News & Updates

According to IAALS’ Foundations for Practice project, legal employers and current practitioners believe that, to be successful, new attorneys right out of law school must do much more than simply refine their legal skills—they must also possess the professional competencies and characteristics that will allow them to be thrive in today’s demanding market. Today, the question remains: How can law schools adapt to meet the needs of the modern legal profession?

The percentage of self-represented litigants in many state family courts is substantial. According to a new post by the National Self-Represented Litigants Project (NSRLP), these self-represented parties often feel like outsiders in a court system that appears to them as a private club. 

For the fifth year in a row, the National Center for State Courts has conducted a comprehensive public opinion survey to gauge the level of public trust and confidence in the state courts. The State of the State Courts survey provides an important window into public views of our court system, including comparisons across past surveys and insights into key issues for the future of our state courts including self-representation and online dispute resolution.

Employers, particularly those in large firms, have been candid about their hiring preferences, which lean toward academic excellence. The legal profession is rampant with biases in favor of academic excellence. However, as it turns out, the best and the brightest might not be all they’re cracked up to be.

The National Center for State Courts recently released an “explainer video” for courts to use as a resource when educating the public about the role of our state courts. The video looks back at the establishment of the judicial branch and the vision of our founders—of a court system that makes decisions based on law not public opinion, that is fair and impartial, that is accountable to the law and the Constitution, and open to people.

Over the past two years, IAALS has been collaborating with the National Center for State Courts (NCSC) on a three-year project to support the modernization and transformation of civil litigation in our state courts. In October we hosted our final meeting for the Midwest Region in Kansas City, Missouri, where over 40 states and territories attended. 

At IAALS, much of our work centers around increasing access to civil justice—especially for those who are navigating our legal system without the assistance of a lawyer. As more and more litigants represent themselves, by choice or necessity, the need for a broader infrastructure to support them is essential, both inside and outside the court. IAALS’ Court Compass project is leading the charge in that arena.

For years, law school graduates have struggled to find full-time employment, facing a highly saturated, fiercely competitive job market. There continues to be a gap between what law schools teach and what legal employers expect from new graduates—and not enough traditional law firm positions to hire them all. 

Although the idea of equal protection under the law has long been at the heart of the American legal system, equal access to justice is still not a reality for many people. Former American Bar Association President Robert J. Grey Jr. discusses this equal justice gap in a recent piece for the ABA Journal.

Since publishing the results of our Foundations for Practice survey, we have been using those results in the second phase of the project to work with select law schools to develop a set of learning outcomes, assessments, instructional designs, and hiring tools to instill and identify desired characteristics, competencies, and skills in future lawyers. 

The family justice system was built on the assumption that litigants would be represented by lawyers, but that assumption no longer holds true. It is no secret among lawyers, court staff, and judges—if not the general population itself—that more and more people are representing themselves through their divorce process, instead of hiring an attorney.

Legal services consumers want greater access to law and justice, and teaching unbundling—or limited scope representation—in law schools is necessary for new lawyers to develop the skills they need to operate in today’s changing legal services market.

In direct response to an ABA study on attorney well-being and IAALS’ Foundations for Practice project and findings, University of Denver Sturm College of Law Professor Debra Austin brought to life a class called “Professionalism and Well-Being Skills for the Effective Lawyer,” which began this fall.

Through its Better Access through Unbundling Conference, IAALS has set the national agenda for expanding legal access through limited scope services—and the table is set for the use and growth of unbundling. Jurisdictions have the benefit of model rules, bar endorsement, and replicable models to encourage lawyers to unbundle and make that availability known to consumers.

The outcomes of the IAALS/ABA Better Access through Unbundling conference include specific directions and recommendations to make unbundling an even more significant way to advance affordable access to legal services. Now is the time to bring stakeholders together, solidify strategic plans, and dedicate resources to the advancement of unbundling.

In the most recent issue of the Bar Examiner, Alli Gerkman and I discuss the perceived skills gap that affects employment for newly graduated law students, an issue that has even greater implications for the profession as a whole when new lawyers enter the workforce unprepared or underprepared.

IAALS offers this new report for legal practitioners, service providers, and other access to justice advocates, which details the themes, recommendations, and strategic plans that emerged from our Better Access through Unbundling Conference—with takeaways for every jurisdiction, whether or not they have embraced unbundling to this point.

Many law school staff, administration, and faculty members have reached out to IAALS to learn more about how the foundations we have identified can improve their own programs, or to share with us how they use the foundations to inform their teaching models—and we are going to continue the conversation in an upcoming webinar.

​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.

Last year, we were in a bind. Our Foundations for Practice project was speeding along but we needed to develop a set of learning outcomes from our survey’s results. To do that, we needed to hire a consultant who really understood learning outcomes. Elizabeth has brought a level of expertise and thoughtfulness that gives us and our partners great confidence in the work we are doing.