News & Updates

The Independent Review of Legal Services Regulation has published its final report, which is designed to assist the government in assessing the current regulatory framework for legal services in England and Wales and contribute to the momentum around new frameworks for regulation.

While the pandemic's disruption increases the need for systemic improvements, it also offers a distinct opportunity to achieve them. As we respond to COVID-19, we should learn from the new efforts underway and work to make long-term, fundamental changes. Let’s seize this opportunity to make the changes we need to provide justice we can believe in.

This month, The Pew Charitable Trusts released a new report that looks at trends in debt collection lawsuits in the United States and suggests steps that courts can take to modernize our state civil justice system and ensure access to justice. The economic impacts of the pandemic make these recommendations all the more critical and timely.

Last year, IAALS surveyed members of the American Board of Trial Advocates about their trust and confidence in the legal system and factors that influence their perspectives. A substantial majority of respondents reported high levels of confidence in both the state and federal court systems, but others gave us reasons for their declining confidence.

Earlier this year, the National Center for State Courts published a set of recommendations for the redesign of the Marion Superior Court in Indianapolis, Indiana. Many of the suggestions stem from the Family Justice Initiative—supported by IAALS and the NCSC—and its Principles for Family Justice Reform.

The United States of America leads the world in many areas of democracy, technology, economy, and culture, but what holds back American citizens from accessing justice when they need it? In times of extreme uncertainty, such as the current COVID-19 pandemic, this is a critical question.

In January, the Association of Family and Conciliation Courts' Family Court Review published an article highlighting the key takeaways, proposals, and results from last spring's Plain and Simple: Making the Legal System Accessible to All conference. The conference was directed at the immense need for plain language and simplification reform efforts, and was co-sponsored by IAALS.

On Thursday, March 12, the State Bar of California Trustees voted to postpone passing the motion to explore the development of a regulatory sandbox to May. In my eyes, every day, hour, or minute of delay leads to bad legal outcomes for Californians. Our legal system is in crisis. Now, as a community, we have to turn our kinetic access-to-justice energy into focused action.

People look to our legal system for help in matters that affect their rights, their families, their businesses, and the most intimate aspects of their lives. But, for too long and for too many, the courthouse doors seem closed—and justice out of reach. IAALS is changing that. We are proud to present you with our 2019 Annual Report, which highlights our work and accomplishments toward ensuring that everyone has access to justice we can believe in.

In today’s increasingly busy and connected world, electronic notifications play a significant role in keeping us up to date. One would expect that due to the serious nature of court proceedings that the courts would be up-to-date with messaging or other communication capabilities, but unfortunately that is not the case. However, many courts are beginning to change that reality.

To address the challenges posed by the rising number of debt collection cases in our state courts—including high rates of self-represented litigants and default judgments—IAALS and the National Center for State Courts have released a new white paper that presents a model approach to reform in these cases.

On February 26, IAALS and the University of Denver Sturm College of Law had the privilege of hosting Patricia Refo, President-elect of the American Bar Association, for a talk and Q&A regarding the re-regulation of legal services. Refo gave an engaging talk that explored how re-regulation could address the access to justice gap, as well as the questions the legal profession must address in the wake of innovation. 

The National Self-Represented Litigants Project has released its 2018/2019 report on the demographics of SRLs in Canada, including their income, education level, party status, and experience with legal services. While some of the results may come as no surprise, others are more eyebrow-raising.

 

More and more courts are working to address backlogged cases and court users' dissatisfaction. In just the last few months, several Midwestern courts have taken steps to introduce more technology into their courts, removing barriers that many litigants face, especially those who represent themselves.

Artificial intelligence is no longer just the stuff of science fiction, as more and more entities globally—courts included—are exploring how AI can be utilized to improve processes and help customers solve problems more efficiently. The introduction of AI into courtrooms is exciting, yet it also raises numerous concerns and questions from the legal community.

IAALS’ Court Compass project is all about incorporating user-centric design into courts’ reform process to engage and empower litigants in creating solutions and to help improve their trust and confidence in the legal system. The results of IAALS’ model workshops were just released in a new report, titled Redesigning Divorce: User-Driven Design for a Better Process.

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.

Online dispute resolution platforms have existed for over two decades and have carved out an important and expanding role in the legal landscape. The 2019 International ODR Forum was held last month in Virginia, during which IAALS team members participated in discussions about the future of ODR.

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.