Last week, we explored the scope of the justice gap and the often devastating practical consequences of the shortage in legal representation for low-income families across the country. As promised, we’ll now shift to a more hopeful discussion–how do we fix this problem? What are some of solutions and how do we implement them?
Over the past decade, a range of innovations has emerged to cope with dwindling legal-aid budgets and rising need for legal aid. From self-help resources for litigants to a pro bono requirement for new attorneys, the legal services landscape is evolving to address the fact that far too many clients aren’t accessing the help they need. Through pilot projects, some cities have even begun to ensure representation for all litigants in certain civil matters, such as foreclosures.
Still, while these local and independent responses are tremendously valuable, larger structural changes likely are needed reduce the long-term gap. Without a national “civil Gideon” approach–guaranteeing counsel to all unrepresented parties–how do we increase access to justice?
For more insight into this issue, I checked in with someone who has clearly thought about it at length: Jim Sandman, president of the Legal Services Corporation and a panelist at Tuesday’s event. Jim, the winner of our 2012 Presidents’ Award, was gracious enough to answer my questions by email, and below I’ve summarized some of his suggestions for how policymakers and the legal community can reduce the justice gap:
1. Increase funding
Funding for LSC grantees has dropped dramatically over the past two decades, making it difficult for even the most efficient organizations to serve every client who walks in their doors. To enable these organizations to fulfill their missions, Jim wrote, we need an “increase funding from all sources for legal aid programs.”
2. Simplify and streamline the legal system for unrepresented parties
Navigating the legal system can be notoriously frustrating for unrepresented litigants who are unfamiliar with court practices and complicated rules of procedure. To make the system more user-friendly, Jim proposed that we “expand the use of simplified and standardized forms written in plain language, increase online do-it-yourself resources, and permit non-lawyers to handle routine matters that do not require a legal education.” Reducing red tape and administrative barriers would both increase access to justice and reduce courts’ dockets, yielding a more equitable and efficient judicial system.
3. Increase pro bono participation among private attorneys
Third, Jim noted that the private bar has a significant role in reducing the justice gap by pitching in and contributing pro bono hours; however, we need to do a “better job of educating the profession about the nature and extent of the need.” This is also a priority of the Washington Council of Lawyers, which volunteers regularly at the DC Bar’s advice and referral clinic and seeks to publicize other pro bono opportunities in the DC area.
4. Provide legal aid organizations with better tools
As they cope with reduced funding and smaller staffs, legal services organizations must evaluate how to operate most efficiently. As Jim described, we should “equip legal aid organizations with the business tools to manage their resources to maximum effect–to use solid data to determine what legal services yield the best outcomes for clients and to apply the same rigorous analyses to their own performance that corporations use to assess the performance of their law firms.” In effect, these tools would allow legal services organizations to do more with less, and establish best practices for securing results for the individuals and families they serve.
Achieving the above goals would greatly increase access to justice and reduce disparities in our legal system. Nevertheless, Jim emphasized that there is no “single solution” to widespread underrepresentation, and that addressing the problem effectively will require a wide range of interventions and collaborations.