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 | Comments Off on Algorithms and Checklists May Help Deal With Implicit Bias

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 | Comments Off on Dean Minnow’s Retirement From Harvard Law Deanship Reminds Us of Law Schools Importance to and Potential For Access to Justice

Nothing Ever Changes – Queen Elizabeth I Had To Intervene to Protect Against Professional Monopoly Over-Protection By Physicians

I am reading a wonderful book called The Gardens of the British Working Class.  It is one of those books that seems to be about what some would call a “little thing,” but is really about all of life.  The … Continue reading

Posted in Anti-Trust, Bar Associations, De-Regulation, History, Medical System Comparision, Non-Lawyer Practice, Systematic Change | 3 Comments

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 | Comments Off on Serving Self-Represented Litigants Remotely A Resource Guide Is a Must Read

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 | Comments Off on Article on Incentives in Access to Justice

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 | Comments Off on Table Comparing Three New Different ATJ Sets of Recommendations Should Help Move Collaboration Forward

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

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Attorney-Client, Self-Help Services, SRL Statistics, Systematic Change | 3 Comments

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 | Comments Off on Twenty First Century Strategic Planning and Innovation Deployment — Lessons From the 2016 Campaigns

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

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

Posted in Access to Justice Generally, Attorney-Client, Medical System Comparision, Systematic Change | 6 Comments

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

Posted in Budget Issues, Funding, Medical System Comparision, Metrics, Outcome Measures, Public Education, Research and Evalation, Series: Outcome Measures, Systematic Change, Technology, Transparency, Triage | 1 Comment

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

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

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

Posted in 100% Access Strategy and Campaign, Funding, Systematic Change | 1 Comment