Since the Gideon case in 1963, every American citizen has had a right to government provided counsel in criminal cases. While the public defender programs across the country remain woefully underfunded, they nevertheless provide millions of Americans with the piece of mind that if they are ever charged with a crime, they won't have to depend on themselves to mount a successful defense and can have an actual attorney represent them. Unfortunately the same is not true in civil matters. In fact the opposite is true---if you are someone who cannot independently afford counsel---you are S.O.L. if you ever need to defend against a lawsuit, or if your rights have been violated and you would benefit from filing a lawsuit.
Join me after the jump for a discussion of why expanding legal service programs to provide civil representation to people who can't afford it would be a boon for the country---in a moral and economic sense.
This past summer I interned at Legal Services of Eastern Missouri (located in Saint Louis). Since my father is a consumer attorney, I decided I'd go right into the consumer unit where they defend indigent citizens from lawsuits on alleged unpaid debts, and help them keep their homes when the bank comes knocking. I learned first hand what a moral crisis this country is facing in terms of civil representation for the poor.
To anyone who thinks that there is no problem with the current state of affairs, I offer a challenge. Walk into any debtors court in America at about 9:00 local time and just sit in the back corner. Then keep the human toll in mind as the collection attorneys collect default judgment after default judgement simply because the debtors did not show up.
Now at this point you may be saying a couple of things: 1) You might be saying, so what, these people owe the money don't they? 2) Similarly you might be saying, why don't these people just show up.
As for point 1, the answer is a resounding "no". During my course of work at legal services last summer we never had one consumer who we couldn't either significantly reduce the amount they owe, or totally absolve them of any obligation altogether. Often times when asked to prove their case, the collection companies simply cannot do so b/c their business model is to collect default judgments, not to contest cases. They often have incomplete records and sometimes sue on as little as a excel sheet with a debtors name and amount owed on it that doesn't have the signature of the original debtee or the debtor.
On point 2, while there are any number of reasons why any particular person doesn't show up, the overarching answer is very simple. Would you show up to defend yourself in court if you couldn't afford a lawyer? I know I wouldn't (assuming of course I wasn't already a law student). And even if they did show up, I've never seen anyone effectively represent themselves in court---and I've seen a few try.
So how bad is it? As of 2002, 27 percent (PDF) of all of the nation's civil cases ended in a default judgment.
When you look at just cases for collection of debt it gets even more alarming.
According to debt-collection industry estimates, between 75 and 80 percent of debtors in these cases do not respond to their lawsuits, and 95 percent of these result in default judgments. The Federal Trade Commission, which oversees the debt-collection industry, puts the non-response rate closer to 95 percent.
I'm more inclined (based on my own limited experience) to agree with the FTC. So that being said, you should be anrgy! 95 percent of cases resulting in default judgment is more like a kangaroo court than a fair shake.
Fortunately, the solution to this crisis is relatively simple. It turns out we already have organizations nationwide that help out consumers in these circumstances--they are your local legal services offices. Making civil legal representation an entitlement much like criminal representation, could be achieved simply by expanding on the existing legal services framework.
And for those who say we can't afford it, I say hogwash. What we can't afford is the continued transfer of wealth from main street to wall street via the debt collection industry's rigged court system where they can fly in any lawyer they want and you can't afford any lawyer and have to rely on charity.
My Bottom Line from the Ohio Legal Services Website:
Every dollar spent on Legal Aid saves many that would otherwise be spent on additional social services and ongoing governmental support. Appropriate legal intervention can lead to self-sufficiency, reducing costs to our economy, judicial system, and communities.
It's time for a new generation of lawyers to go to work representing the people of this country, and not the "people"/corporations.