, Public Defender | 4 Comments

Meeting on ATJ and UN Development Goals in NY on Sept 24 Offers Opportunity to Engage Important Subject

As David Udell has been urging, it is long past time for US access to justice advocates to engage with the UN on Goal 16 of its Development Goals, dealing with access to justice, and with its potential implications.  As … Continue reading

Posted in Access to Justice Generally, International Cooperation, International Models | 1 Comment

Disturbing Question — How on Earth Can a Public Defender Program Rely on Court Imposed Fees for its Budget?

I am not sure I can stand this. According to its own communication director, the New Orleans public defender relies on fines and fees imposed by the court for 41% of its budget (NOLA CityLab here). New Orleans’ Office of … Continue reading

Posted in Access to Counsel, Attorney-Client, Bail, Court Fees and Costs, Defender Programs, Poverty | 3 Comments

We Need a National Campaign for Access to Justice — Why the CCJ/COSCA Resolution Makes it So Much Easier and What Might It Start to Look Like?

There are lots of reasons why we really do not have in place anything like a national campaign for 100% access     (Although we have certainly become much better at talking about the need).  One of the reasons for the … Continue reading

Posted in Access to Justice Boards, Access to Justice Generally, Bar Associations, Budget Issues, Communications Strategy, Legal Aid, LEP, LSC, Self-Help Services, Simplification, Triage, Unbundling | 1 Comment

The Risks of a Narrow Definition of Access to Justice

There is up at the ABA.com “Rebel Lawyers” an article titled “Lawyers need to move beyond ‘access to justice’ to close the legal services gap.”  It is by Dan Lear, currently director of industry relations for Avvo. What it actually … Continue reading

Posted in Access to Justice Generally, Document Assembly, Forms, Legal Aid, Middle Income, Mixed Model, Systematic Change, Technology, Unbundling | 1 Comment

The Pope Joins the Simplification Movement

In the slow-moving Vatican bureaucracy, it’s big news, as reported in the Washington Post, when the annulment procedures are made easier.  Or, as Katherine Alteneder put it:  “The Pope joins the simplification movement.” Specifically: The changes will eliminate a requirement … Continue reading

Posted in Document Assembly, Simplification, Systematic Change | Comments Off on The Pope Joins the Simplification Movement

LSC’s Jim Sandman Interview Shows Pace of Change in Access to Justice

A recent interview that LSC’s Jim Sandman gave to Bloomberg/BDA underlines how fast things are changing in access to justice.  Among the nuggets: Among the reasons Jim gives for the access crisis is  “A regulatory system that stultifies innovation and … Continue reading

Posted in Access to Justice Boards, Access to Justice Generally, Legal Aid, LSC, Non-Lawyer Practice, Simplification, Systematic Change, Technology | Comments Off on LSC’s Jim Sandman Interview Shows Pace of Change in Access to Justice

Reflections on Two Comments on 100% Access to Justice Definition

The proposed definition of 100% access to justice has received near record comments — and hopefully there will be more.  I want to comment on two here, although all are worth consideration and debate. Jim Greiner points out that the … Continue reading

Posted in Access to Justice Boards, Access to Justice Generally, Administative Proecdure, Bar Associations, Budget Issues, Commentators, Consumer Rights, Court Management, Guest Bloggers, Research and Evalation, Simplification, Systematic Change, Triage | Comments Off on Reflections on Two Comments on 100% Access to Justice Definition

Towards a Definition of “One Hundred Percent Access to Civil Justice”

With the setting by the Conference of Chief Justices (CCJ), and the Conference of State Court Administrators  (COSCA) by Resolution of 100% access to justice as an “aspirational goal,” the question of just what that term means becomes more and … Continue reading

Posted in Access to Justice Boards, Administative Proecdure, Bar Associations, Court Management, Judicial Ethics, Legal Aid, Planning, Research and Evalation, Systematic Change, Triage | 8 Comments