The Making of the Access to Justice (A2J) Crisis — from by Nora Freeman Engstrom & David Freeman Engstrom
After decades of neglect, access to justice has roared onto legal and political radars, fueled by a growing realization—first among lawyers but increasingly among the wider American public—that the civil justice system is in crisis. In roughly three-quarters of the 20 million civil cases filed in state courts each year, one side lacks a lawyer—a dynamic that poses a direct challenge to the system’s adversarial core.1 And these are the cases and litigants we can see. Beneath them lies a larger but hidden crisis. It consists of tens of millions more Americans who face genuine legal problems but take no formal legal action to protect their interests.2 As this double-layered calamity has come into focus, state supreme courts, bar associations, and even the crusty American Law Institute are taking note.3
These institutional plaintiffs have built business models around high-volume litigation practices, in large part by leveraging “legal tech,” from e-filing to AI. Yet the legal tech that serves individual Americans on the other side of the “v” remains clunky and limited. The result is a lopsided litigation landscape that’s wreaking havoc on litigants and courts alike.