AMERICAN BAR ASSOCIATION
STANDING COMMITTEE ON THE DELIVERY OF LEGAL SERVICES
INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES
The mission of the Standing Committee on the Delivery of Legal Services is to maximize access to legal services and justice for moderate-income people. This mission is pursued through four goals:
- To research and identify the scope, dynamics and impact of the unmet legal needs of moderate-income people;
- To create an environment in the legal community cognizant of meeting the legal needs of moderate-income people, and encourage the ABA, other bar associations and legal groups to actively respond to the unmet legal needs of this population;
- To identify, evaluate and advance innovative and exemplary models and develop mechanisms designed to meet the legal needs of moderate-income persons within the marketplace of legal commerce; and
- To identify policies, rules and laws that have an impact on access to legal services for those of moderate income; develop and advance those policies, rules and laws that create improved access to meet legal needs; and identify, debate and challenge policies, rules and laws that create barriers to meeting legal needs.
The Committee maintains an extensive Advisory Council, composed of experts from around the country, to assist in the advancement of these goals. Most Council members are former committee members who continue to contribute after their tenure on the Committee. A roster of council members is posted at http://www.abanet.org/legalservices/delivery/delcomrost.html.
The Committee has researched aspects of pro se litigation for over 20 years, beginning with an analysis of self-represented divorces in Maricopa County, Arizona, in the mid-1980s. The Committee’s research has lead to innovations in the courts, such as the development of self-help centers, and changes in practice, including unbundled legal services. The Committee has brought together both qualitative and quantitative research conducted by other sources and distributed that information through its Pro Se/Unbundling Resource Center, at
http://www.abanet.org/legalservices/delivery/delunbund.html.
As the only national entity specifically dedicated to the delivery of legal services for those of moderate income, the Committee has an extensive outreach component. Committee members have participated in programs on aspects of pro se litigation and unbundled legal services in many states. In recent years, the Committee has provided programming for conferences sponsored by the ABA Center for Pro Bono, the American Judicature Society and the American Prepaid Legal Services Institute. The Committee also participates in state and local conferences and workshops, most recently in New Mexico and Iowa. The Committee is pursuing outreach to law schools. It joined the Law Practice Management Section’s e-Lawyering Task Force to provide an outreach program at John Marshall Law School in Chicago at the 2006 ABA Midyear Meeting. In June 2006, the Committee co-sponsored the Leadership Workshop on Access to Justice, produced by Chicago-Kent College of Law. It is producing a symposium at Southwestern Law School at the 2008 Midyear Meeting in Los Angeles.
As the only national entity specifically dedicated to the delivery of legal services for those of moderate income, the Committee has an extensive outreach component. Committee members have participated in programs on aspects of pro se litigation and unbundled legal services in many states. Some of these presentations are based on the Committee’s online booklet on innovations in the delivery of legal services, at http://www.abalegalservices.org/downloads/delivery/innovations.pdf. In recent years, the Committee has provided programming for conferences sponsored by the ABA/NLADA Equal Justice Conference, the American Judicature Society and the American Prepaid Legal Services Institute. The Committee has participated in a series of regional conferences on Self-Represented Litigations, in New York, Iowa and Texas, as well as a national conference in San Francisco in 2007. The Committee is pursuing outreach to law schools. It joined the Law Practice Management Section’s e-Lawyering Task Force to provide an outreach program at John Marshall Law School in Chicago at the 2006 ABA Midyear Meeting. In June 2006, the Committee co-sponsored the Leadership Workshop on Access to Justice, produced by Chicago-Kent College of Law. It is producing a symposium at Southwestern Law School at the 2008 Midyear Meeting in Los Angeles
The Committee advances innovative and exemplary models of delivering legal services through the annual Louis M. Brown Award for Legal Access and the Blueprints Project. The Brown Award recognizes entities that foster the commitment to affordable legal services to those of moderate incomes. The 2007 Brown Award was presented to the New Hampshire Bar Association for its leadership in the promulgation of rules enabling the limited scope of representation. The Baltimore-based Civil Justice, Inc., the California Commission on Access to Justice, and the Santa Monica coffeehouse Legal Grinds are among the entities that have been recognized through this Award. Details about the Brown Award are posted at http://www.abalegalservices.org/delivery/brown.html. The Blueprints Project encourages replication of successful delivery mechanisms. The Committee creates online technical assistance materials providing detailed information to those interested in duplicating models. The most recent blueprint provides assistance for the development of law school courses on Access to Justice. The next blueprint will create a model for co-pay non-profit legal clinics serving those of moderate income. Information is at http://www.abalegalservices.org/delivery/blueprints.html.
Finally, the Committee is dedicated to the identification, development and advancement of policies that enable and encourage improved access, and to opposing policies and practices which may hinder access. In 2005, the Committee issued a white paper that analyzes rules clarifying the lawyer’s role in serving pro se litigants. The paper, entitled An Analysis of Rules that Enable Lawyers to Serve Pro Se Litigants, is available at http://www.abanet.org/legalservices/downloads/delivery/prosewhitepaperfeb2005.pdf. The paper serves as a guide for states considering policies clarifying the role of lawyers who assist pro se litigants. To supplement the paper, committee members have provided on-site technical assistance to states that are interested in rule changes. Most recently, the Committee has collaborated with other entities to comment on proposed rules to govern legal services in disaster-struck jurisdictions. In 2008, the Committee plans a series of public hearings on the role of technology in the delivery of legal services, with a focus on use of the Internet by both lawyers and non-lawyer entities who are providing such services. After collecting input from the hearings, the Committee will examine the need for policy recommendations.Respectfully Submitted,
M. Catherine Richardson, Chair
February 2008
