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Opinions are personal, and only those of the authors themselves. This blog is for informational purposes only and does not provide legal advice. Copyright reserved 2010-2016.ABA Journal Honoree 2017

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Author Archives: richardzorza
Law School Incubators — Excellent Article and Some Thoughts
Recently, I blogged suggesting an overview of the systemic problems with the entire legal system. One of the interlinked barriers that I highlighted was “A system of professional rules and business practices that makes this [legal] expertise highly expensive to … Continue reading
Posted in Law Schools, Systematic Change
4 Comments
On the Role of Mediators and Neutrals with the Self-Represented
A recent conversation made me realize how little attention we have paid to what happens to the self-represented in mediation and other environments that involve a supposed neutral. After all, it is not at all unusual for states to mandate … Continue reading
Posted in Judicial Ethics, Mediation
4 Comments
Decision Fatigue — It’s Glucose
A few months ago, I blogged about a disturbing study of Israeli parole decisions that strongly suggested that judges made much more sympathetic decisions early in the session, and that they appeared to reset their sympathy with some food. There … Continue reading
Posted in Judicial Ethics, Research and Evalation
1 Comment
After Turner: A Proposed “Attorney Diagnosis” Approach to Triage for Access to Justice
After Turner, emphasizing due process requirements for cases involving the self-represented, there is an urgent need to think of better ways to decide who needs what services in order to get access to justice, and not just in the civil … Continue reading
Posted in Access to Counsel, Legal Aid, Triage, Unbundling
Tagged Civl Gideon, Turner v. Rogers
4 Comments
Brilliant Idea — Sonoma County Court Strategic Plan Highlights Litigant Assistance Network and Triage
With funding from SJI, Sonoma Court, California has completed an excellent Strategic Planning Document. While it includes many valuable ideas, and is focused at least initially somewhat on the huge challenges of providing culturally competent services, I particularly want to … Continue reading
Posted in Access to Justice Boards, Funding, Legal Aid, LEP, Self-Help Services, Systematic Change, Triage
Tagged SJI, Sonoma, Technical Assistance
3 Comments
Deregulation Versus De-monopolizing — A Complex Debate Just Begining
There has been substantially more attention in the blogsphere to the deregulation of the legal profession. See, e.g. the Wall St. Journal, law librarian blog, elawyering blog. All are worth reading. But I would urge attention to the difference between … Continue reading
Posted in Access to Justice Generally, Systematic Change
Tagged Deregulaton, Monopoly, UK
Comments Off on Deregulation Versus De-monopolizing — A Complex Debate Just Begining
Making Sure Investments In Courts Are Counter-Cyclical
As a general matter, its an article of faith among mainstream economists that government spending is counter-cyclical, that is to say by investing more in government (actually anything) during downturns you cause the money to be re-spent, and re-spent again, … Continue reading
Posted in Access to Justice Generally, Budget Issues, Poverty
Comments Off on Making Sure Investments In Courts Are Counter-Cyclical
Self-Represented Litigants: Litterature Review Conducted in UK
The UK Ministry of Justice has completed a literature review about self-represented litigants (whom they call “Litigants in person.”) The review included international sources, at least as to formal research. The overall conclusions: While some good quality evidence existed, … Continue reading
Posted in Judicial Ethics, Research and Evalation, Self-Help Services, SRL Statistics
Tagged UK
Comments Off on Self-Represented Litigants: Litterature Review Conducted in UK
Plain Language Advocacy and the Michigan State Bar
This sounds unusual. The state bar of Michigan not only has a plain language committee, but a regular column in their bar journal on the subject. Here is a list of the most recent of those columns. Ambiguous Drafting and … Continue reading
Lawyers Hiring Capital, or Capital Hiring Lawyers — The Failure of the Profession to Innovate Creates a Gap
The California Lawyer has an interesting story, Investors at the Gates on the Jacoby and Meyers firm suing in three states to knock out rules preventing non lawyer participation in ownership of law firms — i.e. equity capital. On May … Continue reading
An Overview of Systemic Barriers to Access to Justice
Maybe its time to take a 22,000 mile overview of the access to justice problem. One way to do so it look at at the interacting parts of the system and how together they produce an inaccessible system. 1. A … Continue reading
Immigration and the Detained
There’s new attention to immigation issues, including a remarkable change in policy on deportation priorities. See NYT. The Obama administration announced Thursday that it would suspend deportation proceedings against many illegal immigrants who pose no threat to national security or … Continue reading
ABA Boies-Olsen Report On Court Budgets is Out — Goes Beyond Budget Issues
The David Boies – Theodore Olsen Report is out. This you will recall, is the ABA project on the need to protect the court system during the funding crisis, and is another initiative bringing together these once (and maybe future) … Continue reading
Posted in Budget Issues, Funding, Systematic Change, Technology, Transparency
Tagged ABA, Boies, NCSC, Olsen
1 Comment
Language Services — Medical Model — Example and General Approach
While the legal system seems to be having difficulty moving forward with language access, here is a nice Oakland Tribune article that talks about creative use of video technology to ensure translation in a hospital. The medical center uses video … Continue reading
Posted in Access to Justice Generally, LEP, Medical System Comparision
Comments Off on Language Services — Medical Model — Example and General Approach
Dashboards and Transparency in Justice
The IBM Center for Business in Government has issued a report on report on Dashboards in government: In its summary: One approach the Obama administration has latched onto to make sense out of the deluge of data is the use … Continue reading
Posted in Research and Evalation, Technology, Transparency
2 Comments