News & Updates

Efforts to re-regulate and innovate legal services took a major step forward last week at the Conference of Chief Justices’ midyear meeting, where members adopted Resolution 2. With the adoption of this resolution, CCJ adds its voice to the chorus calling for solutions to close the justice gap and rethinking the current regulatory framework to improve and expand the legal services offered to the public.

IAALS, in conjunction with the ACTL, has released a new report that highlights key civil case management techniques for judges that have the potential to streamline litigation in their courtrooms. Working Smarter, Not Harder: How Excellent Judges Manage Cases documents the recommendations and key practices of nearly 30 state and federal trial court judges, who were identified as being outstanding and efficient case managers.

The District of Columbia Judicial Nomination Commission reported an increase in judicial applicants from 2010 to 2011, including an upswing in the number of applicants from larger law firms. The commission's chair attributed this to a greater effort by the commission to reach out to attorneys representing a cross-section of the bar.

In a recent article, IAALS Board of Advisors Member Jeremy Fogel challenges federal courts to use the data and information gathered through COVID-19-related emergency measures to evaluate and implement more modern court processes going forward. The federal courts’ remote technology response is unprecedented in its history, and they have a unique opportunity to seize on this change.

It is undisputed that divorce can be a costly endeavor for families, but a recent study from Great Britain suggests that the economic impact of divorce extends far beyond the family unit. This month, Great Britain’s Welfare Minister released alarming statistics from a recent study by the Relationships Foundation. The study estimated that family breakdown costs the country £46 billion a year—£1,541 for every taxpayer.

The March 2012 edition of Selection Snapshots is now available.

The Stanford Legal Design Lab's Legal Help FAQs is a central national platform where people can find information on eviction (and related issues) and links to resources that are specific to their area. This work represents an important step forward in the movement to make relevant legal information more readily accessible and understandable to those who need it. 

IAALS is pleased to announce a $50,000 gift from El Pomar Foundation in support of a groundbreaking series of national conversations. Dubbed “DIAALOGUES,” the project allows IAALS to do what it does best—bring together the best minds in the country to forge solutions to the most pressing issues facing the American legal system.

The senate voted unanimously to replace the existing judicial disciplinary body—the court on the judiciary—with a new entity known as the board of judicial conduct. The state bar and the supreme court would no longer have a role in selecting members of the disciplinary body, and greater transparency in its work would be required.

Throughout the COVID-19 pandemic, we have learned to operate almost wholly online—something that many thought was impossible. However, while this move has brought with it a number of positive effects, it has also exposed a digital divide that must be addressed in order for there to be equity in our justice system.

Many advocates for legal education reform state that the traditional Socratic lecture model in law schools must be supplemented by experiential learning. Professor Kathleen Elliott Vinson of Suffolk University Law School, an Educating Tomorrow's Lawyers Consortium school, recently published a paper advocating for experiential learning through a curriculum that emphasizes problem-solving.

In the context of retention opposition campaigns against three supreme court justices, the Florida Bar, the American Bar Association, and the League of Women Voters of Florida launched a “The Vote’s in Your Court” public education campaign.

In May 2021, amendments to the Utah Rules of Civil Procedure went into effect, several of which provide better notice of parties’ rights and obligations at the outset and throughout a lawsuit. The rule amendments are also paired with forms that include notice of rights in plain language and in multiple languages.

The outcome of governors' races in at least two states—Florida and Kansas—will have meaningful implications for those states' courts. Florida's next governor could have the opportunity to fill four of seven seats on the supreme court. In Kansas, the gubernatorial candidates have a fundamental area of disagreement involving how state supreme court justices should be chosen.

As the Director of Custom Program, Training and Curriculum for NITA, Terre Rushton (also a member of our Advisory Committee) helps firms address their professional development needs. NITA's learning-by-doing programs are known for developing the fundamental skills (core competencies) that clients expect from associates.

Under many states’ current regulatory framework, a lawyer is the only option when it comes to addressing legal issues. Fortunately, however, a number of states are looking beyond lawyers—to limited licensed paraprofessionals, lay advocates, court navigators, and other types of allied legal professionals—in order to close the justice gap. And that number is growing.  

One of the current proposed amendments to the Federal Rules of Civil Procedure addresses preservation of electronically stored information (ESI). The new proposed Rule 37(e) provides a safe harbor against penalties if a party has taken “reasonable steps” to preserve the ESI. Tom Allman, a retired General Counsel and current Adjunct Professor who frequently writes and speaks on this topic, has written an article discussing the “reasonable steps” language and its implications.

According to data presented by Russell Wheeler of the Brookings Institution, President Obama has seen a higher judicial confirmation rate (92 percent) after six years in office than did President George W. Bush (84 percent) and President Clinton (89 percent) at this point in their terms. President Obama is also making his mark on the federal courts in terms of diversity. The 305 Obama-nominated judges are the most diverse group ever.

In Michigan, where three of the seven seats on the state supreme court are on the ballot in November, there is much attention focused on its Judicial Selection Task Force's recent recommendations. IAALS Executive Director Rebecca Love Kourlis and Chief Justice Ruth McGregor (Ret. – AZ), Chair of the O'Connor Advisory Committee to the Quality Judges Initiative, testified before this group and participated in a public forum last year.

The State Bar of California’s foray into legal regulatory innovation has a relatively long history, yet its progress will be halted and disregarded unless Governor Newsom stands up to special-interest attorney groups.