Access to Justice: Law, Policy, and Legal Ethics

Catalog description

The American civil justice system sits at a crossroads. In three-quarters of the 15 million civil cases filed in state courts each year, at least one side lacks a lawyer. Beneath those cases sit tens of millions more legal problems that never make it to court. Many are significant, even life-altering moments: debt disputes, evictions, domestic violence, a former partner behind on child support, an employer refusing to pay overtime, or an insurer who denies a legitimate claim. Yet most people face these problems without legal assistance, or they "lump it" rather than navigate a complex system alone. Such large, systemic gaps in access to legal services limit who can vindicate their rights, magnifying disparities based on income, education, race, gender, and ethnicity. They are unfair and undemocratic. The future of the civil justice system, and the legitimacy of the courts at its center, will turn on how--and how well--judges, court administrators, the legal profession, and an array of policymakers respond to these new realities This course offers a wide survey of the current state of access to civil justice in the United States. Students will consider the long-run causes and consequences of the justice gap and the major features, constituencies, and stakeholders of the state court systems that are struggling to close it. Students will also tour and assess potential solutions--from procedural simplification, to revived Due Process, to new technologies (e.g., online dispute resolution), to efforts to prime the supply of legal help by amending various Model Rules to expand non-lawyer practice of both the human and software sort. Throughout, students will explore the complex ethical rules that govern lawyers and lawyering and investigate whether and how these rules contribute to, and might instead ameliorate, the access-to-justice crisis. Ultimately, students will emerge…