News & Updates

From my perspective as the director of a law school innovation lab, legal education is disengaged from the regulatory reform effort: only a handful of legal academics have chimed in on regulatory reform or been involved in task force efforts. But legal education should join the conversation and prepare for the changes ahead, for several reasons.

On February 26, IAALS and the University of Denver Sturm College of Law had the privilege of hosting Patricia Refo, President-elect of the American Bar Association, for a talk and Q&A regarding the re-regulation of legal services. Refo gave an engaging talk that explored how re-regulation could address the access to justice gap, as well as the questions the legal profession must address in the wake of innovation. 

This week, the ABA House of Delegates passed Resolution 115, encouraging regulatory innovations to expand access to justice. The ABA now joins the Conference of Chief Justices in this call to action—putting bar leadership on this issue on par with the leadership shown by the courts.

The National Self-Represented Litigants Project has released its 2018/2019 report on the demographics of SRLs in Canada, including their income, education level, party status, and experience with legal services. While some of the results may come as no surprise, others are more eyebrow-raising.

 

Efforts to re-regulate and innovate legal services took a major step forward last week at the Conference of Chief Justices’ midyear meeting, where members adopted Resolution 2. With the adoption of this resolution, CCJ adds its voice to the chorus calling for solutions to close the justice gap and rethinking the current regulatory framework to improve and expand the legal services offered to the public.

Technology has always been a key component of efforts to expand the realm of legal services. Yet, Ontario's former Attorney General Chris Bentley argues that the biggest roadblock to the development of direct to consumer legal technology tools is the lawyer monopoly on legal services.

Next week, the American Bar Association kicks off its 2020 Midyear Meeting, and the ABA Center for Innovation has submitted Resolution 115 for passage by the ABA House of Delegates. Resolution 115 would encourage jurisdictions to consider innovative approaches to increase low- and middle-income Americans’ access to justice and to collect and assess data before and after the adoption of any regulatory innovations.

As a member of the California State Bar Task Force on Access Through Innovation of Legal Services, I’m often asked how things are going with ATILS and what is coming next. Considering the recent increase in news coverage of our efforts, the critical feedback received to date, and with the Task Force recently being named to the 2020 American Bar Association’s list of Legal Rebels, I thought it was the right time to put together this quick blog post to provide everyone with an update from the Golden State.

This spring, IAALS and the Sturm College of Law will host a three-part speaker series, bringing together perspectives from the legal profession, academia, and state supreme courts. How people access legal services not only profoundly affects justice, but also has important implications for those who study, teach, or practice law. Join us in this stimulating series of talks about changes that can help us move towards the goal of justice for all.

IAALS’ Court Compass project is all about incorporating user-centric design into courts’ reform process to engage and empower litigants in creating solutions and to help improve their trust and confidence in the legal system. The results of IAALS’ model workshops were just released in a new report, titled Redesigning Divorce: User-Driven Design for a Better Process.

Some lawyers have expressed concern that changes to the Model Rules of Professional Conduct will allow new players into the field, potentially reducing their income and/or taking their jobs. On the contrary, however, allowing new players in the business of legal services may make it possible for lawyers to scale their practices and enlarge the legal services pie for all.

Online dispute resolution platforms have existed for over two decades and have carved out an important and expanding role in the legal landscape. The 2019 International ODR Forum was held last month in Virginia, during which IAALS team members participated in discussions about the future of ODR.

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.

The American legal profession is at a crossroads. We cannot continue to expect people to confront legal problems without legal advice. IAALS’ new Unlocking Legal Regulation project is taking a bold step forward and laying the foundation for a consumer- and people-centered legal regulatory system that opens the door for more service providers, more legal services, and more sustainable practices in the marketplace.

In two promising developments for regulatory reform, the Arizona Task Force on the Delivery of Legal Services published its official report and recommendations, and the Chicago Bar Association and the Chicago Bar Foundation announced the creation of a task force to identify regulatory reform recommendations. Arizona's recommendations reflect IAALS' vision for a consumer-centered regulatory system that will better meet the needs of all people. 

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.

NCSC's 2019 Trends in State Courts explores various ways to make state court processes both more user-friendly and relevant, from newly developed apps providing people with access to legal advice to remote technology options providing better access to justice for self-represented litigants. 

The legal profession is facing an unprecedented crisis in serving the needs of people with legal problems. If ever we needed an era of regulatory reform, now, during the age of technological disruption, is the time. California, Arizona, and Utah are all taking bold action—and IAALS is in the thick of it.

With heavy hearts we share the news of IAALS Senior Director Alli Gerkman’s passing after a long battle with cancer. There are no words that can adequately convey who Alli was—and who she was to us. Alli was a force of nature. She was a captivating presence and was remarkable in her ability to connect with others. Alli knew how to get things done and how to make things work. She knew what it meant to work hard and to laugh harder. She was a teammate and a friend. And she has left an incredible legacy.

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.