Representation, Calibrated
Rutgers Law School Research Paper Forthcoming
Georgetown Journal of Legal Ethics, Volume 38 (forthcoming fall 2025)
44 Pages Posted: 8 May 2025
Date Written: February 01, 2025
Abstract
More people interact with administrative adjudications than with courts, and the lack of lawyers to assist people in these proceedings remains at crisis levels. However, federal agencies have experimented with expanding nonlawyer representation and assistance for decades. To date though, the various regulatory structures governing nonlawyers have not been adequately studied. This project fills that gap using data gathered in consultation with the Administrative Conference of the United States through interviews, focus groups, and requests for written comments from various stakeholders involved in administrative adjudication procedures in addition to a review of regulatory structures and procedures at fifteen federal agencies. The evidence developed here can provide important context for effective advocacy in support of these programs against political attacks.
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