News & Updates

By now, the word is out that Judge Richard A. Posner is retiring from the 7th Circuit Court of Appeals. His retirement was unexpected, but his stated reasons for doing so shouldn’t be. In correspondence announcing his departure, Judge Posner sites apparent “difficulty” with his colleagues on the bench over the treatment of self-represented litigants as the motivation to leave the bench. A prompt response from Chief Judge Diane P. Wood, also on the 7th Circuit Court of Appeals, countered Judge Posner’s claim by stating, in part, “the judges and our staff attorneys take great care with pro se filings.” Judge Posner’s point, though, is more indicative of the entire justice system than a particular court and its staff attorneys.

A recent study conducted for Voices for Civil Justice, with support from the Public Welfare Foundation, found that voters strongly favor reform of the civil justice system. Overwhelming majorities of voters believe it is important to “ensure that everyone has access to the civil justice system” and “strongly support a wide range of services to enhance access.” Moreover, voters support increasing state funding to build a more accessible civil justice system. The survey highlights that equal justice under the law in our society is fundamental, with voters considering it a right, not a privilege.

In three quarters of all civil cases, at least one party is going to court without an attorney and navigating a legal system not designed for the layperson’s use. To help potential litigants, some courts are leveraging technology and developing websites and portals that offer a vast amount of information and resources. However, these offerings vary widely in courthouses across the country. With the goal of helping bridge what has become an access-to-justice gap, IAALS today announced the release of Court Compass: Mapping the Future of User Access Through Technology, a compendium and analysis of court-offered solutions for self-represented litigants (SRLs), along with maturity models to guide the development of integrated solutions in courts nationwide.

The Rule of Law is absolutely under attack in the United States of America—from elected officials, state legislative bodies, and groups of individuals. The attacks are apparent in politicians’ tirades, legislative proposals that would limit the authority of courts, and assaults on established principles of law such as federal versus state authority. But, the solution is not to put sandbags along the perimeters and bemoan the idiocy of some people.

Consumer demand and innovations in the legal marketplace, especially technological advances, are leading the charge for changes in the legal profession. Many legal educators, lawyers, court administrators, and judges are embracing the evolution, but others are still reluctant to disrupt the status quo.

On the front of the United States Supreme Court building in Washington, D.C., is the proclamation “Equal Justice Under Law.” However, according to our Cases Without Counsel study, in some jurisdictions nearly 80 percent of people with a court case end up representing themselves. For many, not being able to afford a lawyer is the main reason for the wide justice gap.

A new report conducted by Ecorys UK, Experiences of consumers who may be vulnerable in family law, explores the impacts of personal and situational vulnerabilities for people seeking legal assistance with family law matters. Specifically, the study explored access, cost, and quality of legal representation in the modern-day legal market—a market with increasingly more options for people contemplating or experiencing involvement in the legal system.

The Legal Services Corporation (LSC) released a Request for Proposals to identify potential participants in a pilot project for implementing access to justice portals. The legal access portal concept emerged from the 2013 LSC Technology Summit as one…

The National Self-Represented Litigants Project (NSRLP) has launched a new resource in Canada. The National Database of Professionals Assisting SRLs contains contact information for attorneys offering unbundled legal services, and paralegals and other professionals willing to offer affordable services.

Colorado Supreme Court Chief Justice Nancy Rice is implementing a new resource for self-represented litigants—the Colorado Equal Access Center. The Center supplements the Colorado Judicial Department’s ongoing efforts to respond to a substantial justice gap in Colorado courts (and in states around the country).

The American Bar Association recently launched a free, new resource for income-eligible users with civil law-related questions. The virtual legal advice clinic— ABAFreeLegalAnswers.org—is an online version of the walk-in advice clinic model and…

The American Bar Association’s Commission on the Future of Legal Services recently released a report that identifies problems with the delivery of legal services along with suggested remedies. According to the report, despite persistent efforts to…

A just-released report recommending concrete improvements in the American civil justice system has been endorsed by the Conference of Chief Justices (CCJ), the country’s association of top state judicial leaders. The report—released last week at CCJ’s annual conference in Jackson, Wyoming—calls on state judicial leaders to implement 13 recommendations.

As a pro se (or self-represented) litigant, imagine being faced with an overwhelming system of protocol, etiquette, deadlines, rules, and legalese. You are expected to navigate this foreign world to keep everything you care about from breaking as it spins to the ground. This system is one that takes attorneys years to understand.

The National Self-Represented Litigants Project (NSRLP) recently released Canadian data on case outcomes for self-represented litigants (SRLs). These new figures come shortly after NSRLP published research showing that in cases where a self-represented litigant faces a motion for summary judgment brought by a represented party, 95% of SRLs will have their cases dismissed. 

The June edition of 5280 Magazine highlights the reality of self-representation in Colorado’s civil courts. Referencing the first-hand experience of a litigant who navigated her way through the family court process without an attorney, the article discusses how more and more Coloradoans are without legal representation in their civil case.

Today, IAALS unveiled two new reports—one of which captures the experiences of litigants navigating U.S. family courts without attorneys, and the other makes recommendations for courts and others to help better serve these litigants. There is broad consensus that, in some courts, upwards of 80–90% of family cases involve at least one self-represented party. In many instances, when parties are not represented, difficulties arise for litigants and courts alike. Cases Without Counsel highlights a very real justice gap and gives urgency to the challenge of creating client-centric family law courts and processes.

The National Center for Access to Justice at Cardozo Law School recently released the Justice Index 2016—an updated version of the 2014 Index.

Despite efforts by courts, communities, and bar associations around the country, there remains a serious need for tools that provide self-represented litigants with easy access to the information and resources required to appropriately navigate the court system. Technology is increasingly being leveraged in self-help solutions, and the concept of the litigant portal is at the core of this strategy.

As is true in many jurisdictions, Arizona courts are finding that self-represented parties are heavily concentrated in family law matters, like divorce, child support, and custody. With little or no legal experience, litigants are navigating these complex processes by themselves—with many citing lawyer costs as prohibitive. .