Randomized Evaluation in Legal Assistance: What Difference Does Representation (Offer and Actual Use) Make?

Yale Law Journal, Vol. 121, 2011

82 Pages Posted: 14 Nov 2010 Last revised: 6 Nov 2013

D. James Greiner

Harvard University - Center on the Legal Profession; Harvard University - Edmond J. Safra Center for Ethics

Cassandra Wolos Pattanayak

Harvard University - Department of Statistics

Date Written: July 29, 2011

Abstract

We report the results of the first of a series of randomized evaluations of legal assistance programs. This series of evaluations is designed to measure the effect of both an offer of and the actual use of representation, although it was not possible in the first study we report here to measure constructively all effects of actual use. The results of this first evaluation are unexpected, and we caution against both over-generalization and under-generalization.

Specifically, the offers of representation came from a law school clinic, which provided high-quality and well-respected assistance in administrative “appeals” to state ALJs of initial rulings regarding eligibility for unemployment benefits (these “appeals” were actually de novo mini-trials). Our randomized evaluation found that the offers of representation from the clinic had no statistically significant effect on the probability that an unemployment claimant would prevail in the “appeal,” but that the offers did delay proceedings by (on average) about two weeks. Actual use of representation (from any source) also delayed the proceeding; we could come to no firm conclusions regarding the effect of actual use of representation (from any source) on the probability that claimants would prevail. Keeping in mind the high-quality and well-respected nature of the representation the law school clinic offered and provided, we explore three possible explanations for our results, each of which has implications for delivery of legal services.

We conduct a review of previous quantitative research attempting to measure representation effects. We find that excepting the results of two randomized studies separated by more than thirty years, this literature provides virtually no credible quantitative information on the effect of an offer of or actual use of legal representation.

We discuss disadvantages, advantages, and future prospects of randomized studies in the provision of legal assistance.

Keywords: Legal Representation, Legal Aid, Legal Services, Litigation, Lawyer Effects, Randomized Control Trial, Selection Effects

JEL Classification: K41

Suggested Citation

Greiner, D. James and Pattanayak, Cassandra Wolos, Randomized Evaluation in Legal Assistance: What Difference Does Representation (Offer and Actual Use) Make? (July 29, 2011). Yale Law Journal, Vol. 121, 2011. Available at SSRN: https://ssrn.com/abstract=1708664

Daniel James Greiner (Contact Author)

Harvard University - Center on the Legal Profession ( email )

1585 Massachusetts Avenue
Wasserstein Hall, Suite 5018
Cambridge, MA 02138
United States
(617) 496-4643 (Phone)

Harvard University - Edmond J. Safra Center for Ethics ( email )

124 Mount Auburn Street
Suite 520N
Cambridge, MA 02138
United States

Cassandra Wolos Pattanayak

Harvard University - Department of Statistics ( email )

Science Center 7th floor
One Oxford Street
Cambridge, MA 02138-2901
United States

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