WHAT IS THAT?
The Massachusetts Board of Bar Examiners (BBE) stated in a September 3, 2013 letter to the Massachusetts Access to Justice Commission of the Supreme Judicial Court that they understood “that the need for the availability of legal services to the poor is increasing at staggering rates….” Hence, effective for the July 2016 Bar Examination, the BBE will now test this broad field encompassing legal services to the poor. Below is a list of the areas within “Access to Justice” and what major topic they tie into with your current materials:
Landlord-Tenant, including evictions, affirmative defenses and counterclaims. Fee-shifting statutes and foreclosures.
This is currently within the scope of Property, Contracts, and Chapter 93A
Divorce, including child custody, support, visitation. Termination of Parental Rights. Domestic Abuse.Guardianship and Conservatorship.
This is currently within the scope of Family Law
Consumer Matters, including debt collection, predatory lending and unfair or deceptive trade practices.
This is currently within the scope of Chapter 93A
Health Care Proxies, Power of Attorney, Advanced Directives.
This is currently within the scope of Wills and Trusts
Due Process doctrines related to fair hearings, civil commitment and civil right to counsel.
This is currently within the scope of Constitutional Law
Representation of nonprofit organizations.
This is currently within the scope of Business Organizations
Ethical rules including MRCP 1.2, 1.5, .4, 1.15, 4.3, 6.1, 6.5 and Limited Assistance Representation.
This is currently within the scope of Professional Responsibility.
LawTutors will include these topics in their workshop classes when reviewing the predominant topic subject. For example, when teaching Constitutional Law, due attention will be given to due process doctrines related to fair hearings, civil commitments, and civil right to counsel.
Essentially, the BBE is giving a list of sub-topics they may test within the major topics that you will already be studying so that you may focus attention on these potentially ripe testing areas.
Download "Justice, Justice Shall Ye Pursue," by Hon. Jonathan Lippman (166 KB)
Download "WHY A RIGHT: The Right to Counsel and the Ecology of Housing Justice," by Andrew Scherer (220 KB)
Download "The Fight for Justice in Housing Court: From the Bronx to a Right to Counsel for all New York City Tenants," by Susanna Blankley (201 KB)
Download "Caught in the Web: Immigrant Children in Removal Proceedings," by Claire Thomas & Lenni Benson (230 KB)
Download "Access to Justice in Buffalo and Beyond: Making the Justice System More Welcoming for Refugees," byFidèle Menavanza (212 KB)
Download "Denying Access to Justice During a Carceral Crisis," by Brett Dignam (191 KB)
Download "Tort Reform: Blocking the Courthouse Door and Denying Access to Justice," by Joanne Doroshow (218 KB)
Download "Moving Women out of Poverty: A Call to Action for Legal Aid," by Catherine Carr (172 KB)
Download "The Civil Legal Aid Movement: 15 Initiatives that are Increasing Access to Justice in the United States," by David Udell (208 KB)
Download "Expanding Access to Justice: Alternatives to Full Representation in New York State," by Randal Jeffrey (229 KB)
Download "Filling the Gaps: Another Way to Tackle the Access to Justice Crisis," by Karen Simmons (185 KB)
Download "Pro Pro Bono: Volunteer Lawyers Are an Essential Part of Access to Civil Justice," by Amy Barasch (214 KB)
Download "Access to Justice in Latin America: A Changing Legal Landscape," by Joan Vermeulen (160 KB)
Download "The Downside of Disruption: The Risks Associated with Transformational Change in the Delivery of Legal Services," by Raymond Brescia (207 KB)
Download "Access to Justice is More Than the Right to Counsel: The Role of the Judge in Assisting Unrepresented Litigants," by Paris Baldacci (185 KB)
Download "Promoting Justice from the Inside: The Counseling Role of Local Government and School District Attorneys," by Lisa F. Grumet (227 KB)