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To Lawyer or Not to Lawyer: Is that the Question?

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  • Herbert M. Kritzer

Abstract

A central aspect of much of the debate over access to justice is the cost of legal services. The presumption of most participants in the debate is that individuals of limited or modest means do not obtain legal assistance because they cannot afford the cost of that assistance. The question I consider in this article is whether income is a major factor in the decision to obtain the assistance of a qualified legal professional. Drawing on data from seven different countries (the United States, England and Wales, Canada, Australia, New Zealand, the Netherlands, and Japan), I examine the relationship between income and using a legal professional. The results are remarkably consistent across the seven countries: income has relatively little relationship with the decision to use a legal professional to deal with a dispute or other legal need. The decision to use a lawyer appears to be much more a function of the nature of the dispute. Even those who could afford to retain a lawyer frequently make the decision to forego that assistance, usually at about the same rate as those with limited resources. The analysis suggests that those considering access to justice issues need to grapple with the more general issues of how those with legal needs, regardless of the resources they have available, evaluate the costs and benefits of hiring a lawyer.

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  • Herbert M. Kritzer, 2008. "To Lawyer or Not to Lawyer: Is that the Question?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(4), pages 875-906, December.
    • Handle: RePEc:wly:empleg:v:5:y:2008:i:4:p:875-906
    DOI: 10.1111/j.1740-1461.2008.00144.x
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    1. Unknown, 2005. "Forward," 2005 Conference: Slovenia in the EU - Challenges for Agriculture, Food Science and Rural Affairs, November 10-11, 2005, Moravske Toplice, Slovenia 183804, Slovenian Association of Agricultural Economists (DAES).
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    1. Yun-chien Chang & Su-hao Tu, 2020. "Two-way selection between flat-fee attorneys and litigants: theoretical and empirical analyses," European Journal of Law and Economics, Springer, vol. 49(1), pages 131-164, February.
    2. Margherita Saraceno, 2018. "Justice: Greater Access, Lower Costs," Italian Economic Journal: A Continuation of Rivista Italiana degli Economisti and Giornale degli Economisti, Springer;Società Italiana degli Economisti (Italian Economic Association), vol. 4(2), pages 283-312, July.
    3. Anna Gunderson, 2021. "Ideology, Disadvantage, and Federal District Court Inmate Civil Rights Filings: The Troubling Effects of Pro Se Status," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(3), pages 603-628, September.
    4. Danielle Venn, 2009. "Legislation, Collective Bargaining and Enforcement: Updating the OECD Employment Protection Indicators," OECD Social, Employment and Migration Working Papers 89, OECD Publishing.
    5. Hadfield, Gillian K., 2014. "The cost of law: Promoting access to justice through the (un)corporate practice of law," International Review of Law and Economics, Elsevier, vol. 38(S), pages 43-63.
    6. P. Pleasence & N. J. Balmer & R. L. Sandefur, 2016. "Apples and Oranges: An International Comparison of the Public's Experience of Justiciable Problems and the Methodological Issues Affecting Comparative Study," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(1), pages 50-93, March.

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