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Jamila Michener (Cornell Political Science) asks how we might rethink access to justice as a political movement, not a legal one. She focuses on the “Civil Gideon” movement as a case study in how breaking the lawyers’ monopoly will require a political movement that sees access-to-legal service as part of a larger system of change. Michener’s contribution both further illuminates the right-to-counsel movement – including its weaknesses and (Michener argues) limited impact – and recontextualizes it, describing an essential role for counsel within broader organizing efforts.
For decades, American lawyers have enjoyed a monopoly over legal services, built upon strict unauthorized practice of law rules and prohibitions on nonlawyer ownership of law firms. Now, though, this monopoly is under threat-challenged by the one-two punch of new AI-driven technologies and a staggering access-to-justice crisis, which sees most Americans priced out of the market for legal services. At this pivotal moment, this volume brings together leading legal scholars and practitioners to propose new conceptual frameworks for reform, drawing lessons from other professions, industries, and places, both within the United States and across the world. With critical insights and thoughtful assessments, Rethinking the Lawyers' Monopoly seeks to help shape and steer the coming revolution in the legal services marketplace. This title is also available as open access on Cambridge Core.
Rural attorneys are sometimes generalists, but often specialize in a few areas of law. Almost all of the attorneys do criminal legal work, either part-time prosecution, part-time criminal defense, and sometimes both. Lawyers also maintain significant private practices doing transactional and litigation work. This chapter surveys the areas of law practiced and also considers the conflicts that arise for rural lawyers.
Faith in technology as a way to narrow the civil justice gap has steadily grown alongside an expanding menu of websites offering legal guides, document assembly tools, and case management systems. Yet little is known about the supply and demand of legal help on the internet. This chapter mounts a first-of-its-kind effort to fill that gap by measuring website traffic across the mix of commercial, court-linked, and public interest websites that vie for eyeballs online. Commercial sites, it turns out, dominate over the more limited ecosystem of court-linked and public interest online resources, and yet commercial sites often engage in questionable practices, including the baiting of users with incomplete information and then charging for more. Search engine algorithms likely bolster that dominance. Policy implications abound for a new generation of A2J technologies focused on making people’s legal journeys less burdensome and more effective. What role should search engines play to promote access to quality legal information? Could they, or should they, privilege trustworthy sources? Might there be scope for public-private partnerships, or even a regulatory role, to ensure that online searches return trustworthy and actionable legal information?
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