Expert Opinions

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.

Done right, summary judgment expedites the just resolution of a case—that’s the whole reason we have Rule 56. Our challenge as judges and lawyers is to make dispositive motion practice advance that purpose. While lawyers have traditionally filed such motions if, when, and as often as they pleased, this is a recipe for excess or—worse—abuse. Dispositive motions work best when they are part of a plan for moving the case toward resolution.

Today, IAALS announces the release of a new resource, Listen > Learn > Lead: A Guide to Improving Court Services through User-Centered Design, on how best to solicit feedback from self-represented litigants and other court stakeholders. The tools provided in this guide come from the knowledge IAALS gained through the Court Compass Project design sprint workshops.

In the past several years, design thinking has gained traction in the legal field as a method for involving litigants and other stakeholders in developing improvements to the legal system. IAALS has taken design thinking one step further in applying a structured qualitative research approach to the process.

Our courts face a crisis of access. In a majority of family cases—divorce, separation, and custody issues—at least one party is self-represented. With upwards of 80 to 90 percent of cases involving a self-represented party, it is essential that self-represented litigants can navigate the process and know what to expect at key stages. Partnering with experts around the country, IAALS developed Court Compass as a way to engage court users in brainstorming ways to simplify the family court process.

Judges and attorneys from across the country point to dispositive motions as a critical area for reform. Today, IAALS announces the release of a new report, Efficiency in Motion: Recommendations for Improving Dispositive Motions Practice in State and Federal Courts, calling for a new paradigm for motion practice in the United States. The report is the culmination of nearly three years of research, surveys, and expert input into the opportunities for improvement and innovation.

Employers, particularly those in large firms, have been candid about their hiring preferences, which lean toward academic excellence. The legal profession is rampant with biases in favor of academic excellence. However, as it turns out, the best and the brightest might not be all they’re cracked up to be.

On November 6, Coconino County became the first rural county in Arizona to voluntarily change from a partisan-popular election of superior court judges to a merit selection-judicial retention election.

A first of its kind study, this landscape report brings together national data from family cases that confirms what we have long known at IAALS: family courts must do more to focus on problem solving rather than rely on the traditional structure framed around an adversarial approach.

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.

IAALS’ recent report describes a large but relatively unknown group of executive branch adjudicators who are not "Administrative Law Judges" (ALJs) governed by the Administrative Procedure Act. The report describes principal Non-ALJ characteristics, giving special attention to the degree to which agencies that employ them seek to protect their impartiality.