News & Updates

For young legal practitioners, integrating limited scope representation into law school curriculums is a giant step toward increasing awareness and mastery of modern legal practice. This was the position of the “Unbundling for the Next Generation” panel at the IAALS/ABA Better Access through Unbundling conference on the University of Denver campus last month. Professors Andrew Schepard, Danielle Hirsch and Luz Herrerra presented on the benefits of integrating limited scope representation into clinics and experiential classes, law school incubators, and bar events that target young lawyers, as well as educating court staff to promote referral panels.

Technology has radically altered how legal help is sought—and how it is delivered—yet there is still an overwhelming need for affordable and accessible legal services in the United States. This gulf can only be bridged when attorneys adopt new ways of approaching the practice of law and the delivery of legal services.

Hello! My name is Heather Buchanan, and I am a second-year law student at the University of Colorado Law School in Boulder. I am thrilled to be attending the 6th Annual Educating Tomorrow's Lawyers Conference in Denver this Thursday, Friday, and Saturday (October 5–7). The theme of this year's conference is "Educating Tomorrow's Lawyers... to Serve Tomorrow's Clients," which will focus on client needs, improvements in delivering legal services, and—most importantly—ways to bring those concepts into law schools to better prepare the next generation of lawyers.

The legal industry is changing. In some courts, upwards of 80% of civil and family cases involve litigants who are navigating the court system without any form of legal assistance. Research has confirmed that the primary reason so many do not have the benefit of a lawyer is because of cost. The inability to afford an attorney is no longer an issue confined to low-income Americans. Increasingly, middle-class litigants are finding themselves priced out of legal services as well. In addition, even litigants who can afford an attorney may choose to opt for self-representation in order to maintain a certain level of control over their legal matters or to keep the costs of such services down.

The Wisconsin Supreme Court recently approved a rule allowing a lawyer-mediator to draft and file settlement documents in family law cases, which can provide a more cost-effective path to divorce for families. In this situation, the lawyer’s role is limited and the he or she would not represent either party to the mediation; therefore, the lawyer may not give legal advice or advocate on behalf of either party. Parties are also encouraged to seek independent legal advice prior to signing the documents prepared by the lawyer-mediator.

Washington State’s innovative Limited License Legal Technicians (LLLT) program was recently evaluated by the National Center for State Courts and found to be a well-designed program for expanding legal assistance. LLLTs are non-lawyers who are specially trained to provide certain kinds of legal assistance. And, unlike paralegals, LLLTs practice without having to be supervised by a lawyer. Becoming a LLLT requires an associate-level degree of at least 45 credits and an additional 15 credits in family law from an ABA-approved law school. In Washington, the training is provided by the University of Washington School of Law, with Gonzaga University School of Law professors helping to teach the courses.

The Rule of Law is absolutely under attack in the United States of America—from elected officials, state legislative bodies, and groups of individuals. The attacks are apparent in politicians’ tirades, legislative proposals that would limit the authority of courts, and assaults on established principles of law such as federal versus state authority. But, the solution is not to put sandbags along the perimeters and bemoan the idiocy of some people.

Consumer demand and innovations in the legal marketplace, especially technological advances, are leading the charge for changes in the legal profession. Many legal educators, lawyers, court administrators, and judges are embracing the evolution, but others are still reluctant to disrupt the status quo.

A new report conducted by Ecorys UK, Experiences of consumers who may be vulnerable in family law, explores the impacts of personal and situational vulnerabilities for people seeking legal assistance with family law matters. Specifically, the study explored access, cost, and quality of legal representation in the modern-day legal market—a market with increasingly more options for people contemplating or experiencing involvement in the legal system.

The National Self-Represented Litigants Project (NSRLP) has launched a new resource in Canada. The National Database of Professionals Assisting SRLs contains contact information for attorneys offering unbundled legal services, and paralegals and other professionals willing to offer affordable services.

The American Bar Association’s Commission on the Future of Legal Services recently released a report that identifies problems with the delivery of legal services along with suggested remedies. According to the report, despite persistent efforts to…

The Iowa Supreme Court Family Law Case Processing Reform Task Force recently submitted its final report to the Iowa Supreme Court, concluding a year-long study of the family law court system in Iowa. The Task Force report includes a comprehensive list of recommendations for the Iowa Supreme Court’s consideration, including develop a statewide mediation program for family law cases and identifying barriers to using and encouraging the use of unbundled legal services.

As the number of self-represented litigants (or pro se litigants) continue to rise, the legal profession continues to explore alternative means of providing services beyond the traditional lawyer-client relationship. Because many litigants choose to forgo representation due to the cost of hiring an attorney, unbundled legal services are gaining more traction as a way to reduce costs while still providing valuable counsel for clients.

Last summer, the Washington State Bar Association held its first round of exams in a new Limited License Legal Technician program (LLLT) aimed at bridging the access to justice gap by allowing non-lawyers to provide legal advice and assistance in limited areas, like domestic relations/family law. Now, a recent article provides an update how the LLLT program is progressing in the state.

The June edition of 5280 Magazine highlights the reality of self-representation in Colorado’s civil courts. Referencing the first-hand experience of a litigant who navigated her way through the family court process without an attorney, the article discusses how more and more Coloradoans are without legal representation in their civil case.

Deputy Chief Administrative Judge Fern Fisher of the New York City Courts recently addressed the Colorado Supreme Court Advisory Committee and its Limited License Legal Technician (LLLTs) Subcommittee.

Are the days of retainers and hourly rate billing for legal services over? Probably not, but Avvo, Inc., may be leading the industry in this direction with a new, fixed-fee billing model. Through Avvo Legal Services (ALS), users are connected with a…

The Utah Supreme Court has approved the development of a new program to help litigants navigate the court system. A Supreme Court Task Force established to examine the issue recommended that Limited Paralegal Practitioners (LPPs) be authorized to assist clients with filling out legal forms and preparing settlements, among other tasks, in certain areas of the law, including family law. 

In 2013, the Colorado Judicial Branch created the Self-Represented Litigant Coordinator (Sherlock) program. The Sherlocks, operating in courthouses in each of Colorado’s judicial districts, assist litigants with information on court procedures, forms…

In the Jefferson County District Courthouse in Golden, Colorado, family law self-represented litigants in court on post-decree matters have a new resource available to them. The Turelli Foundation, formed by retired Judge Richard Turelli and retired…