Of Arterial Passageways through the Legal Process: The Right of Universal Access to Courts and Lawyering Services
![handle is hein.journals/nylr48 and id is 619 raw text is: NEW YORK UNIVERSITY
LAW REVIEW
VOLU-XM 48 OcTomm 1973 NUtmM 4
OF ARTERIAL PASSAGEWAYS THROUGH THE
LEGAL PROCESS: THE RIGHT OF UNIVERSAL
ACCESS TO COURTS AND LAWYERING
SERVICES
LESTER BRICEJM*
The right of an individual to pursue his legal claims in court is
basic to our notions of fair play. Yet for millions of legally poor
Americans, the high costs involved in litigation effectively forecloso
resort to a judicial forum. Professor Brickman examines tids high
prie of justice from both constitutional and policy perspectives. He
concludes that the first amendment affords a viable basis for a right
of universal access to courts and lawyering services, and that the
direct and indirect financal impediments imposed by both the state
and the organized bar must be deemed constitutionally suspect.
I
INTRODUCTION
Be it ordeyned and enacted... that every pouer persone...
which have & hereafter shall have cause of action... ayenst any
persone... shall have... writtes originall and writtes of Sub pena
... therefor nothing pajeng to youre Highnes ... nor to any [other]
persone .... And that the seid Chaunceller... shall assigne suche
of the Clerkis which shall doo and use the making and writing of
the same writtes... and also Ierned Councell and attorneyes for
the same, without any rewarde taking therefor; And after the said
writte be retomed, if it be afore the King in his Benche, the
Justices ther shall assign to the same pouer persone... Councell...
which shall geve their Councelles nothing taking for the same, and
in like wise the same Justices shall appoynte... attomeies for the
same pouer persone... and all other officers requisite and neces-
* Professor of Law, University of Toledo College of Law. The author wishes
to express his appreciation to Susan Engelman and Alan Lerner, the former having
been a research assistant in 1972 and the latter having served in the same capacity
in 1973. Ms. Engelman is a graduate of, and Mr. Lerner a third-year student at,
the University of Toledo College of Law. This article results from experimental
courses and seminars in the legal profession which the author's colleagues at the
University of Toledo have been kind enough to allow him to pursue without
restraint.
Imaged with the Permission of N.Y.U. Law Review](ViewImageLocal?handle=hein.journals/nylr48&div=31&collection=&method=preview&ext=.png&size=3)
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Of Arterial Passageways through the Legal Process: The Right of Universal Access to Courts and Lawyering Services
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