News & Updates

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.

Colorado's first federal pro se clinic, which opened in June 2018, was recently approved to continue its work offering limited-scope individual services. The clinic's goal is to help unrepresented people navigate the complex federal court system in cases involving civil rights, labor and employment law, contracts, personal injury, and other areas of federal and state law.

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.

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. 

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.

From smartphones to video conferencing, there are numerous technology options that are simple, effective, and could make a great deal of difference in court users' experiences. IAALS' Eighteen Ways Courts Should Use Technology to Better Serve Their Customers explores some of these options and their potential impact on our civil justice system. 

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.

Innovations in the delivery of legal services can also be laboratories for testing innovations in legal education. Many innovations in education spring from the IAALS out-of-court divorce model and had an effect on the law students who participated in the on-campus center that provided the services.

​In June, the National Center for States Courts released the second in a series of evaluations of civil justice reform demonstration pilot projects around the country. The report details efforts in the 22nd Judicial Circuit of Illinois, located in McHenry County, where the pilot primarily focused on implementing civil case management teams, tools, technology, and the pathways approach.

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.

A number of new smartphone apps aim to make the divorce process more collaborative and less adversarial. These apps encourage teamwork around parenting plans and help to keeps things civil by building stronger communication around important issues like events with children, scheduled appointments, childcare costs, and court dates.

It is no secret that divorce poses significant problems for those who go through the legal process. The adversarial nature of the legal process can put people at odds with one another and the courts are not well-positioned to provide emotional and future-planning support. IAALS has released a new report detailing the evaluation of our out-of-court model aimed at addressing these challenges for families with children.

Online dispute resolution is emerging in courts around the country. Last month, Arizona’s Administrative Office of the Courts announced the launch of an ODR pilot program in the family courts of Pinal County, and there are also startups providing similar services through intelligent dispute resolution.

Each month, the Colorado Lawyer publishes a “Judges Corner” article written by judges on a topic in which they are experts. This month, IAALS teamed with two judges to tackle the topic of unbundling and the important role that judges must play in promoting and encouraging its use.

As state courts around the country have been responding to the Conference of Chief Justices' 2016 Call to Action for civil justice reform, IAALS, NCSC, and NCJFCJ also have been focused on developing companion recommendations for evaluating and improving the way courts handle domestic relations cases, which have just been released.