Insight

And Justice for All

Equal opportunity for justice before impartial law is a supposed bedrock of American citizenship. All too often, though, that noble ideal is honored more in the breach than the observance. The legal profession, and the country, must simply do better.

Legal Justice for All Americans is Lacking
Harry M. Reasoner

Harry M. Reasoner

November 4, 2021 06:30 AM

The pledge of “Justice for All” in America’s Pledge of Allegiance is one of the highest aspirations of our country and of the legal profession. Practicing lawyers give millions of dollars’ worth of time in pro bono representation. Congress contributes annually to fund Legal Service Corporations that handle tens of thousands of cases across the country. Some states make substantial contributions. Some state Supreme Courts take leadership roles in seeking support for access to justice.

In Texas, our Supreme Court is a national leader in seeking ways to enhance access to justice. It created a Texas Access to Justice Commission to implement improvements, which I have chaired for over 10 years. We have sought reforms in statutes and rules that enhance pro bono representation and make pro se representation more feasible. We have filed pro bono briefs on access to justice issues and raised millions to increase legal aid by lawyers.

I have practiced law as a trial lawyer for almost 60 years. I tried pro bono cases regularly before my appointment to the commission. I have never done anything in the law more rewarding than my work on the commission. However, I was startled to learn how inadequate our support for access to justice is in the United States.

The governmental and pro bono contributions fall far short of our country’s need for assistance in access to justice. The federal government defines the poverty line as $26,500 for a family of four. Over 57 million people are eligible for legal aid using the federal test for eligibility of income of 125 percent of the current poverty line or less. This dramatically understates the need, as a high percentage of the middle class cannot afford lawyers for significant legal problems. For example, in many states, under five percent of the defendants are represented in debt collection or eviction cases. The Legal Services Corporation (www.lsc.gov), a federal agency trying to enhance access to justice, is an excellent source of data showing the need for assistance and the number actually served.

The inability to get legal assistance can often lead to tragic results. For example, many women and children who are victims of domestic violence cannot get free without legal assistance. Without a protective order or child support, they have to live subject to beatings and other abuse.

Many unscrupulous merchants prey on the poor by adding extra charges to a contract price, charging exorbitant interest or selling them shoddy goods. Titles to the homes of many families are lost because they could not afford to go to probate court to clear title on the death of the titled owner. Veterans often need legal help in compelling the Department of Veterans Affairs to honor its legal obligations. The VA is underfunded and often resists aid for mental problems such as post-traumatic stress disorder, or it denies funds to make veterans’ homes livable in the face of crippling injuries.

If we are to honor our country’s values, we must do much better. It is estimated that in many states, one (or less) out of ten citizens in need of legal assistance receives it. Millions are left suffering domestic abuse; defrauded by those who prey on the poor and elderly; deprived improperly of veteran’s medical assistance and the benefits the veteran has earned; or losing the family home because of financial inability to probate the estate of the deceased title holder.

To deal with the great need for access, we need to educate the bar and our country on the consequences of a high percentage of our population having no access to justice. A high percentage of lawyers have no understanding of the great need for legal assistance in obtaining access to justice and the consequences of lack of access. It should be a mandatory bar exam subject.

The ABA strives to support access to justice but only a limited number of lawyers participate. To make progress, the need for access to justice should be a mandatory subject in law school with the opportunity to do pro bono work as a student. Happily, many law schools have started doing this. It should also be part of high school civics. Students who do not learn of the need for access to justice and the consequences of lacking it will be citizens blind to one of the most important problems in our society.

Major foundations and Chambers of Commerce should be informed of the importance of access to justice and the consequences of it not being available to millions. Only if we address the need as an informed citizenry can we hope to provide true access to justice and honor our Pledge of Allegiance.

Harry Reasoner is a Senior Partner at Vinson & Elkins LLP where he has specialized in litigation. He has Chaired the Texas Access to Justice Commission for over 10 years. He attended Rice University; the University of Texas School of Law and the London School of Economics. He clerked for Judge Charles E. Clark on the US Court of Appeals for the Second Circuit before joining Vinson & Elkins.

Related Articles

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

Hybrid Work - A Path for Female Lawyers


by Roberta Liebenberg

Remote work, flex time, some combination of both, all the rest of the pandemic’s new office normal: mere hype, or finally a meaningful option for female lawyers?

Remote Work Becoming Vital for Female Lawyers

An Allied Front Against Ransomware


by Abigail L. Peluso, Georgia N. Alexakis, John K. Theis and Patricia Brown Holmes

With the world ever more digitally entwined—particularly as the pandemic has increasingly driven commerce and ordinary business activity more fully online—the threat of ransomware is here to stay. Here’s a primer on the federal government’s response and how the private sector can help.

Federal Government’s Response to Ransomware

Navigating the New Normal


by Jody E. Briandi

The pandemic has upended many law firms’ internal culture and their lawyers’ work habits, in many ways for the better. As we approach 2022, how can we consolidate those positive effects to transform the practice of law (and our personal lives) for the better?

Work Habits Affected by the Pandemic

Bidding Wars: Understanding Federal Bid Protests


by Lori Ann Lange

Federal government contracting can be convoluted. Here’s a primer on filing a bid protest for parties who think they’ve been wronged.

Filing Big Protest with Federal Government

High Court Merit


by Tracy Collins Ortlieb

In progressive legal circles, the name Robbie Kaplan has emerged as an omnipresent force for equal and human rights.

Q&A With Roberta Kaplan

Nina T. Pirrotti - New Haven 2020 Lawyer of the Year


by Best Lawyers

Employment Law - Individuals New Haven, Connecticut

Nina Pirrotti

A Firm Dedicated to Growth and Knowledge


by Johanna Marmon

The Scarlett Law Group has paved the path toward justice regarding traumatic brain injury cases.

The Scarlett Law Group

Broken Glass


by BAL

BAL's commitment to equality in the workplace.

Law Firm Profile: BAL

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky