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THE LEGAL PROFESSION and DELIVERY OF LEGAL SERVICES

Fall 2010
Jeanne Charn
Thursdays 4:20-6:10 pm
WHJH417

PART I: INTRODUCTION – HISTORICAL AND COMPARATIVE PERSPECTIVES

September 16 - History: From Charity to Entitlement

Clinton Bamberger, first President of OEO Legal Services, Address to National


Conference of Bar Presidents, (1966).

Arvin Abraham, Legal Services Besieged: Documenting the Debate Over the Legal Services Corporation
and Recommendations for De-Politicization,” fall 2008 course paper.

Jeanne Charn, “Legal Services for All: Is the Profession Ready?” LOYOLA OF LOS ANGELES LAW REVIEW,
2009.

Additional Readings:
John Kilwein, The Decline of the Legal Services Corporation: ‘It’s ideological, stupid!” in Francis Regan
et al., THE TRANSFORMATION OF LEGAL AID: COMPARATIVE AND HISTORICAL STUDIES (1999).

Earl Johnson, Jr. Justice and Reform: A Quarter Century Later in Francis Regan et al., THE
TRANSFORMATION OF LEGAL AID: COMPARATIVE AND HISTORICAL STUDIES (1999).

Gary Bellow, The Extension of Legal Services to the Poor: New Approaches to the Bar’s Responsibility,
in Arthur Sutherland, ed, THE PATH OF THE LAW FROM 1967 (1968).

Bryant Garth, The “Unmet Need” for Legal Services: Justifying Neighborhood Law Firms and The United
States, in NEIGHBORHOOD LAW FIRMS FOR THE POOR: A COMPARATIVE STUDY OF RECENT DEVELOPMENTS IN LEGAL
AID AND IN THE LEGAL PROFESSION, (1980).

Earl Johnson, Jr. JUSTICE AND REFORM: THE FORMATIVE YEARS OF THE AMERICAN LEGAL SERVICES PROGRAM
(1974), The Legal Aid Movement and the Goal of Equal Justice, The Neighborhood Lawyer Experiments
and the Goal(s) of Social Reform, and Necessity Mothers a Priority Goal for the Legal Services Program.

James Wexler, Practicing Law for Poor People, 79 YALE L. J. 1049 (1970)

September 16- Comparative Perspectives


Richard Zorza, Making an International Case LSC EQUAL JUSTICE MAGAZINE, September 2003.

Alan Paterson and Tamara Goriely, eds., A READER ON RESOURCING CIVIL JUSTICE (1996),
Introduction: Resourcing Civil Justice and Financing Legal Services: A Comparative Perspective.

William Alford, ‘Second Lawyers,’ First Principles: Lawyers, Rice Roots Legal Workers, and the Battle
Over Legal Professionalism in China, 2005 draft paper.

Additional Readings:
Earl Johnson, Jr., Comparative Commitment to Equal Justice: Some New Statistical Indicators,
International Legal Aid Group Conference, Melbourne, Austrialia, 2001.

Frances Regan, Is Effective Legal Aid in Developing Countries Possible? The Case of the People’s
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Republic of China, ILAG 2005 unpublished conference paper.

Tony Gaughan, Nate Meyer, Jeanine Zalduendo, A Comparative Analysis of Third Sector Legal Services:
Brazil, Australia and the United Kingdom, Fall 2005 course paper.

NO CLASS on September 23

PART II: STRATEGIES TO EXPAND ACCESS IN THE UNITED STATES

September 30 - Pro Bono: the Limits of Voluntarism

Rebecca L. Sandefur, Lawyers ‘Pro Bono’ Service and American-Style Legal Assistance, 41 LAW AND
SOCIETY REVIEW 79 (2007)

Jon Cohen, “Understanding Pro Bono in Large Law Firms: Cultivating the Empirical Wasteland” course
paper, Fall 2007.

Steven Daniels and Joanne Martin, Legal Services for the Poor: Access, Self-Interest and Pro Bono, in
Rebecca L. Sandefur, ed, ACCESS TO JUSTICE, 2009.

Model Rules 6.1, 6.2, 6.3 and 6.4 and related commentary

Additional Readings:
Cisternino, Epstein, Gordon, Zionts, “The Promise and Peril of Law Firm Pro Bono: An Empirical
Analysis” course paper, Fall 2007.

Crystal MacKellar, Pro Bono Publico: Private Attorneys’ Delivery of Free Legal Services to the Poor” 3rd
year and course paper, 2003, especially part V “Small Law Firms.”

Russell Capone, Rob Jackson, Anton Melitsky, Hashim Moopan, Andy Oldham and Thiru Vignarajah,
Problematizing Pro Bono, Spring 2005 course paper.

William C. Fay, Adam J. Fletcher, Colleen C. Guillford, ‘Pro Bono’ Specialization: An Efficient Response
to LSC Restrictions, Fall 2005 course paper

Katie Durick, The Dance of Deferral: How Law Firms Are Leaning on Pro Bono, course paper spring 2009
Roger Smith, Pro Bono in England and Wales, November 2002, unpublished paper.

Charles Fried, excerpt from The Lawyer as Friend: The Foundations of the Lawyer Client Relationship,” 85
Yale 1060 (1976).

October 7 - Paralegals and the Unauthorized Practice of Law Problem

Richard Moorhead, Alan Paterson, and Avrom Sherr, Contesting Professionalism: Legal Aid and Non-
Lawyers in England and Wales, 37 LAW & SOC. REV. 765 (2003).

Charles R. Scott, Inexpensive Expert Advocates: Professional Non-Lawyer Representation in Federal


Administrative Hearings, course paper, Fall 2005.

Opinion of the Justices, 289 Mass. 607 (1937).

Model Rules 5.3, 5.5, and 5.7 and related Commentary; Model Code comparison.

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Additional Readings:
Kristen Sostowski, Accessing Justice: Reforming Unauthorized Practice Law, Learning from Advanced
Practice Nursing Regulation, DLS course and 3rd year paper, 2001.

Joi Pierce Cregler, The Role of Independent Paralegals in Improving the Quality and Delivery of Legal
Services, course and 3rd year paper, 2002.

Jeremy Sanchez, Small Claims Data: California Courts, course paper, Fall 2007.

New York Unauthorized Practice Rule

October 14 - Self-Help, Court Reforms, and Unbundled Legal Services/Discrete Task


Representation

John Greacen, Framing the Issues for the Summit on the Future of Self-Represented
Litigation, unpublished paper, Self Represented Litigation Summit, 2005.

Kathleen M. Sampson, Progress to Date: Survey Results Updating Self-Represented


Litigation Activities 1999-2004, unpublished paper, Self Represented Litigation Summit, 2005.

Forest Mosten, Unbundling of Legal Services and the Family Lawyer,


28 Fam. L. Q. 421, 1994-1995

Milleman, et als, Rethinking the Full Service Legal Representation Model:


A Maryland Experiment, Clearinghouse Review, March-April 1997

M. Sue Talia, Engaging the Private Bar: A Path to Reducing the Need for
Self-Represented Litigation Support, unpublished paper, Self Represented
Litigation Summit, 2005.

Model Rules 1.1, 1.2, 1.3, 1.4, 1.7, 1.8, 1.9, 1.10, 1. 16, 2.1, 4.2, 4.2, 6.5 and related
commentary; Model Code comparison.

Additional Readings:
Richard Zorza, THE SELF-HELP FRIENDLY COURT, May 2002.

Discrete Task Representation/Unbundled Legal Services

John Greacen, Family Courts and Self-Represented Litigants – a Decade Later,


draft 2004.

Peter Murray, The Disappearing Massachusetts Jury Trial, Mass.L.Rev. Fall 2004.

Togstad v. Vesely, 291 N.M.2nd 686 (1980)

American Bar Association, Formal Opinion 07-446 (May 5, 2007).

Massachusetts Bar Association, Ghostwriting Opinion 96-31 (May 29, 1998).

Forest Mosten, Unbundling: What Is It? Why It Works for Clients and Lawyers and
Ethical and Malpractice Barriers to Unbundling: How to Deliver Discrete Task Services
Without Being Sued or Disciplined in UNBUNDLING LEGAL SERVICES: A GUIDE TO
DELIVERING LEGAL SERVICES A LA CARTE (2000).
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Emily K. Spitzer, The Ethics of Unbundling Legal Services in America: Re-visiting
American Legal Ethics at the Turn of the Millennium, 3rd year paper, 2002,

October 21 - New Service Models

Not for Profits


Bohnett and Thomas-Jensen, Below-Cost Legal Services: The Centro Model, course paper, fall 2007

Kerry Dingle, Co-Locating Legal and Non-Legal Services: A Case Study of the West Heidelberg
Community Legal Services, course paper, spring 2009.

Additional reading:
Ilan Graff and Burden Walker, Building the House of Justice: Bet Tzedek as a Model for Legal Services,
course paper, fall 2008

Saritha Tice and Renat Lumpau, Outsourcing and Legal Services: Improving Efficiency to Maximize Client
Service, course paper Fall 2008.
Market Efforts

Shelley de Alth and Carrie Meyers, Coffeehouse Lawyering: A Case Discussion of Unique Methods of Legal
Services Delivery, course paper, fall 2007.

April Farris and Urska Velikonja, Multidisciplinary Collaborative Law Firm: A Case Study of the Boston
Law Collaborative, LLC, course paper Fall 2008

ABA Formal Opinion 07-447 Ethical Considerations in Collaborative Law Practice, August 9, 2007

Additional reading:
Lawrence C. Lee, Wilson-Sansini Goodrich and Rosati’s Term Sheet Generator and How It Expands
Access to Legal Services, course paper, spring 2009

October 28 - Pre-paid Legal Services

Brian Daley, The UAW Plan and the Debate over Prepaid Legal Services, Course and
third year paper, 2003

Eli Cohen and William D. Rahm, Pre-Paid Legal’s Promise: An Insurance Firm
or a Matching Network Fall 2005 course paper.

Wayne Moore, The Impact of Group and Prepaid Legal Services: Plans to Meet
the Needs of Middle Income People available, ILAG 2003 Harvard Law School

Additional reading:
Steve Herbes, Prometheus and the Trojan Horse: A Look at Pre-Paid Legal Services
Industry in the United States DLS and 3rd year paper, 2001

Michael D. Frakes, Judicare Reimbursement Structure: Guidance from the


Experience of Medicaid/Medicare, Spring 2005 course paper.

November 4 - Linking Service and Professional Training - The Medical Model


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EDUCATING LAWYERS

Jeanne Charn, Service and Learning: Reflections on Three Decades of the Lawyering
Process at Harvard Law School” 10 CLIN.LAW REV. 2003.

Jeanne Charn and Jeff Selbin, Legal Aid, Law School Clinics and the Opportunity for Joint Gain, MIE
EXHANGE, 28 (WINTER 2007).

Additional reading:
Donald Schon, Educating the Reflective Practitioner, 2 Clinical Law Rev. 232, (1995-96).

David Elihu, the Impact of Educational Debt, Career Decisions, and the Bottom Line: How the Economic
Crisis Forced the AmLaw 100 to Increase the Availability of legal Services for the Poor, course paper,
spring 2009

Patrick Bradley, Medical Education as a Prototype for Legal Education,


Spring 2005 course paper.

Carlye Murphy, Mentoring in the Legal Profession: Exploring the Continuum,


3rd year paper 2005.

Jamie Wisz, The History and Development of Teaching Hospitals and Their Service
to the Poor: A Working Model? 2001 course paper.

November 11 - Technology Driven Service Models; Service and Professional Training

Richard Susskind, From Bespoke to Commodity, 1 LAW TECHNOLOGY JOURNAL 4, 2006.

Richard S. Granat, On-Line Legal Services for Low and Moderate Income Clients:
Private market Solutions to Meeting Legal Needs, http://ilagnet.org/conference/ilag2003.htm

Additional Readings
Arjun Mehra and Ana-Claudia Dragonovic, The Future of On-Line Dispute Resolution for Low and
Moderate Income Clients, course paper, fall 2008

Elizabeth Bell, et als, I-Can! E-File: Tax Preparation, Self-Help and the Delivery of Legal Services,course
paper, fall 2008.

UPL student paper 2010

Allen K. Yu, Enhancing Legal Aid Through an Open Source Commons Model,
20 HARV. J. LAW & TECH. 373 (2007).

Chris Johnson, Ben Weiner, Chris Looney, Legal Services Technology Landscape, course paper, fall 2008.

PART III: POLICY CHALLENGES

November 18 - Assessing Legal Need: Priorities, Problem Clusters and Downward Spirals

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William Felstiner, Richard Abel, Austin Sarat, The Emergence and Transformation of Disputes: Naming,
Blaming, Claiming…, 15 Law&Soc’y Rev. 632, 1980-1981.

Rebecca Sandefur, The Importance of Doing Nothing: Everyday Problems and Responses to Inaction, in
Pascoe Pleasence, Alexy Buck and Nigel Balmer, eds., TRANSFORMING LIVES: LAW AND SOCIAL PROCESS,
Legal Services Research Centre, 2007.

Rebecca Sandefur, The Experience of Civil Justice Problems: Strategies and Consequences, paper
presented at “Reaching Further: New Approaches to the Delivery of Legal Services,” 7th Biannual Legal
Services Centre Research Conference, Greenwich, England, June 2008.

Additional Readings:
Albert Currie, The Legal Problems of Everyday Life, presented at Law and Society Association, Berlin
2007.

Pascoe Pleasence, et als, A Helping Hand: The Impact of Debt Advice on People’s Lives, LSRC Research
Report (2007).

Jon Johnson, Studies of Legal Aid and Legal Need in a Market Context in Francis Regan et al., THE
TRANSFORMATION OF LEGAL AID: COMPARATIVE AND HISTORICAL STUDIES (1999).

Algodones Associates, The American Bar Association Legal Needs Study,


www.algodonesassociates.com/legal_services/assessing_needs/abalegal.htm, last visited 8/15/2007

December 2 - Assuring Quality as Access Expands

Gary Bellow, Turning Solutions Into Problems: The Legal Aid Experience 34 NLADA BRIEFCASE 106 Aug.
1977.

Jeanne Charn, Time for a System Wide Quality Agenda, MIE JOURNAL, Summer 2004.

ABA Model Rule 1.1, 1.3, 3.1, 3.2, 5.1 and 5.2 and related commentary and Model Code comparisons.

Read one of the following:


Atul Gawande, The Bell Curve, THE NEW YORKER, December 6, 2004.

Michael Moss, Mammogram Team Learns From Its Errors, THE NEW YORK TIMES, June 28, 2002.

Review:
Richard Moorhead and Alan Paterson, Contesting Professionalism, September 18 reading.
Additional Readings:
Case Study of the Hale and Dorr Legal Services Center from “Program Owned Evaluation,”
www.greatprograms.org.

Brian Lee, Translating Quality into Reality: Lessons from Medicine, Spring 2005 course paper.

Jack Katz, Lawyers for the Poor in Transition: Involvement, Reform and the Turnover Problem in the
Legal Services Program, 12 Law & Soc. Rev. 275 (1978).

December 9 - Complex Mixed Models: Towards a More Effective US Legal Aid System

Jeanne Charn and Richard Zorza, CIVIL LEGAL ASSISTANCE FOR ALL AMERICANS (2005) - available on the course
web site.
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Richard Moorhead and Pascoe Pleasence, Access to Justice After Universalism, 30 JOURNAL OF
LAW AND SOCIETY 1, March 2003

Rebecca Sandefur [Loyola piece, forthcoming]

Additional reading:
James L. Baillie, The Role of the Private Bar in a Model System for the Delivery of Legal Services, 26 Ham.
J. of Pub. Law & Pol. 195, 2005.

Ethan S. Bernstein, Legal Management: The Case for a Managed Model for the Delivery of Legal Services,
Fall 2002 course paper.