News & Updates

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.

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.

The State of Oregon continues to blaze a trail in civil justice reform. A new report from the Oregon Judicial Department, released at the end of June, contains recommendations to improve civil justice in the state, and it provides a master class for other states looking to reform their own systems.

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.

Since 2015, the amicable app has been helping couples in the United Kingdom facilitate their divorces. “At amicable, we believe that once a couple has made the difficult decision to separate, whatever the reasons, the emphasis should be on separating in the least painful way possible and, if children are involved, putting them first," said app co-founder Kate Daly.

The IAALS Court Compass project is exploring streamlined and simplified solutions that help people through the divorce and separation process. IAALS is partnering with the North Carolina Judicial Branch and the North Carolina Equal Access to Justice Commission to bring a design sprint workshop to Raleigh on August 11, 2018.

The issue of how to provide litigants with equal access to legal services, regardless of the litigant’s financial status, has plagued the legal community for some time now. One solution that is gaining popularity is unbundled legal services, where lawyers work on and charge clients for only those tasks that they agree to in advance.

For litigants without the help of an attorney, the American civil justice system can be difficult to understand—let alone navigate. In a recent piece for the ABA Journal, Chancellor Professor of Law Frederic I. Lederer proposed several technological advancements that can help improve access to legal resources and litigant understanding of the process.

As part of our three-year project to support the modernization and transformation of civil litigation in our state courts, IAALS has helped facilitate a series of regional strategic planning summits to help states develop an action plan for reform or other activities in their respective jurisdictions.

The National Self-Represented Litigants Project (NSRLP) recently published a paper that looks at costs awards to self-represented litigants (SRLs) in Canadian courts. The paper notes the leading Canadian cases in which SRLs have been ordered costs awards and analyzes the development of these principles in family law matters. Generally, the report concludes that Canadian courts have broadened SRLs’ ability to obtain costs. 

The ABA Center for Innovation launched a new project in April that will provide legal aid organizations with free technology that will hopefully make them more efficient and able to help more clients. The project, called "Legal Tech for a Change,” will allow the Center for Innovation to serve as a broker between legal aid organization grantees and established legal technology companies. The Center will also vet potential technology solutions.

IAALS’ own Natalie Knowlton was recently interviewed for a Chicago Tribune advice column for self-represented litigants about the problems they face and the tools available that can help increase access to justice for those navigating the legal system without a lawyer.