27 Barriers to Legal Access & 11 Possible Solutions

"The law should be a shield for the weak and powerless, not a club for the powerful."

- Gov. Roy Barnes, 2004 Equal Justice Conference

Article I, section 21 of the Constitution of the State of Florida requires that

“the courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.” 

Inherent in this mandate is the precept that our courts are neutral bodies that will interpret the law fairly, and will ensure equal treatment of all parties. 

27 Barriers to Legal Access

1. Many pro se litigants cannot afford to hire an attorney. One of the most common barriers is the economic situation of pro se litigants. Lawyers' fees are un-affordable for people with modest income. Also there is a limited access to free or low cost legal services.
2. Many consumers have no idea where to even begin.
3. Many would be pro se litigants don’t realize they have a right to access the court system themselves.
4. The law is packed with forms, statutes and jargon that the average person may not understand.
5. Legal aid societies cannot keep up with increasing pace of low income litigants. There is a limited supply of low cost or pro bono attorneys. Low cost legal assistance can be hard to find and non-profit centers with strict guidelines and so many people needing assistance, may not be able to help.
6. Judges don’t tend to like pro se litigants.
7. Judges assistants are sometimes rude.
8. Court clerks are often rude. Judges and courtroom personnel are often condescending towards pro se litigants.
9. Opposing counsel secretaries can be obnoxious.
10. Everybody hides the ball and passes the buck.
11. Everybody tells pro se litigants to get an attorney.
12. Pro se litigants lack credibility. People, like opposing counsel, clerks, or judges may think a pro se litigant doesn't know any of the rules; and so the pro se litigant may not be taken seriously.
13. The average reading level for Floridians is between the eighth and ninth grade level. The pro se forms and their instructions may be too difficult to read and understand; as they are written above the reading level of many Florida citizens. 
14. Unfamiliar legal jargon. Unnecessary terms are used. Legal “jargon” serves as a means to exclude from the courts any person who doesn't pay an attorney, or speak the jargon. 
15. Many people have incomes that are too high to qualify for free legal assistance. 
16. Unclear court procedures, confusing court forms, incomplete or misleading judicial websites. 
17. Underhanded attorneys will not file or notify pro se litigants with the correct paperwork in the correct manner, but if a pro se litigant does not follow procedure precisely, attorneys are the first to cry foul to the Judge. 
18. Language barriers - foreign born litigants, there is often no court interpreter available. 
19. Procedural requirements are often harder for pro se litigants, and purposely made this way. In fact, legal papers filed by an attorney that need to be “corrected” are often times overlooked by the judiciary system simply because they were filed by counsel. 
20. Clerks and opposing counsel withhold information from pro se litigants that is normally given to attorneys. If an attorney's office calls to ask about a hearing,for example, the clerk will provide all the answers. But if a person representing their own interests asked for the same information, the answer becomes legal advice. 
21. Pro se litigants are considered distinctly unwelcome. It is literally an institutional bias.
22. Unfamiliarity with legal procedures can be frustrating and embarrassing for someone seeking justice. It can cause a person to abandon their cause or wind up with a less than desired outcome.
23. Finding the correct forms to file. Choosing the right forms and filling them out correctly is not only time consuming, but can be an overwhelming task. 
24. Finding the proper jurisdiction and venue in which to bring their action. How to choose between small claims, county court, or circuit civil? Do I file my family law case where I live or where my ex lives? 
25. Navigating the legal system - civil process and procedure. Pre-law students, paralegals, and attorneys all take at least one course about civil process and procedure - CivPro. Many find the information overly detailed and difficult to retain. Imagine the pro se litigants' dilemma having to decipher an entire body of information for the first time, on a deadline, when their home, their money or their children may be at stake.
26. In many cases, clerks have been explicitly trained to never answer any questions from the pro se public. Such assistance has been perceived as violating the court’s neutrality or as unauthorized practice of law. Pro se litigants, therefore, frequently find their paperwork being refused as inappropriate or incomplete, but are given no help to correct it; no explanation of the problem or how to fix it; and no referral to someone who could help. This is called "hiding the ball".
27. Education is a big issue for many people who want to pursue their rights. Most of the do-it yourself forms require that the person has access to a computer with internet, to find forms; to fill them out; to print them out; and to do even rudimentary legal research.

Eleven Possible Solutions 

1. Explain court procedures clearly and patiently (several times if needed—it’s a lot to comprehend)
2. Help customers define for themselves what they are seeking and be good listeners. Sometimes people really need an ear because they get so beaten up by the system!
3. Clarify with them what their goals are. What are they trying to accomplish? Help them understand legal terminology or show them where they can look it up.
4. Help them fill out court forms.
5. Explain what types of pleadings exist and what the procedures are for their situation.
6. Help them get fee waivers (if they qualify) from the court.
7. Do some “hand holding” (give them a check-in call before court and a follow up call after)
8. Know when to refer them to an attorney (the case is too legally complex, there is a lot at stake and or the Judge is not taking them seriously.
9. The goal of any legal document preparer should be to provide professional document preparation services at a cost that is affordable. Not only should these services be given with the utmost professionalism, but also allow the customer to vent their frustrations and tell their story, This level of professionalism and interpersonal skill makes the personalized services of a legal document preparer far stronger than most realize; by not only providing the proper formatted forms they need, but often, even only temporarily, someone to listen.
10. As a legal document preparer our mission is to help others to complete their own legal tasks.
11. Empowering pro se litigants so they can become knowledgeable about their legal rights and be able to stand in front of a judge and state their case with confidence and conviction.