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The access to justice gap: Why traditional law firms are failing underserved communities

Key points this article will cover:

  1. How traditional law firm structures create barriers for low- and middle-income clients.
  2. The systemic issues driving the access to justice gap.
  3. Innovative solutions law firms can adopt to bridge this divide.

The legal profession has long prided itself on upholding justice, yet millions of people in the U.S. are unable to access even the most basic legal services. From navigating family law disputes to defending against eviction or debt collection, low- and middle-income individuals often find themselves priced out of the legal system entirely.

Traditional law firms, designed to serve corporate clients and high-net-worth individuals, are failing to meet the needs of underserved communities. This access to justice gap isn’t just a moral failing, it’s a systemic issue that undermines the credibility of the legal system itself.

The structural barriers to access

At the heart of the problem is the way traditional law firms operate. Their business models prioritize high hourly rates and long-term client relationships, leaving little room to serve individuals with limited budgets.

For example, the average hourly rate for a lawyer in the U.S. is over $300, making even a simple consultation prohibitively expensive for many (Clio, 2023). Legal aid organizations and pro bono programs attempt to fill the gap, but demand far outstrips supply. The Legal Services Corporation reports that 86% of civil legal problems faced by low-income Americans receive inadequate or no legal assistance (LSC, 2017).

Systemic issues perpetuating the gap

The access to justice gap isn’t just about cost, it’s also about availability and representation.

One major issue is the geographic distribution of legal services. Rural areas, in particular, suffer from attorney shortages, leaving entire communities without access to legal representation. A 2025 report by the American Bar Association found that 40% of U.S. counties had fewer than one lawyer per 1,000 residents (Holzschuh, 2025).

Another issue is the complexity of the legal system itself. Navigating court procedures, filing deadlines, and legal jargon can be overwhelming for individuals without legal training. This complexity disproportionately affects marginalized communities, exacerbating inequalities in areas like housing, employment, and immigration.

Innovative solutions to bridge the gap

To address the access to justice gap, the legal profession must embrace innovation and rethink traditional models of service delivery.

One promising approach is the rise of legal technology. Online platforms like LegalZoom and Rocket Lawyer are democratizing access to legal resources, offering affordable tools for tasks like drafting wills, filing incorporation documents, or creating contracts. While these platforms aren’t a replacement for full legal representation, they provide valuable options for individuals who would otherwise go without assistance.

Unbundled legal services are another innovative solution. Instead of requiring clients to retain a lawyer for an entire case, unbundling allows individuals to pay for specific services, such as document review or courtroom representation. This model reduces costs and makes legal help more accessible to those with limited means.

Community legal clinics and nonprofit law firms are also stepping up to fill the gap. These organizations focus on providing affordable or free services to underserved populations, often supported by grants, donations, and volunteer attorneys. Expanding funding for such initiatives is critical to closing the justice gap.

The role of law firms in driving change

Traditional law firms have a unique opportunity, and responsibility, to be part of the solution. By dedicating resources to pro bono work, offering sliding-scale fees, or partnering with legal aid organizations, firms can help bridge the gap without compromising their bottom line.

Some firms are already leading the way. For example, the Justice Entrepreneurs Project in Chicago trains lawyers to run socially conscious practices, focusing on affordable services for low- and middle-income clients (JEP, n.d.). Initiatives like this demonstrate that it’s possible to align profit with purpose.

A profession at a crossroads

The access to justice gap is a challenge that no single entity can solve alone. It requires a coordinated effort from law firms, legal tech providers, nonprofit organizations, and policymakers. By rethinking how legal services are delivered and who they’re designed to serve, the profession can take meaningful steps toward a more equitable system.

The question is not whether change is possible, it’s whether the legal industry is willing to embrace it.

Sources:

  1. Clio. (2023). 2023 Legal Trends Report. https://www.clio.com/resources/legal-trends/2023-report/read-online/
  2. Legal Services Corporation (LSC). (2017). The justice gap: Measuring the unmet civil legal needs of low-income Americans(Executive Summary). https://www.lsc.gov/sites/default/files/images/TheJusticeGap-ExecutiveSummary.pdf
  3. Holzschuh, S. (2025). Incentivizing attorneys to work in the legal deserts of rural America. American Bar Association. https://www.americanbar.org/groups/young_lawyers/resources/tyl/public-service/incentivizing-attorneys-to-work-legal-deserts-rural-america/
  4. Justice Entrepreneurs Project (JEP). (n.d.). About us. JEP. https://jepchicago.community.lawyer/pages/about