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Saturday, January 2, 2010

Change for the U.S. Legal System | Right to Counsel in Civil Litigation and Limited-Scope Representation

A recent Op-Ed in the New York Times by New Hampshire Chief Justice John Broderick and California Chief Justice Ronald George makes the case for CHANGE in the civil legal system in the United States to give litigants the "right to counsel" and the ability to hire attorneys for "limited-scope representation."

Statutes and the court system varies by each state, but some are finally recognizing that change is necessary and allowing legal services to be unbundled and making other solutions available.

"Forty-one states, including California and New Hampshire, have adopted a model rule drafted by the American Bar Association, or similar provisions, which allow lawyers to unbundle their services and take only part of a case, a cost-saving practice known as “limited-scope representation” that, with proper ethical safeguards, is responsive to new realities."

Civil cases in Illinois could benefit from this.  Too often, a person cannot obtain competent legal counsel because of the expense, but many attorneys also choose not to take a case as well because they feel they are only able to help with a certain part of the case, but not necessarily can for the entire case.

From a change of the rules to better use of technology and making the legal system open and accessible, perhaps it can shift a step toward a justice system, not just a legal system.

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