Regulatory Reform as a Tool to Bridge the Justice Gap
by: Erin Weaver, i4J Research Assistant
Disclaimer: The information in this blog post is informational in nature and should not be considered legal advice.
It’s that time of year again; the school year has started and students are busy reading, writing, and researching as they return to their studies after summer break. A new cohort of i4J students have been welcomed into the fold and are working to help i4J move the needle on access to civil justice. Since 2018, i4J has been on the cutting edge of innovation by designing and testing disruptive solutions to the justice gap. Among these solutions, i4J has been a leader in the regulatory reform movement, designing 3 initiatives that empower community advocates with specialized legal training - but not a JD - to provide legal advice through non-profit social services.
What is regulatory reform? Why is it important?
In 2021, low-income Americans were forced to face 92% of their civil legal problems alone because they did not receive any or enough legal help for these problems. This “justice gap,” which is defined as “the difference between the civil legal needs of low-income Americans and the resources available to meet those needs,” has expanded in recent years as current legal services for low-income Americans cannot possibly adequately serve everyone.
Regulatory reform aims to address the justice gap by increasing the number and types of legal services available in the market. The traditional legal service model for low-income populations is federally-funded legal aid; however, legal aid is unable to serve 80% of those who need and qualify for their services. Private sector lawyers are encouraged to participate in pro bono work, but fully-licensed attorneys are unable to meet the legal needs of everyone who may need assistance. Recent estimates have suggested that every attorney would have to provide 180 pro bono hours in order to provide a single hour of legal advice to each American for each civil justice need they are experiencing.
What is already being done?
To date, i4J has developed three initiatives that leverage regulatory reform in Arizona and Utah to increase access to justice for those who cannot or will not work with a traditional lawyer. The Domestic Violence Legal Advocate (DVLA) Initiative in Arizona trains lay advocates to give limited-scope legal advice to survivors of domestic violence on an urgent legal issue, give legal advice during completion of forms, give legal advice about case preparation, and have a seat at the table in court to quietly advise. The Medical Debt Legal Advocates (MDLA) pilot is training community healthcare workers and financial counselors in Utah to assist individuals experiencing medical debt and help community members who are navigating medical debt collection lawsuits. The Housing Stability Legal Advocate (HSLA) Initiative in Utah and Arizona would train social service providers at community-based organizations that are already working with people experiencing housing instability to provide limited-scope legal advice on issues related to housing stability at no cost to consumers.
While i4J hopes to expand these initiatives to other states, Utah and Arizona are currently the only two states that have made changes to their unauthorized practice of law rules to allow trained lay advocates to give limited-scope legal advice. i4J hopes that these initiatives will position Arizona and Utah as leaders in demonstrating to other states how regulatory reform can be access-to-justice-centered.
What does i4J have planned moving forward?
This fall, students enrolled in the Innovating Legal Services class will design i4J’s next effort in regulatory reform. Students will work with members of the West Valley, Utah, community to develop a system-level solution that leverages regulatory reform to embed preventative civil justice problem-solving in patient care. i4J is excited to welcome everyone back for another year of innovation! We have a new cohort of diverse and passionate students ready to disrupt the way legal services are provided in the United States and make our country’s pledge of “with liberty and justice for all” a reality.
Learn more about i4J’s Regulatory Reform projects: