Access to Justice (A2J)

The legal industry seems to looking out for #1 — but not for the American people. [Christian]

On 08/10/2022, in Access to Justice (A2J), Canada, law schools, legal reform, legislatures / government / legal, United States, by Daniel Christian

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:

Attorneys: It’s OK if you didn’t pass the #barexam. The exam doesn’t test minimum competence anyway.

The same attorneys: Allowing a JD holder to be a licensed and regulated paraprofessional serving family law clients in very limited case types is a terrible idea.

— Natalie Anne Knowlton (@natalalleycat) August 10, 2022

***

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

“If the Benchers of the Law Society of Ontario wish to preserve the privilege of self-regulation, they should be careful to avoid suppressing competition and exacerbating A2J problems.” Be ready to hear “regulatory capture” with increasing frequency re: legal services regulation. https://t.co/bMj2GDPvQw

— Jordan Furlong (@jordan_law21) August 11, 2022

***

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 [Carpenter, Shanahan, Steinberg, & Mark]

On 07/27/2022, in Access to Justice (A2J), Cost of legal services - including access, Legal operations, legal reform, legal technologies, legislatures / government / legal, society, sociology, telelegal, United States, by Daniel Christian

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.

“Lawyers and the Metaverse”, 3 warnings re: virtual hearings, using tech to advance legal ed, & more

On 07/25/2022, in 21st century, Access to Justice (A2J), Asia, Blockchain, business, Canada, change, changing business models, cloud-based computing / apps / other cloud-related, collaboration, communications, copyright/ownership/NFTs, corporate / business world, cryptocurrencies, emerging technologies, experimentation, face-to-face, future, game-changing environment, human-computer interaction (HCI), immersion, innovation, interaction design, interactivity, law schools, legal technologies, legislatures / government / legal, new business models, platforms, privacy, society, strategy, telelegal, tools, United States, vendors, Virtual courts and law firms, Virtual Reality (VR) / worlds / learning, vision/possibilities, wearables, by Daniel Christian

How will the Metaverse Influence Business and Legal Processes? — from jdsupra.com

Excerpt:

While some will be hesitant to use the metaverse and adoption is difficult to predict, it is not going away and will undoubtedly affect internal processes, business dealings, case strategy, and more. Organizations should start thinking about the possibilities now to be better prepared for future challenges. Below are some predictions on how the metaverse will influence operations, strategy, and investments across different areas of the enterprise.

Lawyers & the Metaverse — from joetechnologist.com by Elizabeth Beattie and Joseph Raczynski

Excerpt:

In a new Q&A interview, Thomson Reuters’ technologist and futurist Joseph Raczynski offers his insight about the Metaverse and how it will impact the legal industry.

I have likely spoken to thousands of lawyers over the last several years. They are extraordinarily bright, but with one limiting factor — their dedication to their craft. This means that they do not have the time to lift their heads to see what is coming. All these emerging technologies will impact their practices in some way, as well as the business of law. At a minimum, lawyers need the opportunity to focus on the big four: AI, blockchain, workflow, and the grab bag of general emerging technology. There are a multitude of places to learn about these things, but I would include some of the classics such as Google Alerts, Twitter threads on these topics, and magazines like Wired, which should be a staple for everyone.

These legal issues should be on college business officers’ radars — from highereddive.com by Rick Seltzer
A panel at the National Association of College and University Business Officers’ annual meeting covered legal questions spanning many offices on campus.

Let’s not presume that virtual hearings are the best solution in family law — from canadianlawyermag.com by John Silvester

Excerpts:

Proponents argue that virtual hearings are less expensive for clients, leading to enhanced access to justice for those who cannot afford to pay for their lawyers to travel to a courthouse and then sit and wait for hearings to commence. Sounds reasonable, right?

Not so fast.
…
Virtual hearings are advantageous in some scenarios, but there are at least three reasons why moving to an almost entirely virtual legal world may prove problematic.

LawNext Podcast: CALI Executive Director John Mayer on Using Tech to Advance Legal Education and Access to Justice — from lawnext.com by Bob Ambrogi and John Mayer

Excerpt:

In this episode of LawNext, Mayer joins host Bob Ambrogi to discuss the history and mission of CALI and to share his thoughts on the use of technology to enhance legal education. They also talk about how and why A2J Author was developed and how it is used by courts and legal services organizations to help those who are without legal representation. Mayer also shares his thoughts on the future of innovation in law and on the future of CALI.

Louisiana Approves Virtual Custody Services and Proposes Virtual Currency Business Licensing Rules — from natlawreview.com by Moorari Shah and A.J. S. Dhaliwal

Excerpt:

Recently, the Louisiana lawmakers and regulators have taken steps to legalize operations in the state involving virtual currencies. On June 15, the Louisiana governor signed a bill that, effective August 1, 2022, will allow financial institutions and trust companies to provide virtual currency custody services to their customers as long as they satisfy certain requirements on risk-management and compliance. On June 20, the Louisiana Office of Financial Institutions (OFI) published proposed rules on licensing and regulation of virtual currency businesses in the state pursuant to the Louisiana Virtual Currency Business Act, which went into effect on August 1, 2020.

Criminal Justice Algorithm Predicts Risk of Biased Sentencing [courttechbulletin.blogspot.com]

On 07/20/2022, in Access to Justice (A2J), law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, by Daniel Christian

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 [Colin Bohanna]

On 07/05/2022, in 21st century, Access to Justice (A2J), Bias | Diversity Equity & Inclusion (DE&I), law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, society, trends, UK, United States, vendors, by Daniel Christian

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

Psalm 36:5-7

On 07/03/2022, in Access to Justice (A2J), faith, global / globalization, hearts -- matters of the heart, relationships, religion, by Daniel Christian

⁵Your love, Lord, reaches to the heavens,
    your faithfulness to the skies.
⁶Your righteousness is like the highest mountains,
    your justice like the great deep.
    You, Lord, preserve both people and animals.
⁷How priceless is your unfailing love, O God!
    People take refuge in the shadow of your wings.

Only 37% of Lawyers are Satisfied with their Firm’s Technology

On 06/30/2022, in 21st century, 24x7x365 access, Access to Justice (A2J), law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, technology (general), telelegal, tools, workplace, by Daniel Christian

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 [Raczynski & Harmening; produced by ABA]

On 06/23/2022, in 21st century, 24x7x365 access, 3D, A/V -- audio/visual, Access to Justice (A2J), innovation, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, platforms, programming, technology (general), telelegal, United States, by Daniel Christian

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.

Remote court transcription technology enables virtual court appearances — from abajournal.com by Nicole Black

Excerpts:

That’s why it’s imperative to make certain remote options are available for all aspects of legal work since doing so is the only way to guarantee the justice system doesn’t come to a grinding halt. One way to prevent that is to take advantage of the virtual deposition transcription tools I discussed in last month’s column. In that article, I provided an overview of virtual deposition transcription products and services that rely on videoconferencing tools and software platforms to facilitate remote depositions.

Another way business continuity has been maintained since March 2020 is via virtual court proceedings. Remote court appearances are now more common since courts periodically shifted to partial or fully remote operations throughout the pandemic. Many judges have become accustomed to and appreciate the convenience of virtual court proceedings, and many expect them to continue even after the pandemic ends.

Because all signs point to the continuation of virtual court proceedings, I promised in last month’s article that I would focus on remote court proceeding options in this column. These include software platforms and artificial intelligence language-processing tools that facilitate remote court proceedings.

Nicole’s article mentioned the following vendor/product:

I Grew Up Believing I Was Dumb. A College Education Behind Bars Healed That Wound https://t.co/PsUZ2LyOxa via @MarshallProj

— Paul Czarapata (@pczarapata) April 21, 2022

Seeing the possibilities, I finally took a chance. I studied English, political science and finite math, and each class I passed deepened my confidence and self-love.

This growing self-love was key to my academic development. Growing up, I didn’t experience much real love, outside of my mother and a few family members. I most often encountered the kind of false love expressed through violence and monetary possessions. College changed the way I thought about myself and others. I worked hand-in-hand with men from all backgrounds to complete assignments, and even taught other students. Before I knew it, I was getting A’s on my essays and solving quadratic equations in math class.
…
When people question why it’s important to educate prisoners, I remind them that to see change, we must support change. We must give individuals the opportunity to see themselves as more than the harm they’ve caused, more than what was once broken within them.

Christopher Blackwell

Also relevant/see:

University Behind Bars

The Pandemic Transitioned the Legal Industry Into the Digital Age [Vanetik]

On 04/11/2022, in A/V -- audio/visual, Access to Justice (A2J), game-changing environment, law schools, legal reform, legal technologies, legislatures / government / legal, United States, videoconferencing, Virtual courts and law firms, by Daniel Christian

The Pandemic Transitioned the Legal Industry Into the Digital Age — from by Yuri Vanetik
Covid-19 forced businesses and social interactions to rely on technology because of social distancing rules exacerbated by fear. The legal industry, being no exception, was forced to embrace technology, shedding unnecessary ritual and processes. The result became a more efficient industry, where client interests trump anachronistic conventions.

Excerpt:

Much has changed in the world of commerce since the onset of the Covid-19 pandemic. The legal industry, a notorious stalwart, made a substantial leap, foregoing antiquated ritual-driven practices for technology-driven efficiency.

Technology and focus on the client, rather than wasteful processes, has become the new benchmark for lawyers who understand their business clients’ result-oriented expectations. The vast implementation of technology is the driving force in this pandemic paradigm. This modernization isn’t a mere facelift, but a restructuring of legal practice, including a major shift from a lawyer-centric to client-centric business dynamic.

Also relevant/see:

University of Missouri School of Law to offer free virtual legal consultation for veterans — from kttn.com
Senior judge urges Md. courts to keep virtual access beyond pandemic — from washingtonpost.comby Katie Mettler

Law firms are entering the metaverse, here’s why [Cline]+ several other law-related items

On 04/07/2022, in Access to Justice (A2J), Artificial Intelligence/Agents/LLMs/and Related, Bias | Diversity Equity & Inclusion (DE&I), emerging technologies, future, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, Microsoft, podcasting, United States, universities, vendors, by Daniel Christian

Law firms are entering the metaverse, here’s why — from web3law.center by Meagan Cline

Excerpt:

Lawyers and law firms are increasingly exploring web3 and the metaverse. The technology is here and likely will only become a greater part of our society. Therefore, lawyers must at least consider how their operations may need to evolve to meet the growing demand for web3 literate legal services.

Podcasting! Started with @lawyer_stories and just launched a 2nd show with @CTS_Cloud_IT called Shaped for Law. Check out both to get some great legal insight!

— Jared Russell (@notjaredrussell) March 31, 2022

The first episode of the #ShapedforLaw podcast is now available on Apple Podcasts, Spotify, YouTube, Google Podcasts, and more.

To learn more and see show notes, follow this link: https://t.co/6RrdSduWOI #LegalIT #podcast #legaltech pic.twitter.com/uqXHpB0ZMJ

— CTS (@CTS_Cloud_IT) March 31, 2022

In this episode, David Aird talks;

Diversity and Inclusion
Social Mobility in Legal IT
Security Matters and Cyber-threats
Technology as the Answer
Artificial Intelligence and the Future

HUGE NEWS!

This Week’s Latest Additions to the LawNext Legal Technology Directory — from legaltechmonitor.com by Bob Ambrogi

Photo Geotagging for Lawyers — from legaltechmonitor.com by Jim Calloway

How to automate your law office — from lawtechnologytoday.org

New Microsoft Study Reveals Work Changes: We Aren’t Going Back — from legaltechmonitor.com by Stephen Embry

https://www.lawtechnologytoday.org/2022/03/top-5-benefits-of-a-virtual-law-practice/

Reimagining Law: Embracing the Power of ‘No’ (Part 1) — from legaltechmonitor.com by 2civility

Reimagining Law: Embracing the Power of ‘No’ (Part 2) — from legaltechmonitor.com by 2civility

JUSTICE IN A CHANGING WORLD 2021 | ANNUAL REPORT — from iaals.du.edu

Another State Adopts Duty of Technology Competence for Lawyers, Bringing Total to 40 — from legaltechmonitor.com by Bob Ambrogi

IAALS Launches Allied Legal Professionals in an Effort to Increase Access to Quality Legal Services and Help Reduce Barriers to Representation — from iaals.du.edu by Kelsey Montague

Excerpt:

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announced today that it is launching Allied Legal Professionals. With generous support from the Sturm Family Foundation, this project seeks to help standardize a new tier of legal professionals nationally—to increase the options for accessible and affordable legal help for the public.

Up and down the income scale, the legal needs of people in this country are going unmet. The inability to afford a lawyer, among other factors, has led to ballooning rates of self-representation in our justice system, with over 70 percent of civil and family cases including a party without a lawyer. People in these situations are not only facing life-altering challenges such as child custody hearings or landlord/tenant issues alone—they also face disproportionately bad outcomes in their cases.

Addendums on 4/8/22:

Gary Sangha L’03 on Opportunities for Legal Tech Entrepreneurs in a Changing Legal Landscape — from law.upenn.edu
Be It Resolved: Make the Most of the Tools We Have — from law.upenn.edu by Glenn Rawdon

“Beyond the Ban” | A toolkit for advancing college opportunity for justice-impacted students

On 03/31/2022, in Access to Justice (A2J), lifelong learning, Michigan, reinvent, society, surviving, United States, by Daniel Christian

Beyond the Ban — from edtrust.org; with thanks to Goldie Blumenstyk, a senior writer at The Chronicle, for this resource

Excerpt:

Each toolkit analyzes state policy to answer eight equity questions:

Does the state offer state financial aid to currently and formerly incarcerated students?
Does the state provide sentence reduction credit for incarcerated students enrolled in higher education courses?
Does the state provide incentives and resources to colleges that enroll and support currently and formerly incarcerated students?
Does the state have a streamlined process for currently incarcerated students to access documents to retrieve their state identification?
Does the state allow formerly incarcerated students to access federal support for basic needs like food, housing, and health care?
Does the state ban higher education institutions from asking about criminal history on admissions applications?
Does the state ban employers from asking about criminal history on job applications?
Do currently and formerly incarcerated individuals have the right to vote in the state?

What is Legal Tech, and How Is It Changing the Legal Industry? — from startup.info

Excerpt:

Legal technology is a branch of technological innovation that targets and affects the legal sector specifically. The considerable pace of new invention in tech sectors – bolstered by government investment in UK-based innovation and growth – has highlighted some avenues of innovation that could change the face of the legal profession, streamlining judicial processes and helping firms during discovery.

However, in concert with the rapid pace of new technology that benefits legal practise, the technology’s legal implications are also being raised. With a technological landscape that has far outstripped the remit of conventional law, demand for technology lawyers has increased to enable businesses and lawmakers to navigate new tech possibilities.

Four Important Technology Trends for Law Firms in 2022 — from jdsupra.com

Excerpt:

It is easy to say (two years now into the pandemic) that COVID-19 changed the legal profession forever. After a massive shift in 2020 and 2021 to working and conducting court proceedings remotely, with the help of many remote technologies, many legal professionals may wonder what lies ahead from a technology standpoint. After such a dramatic shift, are there even more disruptions to embrace?

The answer is yes! The world turns, technology keeps evolving, and so too will the legal services industry. Below are predictions of technology trends that will continue to be important in 2022 and help shape the industry in the years ahead.

With RemoteDepo™ by U.S. Legal Support, everyone can participate in a remote deposition and interact as if they were in the same conference room. With an internet connection and webcam-equipped device, you can communicate in realtime, observe witness body language and seamlessly facilitate questioning.

How Legal AI Technology Adoption Leads to Real-World Results — from jdsupra.com

Excerpt:

Contracting is just one area where in-house lawyers and legal ops professionals are seeing real-world results by implementing AI. As innovation continues to disrupt the legal tech world, AI is being introduced into nearly every aspect of practice and business. But now, AI has evolved beyond a buzzword to provide meaningful – and impactful – results.

Ironclad’s New Connect Tool ‘Cuts Contracting Time By 40% — from artificiallawyer.com

Excerpt:

CLM Ironclad has launched a new tool called Connect, which creates a centralised view of the contracting process for all parties and, they claim, can reduce contract completion times by over 40% – which is a lot whether you are a busy inhouser, or a law firmer on the billable hour.

The new capability allows you to store all communications about a deal in one place, ‘even attachments and months-long email threads’ and allows you to keep everyone involved in negotiating a contract ‘in the loop’.

Learning Ecosystems

The legal industry seems to looking out for #1 — but not for the American people. [Christian]

America’s Lawyerless Courts [Carpenter, Shanahan, Steinberg, & Mark]

“Lawyers and the Metaverse”, 3 warnings re: virtual hearings, using tech to advance legal ed, & more

Criminal Justice Algorithm Predicts Risk of Biased Sentencing [courttechbulletin.blogspot.com]

5 reasons why legal tech matters [Colin Bohanna]

Psalm 36:5-7

Only 37% of Lawyers are Satisfied with their Firm’s Technology

Animated Series: What’s Up with the Metaverse [Raczynski & Harmening; produced by ABA]

I Grew Up Believing I Was Dumb. A College Education Behind Bars Healed That Wound [Blackwell]

The Pandemic Transitioned the Legal Industry Into the Digital Age [Vanetik]

“Beyond the Ban” | A toolkit for advancing college opportunity for justice-impacted students

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