Keywords
professional responsibility; courts; judicial regulation; ethics
Abstract
Drawing on original data from a cross-jurisdictional investigation of the civil justice landscape, this Article shows how some judges—mired in the pro se crisis—are relying on a shadow network of nonlawyer professionals to substitute for the role counsel has traditionally played. Focusing on domestic violence courts as the primary illustration, we find that even in jurisdictions not currently contemplating regulatory reform, judges are relying on organized nonlawyer actors to prepare pleadings, offer substantive and procedural information to litigants, and provide counseling services. These nonlawyer advocates play a significant role in shaping the facts and arguments presented to the judge, which we believe, in turn, influences processes and outcomes.
Recommended Citation
Jessica K. Steinberg, et al.,
Judge's and the Deregulation of the Lawyer's Monopoly,
89 Fordham L. Rev. 1315
(2021).
Available at: https://ir.lawnet.fordham.edu/flr/vol89/iss4/12