CBA Record November 2018

By either definition, it is important to remember both the substantive and proce- dural sides of this coin. If someone gets an objectively fair result but the process does not allow them to understand or believe that they got a fair shake, they aren’t going to believe justice was served. Breaking down the definition helps identify three interrelated areas we collec- tively need to address for everyone to have access to justice. The Role of Education and Outreach The starting point for access to justice is that someone facing a legal issue actually recognizes it as a legal issue and can find basic informa tion on their rights and responsibilities and where they can go for assistance. Before we even get to the matter of access to legal help, the biggest reason people don’t seek help when they face a legal issue is that they don’t recognize their prob- lem as a legal one. And even when they do, they too often don’t know how or where to find quality, cost-effective legal assistance. Addressing this challenge requires a combination of increasing the availabil- ity of simplified and user-friendly legal information and resources for the public; expanding community outreach through existing networks where people already are going (e.g., hospitals, schools, churches and community associations); and rethinking the rules on marketing and advertising of legal services , which are restraining market forces that could address this problem. The Role of the Courts The courts have a large role in access to justice as well. There are many ways we can make the courts more user-friendly, accessible and welcoming for people facing legal issues, and increase the likelihood that people will understand and feel heard in the process so that they can walk away feeling they got a fair shake even when they may not like the sub- stantive outcome. We also need to continue to prioritize making the court process more efficient, accessible and understandable for people in need. Where an alternative forum is appropri- ate or required (e.g. administrative hear- ings, arbitration), we need to be equally mindful of these procedural concerns, which too often is not the case today.

The Role of Legal Assistance While the above steps are essential, there is no substitute for the help of a good lawyer when someone is facing a more significant or complex legal issue. There are often dire consequences when people do not have necessary legal help, for their own cases and for the overall justice system. Studies consistently show that in contested matters in court, people have a much greater likelihood of success when they are represented by a lawyer compared to when they are self-represented. A recent California study confirms that legal repre- sentation for low-income people also has significant benefits on the procedural jus- tice side. Litigants in this comprehensive and multi-year study not only got better substantive results when represented by a lawyer, they were more likely to reach lasting settlements more quickly, to be satisfied with the process, and believe they were treated fairly. I explored the key roles lawyers play on both the substantive and procedural sides in more detail in my recent “Fool for a Client” series on the CBF blog. There is much more we collectively need to do to make pro bono and legal aid services available to all who need them, and to make legal services more flexible, afford- able and accessible for everyone. We need to be clear in our messaging and advocacy that affordable access to legal assistance remains an essential element of access to

YOU CAN HELP MAKE ACCESS TO JUSTICE A REALITY! As you can consider your year-end giving, you can make a concrete impact advancing access to justice by making a gift to the CBF. You can give safely and easily online on the CBF website, chicagobarfoundation.org, or by mail- ing a check to the CBF at 321 S. Plymouth Court, Suite 3B, Chicago, IL 60604. A gift of appreciated stock—or, if you are over the age of 70 1/2, a gift from your IRA—can be an even better way to advance the cause while maximizing the tax benefit to you.To learnmore about these giving options, please contact Debra Magad at the CBF at 312/554-1209 or dmagad@ chicagobar.org. A Clear and Consistent Future Being clear and consistent in what we mean when we talk about access to jus- tice is the necessary first step in actually reaching our ultimate goal some day. We welcome feedback and suggestions on my proposed definition, and on how to broaden the conversation so that we can get all key stakeholders involved and on board with a common definition. justice even as we continue to make the other improvements described above.

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