Civil Legal Services

Cartoon depicting "Blob" moving a stage curtain with a picture of a confident judge and seeing the actual judge behind the curtain looking concerned.

Why ‘Active Judging’ Isn’t Working (Yet) 

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One approach to supporting pro se litigants in civil court (a whopping 76 percent of cases!) is to embrace “active judging”—the practice of judges relaxing formal procedures and explaining legal processes. Only problem is that judges, while open to the idea in theory, seem to have trouble relinquishing control of the complexity built into the current adversarial system. Maybe the onus should fall not on individual judges to enact change but on structural reforms spread throughout the various steps of litigation.

Cartoon depicting ants triaging wounded ants while a judge dictates how medical cases will be prioritized

“Lawyers for Everyone!”: What Could Go Wrong?

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Applying Gideon—the criminal right to counsel—to civil cases seems like a logical step in attaining better access to justice for everyone. So why are three heavy hitters in the access to justice space speaking out against the push for civil Gideon? The reason has to do with expansion and dilution of a limited resource.

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.

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