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Beyond Elite Law: Access to Civil Justice in America

Beyond Elite Law: Access to Civil Justice in America

Author: Samuel Estreicher; Joy Radice
Publisher: Cambridge University Press
ISBN: 9781107070103

Published In: September 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107668621

List Price: AU$293.80

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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.

Foreword

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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