Idaho has released a report evaluating its Informal Custody Trial (ICT) program. The ICT allows litigants in child custody cases to suspend the rules of evidence and the normal question-and-answer format of trial, waive the rules of discovery, and directly present their case, issues, and concerns to the court. The report had many encouraging statistics, but more evaluation may be needed to determine whether the program is successfully helping families.
Like the United States, the United Kingdom has historically faced a lack of legal representation for low income individuals. The apparent lack of resources in both countries has highlighted a perceived remedy: law students working with those in need of legal services. While many people view this solution as beneficial for society, law schools, and students, others have warned against law schools taking up the slack because students still need an opportunity to learn.
In a historic 53.78%–46.22% decision, which is already beginning to transform the state's judiciary in significant ways, Nevada voters elected to create an Intermediate Court of Appeals during the November 2014 election cycle. Nevada has demonstrated that, with right mindedness and well-placed determination on behalf of achieving a high-functioning and efficient legal system, change and progress will eventually prevail.
In November, IAALS convened a group of senior in-house counsel and corporate management from around the country to discuss discovery and the challenges of preservation and production. The convening focused on the proposed federal amendments to Rule 37(e) and the realities companies face on a daily basis, providing an opportunity for attendees to talk to their peers about current practices, challenges, and solutions, for both small and large companies.
Last week, IAALS met with the other members and staff of the Conference of Chief Justices Civil Justice Improvements committee for its second plenary meeting in Washington D.C. The meeting was followed by the National Center for State Court’s Judicial Excellence Events, and culminated in an award ceremony where Chief Justice John Roberts presented the William Rehnquist Award to Kansas Judge Steve Leben, a close friend of IAALS, at the Supreme Court.
A recent article in the Denver Bar Association’s The Docket reviewed the dilemma that surrounds how states select and retain judges. In the article, Colorado's merit selection system is highlighted as a nationally recognized model for ensuring a judiciary that is free from politics, while also affording citizen input. Colorado's process for choosing judges mirrors the four-part O'Connor Plan, IAALS' collaboration with Justice Sandra Day O'Connor.
Three Colorado jurists who were identified as outstanding case managers in Working Smarter, Not Harder: How Excellent Judges Manage Cases have shared their expanded views of successful practices in an article for The Colorado Lawyer. The judges cover some of the more practical suggestions they have for fellow judges, as well as attorneys.
Professor Neil W. Hamilton of the University of St. Thomas School of Law recently published an article that analyzes empirical research on the competencies that legal employers and clients are looking for in new lawyers. For the article, Professor Hamilton surveyed four types of employers: larger law firms, small firms, county attorneys, and legal aid offices. He found all four groups highly valued certain competencies, dubbing them "professional formation competencies."
IAALS provides an overview of the 2014 election outcomes that impacted state courts and judges, including a look at ballot measures, contestable elections, and retention elections.
This Thursday and Friday, November 6-7, 2014, the Law School Survey of Student Engagement's (LSSSE) “Data and Assessment in Legal Education: The Necessities, The Possibilities” symposium will be held at Saint Louis University School of Law. Alli Gerkman, Director of Educating Tomorrow’s Lawyers, will be presenting on a panel about “Using Data to Demonstrate and Improve the Value of Legal Education.”
New research out of the United Kingdom suggests that instead of facing the family court system without legal counsel, families are choosing to forgo the courts altogether. This problem is not novel to the UK, and self-represented litigants are on the rise in the United States as well. Our Cases Without Counsel project is conducting first-of-its-kind national research in the hopes of better understanding how the legal system can meet the needs of these families.
Discovery in the United States is much more broad than other common law countries. While such differences in approach pose challenges in terms of cross-border discovery, our recent report, Allocating the Costs of Discovery: Lessons Learned at Home and Abroad, highlights the lessons to be learned for those at home by looking to more reasonable and proportionate discovery methods used abroad.