Expert Opinions

The legal system has been regulated so tightly that it has led to a world where only a fraction of the citizens who require legal services can access them, and we cannot afford to fail those who cannot afford legal representation. Unlocking legal regulation is the answer and stands at the heart of the worthy efforts underway in states across the country.

In partnership with national experts, IAALS has developed three new guides to support real change in state courts. Stemming from our work on the Civil Justice Initiative and Family Justice Initiative, the guides are designed to assist in creating effective self-help information for those who need it, developing problem-solving approaches for families in court, and providing insight for judges who interface with self-represented litigants.

Limited legal license programs, such as the one in Washington state that NCSC is beginning to evaluate this month, can effectively contribute to the expansion of the way legal services are delivered. However, their success may be hampered if they are weighed down by excessive limitations and restrictions.

Pro bono work, while worthwhile and commendable, cannot supplant for the need for a significant change in the way our legal system is regulated.

IAALS submitted this comment to the California State Bar Task Force on Access Through Innovation for Legal Services (ATILS) as part of its request for public comment on its tentative regulatory recommendations for enhancing the delivery of, and access to, legal services. Through our Unlocking Legal Regulation project, which is launching soon, we are partnering with Utah to bring bold innovation to the realm of legal regulation and the provision of legal services.

In her final post as Executive Director, Rebecca Love Kourlis discusses the public’s low trust and confidence in the American legal system. IAALS will be rolling out the results of its research in the area over the next few months, and begins with three papers, which together kick off a part of the conversation IAALS calls “Are We at a Boiling Point?”

Based on IAALS' model for out-of-court divorce, the Family Resolutions Specialty Court in Massachusetts helps parents of minor children work through issues related to divorce, separation, paternity, and more—and keeps the focus on the best interests of the child.

Innovations in the delivery of legal services can also be laboratories for testing innovations in legal education. Many innovations in education spring from the IAALS out-of-court divorce model and had an effect on the law students who participated in the on-campus center that provided the services.

Nevada, which directly elects nearly all of its state judges, has never implemented an official judicial performance evaluation program. Instead, between 1992 and 2013, the state’s largest newspaper conducted its own surveys of attorneys in Clark County regarding judges seeking reelection until their survey methodology came under sharp criticism. Now the surveys are set to return, with some significant retooling.

In April 2019, the California State Auditor filed her report on an investigation into the Commission on Judicial Performance, the state's judicial conduct body. There is growing interest nationally in judicial misconduct and the entities in each state (and federally) that investigate complaints, and in 2018, IAALS prepared its own Recommendations for Judicial Discipline Systems.

It is no secret that divorce poses significant problems for those who go through the legal process. The adversarial nature of the legal process can put people at odds with one another and the courts are not well-positioned to provide emotional and future-planning support. IAALS has released a new report detailing the evaluation of our out-of-court model aimed at addressing these challenges for families with children.

As state courts around the country have been responding to the Conference of Chief Justices' 2016 Call to Action for civil justice reform, IAALS, NCSC, and NCJFCJ also have been focused on developing companion recommendations for evaluating and improving the way courts handle domestic relations cases, which have just been released.