ABA Journal

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Texas county experiments with allowing indigent clients to choose their own lawyers

The Client Choice program in Comal County was organized by the Texas Indigent Defense Commission, a state agency dedicated to improving such defense without driving up costs. A year of data showed that it worked—clients had better outcomes and felt more listened to. The county liked the system enough that it still uses it today.



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Opioids, justice & mercy: Courts are on the front lines of a lethal crisis

Court diversion programs are expanding in the opioid crisis, with judges increasingly an advocate on the sidelines. Local courts are pivoting from crime and punishment to carrot-and-stick, using more humane, interventional approaches to deal with the defendants with addictions who are overwhelming their dockets.



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Opioid family court cases increase

Child welfare agencies in Vermont, Minnesota and Ohio cite opioids as driving an increase in the number of children in foster care. A 2011 study found that opioid abuse was associated with increased domestic violence.



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Time's up: Legal, judicial systems slow to adapt to sexual harassment and assault issues

Employment lawyers say decreasing sexual harassment at work requires awareness that behavior may make colleagues uncomfortable and willingness to stop the conduct without resentment.



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Why 3 BigLaw firms ended use of mandatory arbitration clauses

In some situations, confidentiality of arbitration can be a problem, as it makes corroborating claims more difficult. The Me Too movement has prompted some law firms to review human resources policies.



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Building a niche law practice rewards extra work, special training

In a challenging job market for young lawyers, a specialized legal niche provides a marketing edge for solo practitioners and better advice to clients.



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New York considers changing discovery rules that often leave defense lawyers in the dark

Advocates have dubbed New York’s discovery scheme the blindfold law, arguing that the lack of information requires defense counsel to prepare for trial, or advise clients about plea bargains, without ever seeing the evidence.



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Appeals court stymies bid to regulate high cost of prison phone calls

After 14 years of pleas, the Federal Communications Commission in 2015 made a rule capping rates for in-state prison phone calls. But the affected telecommunications companies sued—and in June 2017, the U.S. Court of Appeals for the District of Columbia Circuit handed them a victory. The court said the FCC overstepped its statutory authority when it regulated in-state calls, and that the way it set the rates was “hard to fathom.”



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Increased enforcement of immigration laws raises scam risk

Fraud targeting immigrants did not begin with the Trump administration; advocates say it’s constant and pervasive. But the administration’s aggressive approach to immigration law enforcement is driving up interest in legal services, they say. And some subset of those immigrants looking for help will end up trusting the wrong people.



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Underreporting makes notario fraud difficult to fight

Immigration legal-services fraud is extremely underreported, advocates say. One potential solution: making victims of immigration legal-services fraud more comfortable coming forward.



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