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+The World Justice Project recently released its annual assessment of the "rule of law" as practiced by 102 countries across the globe. To put it mildly, the report contains disturbing findings on the state of civil justice in America. This independent analysis placed the U.S. in 65th place on the affordability and accessibility of our legal system, tied with those stalwarts of civil justice Botswana and Pakistan. Stunning, you say? Juan Carlos Botero, executive director of the WJP, a group led by a stellar board chosen from the highest ranks of the American legal profession, doesn’t think so. "We have done this study year after year," says Botero, "and have always found the same thing...(civil justice) is significantly more accessible and affordable in Western European countries than it is in the United States." Botero is being kind. According to the WJP’s report, not only do most advanced nations like Britain, Norway, Sweden and Germany outrank the US; so, too, do Third World countries like Moldova, Sri Lanka, Honduras, Colombia, Venezuela, and even Iran, Bulgaria and Russia. Why, in the United States, where we value equality and fairness, do we fail so miserably at providing access to justice for those who feel that they have been wronged? One plausible explanation is the extreme economic imbalance that exists in America’s judicial system, favoring parties with the deepest pockets. This is truer than ever in the civil context, where litigation has become an enormously expensive proposition for businesses and individuals without substantial financial resources. In addition to the cost of obtaining quality counsel there is the ever-expanding price tag associated with trial discovery, § Marked 21:23 § compounded by funds needed for a whole battery of trial necessities – from witness preparation to jury research, plus the small fortune needed in reserve in the likely event of an appeal. In short, litigation has become America’s biggest money pit and good luck to any claimant who can’t ante up the stakes, no matter how righteous the cause. |