Court Organization and Court Organization and ManagementManagement

February 2, 2012February 2, 2012 Lawyers and Court Lawyers and Court

AdministrationAdministration

Ian Greene

Class Organizational MattersClass Organizational Matters Group Presentations (class web page): first one next Group Presentations (class web page): first one next

ThursdayThursday InternshipsInternships

Students requiring internship for grad diploma: Students requiring internship for grad diploma: Ahmed, Ahmadi, K., Ahmadi, N., Barakat, Cabral, Ahmed, Ahmadi, K., Ahmadi, N., Barakat, Cabral, Chendamarai, Harvey, Kanagasabapathy, Karmali, Chendamarai, Harvey, Kanagasabapathy, Karmali, Khan, Mloka, Motavalli, Narang, Segal, Sihra, Stone, Khan, Mloka, Motavalli, Narang, Segal, Sihra, Stone, Zamir (17)Zamir (17)

Khesrau Ahmadi leading students doing criminal Khesrau Ahmadi leading students doing criminal justice inventory (forget “subjects” and “related justice inventory (forget “subjects” and “related reforms”reforms”

Baar project: wait until Feb 16 when Carl at classBaar project: wait until Feb 16 when Carl at class May be opportunities in summer with MinistryMay be opportunities in summer with Ministry May be opportunities with Cost of Justice Project May be opportunities with Cost of Justice Project

(Prof. Jacobs)(Prof. Jacobs)

Diana Lowe articleDiana Lowe article About Diana LoweAbout Diana Lowe Four-year research project: the Civil Justice System & the PublicFour-year research project: the Civil Justice System & the Public Approach similar to study I conducted of “court users” in Alberta Approach similar to study I conducted of “court users” in Alberta

(summarized in Ch 2 of Greene book) (summarized in Ch 2 of Greene book) 300 + interviews300 + interviews Four major conclusionsFour major conclusions

Litigants, represented or unrepresented, want more Litigants, represented or unrepresented, want more information about what is going on in their case in plain information about what is going on in their case in plain languagelanguage

Many want to avoid going to court and are seeking alternatives Many want to avoid going to court and are seeking alternatives to litigation (eg motor vehicle arbitration program)to litigation (eg motor vehicle arbitration program)

Civil justice system is alienating: disrespectful commentsCivil justice system is alienating: disrespectful comments We need to listen the the public – eg complaints about family We need to listen the the public – eg complaints about family

matters cases never coming before same judgematters cases never coming before same judge

Richard Susskind: The end of lawyers?

Access to Justice: Lord Woolf’s report, 1996: faster, cheaper, fairer justice (see link on class web page)

But we should also think about dispute avoidance: avoid legal problems altogether

Medical analogy Recognition: know when legal advice is needed Selection: how to find the most appropriate advice Service: less costly, emotionally-draining, and time-

consuming On-line services? Should the state fund legal services? Legal insurance? Efficiencies needed in providing legal services

Community legal clinics?

Furlong: end of traditional legal business model

Recession of 2009 & thousands of lawyers laid off There will be radical changes in how law is practiced Susskind:

Spectrum of legal services, most of which are pre-packaged to client’s needs, and most not provided by lawyers

Decomposition of legal tasks into component parts, some of which can be out-sources, even overseas (few lawyers involved)

Ten “disruptive” legal technologies that can be accessed on-line, including on-line dispute resolution

Lawyers should focus on high-end work that requires judgment Demand to make legal fees more predicable will make “billing

by the hour” unacceptable to most Lawyers should embrace this opportunity for change – both

they and clients will be more satisfied. Major changes are coming. Is Furlong right?

National Action Committee on Access to Justice (Civil & Family)

First meeting in Edmonton, fall, 2008 (judiciary, bar, prov govt’s)

Supported by CJ McLachlin Some Recommendations:

Avoid duplication of effort Stimulate debate within professional communities

leading to a national debate Cost of justice Law-related education Support for self-represented litigants

Spectrum of Legal Services in Canada

Public Legal Education and Information Legal Advice Lines Paralegels Unbundling legal services Legal aid: accessibility “in the path”

Legal problems often lead to health, drug, alcohol problems

Legal Expenses Insurance