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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: Systematic Change
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
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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
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Serving Self-Represented Litigants Remotely A Resource Guide Is a Must Read
Serving Self-Represented Litigants Remotely A Resource Guide, prepared by a team led by John Greacen and including SRLN members from across the country, has just been published by SRLN. It is a “Must Read,” to use a much over-used word. … Continue reading
Posted in Access to Justice Generally, Budget Issues, Court Management, Forms, Metrics, Remote Services, Research and Evalation, Self-Help Services, SRLN, Systematic Change, Technology, Triage
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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
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
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We Now Have the Data That shows That The One-Side-Self-Represented Case is the Dominant Case Situation in US Civil State Courts and That We Need a Fundamental Rethink of The State Civil Justice System
Some data from NCSC should be helpful in relating access to justice strategy to overall legal system changes. This is because this data simply blows away the way we think about the courts. The dominant analytic mode has always been … Continue reading
Twenty First Century Strategic Planning and Innovation Deployment — Lessons From the 2016 Campaigns
A fascinating article and followup chat in the Washington Post may well lead us to a wiser and more effective strategic planning and innovation process for access to justice. The general approach applies to any such process, and to a … Continue reading
Posted in Access to Justice Boards, Access to Justice Generally, Court Management, Systematic Change
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Advocate System Versus System That Does Not Need Advocates
A recent conversation with my friend Peter Fielding, a doctor who lives at our retirement community about patient/client advocates led to some interesting conclusions for both the medical and legal worlds. When Peter and I discussed the fact that some … Continue reading
With Nate Silver’s Election Prediction Launch a Couple of Days Ago, Its a Good Time to Think About Statistics, Predictions, Triage, and Education for Public Policy
Nate’s 2016 polls-only prediction is that Clinton has an 77.6% chance of winning. For those of us who talk about how triage is critical, his methodology page is well worth some attention. It is highly sophisticated, and reminds us just … Continue reading
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
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Maybe a Good Time to Approach Philanthropy
Now might be a particularly good time to approach foundations and other philanthropists. We all know about the incredible work that the Public Welfare Foundation has done to support access to justice. (Disclosure: including by helping me.) Now, President Mary … Continue reading