Justice

A couple of thoughts and my observations about our justice system, inspired by today's sermon at church...I think the system ought to be about finding the best resolutions to problems, hence RRJ's slogan "Providing practical solutions."

One of the things I've noticed, and I know I'm only one of many in a long line of past observers, is that the poor are denied access to the justice system--the system, for the most part, requires a good deal of money for access, in fact. This means, then, that the "haves" take advantage of the "have-nots", and I was particularly repulsed by an example of this a couple of weeks ago--a couple of attorneys and their client went way beyond the bounds of decency and the Probate Code, apparently figuring their victim wouldn't have the resources to fight it. We found a way to help, but there are plenty of others I can't.

I'm encouraged by the Hon. Aviva Bobb's efforts to improve self-help access in the downtown Los Angeles probate court--now that she's retired, I hope it continues. It's made a tremendous difference in helping those with conservatorship needs who didn't have much money or had cases where it wouldn't have made sense to pay attorney fees.

The rise of mediation has also helped in giving clients a forum to voice the emotional aspects of a case, not just the legal ones, which usually means faster and cheaper settlements. Once they feel their concerns have had a fair hearing, they're more inclined to agree to a solution that addresses them--these concerns may not have ever had a chance of being addressed by the legal system. It reminds of me of my disillusionment on the debate team in college--my professor stressed that it was a truth-seeking activity, but it seemed much more a truth obfuscation activity to me...an adversary system in court doesn't always, and can't always, produce accurate and just results, so finding a solution with the help and true understanding of those involved in a lawsuit has a better chance of producing a just result.