News & Updates

Despite efforts by courts, communities, and bar associations around the country, there remains a serious need for tools that provide self-represented litigants with easy access to the information and resources required to appropriately navigate the court system. Technology is increasingly being leveraged in self-help solutions, and the concept of the litigant portal is at the core of this strategy.

Back in 2011, Utah implemented significant statewide changes to its rules of civil procedure governing disclosure and discovery, incorporating proportionality and presumptive discovery limits based on tiers. Once again Utah is on the leading edge, implementing a Civil Case Management Pilot Program that promotes increased judicial case management oversight.

On December 1, 2015, the long awaited amendments to the Federal Rules of Civil Procedure went into effect, including changes focused on cooperation, active judicial case management, proportionality in discovery, and preservation/sanctions. Proving…

Last week, IAALS held our annual Rebuilding Justice Award Dinner in celebration of our 10th Anniversary and the remarkable progress we've made as a national force for legal reform. Our work is not accomplished alone, which is why we honored both past awardees and current partners for their dedication and their innovation.

Ten years ago, few would have predicted that IAALS would have such an impact on the legal system. The world wasn’t exactly clamoring for another legal think tank, and aside from a few visionaries in Denver, no one foresaw the need for an organization dedicated to the improvement of the legal system rather than partisan advocacy. Yet ten years later, IAALS has succeeded not only in prompting a conversation about how cases get litigated but in touching off a broader reexamination of a number of assumptions about attorney control over litigation, discovery, and the relationship of the legal system to the people it serves.

In February, IAALS Executive Director Rebecca Love Kourlis gave the keynote address for the Denton Darrington Annual Lecture on Law and Government in Boise. Speaking on “Building the Just, Speedy, and Inexpensive Civil Courts of Tomorrow: Why We Cannot Afford to Fail,” Kourlis emphasized the importance of a robust and responsive civil justice system, and the need for reform.

IAALS is celebrating our 10th Anniversary, which means our 2015 Annual Report marks a milestone in our history. This report takes a look back at our past decade of accomplishments as well as gazes forward into the future. Hard copies also include a special, pull-out timeline—a tour de force that showcases how far we’ve come in advancing excellence in the American legal system.

As IAALS celebrates its tenth year, the Denver Business Journal sat down with Executive Director Rebecca Love Kourlis to recap her motivation for leaving the Colorado Supreme Court and founding IAALS, and the impacts made over the last decade.

Inspired in part by the work of the Conference of Chief Justice’s Civil Justice Improvements Committee, Chief Justice Scott Bales of the Arizona Supreme Court issued an Order at the end of last year establishing a new initiative for the Arizona Courts, creating a 24-member committee of judges, lawyers, and stakeholders to address ways in which civil litigation can be made more efficient and less expensive.

I spent half my legal career as a civil trial lawyer in New Hampshire trying all manner of cases in state and federal court and sometimes trying or preparing to try cases in other states and jurisdictions. I learned from some great lawyers and mentors over those years. They viewed a jury trial not as a failure of the system but as an integral part of American justice. They tried many of their cases with four or five depositions, twenty key exhibits, an expert or two, and a theory of the case. Justice was almost always served. The lawyers I admired understood the probing value of focused, incisive cross examination, the transformative power of a witness's solemn oath, the value of the courtroom's sterile unfamiliarity in a search for the truth, and the capacity and integrity of juries to render fair verdicts. They viewed trial lawyering as a craft with a noble purpose and never viewed discovery as an end it itself.

Toward the end of last year when I first read IAALS’ report, Change the Culture, Change the System: Top 10 Cultural Shifts Needed to Create the Courts of Tomorrow, I had feelings of both trepidation and hope. It said a lot of things I have often thought about, but have not always spoken up about.

I recently attended IAALS’ Fourth Civil Justice Reform Summit and served as a faculty member on several panels. It never fails that I come away from these gatherings with more ideas. I began to take notes on this question—what can we do to effect the changes to the Federal Rules of Civil Procedure?

When I was first contacted by IAALS in early 2014 about the possibility of replicating the methodology used to investigate the lived experiences of self-represented litigants in three Canadian provinces, I was thrilled. I had spent the previous two years conducting this (qualitative, interview-based) research and our results were published in 2013. While the data revealed many multi-layered complexities, diversities, and variables in the experiences of those without counsel, it underscored one new reality.

Last Thursday and Friday, February 25 and 26, IAALS hosted its Fourth Civil Justice Reform Summit, focused on creating the just, speedy, and inexpensive courts of tomorrow. The goal of the summit was to bring together stakeholders to chart the next steps for creating the just, speedy, and inexpensive courts of tomorrow.

This year marks the 10th anniversary of IAALS’ work to continuously improve America’s legal system and reestablish it as the aspirational model for justice globally. To mark this milestone, IAALS celebrates both its accomplishments and its bright future, all while tackling the most critical issues of the day. Having a trusted and trustworthy legal system is essential to our democracy, our economy, and our freedom. IAALS staff, founders, partners, sponsors, and advisors all recognize that to earn that trust, the legal system must be just, impartial, and responsive.

At the mid-winter Conference of Chief Justices meeting in late January, the Civil Justice Improvements Committee presented its draft recommendations to the Chiefs. I was present as an observer so that, as we complete the work of the recommendations, we can take the input from the midwinter meeting into account.

Over the last decade, it has been a great pleasure to work with IAALS on efforts to improve our legal process and to change our legal culture. Chief Justice John Roberts devoted his recent  “2015 Year-End Report on the Federal Judiciary” to a discussion of the groundbreaking amendments to the Federal Rules of Civil Procedure. The Chief Justice began with a description of the practice of dueling in the early 1800s and the public disgust with this means of dispute resolution that led to a wider use of the courts for resolving disputes. And, he alluded to a similar distaste for modern litigation practices characterized by “antagonistic tactics, wasteful procedural maneuvers, and teetering brinksmanship” for “wearing down opponents with creatively burdensome discovery requests or evading legitimate requests through dilatory tactics.” Clearly, there is growing recognition that we are ripe for a change in legal culture.

In December, major changes were made to the rules regarding civil procedure in federal courts. The federal rules refocus and reaffirm the legal community’s commitment to providing a just, speedy, and inexpensive resolution for everyone who brings their case to court. The new rules lay out expectations for lawyers and judges to take this promise seriously and to keep the process moving, open, and accessible for all.

At the beginning of this month, the long awaited amendments to the Federal Rules of Civil Procedure went into effect. Of the amendments, the one that changed the most following the public comment period was Rule 37(e), which was substantially revised…

An important takeaway from the May 2010 Conference on Civil Litigation held at Duke University Law School, sponsored by the Advisory Committee on Civil Rules, was that the disposition of civil actions in our federal courts could be improved by advancing early judicial case management. As a result, the package of amendments that grew out of the Duke Conference, and that went into effect on December 1 of this year, seek to promote sustained, active, hands-on judicial case management.