1. Court Organization and Management February 2, 2012 Lawyers and Court Administration Ian Greene

2. Class Organizational Matters Group Presentations (class web page): first one next Thursday Group Presentations (class web page): first one next Thursday Internships Internships Students requiring internship for grad diploma: Ahmed, Ahmadi, K., Ahmadi, N., Barakat, Cabral, Chendamarai, Harvey, Kanagasabapathy, Karmali, Khan, Mloka, Motavalli, Narang, Segal, Sihra, Stone, Zamir (17) Students requiring internship for grad diploma: Ahmed, Ahmadi, K., Ahmadi, N., Barakat, Cabral, Chendamarai, Harvey, Kanagasabapathy, Karmali, Khan, Mloka, Motavalli, Narang, Segal, Sihra, Stone, Zamir (17) Khesrau Ahmadi leading students doing criminal justice inventory (forget “subjects” and “related reforms” Khesrau Ahmadi leading students doing criminal justice inventory (forget “subjects” and “related reforms” Baar project: wait until Feb 16 when Carl at class Baar project: wait until Feb 16 when Carl at class May be opportunities in summer with Ministry May be opportunities in summer with Ministry May be opportunities with Cost of Justice Project (Prof. Jacobs) May be opportunities with Cost of Justice Project (Prof. Jacobs)

3. Diana Lowe article About Diana Lowe About Diana Lowe Four-year research project: the Civil Justice System & the Public Four-year research project: the Civil Justice System & the Public Approach similar to study I conducted of “court users” in Alberta (summarized in Ch 2 of Greene book) Approach similar to study I conducted of “court users” in Alberta (summarized in Ch 2 of Greene book) 300 + interviews 300 + interviews Four major conclusions Four major conclusions Litigants, represented or unrepresented, want more information about what is going on in their case in plain language Litigants, represented or unrepresented, want more information about what is going on in their case in plain language Many want to avoid going to court and are seeking alternatives to litigation (eg motor vehicle arbitration program) Many want to avoid going to court and are seeking alternatives to litigation (eg motor vehicle arbitration program) Civil justice system is alienating: disrespectful comments Civil justice system is alienating: disrespectful comments We need to listen the the public – eg complaints about family matters cases never coming before same judge We need to listen the the public – eg complaints about family matters cases never coming before same judge

4. 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?

5. 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?

6. 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

7. 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