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Access to Justice (Hardcover, New)
Loot Price: R3,662
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Access to Justice (Hardcover, New)
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"Equal Justice Under Law." This promise appears on courthouse doors
across the land. But it by no means describes what goes on inside
them. Equal access to justice is one of America's most proudly
proclaimed principles. And one of its most frequently violated. In
theory, the United States is deeply committed to individual rights.
Yet few Americans can afford the legal representation necessary to
exercise them. Only one percent of the nation's lawyers serve our
poorest citizens, translating to one lawyer for every 1,400 poor
people. The nation with the world's greatest concentration of
lawyers has one of the least accessible systems of justice. Written
by America's leading expert on legal ethics, Access to Justice
vividly chronicles the wide gap between the lofty aspirations and
harsh realities of American justice. As Deborah L. Rhode
demonstrates, America is overlawyered and underrepresented: there
is too much law for those who can afford it and too little for
everyone else. Although indigent defendants are entitled to legal
representation, what satisfies that standard is an affront to the
civilized world, and especially shameful for a nation that
considers itself a world leader in human rights. Convictions are
regularly upheld when lawyers are asleep, on drugs, mentally
incapacitated, or even parking their car during the prosecution's
case. The justice system is not only inaccessible for the poor; it
is increasingly out of reach for the American middle class as well.
Rhode's analysis also includes on the first comprehensive national
study of lawyers' charitable pro bono work ever conducted,
encompassing some 3,000 attorneys. The average lawyer, she finds,
contributes less than half an hour a week and fifty cents a day in
support of representation for those who cannot afford it. Access to
Justice avoids both simplistic lawyer-bashing and liberal lament.
Rhode outlines what could and should be done to curb frivolous
litigation, but focuses her attention squarely on the far greater
problem of unnecessary expense and unaffordable remedies. A
scathing indictment of America's legal status quo, Access to
Justice presents no mere manifesto but a reasoned and realistic
agenda for lasting reform.
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