Comments on: Representation, Outcomes, and Fairness in Legal Proceedings

By: Daniel Bakondi

Daniel Bakondi — Tue, 28 Sep 2010 21:12:01 +0000

It really comes down to the judges and their staff. If they do their job properly, it brings attorneys and parties into order. If they dont, for instance, kick bad cases on demurrer, or hold parties responsible for abuses of the system, that is when problems grow. Being a judge is so important. Attorneys may defend against frivolous cases and have no idea whether a judge will allow it to continue or not, and attorney can bring good cases and have no idea whether they will be throw out, if judges do not do their job.

By: Daniel Bakodi

Daniel Bakodi — Sat, 10 Jul 2010 22:56:42 +0000

I have certainly seen this in my experience as a california litigation attorney. There are injustices due to financial constraints daily. Some judges attempt to assist pro per litigants, and there are other forums like arbitration that may help pro per litigants. Thanks for the good article, Best, Daniel Bakondi

By: Jessica E. Slavin

Jessica E. Slavin — Wed, 11 Nov 2009 22:41:19 +0000

I am glad that both of you read the post and found it worthwhile. I do think that as the evidence piles up of the unfairness created when one party in our adversarial system of dispute resolution goes unrepresented, the argument that more lawyers would create wasteful litigation seems less and less persuasive.

By: Rebecca Blemberg

Rebecca Blemberg — Wed, 11 Nov 2009 19:34:58 +0000

Thanks, Jessica, for the post. With the passage of the law in California, and the work of access to justice commissions across the country, I hope that civil Gideon as a movement is gaining momentum. In your remarks, I see a beginning.

By: Rick Sankovitz

Rick Sankovitz — Wed, 11 Nov 2009 03:38:08 +0000

Great post, Jessica, tidy ending or no. I think it’s a great service to the cause to pull together the research in one place and repeat it. On civil Gideon we hear that one echo so often — more lawyers, more litigation. What really needs to be heard is our echo — more lawyers, better results. Thanks for putting this up.