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Closing Legal Services Gap Means Moving Beyond 'Access to Justice'

Dan Lear, director of industry relations for Avvo, writes on The New Normal Blog that lawyers need to move beyond "access to justice" initiatives to close the legal services gap because they are "entirely ineffective." He also notes that, under the traditional access to justice model, clients get one-on-one attention from attorneys, but this is inefficient. Moreover, some clients of modest means can afford to pay something and often have better access to technology and other resources "that would help them self-educate, receive unbundled legal services delivered partially or fully though technology or online, or navigate the legal system with only limited guidance from an attorney."

More Entrepreneurs Needed to Address 'Epic Imbalance of Supply and Demand' in Legal System

Theresa Amato, writing in an op-ed in The New York Times, questions why the demand of Americans for legal services for life-altering civil matters can't be met by all the lawyers who are unemployed (The U.S. ranks 65th for accessibility of its civil justice, she notes).

The reason that unemployed lawyers can't plunge in right away to address the civil justice gap is because 86 percent of lawyers have six-figure debts, she says. But she offers some solutions: professors who have represented clients should be hired to train practice-ready lawyers. Congress should continue the program that forgives law-school debt for lawyers who work in the nonprofit or government sector for a decade. And more incubator programs should be funded by philanthropists to help young lawyers start "low bono" law offices in which clients are charged low prices for legal services.

Hat tip on this piece to my former law school classmate, Joe Ross, who has started a weekly newsletter of his own roundup of important legal news. Check it out at: http://joeross.me/blog/

History Project Highlights Discrimination Jewish Lawyers Overcame

Submitted by Amaris Elliott-Engel on Sun, 01/19/2014 - 12:20

Here's an excerpt of a story I wrote for the Connecticut Law Tribune about the Jewish Historical Society of Greater Hartford's oral history project documenting Jewish lawyers and judges in Connecticut:

When Gerry Roisman graduated law school in 1962, one of the partners at the law firm where his mother worked as a legal secretary said he would help Roisman find a job.

As he sat in the partner's office, Roisman listened as the lawyer called up a senior partner at one of the major law firms in Connecticut and extolled Roisman's credentials.

But "the thing turned from positive to negative, and he hung up the phone and he looked at me square in the eye and said: 'They would love to hire you. Your credentials are great, you're bright and you have all kinds of positive things going for you," including contacts in Greater Hartford, Roisman recounted.

The partner continued with the bad news, Roisman recalled: "But the answer I got was, 'My clients wouldn't like it and we're gonna pass.'"
The only thing objectionable about Roisman? His Jewish identity.

Roisman's story is going to be one of many that the Jewish Historical Society of Greater Hartford is documenting for an oral history project of Jewish lawyers and judges in Connecticut.

Estelle Kafer, the historical society's executive director, said the group continues to seek contributions of stories and experiences of Jewish lawyers. The project will culminate in the publication of a scholarly journal and an event on May 14 to celebrate the project.

The society has documented the rich histories of the Jewish members of other professions, including doctors who formed Mount Sinai Hospital because they could not get admitting privileges at other hospitals. "I think the general public doesn't realize the discrimination they faced," Kafer said.

Roisman said he also faced discrimination when he tried to represent banks. After law school, Roisman had a general practice that included criminal, personal injury, commercial, tax, estate planning, immigration, and family law fields. Roisman also was a leader in getting Connecticut to adopt no-fault divorce. Now his West Hartford practice focuses on family law and working with his son in the sports law field.

"Every [law] office I know of in the city of Hartford has overcome those biases and prejudices, but it was very real coming out of law school," Roisman said.

The first Jewish lawyer in the Hartford area practiced in the 1890s, so the goal of the project is to bring that history "forward for 110 years," Roisman said.

The first Jewish lawyers in the Hartford area were the product of Jewish immigration from Germany in the latter part of the 19th century. The numbers grew after a second wave of Jewish immigration from Eastern European countries in the early part of the 20th century, said Hartford Superior Court Judge A. Susan Peck, who is among those working on the history project.

Many Jewish lawyers worked their way out of extreme poverty and somehow managed to go to Ivy League law schools, Peck said.

There was a period in the 1940s, '50s and '60s in which Jewish lawyers weren't accepted in some law firms. As a result, Jewish lawyers began to form their own firms. Among them was Rogin Nassau and Schatz & Schatz, Peck said.

"Now these law firms, as the profession has evolved and as Jews have established themselves as valuable members in these professions … have merged into larger law firms," she said.

Out of Child's Murder Comes 20 Years of Setting The Standard For Representing Children

Submitted by Amaris Elliott-Engel on Mon, 12/09/2013 - 12:17

An excerpt of the piece I wrote for The Connecticut Law Tribune on the Children's Law Center of Connecticut, which is celebrating 20 years of protecting children this year:

After 6-year-old Ayla was murdered, Judith Hyde heard a voice inside her head. The message: Create a children's legal advocacy center to represent young children in family court.

Hyde had founded the Child Protection Council of Northeastern Connecticut, which included a small program to provide supervision for court-ordered visits between parents and their children. During one of those visits, Ayla Rose Moylan was shot and killed by her father, who was apparently upset by his former wife's plan to remarry. The visit supervisor, Joyce Lannan, was shot too and ended up blinded in one eye.

Out of Ayla's death and out of Hyde's intuition came the founding of the Children's Law Center of Connecticut, an organization whose core service is providing legal advocates to children in highly contentious family court cases. Hyde wrote in a piece of literary writing that she shared with the Law Tribune that, after the shooting incident, she felt tired and wanted time to recuperate. But the voice inside pushed back, telling Hyde: "Now is the time when you will have people with you to make this happen."

Twenty years later, the center represents children in eight of Connecticut's judicial districts with plans to expand into Norwich next year if funding stays steady, according to Executive Director Justine Rakich-Kelly. The organization has been celebrating its 20th anniversary with a series of events this year, including its annual gala held on Dec. 6.

Read the full story here.

Lessons Learned From Superstorm Sandy On Disaster Law

When we think of disasters, we don't automatically think of legal services. But this interview with a legal aid attorney shows that legal advocacy is a huge part of recovering from disasters like Superstorm Sandy. "If in the future legal services are understood to be an essential part of disaster relief, that would be a big improvement. Now that we have experience, future disaster responses will be much more coordinated. We know what to expect, what to prioritize, how to assist clients, and what resources we need to ask elected officials and the government for," according to an attorney from the New York Legal Assistance Group.

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