Deconstructing the Right to Counsel

American Constitution Society - Issue Brief, July 2014

Georgia State University College of Law, Legal Studies Research Paper No. 2015-17

15 Pages Posted: 6 Jun 2015 Last revised: 19 Jan 2017

See all articles by Lauren Sudeall

Lauren Sudeall

Georgia State University College of Law

Date Written: July 1, 2014

Abstract

In this American Constitution Society (ACS) Issue Brief, Lucas explores the civil right to counsel as it applies to pro se litigants bringing or defending against claims in the areas of “basic human need,” such as shelter, sustenance, safety, health and child custody. She contends that, rather than focusing on the formal requirement of counsel, the right should be distilled down to its core elements, exploring the role counsel is intended to serve and why it is needed in civil cases. By deconstructing the right to counsel in this manner, Lucas sets forth a framework for evaluating the non-counsel alternative proposals emerging from the recent civil right to counsel debate that could potentially lay the groundwork for a newly formulated, more substantive version of the civil right to counsel.

Keywords: Right to Counsel, Civil, Criminal, Sixth Amendment

Suggested Citation

Sudeall, Lauren, Deconstructing the Right to Counsel (July 1, 2014). American Constitution Society - Issue Brief, July 2014, Georgia State University College of Law, Legal Studies Research Paper No. 2015-17, Available at SSRN: https://ssrn.com/abstract=2614462

Lauren Sudeall (Contact Author)

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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