Archive for Legal Education

Public Interest News Bulletin – December 2, 2011

By: Steve Grumm

Happy Friday (and December), dear readers.  On this date in the year 1409, the University of Leipzig opened.  Never forget.  Also, on 12/2/70 the EPA began operations.  It is surprising to many that President Nixon established the EPA.  Guess what other federal agency he established.  It’s the Legal Services Corporation.  And LSC figures prominently in this week’s Bulletin, which includes coverage of:

  • state court systems feeling the fiscal pinch;
  • Maryland’s governor pressures law school clinic to back off environmental suit;
  • Tennessee’s high court launches a pro se assistance website;
  • OPM provides details on the new federal gov’t internship programs;
  • an update on the deferred-associates-take-public-interest-placements phenomenon;
  • a Florida legal services program’s fiscal struggles;
  • the LSC funding cut’s impact in the Empire State;
  • exciting law student pro bono news;
  • outlook for state budgets bleak, according to new report;
  • a Missouri legal aid lawyer fights for equal smiles under law;
  • declining Biglaw pro bono hours – temporary or here to stay?
  • Prairie State Legal Services’s $ struggles;
  • the LSC funding cut’s impact in the Mountain State;
  • boosting pro bono among retiring and retired lawyers;
  • the LSC funding cut’s impact in the Old Line State
  • the LSC funding cut’s impact in the Garden State.

This week:

  • 11.30.11 – hardly surprising, but budgetary belts are tightening in state court systems throughout the country.  From the National Law Journal: “Deep state court budget cuts are hurting access to justice, according to a recent survey issued by the National Center for State Courts.  The survey, released on Nov. 29, tabulated a poll of state courts conducted from July through October.  Results indicate widespread recent budget cuts, including 42 states with substantial court budget decreases; 39 states where clerk vacancies were not filled; 34 states where court staff were laid off; and 23 states with reduced court operating hours.”

  

  • 11.30.11 – a few days back my colleague Kristen posted about the Maryland governor pressuring a U of Maryland Law clinic to back off an environmental suit against a poultry farm.  (This gives me an opportunity to gratuitously refer to the poultry industry as “Big Chicken,” which I find funny.) Where were we?  Oh, a Washington Post editorial takes aim at Governor O’Malley: “Mr. O’Malley’s Nov. 14 missive was a misguided protest against the school’s environmental law clinic and its involvement in a lawsuit against Perdue Inc. and Alan and Kristin Hudson Farm, a Maryland-based operation that works for Perdue.”  Here’s some more detailed coverage and background from the Baltimore Sun.  Here’s Dean Phoebe Haddon’s – hey she was my torts professor! – reply to the governor.

   

  • 11.30.11 – Tennessee’s high court is hands-on in addressing the justice gap.  From the Daily News Journal: “The Tennessee Supreme Court launched a new website this week to provide the public with valuable resources to help navigate the court system. The new site, JusticeForAllTN.com <http://www.justiceforalltn.com/> , is intended to assist people with civil legal issues who cannot afford legal representation.  The Justice for All website includes downloadable court forms, resources for representing yourself in court, information about common legal issues and an interactive map with resources for each of the state’s 95 counties. Thanks to a partnership with the Tennessee Alliance for Legal Services and the Tennessee Bar Association, the site also gives visitors the ability to email a volunteer attorney with questions.”
  • 11.29.11 – lots of changes affecting employment pathways into federal government.  From Government Executive: “The Office of Personnel Management plans to launch the federal government’s new internship program by May….  The [Student Pathways Initiative] will consolidate several federal internship programs into three pathways, replacing the Federal Career Intern Program…. The initiative’s three options are an internship program for current students, a new Recent Graduates Program and the Presidential Management Fellows Program for graduate students. OPM confirmed that all three pathways will be launched simultaneously, and that the organization aims to be ready in time for the Recent Graduates pathway to accommodate students graduating in May 2012.”
  • 11.29.11 – in Florida, Gulfcoast Legal Services has been battered by the recession.  IOLTA revenues in the Sunshine State have plummeted from $40 million to $6 million.  And the governor vetoed a $1 million appropriation that would have gone to GLS and other providers.  GLS has also seen other grants dry up.  “Because of the fallout [GLS], which started 2011 with 20 staff attorneys at its five offices, will end the year with 13.  Read more from the Bradenton Times.
  • 11.29.11 – here’s a pair of stories about law school pro bono developments:
    • at GW Law, six new pro bono programs are up and running according to Dean Paul Berman, including a new Street Law initiative, a homeless advocacy project, and a pro se resource project at the DC administrative hearings offices.  GW Law also launched an Innocence Project last year.
    • from a Charlotte School of Law press release: “A pro bono student services organization at Charlotte School of Law has assisted more than 450 homebuyers file $3 million in claims against a multi-million dollar restitution fund supported by Beazer Homes U.S.A. The outreach is being offered to homebuyers who were victims of the fraudulent business practices acknowledged by Beazer in July 2009 as part of a deferred prosecution agreement reached with U.S. District Court for the Western District of North Carolina.”
  • 11.29.11 – we’ve focused a lot recently on the federal legal services funding cut, but it’s important to remember that state-level legal services funding has declined in many jurisdictions too.  And as noted in this Washington Post piece, state governments face tough times ahead: “Things have improved since the worst of the recession, but states still face a dire fiscal situation, according to a report…released…by the National Governors Association (NGA) and the National Association of State Budget Officers (NASBO).  The Fiscal Survey of States says that even as states struggle with tepid revenue growth, they will be called on to spend more because of the economic distress caused by continued high unemployment.”  Here’s a link to the report.
  • 11.28.11 – an attorney with Legal Services of Eastern Missouri has found an interesting niche practice: orthodontics.  LSEM’s Anne Morrow, now an attorney but formerly a nurse, “has secured orthodontics for 89 children in eastern Missouri who had previously been rejected under the state’s prohibitive Medicaid standards for orthodontics set by a dental advisory committee under MO HealthNet.”  State officials argue, however, that Morrow’s advocacy has the unintended consequence of setting back other children who have severe dental needs because her clients jump to the front of the line.  Read all about it in the Saint Louis Post-Dispatch.  
  • 11.28.11 – Fortune magazine looks at the recent declines in Biglaw pro bono hours: “Law firms are lagging in donating legal help because ‘they are anxious, and they don’t staff up quickly to meet the increase in client demand when the economy begins to improve,’ says Esther Lardent, chief executive of the Pro Bono Institute. ‘Much of the pro bono work is done by younger lawyers, but when they are in short supply, paid work is the priority’.”  Pro bono stakeholders are looking for new solutions in case this marks a systemic change and not a short-term fluctuation.  The piece reviews the ideas of building more pro bono into associates’ training curricula, and ramping up law student pro bono.
  • 11.28.11 – in Illinois, funding cuts have forced Prairie State Legal Services to make significant cuts: “The agency has lost almost half its staff this year because of budget cuts and just last week congress approved another 14-percent budget cut. Because of limited resources, Prairie State can only help people with ‘basic human needs’ such as orders of protection, housing cases, and utility cases.”  Prairie State just announced that it’s cutting its telephone intake hours in half, according to WIFR.
  • 11.28.11 -the LSC funding cut’s impact in West Virginia, reported by the State Journal: “West Virginia legal aid attorneys are searching for solutions following a congressional agreement that would cut services in the state by more than $400,000…. Adrienne Worthy, executive director of Legal Aid of West Virginia, said the state’s program has been fortunate to experience growth in the past few years.  ‘But as funding cuts have started to happen, we have gotten leaner and leaner,’ Worthy said. ‘There is no way we can lose those kinds of dollars and it not to have an impact on what we’re doing every day’.”

   

  • 11.25.11 – the LSC funding cut’s impact on the Maryland Legal Aid Bureau, courtesy of The Gazette: “[the] bureau received $4.3 million from [LSC] in fiscal 2011 and is slated to receive $3.7 million in fiscal 2012. [The figure is preliminary.] Maryland’s shortfall is roughly equal to the salaries of 11 of the bureau’s 154 staff attorneys, each of whom makes about $60,00 annually, [bureau official Shawn] Boehringer said.  Although bureau officials have not yet decided how to fill the funding gap, they likely will look to first cut travel and office expenses in order to avoid direct cuts in services to clients, Boehringer said.”
  • 11.24.11 – the LSC funding cut’s impact on New Jersey legal services providers, courtesy of The Record.

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GW Law Addresses Local Needs with Six New Pro Bono Programs

by Kristen Pavón

Paul Schiff Berman signed on as George Washington University Law School’s Dean this year, and in the short time he’s been at GW Law, six new pro bono programs have been developed.

The programs allow students to gain valuable hands-on experience while tackling a variety of issues, including illegal and unnecessary school exclusion in D.C. public schools and public charter schools, sealing criminal records, and providing legal assistance to the homeless, as well as to unrepresented litigants in administrative hearings.

Here are the new projects:

  • GW Cancer Pro Bono Project
  • Homeless Pro Bono Project
  • GW Street Law at the Arlington County Detention Facility
  • Suspending Suspensions Pro Bono Project
  • District Record Sealing Service
  • DC Office of Administrative Hearings Resource Center Pro Bono Project

You can learn about each project at Dean Schiff Berman’s blog.

I think the Suspending Suspensions Project is especially interesting! What do you think? What innovative pro bono projects are available at your law schools?

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PSLawNet Public Interest News Bulletin – November 23, 2011 (Turkey Edition!)

By: Steve Grumm

Happy Friday Wednesday, dear readers, from a dreary Washington, DC.  I did quite a bit of grumbling before arriving at the office this morning.  A car running through a puddle splashed me but good while I was jogging.  And at 8am I still didn’t manage to beat the last-minute food rush at the super market.  But now, here I sit with coffee, a bagel, and some quiet.  “Hell is breakfast with other people” is a humorous variation on a quote from John Paul Sartre.  And this morning, a quiet breakfast is perfect.  But as Thanksgiving approaches, I eagerly look forward to sharing a table and a meal with others.  Between the people who inhabit my life, the comforts I enjoy, and the work I do, I have much to be thankful for.  And I will try hard amidst the food and the football (yay!) and the minor holiday stresses to keep feelings of gratitude at the fore.  I hope that you will do the same.  Happy Thanksgiving.   

But you’re not here for sappy rumination.  This is what we’ve got:

  • a restrictive cy pres decision from the 9th Circuit Court of Appeals;
  • troubles plaguing Michigan’s indigent defense system;
  • public defender’s office in Sonoma County, CA feeling $ strains;
  • Defense Department to kick a little funding toward pro bono programs for service-members;
  • speaking of service-members, this veteran who joined a DA’s office isn’t, well, human;
  • LSC cut to hit the Pennsylvania Legal Action Network hard;
  • ditto for the two Wisconsin LSC grantees;
  • ditto ditto in Virginia;
  • A law graduate work program in Utah will have students offering “low bono” services.

This week:

  • 11.21.11 – cy pres news from the 9th Circuit Court of Appeals, coming down against an award that would have gone (in part) to the Legal Aid Foundation of Los Angeles (LAFLA).  From the Recorder: “The Ninth Circuit U.S. Court of Appeals on Monday rejected a class action settlement that called for AOL Inc. to give $110,000 to random charities, sending a message that courts should be more careful in doling out money under the cy pres doctrine.  A unanimous panel said the charities had nothing to do with the plaintiffs’ email privacy claims and that too much money was being funneled to Los Angeles groups, despite a class spread out across the country. And the court expressed skepticism about whether judges or mediators should make recommendations on how large sums of money get paid out when the money doesn’t go to the class members.”  
  • 11.21.11 – public defense funding woes in Sonoma County, CA.  From the Press-Democrat: “The recession has increased demand in Sonoma County for court-appointed lawyers at a time when the public defender’s office is short-handed.  Retirements and a round of layoffs have reduced the number of lawyers available to serve indigent clients to the lowest level in years. The office is down to 27 lawyers and 18 support staff representing clients in criminal, civil and juvenile courtrooms.  At the same time, caseloads have spiked. Attorneys made 115,000 court appearances in fiscal 2009-2010 compared to about 71,000 appearances a decade earlier.  This month’s loss of two attorney positions through budget cuts forced Public Defender John Abrahams to suspend misdemeanor court coverage and focus on more serious felony cases.” 
  • 11.21.11 – good news for service-members who need legal services.  From the National Law Journal: “The U.S. Senate this week is expected to vote on a measure that would help fund programs that provide pro bono legal services to active military personnel. The amendment was introduced by sens. Herb Kohl (D-Wis.) and Lindsey Graham (R-S.C.)… The amendment would allow the Defense Department to designate up to $500,000 of its $184 billion fiscal year 2011 operation and maintenance budget for programs similar to those set up by the ABA and the Thomas M. Cooley Law School in Michigan.”  $500,000 isn’t exactly a huge chunk of change in the larger appropriations scheme, but it’s signifies a recognition that service-members can be hamstrung when confronted with legal problems on the home-front.
  • 11.20.11 – speaking of service-mmebers, a veteran of operations in Afghanistan has recently returned to the U.S. and taken up a post in a local D.A.’s office.  Nothing terribly newsworthy about this, right?  Well the veteran, Andy, isn’t a person.  Andy’s a pooch.  When Assistant District Attorney Jason Beato – who is human -joined the DeKalb County (Georgia) prosecutor’s office after service in the Army, he brought with him Andy, a bomb detection dog whom Beato had adopted when Andy’s primary handler was injured.  Of Andy’s service abroad, Beato says, “For all practical purposes he [was] a team member—he just can’t talk and that’s about it—and he sheds a lot more.”  Andy will likely go to work in the D.A.’s office doing courthouse security work – and probably boosting morale along the way.  good story. Read more in the blog post from the Champion Newspaper.  
  • 11.20.11 – “Legal aid: The need is there, so should the funding” is the verb-deficient title of an otherwise well-intentioned editorial from the Patriot-News in the Glorious Commonwealth of Pennsylvania.  The editorial laments the recent LSC cut coming on top of legal services funding cuts on the state level: “The Pennsylvania Legal Aid Network expects a $2 million cut in federal funding plus frozen allocations, and funding cuts on the state level during past years have put the organization close to what the appropriation was in 1976…. Legal Aid predicts the funding imbalance means another 10 percent staffing cut, and this is after the service already is at bare bones. It also could mean closing at least two offices statewide.”

       

  • 11.19.11 –  the circumstances are similar in Wisconsin. Both Badger State LSC grantees (Wisconsin Judicare and Legal Action of Wisconsin) are bracing for LSC funding cut’s impact.  This will come on top of a complete loss of state funding.  From the Capital Times in Madison: “The 2011-13 state budget cuts, which took effect this year, stripped Judicare of $350,000 per year in funding, about 17.5 percent of last year’s budget, and cut about $1.3 million a year in revenue for Legal Action. The federal cuts will strip $176,000 more from Judicare’s budget, and $540,000 from Legal Action’s.”
  • 11.18.11 – the LSC cut will impact the Virginia Legal Aid Society to the tune of about 7% of its budget, or $180,000.  According the VLAS executive director David Neumeyer (as quoted in the Suffolk News Herald), “Keeping up with the demand for our services is already a huge challenge, and now with this cut I’m afraid we’ll have to turn away even more people who have nowhere else to turn…. This loss of funding will mean we cannot increase capacity and will need to start reducing staff size in 2012 if we do not bring in significant new income,” he said. “Private giving, like donations, foundations and United Ways, are the only hope we have of making up part of the loss, because government funding will not increase for the foreseeable future.”
  • 11.18.11 – the University of Utah’s S.J. Quinney College of Law is launching a program through which recent grads will provide legal services to moderate-income clients.  From the Salt Lake City Tribune:  “The…new University Law Group is intended to expand the availability of legal services and service-learning opportunities, according to law dean Hiram Chodosh.”  This is a variation of the law school “bridge” programs which provide work-experience opportunities for recent grads who face a tough employment market.

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Download the Guide to Public Service Experiential Learning Programs in Legal Education

NALP‘s Public Service Section, in collaboration with the Consortium for the Advancement of Public Service in Law Schools (CAPSILS) has authored a free, downloadable 46-page guide to experiential learning programs in legal education.

The guidebook offers useful insights and reviews of clinical education programs, legal externship programs, cooperative learning (co-op) programs, law school pro bono programs (voluntary and mandatory), innovative pro bono collaborations with third parties, and community service projects which emphasize volunteerism in non-legal settings.

Read the Guide here.

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Attention Nonprofit and Government Lawyers: Take a Brief Survey about Your Law School Experiential Learning Programs

By: Steve Grumm

Below is a link to a short survey that NALP and the NALP Foundation are distributing nationwide to attorneys in nonprofit and government practice.  The “Law School Experiential Learning: Opportunities and Benefits” survey is designed to learn:

  1. how many attorneys in government and nonprofit law offices took experiential learning courses (e.g., clinics, externships, skills courses) as law students; and
  2. how these courses have contributed to the attorneys’ effectiveness in practice today.

The survey is part of an important discussion about how the legal education curriculum can be shaped to produce the best attorneys.  We are especially interested in receiving replies from attorneys who have been in practice for fewer than seven years, but encourage all attorneys to complete the survey.

  • Survey link:                https://survey.vovici.com/se.ashx?s=17CFEB6018D8CBFC
  • Deadline:                     December 9, 2011
  • Time to complete:      5-10 minutes
  • Distribute to:               Attorneys in nonprofit and government practice.  Please distribute this survey far and wide among colleagues.
  • Confidentiality:           NALP and the NALP Foundation will never release any research that can be used to identify either an individual or an employer.  We also will not share an individual attorney’s survey response with their employer.

The survey results will be published in a comprehensive report, expected in Spring 2012. We performed a similar survey among law firm associates last year, and the 2012 report will include comparisons between the two groups’ experiences. 

Here is a link to a PDF version of the survey in case attorneys wish to review it before completing or distributing to others: http://tinyurl.com/6sufzr4(The PDF survey version is provided for review purposes only.  The online survey should be completed and submitted.)

If you have any questions about the survey, please contact Steve Grumm, NALP’s Director of Public Service Initiatives, at sgrumm@nalp.org or Judy Collins, NALP’s Director of Research, at jcollins@nalp.org.  We appreciate you taking the time to assist us in this important effort.

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Law students, Write an Award-Winning Essay & Win up to $3,000 from the Institute for Justice!

The Institute for Justice Center for Judicial Engagement is hosting a law student essay contest! Entries are due no later than February 6, 2012.

Here’s some background info from IJ:

For too long, the public debate over the role of the judiciary in American society has been consumed by a battle between two empty slogans: “judicial activism” and “judicial restraint.”

The Institute for Justice’s Center for Judicial Engagement seeks to change that debate:  Judges should not be “activist” (which is too often simply a code word for “a judge whose decision the speaker does not like”), nor should they be “restrained” (which is too often simply code for complete judicial abdication).  Instead, judges should be engaged—engaged in the process of applying the law to the actual facts of the case before them, including constitutional cases.

The Center’s law student essay contest seeks to reward the best law student writing designed  to persuade the general public of the virtues of judicial engagement.

Word limit

Entrants should write an essay of no more than 2,000 words.

Topic

In an essay aimed at a popular audience, discuss the role of the courts in American government and the differences among judicial engagement, judicial activism, and judicial abdication.

Recent debates over the role of the courts in reviewing legislative enactments have focused heavily on terminology:  specifically, whether we should be most concerned with courts that engage in “judicial activism” or whether, as the Eleventh Circuit wrote in striking down portions of the Affordable Care Act, in cases of legislative overreach, “the Constitution requires judicial engagement, not judicial abdication.”

Winners will be those who most clearly and persuasively articulate the principles and importance of judicial engagement.  Further explanation of those principles and their application can be found at www.ij.org/cje<http://www.ij.org/cje>.

Prizes!

First prize will be a $3,000 award, along with a free trip to Washington, D.C. to receive your prize at IJ’s headquarters; second prize will net a $1,000 award; and third prize $500.

How to Enter & Deadline

Students should email a Word version of their essay (no PDFs) to essays@ij.org no later than February 6, 2012.  Late entries will not be considered.  The Institute for Justice will announce winners by mid-April of 2012.

Good luck!

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Columbia Law Clinic Helps Gay Man Gain Asylum

by Kristen Pavón

Here’s some warm & fuzzy public interest news to kick off your weekend!

The Columbia Spectator reported today that Ahmed A., a 37-year-old gay man from the West African country Mauritania, was granted asylum  last month with the help of Columbia Law’s Sexuality and Gender Law Clinic.

“When I saw the headline, ‘Immigration approval’ and the small red stamp ‘Approval guaranteed’ on the bottom, I couldn’t believe myself,” says Ahmed, who identifies as gay and applied for asylum with the help of Columbia Law School’s Sexuality & Gender Law Clinic. “I was crying.” . . .

Columbia’s Sexuality and Gender Law Clinic, which is the only of its kind, adopts one or two asylum candidates every year. The clients, who are referred by the non-profit Immigration Equality, all seek to flee their countries for fear of persecution due to sexual orientation, gender identity, and/or HIV status. Mauritania is one of seven countries in the world where same-sex sexual activity is punishable by death. . . .

Ahmed said that because of his sexual orientation, his tribe banished him, his father signed away his legal relation to him, and his sister’s husband, who now works for the Mauritanian government, asked her for a divorce.

After calling Columbia clinical law professor Suzanne Goldberg [about his approval], Ahmed celebrated by sleeping, something he had barely been able to do for the six months that he waited for his application to be processed.

Ahmed’s case is a great reminder of why we, the public interest enthusiasts, do what we do.

 

 

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More Free Webinars! Veterans' Issues & Consumer Law Issues!

by Kristen Pavón

Hello readers!

I found a few more great free webinars for ya!

  • Veterans Issues: Family Law, Consumer Rights, Job Protection and Diversionary Courts – November 8, 2011. Register here.
  • Elder Rights training – Recorded Feb. 2011 to July 2011. Find them here.
  • Auto Fraud training – Recorded 2009 to Sept. 2011. Find them here.
  • Domestic Violence training – Sort of old, Recorded 2010. Find them here.

Enjoy!

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A Different Perspective: Access-to-Justice Issues in Canada

by Kristen Pavón

So, you may know that PSLawNet lists articling opportunities for Canadian law students. Articling is akin to an apprenticeship for law graduates, and it’s a prerequisite for practicing law in Canada.

In Ontario, an articling task force was created in response to a shortage of articling positions, especially those more oriented to social justice.

. . . 12.1 per cent of those [law graduates] seeking articles in the 2010-11 licensing year went unplaced, a big jump from a rate of 5.8 per cent three years ago.

The access-to-justice issue in Canada is twofold: First, sole practitioners, small firms and legal clinics do most of the legal work for low- and middle-income people and they do not have the resources to provide articling opportunities. Second, most articling opportunities are with medium and large firms that do not address social justice issues.

The task force’s final report should be out in June 2012. Read more here.

How would having an apprenticeship system in the U.S. affect our access-to-justice gap? Let me know your thoughts!

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The Legal Profession's Regulation Debate: What Does it Do for the Access to Justice Gap?

by Kristen Pavón

So, there’s a debate brewing about whether the legal profession should be as heavily regulated as it is. In case you haven’t read the NY Times op-ed and the Atlantic piece, I’ll get you up to speed.

The crux of the argument in the New York Times op-ed is that

the barriers to entry [to law practice] exist simply to protect lawyers from competition with non-lawyers and firms that are not lawyer-owned — competition that could reduce legal costs and give the public greater access to legal assistance.

In the Atlantic’s piece, Jordan Weissmann disagrees with most of Clifford Winston’s arguments for deregulating the legal profession — except that he agrees that non-JDs should be able to own law firms for the sake of technological advances. He argues that

[l]etting more people become lawyers won’t drive down costs in high-flying corporate law. And although it could help control legal fees for the rest of us, we could wind up allowing under-educated people to represent important cases for families who can’t afford the high-flying treatment.

I haven’t formulated a complete opinion on this issue, but I have some questions — how would deregulation affect the access to justice gap? Would there really be a positive change, like Winston envisions, for effectively representing clients who would otherwise a) go pro se to settle their legal issues or b) not do anything to settle their legal issues? How low would legal costs go? Low enough for the poor? Would the public interest law arena remain unchanged?

Thoughts?

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