Category Archives: Legal Ethics

That Defendant Gates Is Looking for a Lawyer Can Only Mean that a New Conflict With Manafort has Now Become Clear

This is really weird.  A defendant in a very high profile case, Gates, goes into court today essentially without a lawyer and has a public defender stand up for him on a very short term basis.  Its not a cost … Continue reading

Posted in Attorney-Client, Criminal Law, Defender Programs, Dept. of Justice, Federal Courts, Legal Aid, Legal Ethics

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

Professional-Client Partnering Lessons

Note: This is an access to just version of a recent post on my Patient Partnering Site. A recently published tool intended to be used by medical institutions to encourage their patients to think of themselves as members of a … Continue reading

Posted in Access to Justice Generally, Attorney-Client, Bar Associations, Communications Strategy, Court Management, Defender Programs, Law Schools, Legal Aid, Legal Ethics, LSC, Medical System Comparision, Self-Help Services, Systematic Change, Usabilty | 1 Comment

Google Home May Help Us Understand the Definition of “Legal Advice,” and Therefore of What Activities Falls Under Regulatory Authority.

This is sort of fun. We have been struggling now for over two decades to find the most useful and access-expanding ways of explaining when an interaction is the giving of information, not generally subject of regulation as the practice … Continue reading

Posted in Access to Justice Generally, Artificial Intelligence, Child Support, Document Assembly, Family Law, Legal Ethics, Non-Lawyer Practice, Plain Language, Public Education, Remote Services, Self-Help Services, Systematic Change, Technology, Triage | 1 Comment

Another “Roles Beyond Lawyers” Evaluation Adds To the Very Encouraging Mosaic and Highlights Need For Replication Support

This week, the Preliminary Evaluation of the Washington State Limited License Legal Technician (LLLT) program, performed by the National Center for State Courts and the American Bar Foundation, was released.  The basic idea of the program is to permit certain … Continue reading

Posted in 100% Access Strategy and Campaign, Bar Associations, Court Management, De-Regulation, Law Schools, Legal Aid, Legal Ethics, Mixed Model, Non-Lawyer Practice, Public Welfare Foundation, Research and Evalation, Systematic Change, Triage | 1 Comment

How Not To Bring The Litigant Voice Into the Legal System

Richard Moorhead of University College London has a brilliant blog post here, on a recent attempt by the Solicitors Regulatory Association to impact the process of reforming (or not) the exam process for qualifying as a solicitor. (By the way, … Continue reading

Posted in International Models, Legal Ethics, Non-Lawyer Practice, Political Support

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

Fascinating Parallel Between Rule Against Diagnosis Without Examination By Psychiatrists and Legal Information/Judgement Distinction

Here is the link to the recent statement by the American Psychiatric Association President drawing attention to the so-called “Goldwater Rule”: On occasion psychiatrists are asked for an opinion about an individual who is in the light of public attention … Continue reading

Posted in Legal Ethics, Self-Help Services | 1 Comment

David Brooks Brilliant Column on Outsider-Insiders, and its Relevance to Our 100% Access Movement

David Brooks  had a brilliant column in the New York Times on June 25, 2016.  However, it was marred by a serious error that, while irrelevant to the force of the core idea, means that it is much less likely … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Bar Associations, Judicial Ethics, Legal Aid, Legal Ethics, LSC, Non-Lawyer Practice, SRLN, Unbundling | 1 Comment

Conference of Chief Justices Recommending its Members Consider “Regulatory Objectives” for Regulation of Lawyers and Nonlawyers Could Help Move the ABA Process Forward

When I blogged yesterday on “Is The ABA Really Willing for the Headline to be ‘Bar to Public: Drop Dead?‘”, I had not known that the Conference of Chief Justices (CCJ) had, on Wednesday, passed a resolution on the same … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Access to Justice Generally, Attorney-Client, Legal Ethics, Non-Lawyer Practice | 1 Comment

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

Thoughts on the Medical Consent Process and Implications for the Relationship Between Courts, Legal Advocates and Clients

Yesterday, I had a bone marrow biopsy, as part of my ongoing medical care dealing with bone marrow cancer.  That biopsy is not my favorite thing, but let me tell you, as often at Hopkins, you are reminded just what … Continue reading

Posted in Attorney-Client, Criminal Law, Defender Programs, Judicial Ethics, Legal Ethics, Medical System Comparision, Personal, Public Defender, Transparency | 2 Comments

What Do We Do With the Apparant Fact That People Who Beleive They Are More Creative Are More LIkely to Believe That They Are Entitled, and To Act Unethically?

Richard Moohead wonderfully picks up on recent research on the relationship between creativity and entitlement. The research, reported in the Harvard Business Review, tested whether people who beleived that they were more creative were, for example, willing to lie for … Continue reading

Posted in Judicial Ethics, Legal Ethics, Research and Evalation | 1 Comment

Deregulation of Nonprofit Legal Practice — An ATJ Breakthrough?

Here is an idea that might be a breakthrough for access to justice, while enhancing the role and reputation of community based nonprofit legal aid programs. How about almost complete deregulation of nonprofit legal practice.  True nonprofits (defined not only … Continue reading

Posted in Access to Justice Generally, Attorney-Client, Incubators, Legal Aid, Legal Ethics, Non-Lawyer Practice, Systematic Change, Technology | 3 Comments

An Urgent Call for Action on Moving Potential Clemency Cases Forward

This blog urges the legal profession, both institutionally and individually, to step up now and play its role to help free thousands of nonviolent drug offenders given draconian federal sentences, and now potentially eligible for Presidential clemency.  First the background. … Continue reading

Posted in Criminal Law, Defender Programs, Dept. of Justice, Legal Ethics, Reentry, Technology, White House