Category Archives: Simplification

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 | Comments Off on What Might “Access to Justice Sullivan Principles” Look Like?

We Need a National Campaign for Access to Justice — Why the CCJ/COSCA Resolution Makes it So Much Easier and What Might It Start to Look Like?

There are lots of reasons why we really do not have in place anything like a national campaign for 100% access     (Although we have certainly become much better at talking about the need).  One of the reasons for the … Continue reading

Posted in Access to Justice Boards, Access to Justice Generally, Bar Associations, Budget Issues, Communications Strategy, Legal Aid, LEP, LSC, Self-Help Services, Simplification, Triage, Unbundling | 1 Comment

The Pope Joins the Simplification Movement

In the slow-moving Vatican bureaucracy, it’s big news, as reported in the Washington Post, when the annulment procedures are made easier.  Or, as Katherine Alteneder put it:  “The Pope joins the simplification movement.” Specifically: The changes will eliminate a requirement … Continue reading

Posted in Document Assembly, Simplification, Systematic Change | Comments Off on The Pope Joins the Simplification Movement

LSC’s Jim Sandman Interview Shows Pace of Change in Access to Justice

A recent interview that LSC’s Jim Sandman gave to Bloomberg/BDA underlines how fast things are changing in access to justice.  Among the nuggets: Among the reasons Jim gives for the access crisis is  “A regulatory system that stultifies innovation and … Continue reading

Posted in Access to Justice Boards, Access to Justice Generally, Legal Aid, LSC, Non-Lawyer Practice, Simplification, Systematic Change, Technology | Comments Off on LSC’s Jim Sandman Interview Shows Pace of Change in Access to Justice

Reflections on Two Comments on 100% Access to Justice Definition

The proposed definition of 100% access to justice has received near record comments — and hopefully there will be more.  I want to comment on two here, although all are worth consideration and debate. Jim Greiner points out that the … Continue reading

Posted in Access to Justice Boards, Access to Justice Generally, Administative Proecdure, Bar Associations, Budget Issues, Commentators, Consumer Rights, Court Management, Guest Bloggers, Research and Evalation, Simplification, Systematic Change, Triage | Comments Off on Reflections on Two Comments on 100% Access to Justice Definition

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

ATJ Commissions Planning Survey Shows Energy, Common Directions and Interest in Multi-State Networking

After the Access to Justice Commissions meeting this spring in Austin, the Commissions were invited to respond to a brief survey as to their interest in following up on the areas for possible initiatives that had been the focus of … Continue reading

Posted in Access to Justice Boards, Chasm with Communities, Communications Strategy, Court Fees and Costs, Funding, Legal Aid, Metrics, Planning, Self-Help Services, Simplification, Technology | 1 Comment

How State-Wide Groups Might Help Deal With The “Ferguson Chasm”

Here are some suggestions for how ATJ Commissions and other statewide groups (or those just advocating) might move forward on addressing the “Ferguson Chasm” — the gap between communities and the entire legal system, epitomized by Ferguson using the court … Continue reading

Posted in Access to Justice Boards, Chasm with Communities, Child Support, Court Fees and Costs, Policing, Self-Help Services, Simplification | Comments Off on How State-Wide Groups Might Help Deal With The “Ferguson Chasm”

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 | Comments Off on Colorado Civil Access Pilot Project Highlights Potential of Simplifcation

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 | Comments Off on Courts are Dysfunctinal for Different Kinds of Litigants in Profoundly Different Ways

Very Important Communications Research Released

This is one of the most important posts I have ever written.  I am honored to be authorized to post the communications research conducted by Lake Research Partners and the Torrance Group on civil legal aid and access to justice … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Forms, Funding, Legal Aid, LSC, Self-Help Services, Simplification, Systematic Change | Tagged | 15 Comments

Richard Posner’s New Book Addresses Sources of Complexity in the Law

I have to admit that I am responding to the New York Times review of Posner’s new book, not the book itself. But I was fascinated by this distinction from the review. At the outset, Posner distinguishes between two kinds … Continue reading

Posted in Simplification | 2 Comments

More on the “Until Gideon” Symposium at Fordham

At the Symposium, Earl Johnston presented on the concept of Civil Gideon, and I was one of the two responders.  As part of this presentation (and by e-mail before the meeting) he had presented some questions that he suggested would … Continue reading

Posted in Access to Counsel, Judicial Ethics, Self-Help Services, Simplification, Triage | Tagged | 2 Comments

English/Welsh Judges Issue SRL Handbook From Which the US Might Learn

A Committee of English and Welsh Judges have put together a handbook for what they call Litigants In Person, and we call the self-represented.  While the document has received some criticism, there are some elements that might be useful for … Continue reading

Posted in Simplification | Comments Off on English/Welsh Judges Issue SRL Handbook From Which the US Might Learn