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Consumerism and Legal Services: The Merging of Movements

Published online by Cambridge University Press:  01 July 2024

Abstract

The traditional emphasis on individual legal problems and their solution through “access” to legal services is seen here as being inadequate to produce general change in economic and political institutions. The concept of access is explored in the forms of freedom of information, prepaid legal services, and extralegal group action; examples of each are given.

Institutional reform, it is suggested, can be brought about by creating a balance of power between consumers and large institutions. A “checkoff” system is described and put forward as a means of organizing consumers to use the evidence of individual complaints to advocate institutional change, something that legal services, as presently structured, do not do. Monopolies such as the utilities and the post office would be required by state law to solicit voluntary contributions from their customers to support a consumer action movement—“a piggyback ride so they can organize themselves.”

The interrelationships between group legal services and these piggyback consumer groups are pointed out: the accumulation of individual case evidence and the promotion of cooperative institutions that would provide legal representation as one of their satellite services. These lawyers could press for government reform of procedural restraints on consumer class actions.

Possible conflicting interests between conservative sponsoring consumer groups and their progressive legal service staff are recognized and ways to avoid them are discussed. One solution offered is to permit lawyers a broader range of activities by relaxing the legal profession's self-restrictions. Law schools are urged to reevaluate what they should teach and to require more analysis and investigation of government and corporate structures in their clinical education. This would ensure a starting point for the continuation of reform in the legal system.

Type
Research Article
Copyright
Copyright © 1977 by the Law and Society Association.

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