Beyond Elite Law: Access to Civil Justice in America

Law

Beyond Elite Law: Access to Civil Justice in America

Edited by Samuel Estreicher · Joy Radice
Cambridge University Press November 2017

Specifications

ISBN-13
9781107668621
Publisher
Cambridge University Press
Publication
November 2017
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice.

This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.

Table of Contents

Foreword
Overview
Overview
Beyond elite law: editors' introduction

Part I. Current State of Access to Legal Services by Working Americans:
1. Access to civil justice in America: what do we know?
2. Life in the law-thick world: the legal resource landscape for ordinary Americans
3. The need for a national civil justice survey of incidence and claiming behavior
4. When does representation matter?
5. Bankruptcy's false start: self-representation and the dismissal of chapter 7 cases
6. Race and representation: racial disparities in legal representation for employment civil rights plaintiffs
7. The unemployment action center: a student-driven response to legal need
8. Immigrant representation: meeting an urgent need
9. Reform at the crossroads: self-representation, civil Gideon, and community mobilizations in immigration cases

Part II. Sources of Legal Services Assistance for Working Americans:
10. The evolution of legal services in the United States: from the war on poverty to civil Gideon and beyond
11. The effect of contingent fees and statutory fee-shifting: two models of alternative attorney-payment devices
12. The market for recent law graduates
13. Clinical legal education and access to justice: conflicts, interests, and evolution
14. Loan repayment assistance as a means of promoting access to justice
15. Federally-funded civil legal services for low-income Americans
16. New York's lawyer referral services
17. The growth of large law firm pro bono programs
18. Institutionalizing pro bono
19. Pro bono as a second career
20. Employer-provided legal services for employment claims
21. The Verizon pro bono program
22. Individualized justice in class and collective actions

Part III. Fashioning a Reform Agenda:
23. Task force to expand access to civil legal services in New York
24. New York's fifty-hour pro bono requirement for new lawyers
25. Starting a 'low bono' law practice
26. Toward a more effective and accessible solo and small firm practice model
27. Facilitating homemade wills
28. Court facilitation of self-representation
29. Limited representation and ethical challenges
30. Technology can solve much of America's access to justice problem, if we let it
31. Mediation of employment disputes at the EEOC
32. AAA consumer arbitration
33. Saturns for rickshaws - lessons for consumer arbitration and the access to justice
34. Employment arbitration in the securities industry
35. FINRA arbitration and access to justice in employment disputes
36. Arbitration as an employee-friendly forum
37. Access to justice in employment arbitration
38. Collaborative technology improves access to justice
39. Union representation in employment arbitration
40. Legal representation for New York City's Chinese immigrant workers: the role of intermediate institutions
41. Reassessing unauthorized practice of law rules
42. The Pyett protocol: collectively-bargained grievance-arbitration systems as a forum for individual statutory employment claims

Part IV. Creating a Culture of Service:
43. Integrating pro bono activities with the law firm's business
44. Facilitating law firm pro bono transactional matters
45. What bar associations do and can do to improve access to civil justice
46. The teaching law office: service and learning in the law school years
47. The emergency-room law school clinic
48. CUNY Law School's community-based and community-empowering clinics
49. A new law school in Texas to address unmet legal needs
50. Public service residency program in lieu of the third year of law school.
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