CBA Record November 2018

Chicago Bar Foundation Report

What Do We Mean When We Say “Access to Justice?”

By Bob Glaves CBF Executive Director E qual Justice Under Law. That noble phrase is inscribed on the front of the United States Supreme Court and represents one of the most fundamen- tal principles our country was founded upon. But what does it mean in practical terms? And what is necessary to achieve it? After I proposed a banned words list for access to justice earlier this year, several people commented that we should add another phrase to the list: “access to justice.” That was not meant as snark, but as genu- ine concern that the phrase has grown too amorphous and inconsistent to be mean- ingful. And that presents a big problem for all of us who care about these issues. This dilemma brings to mind the great quote from Yogi Berra we used in one of our recent 70 th Anniversary posts: “ If you don’t know where you’re going, you might not get there.” And if we aren’t clear and consistent about what we mean when we say “access to justice,” we are going to have a difficult time in reaching the goal we all are seeking.

Defining Access to Justice Access to justice includes both substantive and procedural elements, and they are interdependent. With that in mind, below is my proposed longer definition: A person or entity facing a legal issue— i.e., they could benefit from or be hurt by a legal action—has timely and affordable access to: (a) the appropriate level of legal assistance, and (b) a fair and efficient court or process to resolve disputes so that they can understand and make

decisions about their legal issue; get a fair and cost-effective resolution on the facts and applicable law; and feel like they were heard, were treated fairly, and understood the outcome. Or in simpler terms: A person facing a legal issue has timely and affordable access to the level of legal help they need to get a fair outcome on the merits of their issue, and can walk away believing they got a fair shake in the process.

For more information on Access to Justice, go to www.chicagobarfoundation.com

20 NOVEMBER 2018