Consumer Law

U.S. Civil Justice in Free Fall

By Joe Consumer

The 30-year mission of corporate America to weaken the U.S. civil justice system -  with ?tort reform? like contingency fee limits, mandatory binding arbitration and other proposals to force people into alterative compensation systems (which we have criticized specifically for their bias here, here) - has finally yielded exactly the results they seem to want.

The World Justice Project issued a new report today ranking the ?rule of law? in 35 countries, including the United States. Full report here.

One of the four ?universal principles? WJP examined was ?access to justice,? defined as ?access to legal representation and access to the courts,? calling these principles a ?critical cornerstone for the implementation of policies and rights that empower the poor.?  As to civil justice, WJP  notes,

Access to civil justice requires that the system be affordable, effective, impartial, and culturally competent.  Impartiality includes absence of arbitrary or irrational distinctions based on social or economic status, and other forms of bias, as well as decisions that are free of improper influence by public officials or private interests.

Accessibility includes general awareness of available remedies, availability and affordability of legal advice and representation, and absence of excessive or unreasonable fees, procedural hurdles, and other barriers to access formal dispute resolution systems. Access to justice also requires fair and effective enforcement.

In ranking a country?s ?Access to Civil Justice?, WJP considered eight factors:  

8.1 People are aware of available remedies

8.2 People can access and afford legal counsel in civil disputes

8.3 People can access and afford civil courts

8.4 Civil justice is impartial

8.5 Civil justice is free of improper influence

8.6 Civil justice is free of unreasonable delays

8.7 Civil justice is effectively enforced

8.8 ADR systems are accessible, impartial, and effective

In every single one of these categories, U.S. civil justice was worse (e.g., more biased, harder for victims to access the courts and legal counsel) than in countries in Western Europe and North America as a whole, and other ?high income? nations throughout the world.  In fact, overall, the U.S. ranks last (7 out of 7) in the region, and last (11 out of 11) among high-income nations.  That's right.  LAST!

Access to civil justice has clearly sunk dramatically in the United States.  In fact, we've noted before this supreme irony: that while U.S. business and medical lobbies are running around trying to strip victims of their legal rights, China ? one of the world?s worst human rights abusers ? let alone having a pretty bad record on civil justice ? is working to greatly broaden access to civil justice for its citizens. 

"Tort reform" is not the only cause of the poor U.S. ranking, of course.  The disgraceful demise of legal service programs in this country is certainly a huge part of it. 

But when corporate and professional lobbyists continue to try to limit injured people?s access to counsel as well as the power and authority of judges and juries, or replace the civil justice system with statutory administrative structures over which corporate money can have more control, look for things to get even worse. 

Once a shining light in the world, the U.S. civil justice system is no more.  Thanks for nothing, corporate America.

Full post as published by ThePopTort on October 14, 2010 (boomark / email).