Defining Equal Legal Access
At its core, the legal system is meant to be a fair and just framework in which all citizens have the right to due process. This means that every person and entity has the right to seek legal recourse for any harm done to them by another party. Likewise, they have the right to seek protection from wrongful actions by others. However, there is not always equal access to legal services for all. Some people and communities have greater means and therefore greater access, while others do not have the financial or other resources to access the legal system to protect or enforce their rights. This disparity in access to legal services has a broader impact on our society, affecting quality of life, economic success , and overall well-being. The American Bar Association (ABA) cites adequate representation as one of the greatest challenges to the justice system in the U.S. today—one that is critical to procure in order for the legal system to be fair and equitable. Lawyers serve an integral role in ensuring equal access to the legal system, from bringing lawsuits to court to negotiating settlements and resolving disputes before they escalate. Additionally, bar associations and other organizations are on a mission to end discrimination and prejudice within the legal sector. They understand that access to justice is vital to ensuring that everyone has equal representation under the law, and the ability to access the courts is paramount to safeguarding our rights and freedoms.
Obstacles to Equal Legal Access
Financial constraints are among the most prominent barriers to equality of access. The cost of hiring a lawyer can be prohibitive for many individuals and communities, especially for those struggling to make ends meet. Legal fees can accumulate quickly, and many people are forced to choose between obtaining legal representation and addressing other pressing financial needs. Government-funded legal services, meanwhile, have been increasingly restricted in the past few years, limiting the availability of support to individuals who cannot afford legal assistance.
Geographic limitations pose another challenge to equitable legal access. In many rural areas, for instance, there may be fewer qualified attorneys available to represent clients. This can pose significant complications for those seeking legal assistance in areas such as personal injury or family law. Individuals may be further deterred from seeking legal representation due to geographic isolation or lack of transportation.
Finally, lack of awareness or education can inhibit equal access to legal support. Many individuals and communities are not aware of the full array of services available to them; even those who are relatively informed may be confused by the wide variety of legal options. Others may be unaware of the lawyer/client relationship, which can discourage them from seeking assistance in their time of need.
Free Legal Aid and Pro Bono Representation
Equal access to legal representation is not only the responsibility of the state. Lawyers and legal professionals working on a pro bono basis are a crucial element in widespread access to legal advice. Legal aid organizations also serve an invaluable function in representing those with low incomes or special needs. Pro bono legal services are increasingly common, as both a matter of ethics or corporate policy in private firms and as a government requirement for some public defenders’ offices. Although these lawyers and organizations have limitations as to the number and type of cases they can handle, their contribution is invaluable particularly in countries where a lawyer may be virtually compulsory for many legal issues. Likewise, legal aid societies and government programs providing legal representation for those unable to afford compensation services play a huge role in the integrity of justice systems that require representation by law.
The Role of Technology in Equal Legal Access
The rapid deployment of web-based services and virtual platforms is evolving into a sophisticated support system for today’s legal practice. Technology, from video conferencing software to online legal research environments, now exists on a scale that can and will change the way services are delivered, the skill sets legal professionals possess and the identity of the practicing bar itself. But it is in the realm of access to the law and legal services that tech’s impact will be most transformative.
Historically, access to law books, many of which are no longer printed, was an important factor in many cases. The court filing process depended on stacks of printed pleadings and motions, and the majority of firm communication with the client was voice to voice. The physical barrier between those who could afford representation and those who could not has diminished significantly in less than a generation, due in large part to the resourcefulness of the legal community — from those it calls upon to assist in its efforts to advance justice. This is the point at which we enter into the era of ubiquitous application of technology.
We’ve all read of, or heard about, legal applications using cloud technology that provide real-time communication to jurors, parties or witnesses – interactive applications that provide easy search and map capabilities, scoring or polling functions, or document-sharing capabilities. These applications have all become staples of modern jury trials, hearings and depositions. They are a vital part of today’s courtroom practice. They save time and money while increasing the efficiency and effectiveness of presenting a case to judges and juries. But this technology has also provided a means of distributing the practice of law beyond the courthouse via the cloud. And that means equal access to the same justice – not the same job – for everyone.
Open-source document creation technologies alone will change the dynamics between lawyers and paralegals. A strong attorney in his or her own right, like him or not, paralegal par excellence Paul Drake’s existence was made possible by the proliferation of legal forms . Now, websites that offer free downloadable contracts and agreements are ubiquitous. For those who have no idea where to start, there are multiple resources, such as free legal templates, that will generate the basics for a contract you can revise to fit a situation. (Plaintiffs’ litigation firms rarely see themselves as a threat to these online resources). And for those who seek it, legal help is now as close as a smart phone and the tap of a thumb.
Mobile access to the law – whether by web site or application – is being offered nearly everywhere. Online services assist with both family affairs (including divorce) and damage claims. Drone laws and regulations can be easily accessed by the public as easily as a video of the latest app-generated climb up Mt. Everest. Want to sue a shady auto mechanic? There’s an app for that as well. Mobile attorney services can even be accessed, including a 3-12 touch process for finding an attorney online who handles bankruptcy or family matters. And you’re a click away from a qualified attorney who speaks your language. Nearly anything you need is now available, including apps that allow you to settle disputes and obtain services without ever setting foot in a courtroom or office building.
New technology like Microsoft’s holographic computer can be life-changing; and advancements like these will only serve to assist in creating the future practice of law. People, young or old, who never imagined the ability to meet legal needs without leaving their kitchen table or even their hospital room can now speak via video link to an experienced attorney who can explain their rights and provide options they never knew existed. The inroads being made in teleconferencing, electronic medicine, virtual conferences, and so on are all impacting the quality and quantity of legal services in your neighborhood zip code and across the globe, providing people with choices and the peace of mind that is absent when they confront legal situations on their own.
Legislation to Ensure Equal Legal Access
Over the years, various legal precedents and legislation have sought to address unequal access to legal services. The Legal Services Corporation Act of 1974 created a federally funded system for delivering civil legal aid to low-income Americans. Following the Watergate scandal, Congress passed the 1974 amendment, which funded a pilot program of legal aid projects run by the National Legal Aid and Defender Association ("NLADA") and administered by LSC.
Then, in 1975, the Supreme Court decided Argersinger v. Hamlin, which held that no one can be imprisoned for a crime without first receiving legal counsel. However, the requirements for legal counsel under this ruling were different between adult criminal proceedings and juvenile court proceedings.
In 1986, Congress also passed the right to counsel law at civil proceedings and established the Violent Crime Control and Law Enforcement Act, which made grants to help provide legal assistance to domestic abuse victims, as well as other programs for administering such aid in general.
In recent years, policies and rulings around the right to counsel have changed. In 2008, the Warren Spahn Act allowed enrolled students otherwise ineligible for legal services through programs sponsored by the Legal Aid Society of The District of Columbia to receive such assistance.
In 2013, the Supreme Court decided Missouri v. Frye and Lafler v. Cooper. The Court found that insistence of plea bargain by prosecutor without offering counsel was a violation of Sixth Amendment rights. Again, we see a difference in responsibilities between adult proceedings and juvenile proceedings.
The most significant legislation regarding unrepresented people involved in judicial proceedings came in 2014. The Justice for Victims of Trafficking Act, passed as part of a $325 billion funding bill signed by President Barack Obama, extends certain existing laws on trafficking and sex crimes, and established the Justice for Victims of Trafficking Interagency Prostitution Prevention Initiative.
The Act also established the use of registries in each state to record the names of those convicted of attempting to purchase or sell sex. In regard to other services, the Act provides for legal counsel to be present for survivors of sex traffickers, authorizing up to $5 million per year in funding to support the provision of such legal services.
How Citizens Can Pursue Equal Legal Access
Those who are seeking equal access to legal services and the rule of law can do so by exploring the following options:
The American Bar Association’s Legal Aid Programs Directory contains a detailed description of the type of legal services that are available in each state, as well as contact information for national and state legal aid programs. Americans may use this directory to locate their local legal aid services.
For those who are unable to locate the proper provider using the American Bar Association’s directory, they may also use Pro Bono Net to search for their local legal aid office. This website allows visitors to search for legal aid, including pro bono programs and legal advice services, by both state and category of concern .
In the event that an American who is in need of legal assistance needs immediate assistance, they may turn to the National Domestic Violence Hotline and the U.S. Department of Justice for help. The National Domestic Violence Hotline is staffed by multiple sources for legal aid, and there will likely be a legal aid or pro bono office available there that can assist Americans seeking immediate and equitable assistance.
As for the U.S. Department of Justice, their toll-free helpline, 1-800-999-9988, provides free legal aid referrals to persons facing civil legal issues based on income or cases involving federal law.