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Is there a coherent Access to Justice Movement?

From November’s 5 Question Friday, I have compiled some of the responses and quotes I received in response to this question — Is There a Coherent A2J Movement?
Is there a coherent Access to Justice movement?
There is a trend to the lower points of the scale — and lots of insights into what could be improved,

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What if we redesigned legal systems for the end user?

Legal Design - what would a child welfare system designed for the child look like
A quick talking head sketch of a ‘What-If’ for legal design. What if we started over with our legal systems? Instead of patching over the problems with better interfaces — we imagine what a user-centered legal system would look like from the ground up. This sketch came from a Children Right’s Summit held yesterday at Google’s headquarters, sponsored by the law firm Baker & MacKenzie, that brought together lots of legal & social service providers, together with counsel from a variety of tech companies.

The other insight in this sketch is that legal professionals need outsiders to come in & see where the opportunities lie for redesign. Because the systems are currently so professional-focused, doing more to serve the bureaucracy that currently exists or the status quo practices of the people working in the system — an outside perspective is needed to break open new spaces for innovation.

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Design concepts for civic engagement

Design patterns - from organ donation ideas - design patterns for civic engagement - By Margaret Hagan -Page_1

Design patterns - from organ donation ideas - design patterns for civic engagement - By Margaret Hagan - Page_2

Design patterns - from organ donation ideas - design patterns for civic engagement - By Margaret Hagan - Page_3

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Access to Justice Innovation sketchnote

Margaret Hagan - Access to Justice through technology and innovation - sketchnote

This is a sketchnote that I’ve drawn out while at different Access to Justice meetings, talks, and roundtables — where the discussions have been about how to get more underemployed lawyers better work opportunities, and how to get better legal services to more people in the US.

I’ve been going through my notes to start structuring my thoughts on how innovation can be brought into the ‘Access’ work and conversations in the legal profession.  In the sketchnote, there’s the start of some groupings & priorities — more of that to come in an article I’m writing.

The goal is to give more structure, direction, and collaboration into this work of tech, design, and access to justice.  Right now, there are many stakeholders & experts working in this area, but there is not a clear agenda or priority hitlist.  That is what I want to see, and contribute to: a more defined Access Innovation movement.

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How will legal services evolve?

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Law for Normal People

Originally posted on the d.school’s Whiteboard:
Over this past fellowship year, I’ve run so many workshops and pop-up classes on how to make law more engaging and usable for “normal people”.

People with legal problems or who aren’t highly educated are not alone in this “normal” bucket. People with PhDs, highly paid professionals, even law school graduates fall into this category as well — they want and need legal tools and processes that are built for “normal people”. That’s not to say these people want everything dumbed down. But they don’t want to use an exhausting amount of brain power to just figure out how to get from A to B in the world of law.

No one — except some supernormal lawyers — really enjoys the status quo of densely textual legalese and byzantine process that you must go through to get a legal problem solved.

So now, in the post-workshop phase of my fellowship, I’m sifting through all the findings and putting together patterns that can guide new families of legal product and service design.
Normal People Law Normal People Law- 2 by Margaret Hagan Normal People Law - image 4 - by Margaret Hagan Normal People Law - image 5 - by Margaret Hagan

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Deborah Rhode on Access to Justice & Unauthorized Practice of Law

Deborah Rhode - unlicensed practice of law innovation and tech - Margaret Hagan

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A Legal Design Manifesto

Legal Design Manifesto - by Margaret Hagan 1 Legal Design Manifesto - margaret hagan 2 Legal Design Manifesto - by Margaret Hagan 4 Legal Design Manifesto - by Margaret Hagan 5

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Kiran Jain, City of Oakland attorney, on Law & Design

Lauren Dyson at Code for America wrote up an interview/discussion with Kiran Jain, an attorney in the City of Oakland who has been trained in design & is leading experiments in civic & legal design in the city.  She’s running workshops, launching projects, and piloting new ideas using the design methods she learned at the California College of Arts.

Here’s the interview with Kiran back in January, which is rich with examples of how design can be married with law for the sake of improved legal & public services for lay people — as well as to improve the work-life of lawyers and government workers.

Kiran Jain (@jainkiranc) is an attorney for the City of Oakland with a background in real estate, technology, and municipal law practice. She was also a 2012 Leading by Design fellow at the California College of the Arts. Kiran has worked to bring citizen-centered design into City Hall by leading a series of cross-departmental workshops in Oakland focused on using lightweight, user-centric design methodologies to rethink a cumbersome government process that affects many city agencies and community members: Special Event Permitting.

Kiran recently joined us for a conversation moderated by Cyd Harrell to share results and learnings of applying human centered design in municipal government. Watch the full video here, and read on below are some condensed highlights from the discussion:

Deputy City Attorney is not the typical job title people think of when they think about a “designer.” How did you come to incorporate design principles into your work?

I came to work at the City of Oakland in 2008, right at the height of foreclosure crisis. I was working in this environment where we had limited resources — but unlimited demand. The whole idea of trying to find another way of thinking about traditional government processes really appealed to me. A friend of mine suggested the fellowship at California College of the Arts (CCA).

After diving deeper, I actually found that there’s a lot of similarities between the fields of law and design. Our legal system is based on a set of rules informed by human experience. Those rules have led to layers and layers of process that we now refer to as our bureaucracy. Over time, I think our bureaucracy has become disconnected from human experience — and the intent and feelings that form that human experience. Through design, I’m hoping that we can get back to that intent, and form fresh policies and processes accordingly.

What did you set out to accomplish with civic design in Oakland?

We brought this civic design process to Oakland about a year ago. At that time, Oakland was experiencing about 20 furlough days a year. We were following that old adage by Winston Churchill, “We are out of money; now it’s time to think.” I looked to the design process as a way to rethink traditional government processes and policies in the time of deep budget cuts.

I wanted to apply the methodologies I learned through my fellowship at CCA to a specific process in Oakland. After initial meetings with different city officials, we decided to focus on special event permits. For any event in Oakland — like the Oakland marathon, a street fair, or the Lunar New Year Bazaar — organizers have to get permission from the City. We chose this process for two reasons: there was a deep interest in improving this process among various stakeholders internally, and it touched many different public agencies, including Police, Fire, Parks and Recreation, Public Works, the City Administrator’s office, and Communications. With all the different agencies that are connected to this process, there are many touch points which can lead to frustration not just for event organizers but also for city employees.

In a nutshell, how did you go about doing it?

We broke it down to three different phases. The first was the pre-workshop research, where we gleaned insights from internal stakeholders within government, as well as, external stakeholders who either organized or attended special events. Then, we went through a co-creation workshop with about 15 city employees based on our pre-workshop research, where we were able to learn more about the process and prototype some ideas and solutions for making this a better experience. The third part is execution — to actually develop some of the ideas or prototypes that we developed from our workshop.

What problems did you identify?

Through our pre-workshop research, including stakeholder interviews and a journey mapping exercise, we identified several pain points with the existing process:

  • The process and costs of permitting was not clear to event organizers or city employees.
  • Different city agency stops made the process more challenging and confusing for organizers. That was also felt internally.
  • Communication between our city agencies was not smooth.
  • When event details changed after the permit approval, it was hard to adjust the cost and services accordingly because the request moves between so many different departments.
  • There was no clear metric around the value of the event for the city

What was so interesting was that the pain points in the process for event organizers were very similar to those for city employees.

What solutions did you prototype?

After synthesizing our pre-research findings, we held a four hour workshop where we invited the City employees who touched this process to come in and do some brainstorming with us. There was a lot of white boards, post-its, markers, and the like. We presented our research to the folks in the room. The group made a decision early on in the workshop to focus on the process first, rather than the policy. As we discussed the research and the process, five main principles emerged:

  • Transparency through process visualization
  • Clearly outlined expectations for all stakeholders
  • Simple and codified forms
  • Consistent messaging
  • Create inclusion through feedback loops in the system

After we established these design principles, we had about an hour where we let people just focus on coming up with ideas that we could prototype. Two of our groups actually came up with a similar idea: the online permit platform. This would be a one stop shop where we collect event information online, complemented by designated intake person from the City to liaison with the event organizers, get all the information needed, and then work with other agencies directly to get permission and fees necessary. The online platform would:

  • Communicate overall reasons for the permit
  • Provide detailed instruction
  • Collect all information needed for each agency
  • Create a feedback loop with agency sign-off points

The team also mapped out the step-by-step intake process that would need to be followed to actually implement this idea.

As a follow up to this workshop, we are evaluating two different technology solutions for the one-stop-shop. What was so interesting with this process is that we actually started with stakeholder needs and are now trying to identify a technology solution — while what typically happens in government settings is that the technology solution is presented to us and we address the process concerns second.

How long did this process take?

A workshop like this can happen in a short amount of time, if designed correctly. We were very mindful of the fact that we were asking people to do something extra in their day at a time when they were working with very limited resources.

 

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Better Lawyering for the Poor

via Better Lawyering for the Poor – NYTimes.com.

Access to Justice image people tech laweyers

The New York Times Editorial Board published a piece spotlighting various New York-based initiatives that might transform the structure of the legal industry, and thus open more access to legal resources.

These highlighted projects include

New York State’s chief judge, Jonathan Lippman, is making some innovative changes to the education and training of lawyers as well as to the workings of the court system that bear close watching around the country.

Here is the full, short editorial:

Starting next year, a new program will let third-year law students take the bar exam in February instead of July, in exchange for spending their last semester doing free legal work for the poor under the supervision of seasoned attorneys. The plan enlarges on existing law school internships and previous steps by Judge Lippman to increase the involvement of law schools and students in helping the indigent. Giving third-year students full-time practical training, along with earlier admission to the bar, could help improve their job prospects.

Judge Lippman is also seeking to have more non-lawyers assist unrepresented litigants in housing, consumer debt and other cases. A pilot project in Brooklyn and the Bronx will allow trained non-lawyers called “court navigators” to accompany unrepresented litigants to court and respond to questions from a judge, though not address the court on their own. The legal profession has no reason to feel threatened by this since the navigators will be helping people who cannot afford a lawyer and have no alternative form of representation.

On another front, Judge Lippman is trying to reduce the harmful consequences of old misdemeanor convictions, which can prevent people from finding work and housing or obtaining professional licenses and government benefits.

Starting in April, at his order, the court system will no longer include misdemeanors on the records of people it sells to background screening agencies, if the individuals involved have no other criminal convictions and have not been arrested for 10 years. (There will be exceptions for sex offenses, public corruption and drunken driving.) The judge also plans to submit legislation in Albany that would spare individuals with a clean record for seven years from having to reveal old misdemeanors when applying for a job (with the same exceptions), and give judges authority to seal nonviolent felony convictions after 10 years.

These are all sensible reforms that Gov. Andrew Cuomo and the Legislature should get behind.