Category Archives: Access to Counsel

Thoughts on the Shriver Study

It is now several months since the California Shriver Pilot Report was issued.  The findings and recommendations concerning benefits of counsel have been widely disseminated. (Report announcement summary here) So, I want to here highlight some of the findings that … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Court Management, Document Assembly, E-filing, Legal Aid, Self-Help Services

More on Judge Posner’s Apostasy

This from Adam Liptak in the Times on Judge Posner’s resignation speaks for itself (read the whole piece, please). “About six months ago,” Judge Posner said, “I awoke from a slumber of 35 years.” He had suddenly realized, he said, … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Appellate Practice, Books, Federal Courts, Pro Bono | 1 Comment

Speculative Thoughts on Changing Lawyers in Mid-Case — Manafort Edition

I want to draw your attention to the some specific language in the Politico story on Paul Manafort’s change of lawyers, quoting a Manafort spokesman (see especially my bold language): A spokesman confirmed the change. “Mr. Manafort is in the … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Attorney-Client, Criminal Law, Dept. of Justice, Judicial Ethics, Legal Ethics

Access to Justice: Why Focus On This Issue In an Era With So Many Existential Crises

Sometimes we advocates for access to justice quietly admit to each other that with so many other issues threatening our planet, the poor, and our democracy, that it is hard to argue for access to justice a a funding priority. … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Counsel, Communications Strategy

Rebranding and Revitalizing the Legal Profession

Whatever you make think about the Trump administration, one thing is clear, the public is being reminded of the importance of the availability of lawyers.  Maybe also, the profession itself is remembering also how much helping real people with real problems … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Immigration, Pro Bono | 1 Comment

Dean Minnow’s Retirement From Harvard Law Deanship Reminds Us of Law Schools Importance to and Potential For Access to Justice

In a time of many transitions, we must note the news, sad for access to justice, that Dean Martha Minnow will be retiring, after eight years of very significant achievement, from the deanship of Harvard Law School. I suspect that … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Incubators, International Cooperation, International Models, Non-Lawyer Practice, Outcome Measures, Personal, Simplification, Systematic Change, Transitions

Integrating “Roles Beyond Lawyers” into Court Improvement Strategies

A recent paper by Colleen F. Shanahan, Anna E. Carpenter and Alyx Mark makes a very important point that, as the abstract puts it: Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Counsel, Court Management, Non-Lawyer Practice, Referral Systems, Research and Evalation, Triage, Unbundling | 2 Comments

Article on Incentives in Access to Justice

My paper on incentives in access to justice has now been published in the Georgetown Journal of Legal Ethics.  Here it is. Here is the full text of the abstract: Most of the current deregulation discussion focuses on permitting both … Continue reading

Posted in ABA, Access to Counsel, Alternative Business Structures, Anti-Trust, Bar Associations, Medical System Comparision, Middle Income, Mixed Model, Non-Lawyer Practice, Outcome Measures, Planning, Political Support, Poverty, Pro Bono, Referral Systems, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change, Tax Policy, Technology

Integrating the ABA Futures Report and the Justice For All Components

Its finally here, the ABA Future of Legal Services Report. As expected, it covers a lot of ground, and is a lot to read. As an aid to speedy integration into other projects, I have prepared this table that compares … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Access to Counsel, Access to Justice Generally, Alternative Business Structures, Attorney-Client, Bar Associations, Court Fees and Costs, Court Management, Document Assembly, E-filing, Incnetives, Law Schools, Legal Aid, Legal Ethics, LEP, Mediation, Middle Income, Mixed Model, Non-Lawyer Practice, Outcome Measures, Plain Language, Planning, Referral Systems, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change, Technology, Transparency, Triage, Unbundling | 2 Comments

UK Supreme Court Might Be Able to Teach US Court a Lesson on Urgency of Protecting Legal Aid

Tomorrow, Tuesday the 19th, LSC and its friends will enjoy an invitation-only reception at the US Supreme Court following the LSC day at the White House, and to be addressed by Justice Kennedy, among others.  It is obviously a very … Continue reading

Posted in Access to Counsel, Discrimination, Immigration, International Models, Legal Aid, LSC, Supreme Court, White House

The Key to Making “Uber for Lawyers” Work

A recent blog post by a professor at Albany Law School explores whether an “Uber for Lawyers” would work.  (Longer paper, which includes triage and continuum of services, here). His argument: By offering technology-enabled legal services through an internet- or … Continue reading

Posted in Access to Counsel, Access to Justice Boards, Funding, Technology, Triage | 2 Comments

ABA Commission Paper on Legal Check-Ups Could Offer Opportunity to Integrate Private Providers Into ATJ Triage Movement

A few days ago, the ABA Commission on the Future of Legal Services, fresh from a major step forward in getting House of Delegates approval for their Model Regulatory Objectives, issued for comment a draft Issues Paper Concerning Legal Checkups. … Continue reading

Posted in ABA, Access to Counsel, Attorney-Client, Bar Associations, De-Regulation, Incnetives, Non-Lawyer Practice, Technology, Triage | 2 Comments

Is The ABA Really Willing for the Headline to be “Bar to Public: Drop Dead?”

The American Lawyer is reporting (limited free link here) very significant opposition within the ABA to the work of the ABA Commission on the Future of Legal Services.  As the article explains: [The Commission’s Resolution 105 merely] asks the ABA … Continue reading

Posted in ABA, Access to Counsel, Access to Justice Generally, Bar Associations, Legal Ethics, Non-Lawyer Practice | 3 Comments

An Economic Analysis of the “One Hundred Percent Access to Justice” Phrase

If we are to assess the viability of 100% access to justice solutions, we must at least begin to have an economic model for what 100% access means, and particularly for whether we can regard services as sufficient in any … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Legal Aid, Self-Help Services, Triage | 6 Comments

Could We Get to 100% Access Without As Many New Resources As We Now Assume, a Very Rough Analysis?

It’s a truism and an article of faith in the access to justice community that the only way to get to 100% access to justice is a massive infusion of money. It might well be true, but try this mental … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Budget Issues, Court Management, Legal Aid, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change | 5 Comments