Tag Archives: Judicature

Supreme Court nominee says cost of access to justice broke, needs fixing

Judge Neil Gorsuch, said last year

In the American civil justice system many important legal rights go unvindicated, serious losses remain uncompensated, and those called on to defend their conduct are often forced to spend altogether too much.

“Legal services in the United States are so expensive,” he says, “that the United States ranks near the bottom of developed nations when it comes to access to counsel in civil cases.” 100 Judicature 46 (Autumn 2016).

Judge Gorsuch says we need to fix this. We need to change.

Looking beyond the possibility of increased public financing, which in 2016 he thought might be challenging, he suggested three ways to fix things:

  1. Permit delivery of more legal services by persons not licensed as lawyers, to include stock ownership of law firms and other alternative business structures.
  2. Change the rules of civil procedure to require early trials and mandate automatic disclosure of evidence.
  3. Shorten law school training and liken it more to trade schooling.

A change, the Judge says, would do you good.