Reducing the “Justice Gap” Through Access to Legal Information: Establishing Access to Justice Entry Points at Public Libraries

Abstract

Among the strategies to improve public access to justice, increasing the accessibility and comprehensibility of legal information must be ranked as important. In this paper, the authors explore how libraries and librarians might play a role in providing the public with access and guidance to legal information. These issues are considered primarily in the context of two scenarios: that of the self-represented litigant, and that of a party to a limited scope retainer. The authors consider in particular how public libraries as a public space and public librarians as trusted intermediaries might support the objective of greater access. The possible roles of law society/courthouse and academic libraries in training and collection development are also considered. The distinction between providing access to legal information and giving legal advice is discussed briefly, and the authors suggest some possible ways of clarifying this distinction while pursuing the goal of expanding public access to legal information.

Fulfilling information needs by classifying complex patron needs

“…In a 2017 survey of Pennsylvania public librarians, 52% of respondents indicated that they fill legal information needs (Whiteman et al, 2018). Patrons who present these legal information needs may be self-represented litigants (SRLs)-who either choose not to hire an attorney or cannot afford to do so (Bilson et al, 2017). SRLs frequently turn to public librarians to get information and legal forms regarding issues ranging from family law and landlord-tenant law to medical malpractice and contracts (Dyszlewskiet al, 2015).…”

“…Bishop (2016) posits that "understanding government websites and filling out the related online forms could be the most sustainable information need in society" (320). Public librarians often act as trusted intermediaries between the public and the government, and a common example of them playing that role is the regular practice of helping patrons access government information online (Taylor et al, 2014, S20;Snead, 2014;Bilson et al, 2017). According to the 2011-2012 Public Libraries Funding and Technology Access Studywhen less government resources and forms were digitized than they are nowover 96% of surveyed public libraries indicated that staff assisted patrons with applying for or accessing e-government services.…”

“…In fact, public libraries have been dubbed "justice entry points" (Bilson et al, 2017, p. 115) for those who need to conduct legal research or learn about the court system. Public libraries, in their charter to be trusted and welcoming spaces, play a unique role in reducing the "justice gap" experienced by individuals who may lack the resources to access legal services (Bilson et al, 2017).…”

Access to justice research: On the way to a broader perspective

“…The situation is by many researchers illustrated with a figurative gap between a supply-side and a demand-side in an unbalanced market of justice, sometimes referred to as "the justice gap" (e.g. Hertogh 2012, Finger 2014, Sandefur 2015, Moss 2016, Neiman 2016, Schneider 2017, Bilson et al 2018, Higgins 2018, Elliott et al 2020, Hubbard et al 2020, Woodbur 2020, Gao 2021. Thus, the confusion about the problem of access to justice often boils down to the question about whether some lack access to justice because the designated providers fail to deliver (alternatively because such organs do not exist in the specific context) or because the ones lacking access to justice are too demanding or simply fail to receive the delivery.…”