Supreme Court of Texas Chief Justice Wallace Jefferson co-wrote an op-ed piece in the April 5, 2010 Houston Chronicle with Vinson & Elkins’ Harry Reasoner titled, “Helping the Poor in Civil Cases.” The piece discusses the plight of those who cannot afford counsel: “Imagine you are poor and your landlord has illegally locked you out of your home, or your spouse is abusive but you do not know how to obtain a protective order, or that your insurer wrongly denies medical coverage for your sick child. Without access to a lawyer or the means to represent yourself, these basic human needs go unaddressed.”

The article bemoans the fact that Texas ranks 43rd in funding for legal services to the poor, and cites a nearly 75% decline in lawyers’ IOLTA trust accounts (interest on these accounts funds legal services to the poor).  Chief Justice Jefferson and Mr. Reasoner go on to discuss steps courts can take to make the legal process easier for unrepresented litigants.  The article sums up by saying, “We will continue aspiring toward the ideal that all litigants should be represented by competent counsel. In the meantime, these innovative programs can serve as models for Texas as we strive to address the challenge to give all our citizens the tools to protect their legal rights.”

With all due respect to these fine, honorable men, are they serious?  Do they truly believe the legal system can be tweaked so that pro se (unrepresented) litigants have a chance against the Vinson & Elkins of the world?  Why not address the reasons so many people cannot find a lawyer, and why lawyers’ IOLTA accounts are down 75%?  Those issues are related to a larger problem, one that will not be cured by the kindness of strangers or trying to teach non-lawyers how to represent themselves.

The larger problem is that our legislature and courts have placed barrier after barrier against the rights of individuals to sue corporations and insurance companies.  It has become increasingly difficult for lawyers to make a living representing “the little guy.”  From worker’s compensation (see my last post) to insurance claims, to that giant insurance boondoggle, “medical malpractice reform,” people with claims often find themselves unrepresented because the profit motive for the lawyer has been eliminated.

If Chief Justice Jefferson and Mr. Reasoner want to “fix” the problem, giving tools to unrepresented litigants is not the answer.  Giving them access to lawyers, by allowing more litigants to sue for attorney’s fees and providing adequate rights of recovery against landlords, insurance companies and corporations, is a remedy that will work.

These problems are not going to be resolved until we elect legislators and judges who view protecting the rights of individuals as the paramount duty of the law.  Let’s roll back anti-consumer, anti-employee, anti-patient, anti-tenant, anti-victim laws and reverse court decisions that have served the interests of a few Texans at the expense of the many.  Then, we might see a positive change of the type to which Chief Justice Jefferson and Mr. Reasoner aspire.

Our legal system works when both sides have a legal playing field.  Our legislature and courts have been protecting insurance companies and corporations for too long.  Fortunately, we have a remedy for that…every November.