At MerusCase, we're passionate about the ways in which new technology is revolutionizing the legal industry. That's why, today, we're sharing an exclusive guest post from Hiraa Khan, the co-founder of CrowdDefend. Keep reading to learn more about how CrowdDefend is using technology to address the access to justice gap in new and innovative ways!
The Justice System and Our Democracy
Over 100 years ago, our Supreme Court deemed access to the judicial system to be “one of the highest and most essential privileges of citizenship.” However, recent events across our country, in places like Ferguson, Staten Island, and Cleveland, have made it more clear than ever before, to more Americans than ever before, that equal access to justice is an ideal that we must work much harder to realize. Our judicial system is a hallmark of our democracy; it is imperative that we diagnose the inequities in our current system and understand how remedying it benefits us all.Landmark legal cases like Brown v. Board of Education, Gideon v. Wainwright, and Roe v. Wade have changed the lives of ordinary Americans, especially for those living at the margins of society, forever. Where the legislature was bound by partisanship, the judicial system rose above politics to hand down decisions with far reaching social implications. Impact litigation gives us a chance to cut through partisan politics and focus on the true legality of highly polarized issues. These types of cases are vital to pushing our democracy forward. That being said, the vast majority of legal issues are individual civil cases, including issues such as home foreclosures, domestic violence, and wrongful termination. These types of cases are, in their own right, critical to our society’s greater health.
Unfortunately, the high costs of legal representation, court fees, associated trial expenses can exclude many low and middle income Americans from participating in the justice system. Unlike in criminal cases, the right to an attorney is not granted in civil cases. This leaves millions of people exposed and without recourse for legal issues that can have far reaching personal and/or professional consequences.
Legal aid programs, which are meant to fill this gap, are drastically underfunded and under-resourced. By most accounts, legal aid organizations have to turn away 9/10 legitimate cases that they receive. Many states have fewer than 1 civil legal aid lawyer per 10,000 residents who rank as low-income under federal standards. In California, where we are based, over 67% of the state’s poor do not have access to legal representation or advice. You can learn more about the access to justice gap here and here.
How Closing the Access to Justice Gap Benefits All
While legal aid has not traditionally been linked to poverty alleviation, an increasing number of legal experts will attest that investing in civil legal aid makes good economic sense. Multiple statewide studies have demonstrated that investing in justice produces positive economic effects for residents of all income levels, in both the short and long term. In states such as Tennessee $1 invested in legal aid can return over $11 in social benefits to communities. Several other states have seen similarly high returns on investments in justice.Furthermore, judges across the country have come out in support of civil legal aid. They recognize that when individuals come to court with sound legal representation our justice system works better. The vast majority of the judges surveyed in one report said that litigants without legal counsel slow down everyday court procedures and clog the judicial system. These judges also noted that when individuals lack legal representation it "negatively impacts the court's ability to ensure equal justice to unrepresented litigants."
How Technology is Helping to Level the Playing Field
A number of innovative companies, like MerusCase, are using technology and the internet to lower the cost of legal services, while others, like ProBono.net, are working to make the law and our court system more relatable and transparent. These disruptive innovations, and others like them, give us the tools and the channels to provide greater access to justice to the people who need it the most.At CrowdDefend we, too, envision a world in which ‘Justice for All’ is fully realized for all citizens, regardless of age, gender, sexual orientation, or socio-economic status. We believe that providing access to justice for those that have been wronged is a collective responsibility, as it moves us ever closer to a ‘more perfect union’. Our platform allows individuals and communities to share their stories with concerned citizens across the globe. For the first time, donors can give directly to specific legal cases that resonate with them, and thus help level the legal playing field. In addition to funding critical legal matters, it is very important to us that we help create an online space for much needed dialogue about the access to justice gap.
How the Legal Industry Can Get Involved
If our values resonate with you, we encourage you to join our movement. Here are a few ways to get involved:- Visit CrowdDefend and browse our campaigns
- Donate to cases that resonate with you
- If you’re an attorney, you have a special role to play - join and start conversations around the access to justice (#A2J) gap. People want to hear your perspective.
- Urge your local and state representatives to increase funding to vital legal aid programs (#InvestInJustice).
- Support legal innovations that help lower the cost of legal services and level the legal playing field.
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