A new report from the American Academy of Arts and Sciences highlights transformative solutions closing the civil justice gap, which leaves millions of Americans struggling without legal support. The report, Achieving Civil Justice, outlines innovative approaches already making a difference in communities across the country, from technology-driven solutions to grassroots initiatives inspired by the very communities they mean to benefit.
The report was developed through an interdisciplinary approach involving legal professionals, scholars and community leaders working directly with people experiencing the civil justice gap, and marks a capstone of the Academy’s Making Justice Accessible project. The project has been led by co-chairs John Levi, board chairman of the Legal Services Corporation; Martha Minow, 300th Anniversary Professor at Harvard University; and Kenneth C. Frazier, chairman of Health Assurance Initiatives at General Catalyst.
“The Making Justice Accessible project reflects the American Academy’s commitment to rigor, multidisciplinary perspectives, and America’s civic promise,” said Minow. “Throughout nearly a decade of work, the project shows innovative ideas and tireless efforts are opening access to justice for some of the most vulnerable Americans. We hope this report can help intensify these ripples of change into a wave of equal justice that our nation so urgently needs.”
“Advancing Civil Justice showcases the incredible work of judges, lawyers, scholars, advocates, and community leaders who are coming together to make good on our nation’s promise of equal justice,” said California Supreme Court Justice Goodwin Liu, who serves as chair of the American Academy of Arts and Sciences board. “By amplifying their innovation and public service, we can create a legal system that better serves every American and increases access to services for the people who need it most. The Academy is committed to the long-term effort of closing the civil justice gap, and we are proud to add this latest report to our growing body of scholarship.”
The civil justice gap refers to the disparity between the legal needs of Americans and their ability to access affordable, effective legal assistance – especially relevant to problems rooted in family, health care, housing, and veterans affairs. A major barrier to civil justice is the widespread lack of understanding that many personal and social problems have a legal side, and thus a potential legal solution. But for many, legal options are out of reach as they require paying for legal services that can quickly become expensive. In some communities, when there are no lawyers serving these needs, people must fend for themselves. As a result, the civil justice gap disproportionately affects low-income and marginalized groups, and those living in rural counties and technology deserts.
The report finds that making good on the promise of civil justice requires intentional, proactive strategies, including:
- Listening to and learning from underserved communities. This has included adapting tribal communities’ models, such as coordinating with state agencies and national organizations to train local paraprofessionals to serve health and legal needs.
- Offering legal help where people already are. Offering legal assistance from doctor’s offices, public libraries, and mobile courts reaches people where they already seek help.
- Using technology to make it easier to gain access. Many courts and legal services offices have updated operations so that they can offer Americans access to justice via newer, streamlined technologies. Websites, artificial intelligence-enabled chatbots, electronic filing, and integrated case management systems all offer promising solutions that can be brought to scale.
- Training more people to support Americans with legal needs. Where licensed lawyers are not available, many organizations and jurisdictions are developing new ways to train professionals who can support or even represent Americans with pressing needs.
- Building partnerships with philanthropies and businesses. Collaborations can provide funding that makes much more work possible.
For legal leaders, communities, non-profits and individuals who want to help widen access to justice, Achieving Civil Justice identifies four tactics anyone can apply to their work in civil justice:
- Organize civil justice efforts around the people seeking civil legal help – the self-represented litigants – rather than lawyers, legal systems, or courts.
- Coordinate, connect, and participate with local, state and national groups.
- Embrace an evidence-based approach.
- Adjust tactics and strategy as the project’s needs evolve.
“Every day in our neighborhoods, lawyers, new legal service providers, court staff, community-based helpers, and volunteers work to make the burden of moving through our legal system easier,” said Brittany Kauffman, Chief Executive Officer of the Institute for the Advancement of the American Legal System, a national, independent research organization that innovates and advances solutions that make our civil justice system more just. “From a national perspective, this local impact might seem like a drop in the ocean, but for someone getting the help they need – their life changes for the better. Too often, these stories are missed or forgotten. The Academy’s new report celebrates those contributions, and weaves together a story of collective action. Every life that is changed because they received the help they needed matters, and this report helps put it all in perspective – we ARE achieving justice, and now is the time to go all in.”
This report is a culmination of the Academy’s work to understand, measure, and advocate for innovative solutions to the civil justice gap. Advancing Civil Justice was developed through research, data analysis, and convenings involving a wide range of participants in the Academy’s Making Justice Accessible project. The two preceding Academy reports that provide recommendations and guidance for professionals and institutions pursuing access to justice initiatives are the Civil Justice for All (2020) report, which surveyed innovate methods for providing legal services and called for a national initiative to coordinate civil justice efforts, and Measuring Civil Justice for All (2019), which elevated data collection and sharing between agencies and legal entities as a priority.