Universal Topics
7
Brian R. Huffman
This chapter will discuss the key players in the A2J movement, given that partnerships and curated resources are paramount in any A2J endeavor. Next, the chapter will cover various models of delivery we provide public-facing A2J efforts. A case-in-point for a concept in action collection development will be discussed in greater depth. The chapter will conclude with a discussion of issues that have been on the horizon for the A2J movement.
- Access to Justice is a universal concept that touches all types of Law Libraries.
- Law librarians must understand the partners who help provide meaningful Access to Justice.
- There are various service models used to facilitate Access to Justice.
Brief History
The American Access to Justice (A2J) movement started sometime at the turn of the last century. Roscoe Pound spoke about A2J in his address to the American Bar Association (ABA) in 1906.ii “Our administration of justice,” he said, “is not decadent. It is simply behind the times.”ii This movement has greatly impacted the American legal system. It has brought an awareness that the average public has a deep-seated need for justice, and barriers prevent meaningful access to justice. These barriers include lack of education, lack of financial resources, lack of legal information and assistance, lack of access in the normal meaning of the word (no lawyers or Law Libraries nearby), and in some instances, lack of ability (physical/mental challenges).
As Steven P. Anderson stated, “The primary goal of the “Access to Justice” movement is to improve the quality of participation in the justice system by all. It also envisions an even “playing field” for the disadvantaged by removing barriers to access, such as income, literacy, mobility, and language, for those individuals with civil legal needs.”iii
The concepts in this chapter have been frustrated since March 2020 by the advent of the coronavirus pandemic. Offhand, there are at least two recent concerns due to COVID-19: The disappearance of public technology; and the diminishing value of print collections. These are not new concerns, but the safety and health concerns make it more difficult to provide complete access for those disadvantaged by the “digital divide.” The digital divide occurs when the underrepresented and disadvantaged lack similar access (to books, eBooks, databases, etc.) due to poverty, lack of education, or disability.
Key Players
Access to Justice involves self-represented litigants (SRLs), the law, and the justice system (courts, agencies, and possibly the legislature). There is the process and the law. SRLs are generally not familiar with any of it. That is why we have lawyers. But many people lack access to legal representation because they do not know where to find it and cannot afford it.
In addition to the parties to a lawsuit, lawyers, judges, and legal service providers play a key role. Legal service providers can be non-profits like Legal Aid or lar