News & Updates

The executive board of the state Republican Party voted to oppose the retention of three supreme court justices in November.

Back in 2011, Utah implemented significant statewide changes to its rules of civil procedure governing disclosure and discovery, incorporating proportionality and presumptive discovery limits based on tiers. Once again Utah is on the leading edge, implementing a Civil Case Management Pilot Program that promotes increased judicial case management oversight.

IAALS Executive Director Rebecca Love Kourlis was recently profiled in this month's issue of The Colorado Lawyer. The article, written by Justice Mary Mullarkey, discusses the rise of women to the judicial bench and focuses on the three female justices who have completed their terms on the Colorado Supreme Court.

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.

Responding to the Oklahoma Civil Justice Council’s rating of justices standing for retention based on their decisions in civil liability cases, a group known as “Yes for Fair and Impartial Judges” mounted an educational campaign to encourage voters to consider the justices’ integrity, fairness, and impartiality.

It’s September which means at IAALS, it's time for our 5th Annual Educating Tomorrow’s Lawyers Conference. This year’s Conference comes fresh off the heels of ETL’s groundbreaking report, Foundations for Practice: The Whole Lawyer and the Character Quotient, which revealed the keys to career success.

In August, the American Bar Association formed the Task Force on the Future of Legal Education to analyze the challenges facing law schools. The Task Force is now seeking comments about the goals law schools should adopt; student demographics; how schools should be financed and accredited; and the ways in which law school costs affect students and the legal profession.

Later this week at the ABA Midyear Meeting, a panel discussion will focus on the current challenges facing our civil justice system, recommendations for achieving civil justice for all, and how to make these recommendations a reality in our state…

Approximately one year ago, on November 1, 2011, the U.S. District Court for the Southern District of New York implemented a Pilot Project Regarding Case Management Techniques for Complex Civil Cases. The Board of Judges has now extended the pilot project for an additional eighteen months, to expire September 30, 2014.

IAALS board member Russell Wheeler discusses recent proposals to apply the United States Judicial Conference's Code of Conduct for United States Judges to members of the Supreme Court and establish a new appellate route to review recusals.

The Wisconsin Supreme Court recently approved a rule allowing a lawyer-mediator to draft and file settlement documents in family law cases, which can provide a more cost-effective path to divorce for families. In this situation, the lawyer’s role is limited and the he or she would not represent either party to the mediation; therefore, the lawyer may not give legal advice or advocate on behalf of either party. Parties are also encouraged to seek independent legal advice prior to signing the documents prepared by the lawyer-mediator.

The Western District of Washington has amended its Local Civil Rules, which include their express purpose of promoting “the just, efficient, speedy, and economical determination of every action and proceeding.” Local Rule 26(f) states that the proportionality standard set forth in Fed. R. Civ. P. 26(b)(2)(C) “must be applied in every case when parties formulate a discovery plan and promulgate discovery requests.”

Jordan Furlong, who wrote last week about what he called " the decline and fall of law school," came back to the topic of legal education. This time he focused on new lawyer training and looked at, among other ideas, the "teaching law firm." Click…

This month, the Brennan Center for Justice at NYU School of Law and the American Bar Association Judicial Division released Building a Diverse Bench: Selecting Federal Magistrate and Bankruptcy Judges, a resource that offers practical steps the federal judiciary can take to promote a more diverse bench. A diverse bench is essential to an effective judiciary. A bench that reflects the diversity of the public it serves enhances public confidence in the role of the courts in our democracy, and provides role models for groups underrepresented in the legal profession. And diversity is more than symbolic—having broader perspectives on the bench produces a richer jurisprudence, incorporating a wider and more representative range of experiences, backgrounds, and perspectives.

The oldest advice in the world is that the trick is not in knowing the answers—rather it is in knowing the right questions to ask. Such advice has broad application, and in the current debate about legal education, it is quite possible that the wrong questions are currently on the table. The question should not simply be: why does legal education cost so much? Rather, the question should focus on reassessing and re-measuring the value of legal education.

There may be as many as 175 judicial elections—both contested and retention—on the 2012 general election ballot. Two of these races are at the supreme court level, with one justice expected to stand for retention and one justice who was appointed to the bench competing against several challengers to keep her seat.

Nicole Bradick is a lawyer, Chief Strategy Officer at CuroLegal, and an advocate for expanding access to justice. As she writes in a recent post at Lawyerist, she was a federal court litigator for eight years and had some exposure to state court pro bono cases, but her observational visit to an eviction court this summer was the first time she ever observed such a court from the self-represented litigant’s perspective. Her verdict? “Eviction court really, really sucks.” Bradick writes that she was dismayed by the treatment of the litigants and an environment that fosters imbalance, and that she was “[e]mbarrassed because in all my time practicing law, I never bothered to sit in court and feel what it’s like in the shoes of a self-represented litigant.” She is, of course, not the only one.

The Iowa Supreme Court is moving forward with implementation of a Business Specialty Court Pilot Project and will begin receiving cases on May 1, 2013. The Business Specialty Court Pilot Project grows out of the recommendations of Iowa’s Supreme Court Task Force for Civil Justice Reform. Among the recommendations was the establishment of a business court pilot project, one judge/one case and date certain for trial, adoption of the Federal Rules’ initial disclosure regime, and a two-tiered differentiated case management pilot project.

Economist and Brookings Senior Fellow Clifford Winston has co-authored a new book that has created conversation around its premise, which is evident in its title: First Thing We Do, Let's Deregulate All the Lawyers. In this New York Times op-ed about the legal profession, he asks: "What if the barriers to entry were simply done away with?"

The Young Lawyer Editorial Board of The American Lawyer recently called out a growing disconnect between the skills and training law students are receiving and the tasks new lawyers are asked to complete in practice. For example, new lawyers today are often asked to manage both teams and deadline schedules, and also to take the lead on important documents and matters early in their careers. However, today’s typical law school curriculum does not always cover all these important areas.