Civil Legal Services

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.  

graphic of hands with symbols of necessities

Mother Up Study Links Child Neglect, Poverty, and Guaranteed Income

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The Access to Justice Lab published a newly released study of Washington, D.C. mothers involved in Child Protective Services demonstrating that government-funded child welfare programs are effective in reducing child neglect cases by prioritizing economic support to overcome conditions caused by poverty.

Cartoon depicting website navigation as searching for a needle in a haystack

Government Websites: Why are They so Bad (and Can They be Better)?

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Government websites, when effective, can make the process of filing for bankruptcy, divorce, restraining orders and other common legal requests easier. Unfortunately, the quality of these websites varies significantly with many state and federal sites’ lack of accessibility reflecting limited access to justice for their users. Fixing these websites is a relatively easy and inexpensive method to expand accessibility to court systems and services, provided the willpower is there. 

Cartoon depicting pro se litigants struggling to understand the law

Do Pro Se Litigants Struggle to Interpret the Law?

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Do pro se litigants struggle to interpret rules of civil procedure? Or could noncompliance be explained by other access to justice (A2J) barriers? Advocates for pro se litigants often focus on translating the law into plain language. But these efforts fall short of addressing deployability, an individual’s ability to leverage their knowledge of the law in court. Recent research suggests many A2J barriers fall into the latter category.

Cartoon depicting a lawyer shown as a wolf evicting the Statue of Liberty and replacing her with Uncle Sam

Who Deserves a Lawyer? The Hidden Gender Bias in the Right to Counsel

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The landmark court decision in Gideon v. Wainwright from 1963 made it a constitutional right, both in federal and state courts, for criminal defendants to have the right to counsel. That decision does not extend to civil cases– such as child custody, eviction, and domestic violences cases–which affect women, often from marginalized backgrounds, more than than men. HLS student Laura Aquino argues for a study to address the gender bias in denying legal assistance to civil litigants that may play a role in preserving a system that limits access to justice for women.

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