Legal aid creates positive client experiences with lawyers and provides a level of understanding of the legal system that builds trust
John Adams’ influence on the judiciary and the role of the law and lawyers is still felt today. His belief that defendants deserved equal counsel under the law directly influenced the Sixth Amendment, and today’s concept of legal aid is a direct result of his thinking.
Adams was deeply committed to equal representation before the law and was willing to place his reputation on the line for his principles. After the Boston Massacre, he defended the British soldiers accused of murdering five American colonists. On that matter, he later wrote, “Council ought to be the very last thing that an accused Person should want in a free Country,” and “every Lawyer must hold himself responsible not only to his Country, but to the highest and most infallible of all Trybunals.” In other words, lawyers must be committed to make the legal system work as intended.
Adams believed fairness for the litigant, regardless of their background, was fundamental to maintaining justice in society. For defendants facing legal proceedings for the first time, being represented by qualified counsel raises the comfort level for all parties and builds trust in the legal process. When litigants are informed about how court proceedings unfold, the possibility of a fair and just outcome increases. As attorneys, recognizing this fundamental tenet is an essential step in solving our profession’s most serious challenges.
Surprising Data Illustrates a Crisis in the Legal System
Legal aid services play a crucial role in providing adequate representation for those who cannot afford or access it. In Florida, it is a system approaching the tipping point. The Florida Bar Young Lawyers Division estimates that 60-80% of lower to middle-class Floridians cannot afford legal representation.
As Adams envisioned, the legal profession’s role ensures “the system” works for everyone. I believe that as attorneys, we are dangerously close to not upholding our social contract and the ideals set forth by our founders and echoed in our oath. Let’s look at some recent statistics that give context to a pending crisis.
- Recent data found that 72% of all divorces included at least one unrepresented party.
- A Harvard Law Today article from the same period lists a study of divorces in Philadelphia County, Pennsylvania, that found represented spouses were significantly more likely to win their divorce matters versus those who were unrepresented. The study cites unfamiliarity with court procedure as a key culprit.
- Trust in the American judicial system is at an all-time low. In the most recent Gallup annual honesty and ethics poll, the legal profession scored a net negative.
- In that same study, lawyers were tied for eighth least trusted on the list, and judges’ favorability rating dropping 15 points between 2021 and 2024.
- In 2023, pro bono work at 120 of the largest U.S. firms was still below pre-pandemic levels.
- The Legal Services Corporation’s Justice Gap Report revealed that only 19% of low-income individuals sought legal help for their civil matter.
- According to the same report, nearly three quarters of low-income Americans experienced a civil legal issue in the previous year, and a whopping 93% of those problems did not receive any or enough legal help.
- The LSC report sheds light on why: 46% of low-income unrepresented individuals believe counsel is economically out of reach, and 53% don’t know if they could find an affordable attorney if they needed one.
The data portrays a system that’s increasingly distrusted and at the same time encumbered by those who don’t understand it yet may need it the most. It also illustrates a profession that is not fulfilling its role and whose ability to instill trust in its clients is declining.
If the legal profession wishes to remain an independent, self-regulating body, we must change. We must start to address these issues and make ourselves essential, reestablishing the process of trust that Adams initiated 250 years ago. Should we ignore the crisis, we will lose the opportunity to create solutions ourselves.
Legal Aid Provides Education, Access and Improved Outcomes
There are three key strengths that legal aid brings to help solve our crisis. First, we begin by educating our clients on their rights under the law. This includes insight into a vast and intimidating system and process. We advocate for fairness and explain procedural options to clients who find themselves in a confounding process that they’ve never understood or been exposed to. A client may not know their responsibilities or vulnerabilities as they make decisions that have significant legal implications. By reviewing with them their rights, the court’s role in reaching a solution, and clear possible outcomes, we help clients avoid compounding issues in the future.
Next, increasing access benefits not just the client but the community. Organizations like Community Legal Services work hard to prove to clients that the system is not solely about enforcement of the law; it also provides for fairness and opportunity. We show them what’s possible under the law, outlining pathways to overcome their legal obstacles. Citizens who are unencumbered by legal restraints can more fully participate in their communities by being housed, employed, and healthy. Not only does access provide stability for them and their families; it also imparts an invaluable sense of agency and demonstrates that the system can indeed work for them.
Lastly, we must work, where just and possible, to avoid trial. This starts by ensuring litigants have counsel. In addition, we must reduce the number times we go to court. As the Harvard Law article mentioned above demonstrates, when both sides are represented, a pretrial settlement is more likely. Trust and understanding are essential components of the spirit of compromise.
Legal Aid’s Powerful Impact
Customer satisfaction, as businesspeople and marketers will explain, is primarily dependent on how the customer is treated rather than the outcome of the transaction. Legal aid creates positive client experiences with lawyers and provides a level of understanding of the legal system that builds trust. Common sense tells us that our work provides relief for our overburdened courts as the level of administrative knowledge is significantly raised. It also helps those in need avoid state-supported services like welfare, childcare, unemployment compensation, and medical and mental health services, ultimately saving taxpayers’ money. By addressing and reducing these needs and building trust with elected officials, legal aid helps avoid legislative oversight and bureaucratic involvement. Our efforts are crucial for improving lawyers’ reputations and maintaining the privilege of self-regulation.
As attorneys practicing in a nation of laws (as Adams called it), it is incumbent on each of us to ensure that the opportunity for equal representation is afforded to everyone who may need it. Legal aid is the direct path. It not only creates efficiency in the judicial system but provides a framework of giving back that builds trust and strengthens our ability to self-regulate as a profession. When we support legal aid, we not only strengthen our practice, but we positively impact every aspect of our laws-based society.
Jeffrey D. Harvey is the chief executive officer of Community Legal Services, a full-service civil legal aid law firm meeting the needs of the Central Florida community. He is a 24-year veteran of the United States Army and recently completed a master’s in strategic studies at the U.S. Army War College.
This article was originally published in The Florida Bar News and is shared here with permission from the publication.