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11 UC Irvine L. Rev. 811 (2020-2021)
What the Access to Justice Crisis Means for Legal Education

handle is hein.journals/ucirvlre11 and id is 824 raw text is: What the Access to Justice Crisis Means
for Legal Education
Kathryne M. Young*
Despite enormous social, legal, and technological shifts in the last centur, the structure
of legal education has remained largely unchanged. Part of the reason so little change has
occurred is that the current model mostly works; it produces a professional class of lawyers
to populate the ranks of law firms and government entities. At the same time, for decades,
legal education researchers have considered it practicaly axiomatic that law school has room
for improvement.
In this Article, I argue that the access to justice crisis-a deficit of just resolutions to
justiciable civiljustice problems for eveyday people-compels an overdue examination of legal
education's scope and purpose. If we assume that lawyers should have a major role in solving
the access to justice crisis, as opposed to simply meeting individual legal needs, law schools
must prepare lawyers to serve this role. I point to three categories of improvement that centering
access to justice would necessitate: teaching a greater versatility of thinking and
problem-solving, imparting a broader understanding of the ecosstem ofjusticiable problems
and lawyers' place in it, and structuring law school to impart the cognitive cornerstones needed
for successful legal practice.
Placing access to justice at the center of legal education would strengthen, not supplant,
the traditional model. In addition to equipping lawyers to address eveyday Americans' justice
problems, this Article's proposals would make the legalprofession nimbler and more resilient
to social, economic, and technological changes, and help overcome some of the profession's most
intractable problems.
*JD, PhD, Assistant Professor, University of Massachusetts, Amherst; Access to justice Faculty Fellow,
American Bar Foundation. Correspondence may be sent to young@umass.edu. I am grateful to
colleagues who provided invaluable feedback, including Steven Aggergaard, Swethaa Ballakrishnen,
Elizabeth Chambliss, Kristen Holmquist, Lisa R. Pruitt, Ann Southworth, and Michele Statz. Enormous
thanks to Emily Taylor Poppe for organizing the Thinking About Law & Accessing Civil Justice
conference at UCI Law, to Carroll Seron for her generous commentary on this paper, and to the other
symposium participants for their collegiality and thoughtful critique. Thank you also to the members
of the UC Irvine Law Review, who provided useful suggestions and careful edits. Conversations with
Meera Deo, Bryant Garth, Liz Gaudet, Marc Miller, Rebecca Sandefur, Sudha Setty, Carole Silver, and
Molly Van Houweling shaped my thinking as well. Finally, I am indebted to the scholars at the Center
for the Study of Law & Society at the University of California, Berkeley, especially Catherine Albiston,
Calvin Morrill, Jonathan Simon, and Rachel Stern, for formative discussion of an early draft.

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