News & Updates

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.

Recently a federal judge in Connecticut laid the "smackdown" on World Wide Wrestling, Inc., (WWE) by denying its motion for summary judgment against two former WWE wrestlers. The wrestlers, Even Singleton and Vito LoGrasso, filed suit against WWE in…

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.

On the front of the United States Supreme Court building in Washington, D.C., is the proclamation “Equal Justice Under Law.” However, according to our Cases Without Counsel study, in some jurisdictions nearly 80 percent of people with a court case end up representing themselves. For many, not being able to afford a lawyer is the main reason for the wide justice gap.

I am so proud to present to you our 2016 Annual Report, capturing a remarkable year in our existence and representing the work of our truly visionary staff. Last year we celebrated our tenth-year anniversary. As we embark upon the next ten, in this report we embrace the theme: The Stage is Set: Lights, Camera, Innovation. Throughout the report, you will find not only evidence of what we have accomplished, but also the ways in which we are setting the stage for continuing and fundamental change. You will also find quotes from Nobel Prize-winning bards, Tony Award-winning lyricists, and favorite authors—that inspire the creative in each of us. 

In 1791, the Founding Fathers built the right to a trial by jury into the Bill of Rights in the form of the Seventh Amendment. The right to a jury trial was, and still is, seen as a cornerstone of the civil justice system in this country. So why is…

The last ten years has seen an intense and almost singular focus on discovery. E-discovery has been a big reason for this, given its impact on the entire discovery process from identification to production. Nevertheless, there is another important aspect to the pretrial system that also results in great cost and delay—motions.

In July 2016, the Conference of Chief Justices and the Conference of State Court Administrators recognized the important needs of litigants in our state courts and responded by adopting a set of 13 Recommendations focused on ensuring our courts are affordable, efficient, and fair for all.

Debtor’s prisons have been illegal in the United States for nearly 200 years, and in 1983 the United State Supreme Court’s ruling in Bearden v. Georgia again made it clear that judges cannot send people to jail simply because they do not have the…

New Mexico Supreme Court Chief Justice Charles Daniels had grim news for state legislators at his annual State of the Judiciary speech last month: the state’s judicial system may no longer be able to provide New Mexicans with adequate access to their Constitutional rights due to a crippling financial crisis.

Last year, U.S. Supreme Court Chief Justice Roberts dedicated his 2015 year-end report on the State of the Judiciary to extolling the new amendments to the Federal Rules of Civil Procedure. He noted the amendments serve as an important stride forward…

Later this week at the ABA Midyear Meeting, a panel discussion will focus on the current challenges facing our civil justice system, recommendations for achieving civil justice for all, and how to make these recommendations a reality in our state…

It has been just over a year since substantial changes were made to the Federal Rules of Civil Procedure, aimed at reducing the high costs and long delays faced by civil court litigants. And, this effort has not been limited to the federal courts. Many state-level changes have also been implemented across the country and Colorado has emerged as a leader by incorporating the federal amendments and making permanent many aspects of its Civil Access Pilot Project.

The Legal Services Corporation (LSC) released a Request for Proposals to identify potential participants in a pilot project for implementing access to justice portals. The legal access portal concept emerged from the 2013 LSC Technology Summit as one…

IAALS works extensively with partners from around the country as we take on the toughest problems in the legal system. Our Business Leadership Network brings together private sector advisors to find solutions to the challenges we face. Earlier this…

One year ago today, the long awaited amendments to the Federal Rules of Civil Procedure went into effect. The “package” of amendments included changes across a number of rules and focused on increasing cooperation, achieving proportionality in discovery, and encouraging early case management by judges. A new Rule 37(e) was added addressing sanctions for the failure to preserve electronically stored information.

On November 3, the federal Civil Rules Advisory Committee met in Washington D.C. to discuss a range of issues—from current proposed rule amendments to future projects focused on discovery practice and active judicial case management. The Committee is…

Colorado Supreme Court Chief Justice Nancy Rice is implementing a new resource for self-represented litigants—the Colorado Equal Access Center. The Center supplements the Colorado Judicial Department’s ongoing efforts to respond to a substantial justice gap in Colorado courts (and in states around the country).

On October 5, 2016, I was honored to be a panelist at IAALS’ joint Law Firm Council and Business Leadership Network meeting. There were three panels at this plenary session: 1) a panel of corporate in-house counsel; 2) a panel of outside counsel; and 3) a panel of judges (from both the federal bench and the state bench).

Implicit bias can obstruct the goal of fair, trusted, and accountable courts, and many groups have recognized how such unconscious perceptions can affect litigants, judges, and other aspects of the legal system. Recently, the American Bar Association (ABA) House of Delegates took action by adopting Resolution 116, which amended the ABA Principles for Juries and Jury Trials.