NCJ Number
54313
Date Published
1977
Length
23 pages
Annotation
A FOUR-POINT PROGRAM TO REMEDY THE MALDISTRIBUTION OF LEGAL SERVICES IN THE UNITED STATES AND THE INABILITY OF COURTS TO COPE WITH OVERCROWDED DOCKETS IS OUTLINED. IT EMPHASIZES PREVENTION AND INFORMAL LEGAL PROCEDURES.
Abstract
IT IS POINTED OUT THAT MOST OF THE 450,000 LAWYERS IN THE UNITED STATES DEAL WITH THE INTERESTS OF BUSINESSES OR VERY WEALTHY INDIVIDUALS, AND THAT THE DELIVERY OF LEGAL SERVICES TO THE POOR AND THE MIDDLE-INCOME GROUP IS INADEQUATE. THIS MALDISTRIBUTION OF LEGAL SERVICES IS SUBSIDIZED BY THE GOVERNMENT THROUGH ITS TAX DEDUCTION SYSTEM. IT IS URGED THAT THE GOVERNMENT MAKE PROBATE SERVICES AND THE WRITING OF WILLS FREE TO ALL, JUST AS TAX SERVICES ARE FREE THROUGH THE INTERNAL REVENUE SERVICE. IT IS ALSO URGED THAT GREATER EFFORTS BE GIVEN TO PREVENTION. AT PRESENT BOTH THE CIVIL AND CRIMINAL JUSTICE SYSTEMS FOCUS ON HANDLING PROBLEMS WHICH HAVE ALREADY ARISEN. POLICE AND COURTS ARE URGED TO PREVENT CRIME BY ADVISING PERSONS OF WAYS THEY CAN SAFEGUARD THEIR HOMES AND BUSINESSES. CONSUMER LAWYERS SHOULD BE AVAILABLE TO HELP PERSONS WITH CONTRACTS BEFORE DISPUTES ARISE. SUCH LEGAL PREVENTION IS LIKENED TO PUBLIC HEALTH DISEASE PREVENTION EFFORTS. THE PROGRAM ALSO URGES AGGREGATE JUSTICE, WHICH INVOLVES A COLLECTIVE APPROACH TO INDIVIDUAL CIVIL AND CRIMINAL MATTERS, BETTER ATTENTION TO THE HANDLING OF CIVIL AND CRIMINAL CASES, AND INFORMAL MEANS OF SETTLING PRIVATE DISPUTES. IT IS POINTED OUT THAT THE AGGREGATE APPROACH IS ALREADY USED IN CONSUMER FRAUD LAW AND CLASS ACTION SUITS. IT IS ALSO RECOMMENDED THAT THE COST OF LEGAL SERVICES BE REDUCED THROUGH GROUP LEGAL SERVICES PLANS OR SOME OTHER ARRANGEMENTS, AND THAT GREATER ATTENTION BE GIVEN TO THE PROBLEM OF THE MIDDLE CLASS DEFENDANT WHO IS NOT ELIGIBLE FOR PUBLIC DEFENSE BUT CANNOT AFFORD A HIGH-PRICED LAWYER. STEPS TO REDUCE LITIGATION ARE DISCUSSED. NEIGHBORHOOD JUSTICE CENTERS AND OTHER ARBITRATION PROCEDURES ARE URGED. (GLR)