News & Updates

More and more states are focused on civil justice reform in an effort to ensure their courts are accessible, efficient, and relevant to all. Arizona has been a long time leader in civil justice reform, and issued a series of rule changes that recently took effect July 1, 2018.

IAALS’ recent publication, Redefining Case Management, provides an updated set of civil case management guidelines. Notably, the discussion surrounding strong case management by the court is not focused on the overall pace of litigation; the goals are “fair, efficient, and accountable” case management, not just faster litigation.

Our courts are suffering from a severe lack of public confidence. In a recent piece for the ABA Journal, ABA President-elect Judy Perry Martinez suggests that the causes are twofold, and to begin rebuilding public trust and confidence in our courts, she has a few suggestions.

How do I spend most of my time as a federal court district judge? The best part of my job is presiding at a trial with good trial lawyers. But unfortunately that does not happen as often as I would like both because there has been a decline in trials and, with that, a decline in lawyers who have trial experience.

Tom Clarke is a gift. He is brilliant, collaborative, good-natured, and visionary. So many of the good ideas that are bubbling through the court systems in the United States today can be traced back to Tom. As a community of court geeks, court reformers, and court lovers, we owe a great deal to him.

The State of Oregon continues to blaze a trail in civil justice reform. A new report from the Oregon Judicial Department, released at the end of June, contains recommendations to improve civil justice in the state, and it provides a master class for other states looking to reform their own systems.

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.