Between Access to Counsel and Access to Justice: A Psychological Perspective

Abstract

"Access to justice" is a broad term that can be defined in different ways. In this volume alone we find different contributions which present different views of access to justice, and different answers to central normative questions concerning access to justice, such as how much access is appropriate, access to what exactly or access by whom. The movement to increase access to justice has likewise taken different directions, including the development of less formal forms of dispute resolution, simplification of legal processes, and the progress of in-court assistance to unrepresented litigants. Yet, traditionally, and for the most part, increasing access to justice has been related to increased access to legal counsel. Having access to representation by an attorney is considered a central means to increase individuals' access to justice, i.e., access to legal institutions or to legal solutions to their problems. The ABA's current proposal to institutionalize a right to counsel in certain civil cases continues this traditional movement. It offers to deal with access problems by making legal services more accessible for greater parts of society and by framing access to counsel as an entitlement in more types of cases.