Increasing Access to Justice — from law.upenn.edu

Excerpt:

By his second year of law school, Willis had created the idea for the Fellowship and, with the support of several key partners, was able to launch the program and begin to pursue the mission of connecting people dedicated to using innovative ideas to expand access to the justice system.

To ensure that the program remained truly inclusive and diverse, Willis has prioritized building relationships with law student affinity groups at different schools across the country. Having personally served on the board for the National Black Law Students Association, Willis knows the value of those personal connections and prioritizes promoting equity within the access to justice technology space.

“The goal really is to try to build community around this group of innovators who will address these structural issues within our legal system to really improve services for the most vulnerable populations and communities,” Willis said. “There’s always more work to be done, but I’m really proud of the changemakers who have come through the program and who are really making a name for themselves and working on important impact work.”

Also relevant/see:

As States Toy With Reform, Legal Tech Cos. Fill Justice Gap — from law360.com by Sarah Martinson; with thanks to Penn Law Future of the Profession Initiative

Excerpt:

More than 100 legal technology companies have formed in the last 10 years to provide legal assistance to millions of Americans who can’t afford an attorney, helping to bridge a gap in access to justice, while less than a handful of states have taken action to expand the practice of law.

According to the Legal Services Corporation’s 2022 Justice Gap Study, low-income Americans do not get adequate legal help for 92% of their substantial civil legal problems and the cost of legal assistance is a barrier.

 

Lawyers trying to strangle alternative legal advice — from calmatters.org by Dan Walters
“Scope of practice” conflicts are common in the California Legislature and one is a bill that would forbid the State Bar from exploring alternative legal services.

Excerpt:

There is, however, a darker side to California’s licensing system. It gives licensees monopolies over specific services defined by the Legislature.

Therefore, who is legally authorized to provide what service is ultimately as much a political issue as one of professional competency. No session of the Legislature is complete without at least one “scope of practice” battle.

Also relevant/see:

ABA Sides Against Opening Law Firms Up to New Competition — from news.bloomberglaw.com by Sam Skolnik

Excerpt (emphasis DSC):

The American Bar Association is pouring cold water on efforts to loosen restrictions on who can own law firms, including moves that could open firms up to new competition from corporations.

The group’s House of Delegates on Tuesday passed a non-binding resolution discouraging changes to state rules barring the sharing of legal fees with non-lawyers. But it also encouraged state bar groups to explore innovations designed to increase access to justice by making legal services more affordable.

“By reaffirming our core value of independence of the legal profession and the prohibition against nonlawyer ownership, the ABA House’s action today is a huge victory for all lawyers,” said Foley Hoag partner Stephen Younger, a previous president of the New York State Bar Association.

From DSC:
Yes…that emphasized part of the last paragraph seems to say it all. A victory for lawyers, but not a victory for the American people. Not for those who are trying to access the legal system. Not for those who are fighting to provide more access to justice.


Addendums on 8/13/22:

***

And it’s not just in the United States either:

***

How Did Legal Services Get So Unaffordable, and What Are We Going to Do About It? — from chicagobarfoundation.org

Excerpt:

Over the past 50 years, we gradually have gone from a time in our country where the average middle-class person or small business generally could find affordable legal services when they needed them to a time today where everyday people struggle to afford legal help and lawyers often joke that they could not afford their own services if the need arose.

 

America’s Lawyerless Courts — from americanbar.org by Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, and Alyx Mark

Excerpt:

Our research reveals an unavoidable truth: The civil justice system is broken in state civil courts. There is a massive disconnect between what courts were designed to do—solve legal disputes through lawyer-driven, adversarial litigation—and what these courts are asked to do today—help people without lawyers navigate complex social, economic and interpersonal challenges, most of which are deeply tied to structural inequality. As one judge we observed told a courtroom full of litigants, “This courtroom is like the emergency room.”

Five key findings from our work highlight the scope and nature of the crisis: State civil courts are primarily lawyerless, traditional adversary litigation has largely disappeared, the judicial role is not working, the law is not developing, and people’s court experiences amplify inequality and human suffering.

 

I think we’ve run out of time to effectively practice law in the United States of America [Christian]


From DSC:
Given:

  • the accelerating pace of change that’s been occurring over the last decade or more
  • the current setup of the legal field within the U.S. — and who can practice law
  • the number of emerging technologies now on the landscapes out there

…I think we’ve run out of time to effectively practice law in the U.S. — at least in terms of dealing with emerging technologies. Consider the following items/reflections.


Inside one of the nation’s few hybrid J.D. programs — from highereddive.com by Natalie Schwartz
Shannon Gardner, Syracuse law school’s associate dean for online education, talks about the program’s inaugural graduates and how it has evolved.

Excerpt (emphasis DSC):

In May, Syracuse University’s law school graduated its first class of students earning a Juris Doctor degree through a hybrid program, called JDinteractive, or JDi. The 45 class members were part of almost 200 Syracuse students who received a J.D. this year, according to a university announcement.

The private nonprofit, located in upstate New York, won approval from the American Bar Association in 2018 to offer the three-year hybrid program.

The ABA strictly limits distance education, requiring a waiver for colleges that wish to offer more than one-third of their credits online. To date, the ABA has only approved distance education J.D. programs at about a dozen schools, including Syracuse.

Many folks realize this is the future of legal education — not that it will replace traditional programs. It is one route to pursue a legal education that is here to stay. I did not see it as pressure, and I think, by all accounts, we have definitely proven that it is and can be a success.

Shannon Gardner, associate dean for online education  


From DSC:
It was March 2018. I just started working as a Director of Instructional Services at a law school. I had been involved with online-based learning since 2001.

I was absolutely shocked at how far behind law schools were in terms of offering 100% online-based programs. I was dismayed to find out that 20+ years after such undergraduate programs were made available — and whose effectiveness had been proven time and again — that there were no 100%-online based Juris Doctor (JD) programs in the U.S. (The JD degree is what you have to have to practice law in the U.S. Some folks go on to take further courses after obtaining that degree — that’s when Masters of Law programs like LLM programs kick in.)

Why was this I asked? Much of the answer lies with the extremely tight control that is exercised by the American Bar Association (ABA). They essentially lay down the rules for how much of a law student’s training can be online (normally not more than a third of one’s credit hours, by the way).

Did I say it’s 2022? And let me say the name of that organization again — the American Bar Association (ABA).

Graphic by Daniel S. Christian

Not to scare you (too much), but this is the organization that is supposed to be in charge of developing lawyers who are already having to deal with issues and legal concerns arising from the following technologies:

  • Artificial Intelligence (AI) — Machine Learning (ML), Natural Language Processing (NLP), algorithms, bots, and the like
  • The Internet of Things (IoT) and/or the Internet of Everything (IoE)
  • Extended Reality (XR) — Augmented Reality (AR), Mixed Reality (MR), Virtual Reality (VR)
  • Holographic communications
  • Big data
  • High-end robotics
  • The Metaverse
  • Cryptocurrencies
  • NFTs
  • Web3
  • Blockchain
  • …and the like

I don’t think there’s enough time for the ABA — and then law schools — to reinvent themselves. We no longer have that luxury. (And most existing/practicing lawyers don’t have the time to get up the steep learning curves involved here — in addition to their current responsibilities.)

The other option is to use teams of specialists, That’s our best hope. If the use of what’s called nonlawyers* doesn’t increase greatly, the U.S. has little hope of dealing with legal matters that are already arising from such emerging technologies. 

So let’s hope the legal field catches up with the pace of change that’s been accelerating for years now. If not, we’re in trouble.

* Nonlawyers — not a very complimentary term…
I hope they come up with something else.
Some use the term Paralegals.
I’m sure there are other terms as well. 


From DSC:
There is hope though. As Gabe Teninbaum just posted the resource below (out on Twitter). I just think the lack of responsiveness from the ABA has caught up with us. We’ve run out of time for doing “business as usual.”

Law students want more distance education classes, according to ABA findings — from abajournal.com by Stephanie Francis Ward

Excerpt:

A recent survey of 1,394 students in their third year of law school found that 68.65% wanted the ability to earn more distance education credits than what their schools offered.


 

Trends in State Courts — from ncsc.org

Excerpt:

Trends in State Courts is an annual, peer-reviewed publication that highlights innovative practices in critical areas that are of interest to courts, and often serves as a guide for developing new initiatives and programs and informing and supporting policy decisions. Trends in State Courts is the only publication of its kind and enjoys a wide circulation among the state court community.

Trends in State Courts 2022
External events continue to drive change and innovation in the courts. The 2022 edition of Trends in State Courts highlights post-pandemic eviction courts and eliminating racism and bias in the courts.


Also from ncsc.org:

The key role of non-lawyer practitioners — by Dimarie Alicea-Lozada

Excerpt:

Over the last 20 years, a variety of different states have developed efforts to try to provide for non-lawyer practitioners with varying degrees of success. The intention was simple: provide affordable legal services to those who cannot afford an attorney but need help. With 1 out of 10 people in the United States involved in newly filed cases each year and 3 out of 5 in civil cases not having a lawyer, state courts have been trying to help people who otherwise will not be able to afford access legal representation. Since the COVID-19 pandemic, several states have made changes in this area.


 

Criminal Justice Algorithm Predicts Risk of Biased Sentencing — from courttechbulletin.blogspot.com

Excerpt:

A new algorithm aims to assess the likelihood of defendants being treated unfairly in court.

The tool considers details that ought to be immaterial to the ruling — such as the judge’s and defendant’s gender and race — and then predicts how likely the judge is to award an unusually long sentence. This can suggest when socio-demographic details may be swaying judgments, resulting in especially punitive treatments.

 

 

5 reasons why legal tech matters — from lawyer-monthly.com by Colin Bohanna

Excerpt:

5. Technology can improve access to justice
Using technology can help to increase access to justice in a number of ways. The increased adoption of videoconferencing technology seen during the pandemic has had a positive impact on those who have traditionally struggled to access legal services. That includes those living in rural areas, who may not live in proximity to a lawyer qualified to deal with their specific matter; those working in precarious situations that may not enable them to travel to meet a lawyer or who may have family- or elder-care responsibilities; and people with disabilities who may have mobility issues that make travel difficult.

Tech can also play an essential role in the support of legal aid. We know there’s a perception that the level of paperwork, admin, and invoicing requirements means the burden of conducting legal aid is high. As Clio is committed to transforming the legal industry, we offer a legal aid solution as part of our practice management software at no extra cost in order to increase access to justice, for all. It helps to cut legal aid processes drastically so that legal aid providers can focus on their client work and make legal aid work more financially viable.

Also relevant/see:

Top 10 Legal Operations Trends in 2022. — from jdsupra.com

Key legal operations trends for 2022

1. Growing legal operations teams
2. Formalizing the legal operations function
3. Implementing a diversity, equity, and inclusion (DE&I) program
4. Finding new ways to improve processes
5. Insourcing more work
6. Strengthening vendor management
7. Expanding the use of data analytics tools
8. Increasing technology investments
9. Strengthening the law department’s technology acumen
10. Improving data security

 

Only 37% of Lawyers are Satisfied with their Firm’s Technology — from artificiallawyer.com

Excerpt:

A new survey has found that only 36.7% of lawyers are satisfied with the tech tools on offer at their firms, and with only 37.1% saying that they had used a new product at their law firm in the last six months. So, they’re not too happy with what they’ve got, while most firms are not bringing in anything much that is new either.


Mat Rotenberg, CEO of Dashboard Legal, the company that conducted the survey, told Artificial Lawyer that a key factor here is the retention of talent, i.e. that underinvesting in tech that removed drudgery would inevitably contribute to lawyer attrition.

‘This survey raises the question of whether firms are doing what they can to retain top talent. It appears that partners are not asking associates what they want to make their lives better.’

He noted that the survey data also showed that although lawyers were not that pleased with what was on offer, they did indeed value tech solutions and believed they could help.

 

Animated Series: What’s Up with the Metaverse — from joetechnologist.com by Joseph Raczynski with creative by Elise Harmening, Esq.

Video description (emphasis DSC):

What’s Up with the Metaverse, published on June 2, 2022, was written by Joseph Raczynski of Thomas Reuters, a member of the Governing Council for the Center for Innovation, and created by Elise Harmening, Esq., Project Specialist Manager at the Center for Innovation. Innovation and You is a production by The American Bar Association’s Center for Innovation to help lawyers and our members think about innovative legal technology and practices as the legal landscape continues to change. Join the conversation on Twitter @ABAInnovation.

 

Also see:

Animated Series: What is an API? — from joetechnologist.com by Joseph Raczynski with creative by Elise Harmening, Esq.

 

How has your legal service delivery model changed as we look forward to post-pandemic life? — from legal.thomsonreuters.com

Excerpt:

The rise of the self-service delivery model
Self-service for legal clients was already a trend before COVID, a trend that accelerated during the shutdowns. Clients now expect to be able to find answers themselves to many of their basic legal questions. Call it the Google-fication of legal service delivery. Clients also want to be able to see their matter statuses without having to take the time to call their lawyers, possibly incurring a charge.

Below are some other legal-related items:

Law Schools Are Changing Thanks To Legal Tech — from lawyer-monthly.com
New digital skills courses are rapidly being added to undergraduate law degrees in the UK. While the first students are currently studying the digital skills course, it’s expected that further students will take part over the coming months. Here, we explore what digital skills courses in law schools are covering.

Pioneers and Pathfinders: Bob Ambrogi — from seyfarth.com by J. StephenPoor

Description of podcast:

For anyone following the rapidly evolving area of legal technology, today’s guest will be a familiar voice. Bob Ambrogi—lawyer, journalist, media consultant, and blogger—has been working at the intersection of law, media, and technology for 40 years. He is known internationally for his expertise in legal technology, legal practice, and legal ethics. He’s won numerous awards for his blog and his leading role on the cutting edge of change in the industry, including being named to Fastcase 50 and Legal Rebels Trailblazers. Before entering the blogosphere, Bob was an editor at a number of mainstream legal publications.

In today’s conversation, we talk about Bob’s journey as a journalist, his views on the current state of mainstream media, the potential of regulatory reform to further disrupt the industry, and the growing diversity of the legal technology industry.

***

Founders Forum invests in fintech-focused virtual law startup Chronos Law — from globallegalpost.com by Ben Edwards
Chronos will be rebranded Founders Law as part of the deal

Bohills said: “Most tech businesses require flexible legal services that don’t fit the traditional law firm model. I designed the firm to scale with the ambitious startups we support. This new investment will enable us to further recruit and satisfy the growing demand from the tech sector and its need for a new way to access legal advice. 

 

Prioritizing Mental Health and Well-Being in the Workplace is Evolving and Driving Change in the Legal Profession — from law.upoenn.edu by Daniel T. Lukasik, Esq.; with thanks to PennLaw’s Future of the Profession Initiative (from 6/9/22) for this resource

Excerpt:

I now know I was never the only one with a mental health problem. Over the past five years, numerous surveys have confirmed what I and others suspected: anxiety, burnout, depression, and problems with alcohol are rampant throughout the legal profession. Compared to the general population, the magnitude of lawyer distress is deeply troubling.

In a confidential ABA survey of 13,000 lawyers, twenty-eight percent reported they had experienced a problem with depression within the past twelve months, a rate four times that found in the general population. Yet, given this sobering fact, there’s good cause to feel optimistic about the profession’s future.

Today, there is nothing short of a revolution in the law at all levels regarding mental health.

Two other relevant items from PennLaw’s Future of the Profession Initiative from 6/9/22:

From DSC:
I post this for:

  • Undergrad students within higher education — as you should go into a career in the legal profession with your eyes wide open.
  • For the rest of us in society — for a better understanding of others’ situations. If you know of a lawyer in the family or as a friend, you may want to check in with them as to how they are really doing.
 

The original article by @andylocal in the @nytimes when we first filed our challenge:

They Need Legal Advice on Debts. Should It Have to Come From Lawyers? — from nytimes.com
A nonprofit has filed a lawsuit in New York, hoping to clear the way for volunteers to help people defend themselves against debt collection suits.

Thalia Juarez for The New York Times.

Excerpt:

The Rev. John Udo-Okon, a Pentecostal minister in the Bronx, has a lot of congregants who are sued by debt collectors and don’t know what to do.

Like most of the millions of Americans sued over consumer debt each year, Pastor Udo-Okon’s congregants typically cannot retain a lawyer. When they fail to respond to the suit, they lose the case by default.


Also relevant/see:

Law Firms Branch Out Beyond Lawyers in Bid to Beat Out Rival Advisers — from wsj.com
Facing competitive pressure from consulting firms and others, old law firms try to pick up new tricks

“Clients increasingly were coming to us with a problem that they needed to solve and they really didn’t much care how we solved it,” Mr. Portnoy said. “Very often they were looking for something that was beyond the traditional tool kit.”

 

The Great Resignation: The toll taken on the legal field and what comes next — from abajournal.com by Thomas MacDonald

Excerpt:

The pandemic has reshaped thinking around the value of work. The Thomson Reuters Stellar Performance: Skills and Progression Mid-Year Survey uncovered three specific priorities legal professionals are factoring into their career decisions.

  • Balance: Young professionals are more in tune with work-life balance and place a higher value on mental well-being, leisure and other activities outside of work than previous generations.
  • Family: A higher percentage of the professional workforce are mothers. Likewise, men are taking a more active role in child-rearing than previous generations, as younger professionals juggle more domestic responsibilities across the board.
  • The Long Game: Many Generation X and millennial employees have long since conceded that their retirement will likely come much later in life than their elder counterparts. The prospect of working for an extra decade—or more—has tempered the enthusiasm for grinding away during their formative years.

Also relevant/see the following articles:

8 Legal Experts on the Future of the Billable Hour — from artificiallawyer.com

Excerpt:

Are you still billing by the hour? The reality is that most lawyers are and plenty will still be using it in the year 2032. However, many legal experts agree: the billable hour is under pressure, forcing lawyers to investigate other billing methods as well.

Laura Rosseel, Senior Associate at Cambrian, explains clearly why the billable hour is a topic for discussion: ‘There are countless arguments against working with billable hours. Invoicing based on billable hours puts the risk of both unpredictability in the scope of work as well as potential inefficiency on the client, instead of the law firm that is providing the service.

‘It does not differentiate based on the value of the task at hand, the urgency, or the time of day (or night), with which the task is carried out. Additionally, it is a performance metric for lawyers that favours working more over working better, and the relentless pressure is causing junior and mid-level lawyers to leave their firms.’

Digital exhaustion: Redefining work-life balance — from enterprisersproject.com by Irvin Bishop Jr.
Is your team suffering from the digital exhaustion that so often comes with remote and hybrid work? Consider these strategies to ease the stress

As workers continue to create and collaborate in digital spaces, one of the best things we can do as leaders is to let go. Let go of preconceived schedules, of always knowing what someone is working on, of dictating when and how a project should be accomplished – in effect, let go of micromanagement. Instead, focus on hiring productive, competent workers and trust them to do their jobs. Don’t manage tasks – gauge results. Use benchmarks and deadlines to assess effectiveness and success.

What did we learn at the CLOC Conference? — from zachabramowitz.substack.com by Zach Abramowitz
QR Codes, Outside Counsel Startups Make Great Shirts and Standing Out in a Sea of CLM

Some of the tools/products/vendors Zach mentioned were:

 

Is the virtual courtroom the future of the justice system? — from deseret.com by Zakary Sonntag
Video proceedings have increased court access but raised questions of rights amid case backlog

Excerpt:

The justice system in Utah is straining under the weight of an immense backlog of criminal cases, especially serious felony cases, leaving many defendants to languish in custody as additional filings continue to accumulate.

The buildup began in 2020 after the Utah Supreme Court ordered the shutdown of in-person proceedings in response to the coronavirus, which left attorneys and judges to hash out settlements through a remote, Webex court process.

The pandemic’s impact on the legal sector and what emerging lawyers need to know — from timesofindia.indiatimes.com by Roma Priya

Excerpt:

For aspiring lawyers and law school graduates who have commenced practice recently, one of the best ways to stay relevant is to upskill yourself. Apart from the legal industry-related skills as a lawyer, such as in-depth knowledge about clients, the law, and other subjects, communication skills, problem solving and analytical skills, and tech skills are crucial. 

Today, digitally-savvy lawyers are in high demand as technology continues to evolve and progress. And as the Indian Judiciary System gradually acquaints itself with cutting-edge technologies, emerging lawyers must do the same.

About one-fifth of lawyers and staffers considered suicide at some point in their careers, new survey says — from abajournal.com by Debra Cassens Weiss

A new survey of lawyers and staff members hailing mostly from BigLaw has found that anxiety, depression and isolation remain at concerning levels, despite a slight decrease in the percentages since the survey last year.

When is a legal department ready to transform? — from advisory.kpmg.us by Eric Gorman, Kimberly Majure, and Jeff Ikejiri
Explore the catalysts for change

…legal departments that identify and agree on a motive to change, and then are alert for opportunities to act, are legal departments that are ready to transform.


From DSC:
I saw the link to LitSoftware at the posting entitled, Three Lessons In Persuasive Trial Technology (from legaltechmonitor.com by Stephen Embry)..  I thought it offered some interesting software:

 


The Top 3 Legal Technology Trends of 2022 — from lexology.com by Sean Heck

Excerpts:

  1. Web-Based Contract Management Tools for Remote Legal Operations
  2. Online, Web-Based Document Editing
  3. Contract AI With Machine Learning for Intelligent CLM

Litera legal survey shows that technology is driving change in all aspects of M&A practice — from canadianlawyermag.com by Annabel Oromoni

Excerpt:

The global pandemic and the increasing reliance on technology to facilitate remote legal work and collaboration have accelerated the legal profession’s interest in technology-based solutions. A recent survey by Litera, a legal tech company, revealed that technology significantly impacts M&A practices in law firms.

Litera’s survey included insights from over 200 lawyers whose practices focus on M&A in the United States, the United Kingdom, and Canada.

David Curle, legal content and research lead at Litera, says the legal profession is fragmented, and Litera sought to receive responses about technology use, adoption, and spending from M&A lawyers specifically.

6 Types of Software for Your In-House Legal Team Needs — from jdsupra.com

Excerpt:

Most legal teams rely heavily on documents and communication for their work, and handling all the related operations may not be as simple as you would like it to be. Unless you change your approach to document management and start exploring tech solutions that improve team efficiency.

Automation software has helped many businesses and departments streamline all or most of their operations and improve their efficiency. The same can be done for a legal team.

In this article, let’s focus on the types of automation software for in-house counsel along with some of the top examples.


Addendum later on 5/11/22:

ANALYSIS: Lawyers’ Top Legal Tech Tools—And Biggest Blind Spots — from news.bloomberglaw.com by Racheal Pikulski, Princess Onyiri, and Lida Ouyang


Addendum later on 5/11/22:

 
© 2024 | Daniel Christian