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Current Projects

Law Kiosk in action

Back in 2004, the Legal Services Corporation sponsored a law kiosk for an “online legal service center” on Navajo territory in Arizona, Utah, and New Mexico.  Read an article from back when it was debuted.  It meant to deliver access to justice, specifically for consumer and tax law.

“DNA Peoples Legal Services installed computer kiosks throughout the 25,000 miles of Navajo and Hopi Nations located in Arizona, Utah, and New Mexico through a Technology Initiative Grant from Legal Services Corporation. These web-based kiosks connect to the Internet via satellite and DSL allowing users to access legal information through either spoken instructions delivered in English, Hopi or Navajo or written instructions in English. To further increase accessibility, DNA created custom graphic icons to help clients navigate the website. These touch-screen kiosks, installed in each of its nine offices located on or near Hopi and Navajo reservations, provide information through DNA’s internal web server on issues such as Consumer Law, Tax Law, Trash and Recycling, and information on free income-tax seminars. These kiosks allow DNA People’s Legal Services to better serve these Southwestern Native American communities, which spans across an immense geographical area. 

DNA Legal Services was supplied by a kiosk company, NBG SolutionsA 2002 article from Portland’s Business Journal gave more explanation to the project.

DNA is a nonprofit agency providing free civic legal services to low-income people in its service areas—which happen to cover Navajo and Hopi reservations.

DNA was awarded a technology grant by the Legal Service Corp. to find an innovative way to deliver legal services to clients spread over a vast area— more than 25,000 square miles—with a very small staff.

DNA’s task is challenging: to provide help with legal chores such as name changes, simple divorces and guardianships.

The help is sorely needed. Much of the population in DNA’s service area is under-educated, and poor enough to lack such basic amenities as a phone in the home, let alone a computer.

Language is also an issue for DNA’s clients. “Most of our clients don’t speak or read English,” said Chris O’Shea Heydinger, director of development and information technology for DNA.

“They certainly don’t read in their native languages,” an accomplishment that is limited only to university graduates who pursue the study of Native American languages as an academic subject. Neither Navajo nor Hopi was codified as a written language until the mid-20th century.

A technological solution of some sort was required, rather than simply offering stacks of self-help brochures at DNA offices, precisely because written materials would be no help at all to most clients.

DNA’s answer, built by NBG Solutions, is a kiosk equipped with a touch-screen web browser that can be navigated using custom-designed icons supplied by DNA—for example, a traditional hogan (Navajo house) denoting the home page, and an arrowhead denoting “back” or “forward.”

With the kiosks already delivered and waiting, DNA is in the last stages of designing its web site to deliver spoken information in Navajo or Hopi, depending on where the kiosk is located.

Clients will be able to navigate the graphics-intensive web site to the services they need, and will be able to listen to instructions in their native language, then print out forms as they need them.

The web site, “a labor of love,” according to Heydinger, will go live in April.

The kiosks will be connected to the internet via satellite, because the reservations are so far from the internet backbone.

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Ideabook

Online Dispute Resolution in British Columbia

Open Law Lab - ODR in Canada

Canada — in particular British Columbia — has been the leading light in using online tools for providing dispute resolution to citizens.  They have found most success in small property & zoning disputes, and also with consumer protection cases.

They have done some empirical research and found that people in family law disputes actually DO want online tools in their disputes. Particular use has been found in divorce settlements, dividing up joint property.

The court there is also considering building a full scale online tribunal.

B.C. plans to create the first-ever tribunal in Canada that offers a full array of online tools to allow British Columbians to solve common strata and small civil claims outside of courts, Minister of Justice and Attorney General Shirley Bond announced today.

If passed, the Civil Resolution Tribunal Act will create an independent tribunal offering 24/7 online dispute resolution tools to families and small business owners as a speedy and cost-effective alternative to going to court. The tribunal would address disputes by providing parties with information that may prevent disputes from growing and resolve disputes by consent or, where necessary, by an independent tribunal hearing. Resolving a dispute through the tribunal is expected to take about 60 days, compared to 12 to 18 months for small claims court.

Giving families alternatives to seeking solutions in court is among the B.C. government’s justice reform initiatives to achieve efficiencies and deal with growing resource pressures. The February 2012 Green Paper, Modernizing British Columbia’s Justice System, identified tribunals as a simple and less expensive solution to easing delays in the court system.

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Background

Does the Internet improve young people’s legal access?

A blog post from Richard Zorza’s rich blog on Access to Justice discusses an issue I am currently working on — whether the Internet is a usable and effective resource for non-lawyers to get legal information and support.

Some findings of particular interest:

  • Non-lawyers use search pages to find legal information to diagnose their situation.
  • They rely on the top search results as their primary resources, regardless of whether they are from the user’s jurisdiction, and without taking measures to check their quality.
  • The users sped through pages. Text and interfaces were scanned through quickly, and they flipped through sites quickly, back and forth. There was little slow, deliberate, consideration.
  • The users found some information to help address their legal issues, but they were not confident that their new knowledge was sufficient to truly help them.
  • After consulting Internet sources, the users were more likely to try non-legal processes to resolve their problems, and they did not register the urgency of taking legal means to protect themselves.

Catrina Denver - Legal Self-Help in the UK

Research on Young People’s Use of Internet to Get Legal Information

I am happy to report on, and post, a presentation by, Catina Denvir at the University of London, on preliminary results on research on young people’s use of the Internet in the UK.  I think these prelimnary results are important and helpful in our ongoing planning and design.

The researcher, after observing that there were high levels of access but low levels of use in this area, decided to conduct an experiment to test actual impact from this use of the Internet.  Users were given hypotheticals and then tracked and surveyed in employment and housing law.  These are some of the results.

Changes were Subject Specific (example housing):

“Landlord  
   • Before  -­‐  Knowledge  poor  in  regards  to  eviction  without  a  court  order and whether  the  landlord’s  employees  can  remove  you  from  the  property  

• Uncertainty  as  to  what  constituted  a  breach  of  the  lease  

• After  -­‐  improvement  across  the  board,  but  uncertainty  about  who  can  evict  a  tenant” 

Lots of Searching and Churning Through Pages

Average time on a page less than a minute

Jurisdictional Errors

Did not limit searching to UK — It would be interesting to know about the extent to which people in the UK now assume US law rules (or dear, in some areas of poverty law.)  We obviously have the same problem in the US in terms of distinguishing between states.

Lots of back and forth between sites

Little discrimination as to which sites reliable

Order of Search Results was Very Important

Used top page and top result regardless of reliability. (So we need to do a better job of getting our stuff at the top, and educating public.)

After use of Internet, Greater Emphasis on Informal Mechanisms to Resolve Matter

Failure to understand legal processes

Failure to appreciate urgency

May Increase Knowledge, but not Confidence in Ability to Deal with Problem

This is consistent with other research in which I have been involved.

Obviously, this all opens up huge areas of additional inquiry.  Some of the most obvious:

  • How can we do better with search results (like expanding the LSC Google partnership so that it gets more broadly to trusted ATJ sites?
  • How can we use community eduction so people know to trust ATJ sites (how about a national certification system and courts and legal aid jointly promoting the reliability of those sites?
  • What would people need to have better confidence in their ability to navigate the system — would better descriptions do it, or does the system itself need to be easier?  Some of this could be tested.

Further information about the research is available from Catrina Denvir, catrina.denvir.10(at)ucl.ac.uk, at University College London.

Categories
Current Projects Ideabook

New Generation of Tech for Access to Justice

A great article from Slate on Tech being used for Legal Aid & Access to Justice, with lots of specific examples of how SMS and other basic tech can give reminders, process updates, basic advice, and more lawyering to people who can’t afford lawyers.
The concepts:
  • Automated Call Back Systems from legal services to people who have reached out
  • SMS reminders from courts to litigants about what expectations are
  • Using data for legal services to better track their work & targets
  • Virtual office kits to provide legal services on the go, or outside of legal offices
  • An app that gives checklists to lawyers to ensure they’re catching all the issues

“Don’t Forget Your Court Date”

How text messages and other technology can give legal support to the poor.

Cellphone

It has been three years since the Great Recession ended, but the nation’s courthouses are still swamped with eviction cases, foreclosures, and debt collection suits. If overdue bills and late rent were crimes, all low-income tenants and debtors could get a public defender for free. Because those cases are civil suits, though, the state doesn’t provide an attorney. Which means that in civil court, most people don’t have a lawyer in their corner—even though their homes and financial stability are on the line.

What many do have in their back pockets, however, is a smartphone. And soon, they might be able to find some legal help there, too.

Like everyone else, lawyers for the poor are trying to do more with less, as government grants and private funding have dried up. Increasingly, that means turning to tech, using new tools to deliver information to clients, support volunteer lawyers, and improve their own systems. They’re using text messaging, automated call-backs, Web chats, and computer-assisted mapping.

A crush of new clients is pushing the growing reliance on technology, as the old systems just can’t keep up. For years, people seeking help have called their local legal services offices, only to wait on hold for 20 minutes or more. If someone has a pay-by-the-minute cellphone, as many low-income people do, that gets expensive fast. Many callers just give up, says Elizabeth Frisch, the co-executive director of Legal Aid of Southeastern Pennsylvania. So Frisch and her team are piloting an automated call-back system, using voice over IP, to reduce hold time and save those precious minutes.

Text messages can also improve efficiency. If courts sent SMS reminders to litigants, that would help move along cases that get postponed over and over when one party doesn’t show up, says Glenn Rawdon. Rawdon runs the technology grants program at the Legal Services Corp., the federal program that funds legal aid groups. A text could also help people remember to bring documents to meetings with their overworked lawyers. “It’s very time-consuming if they come to the appointment and say, ‘Oh yeah, I forgot to bring the papers,’ ” Rawdon says. And SMS can be used to deliver basic legal information, like what to look for when signing a lease, or the laws surrounding a wage claim. Legal aid groups in Georgia, New York, Washington, Illinois, and Pennsylvania are all piloting text-based campaigns this year.

For simple questions, technology can help deliver information to clients. For more complicated problems, only a lawyer will do. Unfortunately, there aren’t enough lawyers to go around. That’s particularly true outside of cities.

For example, 70 percent of Georgia’s lawyers are in the Atlanta metro area, although just under 30 percent of the state’s population lives there, according to the State Bar of Georgia. Six counties have no lawyers at all.

“It’s really expensive to deliver legal services in a rural area. Lawyers have to travel,” says Michael Monahan of Georgia Legal Services. Some lawyers at his organization cover six or seven counties, he says, working in the field three or four days a week.

So five years ago, Georgia Legal Services created virtual office kits, with laptops, portable printers, and scanners. They also got an assist from Sprint, which provided free air cards for mobile Internet access and an “extremely low data rate” for unlimited usage.

In Ohio, which also has big rural areas and a shortage of lawyers to serve them, Web chat can help volunteers reach more clients.

The system “allows us to address an imbalance between where the attorneys are and where our clients are,” says Kevin Mulder, executive director of Legal Aid of Western Ohio.

But logistics aren’t the only hurdle for volunteers. They can be “a little uncomfortable taking cases that are outside their practice area,” says David Lund, who runs the Legal Aid Service of Northeastern Minnesota.

If you’re used to dealing with real estate contracts, for instance, a Medicaid case can be intimidating. So he’s developing a set of checklists for specific issues, optimized for tablets, that lawyers can use when they’re volunteering.

They’ll use it at the start of a case, as they’re laying out a client’s options, and at potential settlements, to make sure that they haven’t missed anything crucial. In eviction cases, for example, a landlord can get a judgment of possession. This allows the tenant to leave without paying back rent, but it’s still a judgment against him, which means it can jeopardize eligibility for future subsidized housing, like Section 8. An experienced landlord-tenant lawyer would know that. An occasional volunteer would not. Which is where the checklist comes in.

Some things are best left to full-time legal aid lawyers. But since there are so few, groups are using data analysis and mapping to better focus their scarce resources. Prairie State Legal Services in Rockford, Ill., is using its “incredible mass of data” to develop a mapping project, plotting addresses and legal needs. Director Michael O’Connor says this will help them answer questions like, “Are there clusters in certain communities where lots of people are facing issues with access to public benefits, or substandard housing?” Armed with that information, his staff can do targeted outreach campaigns or ramp up for litigation.

No one thinks technology is a cure-all. Even the best app or website can’t stand next to you in front of a judge, responding to the opposing counsel.

And despite these promising tools, unmet need is enormous. Many clients want more support than they can get from an app or a chat, but limited funds make that unlikely. “For a large percentage of those folks, [help via technology] will be it. That will be the most that we will be able to offer,” says Deb Jennings, who manages a phone helpline at Advocates for Basic Legal Equality in Toledo, Ohio. And the use of new tech tools is in the early stages—many projects are somewhere between concept and beta.

The tools that are in use show great promise. Groups across the country have developed self-help websites, and they’ve been hugely popular. In 2012 so far, more than 3 million people downloaded resources from LawHelp.org, a nonprofit site that offers legal information and legal aid referrals. Through an affiliated site, people can answer simple questions and produce documents ready to file in court. More than 300,000 people have created documents this year, for things like wills, leases, and custody agreements.

In an ideal world, everyone who needs one would have a lawyer. But few people know better than lawyers for the poor just how far from ideal this world is.

Relying on technology “is a bit waving the white flag and saying we acknowledge we’re not going to help everybody, so here’s a second best solution,” O’Connor says. “And it is second best, but it is at least providing help to some people who otherwise wouldn’t get anything.”

This article arises from Future Tense, a collaboration among Arizona State University, the New America Foundation, and Slate. Future Tense explores the ways emerging technologies affect society, policy, and culture. To read more, visit the Future Tense blog and the Future Tense home page. You can also follow us on Twitter.

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Current Projects Training and Info

Open Law app in Canada

CanLii is an app out of Toronto that allows for easier searching of Canadian law. It’s an effort to make the legislation more accessible, and hoping that trickles down to more numbers of people in Canada being in control of their legal pathways.

image

New mobile app gives free access to legal resources, legislation and jurisprudence:

http://business.financialpost.com/2012/07/27/new-free-mobile-app-gives-greater-access-to-justice-to-all-canadians/

by Mitch Kowalski

While RIM flounders, other Canadians in the legal tech field continue to make giant strides.

The newly released app, WiseLii, Canada’s Mobile Legal Research Tool is now available free of charge from iTunes.

This new app was developed with the permission of CanLii (although not affiliated with CanLii) and gives increased mobile access to legal information, legislation and case law for all Canadians.

According to the app’s creator, Toronto lawyer Garry Wise, “This project is an access to justice initiative, bringing legal information, legislation and jurisprudence to all Canadians, free of charge, on the iPhone mobile platform.”

Garry, who is a fervent legal blogger, speaker and one of Canada’s top social media influencers, has been working on this passion project for more than a year.

“I began hearing about law firms building apps,” he said. “I was intrigued but wanted to do something that went beyond the typical “mobile business card” that I was seeing. Increasingly, I found myself reaching for my iPhone at pretrials and mediations, looking up cases, legislation and blogs that were relevant to issues that came up, but the results were hard to read on mobile and the process was not so nimble. A legal research app seemed like an obvious direction. One of our former articling students, Chris Bird was instrumental in developing the idea. As it evolved, the app’s usefulness to the general public as an access to justice tool became increasingly clear – free information democratized justice. That’s the beauty of CanLii.”

Wise pauses for a moment. Then a sly smile appears. “But truth be told, we built it because I wanted to use it myself. “

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Background

Redesigning Court Experiences for people without lawyers

The Chicago-Kent School of Law and IIT completed a massive study of how to build better tools for self-represented litigants (pro-se). Their 470+ page write up includes a variety of concept designs and prototypes for each of 5 stages of the pro se process. IN the past decade since the study was released, a few projects have tried to take advantage of the study’s insights (see: A2J Authoring tools and related apps).

Inside the write-up, there are many concepts waiting to be prototyped and tested. The above map captures the main flows the study envisions.

A great starting point…

Categories
Ideabook Work Product Tool

Assisted Legal Decision Making

Open Law Lab - Assisted Decision Making
Assisted Decision Making from Josh Blackman

Here is the presentation from today’s Stanford Law lunch, with law professor Josh Blackman discussing his startup to rival Pacer in distributing case information in a more usable way, with better ways to see relations between firms, judges, cases, companies, etc.

Assisted Decision Making from Josh Blackman

He also mentioned the possibility of developing a Siri, Attorney at Law, in which a non-lawyer could ask a simple question to their mobile phone: “My landlord won’t fix my heat, what should I do”. The phone would then suggest possible paths of action the non-lawyer could take: call tenant rights’ group; file a pro se suit against the landlord; find a lawyer; or compose a legal document complaining of the problem.

Blackman made the argument that these kinds of future legal tech could be an important means of access to justice — people could get solutions to their legal problems without the hassle and wait of going to a legal services office and waiting for help.


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Dispute Resolution Ideabook

Can Online Dispute Resolution reduce the justice gap?

Open Law Lab - ADR and Technology

LawTechCampLondon from tmcgn7

A presentation from a member of the VirtualCourthouse.com team, on the current problem of Access to Justice, and looking at how online tools — particularly around online dispute resolution and diy legal tools for pro se individuals — could address it.
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Dispute Resolution Ideabook

Against Alternative Dispute Resolution

Categories
Dispute Resolution Ideabook

Mobile phone Dispute Resolution with m-Jirga

Open Law Lab - Process FLow mjirga

 

The M-Jirga from Colin Rule

A presentation by Colin Rule, of Online Dispute Resolution fame, on a concept design for a mobile traditional justice platform. The m-Jirga program would mimic an elders council meeting in a town square or mosque, that would hear disputants’ sides of a conflict, then vote and issue a ruling on who will prevail.

The M-Jirga from Colin Rule is a presentation from a few years ago, with an initial sketch of what a mobile-phone based dispute resolution system would look like.

The m-Jirga was proposed for a rural Afghan audience, but wasn’t ultimately implemented. As a concept design, it is a useful starting point. How might we design systems of justice — that lets a person bring a dispute with another, get a chance to advocate her position, and receive an enforceable ruling — that could be accessed on dumb mobile phones or basic smart phones?

And, how might we let people who are disadvantaged in traditional justice systems (likely: young women, minorities, very poor) present their position in semi-anonymous way, so that their typical disadvantage is erased?