Access to Legal Help in the U.S. is the Same as in a Military Junta in Annual World Rankings

by Tom Gordon
​
​Yesterday, the World Justice Project released its annual Rule of Law Index, ranking the commitment of 142 countries to the rule of law. Although the United States ranked 26th overall, it ranked 107th in access and affordability of legal help, continuing a dismal showing that dates to the beginning of the Rule of Law Index in 2015.

​In the category, “People Can Access and Afford Civil Justice,” the U.S. ranking of 107th out of 142 was by far the worst among the survey's 47 high income countries. In fact, the U.S.’s performance was so poor that it would have ranked near the middle of the countries in the low income tier, consisting of the 16 poorest countries surveyed. The U.S. was tied with Niger, which is ruled by a military junta.

The only other category in the Rule of Law Index where the U.S. ranked this low was “Civil Justice is Free of Discrimination.” This is not surprising, as making legal help dependent on high-priced lawyers has a disproportionate impact on women and people of color. These groups are not only less likely to have the financial resources to afford legal help; they’re less likely to have the background and connections to navigate the legal system on their own or to find someone who can help them informally.

The paradox of the U.S. legal system is that our country has over one million lawyers, but their services are unaffordable to most people. Lawyers who want to work in innovative business models and other service providers who want to compete with lawyers could help make legal services affordable to the American public. However, these low-cost providers are prohibited from operating because of regulations passed by the cartel of lawyers who fear competition with their traditional business model.

​The American legal system is, in most ways, the envy of the world. However, to fully live up to that reputation, it needs to put a stop to regulation that puts the interests of the lawyers doing the regulating ahead of the public’s need for affordable, accessible legal help.