Guest posts

Lawyer development is a single continuum that starts even before the first day of law school, and continues past the point when a lawyer has become an independent, confident, and proficient professional. Until we recognize this fact, we will continue to struggle to develop lawyers properly.

We’re researchers who study legal services regulation and access to the civil justice system. We’ve been thrilled to watch groundbreaking announcements from the West ignite a wide-ranging national debate about how best to regulate legal training, services, and businesses—and we’ve been paying special attention to the role people who are not lawyers are playing in the process of legal re-regulation.

At Wheeler Trigg O’Donnell, we’ve been fortunate to have a front-row seat to the outcomes and transformation that IAALS has achieved through Foundations for Practice. We collaborated with IAALS to survey our partners on the characteristics that they viewed as most essential for new associates to be successful at WTO, and the outcomes for retention and diversity have been exciting and encouraging.

As I’ve learned from many years practicing and advocating for innovative design changes in legal education, teaching online does not and should not involve doing what professors have always done—lecturing, leading discussions, and delivering exams—just through internet-enabled platforms. Instead, law professors should implement design principles to their courses for delivery in any modality: classroom, online, or blended.

In a recent national survey asking about the importance of 12 characteristics of judges, survey respondents indicated that the public prizes a judge's professional qualities above all others, including political qualities—preferences that have obvious relevance for methods of judicial selection.

Civil jury trials have been few since the pandemic began. Cases stalled and slowed, phone conferences and Zoom replaced in-person hearings, and deadlines were extended. How did courts handle the tension between civil rules and procedure on the one hand, and the fundamental right to a jury trial on the other? And, what will stick?

Since 2018, the Colorado Bar Association Federal Pro Se Clinic has been helping people navigate the overwhelming process of filing and pursuing a lawsuit in federal court without a lawyer. Use of the clinic has increased substantially in the time it has been in operation, and all signs point to increasing demand for pro se assistance. 

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

2020 revealed that most of us are swimming naked when it comes to our ability to meaningfully access our justice system. 2020 certainly exacerbated issues, but its true effect and power was revealing our society’s not-so-secret dirty secrets: systemic racism, growing income inequality, the failing U.S. healthcare system, and a justice system that only serves a small minority of Americans.

In June of this year, HiiL surveyed thought leaders in the justice sector about what it would mean to deliver justice during the COVID-19 crisis. The goal was to collect real-time data about justice needs and innovative responses to the pandemic, including the kinds of problems expected to increase and the ways justice institutions in various countries were already responding to them.