Category Archives: Access to Counsel

Updadates from the Turner Blog

Some useful ideas from the Turner v. Rogers blog.

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Turner v. Rogers is Released — Due Process Requires Reversal Despite Lack of Categorical Right to Counsel — Symposium Launched on ComcurringOpinions

The Supreme Court has decided Turner v. Rogers. Opinion by Justice Breyer (5-4), with Justice Kennedy joining the majority. http://www.supremecourt.gov/opinions/10pdf/10-10.pdf. AP Story, via NYT David Udell and I have launched our Symposium on ConcurrngOpinions. The post below is a copy … Continue reading

Posted in Access to Counsel, Dept. of Justice, Document Assembly, Forms, Judicial Ethics, Legal Aid, Self-Help Services, Supreme Court, Triage | Comments Off on Turner v. Rogers is Released — Due Process Requires Reversal Despite Lack of Categorical Right to Counsel — Symposium Launched on ComcurringOpinions

Lack of Civil Gideon and Unauthorized Practice of Law Rules — Are They Consistent?

I have just posted a blog post on the above subject as a pre-post to our upcoming Symposium on Turner v. Rogers on ConcurringOpinions. Here is the post, very slightly modified:

Posted in Access to Counsel, Access to Justice Generally, Judicial Ethics, Legal Ethics, Supreme Court | Tagged | 1 Comment

Symposium on Turner v. Rogers to be Hosted on ConcurringOpinions Blog — I’ll Moderate with David Udell

I am excited to be scheduled to be moderating, with David Udell, a flash blog Symposium to be hosted on http://www.concurringopinions.com.  It will focus, when it come down, on the upcoming US Supreme Court decision in Turner v. Rogers, the … Continue reading

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California Judicial Council Approves Seven Shriver Pilot Project Grants: Court Involvement, Triage and Evaluation

The California Judicial Council has approved seven Shriver “civil Gideon” pilot grants (with some for two projects within the same grant).  The overall project includes required court involvement, triage, and a broad evaluation.  Note that notwithstanding media description otherwise, the … Continue reading

Posted in Access to Counsel, Funding, Research and Evalation | Tagged | 1 Comment

Indications that Foreclosure Politial/Legal Tide May be Turning

The LA Times has a fascinating story about the decline in foreclosures.  The lead para:  “Increased scrutiny of how lenders foreclose on Americans has dragged the repossession process out to unprecedented lengths, driving down the pace at which banks are … Continue reading

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Modest Means Project — Nice Model Collaboration to Fill a Big Gap

Arizona has a nice modest means project that seems to work for middle income clients and attorneys. Their website explains: The Modest Means Project is a partnership program from the Arizona Foundation for Legal Services & Education and the State … Continue reading

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British Columbia: Chief Judge says Lower Legal Rates or Give Up Monopoly; Legal Aid Commission Report Makes Innovative Suggestions

As reported in the Vancouver Sun the Chief Judge of the British Columbia Court of Appeals: “has suggested lawyers either significantly lower their fees — now averaging about $340 an hour — or agree to give up their monopolistic hold … Continue reading

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NewsMaker Interview: CJ Lippman on New York Foreclosure Settlement Representation Project

This blog is proud to present our second NewsMaker Interview, which is with Chief Judge Jonathan Lippman of New York.  It focuses on the recently announced Foreclosure Settlement Representation Project.  C.J. Lippman has long been a national leader in access … Continue reading

Posted in Access to Counsel, Budget Issues, Foreclosure, Legal Aid, Newsmaker Interview, Pro Bono, Self-Help Services | Tagged , | Comments Off on NewsMaker Interview: CJ Lippman on New York Foreclosure Settlement Representation Project

Supreme Court Argument in Civil Gideon/Civil Contempt Case – Sufficiency of SRL Procedures Addressed in SC for First Time

This may become very important. You can read the full transcript of today’s (March 23, 2011) oral argument on whether there is a right to counsel for those facing contempt incarceration for nonpayment of child support. It is fascinating, and … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Judicial Ethics, Self-Help Services, Supreme Court, Systematic Change | Tagged , | 1 Comment

California Judicial Developments

It’s hard for me to estimate the likely long term impact of the unhappiness among some California judges, as reported here in the LA Times. At issue is whether the court system should continue to be run centrally by the … Continue reading

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Int’l ATJ Blog — EU Moves Toward “Collective Redress” Procedures — Ben Kaplan and Nuremberg

I have put the International Access to Justice Blog on the right menu.  It is compiled by Martin Gramatikov in the Netherlands. Yesterday he posted about the EU Justice Council, which seems like a Council of State AGs for the … Continue reading

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Politico Reports on House Budget Cut of Equal Access to Justice Act Reimbursement for Soc Sec and Vets Cases

Politico today reports on a little noticed element of the House Budget.  According to the article, the proposed continuing resolution budget, (at section 4007) would cut off, for the remainder of the fiscal year, payments under the Equal Access to … Continue reading

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NY Courts Attempt to Provide “Legal Assistance or Representation” at all Initial Foreclosure Settlement Conferences

As NY Chief Judge Jonathan Lippman announced in his State of the Judiciary today, and as the NYT is reporting, the NY courts are taking steps to make sure that there is greater help in foreclosure cases for homeowners.  Please … Continue reading

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Massachusetts Public Defender System Reform Debate — Implications for Civil Access Too

Massachusetts has what is generally regarded as one of the best public defender systems in the country.   It is a true “mixed model” in which one board and organization manages both a group of about 200 salaried lawyers (the … Continue reading

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