Civil Gideon

Fulton County - Civil Gideon

Good afternoon. Yesterday, I discovered Fulton County - Civil Gideon. Which could be very helpful if you ask me and you. Civil Gideon

The Aba has long pursued the belief of "Civil Gideon" which, loosely defined, means the right to a lawyer in civil cases (Gideon v. Wainwright was, of course, the case that guaranteed the right to counsel for criminal defendants). At the Aba annual meeting in San Francisco in August, 2010, the resolution passed. The resolution can be accessed by clicking this sentence.

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This week the Fulton County Daily description published an description about a lawsuit in Georgia which attempts to warrant the right to counsel for definite civil defendants, particularly those at risk of incarceration for failue to pay child support. What a dilemma? While states such as Georgia are struggling to find funding to contribute lawyers for defendants in criminal cases, there are now lawsuits being filed, such as the one referenced above, to need funding for lawyers for defendants in civil cases. The goal is noble and well intentioned, but the potential pitfalls are numerous. For instance, why should only the defendant receive such assistance? maybe the plaintiff who may be filing to receive reserve is even more worthy of the public's assistance?

Should we, the taxpayers pay for lawyers for population who "may" be incarcerated? We do that for criminal defendants, so maybe why not for civil defendants. Yet for child reserve obligors, is that fair? The recipient has not been receiving child support, and may have to borrow money to hire her or his own lawyer. Of policy there are many government agencies that will file a case on the recipient's behalf, so maybe this new idea only levels the playing field? What I think makes more sense is an idea known as "unbundled legal services". In other words, we should permit lawyers to give guidance and not remain in the case the whole time. This way population could afford to have a lawyer's help at a hearing or other proceeding while not having to pay for discrete motions or other behind the scenes work. no ifs ands or buts it is better for the client to have a lawyer throughout. But if that is unaffordable, this may be a good alternative?

The charm of America is that we can have this debate. While aspirational goals are great, when there is only so much funding available, sometimes aspirations must yield to practicality. It will be thoughprovoking to see where this case goes.

Links to the actual case of Gideon v. Wainwright as well as to the Aba Resolution and discrete articles discussing each are available via my blog settled at: http://www.kssfamilylaw.com/blog/.

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