Free PDF , by Benjamin H. Barton

Free PDF , by Benjamin H. Barton

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, by Benjamin H. Barton

Free PDF , by Benjamin H. Barton

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Product details

File Size: 1547 KB

Print Length: 242 pages

Page Numbers Source ISBN: 159403933X

Publisher: Encounter Books (August 1, 2017)

Publication Date: July 25, 2017

Sold by: Amazon Digital Services LLC

Language: English

ASIN: B06Y37SZW6

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There is broad consensus in the judicial system that a vast number of us cannot afford even basic legal services despite there being a superabundance of lawyers. Further, many people who can afford lawyers choose not to hire them because they cannot identify a return on investment. The result is that courts are seeing dramatically increasing numbers of parties unrepresented by lawyers.What professors Barton and Bibas have expertly accomplished is distilling into one very readable book the many factors that contribute to a largely inaccessible justice system. Whereas many “access to justice” efforts in the past three decades have focused on identifying means of providing more lawyers to more people, the authors persuasively argue that “lawyering up” has not been an effective strategy. Instead, they propose simplifying processes that may not require lawyers, such as having special dockets for unrepresented parties in low value claims, having judges become more active in eliciting important facts from parties, ensuring that simple forms are available, and piloting the use of technology to help people resolve typical disputes through online dispute resolution, to name just a few. The suggestions for reforming America’s archaic and inexplicably expensive system of legal education are particularly insightful.Having served on innumerable “access” committees over three decades where addressing the root of the problem is largely avoided, this candid assessment of legal representation, together with its array of potential solutions, is both timely and welcomed.

This book tells what particular situations it may be wise to use a lawyer and in what particular situations, it may be wise to try to avoid using a lawyer if possible. In cases involving a lot of legal technicalities and a lot of legal procedures, it may be wise to use a lawyer in those instances. Pro-se means without a lawyer. In New York City evictions, 88% of tenants are unrepresented by a lawyer and 98% of landlords are represented by lawyers. In California, 80% of family law cases involve at least one party proceding per se. The costs of preliminary hearings are usually between $2,000 and $10,000. A jury trial can run into six figures. In the 21st Century, England has deregulated the market for legal services making it more deregulated than the United States. Bills from lawyers can add up fast. The biggest expense in modern litigation is not time spent in court. It is time spent on the discovery process. It is harder and more expensive for a person to become a lawyer in the United States than in many other countries. Between the years 1985 and 2011, roughly one in three law school graduates in the United States could not find work as a lawyer, and there are many as 600,000 JD holders who are not working as a lawyer. Roughly a quarter of the lawyers are not in private practice. In the 1700s and in the 1800s, a citizen could represent himself. Even then many judges were not lawyers.

Very good

America has more lawyers/capita than any other nation. Yet, even a small firm's legal help costs $190/hour (average) or more. Bar authorities keep non-lawyers such as paralegals from offering more affordable service, yet rarely prevent incompetent or dishonest lawyers from harming their clients, or punish them for doing so. Bar associations and legal scholars propose more law, lawyers, and procedures. Law schools could offer shorter, cheaper ways to qualify as a lawyer - many say the third year of law school is largely superfluous.Barton instead proposed simplifying our legal system where the stakes are lower and the issues simpler (eg. non-felony criminal cases). For many simple civil and even minor criminal cases, technology (interactive websites - eg. eBay has online dispute resolution, fillable forms, hotlines, chat rooms, message boards) could do the work. Licensing rules could let trained social workers and accountants handle routine, specialized work. Another suggestion - have court officials actively investigate the facts and probe the evidence. In short, the legal system needs to go on a diet. Simplification is also more democratic - empowering citizenry rather than professionals.Barton then provides examples of poor defense provided those accused (underfunding = underlying cause, along with a failure to weed out those failing their clients), and tells us that legal aid funding has been in steady decline since the 1990s - down 63% from its 1980s high pointAppointed criminal defense lawyers are often wildly overburdened, lack support (eg. private investigator), and plead their clients guilty as quickly as possible. The situation in our civil courts may be worse. Mothers seeking child support, tenants fighting eviction, laid-off workers claiming unemployment or disability benefits usually cannot afford lawyers. A 2010 ABA survey of state court judges, 94% stated that unrepresented parties fail to present necessary evidence, 89% said they suffer from procedural errors 85% said they failed to effectively examine witnesses, and 81% said they are unable to object to improper evidence offered by an opponent. In Mane, 75% of family matters involve at least one pro se party, 88% of tenants are unrepresented in eviction actions, and 80% of litigants in protective order cases are pro se. In MNC evictions, 88% of tenants are unrepresented and 98% of landlords are, while in D.C. the numbers are 98% and 93%.In the 1970s, unrepresented parties were rare - in less than 10 - 20% of cases. In 2014, the World Justice Project ranked 99 nations on access to civil and criminal justice. The U.S. finished 27th in civil and 22nd in criminal.

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