e-journal
RATIONING LEGAL SERVICES
ABSTRACT
There is a deepening crisis in the funding of legal services in the USA with cut backs in
Legal Services Corporation and Interest on Lawyers Trust Account funding, rendering
more visible the fact that there is and always will be persistent scarcity in the availability
of both criminal and civil legal assistance. This article examines how existing Legal
Service Providers (LSPs), both civil and criminal, should ration their services when they
cannot help everyone. I draw on the bioethics literature on the allocation of medical
goods (organs, ICU beds, vaccine doses, etc.) to illuminate the problems facing LSPs and
the potential rationing principles they might adopt.
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