Justice as a Luxury?: The Inefficacy of Middle Class Pro Se Litigation and Exploring Unbundling as a Partial Solution

Abstract

This paper addresses the inaccess to litigation hardship faced by the near-poor, those members of the class who lack the resources to afford full legal representation, but do not qualify for publicly-funded legal services. The paper focuses on whether pro se representation can be effective and explores the role of unbundling, in which attorneys perform only part of the representation, as a possible complement to class pro se litigation. Part I of this paper emphasizes the importance of access to justice in the United States and describes why the opportunity to litigate is invaluable to members of our society. Part II defines those encompassed by the term middle class, and addresses the extent of their access to justice hardship. This section addresses the difficulties that are faced by some members of this financial class who are unable to afford attorney’s fees for litigation. It explains why increases in governmental funding are unlikely to remedy the issue. The section encourages lawyer participation in low bono, or sliding scale fee schemes, as a way of making attorneys' fees feasible for class people. Additionally, Part II discusses why some people do not litigate their claims, the efficacy of legal insurance, and different types of fee structures that lawyers may charge to handle cases.