Economics of Law Practice Seminar Fall 2000 Report of August 24, 2000 Seminar Session [Nicholas Johnson/University of Iowa College of Law,
Iowa City, Iowa]
Posted August 31, 2000
Introduction: First
Cut at Alternative Legal Services Delivery
During our first seminar session, August 24, 2000, we
made a good start at brainstorming and listing a number of alternative
means of delivering legal services. They included:
hourly billing
fixed fee for designated service (e.g., simple will;
tax return)
government lawyers (e.g., city attorney, state or
federal agencies)
agencies' consumer advocates
pre-paid legal services (e.g., as union benefit)
imbedded legal services (i.e., part of auto insurance
premium)
retainer (fee for potential availability of lawyer)
freelance lawyers' lawyer
contract with "temp" business offering lawyers to firms
public prosecutors
public defenders
court appointed lawyers
stock ownership in exchange for startup's legal services
statutory attorneys' fees (possibly double or treble damages)
public interest law firm (funding from donors or foundations)
We also discussed some more "creative" ideas:
creating a fund based on hits on an Internet site (said to
be one of the funding mechanisms for the Mars
Society)
online provision of alternative dispute resolution services
"loser pays all" (i.e., all costs and attorneys' fees)
consequences of law suits
sale of surveys of clients for "Consumer Reports"-type rankings/evaluations
of lawyers
Aspects
of Delivery of Legal Services and Funding Mechanisms (With sample, not definitive, annotations and questions)
Note: As you are thinking about topics and outlines,
here are some suggestions of aspects of your thinking, research and analysis
you will want to include. They are not a "requirement" if they are totally
inappropriate to your paper. Otherwise there should be a good reason for
omitting them (which there may well be).
Description of Method of Delivery/Funding
What are you talking about? How does it work? How does
it differ from what came before, or some of the other more common methods?
Origins of the Method
Is it possible to pinpoint the who, what, when and why
of the first instance of this method of delivery/funding? Was it designed
to serve a particular need, or in response to a particular case or problem?
Was it originated within the Bar, by lawyers/judges, or the result of pressure
from outside the profession? What were the arguments made in favor of the
innovation? In opposition?
Public Policy and Social Consequences
What has been the impact of this delivery/funding mechanism
on the broader society? Has it been empowering and otherwise of benefit
to the poor and underclass, or has it contributed to an even greater gap
between the rich and poor? Has it resulted in altering corporate or individuals'
behavior? What has been its effect on institutions other than the law?
Legal Ethics
What are the implications of this method for professional
ethics? Where does it intersect or impact? Did it come about because of
an ethical requirement? Did it originally violate an ethical standard and
require a change in legal ethics?
Economics of the Method
What is the total amount of revenue generated by and
for lawyers with this method? What proportion of the profession's total
income does that represent? What proportion of all lawyers utilize this
method? Is there any way to measure the economic consequences for the broader
society/total economy?
Additional
Funding Mechanisms Discussed but not Chosen
Nader's PIRGs and CUBs
membership dues (public interest law firm; non-profit corporation)
private attorneys general
Basic Research Sources/Techniques
Note: There's nothing here unique or profound regarding
research, but the following obvious suggestions may be worth a quick review.
ask a reference librarian
look in an encyclopedia
use an Internet search engine
look for conventional books on the subject
check professional responsibility texts and casebooks
use online legal search services (e.g., Lexis, Westlaw)
see if there are law review articles
don't overlook bar journals for this kind of material
court opinions may offer discussion even if not holdings
check the canons of ethics and court rules
Economics of Law Practice Seminar Research Paper Schedule Fall 2000
Note: This is the "outline" view of a PowerPoint
presentation of the papers' schedule from the class August 24, 2000.
Overview
concept of “mileposts”
penalties for failure to meet
maximums
earlier completion encouraged
open to discussion/modification now -- but not later
Mileposts
research
topic selection
outline
first “final” draft
conference
“final, final” draft
presentations to seminar
Web (HTML) formatting, uploading
Research
begins immediately
continues throughout final, final draft
initial survey
initial completed
continuing general
completion “final”
additional as needed
Research Formatting
Blue Book citation form required
why that’s important for your sake
use Internet-available sources
to the maximum extent possible
but not to the exclusion of essential sources
obtain/preserve URL sites for sources
Topic Selection
make list of your topic options
make your selection/submission Sept. 6
“first in time” claims
avoid prior students’ topics
obtain instructor’s approval of topic Sept. 8
Outline (or First Draft)
outline preferred
“three level”
detailed
limitations on “first draft” as alternative
development Sept. 8-27
completion/submission Sept. 27
instructor’s approval Sept. 29
First “Final” Draft
“final” as best product
development Sept. 29-Oct. 18
completion/submission Oct. 18
Conferences
informal consultations possible any time
in person
by e-mail
week October 23-27
detailed editing by instructor of substantial portion
general comments regarding overall paper
“Final, Final” Draft
development Oct. 28-Nov. 8
detailed editing by author
best work possible
completion/submission Nov. 8
Seminar Presentations
early drafts posted to Web for seminar participants’
access
random selection of order for presenters
presentations scheduled Nov. 2, 9 and 16
Web Formatting Uploading
author prepare either in
HTML, or
format that copies to HTML
by Nov. 8
instructor may tweak/format, but primary responsibility
on author
instructor will upload, make links to papers Nov. 9-22