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.
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.
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.
