Expert Opinions

From conversations with legal reformers in many states, the idea of establishing a regulatory sandbox seems extreme. The reality is, though, that these initiatives are not as aggressive as they might seem—and in fact, state courts have been using similar reform tools for a very long time.

IAALS and HiiL have released the results of our US Justice Needs study, providing data on the justice problems Americans experience and the ways they seek to resolve them. Now that we know what people need help with most, we can begin to chart a new path forward to improve our justice system nationwide.

Lawyer development is a single continuum that starts even before the first day of law school, and continues past the point when a lawyer has become an independent, confident, and proficient professional. Until we recognize this fact, we will continue to struggle to develop lawyers properly.

The goal of any licensure process should be to make sure the public is protected from incompetence without serving as an artificial barrier to people entering the legal profession. Indeed, this is precisely what the bar exam purports to do. But does the bar exam actually do those things?

We’re researchers who study legal services regulation and access to the civil justice system. We’ve been thrilled to watch groundbreaking announcements from the West ignite a wide-ranging national debate about how best to regulate legal training, services, and businesses—and we’ve been paying special attention to the role people who are not lawyers are playing in the process of legal re-regulation.

At Wheeler Trigg O’Donnell, we’ve been fortunate to have a front-row seat to the outcomes and transformation that IAALS has achieved through Foundations for Practice. We collaborated with IAALS to survey our partners on the characteristics that they viewed as most essential for new associates to be successful at WTO, and the outcomes for retention and diversity have been exciting and encouraging.

As I’ve learned from many years practicing and advocating for innovative design changes in legal education, teaching online does not and should not involve doing what professors have always done—lecturing, leading discussions, and delivering exams—just through internet-enabled platforms. Instead, law professors should implement design principles to their courses for delivery in any modality: classroom, online, or blended.

In a recent national survey asking about the importance of 12 characteristics of judges, survey respondents indicated that the public prizes a judge's professional qualities above all others, including political qualities—preferences that have obvious relevance for methods of judicial selection.

Throughout the past year, our courts have been engaged in informal pilot projects—they’ve tried out different technologies and processes, all in an effort to continue the administration of justice amid the pandemic. Now, we have the opportunity to learn from this experience and chart a path forward long term.

Civil jury trials have been few since the pandemic began. Cases stalled and slowed, phone conferences and Zoom replaced in-person hearings, and deadlines were extended. How did courts handle the tension between civil rules and procedure on the one hand, and the fundamental right to a jury trial on the other? And, what will stick?

Since 2018, the Colorado Bar Association Federal Pro Se Clinic has been helping people navigate the overwhelming process of filing and pursuing a lawsuit in federal court without a lawyer. Use of the clinic has increased substantially in the time it has been in operation, and all signs point to increasing demand for pro se assistance.

The pandemic’s disruption to the status quo brought with it a critical view of the bar exam, how it is administered, and whether it actually tests what it purports to. The status quo—and tinkering around its edges—is not good enough. It is time we had the courage and will to look beyond the assumptions that underpin the current bar exam and towards outcomes and purpose for a new era.