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Full-Text Articles in Legal Profession

The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau Apr 2020

The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau

Maine Law Review

In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys ...


Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr. Jan 2020

Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.

The Journal of Business, Entrepreneurship & the Law

Our essay has five parts: (i) a discussion of how external forces are reshaping the economics of today’s legal industry; (ii) examples of the types of decisions that tend to drive up the cost of bills in contravention of ethical duties; (iii) a discussion of possible reasons for those decisions (including a short discussion of social science explanations); (iv) a description of how attorneys can use data analytics tools to self-govern how they staff, deliver and bill for their legal services; and (v) recommendations for how both clients and law firms can benefit from proactively managing, on the front ...


The Trouble With Lawyer Regulation, James E. Moliterno Aug 2019

The Trouble With Lawyer Regulation, James E. Moliterno

James E. Moliterno

The American legal profession has been a backward-looking, change-resistant institution. It has failed to adjust to changes in society, technology, and economics, despite individual lawyers' efforts to change their own practices and entrepreneurs' efforts to enter the legal marketplace to serve the needs of middle- and lower-income clients. When change does come, the legal profession is a late- arriver, usually doing no better than catching up to changes around it that have already become well ensconced. This failure robs society of what could be a positive role of the legal profession in times of change, and it deprives the profession ...


“The More Things Change, The More They Remain The Same:” Lawyer Ethics In The 21st Century, Gregory C. Sisk Aug 2019

“The More Things Change, The More They Remain The Same:” Lawyer Ethics In The 21st Century, Gregory C. Sisk

St. Mary's Journal on Legal Malpractice & Ethics

At an accelerating pace since the recession, our legal profession has been undergoing structural changes in the delivery of many legal services. At the same time, longstanding principles of ethics continue to govern the day-to-day lives of practicing lawyers.

This article lays out four examples of how meaningful change in lawyer practice has been accomplished since the turn-of-the-century with continued adherence to bedrock professional concepts. First, the rules now embrace the multi-jurisdictional practice of law, while the disciplinary authority of each jurisdiction is emphatically confirmed and strengthened. Second, rules on lawyer advertising are streamlined to grant largely open-ended permission for ...


Access To Justice Meets Opportunity: Reverse Auction Ventures As A Possible Solution To The Unaffordability Of Personal Plight Legal Services And Oversupply Of Lawyers, Shawn P. Quigg May 2019

Access To Justice Meets Opportunity: Reverse Auction Ventures As A Possible Solution To The Unaffordability Of Personal Plight Legal Services And Oversupply Of Lawyers, Shawn P. Quigg

Major Papers

Individuals who experience personal plight legal issues face several barriers to justice. Low- and medium-income earners are especially disadvantaged, given the high financial, temporal, and emotional costs associated with accessing justice. Simultaneously, law schools are graduating more law students than jobs available. The imbalance leaves many young lawyers, with mounting debt, no means with which to pay off the debt. The purpose of this study is to assess the viability of a legal services reverse auction platform as a solution to the access to justice and lawyer oversupply problems.

The feasibility study examines the characteristics of the business models of ...


Legal Education Unbundled (And Rebundled), Megan Carpenter Jan 2019

Legal Education Unbundled (And Rebundled), Megan Carpenter

Law Faculty Scholarship

This essay calls for an unbundling of legal education, much like the kind of unbundling we have seen in the cable, music, and print news media. It suggests that the standard legal education "bundle"-the generalized JD-is just one of many forms of legal education that can be packaged appropriately for today's legal education market needs.


Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter Jan 2019

Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter

Faculty Scholarship

State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the ...


Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter Jan 2019

Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter

Faculty Scholarship

State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the ...


Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry Dec 2018

Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry

Laurel S. Terry

This handout was prepared for the ICLR 2019 Conference held in Edinburgh, Scotland: https://www.lawscot.org.uk/members/cpd-training/iclr-2019/programme/.  The session was entitled "Outside the Law Office: Where Do the Boundaries of Regulation Lie?.”  This handout is divided into four sections:

1) the "remit of regulation” in the United States;
2) international and U.S. resources related to the topic of lawyers’ separate business interests;
3) international and U.S. resources related to the topic of lawyers’ use of social media; and
4) lawyers in the gig economy.

In addition to the resources listed in this handout ...


An Excerpt From Chapter 3 Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law, Michele Destefano Dec 2018

An Excerpt From Chapter 3 Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law, Michele Destefano

University of Miami Business Law Review

No abstract provided.


The Wise Counselor: Review Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law By Michele Destefano, Honorable William G. Young Dec 2018

The Wise Counselor: Review Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law By Michele Destefano, Honorable William G. Young

University of Miami Business Law Review

No abstract provided.


Roger C. Cramton And The Legal Services Corporation, Charles W. Wolfram Sep 2018

Roger C. Cramton And The Legal Services Corporation, Charles W. Wolfram

Cornell Law Review

No abstract provided.


Roger C. Cramton And The Availability Of Legal Services, Thomas D. Morgan Sep 2018

Roger C. Cramton And The Availability Of Legal Services, Thomas D. Morgan

Cornell Law Review

No abstract provided.


Innovation Diffusion In The Legal Industry, William D. Henderson Jan 2018

Innovation Diffusion In The Legal Industry, William D. Henderson

Articles by Maurer Faculty

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an "innovation diffusion curve" and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in ...


The Law Firm Operations Team: Collaborative Agent Of Change In A Changing Profession, James Keuning, Ann Rainhart Jan 2018

The Law Firm Operations Team: Collaborative Agent Of Change In A Changing Profession, James Keuning, Ann Rainhart

Mitchell Hamline Law Review

No abstract provided.


Athens Access To Justice Initiative: Judicial Leadership + Bar Support + Local Resources = Powerful Synergy, Eleanor Lanier Jan 2018

Athens Access To Justice Initiative: Judicial Leadership + Bar Support + Local Resources = Powerful Synergy, Eleanor Lanier

Scholarly Works

No abstract provided.


Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon Oct 2017

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal ...


The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle Apr 2017

The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle

Michigan Business & Entrepreneurial Law Review

The legal services market is changing. This change has been driven by various factors through the years: expansion of in-house legal departments, globalization (through mergers and outsourcing), technological advances, and the rise of alternative legal service providers. This paper explores these factors in isolation—i.e., discussing each factor separately and distinctly from other factors. Then, this paper seeks to understand these factors together, as products of a legal services market that is evolving from the growth stage into the mature stage.

Part I summarizes the early history of law firms, including the rise of the Cravath System through the ...


Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer Jan 2017

Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer

Articles

Medical-legal partnerships (MLPs) integrate legal services into health care settings to provide holistic care and address the social determinants of health. This article brings a legal-empowerment lens to MLP work, arguing for a stronger focus on communities. It examines the application to MLPs of bringing services to communities, investing in rights literacy, and partnering with community-based paralegals. It then outlines the potential for a transformation in health and legal services to a rights - rather than needs-based framework where communities are active partners in program design and development.


Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook Jan 2017

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Washington University Journal of Law & Policy

This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects ...


Addressing Cultural Bias In The Legal Profession, Debra Chopp Jan 2017

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted ...


The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera Dec 2016

The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera

St. Mary's Journal on Legal Malpractice & Ethics

This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own ...


European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon Nov 2016

European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.


Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa Oct 2016

Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa

Faculty Scholarship

This Article uses the ethicist Peter Singer's principles to examine and critique the legal profession's pro bono efforts in the face of the persistent gap between the public's legal needs and their ability to meet them. Singer argues that adults should jump into a pond to save a drowning child. Using the drowning child as an analogy, this Article argues that lawyers are morally obligated to (1)increase the amount of their pro bono efforts, (2) be more selective in the cases they take, and (3) be significantly more generous in their financial support for legal services ...


The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia Jul 2016

The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia

Impact Center for Public Interest Law

No abstract provided.


Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey Jul 2016

Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey

Impact Center for Public Interest Law

No abstract provided.


The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell Jul 2016

The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell

Impact Center for Public Interest Law

No abstract provided.


Moving Women Out Of Poverty: A Call To Action For Legal Aid, Catherine Carr Jul 2016

Moving Women Out Of Poverty: A Call To Action For Legal Aid, Catherine Carr

Impact Center for Public Interest Law

No abstract provided.


The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel Terry Jan 2016

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel Terry

Faculty Scholarly Works

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur. This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have ...


Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark Jan 2016

Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

Faculty Scholarship

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases and ...