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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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- Justice Kennedy’s Opinion On “Baking Discrimination” Is Clarion Call for Process Neutrality In The Entire Governmental Sphere
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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
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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
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
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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
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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
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
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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
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
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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
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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
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