News & Updates

 In an article for The Atlantic, Deborah Copaken gives us an unvarnished account of what it is like to go through the divorce process without a lawyer and exposes the difficulties faced by many litigants who choose to represent themselves in divorce court. 

Last month the Center for Computer-Assisted Legal Instruction (CALI) launched a new website service to assist SRLs navigate complex court forms. The main site, a2j.org, hosts a series of “Guided Interviews” that walk SRLs through filling out various court forms using decision trees.

Today, IAALS announces the release of a new resource, Listen > Learn > Lead: A Guide to Improving Court Services through User-Centered Design, on how best to solicit feedback from self-represented litigants and other court stakeholders. The tools provided in this guide come from the knowledge IAALS gained through the Court Compass Project design sprint workshops.

Laura Storovich, a participant in our Colorado design sprint, shares her experience going through divorce as a self-represented litigant and her thoughts on our design sprint process.

In the past several years, design thinking has gained traction in the legal field as a method for involving litigants and other stakeholders in developing improvements to the legal system. IAALS has taken design thinking one step further in applying a structured qualitative research approach to the process.

Through its Court Compass Design Sprint Workshops, IAALS invited self-represented litigants to work alongside local judges, attorneys, and court administrators to improve the family law court process and access to justice. Litigants in Massachusetts, Iowa, North Carolina, and Colorado answered the call.

Our courts face a crisis of access. In a majority of family cases—divorce, separation, and custody issues—at least one party is self-represented. With upwards of 80 to 90 percent of cases involving a self-represented party, it is essential that self-represented litigants can navigate the process and know what to expect at key stages. Partnering with experts around the country, IAALS developed Court Compass as a way to engage court users in brainstorming ways to simplify the family court process.

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.

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. 

Many courts across the country struggle with overburdened staff and inefficient processes. However,  those within the judiciary are now turning to technology to make their courts more efficient and narrow the equal justice gap. 

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.

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.

Courts are—to a great extent—in the business of customer service. A new IAALS report, Eighteen Ways Courts Should Use Technology to Better Serve Their Customers, provides a path forward to help courts use existing technologies to improve the user experience, particularly for those people who choose to represent themselves.

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.

A first of its kind study, this landscape report brings together national data from family cases that confirms what we have long known at IAALS: family courts must do more to focus on problem solving rather than rely on the traditional structure framed around an adversarial approach.

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.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. After holding successful design sprints in Boston, Des Moines, and Raleigh, the Court Compass team is planning another design sprint in the Denver metro area.

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.