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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: Judicial Ethics
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
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
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Important New Report/Compilation on Self-Representation Resources in the States from John Greacen and Michigan State Bar Foundation
We have long needed a compilation of what the states have in place to assist the self-represented, and the Michigan State Bar Foundation recently contracted with John Greacen of Greacen Associates to prepare such a document to assist the state … Continue reading
Posted in Document Assembly, Forms, Judicial Ethics, Self-Help Services, Technology
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Last Blast on Turner
I am sorry if I have seemed to be suffering from Turner-obsession this last ten days. But it really is an important decision, and has taken a lot of my time because I believe it has the potential to transform … Continue reading
Posted in Access to Counsel, Forms, Judicial Ethics, Legal Aid
1 Comment
Turner and the Self-Represented — A Summary of Its Very Broad Implications and The Begining of a New Jurisprudence
Below find the full text of my post on ConcurringOpinions titlted Turner’s Trombone Blows for Every Self-Represented Litigant. It is, of course, part of the Synposium on the case that David Udell and I are co-hosting. Turner v. Rogers, 564 … Continue reading
Turner Symposium — Link to Review and Refocusing Questions
Here is the first couple of paras of the review and refocusing post on the Turner Symposium on the ConcurringOpinions blog: As of day three, post Turner, some trends have begun to emerge in the commentary, on this blog at … Continue reading
Posted in Access to Justice Generally, Forms, Judicial Ethics, Self-Help Services, Supreme Court
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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
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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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Code of Judicial Conduct: NH Adopts Improved Language — Better Than ABA Model on Self-Represented
Here is the recently adopted NH language on the self-represented. The language is effective April 1, 2011, as part of an overall adoption of a version generally based on the ABA model. I think it is significant improvement on the … Continue reading
Posted in Judicial Ethics
Tagged New Hmpshire
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Finally Posted — Judges’ Journal Article on Self-Represented Cases: 15 Techniques for Saving Time in Tough Times
This is long overdue, but I thought some of you might like to know that a list of ideas for how judges might respond to the increase in the numbers of self-represented, written by Judges Mark Juhas (of California), Maureen … Continue reading
Posted in Access to Justice Generally, Judicial Ethics, Self-Help Services, Systematic Change
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Disclosing Conflicts of Interest May Not Result in More Neutral Information, or Appropriate Assessement of its Neutrality
Its a truism that disclosure of conflicts of interest makes information more reliable and lets people make better judgments of its neutrality. As this article in the NYT discusses, that may not be as true as we would like. A … Continue reading
Posted in Judicial Ethics, Research and Evalation
Tagged Conflict, Cross Examination, Expert Witness
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More Thoughts on The Study on Impact of Time After Meal/Break Upon Judicial Decision
A few days ago I blogged on a scary study that suggested that the big variable in decisions where judges had a lot of discretion was how long after the meal/break the case was heard. The study found a huge … Continue reading