OREGON FAMILY COURTS WHAT S NEW WHAT S TO COME

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1 OREGON FAMILY COURTS WHAT S NEW WHAT S TO COME By: Statewide Family Law Advisory Committee William J. Howe, Vice-chair Gevurtz, Menashe, Larson & Howe, P.C., Portland Hon. Beth Bagley Judge, Deschutes County 2013 OSB/Family Law Section Conference October 10, 2013, Salishan, Oregon 1

2 What is the Statewide Family Law Advisory Committee (SFLAC)? Created by the 1997 legislature upon the sunset of the Oregon Task Force on Family Law (ORS Members appointed by Chief Justice Task: To advise the Chief and State Court Administrator in carrying out their duties relating to family law. AND identifying family law issues that need to be addressed in the future. 2

3 Chief Justice Order Serve as the principle entity to review or identify those family law issues that need to be addressed Make recommendations for major family law policy and legislative changes SFLAC Chair and Vice-chair meet with Chief Justice at least annually 3

4 SFLAC MEMBERS Chair: Judge Paula Brownhill Judge, Clatsop County Astoria Vice-Chair: William J. Howe, III Gevurtz Menashe Larson & Howe P.C. Portland Stephen Adams Attorney and Mediator, Enterprise Amy Bonkosky Trial Court Administrator Crook/Jefferson Circuit Courts, Prineville Justice Dave Brewer Justice, Oregon Supreme Court Salem Colleen Carter-Cox Coordinator, Lane Co. Fam. Asst. Program Eugene Kate Cooper Richardson Director, Oregon Child Support Program Salem Janice Garceau Program Manager Multnomah County Family Court Services Portland Laurie Hart Evashevski, Elliott, Cihak & Hediger, P.C. Corvallis Linda Hukari Trial Court Administrator, Benton County Corvallis Lauren Mac Neill Director, Clackamas County Resolution Services, Oregon City Judge Maureen McKnight Presiding Judge Multnomah County Family Court, Portland Judge Rebecca Orf (ret.) Staff Counsel, Oregon Judicial Department, Salem Judge Keith Raines Presiding Judge, Washington County Hillsboro Linda R. Scher Family Mediator, Portland Robin Selig Oregon Law Center, Family Law Support Unit, Portland 4

5 SFLAC COLLABERATION WITH IAALS IAALS = Institute for the Advancement of the American Legal System Executive Director: Rebecca Kourlis - Former Colorado Supreme Court Justice IAALS assistance to SFLAC Research SFLAC Reform Proposals Develop Evaluation Protocols Honoring Families Initiative - Australia Model 5

6 The Old & The New Budget shortfall Expected to continue so reduced services the new normal ecourt marches forward Court practices are changing to accommodate reduced funding Informal Domestic Relations Trial Managing Self-Represented litigants Unbundled Legal Services Licensed Legal Technicians Interactive forms 6

7 Our Budget Plan 7

8 A Self-Represented on Evidence 8

9 INFORMAL DOMESTIC RELATIONS TRIAL (Deschutes SLR attached) Opt In Exceptions for DV, etc. Most rules of evidence waived Standard of review unchanged Opportunity for Unbundled Legal Services 9

10 Deschutes County SLR How is it Working Judge Bagley? SLR (attached) Waiver form: orm/dissolution/trial_selection_and_waiv er_form.pdf (attached) Brochure (attached) Additional information: 10

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20 Trends in the Legal Profession Increasing self help Self-help culture, anti-lawyer bias, weak economy Legalzoom.com ($69 will, $795 prenup), rocketlawyer.com Many more self-representeds - 70% in Family Law Why do individuals self-represent? Has created huge challenges for the Courts Presents opportunities for lawyers Clients and Law Firms adapting Outsourcing ($200 vs. $30/hour), Justice Café, House Counsel, The Lawyer Bubble ediscovery has arrived 20

21 Changing Business Model Law firms consolidating; solos increasing Calls for the end to the billable hour and increased use of Alternative Fee Arrangements Newer lawyers demanding a work-life balance and face staggering debt The consuming public is resorting to a Home Depot, self help approach Lawyers are expensive and seen to increase controversy Lawyers are fungible, clients are fungible relationship reduced to a transaction 21

22 Unbundled Legal Services Partial Solution? SFLAC/OSB/OJD wishes to promote unbundling See Amber Hollister July 2011 OSB Bulletin article (attached) RPC 1.2(b) A lawyer may limit the scope of representation... (with informed consent) OSB Formal Opinion Model OSB/PLF approved fee agreement? PLF coverage applies to unbundled services California limited scope representation form Justice Café : 22

23 Possible Additional Reforms Interactive forms Licensed Legal Technicians OSB Task Force Triage Models and Resource Centers eg. HFI, Australia Not being proposed but legislation expected Spousal support guidelines (PLEASE contact Judge Raines with comments on attached Request for Comment ) Joint custody presumption 23

24 Licensed Legal Technicians Non-lawyers dispensing some legal advice Authorized in 7 states, Washington D.C. and Canada June 15, 2012, Washington Supreme Court order adopting LLLT Rule stating: [w]e have a duty to ensure the public can access affordable legal and law related services, and that they are not left to fall prey to the perils of the unregulated market place. Order at 5-6. OSB has created Limited Legal Technicians Task Force Report due to OSB President

25 Bottom Line Our profession must become more creative in delivering legal services to middle class. If we do not, legislation will follow. (Remember title insurance, workers comp, railroad claims, etc.) If we do not regulatory changes are sure to follow Increased access to justice is profitable and the right thing to do 25

26 EFFECTIVE TRIAL PRESENTATION OF ELECTRONIC EVIDENCE 26

27 Alas, E-Discovery Has Arrived 97% of all information is in digital format, and most is never printed (UC Berkeley Study ) ORCP 43 allows; ORCP 36(C) Proportionality Case law & malpractice risk: Sample Documents compliments of Tom Howe: Download Link: Zip File Password: ed61 Tom Howe, , [email protected] 27

28 Resources New forms and Parenting Plan Guide see OJD website Forms soon to be interactive Robin Selig updating Parenting Plan Guide: DOJ Division of Child Support has grant to fund the completion of the interactive parenting plan which is scheduled for completion in Fall, Link: milylaw/parentingplan.page. Current Research and trends affecting family law practitioners - Association of Family and Conciliation Courts A fabulous resource as is the Associations journal the Family Court Review. The Lawyer Bubble by Steven J. Harper, Basic Books

29 Comments & Suggestions OSB will make this PowerPoint available Next SFLAC meeting December 6,

30 Thanks for Attending! 30