Category Archives: Unbundling

Integrating “Roles Beyond Lawyers” into Court Improvement Strategies

A recent paper by Colleen F. Shanahan, Anna E. Carpenter and Alyx Mark makes a very important point that, as the abstract puts it: Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Counsel, Court Management, Non-Lawyer Practice, Referral Systems, Research and Evalation, Triage, Unbundling | 2 Comments

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

David Brooks Brilliant Column on Outsider-Insiders, and its Relevance to Our 100% Access Movement

David Brooks  had a brilliant column in the New York Times on June 25, 2016.  However, it was marred by a serious error that, while irrelevant to the force of the core idea, means that it is much less likely … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Bar Associations, Judicial Ethics, Legal Aid, Legal Ethics, LSC, Non-Lawyer Practice, SRLN, Unbundling | 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

Five Transformative Bar Reform Ideas To Get to 100% to Justice — Paper Abstract

A few months ago, the Georgetown Journal of Legal Ethics invited me to submit a paper on the relationship between access to justice, commercialization of the legal practice, and judicial ethics.  The paper will be published in the summer of … Continue reading

Posted in Attorney-Client, Bar Associations, Funding, Legal Aid, LSC, Middle Income, Mixed Model, Non-Lawyer Practice, Outcome Measures, Political Support, Systematic Change, Tax Policy, Technology, Triage, Unbundling | 2 Comments

Asking About the Role of Pro Bono in Responding to the Challenge of the Chiefs’ 100% Resolution Could Help Pro Bono Regain Momentum

There has been some good news on pro bono in the last couple of years: the LSC Pro Bono Grant Program has been launched and LSC has revised its PAI 12.5% set-aside rules.  However, beyond this, it has been a … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Pro Bono, Systematic Change, Triage, Unbundling

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 Risks of a Narrow Definition of Access to Justice

There is up at the ABA.com “Rebel Lawyers” an article titled “Lawyers need to move beyond ‘access to justice’ to close the legal services gap.”  It is by Dan Lear, currently director of industry relations for Avvo. What it actually … Continue reading

Posted in Access to Justice Generally, Document Assembly, Forms, Legal Aid, Middle Income, Mixed Model, Systematic Change, Technology, Unbundling | 1 Comment

Celebrating 50 Incubators, and Raising A Research and Evaluation Challenge

There are now 50 law school incubators, as listed by the ABA.  Individual programs are listed and profiled here.  This news makes the movement a highly significant one, and the time has some to talk intellectual infrastructure.  In particular, it … Continue reading

Posted in Incubators, Law Schools, Research and Evalation, Unbundling

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

Sue Talia and Practicing Law Institute Partner for Free Jan 30 Program on Unbundling –It Will be Available Online Then and Afterwards

On Jan 30, 9 AM Pacific, Sue Talia will be presenting a three hour online program through PLI on unbundling. The  program is free, and will also be available online afterwards. Here is the link to the information.  You can … Continue reading

Posted in Unbundling | 1 Comment

Wayne Moore’s Comments to the ABA on the Future of Legal Services for Moderate Income People

As you know, the ABA Commission on the Future of Legal Services recently requested comments to use in its work.  While there are many worthwhile comments posted, I thought it useful to share this one in both longer (attached-linked) and shorter … Continue reading

Posted in Middle Income, Systematic Change, Technology, Unbundling | 2 Comments

Part II of “Assessing Innovations” — A Rights Oriented Analysis

A recent post discussed how to analyze the value of different approaches to access to justice in cost benefit terms.  This follow-up post takes a different approach, looking at the same issue — of how to decided whether to implement … Continue reading

Posted in Access to Counsel, Budget Issues, Legal Aid, Non-Lawyer Practice, Systematic Change, Technology, Triage, Unbundling | 1 Comment

Minnesota Supreme Court Takes Important Step Reversing Attorney Misconduct Admonition in Unbundled Case

This may be the first time that a state Supreme Court has intervened to protect the integrity and force of a limited scope agreement. As such it is an important step in defending the force of the rules that protect … Continue reading

Posted in Access to Justice Generally, Unbundling

Thoughts in Response to Esther Lardent’s Question About Unbundling and Pro Bono

The ever-thoughtful Esther Lardent recently asked whether we are “shrinking pro bono?”  As I understand it, the core of her worry about the impact of unbundling innovation is expressed in this para. In the right context, limited-scope pro bono service … Continue reading

Posted in LSC, Pro Bono, Unbundling | 2 Comments