Are Kiosks The Answer to A2J?

About a decade ago, one of the huge issues in law was that there are huge underserved communities who needed legal help but were unable to afford a lawyer. Whether they couldn’t afford legal counsel or simply preferred to spend their scarce resources elsewhere was one issue, but the fact remained that we’ve built a society of legal landmines that few non-lawyers can traverse safely.

And unless you’re lucky enough to have a lawyer on retainer or one in the family, people are left to their own devices. As experience has shown, the internet isn’t a substitute for sound legal advice, and too often people believe they “know” the law to their enormous detriment. No, filing a UCC 1-308 does not protect you from being sued and cops do not have to give you Miranda warnings or your case gets dismissed.

Over the years, a myriad of options were raised as being the solution, from Washington State’s 3LTs to non-lawyer owned firms to app-based miracle solutions. To a small extent, some have survived their initial hype to find a place in the legal ecosystem, but none “solved” the problem. Here we are, the practice of law largely the same as it was a generation ago, the gimmicks fallen by the wayside and the poor no closer to having access to legal advice than before.

But what about kiosks?

The Center for Social Justice at Western New England School of Law wants to change that.

Now, there’s a kiosk to help. Eleven of them, in fact, placed around the city with the help of funding from the MassMutual Foundation.

Why it’s called the “Center for Social Justice” is unclear. Perhaps giving free legal advice is “social justice,” or perhaps it’s just a trendy name that appeals to the sort of law student who wants to do this. Hopefully, it doesn’t mean that they only give advice to people of a certain race or gender, but one can never be sure.

The kiosks enable residents to access information about legal issues such as domestic violence, eviction and homelessness, discover the nearest providers of free legal services and print out forms and papers they may need. In some locations, individuals may also join online meetings and participate in virtual court sessions.

At one point, there was an idea of putting law offices in warehouse stores to make lawyers available where the people were performing low bono. This seems to be a variation on that theme, but for free. Free is good.

“These kiosks are an attempt to work upstream of that and to intercede in any legal issues before it gets into the court system,” said Clemmer. “The next phase is going to be the justice bus project, which will help take these kiosks and bring them out to community events.”

Extending the kiosk notion to a bus and bringing it to events seems like a smart way to make lawyers more accessible. But all of this depends, to a large extent, on whether this concept actually helps people and accomplishes its putative purposes. While the idea of kiosks (or a bus) sounds nice, what do they do?

To date, the MassMutual Foundation has awarded over $1 million of funding to Western New England University’s Center of Social Justice.

The first step of the effort, Clemmer said, sought to help citizens facing consumer debt situations and to provide legal counsel on the spot.

Over the course of nearly two years, some 513 individuals received legal advice, according to the law school. Volunteers, including law students and area attorneys, logged 749 hours of service and rendered an estimated $170,000 worth of legal services.

On the one hand, you might wonder what became of the million dollars from the foundation. Damn nice kiosks? The director of the Center for Social Justice needed new curtains? As the kiosks were served by law students and volunteer lawyers (who presumably spent more time supervising students than lawyering), they weren’t getting paid, so where did a million dollars go?

On the other hand, they put a million dollars in and got an “estimated” $170,000 worth of legal advice out. Granted, lawyers suck at math, but even lawyers can figure out these is not a wise investment. That only 513 people were served over two years is remarkably underwhelming. Does this reflect the fact that people in need of legal advice would prefer not to get it from some kid at a kiosk or that there just aren’t that many people in need of free legal advice?

And on the third hand, there is a certain arrogance of law schools, law profs and law students that they are competent to give legal advice to anyone. Poor people aren’t for practice. If you’re going to give legal advice, it should be competent, accurate and practical. Are law students equipped to do this? Based on what, their vast experience in the trenches, their having aced “Law & Nietzsche,” their nifty tats and purple hair? If a person has child custody problems, should their family be risked by a student who couldn’t find their way to family court without Wayze?

To be fair, these students may be well trained, willing and, of course, free, which enables poor people to get advice they would otherwise have to do without. To a large degree, even  simplistic or mediocre legal advice can be better than none, and it would be unfair to claim they weren’t giving competent advice without knowing far more about how they were trained and what they actually do.

But if it costs $1 million to give away $170,000 worth of legal advice at a kiosk by law students, maybe this isn’t the answer to helping the poor and just another academic indulgence in the name of social justice.


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10 thoughts on “Are Kiosks The Answer to A2J?

  1. Jake

    Taking the contrarian view, as is my role, wouldn’t the advice of a law student be better than the advice of drunk uncle Pete, or that cousin who digs trenches for a living but knows stuff because he’s listened to every single episode of the Joe Rogan podcast?

    A law student, at the very least, should have a higher probability of knowing A. they are not a lawyer and B. what to do when they encounter a situation that requires one (refer the party to a lawyer) than the average knucklehead.

    1. SHG Post author

      Probably, as I said in the post. The potential problem is that people may take drunk Uncle Pete’s advice with a grain of salt, whereas they believe that the law student’s advice is reliable and they go all in, only to learn later that the advice might not be quite as lawyerly as they were led to believe.

  2. sam theiner

    As someone who worked as a (civil) legal aid lawyer for many years, I feel as though this post is within my wheelhouse. The federal and state agencies who provide a majority of funding for civil legal aid work strive to “post the numbers,” that is, show that they have “served” as many people as possible. The problem is, they do this by, in effect, “padding” the numbers by including as people “served” those who have only received advice and counsel, usually during only one interaction with a lawyer or paralegal. This, as opposed to actual representation of a client throughout the legal process in question. In other words (if you’ll permit me to pull some hypothetical numbers out of the air, since I don’t have any access to actual statistics at my finger tips), a legal aid agency will say that “we have provided legal service to 1000 people” during some applicable time period. In reality, something like 800 of those people will have received a few minutes of brief interaction with the lawyer, and only 200 will have received actual representation in court.

    So what’s wrong with just giving people legal advice? In my experience and opinion, just giving people advice can leave the average person worse off than if they had never seen a lawyer at all. This has nothing to do with the competency of the lawyer or the relative intelligence of the advisee. You still wind up with a lay person who is representing themself in the legal system. Things can go very, very wrong. Just as a couple of examples from my own experience: The legal system is chock full of bureaucratically-complicated paperwork that even experienced lawyers can get wrong. Someone armed with just the “advice” of an attorney is liable to get some technical aspect of a filing wrong, winding up with it being rejected and some deadline being missed. Also, I can’t tell you the number of times I have heard an “advised” client stand before a judge and say something to the effect of, “I talked to a lawyer,” and then tell the judge something that bears no resemblance to, or is even the exact opposite of, what the lawyer actually told them.

    My point is, there needs to be more funding provided for actual client representation. The “kiosk” model of legal service does more harm than good.

    1. Mike V.

      Our local Legal Aid represents domestic violence victims when they appear to get restraining orders (or orders of protection as Tennessee calls them); and they are a Godsend to those ladies. But kiosk or pop-up events, whthout some means to follow up does sound almost worse than nothing.

      And give me a million dollars to produce $170,000. I could use some of that action.

  3. C. Dove

    Is it me or does adding a touch screen as an “interface” simply add one additional layer to the Smith Island cake we lawyers call “access to justice?”

    In my current job, I deal with hundreds, if not thousands, of pro se submissions submitted by prisoners. In some cases, the nature of their request is easy to discern. In many cases, it is difficult, if not impossible, to figure out what their request or grievance is. Unlike seeing (or talking to) a client, where I can ask follow up questions, that isn’t possible when the only method of contact is on paper.

    As you know, client questions come in all sorts of different shapes and sizes. Answering them accurately is hard enough, but trying to anticipate and then provide answers through a kiosk?

    If anything, this sounds like job security through obscurity, not a way to simplify access the courts.

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