In the United States, people of limited means suffer a tremendous unmet need for legal services in civil proceedings. Why does the United States fall so far behind in providing that service in comparison with other western democracies?

Background on the Right to Counsel

In 1963, the Supreme Court decided Gideon v. Wainwright, the landmark Sixth Amendment decision requiring that states provide legal counsel for indigent criminal defendants. No such right to counsel, however, has been established in civil proceedings despite the fact that for many low-income individuals, the outcome of certain civil legal proceedings can have an impact as significant, lasting, and life-altering as some criminal cases.

In the absence of a federally recognized right to counsel in civil matters, state and local authorities have been primarily responsible for protecting the rights of low-income individuals in civil proceedings where they see fit.  As a result, the provision of free legal services differs greatly from state to state, and even within a given state.

A 2017 study demonstrated that 71% of low-income households experienced at least one civil legal problem that year, including health care, housing conditions, veterans’ benefits, disability access, and domestic violence matters. In 86% of those civil legal problems, low-income Americans “received inadequate or no legal help.” In addition, in over three-fourths of all civil trials in the United States, at least one litigant does not have legal representation.

Pro bono projects can provide some of the most meaningful and interesting moments in a lawyer’s career. It’s usually an easy decision to say “yes” when presented with a pro bono opportunity, because this type of work gives young lawyers invaluable experience and offers all lawyers a purposeful way to give back to their communities. Unfortunately, at the same time this work can be incredibly stressful, challenging, and emotionally taxing, and may lead to secondary trauma.

Secondary trauma is when the stress of working with a trauma-exposed client begins to interfere with a pro bono lawyer’s professional or personal life. Secondary traumatic stress, also known as vicarious trauma, burnout, or compassion fatigue, shares some symptoms with post-traumatic stress disorder, but it is the product of being indirectly exposed to another’s trauma. Examples of secondary trauma have been found in social workers who work with abused children; and therapists who support sexual assault survivors. Secondary traumatic stress also affects public interest lawyers, and has been documented among public defenders and judges.