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Bar News - January 6, 2006 President’s Perspective: What We Can Do To Bridge the Justice Gap By: Richard Y. Uchida, NHBA President
Welcome to 2006. My term as president of the New Hampshire Bar Association is halfway through, but the New Year has reminded me of a pledge when I became president: To celebrate the best of the old, while engaging in the promise of the new. To me, there is no greater promise to fulfill than bridging our “justice gap” in New Hampshire—and in doing so, carry on the noble tradition instilled by so many of our mentors to devote energy and resources to those most in need.
The “justice gap” refers to the number of people who are truly in need of legal services, but are unable to obtain them. The estimated national justice gap is 80 percent—that 80 percent of those in need of legal services are never reached. Other national numbers, as documented by a recent Legal Services Corporation (LSC) report, are equally disturbing: • An estimated 1 million cases are rejected because our system lacks sufficient resources. And this figure only represents those who contact a Legal Services Corp. entity. Many others, perceiving the futility of their plight, never make the attempt. • Only 1 in 5 legal problems experienced by those in need are addressed—a drop in service levels since 1994. • There is one legal aid attorney for every 6,861 people. This is in stark contrast to the number of attorneys in the nation’s private bar—1 attorney for every 525 people. However, legal needs experienced by those in need are not substantially different from those experienced by middle-income people. • Federal support for legal services programs has decreased, in terms of real dollars, by almost 50 percent since 1981, although the need for legal services has grown substantially. Stepping up to try to fill that gap, aid from the private bar, state governments and partners to LSC programs has more than tripled in the same time period. In New Hampshire, anecdotal evidence suggests our own justice gap is 75 percent. This gap exists, despite heroic efforts from our own Pro Bono Program, New Hampshire Legal Assistance, the Legal Advice and Referral Center and other organizations such as CASA, the Disability Rights Advocacy Center and Pierce Law. And these programs work mightily against a backdrop of funding that is neither stable nor sufficient. Look at our three major sources: State and federal funding for such services is always subject to the political winds of the time. IOLTA funding, as healthy as it’s been, rises and falls on the strength of our economy, creating the perverse result that in the most difficult of times, funding is reduced for those in need; and in the best of times, funding improves. Likewise, charitable contributions from the private bar rise and fall on the health of our economy and the generous spirit of our contributors. While these statistics may be alarming, there is a certain “synchronicity” over justice gap concerns that seems to be resonating through our state. • At the last two bar conferences, dozens of Association leaders emphasized the importance of a justice system which delivered on its promise of meaningful access to justice for all. • The Campaign For Legal Services (CLS), headed by attorneys Emily Rice and John Funk, is making new inroads to firms and attorneys, raising the bar on charitable contributions for our key legal services organizations. • The New Hampshire Bar Foundation, chaired by Paul Chant and with the help of NHBF Executive Director David Snyder, is embarking on discussions, study and research on innovative ways to provide meaningful access to justice. • At a December gathering of newer lawyers, Chief Justice Broderick emphasized the importance of pro bono representation and supplied his own observations about the growing justice gap. And at a recent meeting of the leaders of the legal services agencies with the Supreme Court, the justices asked that new attention be devoted to the court’s role in ensuring meaningful access to justice. • The Supreme Court is also considering significant changes to professional conduct rules—based on proposals developed by the NHBA Ethics Committee and the Pro Bono Board—that could facilitate greater access to affordable legal services by allowing lawyers to provide “unbundled” or limited-representation services. • A number of trial court judges have begun discussing new, innovative ideas to enhance access to the justice system in ways that will preserve the integrity of the system, and provide different means to meet the demands of those turning to the courts for answers to their problems. • At a late November meeting of the past presidents of this Bar, leaders stressed that we must emphasize our commitments to those most in need, and rededicate lawyers to public and community service. • The Nashua Bar Association, through the efforts of District Court Judge Paul Moore, attorney Bob Bartis and others, is about to launch a new help desk in the Hillsborough South Superior Court to provide assistance and guidance once or twice each month to those who do not have access to an attorney. • Our state legislature, through the efforts of countless “warriors” voted to provide funding for a new NHLA office in Nashua. It has been over ten years since the current New Hampshire model to provide legal assistance to those most in need was developed. In that time, our model has been hailed by other states as one of the best. But the time has come to examine that model—to see if it is truly the best to deliver on our promise of meaningful access to justice for all. Likewise, our bar should reflect on how it has addressed these needs. Indeed, our own Board of Governors has devoted substantial time and effort in its last few meetings on the valuable role that lawyers must play in building, strengthening and improving the bridging of the justice gap. We must examine not only the gap, but the stability of funding and resources to bridge the gap, new collaborative roles that the many justice system providers can play, the role of the state and federal government in bridging the gap, changes in judicial system rules, policies and procedures to enhance access to justice, and innovations and improvements we can bring to our New Hampshire system. Given our state’s size and the cooperative spirit that exists among the court, the bar, the legislature, the governor’s office and others, it is a unique time and opportunity to work on this issue. There may be those who believe that bridging the justice gap is a distraction from the billable hours and productivity ratios that must be achieved; that it will draw away from time better spent with friends and family, and the problems we must resolve for our paying clients every day. Devotion to this cause could do exactly that. But think about it some more. If our legal system is only serving 20 percent to 25 percent of those in need, how valuable do you truly think we—the lawyers, the judges and the justice system—are going to be in another decade? If we fail to lead in addressing this need, who will? Unlike other charitable causes, meaningful access to the justice system is a unique obligation that we, as officers of the court and negotiators of a complex legal system, and as the most gifted problem-solving profession in the world, must fulfill. In the next few months, I believe you will hear calls for help and support—from the bar, from the courts and from the participants in the system. Please join us in whatever way you can. And if you are excited and inspired about this promise of the new, contact the New Hampshire Bar Association and let us know. We could use your valuable thoughts, efforts and ideas. I look forward to joining all of you in this effort. Richard Y. Uchida is the 2005-6 president of the New Hampshire Bar Association and practices in Concord with Hebert & Uchida. |
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