Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Law
No Right To Counsel, No Access Without: The Poor Child's Unconstitutional Catch-22, Lisa V. Martin
No Right To Counsel, No Access Without: The Poor Child's Unconstitutional Catch-22, Lisa V. Martin
Faculty Publications
In the midst of the push for universal access to counsel in civil cases and the increasing proportion of litigants who represent themselves, a critical barrier to access to justice for children has been overlooked. Federal courts have created a catch-22 for child litigants. Children cannot bring claims themselves, so parents must bring the claims on their behalf. Federal courts refuse to allow parents to pursue these claims pro se, stating that parents cannot provide adequate legal representation. Yet, there is no right to counsel in civil cases, and these same courts typically conclude the children’s cases do not warrant …
Marketing Legal Assistance, Elizabeth Chambliss
Marketing Legal Assistance, Elizabeth Chambliss
Faculty Publications
Much of the American conversation about access to justice focuses on regulatory barriers to new forms of service delivery and treats regulatory resistance as the primary problem to be solved. Meanwhile, obstacles to consumer awareness and engagement have received less attention. This essay reverses the order of analysis and considers strategies for expanding access first from a marketing perspective. What models of legal assistance have been most successful in building consumer awareness and trust? To what extent can successful marketing help to sidestep or overcome regulatory resistance? And what are the implications for reformers interested in expanding access to justice?
Evidence-Based Lawyer Regulation, Elizabeth Chambliss
Evidence-Based Lawyer Regulation, Elizabeth Chambliss
Faculty Publications
The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure for market liberalization. Independent research is challenging the unique value of lawyers’ services, even in formal legal proceedings, and this research is increasingly well-organized and well-funded at the national level. The organized bar is asleep at the wheel and ill-prepared to respond.
This Article argues that the United States is moving toward evidence-based lawyer regulation, and suggests strategies for equipping …