Access To Justice

There is an old cliché that originated in the 19th century that says “A man who represents himself has a fool for a client”. It is generally true that representing yourself in a court proceeding is not a good idea for a variety of reasons which I won’t go into here.

But what do you do if you can’t find or afford a lawyer? In Wyoming, people resorted to representing themselves in huge numbers, and the result is a new effort to expand legal aid statewide.

According to a report from the Associated Press last week, advocates and lawyers in Wyoming are working to create a statewide system to help people who cannot afford lawyers get legal assistance with civil matters.

The call for the statewide system follows a 10 year rise in the number of civil cases in which people were representing themselves according to a judge quoted in the piece. This self-representation causes two significant problems. First, people who don’t understand the legal system often become disenchanted when something happens that they don’t understand. Secondly, people representing themselves needlessly delay proceedings because they don’t provide the court with the right information.

Wyoming is now taking steps to further organize some local legal aid groups, and expand the service statewide. There was no indication as to where the funding would come from.

I spend a good deal of my time talking about the importance of providing access to the legal system. I know full well, from my earliest days as a legal aid lawyer, that cost is the biggest barrier. People simply can’t afford, or they think they can’t afford, an attorney.

To paraphrase one of the Wyoming activists, victims need an attorney who can help them take advantage of the legal protections that have been enacted by lawmakers.

“To me, the worst thing you can do to somebody is say ‘I’m going to help you,’ and then hand them something that deep inside your heart you know is not going to help them. Meaningful access to justice requires more than just a warm body and some forms or a packet.”

I couldn’t agree more. Now let’s see if they can find enough funding to sustain it.