Access to justice

The term "justice" in the phrase "access to justice" refers to the civil legal justice system (justice system). A person has access to justice when he has the ability to use the justice system to protect his legal rights.

To use the justice system, a person needs to know his legal rights and the legal process that must be followed to protect those rights. People can acquire this knowledge directly by learning, or rely on a knowledgeable expert (i.e., an attorney). Over 70% of people using the justice system do so without the help of an attorney due to either a) their inability to afford an attorney or b) the case doesn't warrant or allow the use of an attorney. This means they have to struggle to acquire sufficient knowledge to use it. An unknown number of additional people don't even take that step.

In many cases, the effective use of the justice system requires people do things prior to its use. For example, people want their heirs to inherit their property upon their passing, they will need to setup wills or trusts in advanced. That way, there won't be ambiguity later when the justice system is called upon to distribute their estates. This is why having access to justice encompasses not just the use of the justice system but also the preparatory steps that should be followed prior to its actual use.

Below is a list of examples where the consumer was able to get access to justice in varying degrees of efficiency and cost.

1. A consumer hires a lawyer to draft his will.
2. A consumer uses a legal technology company such as Legal Zoom to draft a will.
3. A consumer hires a lawyer to handle a divorce.
4. A consumer uses a legal technology company to generate divorce papers.
5. A consumer uses legal aid to file paperwork to request additional child support.
6. A consumer reads the NOLO book on Small Claims Court to learn how to take action against a debtor.