We Need a Justice System, Not a Legal System (an Inside Look)

In the United States, above all things, the legal system should be fair, but instead, it is big business.

Additionally, engaging the legal system should not be a major financial decision, but for millions of people in America, it is. Yet, it is also difficult to imagine that this grim reality was one of the original goals defined by those apt gentlemen who created and signed the Declaration of Independence as they chased the dream of a country that could consistently provide the opportunities of life, liberty and the pursuit of happiness in equal doses to all.

Unfortunately, the legal system that has evolved in the United States, does guarantee equal protection, representation or opportunity to each and every citizen. Perhaps, upon being founded, the legal system should have been foregone and instead replaced by the notions of a justice system. In a justice system, the fair assumption would be that justice as determined by reasonable peers, would prevail. In stark contrast to a justice system, the modern legal system permits those individuals with the most money to prevail. And this, quite simply does not often lend itself to any form of justice, regardless of how remote that form may long to be.

If a person Googles, “average cost per hour for an attorney”, that person will learn that an attorney in rural areas may earn between $100 and $200 per hour, while the slicker, big city attorneys are in the average range of $400 to $600 per hour. Extrapolating this information over a 40 hour work week for one year, the lowest paid full-time lawyers on the attorney totem pole are earning over $200,000 a year ($100 per hour x 40 hours per week x 52 weeks per year = $208,000). When considering this dim reality, it quickly becomes obvious that the average citizen does not possess the means to pay even the cheapest attorney for any significant length of time.

Upon further examination of the facts, we must consider salaries and wages. The minimum wage varies from state to state. As per the 2016 National Conference of State Legislatures, two states have now passed laws to raise the minimum wage to $15 per hour. California was the first state to pass such laws. This state has now formally required employers to pay $15 per hour by January 1, 2022. New York quickly followed suit, passing legislation requiring employers to pay $15 per hour by July 1, 2020. This means that once the minimum wage is actually increased, earners in each of these states, will be able to afford an inexpensive rural attorney for 39 days by spending an entire year of wages earned ($15 per hour x 40 hours per week x 52 weeks per year = $31,200 annually / $100 per hour for an attorney = 312 total hours / 8 hours per work day = 39 days). However, if someone in a big city needs to hire an attorney and is making $15 per hour, that person can afford an attorney for less than 10 days by spending an entire year of wages earned ($15 per hour x 40 hours per week x 52 weeks per year = $31,200 annually / $400 per hour for an attorney = 78 total hours / 8 hours per work day = 9.75 days). Clearly the minimum wage earner will not have fair or adequate representation, for any real length of time in the current legal (not justice) system, against any sizable entity whose coffers may be ever so scantily lined with rotting cash.

According to the U.S. Census Bureau, the real (inflation adjusted) median household income in the United States was $51,939 (or $24.97 per hour) in 2013. The United States Consumer Law Attorney Fee Survey Report for 2013-2014, published statistics on attorney’s fees by geographical region. It also separated small firms and large firms into different categories. The lowest average hourly rate available from any law firm in the United States, is $253 (available in the Pacific States of AK, HI and WA), which is billed by small firms. Whereas, the biggest average hourly rate required by law firms in the United States is $546, billed by large firms in North East (CT, MA, MD, ME, NH, RI and VT). This means that the average American income, at the cheapest average hourly rate in the United States, would be able to afford legal representation for less than 26 days ($51,939 annually / $253 per hour for an attorney = 205.29 total hours / 8 hours per work day = 25.66 days), while the lowly, average, full time attorney billing $253 per hour earns $526,240 per year ($253 per hour x 40 hours per week x 52 weeks per year).

And, if a person happens to be in need of legal representation or was falsely accused of a crime and is in need of a defense, that person faces a painful reality. But, don’t forget that this pendulum swings both ways, just ask O.J. Simpson, who perhaps bought his way out of a murder conviction by spending an exorbitant amount of money on attorney fees.

Also, please be aware that this disparity does not stop with these details. Moving away from the low and average range for attorney’s fees, forces our attention only in the upward direction. A large group of attorneys easily make over $1,000 per hour and many of those proponents of a fair legal system claim to bill at double that amount. For example, the notorious bankruptcy attorney Theodore Olsen (although I bet all of his friends just call him Teddy the Bankruptcy Bear) is on record for billing $1,800 per hour, according to court filings in the LightSquared Inc., wireless network bankruptcy case filed in 2012. But the thick, brown, gravy train doesn’t stop to even glance at that billable fee as it trucks on down golden plated tracks. Berge Setrakian and Ralph Ferrara were both reported to make approximately $12.5 million in 2011. Again, simple math tells us that a person earning $12.5 million, who works 40 hours a week for 52 weeks per year, is earning $6,009.62 per hour, which makes a teacher’s salary pale in humble comparison.

Additional figures that do not bode well for most Americans in need of legal representation are the following supplementary facts. As per the U.S. Embassy.gov website, the average time for a jury trial is 4 days for civil cases and 5 days for criminal cases (at least, in 2009). However, cases do not start in trial and they often take a substantial amount of time to get there. To help illustrate this point, a person must first be arraigned. After arraignment, the preliminary hearing phase usually takes 5 to 6 days. In the case of misdemeanor charges, the next step in the legal system is the motions and hearing phase. This typically takes 3 months, but may also exceed 2 years, during which time an attorney is billing the client to file court documents and respond to documents filed by the opposition’s legal team. Based on this reality, the average American may run completely out of cash long before the case ever makes it to trial, in which case, justice is not part of the destination and possibly never even made it onto the legal landscape map.

For business, this dynamic is even worse, because numerous states permit an individual to file “pro per” on behalf of a business. This means an individual or owner chooses to represent him/herself, even though state laws might clearly require a business to be represented by an attorney in a court of law. In systems such as these, the individual may file the case on behalf of a company and begin paying court fees only to learn at a later date that an attorney is required to move the case forward. These legal systems actually cause financial harm and damage to the suffering individual in addition to the actual damages that motivated the case to be filed in the first place. With a minimal amount of expectations, one should be able to assume that engaging the legal system, unto itself, should not inflict a greater financial wound on the already injured party, but it does.

That said, it isn’t just the structure of the laws that make a mockery of the legal system, it is also the system itself. Fortunately, in an effort to dive deeper into the vastness of this overwhelming problem, we may also turn to the US Federal Government for more insight. Twice each year, it publishes statistics on the Federal Court System. Please note however, that these statistics do not include any of the non-federal courts, such as the state and municipal courts.

First, understand that there are 9 different Federal Court Systems:
1. U.S. Courts of Appeals
2. U.S. Court of Appeals for the Federal Circuit
3. U.S. District Courts – Civil
4. U.S. District Courts – Criminal
5. Federal Probation System Courts
6. U.S. Bankruptcy Courts
7. Federal Pre-Trial Service Courts
8. U.S. District Courts – Grand and Petit Jurors
9. the U.S. Federal Courts.

And, let’s not forget that the first court on that lists, consists of thirteen different courts:
1. U.S. Court of Appeals for the First Circuit
2. U.S. Court of Appeals for the Second Circuit
3. U.S. Court of Appeals for the Third Circuit
4. U.S. Court of Appeals for the Fourth Circuit
5. U.S. Court of Appeals for the Fifth Circuit
6. U.S. Court of Appeals for the Sixth Circuit
7. U.S. Court of Appeals for the Seventh Circuit
8. U.S. Court of Appeals for the Eighth Circuit
9. U.S. Court of Appeals for the Ninth Circuit
10. U.S. Court of Appeals for the Tenth Circuit
11. U.S. Court of Appeals for the Eleventh Circuit
12. U.S. Court of Appeals for the District of Columbia
13. Supreme Court of the United States (Court of Last Resort)

After a quick glance, it becomes quite apparent that an individual not only needs an attorney to understand the laws and the intention of those laws, a person may also need the assistance of an attorney to grasp the purpose of each of these courts and the appropriate place to begin seeking “justice” by filing a case in the proper court, since there are soooooo many to choose from.

Truly, it is unfortunate that a person literally has no individual rights unless that person knows the law and most Americans can’t afford to pay an attorney to know the law. So then, how free is the land of the free and the home of the brave when freedom and fair legal representation require money to attain?