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Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation

Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation. Amy Dunn Johnson Vincent Morris. 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?

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Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation

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  1. Pro Se, No Way: Increasing Market Share and Access to Justice Through Limited Scope Representation Amy Dunn Johnson Vincent Morris

  2. 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

  3. The U.S. ranks 65th out of 100 countries in access to and affordability of civil legal services and is the lowestamong industrialized nations. Source: WJP Rule of Law Index 2014

  4. 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%

  5. Cases with Unrepresented Litigants Source: Chanley Painter, Exploring the Problem of Self-Represented Litigants in Arkansas Civil Courts (2011)

  6. 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%

  7. As of March 2014, 62% of Arkansas law school graduates were employed in jobs requiring bar passage. Source: American Bar Association Section of Legal Education and Admissions to the Bar

  8. 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

  9. Three Avenues to Court • Legal aid • Pro bono attorneys • Self representation

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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.”

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. Contact Us Arkansas Access to Justice Commission 1300 W. 6th Street, Room 110 Little Rock, AR 72201 (501) 492-7175 | fax (501) 682-9421 www.arkansasjustice.org

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