News & Updates

Imagine a legal sector neatly divided into two groups: the Rule Makers and the Risk Takers. With evidence piling up that the legal market is not working for ordinary citizens, the Rule Makers come together to evaluate possible changes. After the new rules are enacted, the burden shifts to the Risk Takers to build out workable solutions.

In a new white paper published on March 22, 11 legal scholars stress the need for jurisdictions to consider alternative licensing options for the Class of 2020 and others slated to take the bar exam this summer, in light of restrictions in place due to the COVID-19 pandemic.

In a recent op-ed, Joanne Slotnik, former executive director of the Utah Judicial Performance Evaluation Commission, touts the state’s successful judicial selection system, which includes robust performance evaluation for judges and retention elections by the public.

The ABA has created a task force to identify legal needs arising from the COVID-19 pandemic and to make recommendations to address them. Meanwhile, state and federal courts continue to rapidly respond to the impacts of the virus. 

On February 13, the Arizona Task Force on the Delivery of Legal Services filed a petition with the Arizona Supreme Court to eliminate Ethical Rule 5.4. Instead, the petition requests that the court adopt a framework for regulating what’s known as an alternative business structure.

In January 2019, IAALS published recommendations for improving dispositive motions practice in state and federal courts, calling for a new paradigm for motion practice in the United States. Now, judges around the country are answering the call.

On Thursday, March 12, the State Bar of California Trustees voted to postpone passing the motion to explore the development of a regulatory sandbox to May. In my eyes, every day, hour, or minute of delay leads to bad legal outcomes for Californians. Our legal system is in crisis. Now, as a community, we have to turn our kinetic access-to-justice energy into focused action.

​As the number of cases of COVID-19 in the United States rises, both state and federal courts are preparing for how they will (or won’t) continue operating should more people quarantine and many other functions of public life temporarily shut down.

People look to our legal system for help in matters that affect their rights, their families, their businesses, and the most intimate aspects of their lives. But, for too long and for too many, the courthouse doors seem closed—and justice out of reach. IAALS is changing that. We are proud to present you with our 2019 Annual Report, which highlights our work and accomplishments toward ensuring that everyone has access to justice we can believe in.

From my perspective as the director of a law school innovation lab, legal education is disengaged from the regulatory reform effort: only a handful of legal academics have chimed in on regulatory reform or been involved in task force efforts. But legal education should join the conversation and prepare for the changes ahead, for several reasons.

In today’s increasingly busy and connected world, electronic notifications play a significant role in keeping us up to date. One would expect that due to the serious nature of court proceedings that the courts would be up-to-date with messaging or other communication capabilities, but unfortunately that is not the case. However, many courts are beginning to change that reality.

To address the challenges posed by the rising number of debt collection cases in our state courts—including high rates of self-represented litigants and default judgments—IAALS and the National Center for State Courts have released a new white paper that presents a model approach to reform in these cases.

On February 26, IAALS and the University of Denver Sturm College of Law had the privilege of hosting Patricia Refo, President-elect of the American Bar Association, for a talk and Q&A regarding the re-regulation of legal services. Refo gave an engaging talk that explored how re-regulation could address the access to justice gap, as well as the questions the legal profession must address in the wake of innovation. 

The critically acclaimed Netflix movie depicts a couple who decides to end their marriage. Although dramatized, the movie portrays several realities of the traditional divorce process—and highlights where alternative dispute resolution methods such as mediation could provide a more collaborative forum for resolving family disputes.

 

Since the launch of our Building a Better Bar project last July, IAALS has made significant headway in empirically defining the minimum competence law school students need to move on to successful practice. As of mid-February, we've held nearly 40 focus group sessions; we will wrap up all focus groups in March, and are preparing for a thorough analysis of the rich qualitative data we have gathered.

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.