Category Archives: Rules Reform

Maybe Gorsuch Has Some Possibilities

There is certainly evidence in support of the dominant meme of Gorsuch’s extreme conservatism.  However, there may be one nugget of good news in the access to justice area. In a VA disability case, in which the Court denied cert., … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Administative Proecdure, Court Management, Federal Agencies, Federal Courts, Rules Reform, Simplification, Supreme Court, Systematic Change, Veterans | 2 Comments

Illinois Strategic Plan Combines Principles, Initiatives, and Success Measures

The superb new strategic plan from the Illinois Access to Justice Commission is a model in may ways.  I want, however, to emphasize one, its structure.  This approach gives them, and us, a strong and effective document that will serve … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Boards, Access to Justice Generally, Communications Strategy, Court Management, Outcome Measures, Plain Language, Planning, Research and Evalation, Rules Reform, Self-Help Services, Simplification

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

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

Article on Incentives in Access to Justice

My paper on incentives in access to justice has now been published in the Georgetown Journal of Legal Ethics.  Here it is. Here is the full text of the abstract: Most of the current deregulation discussion focuses on permitting both … Continue reading

Posted in ABA, Access to Counsel, Alternative Business Structures, Anti-Trust, Bar Associations, Medical System Comparision, Middle Income, Mixed Model, Non-Lawyer Practice, Outcome Measures, Planning, Political Support, Poverty, Pro Bono, Referral Systems, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change, Tax Policy, Technology

Table Comparing Three New Different ATJ Sets of Recommendations Should Help Move Collaboration Forward

It is quite amazing that within a few weeks we have had three major sets of specific recommendations for national access to justice strategies come out.  They are, in order of appearance, the Guidance for NCSC Grants for Strategic Planning … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Access to Justice Generally, Court Management, Rules Reform, Simplification, Systematic Change, Technology, Triage

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

Important Paper On Impact of Technology On Need For Lawyers May Answer One Question, But Ask Bigger Ones

A recent New York Times article reports on a just drafted study on the potential impact on legal employment markets of the spread of technology. As explained in the Times: . . . [T]here are many human activities that cannot … Continue reading

Posted in Access to Justice Generally, Attorney-Client, Bar Associations, Document Assembly, Metrics, Non-Lawyer Practice, Research and Evalation, Rules Reform, Simplification, Technology

Add Access to Justice As A Criteria for “Just Companies” An Idea Urged By Paul Tudor Jones II, hedge-fund billionaire

Under the wonderful headline, A Plan to Rank ‘Just’ Companies Aims to Close the Wealth Gap, Alexandra Stanley has a great article in today’s New York Times. Like all the best ideas, this one is simple: Paul Tudor Jones II, … Continue reading

Posted in Access to Justice Generally, Consumer Rights, Federal Courts, Rules Reform, Supreme Court, Systematic Change | 1 Comment

A Review of Possible Elements of Deregulation of Law, Gleaned From Current Conversations

As the legal profession discusses the possibility of deregulation, it might be useful to think about the regulatory areas that are most frequently cited as barriers to increasing accesses.  Such a listing may help us decide if the kinds of … Continue reading

Posted in Bar Associations, Judicial Ethics, Rules Reform, Systematic Change, Technology | 2 Comments

Could We Get to 100% Access Without As Many New Resources As We Now Assume, a Very Rough Analysis?

It’s a truism and an article of faith in the access to justice community that the only way to get to 100% access to justice is a massive infusion of money. It might well be true, but try this mental … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Budget Issues, Court Management, Legal Aid, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change | 5 Comments

What Might “Access to Justice Sullivan Principles” Look Like?

I recently blogged about the idea of access to justice “Sullivan Principles”.  As man will remember, the Sullivan Principles were a set of principles for corporations about dealing with the old apartheid regime in South Africa.  While some criticized these … Continue reading

Posted in Consumer Rights, Funding, Rules Reform, Simplification

New CCJ/COSCA Resolution on 100% Access, and How to Get There, Is a Tipping Point

The week before last, the Conference of (state) Chief Justices, and the Conference of State Court Administrators jointly passed two Resolutions that together predict a tipping pint forward in moving to justice.  One sets an aspirational goal of 100% access … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Counsel, Access to Justice Boards, Access to Justice Generally, Bar Associations, Communications Strategy, Court Management, Forms, Legal Aid, Mobile Technology, Outcome Measures, Political Support, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change, Technology, Triage, Unbundling | 3 Comments

Colorado Civil Access Pilot Project Highlights Potential of Simplifcation

The October E-SJI News includes an article on the report by the Institute for the Advancement of the American Legal System (IAALS) on the Colorado Civil Access Pilot. The core idea of the project which is focused on business cases, … Continue reading

Posted in Court Management, Rules Reform, Simplification

Courts are Dysfunctinal for Different Kinds of Litigants in Profoundly Different Ways

It seems to me that the discussions about how to make courts work again have suffered from a problem of fragmentation. While basically all courts operate under the same rules, based on the 1930’s Federal Rule project, there are now … Continue reading

Posted in Federal Courts, Foreclosure, Rules Reform, Simplification, Systematic Change