Designing Just Solutions at Scale: Lawyerless Legal Services and Evidence-Based Regulation

Autores

DOI:

https://doi.org/10.11117/rdp.v19i102.6604

Resumo

Around the world, billions of people lack access to justice, often because they cannot access help in resolving their justice issues. An important reason for this is that many access models rely centrally on lawyers, and such models simply cannot scale. Some jurisdictions allow lawyerless legal services. We offer a new framework for understanding lawyerless legal services that breaks away from lawyer-centric logic. Inspired by experiments in reregulating the practice of law in the United States, we propose a paradigm shift: just solutions. A just solutions framework has two distinct characteristics: it is evidence-based and it is outcome-focused. We draw on experience from other lawyerless models to imagine what a just solutions framework could look like in practice, including a growing body of evidence on legal needs and effective services, as well as scalable funding innovations. Freed from the lawyer-centric paradigm, a just solutions framework is closer to people’s actual needs and, unlike the lawyer-centric model, has the potential to scale to meet them.

KEYWORDS: Legal services; access to justice; unbundling; regulatory reform; evidence-based policy and practice.

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Biografia do Autor

Matthew Burnett, American Bar Foundation. Illinois. Estados Unidos

Senior Program Officer for the Access to Justice Research Initiative at the American Bar Foundation. Former Senior Policy Officer for Legal Empowerment at the Open Society Foundations. Advisor to the National Center for Access to Justice.

Rebecca L. Sandefur , Arizona State University. Arizona. Estados Unidos

American Sociologist who won a MacArthur “genius” fellowship in 2018 for “promoting a new, evidence-based approach to increasing access to civil justice for low-income communities”. Professor in the School of Social and Family Dynamics at Arizona State University and Faculty Fellow at the American Bar Foundation, where she founded and leads the access to justice research initiative.

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Publicado

2022-09-06

Como Citar

Burnett, M., & L. Sandefur , R. (2022). Designing Just Solutions at Scale: Lawyerless Legal Services and Evidence-Based Regulation. Direito Público, 19(102). https://doi.org/10.11117/rdp.v19i102.6604

Edição

Seção

Dossiê Temático "Democratização do Acesso à Justiça e as Transformações no Campo Jurídico"