News & Updates

Law Week Colorado recently highlighted IAALS’ new report on the landscape of summary judgment motions practice. The report is intended to serve as a foundation for conversations about current practices and eventual improvements, and recognizes that motions practice—as much as discovery—has a role to play in civil justice reform.

IAALS’ recent report, Redefining Case Management, is an important update on the work being done in civil justice innovation and is a critical read for all. The report succinctly summarizes new insights that have been brought to the world of case management—along with charting the path that got us here.

​IAALS has long focused on increasing access to justice by helping courts develop policies and procedures to make civil litigation more efficient and less expensive. But it’s not just courts and judges that can improve access to justice—attorneys too can take steps to refine their practices to help bridge the justice gap.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. IAALS is partnering with the North Carolina Judicial Branch and the North Carolina Equal Access to Justice Commission to bring a design sprint workshop to Raleigh on August 11, 2018.

The issue of how to provide litigants with equal access to legal services, regardless of the litigant’s financial status, has plagued the legal community for some time now. One solution that is gaining popularity is unbundled legal services, where lawyers work on and charge clients for only those tasks that they agree to in advance.

We have never been busier at IAALS, with projects and convenings ramping up across all of our focus areas. To help facilitate this work and expand our impact nationwide, we are pleased to welcome three new staff members to our ranks. Jonna Perlinger joined IAALS in March as a legal assistant, and Michael Houlberg and Jason Zolle joined IAALS in June as managers.

For litigants without the help of an attorney, the American civil justice system can be difficult to understand—let alone navigate. In a recent piece for the ABA Journal, Chancellor Professor of Law Frederic I. Lederer proposed several technological advancements that can help improve access to legal resources and litigant understanding of the process.

As part of our three-year project to support the modernization and transformation of civil litigation in our state courts, IAALS has helped facilitate a series of regional strategic planning summits to help states develop an action plan for reform or other activities in their respective jurisdictions.

The National Self-Represented Litigants Project (NSRLP) recently published a paper that looks at costs awards to self-represented litigants (SRLs) in Canadian courts. The paper notes the leading Canadian cases in which SRLs have been ordered costs awards and analyzes the development of these principles in family law matters. Generally, the report concludes that Canadian courts have broadened SRLs’ ability to obtain costs. 

The ABA Center for Innovation launched a new project in April that will provide legal aid organizations with free technology that will hopefully make them more efficient and able to help more clients. The project, called "Legal Tech for a Change,” will allow the Center for Innovation to serve as a broker between legal aid organization grantees and established legal technology companies. The Center will also vet potential technology solutions.

Much has been done over the past five years to address the cost and delay in the civil justice process, and much of that work has focused on discovery. Recognizing that there are equal challenges and opportunities for improvement in the area of motions practice, IAALS has focused on understanding the current motions landscape and issuing recommendations for improvement. In this effort, IAALS has released a new report intended to spark a national conversation about the current challenges of summary judgment.

Changes in recent years to California’s budget, priorities, and policies have resulted in a focus on criminal over civil matters. In the yearly State of the Judiciary address, however, California Supreme Court Chief Justice Tani G. Cantil-Sakauye highlighted some of the ways California is planning to improve access to justice in its courts. Among them: better meeting the needs of self-represented litigants.

America’s civil justice system is failing to deliver on the promise of a just, speedy, and inexpensive resolution in every case. However, by taking charge of cases from their beginning to end, courts have the power to change that. IAALS’ latest report, Redefining Case Management, offers strategies to help the courts take charge of the delivery of justice in response to the changing landscape in our courts.

In Colorado, April 19, 2018, will forever be known as “The Conference of Chief Justices Day” thanks to an official proclamation by Governor John Hickenlooper. The proclamation was delivered at IAALS’ annual Rebuilding Justice Award Dinner by Doug Scrivner, Chairman of the Board of Trustees at the University of Denver and IAALS Board of Advisors Member. The dinner centered around the Conference of Chief Justices (CCJ) and honored and celebrated their leadership and work to improve America’s civil and family courts. The issue of declining confidence in the courts was the subject of another evening highlight: a fireside chat with several attending Chief Justices.

It is inspiring to watch as more and more states begin to address access to justice issues within their own courts. Arizona has been a leader in taking up the Call to Action from the Conference of Chief Justices and is in the process of implementing reforms. Arizona’s Civil Justice Reform Committee issued its report and recommendations, A Call to Reform: The Committee on Civil Justice Reform’s Report to the Arizona Judicial Council, in October 2016. The Supreme Court reviewed those recommendations and issued a series of rule changes that will take effect July 1, 2018.

​At the end of last year, I posed the question: “was 2017 a year of change?” To which I answered, “yes . . . but not enough.” I challenged the legal industry in 2018 to make goals together and support one another so we can become more client-focused, affordable and truly show the value our legal system provides. Several have accepted the challenge, including an entity that’s been a leader in advancing the legal system since its inception: IAALS. One example of their collaborative leadership was co-hosting the “Better Access through Unbundling” conference with the ABA late last year, at which I had the pleasure of being a panelist.

On Thursday, April 19, IAALS will present the Conference of Chief Justices with our highest honor: the Rebuilding Justice Award. We are thrilled that several Chief Justices from across the nation will attend and Ohio Chief Justice Maureen O’Connor, President of the Conference of Chief Justices and chair of the National Center for State Courts Board of Directors, will accept the award.

Talking about civil justice reform only gets us so far. The key to change is taking concrete steps on the ground and implementing practical solutions. IAALS’ own Rebecca Love Kourlis and Brittany Kauffman authored a piece for the Corporate Counsel Business Journal’s Civil Justice Playbook that dives into this discussion and highlights ways IAALS is working with judges and courts to make that change a reality in the realm of discovery.

We are proud to present you with IAALS' 2017 Annual Report, showcasing our efforts to help create a legal system that works for everyone. The theme this year is “Action to Justice.” Throughout the report, you will see images that are straight out of the comics. But despite the whimsical tone, the real message is that we live in times that pose great challenges to our system of justice, and superheroes must answer the call to act.

Last year, IAALS and the National Center for State Courts released a new Roadmap for Implementation to guide state courts implementing civil justice reform efforts. IAALS and NCSC will ultimately work with one state from each region of the United States as it follows the Roadmap through implementation of civil justice reform. Idaho and Maine were previously announced as Roadmap states and we are excited to add Texas and Missouri to this list. I was fortunate to visit both states last month to support their reform efforts.