More than half of Americans mistakenly think they have a right to an attorney in civil cases

New survey also shows many don’t seek legal help with civil matters that can be life-altering

(Aug. 19, 2024)

Talk Justice, Episode 73 (25 minutes):  In this podcast from the Legal Services Corporation, learn the findings of the July 11-15, 2024 Harris poll of 2,000 Americans about resources to help them with civil legal problems.  https://bit.ly/TalkJustice-8-13-2024

WASHINGTON – More than half of Americans (56%) mistakenly believe they are entitled to free legal representation if they cannot afford a lawyer for civil matters, and 18% are unsure, according to a new survey. That number is even higher for young adults (18-34) with two of three (67%) holding this belief.

“The lack of awareness among Americans about the resources available to them regarding civil legal matters is concerning and points to how much work still needs to be done to ensure all Americans have access to the legal system,” said Ronald Flagg, president of the Legal Services Corporation (LSC), a major federal funder of LASP.

The U.S. survey of 2,000 adults was conducted online July 11-15 by The Harris Poll on behalf of LSC. It also showed that many who experienced a civil legal matter within the past three years (59%) didn’t seek legal help from an attorney who could have been pivotal in getting their issues resolved. This includes:

  • A majority (63%) of Americans who were contacted by creditors or collection agencies.

  • 56% of Americans who were fired from a job.

  • 52% of Americans who experienced a natural disaster.

  • 82% of older Americans (ages 55+) who were victims of a scam or identity theft.

Housing crisis: This issue plays a part in the national housing crisis as well. Nearly one of three Americans who were threatened with eviction or foreclosure in the past three years (31%) didn’t seek legal help. Additionally, 35% of those Americans who were threatened say they did reach out for legal help but didn’t receive it.

What civil legal issues need legal help: The survey also found that many Americans are misinformed about what issues require legal help. One of three Americans who didn’t seek legal help for civil matters in the past three years say they didn’t do so because they thought they could just deal with the problem on their own (33%) or they didn’t think the problem was serious enough for legal help (33%). Additionally, almost a quarter (23%) didn’t reach out for legal assistance because they didn’t think a legal professional could help with their problem.

“It may surprise many Americans to know that civil legal matters touch several areas of our lives,” said Flagg. “From the threat of eviction or foreclosure, to domestic violence incidents, to harassment from debt collectors, or experiencing natural disasters – these are all issues that can be helped with the guidance of an attorney, so it’s important that Americans know that and have access to the legal representation they need.”

Gender divide: Women were less likely to seek legal help than men when experiencing civil matters over the past three years (66% vs. 53%), including 79% of women vs. 48% of men who didn’t seek legal help when contacted by creditors or collection agencies.

Cost: Among Americans who did not seek legal assistance for a civil matter they experienced over the past three years, nearly a third (32%) did not do so because they were worried about the cost. When asked if they would know how to find legal representation for a civil matter if they needed it, young Americans are more likely to say they would not, compared to older groups (38%: 18-34; 27%: 35-44; 29%: 45-54; 28%: 55-64; 19%: 65+).

“It’s not enough to ensure that Americans know about the resources available to them,” said Flagg. “There is a gap in the legal services available to many Americans – especially low-income Americans – and as a result, many are not able to receive the help they need. This needs to change and it is what LSC as well as civil legal aid organizations around the country work toward every day.”

Survey Methodology

This survey was conducted online within the United States by The Harris Poll on behalf of Legal Services Corporation (LSC) from July 11-15, 2024 among 2,096 U.S. adults ages 18+. The sampling precision of Harris online polls is measured by using a Bayesian credible interval. For this study, the full sample data is accurate to within +/- 2.5 percentage points using a 95% confidence level.

Excerpts from the Talk Justice podcast

"...If we focus on housing cases, if a family is not evicted, their communities save money on shelter, their communities face savings in terms of healthcare, because people are on average, stay much more healthy if they’re able to stay in their homes. Educational results, employment results much better if evictions are avoided. All of those lead to positive returns on investment for those jurisdictions that make the investment. And those returns can be anywhere from $3 for every dollar invested to $13 for every dollar invested. There’ve been a wide range of studies, but they all show a positive return of multiples of the investment."

* * * * *

I was not surprised at the overall data showing that people thought they might have a right or they did have a right to a lawyer in civil cases. But I take some hope from it that people’s belief that they did have a right to a lawyer represented their belief that they should have a right to a lawyer if their home is in jeopardy, if their safety and security in a domestic relationship is in jeopardy, if their veterans benefits are in jeopardy, if their livelihoods are in jeopardy, these are life impacting events and they’re ones that we’ve created a justice system premised on the assumption that people will have lawyers when they’re dealing with the system. We either need to change the system or we need to fulfill our promise or premise that people will have the assistance they need to navigate the system properly. And we really need to educate people about this problem. And I’m hopeful that the younger generation will appreciate this more than those people my age have in the past and will really demand that the system treat everybody more fairly."

~ Ron Flagg, President of Legal Services Corporation

Further reading