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Articles by David Freeman Engstrom
Opinion: Millions face court alone. California can change that.
You’re sued over a debt you don’t recognize. Or you’re facing eviction from the apartment where you raised your kids. The other side has a lawyer. You don’t. For millions of Californians each year, this is how our civil justice system works. In Los Angeles debt-collection cases, for example, just 2% of people being sued are represented by lawyers, while virtually every debt collector keeps one on retainer. In eviction cases, only 13% of tenants have attorneys, compared with 92% of landlords.
Engstrom: Millions face court alone. California can change that
Getting your Trinity Audio player ready... By Nora Freeman Engstrom and David Freeman Engstrom, Los Angeles Times You’re sued over a debt you don’t recognize. Or you’re facing eviction from the apartment where you raised your kids. The other side has a lawyer. You don’t. For millions of Californians each year, this is how our civil justice system works.
Millions face court alone. California can change that
You're sued over a debt you don't recognize. Or you're facing eviction from the apartment where you raised your kids. The other side has a lawyer. You don't. For millions of Californians each year, this is how our civil justice system works.
Commentary: Millions face court alone. California can change that
You're sued over a debt you don't recognize. Or you're facing eviction from the apartment where you raised your kids. The other side has a lawyer. You don't. For millions of Californians each year, this is how our civil justice system works. In Los Angeles debt-collection cases, for example, just 2% of people being sued are represented by lawyers, while virtually every debt collector keeps one on retainer. In eviction cases, only 13% of tenants have attorneys, compared with 92% of landlords.
Contributor: Millions face court alone. California can change that
You're sued over a debt you don't recognize. Or you're facing eviction from the apartment where you raised your kids. The other side has a lawyer. You don't. For millions of Californians each year, this is how our civil justice system works. In Los Angeles debt-collection cases, for example, just 2% of people being sued are represented by lawyers, while virtually every debt collector keeps one on retainer. In eviction cases, only 13% of tenants have attorneys, compared with 92% of landlords.
Managerial Courts
In recent decades, American courts have undergone a quiet but far-reaching revolution in their function and role. Particularly in state courts facing a crush of cases in high-volume dockets for debt, eviction, and family-law matters, case-by-case judging has gradually given way to court-devised systems that govern adjudication through centralized, routinized, and often digital and data-driven practices.
Rethinking the Lawyers’ Monopoly: Access to Justice and the Future of Legal Services
For more than a century, the legal profession in the United States has tightly controlled the delivery of legal services. Lawyers enjoy a monopoly: only licensed attorneys can provide legal advice, represent clients in court, and prepare most legal documents for others. This exclusive domain has been zealously guarded through sweeping unauthorised practice of law (UPL) restrictions, which prohibit nonlawyers from engaging in even relatively simple forms of legal assistance.
Don’t Scapegoat Robots to Protect the Lawyer Monopoly on Services
You may have heard the recent travails of DoNotPay, the embattled Silicon Valley company that claimed to use artificial intelligence to help people win cases in traffic court. The company’s showboating CEO, Joshua Browder, boasted that he built “the world’s first robot lawyer,” and that his customers could win traffic cases simply by wearing the company’s special AI earpiece to court. It all came toppling down when investigations revealed that Browder had overhyped his technology.
The Disruption We Needed
Hostname: page-component-75b8448494-48m8m Total loading time: 0 Render date: 2023-04-25T17:57:51.254Z Has data issue: false Feature Flags: { "useRatesEcommerce": false } hasContentIssue false COVID-19, Court Technology, and Access to Justice from Part IV - Courts, Data, and Civil Justice Published online by Cambridge University Press: Show author details Summary Every day, courts across the country deliver rulings in civil legal disputes that, while perhaps unremarkable to many observers,...
Why do blue states keep prioritizing lawyers over low-income Americans?
Jurisprudence By David Freeman Engstrom and Nora Freeman Oct 17, 202212:29 PM Last year was one of the best ever for the world’s richest law firms. Deals surged. Hiring boomed. Salaries ballooned. First-year associates now make $215,000, and that’s pre-bonus. The median BigLaw partner earns well over $1 million a year. For most Americans, however, the pandemic has been a legal disaster.
Legislators shouldn’t shut down ways to help Californians get legal help
The end of another legislative session in Sacramento is an opportunity to reflect on questions many are asking these days: How well is our democracy working? When we elect representatives, do they pass laws that help us solve our problems? Though we are relative newcomers to how Sacramento works, our experience on an important issue facing Californians — access to justice — raises concerns. There is still time for judiciary committee chairs Assemblymember Mark Stone and state Sen.
California Voice: Legislators shouldn’t shut down ways to get legal help
The end of another legislative session in Sacramento is an opportunity to reflect on questions many are asking these days: How well is our democracy working? When we elect representatives, do they pass laws that help us solve our problems? Though we are relative newcomers to how Sacramento works, our experience on an important issue facing Californians — access to justice — raises concerns. There is still time for judiciary committee chairs Assemblymember Mark Stone and state Sen.
Post-COVID Courts | Stanford Law School
SLS Professor David Freeman Engstrom, JD ’02 The coronavirus has brought numerous national reckonings—about the perils of political polarization, a diminished public sector, and America’s unfinished project of civil rights. But there is a further reckoning that will soon play out, not in hospitals, but in our courts: our legal system’s declining capacity to provide justice to everyday Americans.
Post-COVID Courts
Abstract As with so much else in American life, the COVID-19 crisis delivered a gut punch to our justice system. And the worst is yet to come, as federal and state courts alike are soon to fill with cases reflecting the failing finances and fraying relationships of our sheltered-in-place lives.
Courts Will Need to Adapt to the Coronavirus Crush
Jul 15 2020, 7:00 PMJul 15 2020, 8:00 PMJuly 15 2020, 7:00 PMJuly 15 2020, 8:00 PM
Vicarious Resilience: A New Concept in Work With Those Who Survive Trauma
Vicarious Resilience: A New Concept in Work With Those Who Survive Trauma PDF PDF Share Get access to the full version of this article.View access options below. If you have previously obtained access with your personal account, Please log in. Abstract This study explores the formulation of a new concept: vicarious resilience. It addresses the question of how psychotherapists who work with survivors of political violence or kidnapping are affected by their clients' stories of resilience.
Let Our Wronged Workers Join for Justice | RealClearMarkets
Let Our Wronged Workers Join for Justice The Supreme Court is set to hear three cases on companies' arbitration agreements that bar employees from pressing class action claims.
Let Wronged Workers Join Together for Justice
St. John and the unions are relevant because of the legal issue at the core of the cases. The Federal Arbitration Act says arbitration agreements should be enforced. And the Supreme Court has read the act for all it’s worth, repeatedly holding that parties are bound by such agreements no matter what and notwithstanding other interests.
Fact Versus Fiction in the Litigation Wars
The U.S. Supreme Court on Tuesday will hear a case that, even by law standards, seems technical and arcane. But the case is notable because it embodies much of what’s wrong with how we as a society talk about, and our elected leaders debate, the role of lawyers and litigation in our system of government. It also points to some possible fixes.
Rethinking the Lawyers' Monopoly
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