Category Archives: Non-Lawyer Practice

Oral History Interview Fragment: Future of Access to Justice

Last week, I was honored to be interviewed by Alan Houseman for the oral history project of the National Equal Justice Library. I will be posting fragments that folks might find useful. This first one actually comes near the end … Continue reading

Posted in Access to Justice Generally, History, Legal Aid, LSC, Non-Lawyer Practice, Referral Systems, Systematic Change, video | 2 Comments

Seventh Circuit’s Response to Judge Posner Misses the Point

The Seven Circuit, through Judge Wood, has responded to Judge Posner’s criticism of the Court’s approach to those without lawyers as follows: First, while [Judge Posner] is certainly entitled to his own views about such matters as our Staff Attorney’s … Continue reading

Posted in Access to Justice Generally, Appellate Practice, Defender Programs, Federal Courts, Judicial Ethics, Non-Lawyer Practice | 1 Comment

A Broader Branding Perspective for Access to Justice — Service and Change

I think it may be time to think our way through to a new and broader way we think and talk about our movement.  These suggestions are based on assumptions that I list below, that are strongly supported by the … Continue reading

Posted in ABA, Access to Justice Generally, Bar Associations, Chasm with Communities, Communications Strategy, Legal Aid, Non-Lawyer Practice, Political Support, Public Welfare Foundation, Systematic Change | 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

National Academy Report On Need for Strategy to Understand Impact of Technology on Economy and Employment Suggests Need to Go Further

As reported in the New York Times, and elaborated in Nature, a panel of the National Academies has called for a national approach to data to understand and manage the impact of technology on the economy and jobs.  As Nature … Continue reading

Posted in 100% Access Strategy and Campaign, Court Management, Document Assembly, Non-Lawyer Practice, Research and Evalation, Science, Simplification, Systematic Change, Technology, Triage

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

Algorithms and Checklists May Help Deal With Implicit Bias

While I am an advocate of algorithm driven processes in law, I still have a slightly queasy feeling about the whole idea.  It comes from the fear that outcomes are not going to be “far,” but are going to be … Continue reading

Posted in Court Management, Criminal Law, De-Regulation, Domestic Violence, Evictions, Legal Aid, Medical System Comparision, Non-Lawyer Practice, Outcome Measures, Science, Simplification, Systematic Change, Tools, Triage

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

The New HHS Child Support Regs Will Increase Child Support Payments and Strengthen the Argument for Expanded Self-Help Services

There is additional good news in the new HHS Child Support regs, which are to be effective Jan 19, 2017 (analysis and link to full text of regs here).  They will increase payments to custodial parents, and they also strengthen … Continue reading

Posted in Access to Justice Generally, Debt Collction, Document Assembly, Family Law, Federal Agencies, Forms, Funding, Non-Lawyer Practice, Self-Help Services

Final Rule Facilitating Non-Lawyer Practice in Immigration System, Taking Effect Jan 18, Reminds of the Relevance of This Approach in Access Reform

Time  passes.  On Jan 18, the rules changes governing non-lawyer practice in the immigration system — which in this way, although surely not others, could be a model for other forums, take effect.  As explained in the Notice in the … Continue reading

Posted in Access to Justice Generally, Immigration, Non-Lawyer Practice | 2 Comments

Media Coverage for “Roles Beyond Lawyers” Spreads

There is already some media coverage for the Roles Beyond Lawyers Report. In the shocking but likely event that some of your constituencies might find the Wall Street Journal or WNYC more reliable than my blog, here are links to … Continue reading

Posted in Access to Justice Generally, Court Management, Media, Non-Lawyer Practice

The First “Roles Beyond Lawyers” Full Evaluation Report Moves Us to a Whole New Stage of Expanding the Use of Nonlawyers

The Public Welfare Foundation,  American Bar Foundation and the National Center for State Courts have just released their report on the “Roles Beyond Lawyers” Navigators program in New York.  Its finding of positive impacts from all three of the pilot … Continue reading

Posted in Access to Justice Generally, Non-Lawyer Practice, Research and Evalation, Rules Reform, Self-Help Services, Social Workers | 2 Comments

Nothing Ever Changes – Queen Elizabeth I Had To Intervene to Protect Against Professional Monopoly Over-Protection By Physicians

I am reading a wonderful book called The Gardens of the British Working Class.  It is one of those books that seems to be about what some would call a “little thing,” but is really about all of life.  The … Continue reading

Posted in Anti-Trust, Bar Associations, De-Regulation, History, Medical System Comparision, Non-Lawyer Practice, Systematic Change | 3 Comments

DOJ and FTC Weigh In on Exempting Websites from the Practice of Law

On June 16 of this year, North Carolina passed a law creating a limited carve-out from the definition of the practice of law for websites that met certain requirements.  The bill is here.  There has been robust critique of the … Continue reading

Posted in Alternative Business Structures, Anti-Trust, Bar Associations, De-Regulation, Dept. of Justice, Document Assembly, Federal Agencies, Forms, Non-Lawyer Practice, Plain Language, Rules Reform, Technology

Thinking About Access to Justice and The Coming Transition

Given that Karl Rove has effectively conceded the election, its surely time to start thinking about opportunities for access to justice in the transition. Obviously, this is going to be very different from the last transition eight years ago.  It … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Administative Proecdure, Defender Programs, Dept. of Justice, Federal Agencies, Funding, LAIR, Legal Aid, LSC, Mixed Model, Non-Lawyer Practice