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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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Category Archives: Access to Counsel
Updadates from the Turner Blog
Some useful ideas from the Turner v. Rogers blog.
Posted in Access to Counsel, Judicial Ethics, Supreme Court
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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 UPL
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
Posted in Access to Counsel, Judicial Ethics, Supreme Court
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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
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
Posted in Access to Counsel, Foreclosure
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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
Posted in Access to Counsel, Access to Justice Boards, Middle Income
Tagged Brtish Columbia, Canada
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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 New York, Settlment Conferences
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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
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
Posted in Access to Counsel, Self-Help Services, Systematic Change, Technology
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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
Posted in Access to Counsel, Systematic Change
Tagged Civil Procedure, Class Actions, Human Rights, Nuremberg
1 Comment
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
Posted in Access to Counsel, Funding
Tagged Federal Courts, Social Security, Veterans
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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
Posted in Access to Counsel, Foreclosure, Funding, Legal Aid
Tagged New York, Settlment Conference
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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
Posted in Access to Counsel, Funding
1 Comment