NCJ Number
54932
Journal
American Bar Association Journal Volume: 64, Dated: (NOVEMBER 1978) Pages: 1676-1679
Date Published
1978
Length
4 pages
Annotation
EDUCATING THE GENERAL PUBLIC TO RECOGNIZE LEGAL PROBLEMS AND REDUCING THE EXTENT OF UNMET NEEDS FOR LEGAL SERVICES ARE EXPLORED.
Abstract
STUDIES IN THE UNITED STATES, ENGLAND, AUSTRALIA, AND THE NETHERLANDS SHOW THAT MANY PEOPLE DO NOT SEEK THE AID OF LAWYERS ON A WIDE RANGE OF LEGAL PROBLEMS. A 1977 STUDY BY THE AMERICAN BAR ASSOCIATION AND THE AMERICAN BAR FOUNDATION INDICATED THAT LAWYERS WERE CONSULTED IN SLIGHTLY LESS THAN ONE-THIRD OF ALL LEGAL MATTERS. THE MEAN INCOME OF THOSE WHO EMPLOYED THE SERVICES OF LAWYERS IN REAL PROPERTY AND ESTATE PLANNING MATTERS WAS HIGH ($12,000 TO $13,000), BUT IN ALL OTHER PROBLEMS AREAS THE MEAN INCOME OF LEGAL SERVICE USERS WAS SIGNIFICANTLY LOWER. THE MEAN INCOME WAS UNDER $6,000 FOR EMPLOYMENT PROBLEMS AND UNDER $9,000 FOR MARITAL PROBLEMS AND CRIME-RELATED MATTERS. OTHER STUDIES DEMONSTRATE THAT BUSINESS PEOPLE SELDOM USE LEGAL SANCTIONS TO SETTLE THEIR CONTRACT DISPUTES AND THAT A CRUCIAL ROLE IN BRIDGING THE GAP BETWEEN CLIENTS AND LAWYERS IS PLAYED BY SUCH INTERMEDIARIES AS PHYSICIANS, EMPLOYERS, UNION OFFICIALS, CITY COUNSELORS, NEIGHBORS, FRIENDS, AND RELATIVES. MANY STUDIES ARGUE THAT THE RECOGNITION OF LEGAL PROBLEMS AND THE USE OF LEGAL SERVICES ARE RELATED PRIMARILY TO POVERTY. OTHERS HAVE BROADENED THIS EXPLANATION TO INCLUDE THE SOCIAL PSYCHOLOGY THEORY THAT CLIENT-LAWYER RELATIONS OCCUR IN THE CONTEXT OF A COMPLICATED NETWORK OF SOCIAL ORGANIZATION AND TO INCLUDE THE LEGAL INCOMPETENCE THEORY. NEITHER THE POVERTY THEORY NOR THE LEGAL INCOMPETENCE THEORY, HOWEVER EXPLAINS THE RELUCTANCE OF PEOPLE INVOLVED IN BUSINESS TO USE LAWYERS. THE SOCIAL ORGANIZATION THEORY DOES NOT EXPLAIN WHY THERE IS A STRONGLY DEVELOPED PATTERN OF CONTACTS BETWEEN CLIENTS AND LAWYERS. THE MOST SIGNIFICANT DIFFERENCE BETWEEN THOSE WHO TAKE LEGAL ADVICE AND THOSE WHO DO NOT, AT LEAST IN MANY PROBLEM CATEGORIES, MAY BE THE FACT THAT ONE GROUP HAS CONTACT WITH A KNOWLEDGEABLE LAY INTERMEDIARY WHILE THE OTHER DOES NOT. DIFFICULTIES ASSOCIATED WITH THE USE OF FRIENDS AND RELATIVES AS A LAY INTERMEDIARY ARE NOTED. (DEP)