News & Updates

The number of people representing themselves in court is on the rise, especially in family court. In response to these changing realities, lawyers are increasingly exploring alternative means of delivering their services, so people who need access to legal advice and services are not left behind—and one of these alternative methods is unbundled legal services,

Nearly 110 years ago, Roscoe Pound proclaimed: “Dissatisfaction with the administration of justice is as old as the law itself.” In 2015, that sentiment endures and is echoed in the mounting call for real, meaningful change in our civil justice…

Navigating federal court without an attorney, self-represented ( pro se) litigants are often lost “in a maze of procedural rules and arcane terminology,” regardless of the strength of their case. However, starting this past March, low-income self…

In a recent article in the California Bar Journal, Judge Mark A. Juhas of the Los Angeles County Superior Court described the numerous benefits that unbundled legal services and limited scope representation provide those seeking access to the courts…

The National Self-Represented Litigants Project (NSRLP) in Canada continues to build upon the important initial research conducted by Dr. Julie Macfarlane between 2011 and 2013. Although the original study is over, the group still receives input from…

Can the 20th Century model of legal services delivery rise to the challenges and opportunities created by changes in society and the legal industry? And, can clients get the access to justice they deserve through the traditional models of legal…

The Alaska Supreme Court has issued an Order establishing an informal trial for divorce, property division, parenting agreements, and child support cases. The informal trial process is voluntary. If both parties to a case consent to an informal trial, they will speak directly to the judge and the Rules of Evidence will be relaxed.

In a recent blog post, Richard Zorza shares some thoughts on improving services for self-represented litigants in the United States. He believes that the legal system needs an aspirational goal to address access to justice, which can ultimately move the system in the direction of meaningful change.

Courts in many countries have been striving to provide various services to help facilitate the increasing number of self-represented litigants who need their services—especially in family law cases. In Ontario, Canada, the National Self-Represented Litigants Project recently published An Open Letter to the Canadian Judiciary, meant to encourage a dialogue between self-represented litigants (SRLs) and judges, who may struggle at times to effectively assist SRLs in their courtrooms.

IAALS announces a first-of-its-kind national project to examine the growing trend of American families who represent themselves in family court. The project will include a study of self-represented litigants to discover how family courts can help them navigate the justice system to achieve fair outcomes. Study results will be used to develop recommendations for ways that state courts can meet the needs of those without an attorney.

This issue has created something of a "two-tier system" in which the haves--those with representation--and the have nots--those without--can expect substantially different results in family court cases. This inequality is something that most people would agree is just part of the legal system. But in family court cases it is often the children, not the litigants, who suffer from the inequality.

Access to justice is by no means a new conversation in the United States, but it has been a frequent topic of conversation over the last few months. The issue took to the international stage last Thursday and Friday when the United Nations Human Rights Committee asked the U.S. to account for its growing civil justice gap, with two worrisome trends dominating the discussion.

It comes as no surprise to those who work in or with the courts that many litigants these days proceed through the civil and family court system without an attorney. The figures collected and released in Indiana’s recent State of the Judiciary show that over half of all civil and family law litigants in 2013 were self-represented. And such high rates are not unique to Indiana.

In a recent article in The Colorado Lawyer, Judge Elizabeth Starrs gives practitioners insight from the bench, including helpful practice tips and an explanation of the Denver domestic relations process. Many of her observations suggest the benefits of a structured, in-court process for domestic relations disputes, with an emphasis on decreasing the adversarial nature of the proceedings—an approach also advocated by the Honoring Families Initiative.

This summer, the Brooklyn Family Court Child Support Study hopes to improve the quality of legal assistance to self-represented litigants in child custody proceedings. Observers will track whether magistrates explain to self-represented litigants the reason for the hearings, explain the courtroom proceedings, and/or exhibit irritation with the litigants. Then, the observers will follow up with the litigants in a brief interview to discern whether the litigants found the proceeding to be fair and whether they understood what took place in the courtroom.

A one-day divorce program that launched this spring in the Sacramento Superior Court is streamlining the process for self-represented litigants who have filed a dissolution of marriage case before the Court and are ready for a final judgment. According to the court, law students are playing “a vital role” in the success of the program, meeting with litigants and gathering intake data; the program is also benefiting from the assistance of volunteer attorneys who serve as Judges Pro Tem.