When it comes to obtaining a divorce, pro se litigants face significant obstacles, stemming primarily from financial challenges. Without a lawyer, many are ill equipped to undertake the complex paperwork, waiting periods, and logistical hurdles that come with filing for divorce. This first of two divorce study episodes of Proof Over Precedent introduces the randomized controlled trial the A2J Lab undertook to determine how effective pro bono matching services are in providing access to justice for low-income individuals. 

Listen to Episode 25: Legal Labyrinths Reveal Divorce Filing Woes

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Rogers hearings allow Massachusetts judges to approve treatment plans for involuntarily committed individuals, but the process is criticized for its inefficiency and 99% approval rate. What if procedural reforms could improve outcomes? Replacing district court judges with administrative law judges to oversee hearings and substituting public defenders with mental health professionals as patient advocates could improve outcomes for both the involuntarily committed individuals and the courts—reducing delays, improving patient outcomes, and better utilizing court resources, according to HLS student Aarushi Solanki. She outlines the need for a randomized controlled trial to bring evidence to this proposal.

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In this “Student Voices” episode of Proof Over Precedent, HLS student Aarushi Solanki discusses involuntary commitment laws for psychiatric patients in Massachusetts. Instead of protecting patient rights, the process of holding separate commitment and treatment hearings winds up denying patients access to timely treatment. A look at global leaders in procedural and substantive mental health reforms could help guide changes in Massachusetts’ legal standards and processes.

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Can the presence of legal counsel at a criminal justice defendant’s first court hearing transform their journey through the justice system? Two Texas counties examined this possibility in a now-completed A2J Lab study. Director Jim Greiner hosts fellow A2J Lab researcher Renee Danser and Texas A&M researchers George Nafault and Bethany Patterson in a discussion about the project results and their potential impact on legal representation and judicial decision making going forward.

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Access to justice via government websites should mean ease of digital access to information. But what if your simple search on filing for a restraining order returned lists of forms in legalese or 37 pages of links to weed through for the appropriate form? In this Student Voices episode of Proof Over Precedent, J.D. candidate Spencer Thieme argues for simple and inexpensive upgrades to state and federal government websites to improve accessibility for the nonlawyers and non-government workers.

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Early this year, the A2J Lab was expanding globally for the first time, bringing its mission to study access to justice to both Kenya and Tunisia — and just about half-way through its study — when a federal stop-work order abruptly shut down the project. In this episode of Proof Over Precedent, we have no study results to report about the project that intended to look at whether prompt access to quality representation affects legal and social outcomes for defendants in misdemeanors and petty offenses in the two African nations. Instead, the A2J Lab’s Renee Danser shares her experience working on the lab’s first global project, the intentions of the study and the progress it made through January this year, and the lessons learned from both an international project and the discontinuation of the study. Primary takeaway: remain hopeful and persistent as we continue to look for funding to restart the project.

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More bankruptcy cases were filed in 2024 than all other civil cases in federal court combined – a factor that should make access to the bankruptcy filing process a priority in the U.S., HLS student Joe Liberman argues in this Student Voices podcast. Part II of this series discusses potential reforms, including changing attorney fee structures, simplifying the bankruptcy process, and making information about legal representation more accessible.

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Listen to Part 1 of the podcast or read Part 1 of the blog post.

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Is the financial reset system too difficult to navigate? In this “Student Voices” episode of Proof Over Precedent, HLS J.D. candidate Joe Liberman discusses the complexities and accessibility issues associated with “no-money-down” bankruptcy filings that often hurt the people who can least afford these particular filings.Closer scrutiny to legal fees associated with bankruptcy filings may help steer incentives toward the debtor rather than the attorney working with the filer.

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A recently launched A2J Lab study examines the effectiveness of an education and community resource-focused program at reducing recidivism among low-level offenders. The program has been in practice for seven years in Toledo, Ohio, but has not yet been studied thoroughly. In this episode of Proof Over Precedent, the A2J Lab’s Renee Danser discusses the program and the potential it has, if found to be effective, to serve as an affordable blueprint for other municipal court systems.

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In this “Student Voices” episode of Proof Over Precedent, HLS J.D. candidate Rachel Barkin discusses the challenges faced by pro se litigants in complying with civil procedure rules. While interpretation of legal language may be an obstacle, she argues that deployability–the ability to effectively use legal knowledge in court–is the more significant hurdle for self-represented litigants. She delves into the quantitative and qualitative research available for addressing the complexities of legal procedures, suggesting that a balance of both may be necessary for a complete understanding of the issues.

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