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30 - Technology Can Solve Much of America's Access to Justice Problem, If We Let It

from PART III - FASHIONING A REFORM AGENDA

Published online by Cambridge University Press:  05 May 2016

Benjamin H. Barton
Affiliation:
University of Tennessee College of Law
Samuel Estreicher
Affiliation:
New York University School of Law
Joy Radice
Affiliation:
University of Tennessee School of Law
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Summary

Can the increasing number of online self-help resources created by private companies, the courts, and public agencies help fill the access to justice gap? Benjamin Barton argues that they can. Barton describes the availability of free online forms on state court websites, low-cost document assembly services, like LegalZoom, and legal advice resources. For routine legal problems, online legal solutions are especially promising.

This chapter argues that technology is likely to be the best bet for solving these problems. We are at the very beginning of the application of computer power to legal services and we have already seen much that will help increase access to justice: free or low-cost access to the law itself (statutes, regulations, and cases), free or low-cost legal forms, low-cost access to legal advice, etc. Moreover, as computer technology becomes even more sophisticated and we move into more advanced stages of computerization, we may see technology fundamentally reshape the market for legal services.

Two caveats. First, for potential clients who are illiterate or lack access to a computer with internet access, computerization is unlikely to be of much help. Access to the internet is continuing to grow, however. Approximately 70% of Americans have a broadband connection at home, including more than half of households with incomes below $30,000. Almost all public libraries provide free access to the internet and computers as well. Chicago-Kent Law School's A2J project is also beginning to make smartphone versions of their internet access to justice programs, and 61% of Americans own a smartphone. Despite the possibility of access, however, there are significant numbers of Americans incapable of self-help, regardless of technological advances. It is worth noting, however, that if technology can reach some of the low-hanging fruits of need, legal aid and pro bono efforts could focus more narrowly on the neediest Americans.

Second, technology will not reach all of American legal needs equally. There are at least four different types of legal work the poor and middle class need, and some is more likely to be provided inexpensively by computers than others. The easiest case is access to the raw materials of American law.

Type
Chapter
Information
Beyond Elite Law
Access to Civil Justice in America
, pp. 444 - 462
Publisher: Cambridge University Press
Print publication year: 2016

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