State open-courts clauses promise remedies but costs still deter many from consulting lawyers.

Evidence

The Nebraska Constitution provides that “[a]ll courts shall be open, and every person, for any injury done him in his lands, goods, person, or reputation, shall have a remedy by due course of law.” This and similar guarantees in other state constitutions reflect a commitment to the principle that all persons should have access to the courts for settling disputes and redressing injuries. Although litigants have the right to represent themselves, effective presentation of their claims often requires the services of an attorney; so do many other commonplace activities, such as drawing up a contract or a will, buying a house, or adopting a child. Nevertheless, purchasing the services of an attorney to resolve even routine legal problems can be expensive, and concern about costs may deter poor or middle-class people from consulting an attorney, even when they need legal assistance. — G. Alan Tarr, Judicial Process and Judicial…, 717

Categorization

• XREF: Connects the foundational value of equal access to justice to the practical economics of legal representation. — connects to: Litigation costs deter even disputants with legitimate grievances — G. Alan Tarr, Judicial Process and Judicial…, 1066; Continuing business relations avoided courts in favor of private settlement and arbitration — Lawrence M. Friedman, A History of American Law, 3065

Broader Connections

• Litigation costs deter even disputants with legitimate grievances #corroborates (0.88) — G. Alan Tarr, Judicial Process and Judicial…, 1066
• Continuing business relations avoided courts in favor of private settlement and arbitration #exemplifies (0.75) — Lawrence M. Friedman, A History of American Law, 3065