News & Updates

Technology has always been a key component of efforts to expand the realm of legal services. Yet, Ontario's former Attorney General Chris Bentley argues that the biggest roadblock to the development of direct to consumer legal technology tools is the lawyer monopoly on legal services.

Next week, the American Bar Association kicks off its 2020 Midyear Meeting, and the ABA Center for Innovation has submitted Resolution 115 for passage by the ABA House of Delegates. Resolution 115 would encourage jurisdictions to consider innovative approaches to increase low- and middle-income Americans’ access to justice and to collect and assess data before and after the adoption of any regulatory innovations.

As a member of the California State Bar Task Force on Access Through Innovation of Legal Services, I’m often asked how things are going with ATILS and what is coming next. Considering the recent increase in news coverage of our efforts, the critical feedback received to date, and with the Task Force recently being named to the 2020 American Bar Association’s list of Legal Rebels, I thought it was the right time to put together this quick blog post to provide everyone with an update from the Golden State.

On the final day of 2019, U.S. Supreme Court Chief Justice John Roberts issued his annual year-end report on the federal judiciary. In the report, he stresses the importance of civic education to ensure public trust and confidence in our country’s legal system.

In Ohio, state judges are currently chosen in nonpartisan general elections (although they do compete in partisan primaries). But House Bill 460 would allow judicial candidates to place their party affiliations directly on the general election ballot. If the measure becomes law, Ohio would be the second state in recent years to move from nonpartisan to openly partisan elections. 

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.

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.

In partnership with national experts, IAALS has developed three new guides to support real change in state courts. Stemming from our work on the Civil Justice Initiative and Family Justice Initiative, the guides are designed to assist in creating effective self-help information for those who need it, developing problem-solving approaches for families in court, and providing insight for judges who interface with self-represented litigants.

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.

In one of the United States Courts' latest "Court Shorts" videos, nine federal judges discuss the rule of law and its role in both the justice system and our daily lives. One after another, the judges make it clear that the rule of law is a foundational part of our legal system—and our lives as Americans.

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. 

In her final post as Executive Director, Rebecca Love Kourlis discusses the public’s low trust and confidence in the American legal system. IAALS will be rolling out the results of its research in the area over the next few months, and begins with three papers, which together kick off a part of the conversation IAALS calls “Are We at a Boiling Point?”

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.

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.