Undermanned in Civil Court: Self-Represented Civil Litigation and How Legal Practitioners Can Give Back to their Communities

By Joshua Wade, CFCC Student Fellow, Fall 2020

DEMOGRAPHIC INFORMATION

A license to practice law is a tool possessed by few. According to the American Bar Association’s National Lawyer Population Survey,[1] as of 2020 there are approximately 41,000 active attorneys in the state of Maryland. While on its face that number may seem high, when considered in proportion to the total population of Marylanders at just over 6 million residents as of 2019,[2] and more pertinently, the number of self-represented litigants that rely on Maryland courts, that number of attorneys does not satisfy the need for civil litigation representation.

There is no right to counsel in civil cases in the state of Maryland. In Maryland, 83% of family law cases are adjudicated with one or more self-represented litigants.[3] Low income Marylanders rely on Maryland Legal Aid, various legal services programs, pro bono lawyers, or, more often than not, themselves, to adjudicate their own rights. In the District Courts they face issues pertaining to traffic, small claims, consumer debt, landlord-tenant disputes, and domestic violence. In Circuit Courts issues involve their own rights, and often the rights of their children, or child custody, in family law cases.

LEGAL AID & PRO BONO LAWYERING

Maryland Legal Aid is a stalwart, intentional, and dedicated resource in the State, providing representation to indigent, impoverished, and otherwise unrepresented parties. Maryland Legal Aid, however, can only meet the legal needs of 20% of low income Marylanders.[4] Maryland lawyers can give back to their communities by offering pro bono services to address the needs of the thousands of otherwise self-represented litigants in Maryland. It stands to reason that, given their education and training, a licensed attorney is better able to adjudicate the rights of a client than a self-represented litigant, who may have the will to fight for their own interests but may not, through no fault of their own, know how to navigate the turbulent waters of the legal system. The skills and training required for lawyers to attain their license are tools that lawyers should share with those who, without this support, risk losing their residences, financial resources, property, and/or rights to custody of children and loved ones, without ever having a fighting chance.

A license to practice law is a tool best served when made accessible to others who need it —through lawyers offering pro bono services to their fellow Marylanders.

SOURCES:

[1] https://www.americanbar.org/content/dam/aba/administrative/market_research/national-lawyer-population-by-state-2020.pdf

[2] https://datacommons.org/place/geoId/24

[3] https://www.mdaccesstojustice.org/

[4] https://www.mdaccesstojustice.org/

2 thoughts on “Undermanned in Civil Court: Self-Represented Civil Litigation and How Legal Practitioners Can Give Back to their Communities

  1. Joshua,

    The issue you point out here is so important, thank you. I think that most people do not realize or think about that there is no right to counsel in civil litigation and how many important issues Americans face are in fact civil, and therefore, do not have a right to counsel. I completely agree that attorneys across the U.S. have a duty to society to do pro bono work. More lawyers doing more pro bono work could change our courts system.

    Your quote “The skills and training required for lawyers to attain their license are tools that lawyers should share with those who, without this support, risk losing their residences, financial resources, property, and/or rights to custody of children and loved ones, without ever having a fighting chance” really struck me. As those working in a “heightened profession”, we have a responsibility to the people we went to law school to help.

  2. Joshua, thank you for posting about such an important issue and raising awareness of how widespread the legal barriers are for thousands of individuals and families in Maryland. Your post was compelling and clearly outlined why attorneys and firms should provide more pro-bono support to our communities. I especially liked how you raised the point that while pro se litigants may have the will and determination to represent themselves, navigating the legal system is a challenge that no one should have to go through without the expertise and assistance of a licensed lawyer.

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