This blueprint is designed to provide online technical assistance, resources and encouragement to lawyers and legal educators who are interested in teaching law school courses on Access to Justice. We examine:

The value of teaching Access to Justice

The ABA Standing Committee on the Delivery of Legal Services believes that people of low and moderate incomes will have better access to justice for personal civil legal matters when lawyers are more knowledgeable about the policies, methods and barriers involved in delivering legal services to those clients.

Eighty percent of low income people and the majority of moderate income people have unmet legal needs. Lawyers are asked to respond to this crisis by providing pro bono legal services and contributing to programs that provide legal aid. However, a better understanding of issues involved in accessing justice will provide a wider opportunity for lawyers to address unmet legal needs. Law school courses on Access to Justice set the stage for a broad-based understanding of these issues. While some students who take these classes will become practitioners answering a call to serve low and moderate income clients, many others will be positioned to become leaders in legal movements to secure funding for legal aid, address policies for broader avenues of delivery and serve as architects for systems that enhance access. Those who are willing to design and teach courses on Access to Justice will exponentially expand the impact they individually can have on improvements for access.

The varied orientations to Access to Justice courses

Courses on Access to Justice and the delivery of civil legal services to those of moderate and low income are uncommon within the law school curriculum. They tend to be seminar courses included in the school’s offerings as a result of the grassroots efforts of those who teach them. Unlike more traditional law school courses, they lack a template for their design. As a result, faculty members who teach these courses have great latitude in their content and approach. The courses take a seminar approach, but have different opportunities for student involvement. Some courses are taught by tenured faculty, but more often by adjuncts and those in clinical settings. Unlike courses on poverty law, those on access to justice are focused on process. They tend to define the problem of limited access and examine policies and techniques to address solutions.

Access to Justice Courses

Course Title: Access to the Civil Justice System and Delivering Civil Legal Services to the Poor: Policies, Practices and Current Challenges

School: New York University School of Law

Instructor: Helaine M. Barnett

Course Description: This seminar will focus on the concept of “equal justice for all,” specifically the issue of providing civil legal assistance to low-income Americans who cannot afford a private attorney. The central emphasis will be the “justice gap,” the gap between the resources available to poor Americans in need of civil legal services and the overwhelming demand. The history of the development of civil legal services in the United States and the numerous, long-standing policy questions associated with civil legal assistance are worthy of study, especially for students interested in pursuing a public interest legal career and others interested in the concept of equal access to justice. The seminar will provide an overview of the history and origins of the idea of equal justice and civil legal assistance, culminating in the formation of the Legal Services Corporation (LSC), the private, non-profit corporation created and funded by Congress to award federal funding to civil legal aid programs across the United States. The role of key players such as Interest on Lawyers’ Trust Account programs, private attorneys, the organized bar, the judiciary, law schools and state access to justice commissions will be discussed. We will also discuss sources and theories of opposition to the concept and scope of services provided by federally-funded civil legal assistance. The seminar will address the impact of the “justice gap” on the American legal system, what it means to the legal profession and to the court system that so many needy individuals and families cannot obtain counsel in civil matters and cannot be served by funded programs, the continuing efforts to close the gap, and explore potential solutions and new strategies to help more low income Americans who face proceedings where their fundamental rights are at stake without the assistance of an attorney.

Last Taught: Fall 2011

Syllabus: Posted here

Course Title: Access to Justice
School: University of Windsor, Faculty of Law
Instructor: Reem Bahdi, W.A. Bogart, Jasminka Kalajdzic, Gemma Smyth and others
Course Description/Objective: What does the ideal of ‘access to justice’ mean? What are the implications of a commitment to that ideal regarding law and social policy in twenty-first century Canada? These are the questions that animate access to justice both in terms of this course and as an institutional theme of the Faculty of Law, University of Windsor. This mandatory first (and entire) year course taught by a University Professor and tenured faculty explores various issues confronting Canada using the ideal of access to justice as the principal reference point. It explores the relationship between the ideal of access to justice and other ideals of central importance in law, particularly the rule of law and equality. It critically analyzes the substance and process of law in the courts, legislatures, and the modern administrative state. The course questions the extent to which the legal profession has both promoted and hindered access to justice in various legal contexts. The ultimate objective is to provide a foundation for understanding and applying the ideal of access to justice in contemporary society.
Last Taught: Winter 2010
Syllabus: Posted Here

Course Title: Access to Justice: Immigration
School: Charlotte School of Law
Instructor: Sean Lew
Course Description: Recent reports have revealed the difficulties that many individuals have with finding legal representation. The NC Equal Access to Justice Commission confirmed that 80% of all low income individuals cannot afford a lawyer, or find a pro bono attorney. Indigent immigrants seeking legal assistance face these same hardships, often with the added challenges of language and cultural barriers. This course focusing on pro bono immigration law practice is offered to ensure that all student course participants are well-prepared and cognizant of access to justice issues affecting immigrant communities when reporting to any area pro bono legal clinic or pro bono immigration service project. This course will formally train course participants to present and prepare USCIS paperwork with varied immigration topics currently sought in the local community while examining factors influencing self-representation & what barriers self-represented (pro se) immigrants face when navigating the immigration system. It will also include perspectives from area pro bono attorneys and practitioners about the current state of immigrant legal representation in our community. Substantive and procedural legal requirements for Naturalization, Permanent Residency and other legal statuses will be discussed with other legal terminology of basic immigration law terms most used in local pro bono clinics and at Immigration Court proceedings. The Pro Se and their challenges when facing removal (deportation) at the Charlotte Immigration Court will be examined. Grades will be based on class exercises, group presentations & reflection and substantive papers. There is no midterm or final. Prerequisite: Immigration Law (3 credits) encouraged but not required to take this 1 credit, 5 week course.
Last Taught: Fall 2011

Course Title: Access to Justice: Divorce and Custody
School: Charlotte School of Law
Instructor: Elisa Chinn-Gary
Course Description/Objective: Over 60% of litigants in the family court system in Mecklenburg County are pro se. The course focuses on the legal needs of the poor and marginalized in this county in the areas of divorce and custody. Through readings, speakers, and presentations, students will tackle the hard questions facing the legal profession. What is the impact on individual clients, on the justice system and on society when access to justice is denied to those who cannot afford a lawyer? Who is responsible for insuring access and how much access is required? What is the appropriate role, if any, of government, bar associations, individual lawyers and law schools in providing legal representation to those who cannot pay? The course will provide students with the information and training they need to make a difference in this area. With the nationally recognized Pro Se Self-Serve Center, the Mecklenburg County Judicial District is on the forefront of innovation in serving those with who are unable to afford a lawyer. CharlotteLaw has partnered with the Self-Serve Center to expand it pro se clinics on Absolute Divorce and Child Custody, Visitation and Support. Students who enroll in this course will be eligible to participate in these pro bono clinics, assisting needy individuals with general information on these topics and with the necessary forms. Grades will be based on simulations and exercises and a substantive paper. Participation in the pro bono clinics is encouraged but not required. Students who participate in the clinics will earn pro bono hours.
Last Taught: Spring 2011

Course Title: Access to Justice
School: University of New Mexico School of Law
Course Description/Objective: Students will explore the provision of civil legal services to the poor in the United States. What is the impact on individual clients, on the justice system, and on society when access to justice is denied to those who cannot afford a lawyer? What is the appropriate role of government, bar associations, individual lawyers, and law schools in providing legal services to those who cannot pay? The history of legal aid in the U.S. will be reviewed, followed by an examination of current legal services' delivery systems. Funding cuts and government-imposed restrictions placed on the work of legal aid lawyers will be discussed, along with new delivery methods that are emerging in response to the cuts and restrictions. Students will be invited to contemplate their own future role in the provision of legal services to under-represented clients. A major goal of the course is to take a critical view of the past and to encourage students to develop new and varied responses to the problem of access to the civil justice system. The grade will be based on class participation, an in-class presentation, and a research paper or project.
Syllabus: Posted Here

Course Title: Research Seminar on Access to Justice (Sociology 234/334)
School: Stanford University
Instructor: Rebecca L. Sandefur
Course Description/Objective: We investigate differences in when, how, and why people and other actors (e.g., organizations) interact with law and legal institutions. Along the way, we consider the functions and dysfunctions of modern legal systems. Topics include: cross-national differences in the rights of parties to disputes; the role of lawyers as gatekeepers and facilitators; the filtering process by which events such as injuries become the basis for legal claims; access to and use of courts. Readings range from case law to empirical studies.
Last Taught: Spring 2007
Syllabus: Posted Here

Course Title: Capstone Course – Access to Justice for the Middle Class
School: University of Toronto Faculty of Law
Instructor(s): Michael Trebilcock, Lorne Sossin and Judith McCormack
Course Description/Objective: It is widely accepted in Ontario today that, with some exceptions, only the very wealthy can afford access to non-criminal legal services. In his 2008 review of Ontario's legal aid system commissioned by the Ministry of the Attorney General, Professor Michael Trebilcock identified this acute lack of access to justice for the working poor and middle class in Ontario, particularly in the context of the civil justice system, as a growing and pressing social problem in this province. The Chief Justice of Canada and The Chief Justice of Ontario have both referred to the issue of Access to Justice for the Middle-Class as a "Crisis". This problem is evidenced most strikingly by the increasing phenomenon of unrepresented litigants in the civil justice system. Professor Trebilcock strongly recommended that both Legal Aid Ontario and the Government of Ontario accord a high priority to rendering the legal aid system more responsive to the needs of middle-class citizens of Ontario. To date, the government has not acted on this recommendation.

Students who take this course will undertake research aimed at answering the following kinds of questions:

  • What are the most severe unmet civil legal needs in Ontario?
  • What public and private solutions and delivery models designed to increase access to justice for the middle class currently exist in this province?
  • What are the drawbacks and limitations of these existing instruments?
  • What are some new and innovative alternatives to current delivery models and would other models currently in place in other jurisdictions in Canada and internationally be successful in Ontario?
  • What if any aspects of the justice system require systemic reform in order to truly increase access to justice for the middle class in this province?

Last Taught: Spring 2010

Course Title: Access to Justice Seminar (LAW E507)
School: University of Washington Law School
Instructor: Prof. Debbie Maranville
Course Description/Objective: Explores the legal, ethical and financial issues involved in providing legal services to low and moderate-income persons. Uses a combination of lectures and interactive discussions.

Objectives are to:

  • Identify barriers to justice and current initiatives to reduce or remove those barriers,
  • Examine gaps between principle and practice in social justice,
  • Critically reflect on personal passion for and commitment to social justice,
  • Examine and foster personal and professional values that support social justice, and
  • Inspire students to work in social justice or engage in meaningful pro bono after graduation.

Last taught: Autumn 2011
Syllabus: Posted Here

Course Title: The Legal Profession: Delivery of Legal Services
School: Harvard Law School
Instructor: Jeanne Charn – Prof. Charn is Director of the Sacks Bellow Project and Lecturer on Law
Course Description/Objectives: High quality legal service in civil matters is beyond the financial reach of most people. This course addresses the policy and professional responsibility implications of expanding access to the civil justice system in the US. We will compare the US system to the much larger programs in peer nations. The course will emphasize the professional and institutional problems of allocating scarce resources among needy claimants and the difficulty in assuring quality and a strong consumer orientation in a subsidized delivery system. We will explore the possible contours of a more comprehensive delivery system, which might include on-line legal advice and other technological innovations; simplification of rules and procedures; expanded roles for paralegals; expanded roles for the private bar; vouchers and low fee/"low-bono" service; and pre-paid or legal insurance systems. We will meet weekly for two hours and we will have an additional two hour meeting six weeks during the semester, for a total of three classroom credits. The additional meetings will offer an opportunity to explore on the ground innovations and projects and, later in the term, for presentation of student course projects. This course meets the professional responsibility requirement for the J.D. degree. There will be no examination but students will, in consultation with the course instructor, develop, carry out and write up a project or research paper that relates to making legal services available. Students may work on course projects individually, or in pairs or groups. Where appropriate and with permission of the instructor, completion of student projects may extend beyond the semester. Students may satisfy all or part of the J.D. written work requirement in connection with the course.
Last taught: Fall, 2011
Syllabus: Posted Here

Course Title: Access to Justice
School: S.J. Quinney College of Law, University of Utah
Instructor: Linda F. Smith – Prof. Smith is Clinical Program Director
Course Description/Objectives: Considers the availability of lawyers, societal support for free legal services and alternatives for helping unrepresented individuals. Examines the demographics and financial circumstances of low-income families and surveys their typical legal problems. The course includes a strong outreach component as students either develop papers to assist organizations serving the needy, or develop course materials about problems facing low and moderate-income persons and teach from these materials at community sites.
Last taught: Fall, 2006
Syllabus: Posted Here

Course Title: Justice and Technology Practicum
School: Chicago-Kent College of Law
Instructor: Ron W. Staudt
Course Description: Students will explore access to justice issues, including the use of technology in law practice and legal services, alternative legal services delivery models, e-lawyering, unbundling and pro se litigant assistance. Class meets for one (1) hour each week to discuss assigned readings on these topics. Additionally, for twelve (12) hours a week students work on client service and drafting projects with the Center for Access to Justice & Technology (CAJT), whose mission is to provide low-income individuals with greater access to the legal system through the use of internet technology. The practicum provides students with experience in assisting self-represented litigants and providing legal information to low-income individuals. Students will also draft automated court forms and instructions for pro se litigants and the public. A variety of legal topics are available for student projects, including landlord/tenant, domestic relations and consumer rights. These drafting projects include the following activities: researching, drafting, and editing Web-based legal education materials and legal forms with instructions for the public, and developing plain language user interfaces for Web based document assembly. Some audio/video production may be used in creating these materials. The practicum requires twelve (12) hours per week spent on practicum activities outside of class. No prior technical training is required beyond normal computer familiarity with word processing. Students may earn additional credit the following semester by arrangement. Four credit hours.
Last Taught: Fall 2011
Syllabus: Posted Here

Course Title: Access to Justice & Technology Seminar
School: Chicago-Kent College of Law
Instructor: Ronald W. Staudt – Prof. Staudt is a Professor of Law and Associate Vice President of Law, Business and Technology
Course Description/Objectives: Studies repeatedly demonstrate that 80% of the legal needs of the poor in the United States remain unmet, despite existing federal, state, and volunteer programs that provide some civil legal services to low income people. The seminar will explore the parallel problems of lack of access to legal services by low income people, on the one hand, and the flood of underrepresented litigants appearing before state and federal courts, on the other. Barriers to access to the justice system will be examined and various solutions explored with special emphasis on the potential of the Internet and related technologies to improve access to justice. The seminar will be both experiential and experimental. Students will visit courts and legal services offices to observe our current justice system in action. Students will also be encouraged to write papers that explore innovative approaches to increasing access to justice.
Last taught: Spring, 2007
Syllabus: Posted Here

Course Title: Online Access to Justice
School: The John Marshall Law School, Chicago
Instructor: William Hornsby – Mr. Hornsby is an adjunct faculty member and Staff Counsel in the ABA Division for Legal Services
Course Description/Objectives:Examines the sources, resources and methods that use technology to provide legal information, advice and services to meet the needs of individuals, particularly those of low and middle-incomes. Issues include 1. the digital divide and the risk of two tiers of justice, 2. the role of the courts in providing legal services, 3. the impact of technology on the economics of the practice of law, and 4. the implications of technology-based dispute resolution mechanisms outside of the courts. The class includes guest speakers from around the country, including those who conduct and support legal needs studies, provide grants for legal aid technologies, coordinate online court services and design technological dispute resolution mechanisms.
Last taught: Fall, 2005
Syllabus: Posted Here

Course Title: Unbundling Legal Services
School: Hamline School of Law
Instructor: Forrest S. Mosten – Mr. Mosten is an adjunct faculty member, author of Unbundled Legal Services, a practitioner and mediator
Course Description/Objectives: The objectives of this course are 1. to learn the basic concepts of legal access for unrepresented litigants and unbundled legal services, 2. to learn basic lawyering skills to competently advise clients about the advantages and disadvantages of unbundling and to represent/coach otherwise unrepresented clients, and 3. to provide insight into policy considerations of the pro se movement and unbundled legal services and the relationship of these societal movements to legal access and ethics issues.
Last taught: Summer 2005
Syllabus: Posted Here

Course Title: Lawyering in the Public Interest
School: University of Pennsylvania Law School
Instructor: Louis S. Rulli, Practice Professor of Law and Clinical Director
Course Description/Objectives: Explores major lawyering themes that confront public interest lawyers in diverse practice areas and settings. Integrates theory and academic analysis with practice themes emerging from students' public interest work experiences during law school. Examines the unique challenges posed by community lawyering; the efficacy of competing service delivery models; the impact of scarcity of resources and high volume practice upon the practitioner; the empowerment of the disadvantaged and powerless through law and education; litigation and non-litigation strategies; legal and non-legal restrictions on the work of public interest lawyers; professional responsibility issues; the role of the private practitioner in the delivery of legal services to the poor; and current themes and timely issues relating to access to justice and public interest practice.
Last taught: Fall, 2008
Syllabus: Posted Here

Course Title: Sociology of the Legal Profession
School: University of California Davis School of Law
Instructor: Lisa R. Pruitt, Professor of Law
Course Description/Objectives: Takes a comprehensive look at the organization, operation, and ideology of the legal profession. While the primary focus is on the U.S. legal profession, some time is spent on comparative analysis with the legal professions in other countries. Recent trends in the organization and operation of large corporate law firms, legal services offices, public interest practice, corporate legal departments, and legal clinics are analyzed in terms of their impact on how services are delivered, how lawyers get clients, and the working lives of lawyers. Issues related to the rise of commercialism of the profession are examined. Addresses issues of access to legal education and the profession, with particular attention given to the growing presence of minorities and women in the profession. The course encourages students to look seriously at media and other images of lawyers.
Last taught: Spring, 2007
Syllabus: Posted Here

Another course worth noting for its innovation, even though not exclusively focused on access to justice, was taught in Spring, 2007:

  • Self-Represented Litigation in Tennessee addresses issues under consideration by the Tennessee Supreme Court Task Force on the Study of Self-Represented Litigants. Issues include the extent of self-representation, the role of clerks, the role of the judiciary, limited scope of representation, self-help centers and the possibility of a Civil Gideon. Student projects involve simplified forms and instructions for domestic relations matters, a proposal for online assistance for self-represented litigants, guidelines for court clerks, and guidelines for lawyers providing limited scope representation. The course is taught at the University of Tennessee Law School by Prof. Carl Pierce, who also chairs the Tennessee Supreme Court’s Task Force.

Resources

Unlike traditional courses, there is no standard text or reading material for courses on Access to Justice. Instead, those teaching the courses assemble their own reading material, sometimes relying on books, but most often on reports and law review articles.

Books used for Access to Justice courses include:

Updated: 09/26/2011

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