News & Updates

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.

On December 1, Rule 1 of the Federal Rules of Civil Procedure was amended to recognize that the rules should be construed, administered, “and employed by the court and the parties” to secure a just, speedy, and inexpensive determination in every case. This change is part of the long awaited amendments to the Federal Rules of Civil Procedure, and this blog is one in a series this month on the significant changes.

Just a week ago, the long awaited amendments to the Federal Rules of Civil Procedure went into effect. Of the amendments, the most significant—and controversial—changes are to Rule 26, which specifically incorporates proportionality into the scope of discovery.

As the legal world is focused on the newly implemented amendments to the Federal Rules of Civil Procedure, which went into effect December 1st, there is one group that is already thinking “what next?”—the Advisory Committee on Civil Rules. At the…

Today, December 1, the long awaited amendments to the Federal Rules of Civil Procedure go into effect. The “package” of amendments include rule changes across a number of rules (specifically Rules 1, 4, 16, 26, 30, 31, 33, and 34) and focus on increasing cooperation, achieving proportionality in discovery, and encouraging early case management by judges.

A wave of new amendments to the federal rules of civil procedure will take effect Tuesday, Dec. 1, sparking cultural and operational changes to the nation’s legal system. Approved last April by the U.S. Supreme Court, the amendments are intended to refocus the legal community on providing a just, speedy, and less expensive resolution in litigation for every case.

Our collective view of litigation is a bit like the old New Yorker map, which shows New York City magnified, and then skips most of the rest of the country, landing on the west coast. Thomas Clarke, Vice President of Research & Technology for the National Center for State Courts (NCSC), recently made that comparison, and he is right.

Lawyers, judges, and litigants alike have all come to the conclusion that the system is too expensive, complex, and time-consuming. If we are serious about having civil justice that is indeed just, speedy, and cost-effective, we have to make changes. Big changes.

We are excited to open registration for IAALS’ Fourth Civil Justice Reform Summit, which will be held in Denver, February 25-26, 2016. The Summit will feature nationally renowned faculty discussing the challenges of implementing change and engaging in a dialogue with participants regarding the necessary next steps for creating the just, speedy, and inexpensive courts of tomorrow.

The New York Times is running a series of articles on consumer-business arbitration. The writers observe that arbitration takes away transparency, due process, the right of appeal, and assurance of an impartial decision maker—all of the attributes of a court system. In exchange, it offers a speedier, cheaper process.

For the last ten years, IAALS—the Institute for the Advancement of the American Legal System—has worked to rebuild the civil justice system. After much work, and through collaboration with some of the very best minds in the country, we are finally reaching a critical goalpost in that mission.

Judges are the linchpin of the court system—the piece that that holds the wheels on. When a judge is engaged, attentive, and dedicated to assuring that each litigant gets the best the system can offer, then the process moves smoothly. When a judge is overworked, out of touch, or unprepared, then the wheels fall off.

Nearly 110 years ago, Roscoe Pound proclaimed: “Dissatisfaction with the administration of justice is as old as the law itself.” In 2015, that sentiment endures and is echoed in the mounting call for real, meaningful change in our civil justice…

The California State Bar recently issued a final opinion weighing in on the question of an attorney’s ethical duties in handling the discovery of electronically stored information. In its Formal Opinion No. 2015-193, the State Bar of California…

The concept of procedural justice has been around for almost half a century and promotes a different style of courtroom interaction. At its core, procedural justice emphasizes that judges be listeners and creative problem solvers. When judges take the time to ensure they explain and are understood, those in their courtroom have a greater likelihood of feeling respected and heard, and the outcomes viewed more positively.