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Article
Can a Little Representation Be a Dangerous Thing?
HASTINGS L.J. (with Colleen Shanahan and Alyx Mark) (2016)
  • Anna E. Carpenter
  • Colleen Shanahan, Temple University
  • Alyx Mark
Abstract
Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases and our legal system develops devoid of law reform that reflects the needs of low- and middle-income litigants.
Keywords
  • access to justice,
  • empirical,
  • legal services,
  • poverty law,
  • legal representation,
  • expertise,
  • professional expertise,
  • law reform
Disciplines
Publication Date
2016
Citation Information
A Little Lawyering Can Be a Dangerous Thing, 67 HASTINGS L.J. 101 (2016) (symposium issue, with Colleen Shanahan and Alyx Mark)