There is a systemic change in the American legal system that has been evolving for over 40 years.  The high cost of overhead for attorneys has forced them to price their services beyond the reach of 80-85% of the people needing legal help. This has caused a crisis in access to justice.

The result of this change has been the emergence of a new tier in the legal system, where the paralegal handles the adjective law needs of the consumers (procedural law), focusing primarily on the use and processing of legal documents.  This allows attorneys to focus on the highly specialized practice areas of substantive law – formation and application of law, legal advice and case strategy.  This is what attorneys are trained to do and what they went to law school to learn.  They did not go to law school to fill out legal documents.

This natural evolution of attorney/paralegal has occurred in other countries with much older legal systems, such as Great Britain’s barrister/solicitor; Central America’s abogado/notario and South America’s abogado/escribano (from the word “esbribir” which means “to write”).

There is vital role for the forward thinking entrepreneurial solo practitioner in the development of this two-tier system.  Only the nimble and flexible solo practitioners who are bold enough to embrace the dynamics of this emerging legal model will reap the benefits.  Upcoming posts will explore this evolving relationship.

In 2013 the California State Bar conducted hearings on limited licensing of non-attorneys to address the access to justice issue.  Testimony was gathered from experts indicating that 80% -85% of legal consumers are self-represented.  These numbers indicate the need is no longer confined to low income people, but has risen to the middle class.

I gained my perspective of the changes in the legal system from my background.  I was raised in the law.  My father is Gerry Spence, the trial attorney icon and author of 17 books (gerryspence.com).  You know the man, fringe buckskin jacket, long silvery haired, craggy faced warrior for the people.  The fearless sage who shares his wisdom and teaches his trial techniques at Gerry Spence’s Trial Lawyer College in Dubois, Wyoming, awakening the inner warrior in his attorney students.

I attended the University of Wyoming, the same school my father attended where he graduated with a law degree and was valedictorian of his law school.  I received my American Bar Association (ABA) approved paralegal certificate in 1977 from the University of San Diego’s graduate program.

I began my paralegal career with my father’s law firm learning investigation techniques and trial preparation and attended trials with my father.  I later moved to California working for notable San Francisco Bay Area trial attorneys.  I specialized in medical malpractice and soon went into private practice as a freelance paralegal where I worked in complex litigation and trial assistance for the next 20 years.

During my years as a freelance paralegal I immediately saw the need for simple legal documents for the public consumer that could not afford an attorney and I added a legal document preparation section to my practice.

When I started working for the public, there was no template that would allow me to help self-represented people access the justice system.  My perspective evolved slowly, working in the trenches with my clients and attorney friends, getting battered by the legal system.  There was no training; there was no experience on how to go it alone.  The frustration, the fear and the raw need of my clients touched me deeply.  In this, I am like my father.  He spent his lifetime representing the poor, the injured, the forgotten and the damned.  How could I not act?

I have worked with and listened to the people for 40 years and I have gained a deep understanding of how the legal system is failing them.  The cutting irony is this legal system belongs to the people but they cannot access it.  Access to justice must be available to all, not sold like a treasure to the rich in a luxury boutique.  It must be liberty and justice for all, not liberty and justice for some.

In upcoming posts, I will be sharing my vision of how to meet the burgeoning legal access need.  Your input, your voice, is vital to the development of a solution.  I urge you to share your opinions and feedback on what has to change in the system, and how we can implement the solutions.  Please join me in this vital discussion.

This is history in the making and we are all part of it.