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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: Non-Lawyer Practice
Part IV of “Assessing Innovations,” The Private Sector Legal Market
Previous posts in this series have offered cost-benefit, rights-oriented and “targeted representation” approaches to analyzing whether innovations should be viewed as appropriate. This post asks the same question about innovations in the private sector market, although with more of a … Continue reading
Posted in Non-Lawyer Practice, Systematic Change, Triage
1 Comment
Part II of “Assessing Innovations” — A Rights Oriented Analysis
A recent post discussed how to analyze the value of different approaches to access to justice in cost benefit terms. This follow-up post takes a different approach, looking at the same issue — of how to decided whether to implement … Continue reading
Assessing the Appropriateness of ATJ Innovations
The more I am involved with discussions about possible access to justice innovations, the more I am struck that often those in favor and those against are really talking across each other because they are assessing the utility and value … Continue reading
Interesting Juxtaposition: ABA President Supports NonLawyer Practice While Supreme Court Explores Potential Anti-Trust Violation by Dentist Self-Regulation
Its news on its own that ABA President William Hubbard appears to have endorsed nonlawyer practive: As OrgeonLive.com reported, at an ABA Young Lawyers Division meeting. . . Hubbard saluted the state of Washington, which was the first in the … Continue reading
Posted in Anti-Trust, Non-Lawyer Practice, Supreme Court
Comments Off on Interesting Juxtaposition: ABA President Supports NonLawyer Practice While Supreme Court Explores Potential Anti-Trust Violation by Dentist Self-Regulation
Pending Supreme Court Case Could Put Limits on Integrated Bar’s Ability to Limit NonLawyer Activities
David Udell points out this fascinating pending Supreme Court case, that had passed me by. On October 14, 2014, the Supreme Court is scheduled to hear North Carolina Board of Dental Examiners v. Federal Trade Commission, which raises the issue whether a … Continue reading
Posted in Anti-Trust, Legal Ethics, Non-Lawyer Practice
Comments Off on Pending Supreme Court Case Could Put Limits on Integrated Bar’s Ability to Limit NonLawyer Activities
Guest Post on Potential of Lay Advocates by Allan Rodgers
Allan Rodgers of the Massachusetts Law Reform Institute was my backup resource when I did unemployment advocacy before law school, back in the mid-70s. His personal model of probity and vision is one the reasons I became a lawyer, and … Continue reading
New York Law Journal Reports on Navigator Program
The New York Law Journal has just published an excellent article on the Navigator program (full article accessible for free) in part of the Brooklyn Housing Court and part of the Bronx court dealing with consumer credit matters. As described … Continue reading
Posted in Non-Lawyer Practice
1 Comment
Progress in Three States on Non-Lawyer Access Innovations
There is now a lot to report on non-lawyer practice — with much of it not yet getting the attention it deserves. First development. In New York Housing Court (Brooklyn) non-lawyer “navigators” are now actually in place helping litigants day-to-day. … Continue reading
Posted in Non-Lawyer Practice
5 Comments
Critically Important Speech by NY CJ Lippman on “The Judiciary as the Leader of the Access to Justice Revolution”
On Tuesday, Chief Judge Jonathan Lippman delivered a very important speech. While the whole speech is very valuable, two particular aspects stand out for me. The first is the the very strong language, and examples, reflecting the speech title The … Continue reading
New York Chief Judge Lippman Announces Court Navigator Program in State of Judiciary
This could be a very important milestone in the development of access to justice. Building on practice in other common law countries, Chief Judge Jonathan Lippman to today announced in his 2014 New York State of the Judiciary speech, the … Continue reading
Posted in Judicial Ethics, Law Schools, Non-Lawyer Practice
4 Comments
Some Thoughts on Non-Lawyer Practice Issues After the Fordham Sypmosium
Yesterday, I was at much of the excellent Symposium Until Civil Gideon at Fordham Law School. The panel on non-lawyer practice was particularly suggestive. After listening to the panel, I have some thoughts. Leadership is all. Chief Judge Lippman, by … Continue reading
Posted in Non-Lawyer Practice
3 Comments
Law Student Pro Bono, The ABA, CCJ Resolution and the Moral Crisis of the Profession
This is an important week for the issue of mandatory law student pro bono, and also for the moral status of the bar. As David Udell and Deborah Rhode explain in a National Law Journal article, The ABA body responsible … Continue reading
Posted in Law Schools, Legal Ethics, Non-Lawyer Practice
3 Comments
David Udell Blogs on New York City Bar Report on Non-Lawyer Practice
David Udell, drawing on the blog from the New York City Bar, blogs at the National Center for Access to Justice on the just-released New York City Bar Association Report on the potential of non-lawyer practice to help fill the … Continue reading
Posted in Non-Lawyer Practice
1 Comment
Law Review Article on Washington State Legal Technician Rule
There is a new timely article on the new Washington State Limited Legal Technician Rule. Here is the table of contents: INTRODUCTION ……………………………………………………………….75 I. THE ACCESS TO JUSTICE CRISIS……………………………………..78 II. THE WASHINGTON STATE LLLT RULE …………………………..91 A. The LLLT Rule … Continue reading
Posted in Non-Lawyer Practice
1 Comment