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.

In this Q&A, partner Betsy Plevan shares her experience supporting the Office of the Appellate Defender’s First Monday in October Gala fundraiser, where she served as a mock Supreme Court Justice on the All-Star Bench in support of a great cause. The Office of Appellate Defender NYC provides appellate representation to indigent persons convicted of felonies.

Tell us a little about your connection to the Office of the Appellate Defender, and the purpose of the First Monday Gala.

Betsy: The OAD is widely known as one of the leading private non-profit organizations providing legal services to poor people. I’ve had the privilege of working on many pro bono matters dedicated to civil rights throughout my career, and my specific involvement with the OAD dates back 10 years to when I was a recipient of its annual Milton S. Gould Award for Outstanding Oral Advocacy.