NEW TECHNOLOGIESNEW TECHNOLOGIESTO INCREASE SUPPLYTO INCREASE SUPPLY

Equal Justice and the Equal Justice and the Digital Revolution: Digital Revolution:

Using Technology to Using Technology to Meet the Legal Needs of Meet the Legal Needs of

Low-Income PeopleLow-Income People

By Julia GordonBy Julia Gordon

The Project for the The Project for the Future of Equal JusticeFuture of Equal Justice

A Joint Effort of the National Legal Aid and A Joint Effort of the National Legal Aid and Defender Association (NLADA) and the Defender Association (NLADA) and the Center for Law and Social Policy (CLASP)Center for Law and Social Policy (CLASP)

Objectives:Objectives: Educate and deliver information to managers and Educate and deliver information to managers and

advocatesadvocates Spur innovation and experimentationSpur innovation and experimentation Evaluate new toolsEvaluate new tools Create a vibrant community of legal services Create a vibrant community of legal services

technologiststechnologists

How New Technologies Serve How New Technologies Serve the Goal of Equal Justicethe Goal of Equal Justice

Improve Program and Office Improve Program and Office ManagementManagement

IntakeIntake Case Management SystemsCase Management Systems Data CollectionData Collection Document AssemblyDocument Assembly Remote RepresentationRemote Representation Staff and Volunteer RecruitingStaff and Volunteer Recruiting

How New Technologies Serve How New Technologies Serve the Goal of Equal Justicethe Goal of Equal Justice

Improving Client Education, Improving Client Education, Preventing Legal Problems, and Preventing Legal Problems, and Assisting Pro Se LitigantsAssisting Pro Se Litigants

Information for Low-Income People and Information for Low-Income People and CommunitiesCommunities

www.peoples-law.orgwww.peoples-law.org HotlinesHotlines

How New Technologies Serve How New Technologies Serve the Goal of Equal Justicethe Goal of Equal Justice

Increasing Access to Assistance and Increasing Access to Assistance and Information to AdvocatesInformation to Advocates

ResearchResearch TrainingTraining

www.m-i-e.org/services/listserv.htmwww.m-i-e.org/services/listserv.htm Communications and CommunityCommunications and Community

Project Recommendations:Project Recommendations:1.1. Broaden the funding base for technology related Broaden the funding base for technology related

workwork2.2. Address substantive issues at the intersection of Address substantive issues at the intersection of

technology policy and low income communitiestechnology policy and low income communities3.3. Provide community legal education and assist Provide community legal education and assist

pro se litigantspro se litigants4.4. Create a culture of information sharingCreate a culture of information sharing5.5. Develop better and more integrated Develop better and more integrated

technologies and applicationstechnologies and applications6.6. Make a higher commitment to technology on an Make a higher commitment to technology on an

organization levelorganization level7.7. Evaluate the use of new technologiesEvaluate the use of new technologies8.8. Work collaboratively to plan, execute, and Work collaboratively to plan, execute, and

support technology-based worksupport technology-based work

Technology, Values, and the Technology, Values, and the Justice System: The Justice System: The

Common Law Process: A Common Law Process: A New Look at an Ancient New Look at an Ancient Value Delivery SystemValue Delivery System

By Dennis J. Sweeney By Dennis J. Sweeney

How the Common Law System How the Common Law System WorksWorks

Common law develops slowly and uncertainly, but technology is neither slow nor conservative.

Principles do not become alive until they are applied to a societal dispute.

In modern common law analysis, the rule frequently originates outside of the judicial system such as constitutions, statutes, law reviews, and treatises.

If access to justice is to be a reality, where will the guiding principles come from?

Access to Technology Access to Technology Bill of RightsBill of Rights

www.atjtechbillofrights.orgwww.atjtechbillofrights.org

ATJ-TBoR Mission:ATJ-TBoR Mission:

““To create a body of enforceable fundamental To create a body of enforceable fundamental principles to ensure that current and future principles to ensure that current and future technology both increases opportunities and technology both increases opportunities and eliminates barriers to access to and effective eliminates barriers to access to and effective utilization of the justice system, thereby utilization of the justice system, thereby improving the quality of justice for all persons improving the quality of justice for all persons in Washington State.”in Washington State.”

ATJ-TBoR ConcernsATJ-TBoR Concerns Technology can provide increased Technology can provide increased

pathways for access to justice, but it can pathways for access to justice, but it can also create significant barriers.also create significant barriers.

Those the tools and means will get further ahead Those the tools and means will get further ahead and those without fall further behind in having and those without fall further behind in having the justice system work for them. The lack of the justice system work for them. The lack of equality gets greater, not less.equality gets greater, not less.

Will technology erode fundamental rights Will technology erode fundamental rights

such as the right to privacy?such as the right to privacy? Greater access to information creates greater Greater access to information creates greater

possibility for intrusions upon privacy. possibility for intrusions upon privacy.

ATJ-TBoR ConcernsATJ-TBoR Concerns

Assuring a Neutral Forum Developments in technology may generate

alternative dispute resolution systems that are not neutral, accessible and transparent, but which, nevertheless, attract users who seek the advantages of available technology.

ATJ-TBoR Committee GoalsATJ-TBoR Committee Goals1.1. Increase both access to the justice system Increase both access to the justice system

and the quality and equality of justice and the quality and equality of justice delivered to all persons and groups within our delivered to all persons and groups within our scope of service and influence. scope of service and influence.

2.2. Develop, declare, adopt and implement a Develop, declare, adopt and implement a living body of just principles which permeate living body of just principles which permeate and influence the justice system. and influence the justice system.

3.3. Accomplish the foregoing in a manner that is Accomplish the foregoing in a manner that is thoughtful, balanced and connected to the thoughtful, balanced and connected to the realities of life, with implementation that is realities of life, with implementation that is practical and takes into account and guides practical and takes into account and guides consequences.consequences.

How Can the ATJ-TBoR help in How Can the ATJ-TBoR help in achieving access to justice? achieving access to justice?

The ATJ-TBoR will provide the courts with a new source The ATJ-TBoR will provide the courts with a new source of legal principles upon which to draw in a common of legal principles upon which to draw in a common law system. law system.

The principles will provide judges with the ability to The principles will provide judges with the ability to craft rulings that do not impede access to the justice craft rulings that do not impede access to the justice system and may enhance the access of the poor to system and may enhance the access of the poor to the system.the system.

The principles will assure that:The principles will assure that: “…“…technology, and the advance of technology, do not technology, and the advance of technology, do not

erode fundamental rights,” like privacy, the right to travel, erode fundamental rights,” like privacy, the right to travel, the right to a fair trial, and the right of access to the the right to a fair trial, and the right of access to the courts.courts.

Existing and emerging technologies do not undermine well Existing and emerging technologies do not undermine well established rights. established rights.

What is your reaction to the What is your reaction to the ATJ-TBoR?ATJ-TBoR?

Can it help achieve access to justice?Can it help achieve access to justice? Will the courts apply the principles it Will the courts apply the principles it

suggests?suggests? Any other concerns about the use of Any other concerns about the use of

increasing technologies in the legal increasing technologies in the legal system?system?

Other Websites Employing Other Websites Employing new Technologiesnew Technologies

www.futurelawoffice.comwww.futurelawoffice.com www.techsoup.orgwww.techsoup.org www.probono.netwww.probono.net www.lstech.orgwww.lstech.org