Accessible Professionalism: Personal Plight Legal Prac5ce

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1 Accessible Professionalism: Personal Plight Legal Prac5ce Noel Semple University of Windsor Faculty of Law Law and Society Associa5on May 31, 2014

2 Chicago Lawyers Studies (1982; 2005)

3 A Map of the Bar Personal Clients Corporate Clients

4 A Map of the Bar Personal Business Personal Plight Corporate Transac5onal Corporate Disputes

5 Personal Plight: Epicentre of A2J Problem Personal Business Personal Plight Corporate Transac5onal Corporate Disputes

6 Technology and Outsourcing Personal Business Personal Plight Corporate Transac5onal Corporate Disputes

7 Technology and Outsourcing Personal Business Personal Plight Corporate Transac5onal Corporate Disputes

8 Technology and Outsourcing Personal Business Personal Plight Corporate Transac5onal Corporate Disputes

9 Technology and Outsourcing Personal Business Personal Plight Corporate Transac5onal Corporate Disputes

10 A2J Research Demand side: legal needs; self- reps

11 A2J Research Demand side: legal needs; self- reps Supply side: pro bono; legal aid

12 A2J Research Demand side: legal needs; self- reps Supply side: pro bono; legal aid Courts; legal services regula5on

13 A2J Research Demand side: legal needs; self- reps Supply side: pro bono; legal aid Courts; legal services regula5on PPLP Research

14 A2J Research Demand side: legal needs; self- reps Supply side: pro bono; legal aid Courts; legal services regula5on PPLP Research Stra5fica5on; gender; race

15 A2J Research Demand side: legal needs; self- reps Supply side: pro bono; legal aid Courts; legal services regula5on PPLP Research Stra5fica5on; gender; race Ethics in prac5ce; communi5es of prac5ce

16 A2J Research Demand side: legal needs; self- reps Supply side: pro bono; legal aid Courts; legal services regula5on PPLP Research Stra5fica5on; gender; race Ethics in prac5ce; communi5es of prac5ce Business vs. profession

17 Law and Society Studies: Personal Plight Prac5ce

18 A2J Research PPLP Research Demand side: legal needs; self- reps Supply side: pro bono; legal aid Courts; legal services regula5on A2J Analysis of Personal Plight Prac4ce Stra5fica5on; gender; race Ethics in prac5ce; communi5es of prac5ce Business vs. profession

19 People with unmet legal needs Personal plight legal prac5t- ioners

20 People with unmet legal needs Cost Cost structure Legal unconsciousness Old- fashioned service models Personal plight legal prac5t- ioners

21 Ques5ons for Prac55oners Cost How much do you charge? Same price for everyone? Do you discount your bills, and for what reason?

22 Ques5ons for Prac55oners Cost Structure Time- based, con5ngency, or flat rate billing? Cash retainer required?

23 Ques5ons for Prac55oners Legal unconsciousness Do you adver5se and if so, how? How do your clients know that they need you? How do your clients come to you?

24 Ques5ons for Prac55oners Old- fashioned service models If you could con5nue your prac5ce in a larger firm, would you? How would you feel about prac5cing in an alterna5ve business structure with a non- lawyer investor and/or manager? Your views on unbundled services Your view on who s in charge?

25

26 A Cost Structure Barrier: Lack of Unbundled Services? In interview aeer interview, SRLs described going systema5cally through the Yellow Pages and calling a dozen or more law offices asking: Will you assist me with my case by (eg) reviewing my documents/ appearing with me at a hearing/ other task, and bill me only for the hours we agree that you spend on this assignment? To their amazement, almost no lawyer said yes. Julie MacFarlane, The Na'onal Self- Represented Li'gants Project

27 Why Not? It s the Culture, Stupid! (MacFarlane) Service orienta5on / perfec5onism Regula5on makes it too risky? Regula5on à monopoly à full caseload of more lucra5ve tradi5onal retainers

28 A Service Model Barrier: Lack of Innova5on? "Everyone who can par5cipate in providing legal services is trained in the same way, and spends most of their 5me interac5ng with professionals just like themselves. This limits the likelihood that new ideas will emerge. Imagining that it is likely that a process that involves lawyers talking only to other lawyers will give birth to fundamentally new means of accomplishing long- held objec5ves is like imagining that librarians, whose job aeer all is advising on how to find informa5on, would have eventually invented Google. Gillian Hadfield, Innova'ng to Improve Access

29 Methodology Mixed methods : survey plus interviews plus archival sources Surveys before interviews or vice versa? Draw interviewees from survey sample? Oversample innovators?

30 Comparison Family Lawyers Pers. Injury Lawyers Personal plight, private law prac5ces Clients confron5ng serious life challenges Linle or no state funding

31 Comparison Family Lawyers Pers. Injury Lawyers Personal plight, private law prac5ces Clients confron5ng serious life challenges Linle or no state funding 5me- based billing < > con5ngency billing linle / no adver5sing < > extensive adver5sing Indvidual v. individual < > individual v. corpora5on

32 A Map of the Bar Personal Business Personal Plight Corporate Transac5onal Corporate Disputes

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