Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation
-
Upload
todd-davidson -
Category
Documents
-
view
22 -
download
0
description
Transcript of Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation
![Page 1: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/1.jpg)
Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation
Amy Dunn JohnsonVincent Morris
![Page 2: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/2.jpg)
Pop Quiz: Question #1
Of the following countries, which one ranks the lowest on the World Justice Project Civil Justice Index for access to civil justice? Iran Ukraine Sierra Leone United States
![Page 3: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/3.jpg)
The U.S. ranks 65th out of 100 countries in access to and affordability of civil legal services and is the lowest among industrialized nations.
Source: WJP Rule of Law Index 2014
![Page 4: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/4.jpg)
Pop Quiz: Question #2
A 2011 Arkansas study on self-represented unrepresented litigants in family law cases. The study indicated that what percentage of these cases had at least one unrepresented party? 54% 68% 71% 99%
![Page 5: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/5.jpg)
Cases with Unrepresented LitigantsCase Type Pro Se
PetitionerPro Se
Respondent (or default)
Cases with at least one
SRL (or default)
Family 39% 91% 99%
Financial and housing
1% 92% 93%
Probate 52% 99% 99%
Source: Chanley Painter, Exploring the Problem of Self-Represented Litigants in Arkansas Civil Courts (2011)
![Page 6: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/6.jpg)
Pop Quiz: Question #3
For 2013 graduates of UA and the UALR Bowen School of Law, what percentage are currently employed in jobs that require a JD? 62% 74% 88% 91%
![Page 7: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/7.jpg)
As of March 2014, 62% of Arkansas law school graduates were employed in jobs requiring bar passage.
Source: American Bar Association Section of LegalEducation and Admissions to the Bar
![Page 8: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/8.jpg)
Poverty in Arkansas
According to the 2010 Census:
•The total population of Arkansas is 2,915,918
•724,000 people, or 25% of the state’s population qualify for legal aid
![Page 9: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/9.jpg)
Three Avenues to Court
•Legal aid
•Pro bono attorneys
•Self representation
![Page 10: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/10.jpg)
Legal Aid in Arkansas
•There are two legal aid programs in Arkansas:▫Legal Aid of Arkansas (LAA)▫Center for Arkansas Legal Services (CALS)
LAA
CALS
![Page 11: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/11.jpg)
•Each year, these two programs receive about 30,000 calls for help
•Approximately half of all qualified families are turned away due to lack of resources
![Page 12: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/12.jpg)
Pro Bono Service in Arkansas
•8,500 licensed attorneys in Arkansas
•In 2012, 67% of licensed attorneys reported having performed pro bono service
•In 2012, 1103 private attorneys volunteered to take pro bono cases through legal aid
![Page 13: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/13.jpg)
It’s Not Just Poor People
“Less than 4 out of 10 moderate income people turn to the legal system for their legal problems. More than a quarter of them do nothing.”
Source: American Bar Association
![Page 14: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/14.jpg)
The New Reality
•We will never be able to provide lawyer for every poor person, let alone everyone of modest means
•Proliferation of online affordable fixed-fee services such as Rocket Lawyer and LegalZoom. “DIY” effect.
•Increasing availability of technology that can automate routine aspects of legal practice
![Page 15: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/15.jpg)
How Can the Legal Marketplace Adapt?
Ark. R. Prof. Conduct 1.2(c): “A lawyer may limit the scope of the representation if the representation is reasonable under the circumstances and the client gives informed consent.”
![Page 16: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/16.jpg)
Unbundling: What it Does
•Makes legal services affordable to persons of modest means
•Affords attorneys the opportunity to acquire previously unprofitable work that is time-limited and higher in volume
![Page 17: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/17.jpg)
Unbundling: What it Is
Lawyer provides representation only with regard to a clearly-defined portion of the client’s needs. Examples:•Document drafting or review•“Ghostwriting” pleadings for a specific
case•Limited appearances•Legal coaching/strategy•Conducting legal research
![Page 18: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/18.jpg)
Unbundling: What it is NOT
•A substitute for full representation when the matter is too complex or the client to unsophisticated
•Representation until the retainer is exhausted
•Second-class service
•Pro bono or “low” bono work
![Page 19: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/19.jpg)
Unbundling: Common Concerns•Malpractice risk•Judicial willingness to honor limited
appearances•Communication between client and
opposing counsel when representation ends
•Ghostwriting for a pro se litigant who is appearing on behalf of an estate or entity
![Page 20: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/20.jpg)
Unbundling: Best Practices
•Establish good intake process •Conduct conflict checks•Provide client education materials•Keep records of interactions with client•Explain unbundled services to full-service
clients•Make sure unbundled legal services are
covered by malpractice insurance•Confirm completion of matter in writing•Provide good customer service
![Page 21: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/21.jpg)
Unbundling in Arkansas
•Arkansas Access to Justice Commission Task Force on Self-Represented Litigants
•ABA-funded Pilot Project on Limited Scope Representation for Uncontested Divorces with Children
•“Pro Bono in a Box” Clinics
![Page 22: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/22.jpg)
Resources
•ABA Resolution on Unbundling: www.arkansasjustice.org/node/192
•Stephanie L. Kimbro, Limited Scope Legal Services (2012).
•Arkansas Legal Services Partnership Website: www.arlegalservices.org
•Arkansas Access to Justice Commission Website: www.arkansasjustice.org/limitedscope
![Page 23: Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation](https://reader035.fdocuments.in/reader035/viewer/2022062321/56812c70550346895d910761/html5/thumbnails/23.jpg)
Contact Us
Arkansas Access to Justice Commission
1300 W. 6th Street, Room 110Little Rock, AR 72201
(501) 492-7175 | fax (501) 682-9421www.arkansasjustice.org