News & Updates

This week, the ABA House of Delegates passed Resolution 115, encouraging regulatory innovations to expand access to justice. The ABA now joins the Conference of Chief Justices in this call to action—putting bar leadership on this issue on par with the leadership shown by the courts.

The National Self-Represented Litigants Project has released its 2018/2019 report on the demographics of SRLs in Canada, including their income, education level, party status, and experience with legal services. While some of the results may come as no surprise, others are more eyebrow-raising.

 

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.

Technology has always been a key component of efforts to expand the realm of legal services. Yet, Ontario's former Attorney General Chris Bentley argues that the biggest roadblock to the development of direct to consumer legal technology tools is the lawyer monopoly on legal services.

Next week, the American Bar Association kicks off its 2020 Midyear Meeting, and the ABA Center for Innovation has submitted Resolution 115 for passage by the ABA House of Delegates. Resolution 115 would encourage jurisdictions to consider innovative approaches to increase low- and middle-income Americans’ access to justice and to collect and assess data before and after the adoption of any regulatory innovations.

On January 1, 2020, Michigan implemented its first major overhaul of its civil discovery rules in nearly forty years. A State Bar Association Committee was formed in 2017 to evaluate the current rules and recommend amendments that could help increase access to the courts; as a foundation to its work, the Committee looked to the 2015 federal civil rule amendments, the discovery innovations in other states, IAALS’ research and recommendations, and the Conference of Chief Justices’ national recommendations for state reform.

As a member of the California State Bar Task Force on Access Through Innovation of Legal Services, I’m often asked how things are going with ATILS and what is coming next. Considering the recent increase in news coverage of our efforts, the critical feedback received to date, and with the Task Force recently being named to the 2020 American Bar Association’s list of Legal Rebels, I thought it was the right time to put together this quick blog post to provide everyone with an update from the Golden State.

This spring, IAALS and the Sturm College of Law will host a three-part speaker series, bringing together perspectives from the legal profession, academia, and state supreme courts. How people access legal services not only profoundly affects justice, but also has important implications for those who study, teach, or practice law. Join us in this stimulating series of talks about changes that can help us move towards the goal of justice for all.

On the final day of 2019, U.S. Supreme Court Chief Justice John Roberts issued his annual year-end report on the federal judiciary. In the report, he stresses the importance of civic education to ensure public trust and confidence in our country’s legal system.

More and more courts are working to address backlogged cases and court users' dissatisfaction. In just the last few months, several Midwestern courts have taken steps to introduce more technology into their courts, removing barriers that many litigants face, especially those who represent themselves.

Artificial intelligence is no longer just the stuff of science fiction, as more and more entities globally—courts included—are exploring how AI can be utilized to improve processes and help customers solve problems more efficiently. The introduction of AI into courtrooms is exciting, yet it also raises numerous concerns and questions from the legal community.

In Ohio, state judges are currently chosen in nonpartisan general elections (although they do compete in partisan primaries). But House Bill 460 would allow judicial candidates to place their party affiliations directly on the general election ballot. If the measure becomes law, Ohio would be the second state in recent years to move from nonpartisan to openly partisan elections. 

Last month, Australia’s Attorney-General announced he would continue with a plan to merge the specialist Family Court of Australia with the lower-level Federal Circuit Court, with the aim to improve efficiency, but not everyone is convinced.

The role of technology and the Internet in our legal system is changing just as fast as technology and the Internet itself. And social media can be a minefield when it comes to impartiality. 

In my first three months as Executive Director of IAALS, I have been able to visit with many of our partners and supporters in Colorado and across the nation. I’ve enjoyed these meetings and the uniformly encouraging welcome. When I introduce myself, three questions often follow: What drew me to IAALS from the Arizona Supreme Court? Do I miss being a judge? And what are my initial impressions and goals?

IAALS’ Court Compass project is all about incorporating user-centric design into courts’ reform process to engage and empower litigants in creating solutions and to help improve their trust and confidence in the legal system. The results of IAALS’ model workshops were just released in a new report, titled Redesigning Divorce: User-Driven Design for a Better Process.

Small and mid-size business owners struggle with access to justice issues just as individuals do, with real ramifications for their businesses and their communities. Through the US Justice Needs project, IAALS will be surveying businesses, from small to large, so that we can better understand justice needs from their perspective. 

Eldercaring Coordination is an innovative dispute resolution process for high-conflict cases, providing an alternative to the traditional adversarial court process. By directly focusing on elders and their legally authorized decisionmakers, Eldercaring Coordination helps families work together to regain harmony and make decisions for the elder that all family members can agree on. 

IAALS is excited to announce the creation of a new Advisory Committee in support of its US Justice Needs project, which is conducting research to assess the justice needs of people and businesses in the United States. The Advisory Committee will inform the work of the project, including assisting in tailoring HiiL’s individual survey for administration in the United States and developing a survey for businesses.

Some lawyers have expressed concern that changes to the Model Rules of Professional Conduct will allow new players into the field, potentially reducing their income and/or taking their jobs. On the contrary, however, allowing new players in the business of legal services may make it possible for lawyers to scale their practices and enlarge the legal services pie for all.