Expert Opinions

The front lines of electronic discovery are moving beyond the federal courts. In a world where everyone with a smart phone is an ESI custodian, the problems of e-discovery affect all types of litigants in all types of cases. E-discovery has arrived in the state courts, and the problems there are every bit as big, and every bit as complicated, as they are in federal court. On September 19th and 20th, state court judges and e-discovery experts from around the country gathered to discuss the challenges that e-discovery poses for state courts.

It is no surprise that there is much confusion around how judges get to be judges in the United States. No two states use the same method to select and retain their judges, and even in individual states, the method may vary by the level of court and even location.

We live in a time of cynicism and dissatisfaction with government—a dissatisfaction that includes the judicial branch. Gallup surveys of satisfaction with the way the nation is being governed have been stuck for the past few years at levels not seen since the days of President Richard Nixon and Watergate. Approval of the United States Supreme Court, which historically stayed safely in positive territory, has been close to 50-50 in recent years—and was negative (50% disapproving, 45% approving) at the start of the Court’s term last October.

Public trust and confidence in our judiciary, and our judges, is vital. Yet, over the last several decades, that trust has been eroded. For people to trust judges again, we must ensure a series of pillars are in place: improved ways of selecting judges; improved ways of evaluating judges’ performance; and improved systems for disciplining judges who abuse their power—which is the subject of a new IAALS report.

To address the challenges posed by the rising number of debt collection cases in our state courts—including high rates of self-represented litigants and default judgments—IAALS and the National Center for State Courts have released a new white paper that presents a model approach to reform in these cases.

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 community-based justice worker model is rapidly expanding within the civil justice ecosystem, showcasing diverse forms and significant impact. Here, we explore its evolution, approaches, and nationwide influence on improving access to justice.

A key feature of the Educating Tomorrow’s Lawyers initiative is the Consortium of 23 law schools committed to innovation in the spirit of the Carnegie Report. What are these schools like compared to law schools as a whole? This post will take up this question, looking at three issues: 1. What are the ETL consortium schools like as to the types of institution they represent, their tier in school rankings, and where are they located? 2. What kinds of innovation are they engaged in, particularly in the area of curriculum? 3. How do they look on these measures when compared to other schools?

Many jurisdictions around the country have implemented alternative processes that are designed to provide litigants with speedy and less expensive access to civil trials. These programs generally involve a simplified pretrial process and a shortened trial on an expedited basis. This new resource offers a summary chart of the various programs nationwide and specific details for each.

In response to record-breaking judicial election spending, and an unprecedented series of scandals involving supreme court justices, reform-minded folks in Pennsylvania are making historic strides toward change.

Figuring out how to educate law students to meet the needs of modern law practice is vitally important given shrinking job markets and changing demands on lawyers. IAALS has accepted that challenge with its Educating Tomorrow’s Lawyers initiative, which focuses on preparing new lawyers for successful participation in the legal profession. Law schools have traditionally focused on applicants’ LSAT scores and grade point averages to determine admissions to law schools. This produces a student body designed to perform well on standardized tests and in college-type settings. 

According to news reports, a state district judge in Oklahoma agreed to resign following a petition describing numerous acts of misconduct. The case illustrates several aspects of state judicial discipline highlighted in a recent IAALS report.

Imagine a legal sector neatly divided into two groups: the Rule Makers and the Risk Takers. With evidence piling up that the legal market is not working for ordinary citizens, the Rule Makers come together to evaluate possible changes. After the new rules are enacted, the burden shifts to the Risk Takers to build out workable solutions.

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.

Judges hold a uniquely powerful position within the justice system, making their leadership crucial for meaningful reform. To drive lasting change, we need leaders who not only address current challenges but also proactively design a system that anticipates and meets future needs.

Previously, we have drawn from the Educating Tomorrow’s Lawyers (ETL) survey to describe the 23 ETL Consortium schools, explore the kinds of curricular innovations currently in place, and look at their support for faculty engagement in the improvement of teaching and learning. This post continues those analyses by looking at what schools are doing with respect to faculty professional activity related to teaching and learning.

At our 2nd Annual Educating Tomorrow's Lawyers Conference, we honored Bill Henderson with our Educating Tomorrow's Lawyers Award. Afterward, he delivered a keynote address (video here) focused on the significance of the role played by legal educators and the change that is coming. Talking about his own experience with a professor as a later-in-life college senior, he said that educators have the power to "flip the switch."

November 2015 is the 75th anniversary of the Missouri Plan, an innovative approach to selecting state judges intended to preserve their impartiality while holding them publicly accountable for their performance on the bench. First adopted by Missouri voters in 1940, this process is now used to select at least some judges in two-thirds of the states.

More than two hundred years ago, our Founders created and signed the Constitution of the United States. This codified, written constitution established that ours would be a nation governed by the rule of law. The concepts embodied in the phrase “rule of law” are both simple and complex. Its simplicity derives from the fact that the underlying notion is clear: all persons, regardless of race, ethnicity, gender, religion, sexual orientation, economic or social status, or other group or individual characteristic, are equal in the eyes of the law. The concept, however, also requires that a complex web of laws and governmental actions come together to assure the protection of the rule of law for all.

Legal services consumers want greater access to law and justice, and teaching unbundling—or limited scope representation—in law schools is necessary for new lawyers to develop the skills they need to operate in today’s changing legal services market.