June 28, 2018

Public Policy

Articles

Rebecca A. Albrecht, et al, Judicial Techniques for Cases Involving Self-Representing Litigants, 42 Judges' Journal 16 (Winter 2003).

Kathryn Alfisi, Access to Justice: Helping Litigants Help Themselves, Washington Lawyer (January 2010).

Barrie Althoff, Ethics and the Law: Ethical Considerations for Lawyers and Judges When Dealing with Unrepresented Persons, Washington State Bar News (Jan. 2000).

Andrea R. Barter, Limited Assistance Representation Pilot Program Receives High Marks, Expands, Massachusetts Lawyers Journal (January 2008).

Jeff Bleich, The Neglected Middle Class, California Bar Journal (June 2008).

Courts and the Self-Represented — The Road Ahead (Editorial), American Judicature Society, Vol. 84, at 300 (May/Jun. 2001).

John T. Broderick, Jr. and Ronald M. George, A Nation of Do-It-Yourself Lawyers, New York Times (January 1, 2010).

Kathryn Dahlke, Online Resources Provide Pro Se Guidance and Reveal Pro Bono Opportunities, Colorado Lawyer (July 2009).

Diane S. Diel, Why Don’t They Hire Lawyers?, Wisconsin Lawyer, Vol. 81, No. 9 (September 2008).

Amy Dunn Johnson, Unbundled Legal Services: A Revolution Whose Time Has Come, The Arkansas Lawyer (Vol. 49 No. 3 Summer 2014)

Fern Fisher-Brandveen and Rochelle Klempner, Unbundled Legal Services: Untying the Bundle in New York State, 29 Fordham Urban L J 1107 (Feb. 2002). (Abstract).

Joe Forward, Supreme Court Expands Limited Scope Representation Rules, Gives Lawyers More Guidance, WISBAR News (April 2014)

Richard S. Granat, eLawyering: Providing More Efficient Legal Services With Today’s Technology, New York State Bar Journal (September 2008).

John Greacen, Legal Information vs. Legal Advice: Developments During the Last Five Years, American Judicature Society, Vol. 84, at 198 (Jan./Feb. 2001).

John Greacen, Self-Represented Litigants and Court and Legal Services Responses to Their Needs: What We Know, (2002).

Paula L. Hannaford-Agor, Helping the Pro Se Litigant: A Changing Landscape, Court Review, p. 8, (Winter 2003).

Len Horton, Supreme Court’s Legal Needs Study: Changing Georgia’s Civil Justice System, Georgia Bar Journal, Vol. 14, No. 1 at 56 (August 2008).

Bonnie Hough, Self-Represented Litigants in Family Law: The Response of California’s Courts, California Law Review (January 2010).

Hon. Michael B. Hyman, Why judges should embrace limited scope representation, Illinois State Bar Association Bench & Bar (April 2014)

Adam W. Lasker, New supreme court rules a boon to limited-scope representation, Illinois Bar Journal (August 2013)

Nicole Cudiamat Minnis, Improving Access to Justice – “Unbundling” Legal Services in Illinois, The National Law Review (Agust 2013)

Forrest S. Mosten, Unbundled Legal Services Today -- And Predictions for the Future, American Bar Association Family Advocate (Fall 2012)

John Nickerson, Self lawyering made easier by new rule, attorneys say, greenwichtime.com (March 2014)

Andrea Nordick, Leveling the Playing Field for Pro Se Litigants, Hennepin Lawyer (December 2009).

Carl A. Pierce, When Less Legal Service May Mean More Access to Justice: Limited Scope Representation for Self-Represented Litigants, Tennessee Bar Journal, Vol. 31, No. 2 (February 2005).

John Sheldon and Peter Murray, Rethinking the Rules of Evidentiary Admissibility in Non-Jury Trials, American Judicature Society, Vol. 86, No. 5, at 227 (Mar./Apr. 2003).

Hon. Scott W. Skavdahl, Access to Justice: A Judge’s Perspective, Wyoming Lawyer, Vol. 32, No. 1 (February 2009).

Tara L. Smith Ruesga, Cooperative or Collaborative Practice Models: Using ADR to Meet Clients' Needs for Unbundling, American Bar Association Family Advocate (Fall 2012)

Hon. Beverly W. Snukals and Glen H. Sturtevant, Jr., Pro Se Litigation: Best Practices form a Judge’s Perspective, 42 University of Richmond Law Review 2 (2007).

Robert J. Spagnoletti, Small Income Equals Little Access, Washington Lawyer, Vol. 23, No.4 (December 2008).

Emily K. Spitzer, The Ethics of Unbundling Legal Services in America: Revisiting Legal Ethics at the Turn of the Millennium, (2002).

Carlton D. Stansbury, All Family Law Parties Need Access to Justice, Wisconsin Journal of Family Law (Summer 2009).

Carlton D. Stansbury, As Family Law Changes, So Should the Judiciary, Wisconsin Journal of Family Law (Spring 2009).

Elizabeth A. Sykes and Sue Allison, Help May Be on the Way for Self-Represented Litigants, Tennessee Bar Journal, Vol. 31, No. 2 (February 2005).

Sue Talia, Roadmap for Implementing a Successful Unbundling Program, American Judicature Society (2005).

Suzanne Valdez, Addressing the Pro Se Litigant Challenge in Kansas State Courts, The Journal of the Kansas Bar Association (April 2009).

Books & Reports

20 Things Judicial Officers Can Do to Encourage Attorneys to Provide Limited Scope Representation, Limited Scope Representation Committee of the California Commission on Access to Justice (2003).

Access Across America: First Report of the Civil Justice Infrasctructure Mapping Project, Rebecca L. Sandefur and Aaron C. Smyth, American Bar Foundation (October 2011).

Accessing Justice in the Contemporary USA: Findings from the Community Needs and Services Study, Rebecca L. Sandefur, American Bar Foundation, University of Illinois at Urbana-Champaign (August 2014)

Addressing the Needs of Self-Represented Litigants in Our Courts: Final Report and Recommendations, Massachusetts Supreme Judicial Court Steering Committee on Self-Represented Litigants (November 21, 2008).

American Judicature Society Pro Se Policy Recommendations (Mar. 2002).

Analysis of Survey of Missouri Circuit Clerks Regarding Pro Se/Pro Bono Services, Missouri Supreme Court Committee on Access to Family Courts (September 30, 2008).

An Analysis of Rules that Enable Lawyers to Serve Self-Represented Litigants, A White Paper, ABA Standing Committee on the Delivery of Legal Services (August 2014)

A Report on Programs and Services for Self-Represented Litigants in the New York State Courts, Office of the Deputy Chief Administrative Judge for Justice Initiatives (September 2001).

Civil Legal Needs of Low and Moderate Income Households in Georgia: A Report Drawn from the 2007/2008 Georgia Legal Needs Study, Committee on Civil Justice – Supreme Court of Georgia Equal Justice Commission (June 2009).

A National Conference on Pro Se Litigation – Florida Team Report, Office of the State Courts Administrator, Florida Supreme Court (Jan. 2000).

Challenge to Justice: A Report on Self-Represented Litigants in the New Hampshire Courts, New Hampshire Supreme Court Task Force on Self-Representation (Jan. 2004).

Clearing a Path to Justice: A Report of the Maryland Judiciary Work Group on Self-Representation in Maryland Courts (August 2007).

Commission on the Status of the Legal Profession: Report and Recommendations to the New Hampshire Supreme Court (February 2007).

Commission on Virginia Courts in the 21st Century: To Benefit All, To Exclude None, Supreme Court of Virginia (January 2007).

Committee on Resources for Self-Represented Parties Strategic Planning Initiative: Report to the Judicial Council, Utah Supreme Court (July 25, 2006).

Conference of Chief Judges and Conference of State Court Administrators Joint Task Force on Pro Se Litigation Report (July 29, 2002).

Elkins Family Law Task Force Final Report and Recommendations, California Administrative Office of the Courts (April 2010).

Facilitating Access Training Program Reference Manual: Volume 1, New York State Courts Access to Justice Program (January 2010).

Facilitating Access Training Program Reference Manual: Volume 2, New York State Courts Access to Justice Program (January 2010).

Guidelines for Best Practices in Pro Se Assistance: Task Force on Pro Se Litigation, Louisiana Task Force on Pro Se Litigation of the Judicial Council (October 1, 2004).

Handbook on Limited Scope Legal Assistance, ABA Section of Litigation (2003).

Handling Cases Involving Self-Represented Litigants: A Benchguide for Judicial Officers, California Administrative Office of the Courts (2007).

Interim Report and Recommendations, Maryland Access to Justice Commission (Fall 2009).

Missouri Supreme Court Joint Commission to Review Pro Se Litigation: Report to the Supreme Court of Missouri and the Missouri Bar (September 2003).

Position Paper on Self-Represented Litigation, Policy and Liaison Committee of the Conference of State Court Administrators (2000).

Pro Se Litigation Interim Feasibility Committee Report, Supreme Court of Missouri and Missouri Bar Association (September 2004).

Pro Se Litigation: Meeting the Challenge of Self-Represented Litigants in Wisconsin, Pro Se Working Group, Wisconsin Supreme Court (December 2000).

Pro Se Litigants: The Challenge of the Future, Massachusetts Probate and Family Court Department Pro Se Committee Report (Dec. 1999).

Reinventing the Practice of Law: Emerging Models to Enhance Affordable Legal Services, Luz Herrera, Editor, ABA Standing Committee on the Delivery of Legal Services (2014)

Report and Recommendations of the Supreme Court Task Force on Pro Se & Indigent Litigants, Supreme Court of Ohio (April 2006).

Report and Recommendations on "Unbundled" Legal Services, Commission on Providing Access to Legal Services for Middle Income Consumers, New York State Bar Association (Dec. 2002).

Report of the Boston Bar Association Task Force on Unrepresented Litigants (Aug. 1998).

Report of the Committee on Pro Se Parties and Civil Justice Reform, Final Report of the Governor's Task Force on Civil Justice Reform, Colorado, (1990).

Report of the Joint Iowa Judges Association and Iowa State Bar Association Task Force on Pro Se Litigation (May 18, 2005).

Report of the Nebraska Supreme Court Committee on Pro Se Litigation (Nov. 22, 2002).

Report on the Special Committee on Limited Scope Representation, Supreme Court of Missouri and Missouri Bar Association (July 20, 2007).

Report of the Statewide Law Library/Self-Help Center Advisory Workgroup, Minnesota State Court Administrator’s Office (January 17, 2007).

Self-Represented Litigants: Characteristics, Needs, Services, The Results of Two Surveys, Office of the Deputy Chief Administrative Judge for Justice Initiatives (December 2005).

Self Represented Litigants in the Virginia Court System, Supreme Court of Virginia Pro Se Litigation Planning Committee, Enhancing Access to Justice Report (Sept. 2002).

Simplifying the Maze: A Fresh Look at Nevada’s Court System, Nevada Supreme Court Judicial Assessment Commission (October 2000).

The Self-Help Center Census: A National Survey, ABA Standing Committee on the Delivery of Legal Services (August 2014)

The Self-Help Friendly Court: Designed from the Ground Up to Work for People Without Lawyers, Richard Zorza, State Justice Institute (2001).

User Friendly Courts: Customer Service in the Court House, Nathaniel T.W. Folkemer, Coalition for Justice (December 2007).

Cases

Check back for cases related to public policy.

Court Rules

ABA Model Rule of Professional Conduct 1.2(c) governs unbundling and states, “A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.”

ABA Model Rule of Professional Conduct 6.5 allows attorneys to provide short-term, limited legal services, when participating in non-profit or court-annexed programs.

Ethics Opinions

ABA Formal Opinion 07-446 (2007)
A lawyer may provide legal assistance to litigants appearing before tribunals "pro se" and help them prepare written submissions without disclosing or ensuring the disclosure of the nature or extent of such assistance.