Only about three in 10 Americans with civil legal problems have the help of an attorney.
There are myriad reasons. People might not think their issue rises to the level of legal action. Others ignore their issue altogether. Many, though, can’t afford representation.
It’s commonly called the “Justice Gap.” And a statewide panel of attorneys, legislators and business leaders are trying to find ways to ensure more people who need legal help have access.
Since forming in November, the 27-member Florida Commission on Access to Civil Justice has split into committees aimed at the different layers of the issue. Outreach, access and delivery, the chain of services, technology and funding are all components.
The first slate of recommendations came this month in an interim report to the Florida Supreme Court. They include continued pursuit of a statewide “gateway portal” that should help people connect with services; a rule change that could expand the pool of pro bono attorneys; and a way to further fund pro bono efforts through leftover class-action claims.
Some on the commission have seen the access problems, but not at the depth they encountered.
U.S. District Judge Timothy Corrigan said he knew there was a problem, but it’s “greater than I even knew.”
“How can you have a system of justice, if a substantial number can’t get access to it?” he said.
If the commission does its job, he said, ways will be found to improve the situation.
Dominic “Donny” MacKenzie said he’s happy with the work so far, but that it’s just a drop in the bucket.
The Holland & Knight partner should know — he’s president of The Florida Bar Foundation, which funds programs dealing with greater access.
Retired 1st District Court of Appeal Judge William Van Nortwick is helping lead the way. Now an Akerman partner handling the firm’s national pro bono program, he chairs the access and delivery subcommittee.
In the past year, the group has done some heavy lifting — first it had to determine the need before figuring out solutions. And that’s when it found just 16-29 percent of people used professional legal help.
His group was among those strongly pushing for the statewide gateway portal. A place where anyone seeking information can virtually visit, determine the services they might need and be guided to those who might be able to most affordably provide help. Or, if a situation wouldn’t necessarily need an attorney, a wealth of information would be available for self-representation.
Van Nortwick compares the idea to TurboTax, the popular tax software where answers to a series of questions pinpoint solutions.
He hopes such access will mean people won’t just give up on their situations.
“It’s amazing how many people don’t even try,” he said. “They may be losing a car, may be evicted and they just give up. We’re hoping a gateway gets them back into the system.”
He hopes to have a pilot program in a small, rural and legally diverse county established in a couple of months once costs are determined.
MacKenzie said the portal has “tremendous potential to be a paradigm changer” and is a way to get the most out of limited funding using technology.
More people also could help — and a recommended rule change would provide some relief.
In 2013-14, Florida lawyers donated close to 2 million pro bono hours.
A change to the state Bar’s Rule 12 would open up the possibility for retired judges and attorneys along with law professors to assist pro bono clients. If they have been attorneys in good standing, they can lend a hand.
“A lot of them do enjoy working,” said Van Nortwick. “The more they can do, the more we can help.”
Still, MacKenzie said, funding remains a root problem. Many people don’t realize how a lack of access impacts the economy — tourism, construction and agriculture drive the state and comprise many of the low- and moderate-income who lack access to the legal system.
The foundation’s Interest on Trust Accounts that go toward the state’s legal aid agencies has dwindled in recent years. Before the recession, about $44 million was generated toward those programs.
In 2013-14, the figure was just over $11 million, but that’s up from the $5.5 million from 2012-13. Additionally, the state has ceased funding for such programs after several years of vetoes by Gov. Rick Scott.
Outside of the residuals from class actions idea, nothing has been recommended.
Van Nortwick said he expects more ideas to be established as the commission continues to hammer out more ideas.
For the millions of Floridians who fall through the legal cracks, it can’t come soon enough.
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