Equal justice remains an elusive concept for many low-income Tennesseans. Even as the state makes access to justice a priority and serves as a leader in supporting legal services for underserved populations, many here are still experiencing a significant justice gap.

The recent 2014 Statewide Legal Needs Assessment reveals that more than 60 percent of low-income Tennessee households experienced at least one civil legal problem in the past year, but less than 40 percent were able to do anything about it. And even for those who did take some action, fewer than one in three did so with the help of an attorney or legal service organization.

These are some of the key findings from the recent study commissioned by the Tennessee Supreme Court’s Access to Justice Commission and the Tennessee Alliance for Legal Services with support of the Tennessee Bar Association.

The study was designed to assess the civil legal needs of low-income households in Tennessee, especially as they may have changed since a similar 2003 study.[1]

The updated legal needs study surveyed more than 1,400 low-income (defined as $29,812 for a family of four) or impoverished ($23,850 for a family of four) Tennesseans about civil legal issues experienced by members of their household in the last 12 months and what steps, if any, they took to address the problems.

Civil Legal Problems Experienced by Low-Income Tennesseans

The study estimates that in the more than 60 percent of low-income households that experiences at least one civil (not criminal) legal problem each year, the average is 3.6 problems. More than 12 percent of these households experience six or more problems, some reporting more than two dozen issues in the course of a year.

Nearly 18 percent of Tennessee’s 6.5 million residents live below the poverty level, the 12th highest in the nation.[2] That means Tennessee’s low-income residents experience well over two million civil legal problems annually and many of these involve matters affecting basic human needs such as health care, safe and adequate housing, personal safety and access to financial support.

According to the study, problems with medical bills or insurance were most frequently reported, with other financial and economic security issues rounding out the top five areas. According to the survey, medical and housing matters account for more than half of the most urgent legal issues experienced by low-income people.

Responding to Civil Legal Issues

More than 60 percent of low-income households reported that they did not pursue any type of action for their biggest civil legal problem and fewer than one in three who took some action did so with the assistance of an attorney or legal aid organization.

An unfortunately common theme expressed by over half of those who took no action on their legal issue was a general attitude of acceptance of the problem, feeling that nothing could be done to help or change their outcome. What the survey reveals is that ultimately, many low-income families endure distress that few people with more means would even consider tolerating. In many cases, they have given up hope and have grown cynical about any positive result from involvement with the justice system.

Other barriers include an assumption that legal assistance would be too costly and feeling intimidated and overwhelmed, let alone pursuing an action in court. Another obstacle to seeking legal assistance was a perceived lack of communication skills; not speaking the same language as lawyers, either literally or figuratively. Whether because of limited proficiency with English or an inability to understand legal terms and complicated concepts, many survey respondents indicated feeling anxious even considering seeking legal assistance.

Finally, less than a quarter of survey respondents were aware of any free civil legal services or even referral sources offering help to find a lawyer. What the legal needs study demonstrates is that low-income and impoverished households in Tennessee do not simply suffer from a lack of financial resources; they are also impacted by a lack of information and access to supportive legal resources that are designed to offer crucial assistance. Although in many of these situations, access to legal assistance could help improve the situation drastically, the majority of low-income individuals with legal problems do not take any action or deal with their dilemmas without ever consulting a legal professional.

Opportunities for Response from the Legal Community: Outreach and Technology

Data like that gleaned from the legal needs study can help develop a genuine and more dynamic understanding of the lived experiences of poor and underserved individuals and is necessary to create communication tools and strategies that are relevant, clear and effective. While it may be discouraging to learn that so many low-income individuals are not aware of existing programs designed to provide precisely the assistance they are lacking, there are opportunities for communicating about existing programs and developing new ones. For example, Tennessee is a leader with regard to developing and supporting innovative and technology-based access to legal information and advice.[3]

The legal needs study indicates that the digital divide has shrunk in the decade since the last legal needs study, with more than 60 percent of respondents indicating that they have access to the internet. This growing access to technology is an opportunity for service providers to explore and promote alternative methods to serve clients and truly meet them where they are. While technology will not eliminate the justice gap and there will certainly remain the need for face-to-face support, the prospect exists for serving many clients who currently believe they have nowhere else to turn.

Other Opportunities for Data-Informed Planning and Programs

The TBA Access to Justice Committee has been working closely with the Resource for Great Programs (TRGP) on completing a study that examines the economic impact of civil legal aid in Tennessee. The goal of the study is to demonstrate the impact that legal services have on the community as a whole. This impact will be articulated by evaluating and describing the positive economic impact for clients and the greater community that comes with successful legal representation.

This study, the Economic Impact of Civil Legal Aid in Tennessee, was conducted in the summer and fall of 2014, with 10 Tennessee legal service organizations participating and providing data to TRGP. The study has been completed and a final report will be available at the start of 2015.TRGP is a nationally recognized organization that conducts research, analysis and strategic support related to quantifying the economic impact of legal services programs.[4]

Another area where research could help bridge the justice gap involves self-represented litigants. What types of cases are most common with this group, what resources are available, what is being utilized, and what are the perspectives of those proceeding pro se? While there is anecdotal information available about self-represented litigants, much of this is from the perspective of legal professionals and does not capture the actual experience of the individual going it alone. Tennessee has been invited to participate in a study being conducted by the Institute for the Advancement of the American Legal System (IAALS) at the University of Denver. A report from the Cases Without Counsel project will be released in summer of 2015.

Nearly every professional industry is leveraging data to forecast trends, track outcomes and better understand client needs and engagement. Data-focused innovations can be used to support and improve legal services for low-income individuals. Using data as a catalyst for practices and programs serving those in poverty could help maximize development of new focus areas, concentrate resources where they have the greatest impact and improve overall program effectiveness.

Notes

1. Both the 2003 and 2014 legal needs studies were conducted by the University of Tennessee College of Social Work, Office of Research and Public Service. Financial support for the 2014 study was provided by a grant from the Ansley Fund of the Frist Foundation. See the full report at https://www.tncourts.gov/sites/default/files/docs/2014_legalneeds_report_1.pdf.
2. 2013 U.S. Census Bureau, http:// quickfacts.census.gov/qfd/states/47000.html.
3. Some examples are Justice for All: A Tennessee Supreme Court Initiative (http://www.justiceforalltn.com); Legal Information for Tennesseans (LIFT)(http://www.legalinfotn.org); Online Tennessee Justice (OTJ)(http://www.onlinetnjustice.org); and aLEGALz ( http://www.tals.org/alegalz).
4. For more information on The Resource for Great Programs, visit http://www.greatprograms.org.