Access to Justice

Background

Many people face civil legal problems — housing, family, debt, employment, and benefits — without a lawyer. ## Working-Class Inability to Obtain Representation Criminal defendants who cannot afford a lawyer receive free representation from a public defender. Working-class people, whose incomes fall just above the eligibility limits, have no such option. When they consult private attorneys, many are turned away because the potential recovery does not cover the cost of representation. ## Legal Aid For individuals within certain income guidelines, legal aid provides free representation. However, not all cases are accepted for representation. ## Courts The courts offer litigants no direct assistance. Court employees are prohibited from giving legal advice to anyone who asks. Instead, they refer people to the bar association and to self-help centers. ## Bar Association Bar association referral services typically provide a phone number for local referrals. In one personal experience shared with us, a caller reported that the referral number went unanswered on repeated attempts and that messages were never returned. ## Self-Help Centers Self-help centers assist self-represented (pro per) litigants with paperwork and procedure. That support ends once litigants appear in front of a judge, where they must represent themselves. ## Judges Some self-represented litigants report that judges are unsympathetic and move to dismiss their cases as quickly as possible. In one personal account, a federal judge reportedly yelled at a self-represented litigant and called security on her during a legal malpractice case in which she alleged the attorney she was suing had lied to the court. These accounts are individual experiences, not documented findings; they illustrate why this area needs careful, systematic research. Legal aid organizations, courts, bar associations, and technologists have pursued different approaches, including self-help centers, limited-scope representation, and regulatory experimentation.

Key questions

• What prevents people from finding or affording legal help for civil matters?
• Which services are available to people who do not qualify for legal aid but cannot afford private counsel?
• How effective are self-help resources and limited-scope representation?
• What role can non-attorney professionals and technology responsibly play?

Relevant research and related reports

No reports have been published in this area yet.

Related professionals

No approved professionals have listed this area yet.

Opportunities to participate

Find a professional who offers pro bono or reduced-fee services, share an experience seeking representation, or join the Access to Justice task force.

Suggested resources

• Your state's legal aid directory and court self-help center
• Bar association lawyer referral services
• Published access-to-justice commission reports in your state

These are general categories of official sources. Consult the authority in your own jurisdiction.