News & Updates

The best lawyers are not the ones that leave “no stone unturned” but rather they are the ones who know which stones are critical to the outcome of the dispute. This type of professional judgment lies at the core of every successful litigator, and this message is reinforced loud and clear in IAALS’ Recommendations for Improving Dispositive Motions Practice in State and Federal Courts.

In December 2018, NCSC issued its Final Report for the Arizona Superior Court’s three-year Commercial Court Pilot Program, which provides a formal analysis of the impact of the Commercial Court in cases not involving emergency relief, and offers additional recommendations to help streamline the now permanent Commercial Court.

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.

In an important step toward making family courts more user-friendly and less adversarial, the Conference of Chief Justices has adopted new guidelines to help courts be more responsive to the needs of families.

“Justice for all.” It is a promise of American democracy and enshrined in our Pledge of Allegiance. And yet, it is not a reality. IAALS wants to change all of that. We are proud to present you with our 2018 Annual Report, which highlights our work and accomplishments within this important context.

This month IAALS is co-hosting the third in a series of webinars with the National Center for State Courts focused on providing practical information and guidance on implementing civil justice reform, titled, "Civil Justice Reform: Making Motions Practice More Effective and Efficient." The webinars are part of our three-year Civil Justice Initiative implementation project focused on providing support for on-the-ground reform through education, expert assistance, regional action planning summits, demonstration projects, and a variety of tools.

Next month IAALS will participate in an American Bar Association webinar, titled Hurricanes, Floods, and Fires, Oh My!: How to Improve Discovery in a Flood of Post-Disaster Property Insurance Lawsuits, which will also feature IAALS' initial discovery protocols for first-party insurance cases arising from disasters. 

The National Self-Represented Litigants Project (NSRLP), recently announced the launch of their rebranded blog, “The Access Revolution Blog: Dispatches from the Frontlines.” The goal of the blog is to serve as a collaborative platform, breaking down the disconnect between users of the court and legal stakeholders, and to offer practical solutions to address the access to justice problem in Canada. 

 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. 

Today, IAALS announces the release of The Initial Discovery Protocols for First-Party Insurance Property Damage Cases Arising from Disasters Protocols, which provides a new pretrial procedure for cases involving first-party insurance property damage claims arising from man-made or natural disasters. 

Done right, summary judgment expedites the just resolution of a case—that’s the whole reason we have Rule 56. Our challenge as judges and lawyers is to make dispositive motion practice advance that purpose. While lawyers have traditionally filed such motions if, when, and as often as they pleased, this is a recipe for excess or—worse—abuse. Dispositive motions work best when they are part of a plan for moving the case toward resolution.

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.

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.

Judges and attorneys from across the country point to dispositive motions as a critical area for reform. Today, IAALS announces the release of a new report, Efficiency in Motion: Recommendations for Improving Dispositive Motions Practice in State and Federal Courts, calling for a new paradigm for motion practice in the United States. The report is the culmination of nearly three years of research, surveys, and expert input into the opportunities for improvement and innovation.

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. 

The road to recovery is arduous for disaster victims. For the increasing numbers of those victims who end up in court in an effort to recover damages, the process can be protracted and complex. Courts are quickly overwhelmed by the volume and complexity of the cases and these challenges quickly frustrate victims already struggling to rebuild. But even with a documented upswing in both the number and severity of natural disasters, it doesn’t have to be this way.

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.

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.