While criminal defendants are guaranteed legal representation by law, an astounding 92% of civil legal problems faced by low-income Americans go without enough—or any—legal help. Nearly half of these individuals cite the prohibitive cost of legal services as a barrier, while over half doubt their ability to afford a lawyer.
Such circumstances leave many asking, “Why can’t I get help from the justice system?” Their concerns are warranted: In many parts of the US, free civil legal aid is challenging to obtain, and legal aid lawyers are difficult to find.
This crisis of inadequate legal representation is illuminated by a report released Nov. 30 by the American Bar Association, which provides a stark look at the national distribution of legal aid resources.
Nationwide, there are just 2.8 paid legal aid lawyers for every 10,000 US residents in poverty, according to the report. New York leads with about seven legal aid lawyers per 10,000 residents in poverty, while Mississippi has just one—despite having the second-highest US poverty rate.
The report also details the number and location of paid civil legal aid attorneys, finding there are just 10,000 working across the 50 states and Washington, D.C.—less than 1% of the 1.3 million lawyers in the US.
Most are in 132 legal aid organizations funded by Legal Services Corporation (LSC) which generally limit representation to US citizens and legal residents. Legal aid lawyers are more densely concentrated in larger metropolitan areas compared to rural regions, both in total number and per capita.
For example, the 55 US metropolitan areas with over 1 million residents (about the population of Delaware) encompass 57% of the nation’s population but have 68% of all paid legal aid lawyers.
In contrast, non-metro areas, home to 14% of the US population, have just 7% of the paid legal aid lawyers. Approximately 45 million people living outside metropolitan statistical areas are served by only 1.6 legal aid lawyers per 100,000 residents, which is half the national average.
The ABA findings along with a 2022 report by the congressionally funded LSC on the “justice gap” underscore a crisis. When the scales of justice are imbalanced, millions are left struggling with issues like debt, eviction, foreclosures, repossessions, and family law matters without necessary legal representation.
These figures paint a distressing portrait: There simply aren’t enough legal aid lawyers for all low-income Americans facing civil legal issues. As a result, many economically disadvantaged individuals must navigate complex legal systems alone, often facing adverse effects on crucial aspects of their lives.
The lack of representation heightens their vulnerability, leading to unfair outcomes and worsening their financial and social struggles. In eviction cases alone, a 2023 study by RAND reveals a starker contrast: About 97% of tenants are unrepresented in housing court, versus 81% of landlords who have legal counsel.
This disparity threatens the principle of equal justice under the law as well as the very fabric of our society.
In 1963, the Supreme Court ruled in Gideon v. Wainwright that any criminal defendant has the right to counsel if their freedom is at stake. Individuals who can’t pay for legal counsel in criminal cases have it provided by taxpayers.
But six decades later, the same protection is rarely provided for civil cases involving truly life-altering matters such as eviction, debt collection, child custody, or securing veteran benefits. There is an urgent need for expanded access to civil legal aid for those in low-income brackets.
What can we do to ensure more people have equal access to counsel? By examining the root causes of why so many lack legal representation, we can begin to implement effective strategies to improve access to justice.
Some areas to focus on include paying civil legal aid lawyers better salaries, offering incentives to move to rural areas, and ensuring more equitable funding for legal services.
Low pay. The median annual salary for entry-level lawyers at civil legal aid organizations was $57,500 in 2022, according to a survey by the National Association for Law Placement.
Even with 11 to 15 years of experience, legal aid lawyers earn a median salary of $78,500 a year. That’s about half of the average lawyer’s salary of $163,770 nationwide, among all practice types in 2022, according to the Bureau of Labor Statistics.
Legal deserts. Large swaths of rural areas in every state have few lawyers of any kind or no lawyers at all. Attracting lawyers, particularly civil aid attorneys, to small towns and rural counties has been a problem for years.
Governments, law schools, and bar associations are experimenting with solutions, including creating incentives for lawyers to move to rural areas and creating online law clinics so clients don’t have to travel long distances.
Uneven funding. Legal aid funding isn’t distributed evenly among states, cities, and counties. LSC provided $489 million this fiscal year, and the money is distributed to legal aid groups in proportion to poverty populations. Other sources attempt to fill the gap, but it’s not enough.
There is some good news. The ABA report found that the number of legal aid lawyers is growing. Between 2013 and 2022, legal aid lawyers increased by 52% at LSC-funded legal aid groups. And another 4,300 or so lawyers work out of at least 350 legal aid offices not funded by LSC—often in specialized fields, such as immigration or domestic violence with fewer restrictions than LSC-funded groups.
While the challenges are daunting, these growing numbers offer a glimmer of hope. Democracies thrive when every citizen believes they have access to the legal system.
To uphold this ideal, our nation must commit to expanding civil legal representation, ensuring that all people in America receive the legal aid they need when they need it the most.
