How the Legal Profession Impedes Public Access to Courts (From First National Symposium on Court Management - Proceedings, P 111-117, 1982, Geoff Gallas and Amy Rausch, ed. - See NCJ-85306)

• NCJ Number: 85311
• Author(s): P M Stern
• Date Published: 1982
• Length: 7 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: Available on microfiche as NCJ-85306

Annotation

Through its high fees, monopolistic self-regulation, and prevention of lay representation, the legal profession has denied access to the courts for about 70 percent of the U.S. population.

Abstract

One step that can be taken to counter the high cost of legal representation would be to establish accessible small claims courts and other forums that can be used by the citizenry without the aid of lawyers. Further, in courts and forums where legal representation is not required, court staffs should be expanded to provide more assistance to those using the courts. Another step that can help reduce legal fees is to decrease the number of events requiring litigation, such as by providing for uncontested divorces and no-fault auto insurance. Also, the ways in which paralegals can be of assistance to citizens at less cost than attorneys should be expanded, including court representation by paralegals in some types of cases. The advent of legal clinics helps reduce the cost of routine mass-producible law problems, but it is of little advantage in matters than can only be resolved through litigation. The most beneficial step would be the expansion of prepaid legal insurance plans. Ultimately, the imbalance of legal services and access to the courts can only be remedied by establishing some form of national legal insurance or a national legal service patterned after the British National Health Service. Two references are listed.