Page 31 - Pierce County Lawyer - July August 2025

to understand a rule can have dire
consequences. U.S. Supreme Court
Justice Neil Gorsuch highlighted the
consequences of “too much law” in a
2024 New York Times interview, noting
that the average American cannot
possibly keep up with all the rules that
govern them and often lack the means to
hire a lawyer to help them navigate the
complexity of the system.3
The time and physical presence
requirements for court appearances can
be burdensome, especially for those
with limited resources or mobility
issues. Many court proceedings require
individuals to be physically present,
which can be challenging for those
who cannot take time off work, have
caregiving responsibilities, or face
transportation barriers. Additionally,
the time-consuming nature of legal
proceedings can deter individuals from
pursuing their cases, as they may not
3 David French, "Neil Gorsuch Has a Few Thoughts
About America Today," The New York Times, Aug. 4,
2024, available at www.nytimes.com/2024/08/04/opinion/
neil-gorsuchsupreme-court.html.
have the flexibility to attend multiple
court dates or wait for extended periods
for their cases to be resolved.
These barriers are not just incidental;
they are built into our system, making it
difficult for anyone without a lawyer to
effectively advocate for themselves. By
design, the legal system often prioritizes
procedural correctness over substantive
justice, further perpetuating inequities.
PRO BONO CAN’T DO IT ALONE
I have a certificate on the wall of my
office awarding me for pro bono work
I did in law school; I’m pretty sure if
you check the WSBA’s annual honor roll
you’ll see I have exceeded 50 hours in
every year of my practice. I say this not
to extol my virtues—many lawyers do far
more pro bono work than I do—but to
offer context for my perspective. While
pro bono work is crucial, it is not a
comprehensive solution to the access-to-
justice crisis our state faces. Additionally,
relying too heavily on pro bono efforts
can even sometimes divert attention
away from the broader structural issues
at play. It offers a temporary remedy to an
ongoing challenge, and we would benefit
from focusing more on addressing the
root causes that create the need for
legal assistance in so many everyday
situations.
There’s an apocryphal story of a kid on
a beach throwing sea stars back into
the ocean so they don’t dry out during
a particularly low tide. Someone comes
along and tells him that what he’s doing
doesn’t matter because he can’t possibly
save them all. “No,” he replies, “but it
Thankfully there are examples of how
we can design systems differently to
better serve legal consumers.
matters to the ones I save.” Pro bono
work is a lifeline to those who receive
support, and it can be deeply fulfilling.
However, the U.S. is grappling with an
access-to-justice crisis of such magnitude
that it can be difficult to grasp its scope.
And while pro bono efforts are often
celebrated as a solution, they cannot
carry the burden alone.
Pro bono work can make significant
inroads in addressing this access-to-
justice problem, but there simply aren’t
enough lawyers or hours in the day
to fulfill all of these legal needs. If 76
percent of the people with civil legal
needs are not finding legal help, that
means less than one-quarter of people
with civil legal needs are getting the help
they need from the current workforce
of attorneys. In the act of serving that
24 percent of civil legal needs that are
actually met, lawyers are working an
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