The Future of Everything The future of legal representation
Apr 4, 2025
Nora Freeman Engstrom, a law professor at Stanford specializing in legal ethics and access to justice, delves into the critical issue of inadequate legal representation. Three-quarters of litigants are unrepresented in significant civil cases, and many face daunting challenges, such as eviction. Engstrom discusses potential solutions like non-lawyer representation and AI in legal services, urging systemic reforms to bridge the gap in legal accessibility. She also highlights the historical evolution of legal aid and the need for innovative approaches to support the unrepresented.
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No Right to Counsel in Civil Cases
- In civil cases, unlike criminal cases, there's no guaranteed right to a lawyer.
- This creates a significant disadvantage for individuals facing institutional actors.
Misconception of Civil Courts
- The common portrayal of civil cases involving two lawyers is inaccurate.
- In reality, about 75% of cases have at least one side lacking legal representation.
Limitations of Judicial Help
- Judges have limited power to intervene and assist unrepresented individuals due to the adversarial system.
- This system assumes equal representation, which often isn't the case, leading to unfair outcomes.