Expert Opinion

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.

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.

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. 

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.

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.

The legal system has been regulated so tightly that it has led to a world where only a fraction of the citizens who require legal services can access them, and we cannot afford to fail those who cannot afford legal representation. Unlocking legal regulation is the answer and stands at the heart of the worthy efforts underway in states across the country.

In partnership with national experts, IAALS has developed three new guides to support real change in state courts. Stemming from our work on the Civil Justice Initiative and Family Justice Initiative, the guides are designed to assist in creating effective self-help information for those who need it, developing problem-solving approaches for families in court, and providing insight for judges who interface with self-represented litigants.

Limited legal license programs, such as the one in Washington state that NCSC is beginning to evaluate this month, can effectively contribute to the expansion of the way legal services are delivered. However, their success may be hampered if they are weighed down by excessive limitations and restrictions.

Pro bono work, while worthwhile and commendable, cannot supplant for the need for a significant change in the way our legal system is regulated. 

IAALS submitted this comment to the California State Bar Task Force on Access Through Innovation for Legal Services (ATILS) as part of its request for public comment on its tentative regulatory recommendations for enhancing the delivery of, and access to, legal services. Through our Unlocking Legal Regulation project, which is launching soon, we are partnering with Utah to bring bold innovation to the realm of legal regulation and the provision of legal services.