Enhancing Legal Aid Access Through an Open Source Commons Model

Abstract

High quality legal services, in both civil and criminal matters, are beyond the financial reach of many people. This poses a challenge to the legitimacy of civil, democratic societies founded on the notion of equal justice. In parts of Europe, access to counsel (at least in theory) is already being accepted as a right in both civil and criminal matters. In the United States, legal aid, at least in the civil context, continues to be considered more a charity than a right. This Article explores the commons movement as a potential model to broaden legal access. With minimal financial and capital requirements, commons can make a dramatic impact on the way legal resources are accessed, including in countries like the United States.

Keywords: commons, legal aid, open source

JEL Classification: O34