June 2021: Rethinking Lawyer Regulation — by Jim Sandman
Excerpts:
The National Center for State Courts estimates that in 76 percent of civil cases in state courts, at least one party is unrepresented. That figure does not include family law cases. If it did, the percentage would be even higher. It is common for more than 90 percent of tenants facing eviction in the United States to be without counsel, even though more than 90 percent of landlords have lawyers. It is common for more than 80 percent of domestic violence victims seeking protection orders to be without counsel.
The model on which our adversary system of justice is based – with each party represented by counsel who present evidence and arguments on behalf of their clients – is a fiction in the majority of civil cases in the United States today. Unrepresented litigants fend for themselves in tens of millions of cases every year involving the most basic of human needs: shelter (evictions and foreclosures), family stability (child custody child support, adoptions, and guardianships), personal safety (protection orders against abusers), and economic subsistence (access to unemployment insurance, health care, food, and other benefits programs). The lack of access to counsel affects not just low-income people, but the middle class and small businesses, too.
Our nation is defaulting on its foundational promise of justice for all. We need solutions commensurate with the magnitude and the urgency of the problem, and those solutions must include regulatory reform.