Q. Every week, consumers and business owners call me with cases that aren’t large enough to justify my fees. I hate turning them away. But what’s the alternative?
This question reveals a significant shortcoming in a legal system which has grown beyond the reach of many who seek access to justice.
Once a problem which fell below the poverty line, the skyrocketing cost of legal services has squeezed out the middle class as well. As attorneys’ fees rival the value of their cases, many segments of society have been forced to fend for themselves, or simply give up.
Rather than expand the delivery of legal services to meet their needs, lawyers have criminalized those who could provide limited services at a much lower cost. Under the guise of protecting the public, we protect our turf through “ethical rules” which require the services of fully-licensed lawyers and deter anyone from disrupting our monopoly.
In an industry that fails to serve those who need it the most, perhaps we should rethink these antiquated restrictions and disrupt it even more. Instead of pretending that this problem may be solved with the pro bono service of lawyers lacking any economic incentive to do so, this article proposes a paradigm shift which would:
✓ License non-lawyers to deliver more affordable assistance in certain areas;
✓ Promote interdisciplinary solutions to client problems;
✓ Repeal economic restrictions disguised as “ethical” rules; and
✓ Open access through technology.
