News & Updates

In my first three months as Executive Director of IAALS, I have been able to visit with many of our partners and supporters in Colorado and across the nation. I’ve enjoyed these meetings and the uniformly encouraging welcome. When I introduce myself, three questions often follow: What drew me to IAALS from the Arizona Supreme Court? Do I miss being a judge? And what are my initial impressions and goals?

Small and mid-size business owners struggle with access to justice issues just as individuals do, with real ramifications for their businesses and their communities. Through the US Justice Needs project, IAALS will be surveying businesses, from small to large, so that we can better understand justice needs from their perspective. 

IAALS is excited to announce the creation of a new Advisory Committee in support of its US Justice Needs project, which is conducting research to assess the justice needs of people and businesses in the United States. The Advisory Committee will inform the work of the project, including assisting in tailoring HiiL’s individual survey for administration in the United States and developing a survey for businesses.

Some lawyers have expressed concern that changes to the Model Rules of Professional Conduct will allow new players into the field, potentially reducing their income and/or taking their jobs. On the contrary, however, allowing new players in the business of legal services may make it possible for lawyers to scale their practices and enlarge the legal services pie for all.

The legal system has been regulated so tightly that it has led to a world where only a fraction of the citizens who require legal services can access them, and we cannot afford to fail those who cannot afford legal representation. Unlocking legal regulation is the answer and stands at the heart of the worthy efforts underway in states across the country.

Last month, the University of Pennsylvania Law School announced the launch of their Future of the Profession Initiative. The initiative aims to “Teach, Lead, and Transform” by looking at ways law schools can “adopt a holistic vision” for the formation of lawyers, both during law school and on through their careers. 

The American legal profession is at a crossroads. We cannot continue to expect people to confront legal problems without legal advice. IAALS’ new Unlocking Legal Regulation project is taking a bold step forward and laying the foundation for a consumer- and people-centered legal regulatory system that opens the door for more service providers, more legal services, and more sustainable practices in the marketplace.

What is it that clients value in, and want from, their lawyers? How does a lawyer meet the requirements of their clients? This information has traditionally been gathered informally and only shared internally within offices that collect client feedback. To address this gap in our understanding, IAALS partnered with Avvo to create Think Like a Client. This report uses an evidence-based approach to illuminate clients' preferences, needs, and expectations when working with their attorneys, providing valuable and much-needed insight into how lawyers can better serve their clients.

Limited legal license programs, such as the one in Washington state that NCSC is beginning to evaluate this month, can effectively contribute to the expansion of the way legal services are delivered. However, their success may be hampered if they are weighed down by excessive limitations and restrictions.

Pro bono work, while worthwhile and commendable, cannot supplant for the need for a significant change in the way our legal system is regulated. 

In two promising developments for regulatory reform, the Arizona Task Force on the Delivery of Legal Services published its official report and recommendations, and the Chicago Bar Association and the Chicago Bar Foundation announced the creation of a task force to identify regulatory reform recommendations. Arizona's recommendations reflect IAALS' vision for a consumer-centered regulatory system that will better meet the needs of all people. 

IAALS submitted this comment to the California State Bar Task Force on Access Through Innovation for Legal Services (ATILS) as part of its request for public comment on its tentative regulatory recommendations for enhancing the delivery of, and access to, legal services. Through our Unlocking Legal Regulation project, which is launching soon, we are partnering with Utah to bring bold innovation to the realm of legal regulation and the provision of legal services.

NCSC's 2019 Trends in State Courts explores various ways to make state court processes both more user-friendly and relevant, from newly developed apps providing people with access to legal advice to remote technology options providing better access to justice for self-represented litigants. 

The legal profession is facing an unprecedented crisis in serving the needs of people with legal problems. If ever we needed an era of regulatory reform, now, during the age of technological disruption, is the time. California, Arizona, and Utah are all taking bold action—and IAALS is in the thick of it.

In the first-ever, broad-based research of its kind, IAALS is partnering with HiiL to assess the justice needs of people and businesses in the United States. The issue of access to justice is broader and deeper in our society than has historically been recognized. What we learn will provide the insight we need to reform the American legal system and tailor services to meet the needs of all users.

With heavy hearts we share the news of IAALS Senior Director Alli Gerkman’s passing after a long battle with cancer. There are no words that can adequately convey who Alli was—and who she was to us. Alli was a force of nature. She was a captivating presence and was remarkable in her ability to connect with others. Alli knew how to get things done and how to make things work. She knew what it meant to work hard and to laugh harder. She was a teammate and a friend. And she has left an incredible legacy.

Based on IAALS' model for out-of-court divorce, the Family Resolutions Specialty Court in Massachusetts helps parents of minor children work through issues related to divorce, separation, paternity, and more—and keeps the focus on the best interests of the child.

As thousands prepare to sit for the bar exam, IAALS is spearheading an empirical effort to define the minimum competence they need to practice law and to ensure the fairness, efficacy, and validity of the bar exam itself.

As state courts work to serve the substantial numbers of litigants who navigate the civil and family court process without an attorney, they are taking a variety of approaches. One approach is the use of “nonlawyer navigators.” A recent study from the Justice Lab at Georgetown Law Center identified and analyzed 23 nonlawyer navigator programs and provides recommendations.

Ken has been with IAALS' Board of Advisors since 2015, and as an early supporter of our work in legal education, Ken has served the Board as a thoughtful, candid, and generous member. We thank him for his insight and many contributions over the years.