Category Archives: Simplification

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

Opportunity To Suggest Improvements to Washington State Access to Justice Principles

I was the consultant to the Washington State Access to Justice Principles back in the early days of this century. Now a process is underway to update and improve those principles, which were issued by the State Supreme Court in … Continue reading

Posted in Access to Justice Boards, Remote Services, Research and Evalation, Science, Security, Self-Help Services, Simplification, Systematic Change, Technology, Triage, Usabilty

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

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

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

Triage Should Guide Court Simplification and Non-Lawyer Role Expansion, Not the Other Way Round

I think I may have been guilty of thinking about the relationship of triage, court simplification and expansion of non-lawyer roles the wrong way round. I have basically been saying something like this: For each case, we should do triage, … Continue reading

Posted in Access to Justice Generally, Family Law, Non-Lawyer Practice, Referral Systems, Simplification, Systematic Change, Triage | 5 Comments

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

Lisa Foster’s ATJ Commissions Meeting Speech Focuses on Big Changes

Lisa Foster’s speech at the ATJ’s Commission focus not on the usual self-congratulation, but on the encourages big changes in focus and vision.  While I did not travel to Chicago for the Conference this year, just the text alone conveys … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Budget Issues, Chasm with Communities, Dept. of Justice, LAIR, Legal Aid, Litigant Voice, Media, Mediation, Medical System Comparision, Poverty, Reentry, Self-Help Services, Simplification, SRLN, Systematic Change, Technology, video, White House

My Video on Five Ways to Incentivize Bar, Courts, Legal Tech and Nonprofits to Get Us to Access for All

Here is my second short video, made initially for the SRLN day at the Equal Justice Conference.  This one lays out five ways to use the power and threat of regulation/deregulation, and other incentives such as the tax code, to … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Access to Justice Boards, Bar Associations, Budget Issues, De-Regulation, Funding, Incnetives, Legal Aid, LSC, Middle Income, Mixed Model, Non-Lawyer Practice, Planning, Self-Help Services, Simplification, Software Developers, SRLN, Systematic Change, Tax Policy, Technology, video | 1 Comment

A New Way of Thinking About Triage, 100% Access, and the Analysis Process

Traditionally, those who have pushed triage as a key component of 100% access have not always been fully clear about how the triage analysis actually fits in practice into the service modalities analysis.  Here is one way of thinking that … Continue reading

Posted in 100% Access Strategy and Campaign, Simplification, 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

UK Court Divorce Software Made Obvious Math Errors, Not Noticed For Almost 20 Months, Till Nonlawyer Caught it

The Guardian has a story that should cause terror to those who design legal software without properly testing it, as well as those who say we have to limit practice to fully trained lawyers. As the Guardian reports, the online … Continue reading

Posted in Family Law, Forms, Non-Lawyer Practice, Simplification, Technology | 4 Comments