^^^ CB: I was feigning "resentment" (hoped to indicate it with two smilies). No offense taken.
^^^^^
i was alluding (or attempting to do so) to disadvantages accruing to low-income people in civil procedings...you're, no doubt, more familiar than i - a non-lawyer - with references to civil courts as courts of the *haves*...
research i've seen indicates that poor find it harder to receive counsel in civil than in criminal cases because of money matter that you mention, result is they do not have the same level of access to counsel in civil cases as they do in criminal ones...
^^^^^ CB: Yes, though our services are free. So, it does cost any money to get our civil counsel, if somebody meets the HUD guidelines ( _very_ limiting; more and more limiting as Reaganism has eroded the 60's-70's rise of legal services for the poor) to be in our program. The money problem comes in in making them defendants for non-payment of rent or not paying taxes on their house.
moreover, they may not understand that they have a cause of action against a powerful party, hence, they may not pursue a valid claim (in contrast, more affluent are more likely to seek legal recourse) *and* they are more likely to sense that pursuit of a civil claim will be unsuccessful when they do perceive that they have a legitimate claim...
on the other hand, despite well-known problems associated with public defenders, studies indicate that when they go to trial they are about as likely to win a case and are as disposed to make motions and raise challenges to prospective jurors as are their generally more experienced counterparts in the d.a.'s office... Mh
^^^^^^ CB; All you say comports with my experience. I do have an anecdotally based hypothesis.
Recently, I have been saying that poor civil clients get as much legal help as rich ones. Both get more than the "middle". Why ? In legal services, people get free legal services. So, they feel free to call me as much as they want, because they are not charged for everytime they contact me. I got one client who it seems has called me twice a week for about two years. I tell her stop calling me so much. She just keeps calling: "I'm sorry, Mr. Brown. I know you told me not to call you so much, but...." If she was being charged by the hour , I'd have about $50,000.
By the way, a check on poverty civil lawyers giving full service is that fact that we _can_ be sued for malpractice, like anybody else. Most of my worry is that I may miss some procedural deadline, or point of law because I have to go into unfamiliar areas of law often and figure them out.