Addressing Big Impediments to Delivering Civil Justice
Dec 1, 2023
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Former chief justice Bridget Mary McCormack discusses the problems in America's civil justice system. Topics include the lawyer monopoly, market failures, AI technology, state level judges and constitutions, the Michigan Innocence Clinic, innocent pleas, and diversity in the legal profession.
The civil justice system is experiencing a market failure, as individuals are left struggling to navigate it without the help of lawyers, leading to frustration and giving up.
To address the challenges in the civil justice system, reforms involving regulatory changes allowing non-lawyers to provide legal help, litigation efforts, and the use of generative AI technology are being considered to democratize legal information and ensure access to justice for all.
Deep dives
The Challenges of Navigating the Legal System Without Lawyers
The legal system has always been complicated, but the problem now is that many people have to navigate it without the help of lawyers. In the past, everyone who encountered the legal system had a lawyer, but that is not the case anymore. As a result, individuals are left struggling to navigate the system on their own, often leading to frustration or giving up. This is particularly alarming in the civil justice system, where a massive market failure is occurring.
Reforms and Solutions to Improve the Civil Justice System
To address the market failure in the civil justice system, various reforms are being considered. Some states, such as Arizona, Utah, Alaska, and Oregon, have implemented regulatory reforms allowing non-lawyers to provide legal help to people who cannot afford lawyers. Additionally, litigation efforts have been made to challenge the restrictions on non-lawyers assisting those with civil justice problems. Another potential game changer is the emergence of generative AI technology, which is expected to revolutionize the business and practice of law, as well as democratize legal information.
The Need for Public Confidence in the Rule of Law
The challenges in the civil justice system, especially regarding debt collection and evictions, erode public confidence in the rule of law. Many individuals facing these issues cannot afford legal representation, resulting in high levels of default and limited understanding of their rights. This lack of access to justice undermines the notion of a fair and equitable legal system. The legal profession has shown resistance to reforms that may threaten their monopoly on legal services. However, change is necessary to ensure access to justice for all.
America's civil justice system has a variety of problems that must be addressed. Bridget Mary McCormack, a former chief justice on the Michigan Supreme Court and the current head of the American Arbitration Association, has a few ideas.