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

Posted in Access to Counsel, Budget Issues, Legal Aid, Non-Lawyer Practice, Systematic Change, Technology, Triage, Unbundling | 1 Comment

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

Posted in Non-Lawyer Practice, Self-Help Services, Systematic Change | 4 Comments

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

Pro Bono Could Lead the Way in Resolving the Struggle for the Soul of the Legal Profession

I have been up in Canada to address the excellent National Pro Bono gathering in Regina Saskatchewan, and hearing about the many pro bono and court innovations moving forward there, as well as from Justice Thomas Cromwell of their Supreme … Continue reading

Posted in Judicial Ethics, Non-Lawyer Practice, Pro Bono, Systematic Change | Tagged | 1 Comment

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

Posted in Court Management, Non-Lawyer Practice, Systematic Change | 3 Comments

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

Posted in Access to Justice Generally, Funding, Judicial Ethics, Legal Aid, Non-Lawyer Practice, Pro Bono | 1 Comment

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