- Posted January 10, 2014
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OFF THE PRESS
Sheldon Krantz has seen the legal profession from every angle. As a federal prosecutor, law professor, dean of the University of San Diego Law School, partner at one of the world's largest law firms for almost two decades, and director of New Perimeter, DLA Piper's global pro bono affiliate, Krantz has seen a profession that has lost its way. Dominated by self-interest, unwilling to adapt its ways in an ever changing environment, and largely ignoring the legal needs of much of the population, Krantz believes the legal profession is in need of serious review and reform.
In his new book, "The Legal Profession: What is Wrong and How to Fix It" (LexisNexis, Dec. 2, 2013), Krantz provides a perspective on the profession's flaws and offers a number of solutions. Acknowledging that change will not be easy, particularly in a profession that is wedded to how things have always been done, Krantz is confident that necessary changes can be and are already starting to be made.
"In many ways, we have lost our moral compass and true sense of purpose, says Krantz. "We need to take a look in the mirror and ask ourselves some difficult questions about the value of our services, who we provide them to, and who we ignore."
Some of the key problems and proposed solutions include:
* Access to Justice
Krantz points out that the access to justice crisis impacts most middle class Americans and not just the poor.In response, he proposes:
--Removing restrictions that preclude non-lawyers from helping to address unmet legal services needs.
--Establishing mandatory pro bono requirements for all lawyers
--Providing reduced fee and expanded pre-paid legal insurance options for persons with limited means.
--Increasing the profession's commitment to provide useful information to those who represent themselves in legal matters.
--Offering incentives, comparable to those available to doctors, for recent law graduates to become "community lawyers" in rural and smaller communities.
* Law Firms
Many of today's largest and most influential firms have become fixated on profitability and self interest, to the detriment of their clients and their own lawyers. In his new agenda, Krantz proposes that law firms shift their emphasis and give priority to:
--Identifying better and more cost-effective ways to serve clients.
--Providing reduced priced services to those that cannot afford standard rates.
--Nurturing the professional development of their lawyers
* New Roles for Law Schools
Law schools must assume greater responsibility for providing leadership and new direction for the legal profession by:
--Serving as laboratories and incubators to test new approaches for serving clients and the public.
--Working jointly with state bar authorities on identifying and providing needed skills that the next generation of lawyers will need to have.
* The American Legal Profession Institute
Major reform of the legal profession is unlikely, Krantz asserts, without a new broadly-based national organization formed to promote it and to stimulate and support research, development, and experimentation, on better ways for the profession to serve its clients and the public interest. He calls for the creation of an American Legal Profession Institute and proposes that in shaping its priorities, it seek guidance from a variety of stakeholders--including clients and those not now being served.
Published: Fri, Jan 10, 2014
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