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Blogs | January, 15 2025

Closing the Civil Justice Gap

Did you know that millions of Americans face civil legal issues every year but don’t have the resources or funds to resolve them? It’s called the civil justice gap and the American Academy of Arts and Sciences highlights this troubling issue in their recent report: Achieving Civil Justice: A Framework for Collaboration. From housing disputes to domestic violence cases, countless people are left to navigate these issues on their own. Let’s break down what this gap looks like, why it is so harmful, and how we can work together to close it according to the American Academy of Arts and Sciences. 

What is the Civil Justice Gap?

Imagine this: You’re a single mother with two children who recently faced car trouble, preventing you from going to work. You spend most of your savings on car repairs to return to your job, only to realize that you are now behind on rent. Your landlord files for eviction, and you receive a notice filled with legal jargon that is rather difficult to understand. You don’t have the money to hire a lawyer, and every legal aid office you’ve called is overwhelmed and cannot take your case. You know you need legal help, but it feels out of reach. That is the reality for many people facing civil justice problems, like:

  • Evictions and housing disputes;
  • Debt collection;
  • Domestic violence, divorce, and custody battles;
  • Employment issues or trouble accessing benefits.

These problems often hit the hardest in vulnerable communities. Vulnerable communities consist of groups of people who are more likely to face disadvantages and discrimination. They can be caused due to economic factors such as low income or physical factors such as a disability. For them, the lack of access to legal support can turn an already difficult situation into a nightmare. “Millions of Americans live each year with civil justice problems that have serious consequences for their families, housing, health, and livelihoods,” the report notes. Vulnerable populations are disproportionately affected, creating a cycle of disadvantage that becomes harder to break.

New and Creative Solutions are the Key to Change

The good news is that the Academy’s report highlights innovative ideas to make justice more accessible. 

  1. Bringing Legal Help to the Community

The report discusses community-based solutions that bring legal aid to those who need it instead of them having to seek it out. Three variations of these solutions are medical-legal partnerships, libraries and schools, and mobile justice units. By placing legal experts in healthcare facilities, people have the opportunity to address issues such as housing or benefits that affect their health. Public trusted spaces, such as libraries, are also becoming hubs for free legal advice. Mobile units are able to temporarily travel to underserved neighborhoods and remote areas making accessibility one step closer.

  1. Technology is the Future

Another major talking point in the Academy’s report is how current and expanding technology can be utilized to make legal help more affordable and accessible. Self-help websites provide interactive tools to help guide users through filing forms, understanding their rights, and even tackling disputes. Artificial Intelligence can be used in the form of chatbots and applications for instant legal advice and help explaining legal jargon. There are also numerous remote legal services with video conferencing and tele-legal aid, which can help connect people in rural areas with lawyers and legal aid. “Technology can provide low-cost, scalable solutions to address gaps in legal help and make the system more navigable for everyone,” the report states. It’s not about replacing lawyers but making legal assistance more accessible to those who need it most.

  1. Expanding the Legal Field

Though having a lawyer can be useful in many scenarios, not every legal problem requires one. By training paraprofessionals and advocates, we can build a bigger system of help. Another form of expansion would be to simplify certification paths in order to make it easier for people to enter legal support roles. This removes the financial and time burdens that many take on by attending law school.

Collaboration

Fixing the civil justice gap isn’t a one-person job, so the academy stresses how important teamwork is across all sectors. This can come in the form of interdisciplinary partnerships, changes to policies, and data-driven approaches. Courts can work with community organizations to improve legal processes and services while the private sector can help fund technology and workforce development. Policy changes create a route for increased funding for legal aid and pro bono programs. Lastly, compiling data on civil justice issues can identify gaps and track progress.

Advocacy and Awareness

A problem cannot be solved without making people aware of its existence. Raising awareness about civil justice issues is critical, and sharing the work from Achieving Civil Justice: A Framework for Collaboration is a great place to start. Public campaigns are a highlighted method in the report as they help people understand the need for solutions. Advocacy also allows us to push for more funding for legal aid services.

Let’s bridge the Gap

As the American Academy of Arts and Science encapsulates, “The civil justice gap is not just a legal issue—it is a societal issue. Achieving civil justice for all requires collective action, creativity, and commitment from every sector of society.”

This means that the civil justice gap may be a difficult hurdle to overcome, but it is not an impossible one. By combining innovative ideas and collaboration at the Maryland Access to Justice Commission, Maryland can be one step closer to bridging the gap, too.

Learn MoreTo dive deeper into the findings and recommendations, read the full report by the American Academy of Arts and Sciences: Achieving Civil Justice: A Framework for Collaboration