Class Outline - Chicago-Kent College of Law

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Access to Justice and
Technology

Ronald W. Staudt

Class 1: Introduction

August 26, 2004

Access to Justice and
Technology

Mechanics


Justice Web Collaboratory


Will Hornsby’s Article

Access to Justice and
Technology

Seating Chart

Course Website

Course Information


Class attendance


Assignments


Grading

Class topics

Paper topics

Web Exercise

What is the JWC?


JUSTICE

COLLABORATORY

WEB

Leveraging
web
technology

Dedicated to
improving
access to justice

Bringing different organizations
together for a common purpose

JWC Major Projects

Illinois Technology Center for Law and Public
Interest (ITC)
www.itcweb.org


Illinois state
-
wide coalition of legal services providers,
foundations and and bar associations


Internet portal development, access to justice and legal
services for low income individuals



Access to Justice (A2J)
www.judgelink.org/a2j/


Interdisciplinary study of self represented litigants


A2J prototype construction and testing


Daley Center Self Help Web Desk


A2J Author Project with CALI funded by the State Justice
Institute


Cook County Illinois, Lake County, Illinois


Maryland


California




Access to Justice (A2J)
www.judgelink.org/a2j/


Unique experiment


potential to change courts?


Customer service; digital infrastructure; AI…


Interdisciplinary reflections


Stories we experienced during the field research


Student participation in new models, client
interaction…


Illinois Technology Center for Law and Public
Interest (ITC)
www.itcweb.org


Student involvement in public service, clinical and
writing opportunities


curriculum innovation…


Knowledge management, practice impact of web tools


JWC Major Projects


Research Ideas

Access to Justice:

A Compelling Challenge

Statewide A2J Portals


Massive Need


LSC turns to technology

Court Redesign


Courts left behind


Pro se explosion


BizCase

8

The Need


















35,000,000 Americans live in
households with income below the
poverty level




10,000,000 more are potentially
eligible for legal services with income
between 100%
-

125% of poverty
levels

BizCase

9

Need for Legal Services




LSC agencies closed 1,000,000
cases for low income clients in
1999


Still:


80%

of the Poor and Working Poor
in the United States Do Not Have
Access to Legal Services

LSC
-

Technology Initiative Grants



As a result of the additional $4.25 million LSC
received in FY 2000 for technology initiatives, our
Office of Program Performance established the
Technology Initiative Grants ("TIG") Program.
…[W]e identified three priorities for proposals:


showcase how a complete package of technology tools
can help indigent clients with access to legal services
and self
-
help information;


new and innovative uses of technology for assisting
clients; and


promote the linkage of offices to provide a more
cohesive delivery system.

Unprecedented statewide collaboration

To increase access to justice for low income and
disadvantaged persons through innovative use
of technology to train, support, and educate
legal aid providers, pro bono attorneys, and the
public.

Partners:

Cabrini Green Legal Aid Clinic

Illinois Bar Foundation

CARPLS



Chicago
-
Kent College of Law/IIT

The Chicago Bar Foundation

National Center on Poverty Law, Inc.

Prairie State Legal Services


Chicago Volunteer Legal Services

Lawyers Trust Fund of Illinois


Land of Lincoln Legal Assistance Foundation

Legal Assistance Foundation of Metropolitan Chicago

Southern Illinois University School of Law
-
Self Help Center



IllinoisLegalAid

Site

IllinoisProBono

Site

IllinoisLawHelp

Site

ITCweb.org

Authors &

Experts

Managers &

Editors


Courthouse



Legal Aid


Office



Social

Service

Agency



Law School

Clinics &

Libraries



Public

Libraries



Home

Customers


Producers

Portals

C
M
S

IllinoisLegalAid

Site

IllinoisProBono

Site

IllinoisLawHelp

Site

ITCweb.org

Authors &

Experts

Managers &

Editors


Courthouse



Legal Aid


Office



Social

Service

Agency



Law School

Clinics &

Libraries



Public

Libraries



Home

Customers


Producers

Portals

C
M
S

IllinoisLegalAid

Site

IllinoisProBono

Site

IllinoisLawHelp

Site

ITCweb.org

Authors &

Experts

Managers &

Editors


Courthouse



Legal Aid


Office



Social

Service

Agency



Law School

Clinics &

Libraries



Public

Libraries



Home

Customers


Producers

Portals

C
M
S

IllinoisLegalAid

Site

IllinoisProBono

Site

IllinoisLawHelp

Site

ITCweb.org

Authors &

Experts

Managers &

Editors


Courthouse



Legal Aid


Office



Social

Service

Agency



Law School

Clinics &

Libraries



Public

Libraries



Home

Customers


Producers

Portals

C
M
S



Access to Justice

Meeting the Needs of Self
-
Represented
Litigants:

A consumer based approach











































Barriers Facing Consumers
Seeking Access to Courts

Too expensive
:


Complexity

--

50% attribute excessive
costs to complexity


Lawyers

--

85% of Americans attribute
excessive costs to attorneys

Lack of information about processes

Lack of Legal Representation

Distrust of Lawyers


Barriers to Re
-
engineering
Courts



Decentralized Funding and Control



Lack of Resources


Time Constraints


Lack of Technical Know
-
how


System Constraints


Access to Justice

Funding Partners

State Justice Institute

Open Society Institute

Center for Access to the Courts Through Technology

Preparing Global Leaders in the Heart of America

Pritzker/Galvin Match



Project Partners


National Center for State Courts

Chicago
-
Kent College of Law

Institute of Design


Part 2


CALI, AOC in California, Maryland JN

Project Staging

PHASE 1, FALL 2000:

Identify the major barriers to access to
justice by litigants without lawyers


PHASE 2, SPRING 2001:

Employ the latest in system design
methodology to redesign the process


PHASE 3, 2001
-
2002:

Translate conceptual models into an
Internet based prototype

Phase 1 & 2

Shadow the Customer
: Ethnographic research in 5
courts, California, Delaware, Colorado & Illinois


what do people want from courts,


what do they do in the courthouse

Design new solutions:

Structured Workshop to
design new solutions from the customers’ perspective


Charter, Defining Statements, Design Factors, Function
Structure, Information Structure and


53 Solution Elements in a System Structure

Report available at
http://www.judgelink.org/a2j/

and in
a book released this summer.

Phase 3: Prototype Development

www.judgelink.org/A2J/


Prototype Proof of Concept and Toolkit


Traveling down a guided path


Easy to use interface


Personal guide


Map


Personal Folder and Document List


Operational Prototype


Simple Illinois
Divorce

Judgelink.org
\
A2J
\
prototypes
\

Cook County Illinois Joint
Simplified Dissolution of Marriage
“Guide me” w/ HotDocs linkage

Access To Justice

Website

Customer Data

Document Assembly Server

(LEXISNEXIS HotDocs OnLine)

E
-
Filing at

Courthouse

Server

XML

XML

Shift to the Digital Paradigm




Will Hornsby

Unmet need


Two tiers of law practice:
corporate/institutional clients &
personal plight lawyers


Pro se and unbundling



Inefficiencies of traditional model and
digital design efficiencies


Inefficiencies of traditional model and
digital design efficiencies


Client development

Intake and screening

Client education

Form preparation

Geographical barriers

Ongoing client communication

Dispute resolution

Ancillary businesses

What is Unbundling?

“The client is in charge of selecting one
of several discrete lawyering tasks
contained within the full
-
service
package.”


Forrest Mosten

Why do we care?

Access to Justice remains a serious
problem in the US and “…by providing
limited service representation or
‘unbundled’ services in the area of civil
law [we may be able to] stretch limited
‘free’ services and make for cost
services affordable to a larger segment
of our society.

Kim Prochnau

King County Superior Court Administrator

Next Class

Unmet need and self represented litigants

Required Reading



Deborah L. Rhode,
Professionalism in Perspective:
Alternative Approaches to Nonlawyer Practice
, 1 J.
Inst. Stud. Leg. Eth. 197 (1996).


ABA Legal Needs Study


Illinois Legal Needs Study

Recommended Reading


Owen, Staudt & Pedwell, Access to Justice:
Meeting the Needs of Self
-
Represented Litigants
(2002).