Poverty and the Access-to-Justice Crisis

Abstract

This article documents the crisis of access to justice in the United States, where approximately 80 percent of the legal needs of low-income Americans go unmet. Rhode examines the structural barriers that prevent poor and middle-class Americans from obtaining legal representation, including the cost of legal services, the unauthorized practice of law restrictions, and the inadequacy of public funding for legal aid. The article argues that the legal profession's self-regulatory structure contributes to the access problem by maintaining artificial barriers to the provision of legal services and by failing to prioritize pro bono obligations.

Key Findings

• Approximately 80% of the legal needs of low-income Americans go unmet
• The cost of legal services is the primary barrier to access to justice
• Unauthorized practice of law restrictions prevent non-lawyers from providing many routine legal services
• The legal profession must fundamentally reform its approach to service delivery for underserved populations

Related Statutes

• Legal Services Corporation Act
• U.S. Constitution, Sixth Amendment

Related Cases

• Gideon v. Wainwright (1963)
• Turner v. Rogers (2011)