Access to justice can be achieved, says ‘Law Democratized’ author–but not without change

ABA Journal Podcasts - Legal Talk Network

In 2013, the ABA Journal named Renee Knake Jefferson a Legal Rebel for her work co-founding the Michigan State University’s ReInvent Law Laboratory and rethinking how legal services could be delivered to consumers. In 2024, she’s taking a look back at more than a decade of research and experimental programs aimed at improving access to justice–the successes and the failures.

On this episode of the Modern Law Library, Jefferson and the ABA Journal’s Lee Rawles discuss her new book, Law Democratized: A Blueprint for Solving the Justice Crisis. The scale of the issue is daunting: Jefferson cites a study finding that 87% of American households facing legal issues don’t even attempt to seek legal assistance.

“Civil legal disputes—think child support, citizenship, consumer complaints, custody, divorce, employment, guardianship, housing, medical needs—make their way to more than fifteen thousand courts throughout the United States each year,” Jefferson writes. “Whatever the root cause, a massive delivery problem clearly exists for personal legal services.”

Jefferson shares examples of alternative business structures and access-to-justice projects from around the world that challenged old client models. Some–like offering legal services inside British grocery stores–were not successes.

“In theory, consumers could pick up a will with a loaf of bread or a gallon of milk, allowing them to resolve legal problems in a place they already regularly transact,” Jefferson writes. “But grocery store law never flourished.”

Other ventures fared better, and Law Democratized compiles a number of suggestions based on research findings and real-world experiences. Jefferson says she intends the book to not only be a record of what’s been tried, but to also serve as a user-friendly way for the public to learn about changes they could be advocating for at local, state and national levels.

Much of the discussion around improving access to justice involves regulatory reform, and Jefferson shares what has been discovered in states like Utah and Texas through the establishment of regulatory sandboxes. Jefferson also shares ideas about how law schools can be serving their communities as well as their students. Law Democratized suggests ways antitrust law and the First Amendment could be used to expand the public’s access to civil legal services without the direct use of lawyers.

Jefferson and Rawles also discuss her expertise in legal ethics, and what she thinks about the use of artificial intelligence by legal professionals. Jefferson, who writes the Legal Ethics Roundup newsletter on Substack, explains why she doesn’t see the need for an immediate rewriting of the ABA Model Rules of Professional Conduct to address the new technology.