Civil Legal Services

Unaccompanied Immigrant Minors–Poster Children for the Access to Justice Gap

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Recent immigration proceedings have exposed the particularly vulnerable position that unaccompanied immigrant children face in court. Heavily dependent on federally funded legal aid, their access to legal representation is challenging at best, doomed at worst. This week, we bring you a “Student Voices” blog that examines the current immigration court environment–hostile to reliance on federal support–and looks at alternative paths for funding and legal right to counsel going forward.

Cartoon depicting Blob accessing AI legal help from various publicly accessible locations--library, municipal court self-help center, community centers, and 'AI terminals'.

Distribution, Not Just Design: Rethinking Access to AI Legal Help

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To make AI legal help truly accessible requires less focus on the AI tools themselves and more focus on the distribution channels where people will use them. Libraries, court self-help centers, community institutions, and kiosks all bring accessibility-related challenges from privacy, workflow support, and overreliance. This “Student Voices” post argues for AI literacy support, as well as improved policy standards and more funding, to help those who need legal AI help the most.

Cartoon depicting a Reclamo robot protecting a worker from a robber stealing worker wages

AI: Defender of Wage Theft Victims (and Access to Justice)

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Can AI be the superhero in wage recovery efforts? This “Student Voices” post illustrates the widespread wage theft problem in the U.S. juxtaposed with equally widespread indifference on the part of law enforcement, federal government, and other stakeholders.
The gap leaves room for technology and AI tools to be part of the triage picture.

Cartoon depicting a drunk attorney representing a client, with the judge shrugging it off

Drunk, Asleep, or Silent: Ineffective Assistance of Counsel in Capital Cases

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Ineffective assistance of counsel counts among its more egregious causes lack of preparation, sleeping through trial, and drunkenness. So, what is the legal standard for this incompetence? This “Student Voices” bonus blog examines the Supreme Court’s Strickland and Cronic decisions, their application in capital cases, and potential reforms to provide a more just process for defendants.

Cartoon depicting a lawyer helping a tenant navigate an eviction hearing

When Lawyers Matter Most: Lessons from Legal Assistance During Evictions

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The premise of right-to-counsel programs is straightforward: if tenants are at risk of losing their homes, and landlords usually have lawyers, then tenants should have lawyers too. But do lawyers actually prevent evictions? And if they do, is it because they win legal arguments in court, or because they help tenants navigate the broader system surrounding eviction? Researchers conducted a randomized controlled trial to learn more.

Cartoon depicting AI as a robot not allowed to sit at the lunch table with the lawyers, J.D. candidates, and bar associations.

How Can General-Purpose AI Withstand UPL Scrutiny?

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In the first of a two-part series on AI and the Unauthorized Practice of Law (UPL), HLS J.D. candidate Elizabeth Guo explores current UPL rules, the challenging definition of “practice of law”, and the reasons why general-purpose AI tools will not likely be tested by UPL rules when it comes to providing legal information.

Cartoon depicting the bar as autos being allowed through an intersection in which a truck labeled as an auto club must stop.

Collision Course: How the Bar Drove Auto Clubs Out of Court

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A Depression-era legal battle between the bar association and auto clubs like AAA pitted the financial interests of lawyers against those of consumers. When the bar won, it not only set forth a future of legal reform controlled by courts rather than lawmakers, it also laid the groundwork for a hundred years of access-to-justice issues that continue to plague the legal profession.

Cartoon depicting Upsolve in jail without a way to communicate while New York courts stand tall with a megaphone in hand

Inside Upsolve’s Legal Fight for Justice Advocacy

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Upsolve is a New York nonprofit attempting to create a program in which non-lawyers give limited legal advice to low- income people in debt collection litigation. The organization would be a boon in helping the roughly 80 percent of defendants failing to appear in debt collection court. The only thing standing in its way? New York’s Unauthorized Practice of Law (UPL) statute. HLS student Ashil Jhaveri charts a legal argument based on UPL’s unconstitutionality that could hopefully move the organization forward.

Cartoon depicting an individual listening to music but bound to a ball and chain marked by a contract

Do Consumers Fare Better in Court or Mandated Arbitration? 

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Conflicting research exists to address whether consumers who “agree” to mandatory arbitration clauses have worse outcomes compared to consumers who are free to litigate in courts. Courts typically assume that by entering a contract mandating arbitration, each party freely bargained for that clause. While there are concerns about how knowingly consumers agree to arbitration clauses, HLS J.D. candidate Rachel Barkin writes about consumer outcomes, based on the dispute resolution process, and potential areas for future research.

Cartoon depicting an outdated mandate requiring a typewriter in order to file for divorce

Unveiling the Complexity: Divorce and Access to Justice

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Marriage in the U.S. typically requires a marriage license, payment of a nominal fee, and often a short waiting period from the license signing to marriage. Divorce, on the other hand, typically involves lawyers; courthouse visits; comparatively higher fees; and, in some cases, antiquated roadblocks just to implement this federal constitutional right. The result is that divorce can be an access-to-justice issue for low-income individuals who are faced with trying to pay for a lawyer they cannot afford or navigate unnecessarily complex divorce filing procedures on their own.  

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