New Technology to Increase Supply Bibliography & Reading Proposal Prepared By: Daniel Zukerman, Dan Marks and Janice Morrison
Recommended Reading: Law Reviews:
1.) Hugh Calkins, Something About Technology: The Access to Justice Technology Bill of Rights, 19 Maine Bar J. 202 (Fall 2004) The author explains that in Maine, courts seem committed to utilizing technology to promote access to justice, but without careful planning, technology can just as easily be an impediment to access to justice. Technology has great potential to address some of these challenges, and is already being used to ease access for some litigants. The Pine Tree Legal Assistance interactive forms project, in collaboration with the Maine courts, builds on the "pro se friendly" move toward forms-based practice in family law cases. Videoconferencing has been used to provide access to the courts for litigants in the more remote parts of Maine. 2.) Robert J. Howe, The Impact of the Internet on the Practice of Law: Death Spiral or Never-Ending Work? 8 Va. J.L. & Tech. 5 (Summer 2003) The author first poses the question, and then discusses it: "Can law jump the dividing line between its past and its future and channel its strength on knowledge (not just information) into the strength on the Internet that would ensure its freedom to grow?" 3.) Amy S. Moeves & Scott C. Moeves, Two Roads Diverged1: A Tale of Technology and Alternative Dispute Resolution, Wm. & Mary Bill of Rts. J. 843 (2004) The authors discuss the potential application of technology for ADR purposes, explaining that accompanying the rise of ADR processes is the dramatically increased use of technology in legal settings. 4.) Gregory M. Silverman, Technology, Values, and the Justice System: Rise of the Machines: Justice Information Systems and the Question of Public Access to Court Records over the Internet, 12 Wm. & Mary Bill of Rts. J. 843 (2004) The author discusses how technology will change access to justice and eventually change the justice system into an efficient and integrated network. 5.) Erin Smith, New Frontiers for Legal Aid in Texas, 68 Tex. B. J. 958 (November 2005) The author explains that while innovative approaches to the delivery of legal aid have always been necessary, the recent natural disasters have made it all the more pressing. The Texas Access to Justice Commission has implemented several initiatives designed to support and enhance delivery of services to Texans most in need: student loan repayment for lawyers working at organizations funded by the Texas Equal Access to Justice Foundation (TEAJF); law school scholarships for students who promise to work at recognized legal aid organizations for at least three years; and, in collaboration
with the Supreme Court of Texas, the creation of a pro se protective order kit to enable more victims of domestic violence to have access to the justice system. 6.) William A. Scott, Filling in the Blanks: How Computerized Forms Are Affecting The Legal Profession, 13 Alb. L.J. Sci. & Tech. 835 (Summer/Fall 2003) This article discusses the increased availability of information in a "computerized form," any legal document that can be completed or generated on a computer. The software the author explains differs from other ways of providing information in the sense that it does not actually provide the user with any forms, legal documents, or advice of any kind; therefore, it avoids any unauthorized practice of law problems. However, the author concedes, if the software offers some form of interactive help, the program may constitute the unauthorized practice of law. 7.) Gregory P. Ewing Using the Internet as a Resource for Alternative Dispute Resolution and Online Dispute Resolution, 52 Syracuse L. Rev. 1217 (2002) This article discusses the pros and cons of using online dispute resolution. While the author concedes that he believes this area will continue to grow, it does not appear that he approves of the process for all cases. He discusses a mediator’s ability to read people and “between the lines of the problem” making a human mediator a more effective means of dispute resolution. 8.) Randi Kopf, Virtual Law Firm, 37-OCT Md. B.J. 17 (October 2004) This article discusses the benefits and pratfalls of creating and operating a virtual law firm. The author discusses various software, web site ethical considerations (when is an attorney client relation ship begun) and the freedoms of not having a “bricks and mortar” office. Most importantly the author claims that the virtual law firm allows her to give her smaller clients the same type of quality a Jones Day can produce. 9.) Louise Ellen Teitz Providing Legal Services for the Middle Class in cyberspace: The promise and Challenge of On-Line Dispute Resolution, 70 Fordham L. Rev. 985 (December 2001) This article comes from the Symposium on Lawyering for the Middle Class. It discusses the different forms of OnLine Dispute Resolution and their pros and cons. In additions it discusses the jurisdictional problems associated with ODR and e-commerce. The author concludes that with the advent of ODR what we consider legal services will have to be reassessed. Legal services may change from attorney/client to a consumer and legal service provider (not necessarily an attorney). The latter scenario will open the market to the middle class consumer who otherwise may not have sought traditional legal services.
Additional Recent Articles:
1.) Navigating the Maze: U.S. Court Opens Do-It-Yourself Help Desk o By Kari Lydersen o Washington Post Staff Writer o Wednesday, February 1, 2006; Page A21
o http://www.washingtonpost.com/wpdyn/content/article/2006/01/31/AR2006013101442.html 2.) The Supreme Court of Washington: In the Matter of the Access to Justice Technology Principles o http://www.lawhelp.org/documents/273851English.pdf?stateabbrev=/ WA/ 3.) Attorney Coupon Offer Clipped Ohio Ruling OKs Free Consultation Offer in Ads o By Geri L. Dreiling o http://www.abanet.org/journal/ereport/j20coupon.html 4.) Federal court launching help desk for civil cases o Thursday, January 5, 2006 o By The Associated Press o http://www.pjstar.com/stories/010506/REG_B8JULISN.025.shtml 5.) Pro Bono: A Better Alternative o By Josh Sheptow o Saturday, December 31, 2005; Page A19 o http://www.washingtonpost.com/wpdyn/content/article/2005/12/30/AR2005123000989.html 6.) Revolution Overseas: The British Legal Profession Faces Regulatory Upheaval This article discusses the partial deregulation of the current Barrister/Solicitor English system to allow legal services and software to be sold by banks, insurance companies and even grocery stores. E-lawyering is already much more popular in England and it is believed that big dollar industries like banks and insurance companies are allowed to sell legal services, they will invest significant sums of money into technology. -ABA Journal – December 2003 -by Terry Carter 7.) Reform Proposals Pick Up Steam in Britain Included to compare and contrast reforms in U.S. to UK. -ABA Journal E-Report April 1, 2005 -by Molly McDonough 8.) High Tech Justice: A view from the Federal Bench on Courtroom Technology This article discusses the new technology available in the Iowa Federal Courts. The technology, since it is owned by the court, can balance out the differences between wealthy and poor litigants. In addition, the new technology makes it
easier for a jury to understand the evidence as it is being explained by the witness. This may lead to a significant advance in the cause of justice. -ABA Journal of the Section of Litigation, Vol. 30 No. 2. Winter 2004 -by Mark W. Bennett, Chief Judge, U.S. District Court Northern District of Iowa
Websites: Government Sites
Colorado Bar Association The Mission of the Access to Justice Commission is to develop, coordinate and implement policy initiatives to expand access to and enhance the quality of justice in civil legal matters for persons who encounter barriers in gaining access to Colorado's civil justice system. http://www.cobar.org/group/index.cfm?EntityID=dpwaj Washington State Bar Association Washington State's justice system is founded upon the fundamental principle that the justice system is accessible to all persons. The purpose of this website is to provide current, useful, and in-depth information about the "Access to Justice Movement" in Washington State, an explosion of activity that is improving and expanding access to the justice system for low and moderate income people, and moving us closer to our goal of equal justice for all. http://www.wsba.org/atj/
Non-Profit Sites
Center for American Progress Web site providing recent articles on Access to Justice and new methods and/or technologies to try and provide for it. http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=11209 Brennan Center: Access to Justice Project The Access to Justice Project works to ensure that low-income individuals and families in this country are able to obtain effective, enduring and unrestricted legal representation. http://www.brennancenter.org/programs/pov/atj.html Trial Lawyers for Public Justice Trial Lawyers for Public Justice and The TLPJ Foundation are launching a major new initiative – the Access to Justice Campaign – to expose, fight, and defeat the frontal assault now taking place on the right to a day in court. The attacks are taking place in numerous fronts in numerous fashions, but they all serve a common goal: closing the courthouse doors so victims can’t hold the powerful accountable. http://www.tlpj.org/pr/access_justice_120604.htm
World Legal Information Institute Free, independent and non-profit access to worldwide law via the Internet. http://www.worldlii.org/ Washington LawHelp Washington LawHelp is a guide to free civil legal services for low-income persons and seniors in Washington. This site provides legal education materials and tools that give you basic information on a number of legal problems, and in some cases, detailed instructions and forms to help you represent yourself in court. You can also locate information on free legal aid programs in Washington, including basic eligibility and contact information. This guide is a free service which is made possible through a grant from the Legal Services Corporation. http://www.washingtonlawhelp.org/WA/StateAboutUs.cfm/County/%20/City/%20/ demoMode/%3D%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/ 0
Commercial Sites
US Court Forms Access to 60000+ forms, free and fee-based referals. Law-Related and General Internet Discussion Lists. LLRX is a unique, free Web journal dedicated to providing legal, library, IT/IS, marketing and administrative professionals with the most up-to-date information on a wide range of Internet research and technology-related issues, applications, resources and tools. http://www.llrx.com/sources.html LawGuru.com Find free answers and free legal advice to legal questions. http://www.lawguru.com/ WORLDLawDirect Access free legal advice, referrals, and ask-an-attorney options. http://www.worldlawdirect.com/ Net Law Man This web site is included in the list because it shows how advanced it is in providing online legal materials as compared to many of its U.S. counterpart web sites. UK legal documents and free legal information. http://www.netlawman.co.uk/ Legal Referral Services Fast Free and Confidential Lawyer/Client matching service. www.LegalMatch.com Free Legal Information Free legal information and answers to legal questions by state and legal topic.
http://www.LegalAdviceforFree.com My Lawyer Free Legal services and documents offered. http://www.mylawyer.com We The People A legal document preparation service. http://www.wethepeopleusa.com/default.asp Legal Zoom A legal document service on the web that has assembled a team of legal experts, including retired judges and law school professors. The web site helps to quickly and affordably create estate planning documents, start a business and register a trademark. http://www.legalzoom.com National Arbitration Forum The National Arbitration Forum (NAF) is the only leading national arbitration administrator with procedural rules that require its arbitrators to follow and apply the substantive law. With a panel of more than 1,500 third-party neutrals comprised of former judges and seasoned attorneys and a uniform Code of Procedure, NAF resolves cases by applying the law in respective jurisdictions, providing parties with the same outcome they would have achieved in court, but at a fraction of the time and cost. http://www.arb-forum.com/programs/arbitration/aba-chc.asp Divorce-Without-War Couples facing divorce have access to information by selecting the subject from the menu on the home page or by clicking on the subject matter as it is presented on the home page. http://www.divorce-without-war.com Collaborative Divorce Collaborative Law is a process whereby both parties and counsel commit themselves to resolving their differences justly and equitably without resort or threat of resort to the courts. http://www.collaborativedivorce.com/info.html Free Legal Advice Legal Advice site for consumers. http://www.freeadvice.com