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Nora Freeman Engstrom is a professor of law who says that in three-quarters of cases one or more of the parties lacks legal representation. Worse yet, often the litigants are involved in high-consequence civil cases where there is no right to a lawyer and costs are prohibitive. Some states are looking at alternatives including non-lawyer representation, curated legal help for low-income citizens, and even AI, as Engstrom tells host Russ Altman on this episode of Stanford Engineering's The Future of Everything podcast.Have a question for Russ? Send it our way in writing or via voice memo, and it might be featured on an upcoming episode. Please introduce yourself, let us know where you're listening from, and share your question. You can send questions to thefutureofeverything@stanford.edu.Episode Reference Links:Stanford Profile: Nora Freeman EngstromConnect With Us:Episode Transcripts >>> The Future of Everything WebsiteConnect with Russ >>> Threads / Bluesky / MastodonConnect with School of Engineering >>> Twitter/X / Instagram / LinkedIn / FacebookChapters:(00:00:00) IntroductionRuss Altman introduces guest Nora Freeman Engstrom, a professor of law at Stanford University.(00:03:11) Path to Justice WorkNora's journey into legal ethics and justice reform.(00:04:46) Misconceptions About Civil CourtHow civil cases often involve one represented and one unrepresented party.(00:08:40) Limits of Judicial HelpWhy the U.S. adversarial system limits judicial involvement.(00:10:40) Problems with Self-HelpThe lack of reliable resources for people trying to represent themselves.(00:13:41) The Cost of Legal HelpThe high cost of representation and how legal aid is overwhelmed.(00:15:20) A Missing MiddleHow law lacks mid-level professionals to offer affordable legal help.(00:17:41) Expanding Legal AccessWhy law lacks mid-level roles and bans non-lawyer advice.(00:22:22) New Models for Legal SupportThe ways some states are testing trained non-lawyers to expand access.(00:27:22) Legal Help in the PastThe history of legal access, including lawyers in banks and auto clubs.(00:30:29) Legal ProtectionismHow depression-era protectionism led to today's lawyer-only model(00:32:48) The Role of AI in Legal AccessThe potential of AI for creating smarter legal tools for courts.(00:35:52) Conclusion Connect With Us:Episode Transcripts >>> The Future of Everything WebsiteConnect with Russ >>> Threads / Bluesky / MastodonConnect with School of Engineering >>>Twitter/X / Instagram / LinkedIn / Facebook
Is legal representation in the U.S. only for the rich and corporations? That's a question that we'll explore in this episode of Stanford Legal with guests David and Nora Freeman Engstrom, two leading authorities on access to justice and the legal profession. They'll explain the roots of the challenge, how unauthorized practice of law rules contribute to the problem, and how to address them. The Engstroms co-direct Stanford Law School's Deborah L. Rhode Center on the Legal Profession, an academic center working to shape the future of legal services and access to the legal system. This episode delves into some alarming statistics, including the fact that in three-quarters of civil cases in state courts, at least one party is without a lawyer. This alone often leads to unjust outcomes in cases involving debt collection, evictions, family law, and other areas. And that is just part of the problem, as the Engstroms explain. Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Law Magazine >>> Twitter/XLinks:Nora Freeman Engstrom >>> Stanford Law School PageDavid Freeman Engstrom >>> Stanford Law School PageChapter 1: The Access to Justice Crisis in the U.S.(00:00:00) Pam Karlan introduces the episode, discussing the work of David and Nora Freeman Engstrom at Stanford Law School's Deborah Rhode Center on the Legal Profession. This section provides an overview of the access to justice crisis, highlighting the high percentage of cases where individuals lack legal representation and a look at the types of cases predominantly at issue, including debt collection, evictions, mortgage foreclosures, and family law cases.Chapter 2: Understanding the Consequences and Causes of Legal Inaccessibility(00:7:06) David and Nora Freeman Engstrom explore the broader implications of the lack of legal representation, including the cascade of related legal and financial issues that arise from initial problems like wage garnishment and eviction. They also touch on the hidden legal issues that never make it to court due to individuals' inability to seek legal help.Chapter 3: Exploring Solutions and Technological Impacts on Access to Justice(00:10:07) David and Nora Freeman Engstrom delve into potential solutions to the access to justice crisis, including the role of technology in both exacerbating and potentially alleviating the problem. They discuss the efficiency of technological tools used by the debt collection industry and the implications for legal access.Chapter 4: The Technology Asymmetry in Debt Collection(00:14:19 ) Pam Karlan and David Freeman Engstrom discuss how debt collectors use automation to exploit legal processes against unrepresented individuals. They highlight the stark disparity between technological access for debt collectors and individual defendants. Engstrom points out the restrictive rules that limit software-driven legal services, exacerbating the access to justice crisis.Chapter 5: The Historical Context and Current Restrictions on Legal Services(00:15:55) Nora Freeman Engstrom delves into the history of legal service restrictions in the U.S., contrasting it with medical professions. She introduces her research on auto clubs and their provision of legal services in the early 20th century, showing how organized bar associations shut down these alternatives to preserve their monopoly.Chapter 6: Modern Innovations and Future Prospects in Legal Services(00:24:13) The host and guests discuss recent efforts to relax unauthorized practice of law rules in states like Utah and Arizona. They explore innovative legal service models emerging from these reforms, including tiered services and AI-driven solutions, and their potential to democratize access to legal assistance. The discussion highlights how entities like LegalZoom are now able to hire lawyers and provide more comprehensive services. They also touch on the potential of generative AI to bridge the gap between legal jargon and plain language, making legal assistance more accessible to the public. The chapter concludes with reflections on the promise and challenges of these technological advancements.
Stanford Legal with Pam Karlan & Joe Bankman: "FIghting Opioids/Addiction in the Courts w/ guests Nora Freeman Engstrom & Michelle Mello" An estimated 510,000 people will die over the next decade from opioid-related causes. Should the companies that make and distribute the drugs be held liable? Professors Michelle Mello and Nora Freeman Engstrom share their thoughts on an issue that is increasingly ending up in our courts. Originally aired on SiriusXM on September 15, 2018. Recorded at Stanford Video.
Stanford Legal with Pam Karlan & Joe Bankman: "Fighting Opioids/Addiction in the Courts w/ guests Nora Freeman Engstrom & Michelle Mello" An estimated 510,000 people will die over the next decade from opioid-related causes. Should the companies that make and distribute the drugs be held liable? Professors Michelle Mello and Nora Freeman Engstrom share their thoughts on an issue that is increasingly ending up in our courts. Originally aired on SiriusXM on September 15, 2018. Recorded at Stanford Video.
Stanford Legal with Pam Karlan & Joe Bankman: "The Sharing Economy with guests Nora Freeman Engstrom and Steve Siger" Stanford Law Professor and Associate Dean of Curriculum, Nora Freeman Engstrom shares her expertise on tort law as it relates to the gig economy. Steve Siger, managing counsel at Thumbtack and a former attorney for Uber, talks about how companies are navigating the emerging sharing economy. Originally aired on SiriusXM on January 6. Recorded at Stanford Video.
Stanford Legal with Pam Karlan & Joe Bankman: "The Sharing Economy with guests Nora Freeman Engstrom and Steve Siger" Stanford Law Professor and Associate Dean of Curriculum, Nora Freeman Engstrom shares her expertise on tort law as it relates to the gig economy. Steve Siger, managing counsel at Thumbtack and a former attorney for Uber, talks about how companies are navigating the emerging sharing economy. Originally aired on SiriusXM on January 6. Recorded at Stanford Video.