As justice tech providers work to expand access to justice, they are constantly fighting against a myriad of factors that perpetuate the continuing justice gap that leaves those most in need often the most underserved
This article is part of an ongoing series titled Scaling Justice, by Maya Markovich and others in consultation with the Thomson Reuters Institute. This series aims to not only explore how justice technology fits within the modern legal system, but how technology companies themselves can scale as businesses while maintaining their access to justice mission.
Millions of people worldwide face barriers when seeking legal help, and this justice gap disproportionately affects low- to middle-income individuals and members of historically excluded communities.
The United States ranks 107th of 142 countries in affordability of legal support, and approximately 92% of low-income individuals receive inadequate or no legal assistance for their civil legal problems. Worse yet, in 75% to 95% of civil cases, at least one party is unrepresented, leaving more than 120 million people each year navigating the US legal system without support. And these broad numbers mask the racial and socioeconomic disparity that pervade the legal system, which results in unjust outcomes and an overrepresentation of those without access to legal services in the justice system.
Moreover, our criminal and civil justice systems feed into each other in a negative loop for many people. An unpaid fine can lead to crushing debt and criminal liability, while the wait for public representation for a criminal offense can prevent a person from dealing with life-changing personal issues like maintaining housing, employment, or financial stability. The ripple effect of this extends beyond individuals to impact families, communities, and entire demographics.
Factors contributing to the justice gap
Certain factors within society — both currently and in the past — may contribute to the continual rise in the justice gap, including:
Economic disparities
Financial constraints are one of the most significant barriers to accessing justice. Attorney fees and court costs make legal representation inaccessible to most of those who need it, leaving them no alternative but to navigate complex legal issues alone. Financial burdens associated with legal disputes can also deter people from filing, defending, or following through with legitimate legal claims.
Implicit bias within the legal system
Implicit bias refers to unconscious attitudes and stereotypes that can affect decision-making within the legal system. Indeed, marginalized groups such as ethnic minorities, women, and immigrants often face systemic discrimination in both civil and criminal justice systems across the world. This bias can lead to unequal treatment, harsher penalties, and diminished trust in the legal system.
In addition, an entrenched bias towards pro se litigants impacts their experience of the legal system and can also influence the outcome. Unrepresented parties have reported that even when their documents are flawless, the statute is clear, and a letter citing the relevant law is included in their filings, some judges, prosecutors, and clerks assume they are incorrect when the other side is represented by counsel. When those represented by legal counsel are presumed more likely to have meritorious claims, unrepresented parties are denied justice. And while pro bono services and legal aid organizations are powerful drivers of justice equity, they are chronically under-resourced and overwhelmed.
Geographic limitations and digital divides
Geographic location can significantly impact access to legal services, especially for individuals that live in remote or underserved areas. These so-called legal deserts have limited availability of legal professionals and court facilities, often forcing community members to expend significant resources to travel for legal assistance. The digital divide further complicates these challenges — individuals with unreliable internet access or lower digital literacy are often restricted in their ability to access support for their legal problems.
How tech can bridge access to justice
Fortunately, justice tech — which encompasses an expansive array of digital tools that include online legal platforms, document automation software, virtual courtrooms, AI-powered legal assistance, and much more — has emerged as a way to address these disparities by helping expand access to legal resources, streamline processes, and improve outcomes.
In addition, there are several specific legal areas that can be well served by justice tech tools, such as civil justice, in which document-preparation tools can help individuals navigate issues including family law, tenant rights, and small claims cases; or criminal justice, in which litigants can access digital solutions that can improve interactions with law enforcement, offer support for incarcerated individuals, and facilitate post-incarceration reintegration; or family law, in which digital platforms can transform how individuals navigate family and estate matters, such as divorce, child custody, bankruptcy, and trust management.
Other tools also offer comprehensive litigation support for unrepresented litigants to help manage their cases through guided legal education, document preparation, and case strategy. And some digital platforms support entrepreneurs, immigrants, and civil rights advocates by providing legal information, compliance tools, and resources for addressing discrimination and harassment.
This explosion of justice tech tools and platforms even offers the opportunity to reduce the likelihood of recidivism by connecting returning citizens with training, employment, housing, and other services — or by streamlining expungement and record-sealing to help users overcome legal obstacles that often hinder employment, housing, and reintegration.
Conclusion
The justice tech sector is actively transforming outdated and costly legal systems, while helping individuals overcome financial, geographic, and systemic barriers to level the playing field. Indeed, AI-driven solutions can provide more affordable and streamlined legal support, clearly demonstrating that the use of AI in a legal context must be developed and delivered with a laser focus on consumer benefit, mitigating consumer harm, and ensuring transparent and unbiased results.
In this way, justice tech is not just an instrument for efficiency. It also presents a fundamental shift and a true alternative to questions around our approach to legal access. With a culture of innovation, mission focus, and accountability, justice tech can and should be part of the solution for a more accessible and fair legal system.
You can find out more about the impact of justice tech here
