Messaging Civil Legal Aid - FINAL Celinda Lake Messaging ... · 5 66 58 62 57 59 63 57 42 58 50 12...
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1 Messaging Civil Legal Aid Presentation of research findings from eight focus groups and a survey of voters conducted between 2013 and 2015 Celinda Lake, Daniel Gotoff, and Dawn Hoffman Washington, DC | Berkeley, CA | New York, NY LakeResearch.com 202.776.9066
Transcript of Messaging Civil Legal Aid - FINAL Celinda Lake Messaging ... · 5 66 58 62 57 59 63 57 42 58 50 12...
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Messaging Civil Legal Aid
Presentation of research findings from eight focus groups and a survey of voters conducted between 2013 and 2015
Celinda Lake, Daniel Gotoff, and Dawn HoffmanWashington, DC | Berkeley, CA | New York, NYLakeResearch.com202.776.9066
Overview• Lake Research has conducted several phases of research on behalf of on
behalf of Voices for Civil Justice over the past several years.
• The initial 2013 research included voter focus groups and a survey, exploringbaseline attitudes toward Civil Legal Aid—including relevant institutions,program components, messages, and actors—as well as support forincreasing funding for Civil Legal Aid.
• Additional focus groups in 2015 further refined the language, messages, andmessengers that should be used in a message campaign seeking to advanceaccess to Civil Legal Aid, as well as to grow support for the Conference ofChief Justices’ resolution, “Meaningful Access to Justice for All.”
• More recent research confirmed the findings of previous research thatobserved low levels of awareness about Civil Legal Aid, but broad support forthe principles that underpin the program.
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The current climate suggests messages in support of civil legal aid may bemore relevant than ever:
• Notions of ‘fairness’ and ‘access’ extend beyond the justice system to other salientissues like access to healthcare and immigration. For example, amidst threats to repealthe Affordable Care Act, a recent Pew survey (January 2017) finds a growing share ofAmericans believe the federal government has a responsibility to make sure allAmericans have healthcare coverage (60% government responsibility, 38% notgovernment responsibility).
• In the wake of the travel ban, major news outlets around the country ran headlines andimages showing the rush of support from the legal community to offer their servicespro-‐bono to individuals impacted by the ban.
• This may present an opportunity to engage Americans on issues related to civil legal aid– many groups have announced their intention to mobilize services and supports formarginalized groups negatively impacted by new policies.
• What’s more, proposed budget cuts impacting people with disabilities, seniors, andothers, might provide additional openings to talk about issues related to basic fairnessand the cause of civil justice.
• While Voices for Civil Justice has plans to further refine and test messaging movingforward, we should assume existing messaging continues to resonate and advance thecause of Civil Legal Aid locally and nationally.
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Overview of Findings
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Pro-‐bono lawyers
Legal aid self-‐help centers
Legal aid lawyers
Civil legal aid
The justice system
Courts
Civil legal services
Court self-‐help centers
Lawyers
The civil justice system
UnfavorableNet NO/NH
+53 22
Favorability Ratings
Favorable
+ 4828
+44
8
+36
10
+24 8+22 21
+52
+27
+36
+50
33
31
51
36
Now I'd like to ask you about some terms. For each, please tell me whether you have a VERY favorable, SOMEWHAT favorable, somewhat UNFAVORABLE, or VERY unfavorable impression. If you have heard of the term but do not know enough to have an impression [5] or if you haven’t heard of the term [6], just say so, and we will move on. Have you heard of [READ NAME]
Darker colors indicate intensity.
The civil justice system and Civil Legal Aid are both viewed favorably, butimpressions are thin. “Pro-‐bono lawyers” and “legal aid self-‐help centers” elicitthe most positive responses.
Majorities register dissatisfaction with the workings of both the justicesystem in general, and the civil justice system in particular.
6
26
69
4228
Excellent /good Just fair /poor Undecided
The justice system
34
60
63 19
Excellent /good Just fair /poor Undecided
The civil justice system
Darker colors indicate intensity.
How would you rate the job the justice system is doing? Is it doing an excellent, good, just fair, or poor job?How would you rate the job the civil justice system is doing? Is it doing an excellent, good, just fair, or poor job?
Job Performance
Negative Advantage: +43 Negative
Advantage: +27
There is a large discrepancy between the perceptions of the importanceof access to Civil Legal Aid and one’s actual ability to access such aid.
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45
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1 1
Extremely important
Very important
Somewhat important
Not too important
Not at all important
Importance of Access
How important is it to ensure everyone has access to legal help or legal representation for civil legal matters? Is it extremely important, very important, somewhat important, a little important, or not at all important? On a scale from 1 to 10 with 1 being extremely easy and 10 being extremely difficult, how easy or difficult do you think it is to obtain legal help or legal representation for civil legal matters?
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22
16
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10
1-‐4
5
6-‐7
8-‐9
10
Access Difficulty
Easy
Neutral
Increasing Difficulty
Extreme Difficulty
40% Difficult82% believe it is important to
ensure everyone has access tolegal help or legal representationfor civil matters
“It just depends how much money the person has and what lawyers they can
get.” Richmond man -‐ Whites
There is a consensus that the justice system is inherently unfair, failing toserve all people equally—with wealth a major factor.
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“I feel like it’s a second story window. Access to justice is accessible to those with the stilts.” –
Denver man -‐ Millennials
“Oh I was gonna say that whether we want to believe it or not I think we live in a very racist society and I think it
breaks down. I mean you see it when the preponderance of inmates are 95% African-‐American and they don’t have any money. And you get a little white boy in there that has a lot of money, he’s not going to jail. It’s not fair but seems to be the way of the world” – Richmond woman -‐
Whites
“You know I do feel like a lot of minority people do get…prosecuted for things that
some of other people might not get prosecuted for. I do feel like that
happens.” – Richmond woman -‐ Whites
“I'm more of a conservative but, but I think this is important, when they say justice for all they should mean it including for civil cases.” – Denver woman -‐
Latinos
“I’m black, if I commit a crime in Texas, do you really think I’m going to get a fair trial in Texas, or Kentucky? And I would have to say no.” Richmond woman – African American
The criminal justice system is the cultural ‘default’ for the ‘justice system’.
• “Well it just seems that there’s been an awful lot of focus on negativity as far as policeand brutality and that sort of thing rather than you know…obviously they do awonderful job. 99% of the police force is great but when you have certain individualsthat think they have more power than one individual that’s when it gets a little scary.”Richmond woman – Whites
• “The war on drugs backfired in a big way, over-‐incarcerating in particular blacks suchthat a huge proportion of African-‐Americans are behind bars for really minor offensesor what most people would call minor offenses but the law calls serious.” Richmondwoman – Whites
• “I actually did hear something good about, it was an officer just this week, there was afight going on at school and she just like hopped in the middle of them and starteddancing the nae nae. (laughter) And like the girl, the girl stopped fighting and starteddancing with her.” Denver man – Millennial
• “….Part of our society problems are that um people aren't really being punished howthey should be or you know they're, they're getting too many chances; whether it's likedriving under the influence,” Denver man – Latinos
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Voters have concerns about a glut of ‘frivolous’ lawsuits, including theimpact of such on their own finances. The tort reform movement—andits lexicon—has had strong traction.
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– “But then if the problem with that is, okay, yeah anybody can start but then thattakes resources and time away from me and that I have to defend a frivolouslawsuit.” Denver man – Millennial
– Things you would do…. “Punish people who bring too many frivolous lawsuits.”Denver man – Latinos
– “Yeah frivolous lawsuits. There would need to be some rules laid down as to whatcould be brought to court. “ Denver woman – Latinos
– “I would just add one thing, that the case should be determined to be non-‐frivolousfirst, you know just because a lot of people might take advantage.” Denver woman– Latinos
– “Everybody can file now whether it's frivolous, meaningless, whatever you can...”Richmond woman – African Americans
– “The courts are already backlogged with frivolous lawsuits as it is.” Richmondwoman – African Americans
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73
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Provide easy to understand forms that people can use to file their
lawsuit
Provide legal assistance so people can know their rights
Provide online legal assistance so people can know their rights and
remedies
Provide legal representation to those who cannot afford it
Provide easy to understand online forms that people can use to file
their lawsuit
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Services Provided – Tier 1
Voters most prefer civil legal services that provide access or assistance to help people know their rights. ‘Online’ services are more desirable among younger audiences, less so among older.
NetFavor -‐ Oppose
+86
Now I will read a list of services provided by civil legal aid organizations. Please tell me for each item, whether you strongly favor, somewhat favor, somewhat oppose, or strongly oppose each service. [REPEAT PROMPT AFTER EVERY 3rd ITEM] Do you strongly favor, somewhat favor, somewhat oppose, or strongly oppose providing this service.
Each asked of ½ the sample. Darker colors indicate intensity.
+90
+89
+82
+85
Under 50: 72/94Over 50: 73/93
Under 50: 72/94Over 50: 59/87
Under 50: 68/94Over 50: 70/93
Under 50: 69/96Over 50: 68/89
Top service in previous research
Strongly Favor Total Favor
90
90
88
91
90
89
65
65
64
63
61
61
Provide self-‐help centers where court staff can help people learn what they have to do to present their cases
Provide self-‐help centers where people can learn what they have to do
to present their cases
Have legal aid lawyers provide legal representation to those who cannot
afford it
Provide guidance and advice to solve civil legal problems
Reduce the number of court cases through mediations and other legal assistance, thereby freeing up the
courts
Provide free legal representation to those who cannot afford it
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Services Provided – Tier 2
The second tier of services that voters prioritize emphasizes self-‐help centers, legal aid lawyers, and reducing the amount of court cases through mediation.
+82
Now I will read a list of services provided by civil legal aid organizations. Please tell me for each item, whether you strongly favor, somewhat favor, somewhat oppose, or strongly oppose each service. [REPEAT PROMPT AFTER EVERY 3rd ITEM] Do you strongly favor, somewhat favor, somewhat oppose, or strongly oppose providing this service.
Each asked of ½ the sample. Darker colors indicate intensity.
+82
+81
+88
+85
+82
Strongly Favor Total Favor
NetFavor -‐ Oppose
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58
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64
67
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For children and parents who are denied child support
For seniors who are denied lawful benefits like social security and Medicare
For seniors who are denied lawful benefits
For ill or disabled people who are denied lawful benefits
For children who need a stable home or special education
For women who are victims of domestic violence
For veterans and military families who are denied lawful benefits
For children who are not in a stable home
Groups That Should Receive Civil Legal Aid – Tier 1Very Important (10)
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While voters would like to see Civil Legal Aid available to all Americans on a sliding scale, they nevertheless make distinctions about who they believe is most deserving of these services: children, veterans, seniors, ill or disabled people, and victims of domestic violence.
While positioning the program in the broadest terms, we can draw particular focus to these groups.
MeanResponse
0-‐10
8.8
9.0
8.9
8.8
8.8
8.6
8.6
8.3
On a scale from 0-‐10, where 10 means extremely important, 0 means not important at all, and you can be anywhere in between, how important do you think it is to have civil legal help or representation in the following circumstances? If you are not sure how you feel about a particular item, please say so. Here’s the first one. [READ FIRST ITEM. PROMPT EVERY THIRD ITEM:] How important do you think it is to have civil legal help or representation in that circumstance?
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For tenants in landlord disputes
For consumers wronged by businesses
For immigrants cheated out of lawful wages or denied lawful benefits on …
For a person seeking spousal support
For consumers bankrupted by predatory lenders
For homeowners facing foreclosure
For consumers wronged by corporations
For tenants facing wrongful eviction
For a parent in a child custody dispute
For homeowners facing foreclosure due to fraudulent schemes
For workers cheated out of wages or hours abuses or denied lawful benefits
Groups That Should Receive Civil Legal Aid – Tier 2Very Important (10)
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Workers, homeowners, tenants, and consumers are all lower priorities for voters when it comes to the groups they believe should receive Civil Legal Aid.
MeanResponse
0-‐108.1
On a scale from 0-‐10, where 10 means extremely important, 0 means not important at all, and you can be anywhere in between, how important do you think it is to have civil legal help or representation in the following circumstances? If you are not sure how you feel about a particular item, please say so. Here’s the first one. [READ FIRST ITEM. PROMPT EVERY THIRD ITEM:] How important do you think it is to have civil legal help or representation in that circumstance?
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7.7
7.5
7.5
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7.2
6.7
4234
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32 25
Support Oppose Undecided
Increase Funding (taxes mentioned)
Pluralities support increased funding of Civil Legal Aid, even if it requires anincrease in taxes, though that framing produces a narrower margin of support.
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48
24 25
3218
Support Oppose Undecided
Increase Funding (taxes not mentioned)
As it currently stands, the organizations that provide civil legal help and representation to those who cannot afford it are funded by both public andprivate sources. Public funding comes from federal, state and local governments. Private support comes from charitable donations and foundationgrants as well as from the volunteer services of private lawyers, law students and others. However, funding for civil legal aid meets only 20% of thedemand. Would you support or oppose SPLIT A: increasing government funding for this program SPLIT B:even if it means an increase in your taxes , orare you undecided? [IF SUPPORT/OPPOSE] And do you feel that way strongly, or not-‐so strongly?
+24 +9
Initial Ballots
Dem: 71%GOP: 33%Ind: 40%
Dem: 8%GOP: 38%Ind: 32%
Dem: 21%GOP: 25%Ind: 28%
Dem: 53%GOP: 30%Ind: 43%
Dem: 26%GOP: 48%Ind: 30%
Dem: 21%GOP: 20%Ind: 27%
After voters hear both sides of the debate, support narrowly crosses the majoritythreshold. While there is little difference between the effectiveness of the two positivemessage frames, the best positioning places the cost-‐savings argument within the broaderframe of assuring fairness for all, regardless of how much money you have.
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Now, I’d like to read you two different statements people have made about increasing funding for civil legal aid, the network of organizations that provide legal help and representation in civil legal matters to those who cannot afford it. Please listen to both. Sometimes over the course of a survey like this, people change their minds. Would you support or oppose increasing government funding for this program, or are you undecided? [IF SUPPORT/OPPOSE] And do you feel that way strongly, or not-‐so strongly?
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Support Oppose Undecided
Heard ‘Savings’
52
2719
3317
Support Oppose Undecided
Heard ‘Justice’
+25 +27
Engaged Debate Ballots
Dem: 68%GOP: 31%Ind: 53%
Dem: 16%GOP: 47%Ind: 24%
Dem: 16%GOP: 22%Ind: 18%
Dem: 76%GOP: 37%Ind: 47%
Dem: 10%GOP: 41%Ind: 27%
Dem: 13%GOP: 20%Ind: 25%
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Text of Engaged Debate MessagesOURMESSAGE: JUSTICEFor the millions who are facing a life crisis of some sort every day, the most powerful and effective response oftenincludes some kind of legal help. This does not necessarily mean a lawyer in a courtroom. In fact, with civil legal aid,most cases are resolved without a trial. But knowledgeable guidance through a complex legal system, even somethingas simple as using a self-‐help center in a library, can provide the knowledge, advice and influence that means thedifference between winning—and losing everything. It’s not just about justice for children, seniors, veterans, or victimsof domestic violence. Civil legal aid makes the justice system fairer and more accountable for everyone.
OUR MESSAGE: SAVINGSPeople who represent themselves because they cannot afford an attorney are often unprepared and add thousands ofhours of extra work to court staff every year, crowding the courts. Civil legal aid empowers people to navigate andunderstand the legal system and cuts down on court costs. Most cases with civil legal aid are resolved without a trial.Civil legal aid gets a return of approximately $6 for every $1 spent in communities where it is offered. In Texas, itgenerates about $47.5 million in yearly fiscal revenues for the state and local governments. Moreover, across thecountry, civil legal aid has a major impact in terms of public costs saved – homelessness prevented, health benefitssecured, and domestic violence harms averted. Providing civil legal aid is a smart investment that saves us money.
OPPONENT MESSAGECivil legal aid is an expensive, government-‐funded welfare program that only contributes to our costly overreliance onbig government. We cannot fund everything, and government has basic responsibilities to the American people that itmust fulfill first and get the deficit down. There are better ways to safeguard rights without taking more of our hard-‐earned tax dollars. Plus, the people who would have to pay the bill, middle-‐class families, do not qualify for theprogram even though they may not be able to afford a lawyer and need legal help. We need to invest our tax dollars inbetter schools, safety, and other vital programs that benefit us all, not just a few. Civil legal aid already gets enough ofour tax dollars, it doesn’t need more.
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Equal access
Justice for all
Level playing field
Protects vulnerable
David vs. Goliath
Empowerment
Streamlines courts/focus on services
Empowerment w/self-‐help centers
Streamlines courts/focus on costs
Increased access = strong communities
Helps everyone -‐ self-‐help for all
Supporter Messages – Tier 1
The most persuasive messages are values based and all tend to operate around a central theme of fair treatment—ensuring all Americans receive justice regardless of how much money they have.
NETConvincing –Not Convincing
+63
+56
+70
+76
+60
+68
+62
+66
+62
+58
+68Now I am going to read you messages in support of increasing funding for civil legal aid. Please tell me whether the statement I read is a very convincing, somewhat convincing, not too convincing, or not at all convincing reason to support this. If you are not sure how you feel about a particular item, please say so. PROMPT: Is that a VERY convincing, SOMEWHAT convincing, NOT TOO convincing, or not AT ALL convincing reason to support increasing funding for civil legal aid?
Fairness Themed Messages
Each asked of ½ the sample. Darker colors indicate intensity. Very Convincing Total Convincing
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Guidance system w/o GPS
Guidance system w/GPS
Cost -‐ public
Broad-‐based
Cost -‐ money saved
Demand/Innovation
Collective
Demand/Private funding
Helps everyone -‐ low income
Supporter Messages – Tier 2A second tier of positive messages has similar reach, but includes narrower, more technical descriptions of the program which do not test as well.
Cost-‐based arguments tend to evoke more muted reactions than arguments anchored on the themes of fairness and equality. The best positioning might place the cost-‐savings arguments within the broader frame of equal access to justice for all Americans.
Messages that argue for greater public investment to balance out private funding are far less compelling.
+67
Now I am going to read you messages in support of increasing funding for civil legal aid. Please tell me whether the statement I read is a very convincing, somewhat convincing, not too convincing, or not at all convincing reason to support this. If you are not sure how you feel about a particular item, please say so. PROMPT: Is that a VERY convincing, SOMEWHAT convincing, NOT TOO convincing, or not AT ALL convincing reason to support increasing funding for civil legal aid?
+61
+63
+68
+56
+57
+57
+46
+48Each asked of ½ the sample. Darker colors indicate intensity. Very Convincing Total Convincing
NETConvincing –Not Convincing
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Text of Tier 1 Supporter MessagesEqual Access: Civil legal aid ensures equal access to justice under the law. It provides access to legal help forpeople who cannot afford it otherwise, especially when it’s necessary to protect their livelihood, their healthor their family. The quality of justice should not depend on how much money you have. Civil legal aid providesthe fairness and equal access to justice that all Americans deserve.
Justice for All:When we say the Pledge of Allegiance we end it with quote “justice for all” unquote. However,today, too many people are left without access to justice. Civil legal aid exists to make sure every American hasaccess to civil legal justice. We need programs like civil legal aid to ensure the very principle our foundingfathers envisioned remains alive: justice for all not the few who can afford it.
Level Playing Field: Civil legal aid levels the playing field for everyone. It provides access to legal help forpeople who cannot afford it otherwise, especially when it’s necessary to protect their livelihood, their healthor their family. The quality of justice should not depend on how much money you have. Civil legal aid providesthe fairness and access to justice that all Americans deserve.
Protects Vulnerable: Civil legal aid protects people with nowhere else to turn. Civil legal aid groups providelegal representation for victims of domestic violence, families dealing with threats or neglect from absenteelandlords, as well as children, seniors, and veterans who are denied access to health care or benefits. Ensuringthat civil legal aid is adequately funded means that we are not turning our back on the most vulnerable.
David vs. Goliath: Civil legal aid helps people without legal knowledge or resources stand a fair chance againstbig corporations, institutions, or the government. Too many times people are forced to live with their rightstrampled and their economic livelihoods put at risk simply because they cannot afford legal advice andhelp. Civil legal aid gives the little guy—and gal—the people without money and power, the opportunity todefend themselves against unlawful behavior.
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Text of Tier 1 Supporter Messages (Cont’d)Empowerment: Civil legal aid is not a free handout. Rather, it provides access to legal advice and resources to help peopleempower themselves. People who seek their help must do as much as they can to help themselves, filling out courtdocuments and gathering information to support their case. Civil legal aid points people in the right direction, so they canempower themselves to seek justice.
Streamlines Courts/Focus on Services: Civil legal aid is the answer to our backlogged civil court system. Civil legal aidprovides expert legal advice, mediation, negotiation, and problem-‐solving techniques that streamline the court system andactually reduce the number of frivolous lawsuits. Most of the work done by civil legal aid is accomplished outside of thecourtroom. Properly funding this program is an investment that saves taxpayers money.
Empowerment w/Self-‐Help Centers: Civil legal aid is not a free handout. Rather, it provides access to legal advice andresources to help people empower themselves. Some services are provided through self-‐help centers where people go todo the work themselves, like filling out court documents and gathering information for their cases. The staff at the self-‐help centers point people in the right direction, so they can empower themselves to seek justice.
Streamlines Courts/Focus on Costs: Providing civil legal aid cuts down on court costs, court staff overtime and saves us allmoney. People who represent themselves because they cannot afford an attorney are often unprepared and addthousands of hours of extra work a year to court staff. Civil legal aid cuts down on this by ensuring that when people go infront of the judge, they are prepared.
Increased Access = Strong Communities: Civil legal aid increases access to the civil justice system and provides a criticalreinvestment in the community. No community thrives when people are homeless, children are out of school, sick peopleare unable to get health care, families experience violence, or corporations take advantage of consumers. Equal access tojustice contributes to healthy communities and a strong, fair economy for all.
Helps Everyone – Self-‐Help for All: Civil legal aid is a flexible, innovative network of organizations that makes sure peoplecan get help with their legal problems. New solutions like self-‐help centers allow people at all income levels to representthemselves. By ensuring that everyone knows how to protect themselves in the complex legal system, civil legal aid makesthe system easier and simpler to use for us all.
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Text of Cost-‐Based Messages (Tier 2)Cost – Public: Besides the actual dollar figures civil legal aid saves, it has had a major impact in terms of publiccosts saved – homelessness prevented, health benefits secured, and domestic violence harms averted.Providing civil legal aid is an investment that actually saves us money. Civil legal aid is estimated to save ourstate and local governments millions of dollars each year.
Cost – Money Saved: Civil legal aid gets a return of approximately $6 for every $1 spent in communities whereit is offered. In Texas, it generates about $47.5 million in yearly fiscal revenues for the state and localgovernments. By preventing eviction and foreclosure, legal aid offices saved an estimated $116 million alonein shelter costs in one year in New York. Providing civil legal aid is an investment that actually saves us money.
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Strategies for Education and Messaging Campaigns
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Message Triangle
Increased Funding For Civil Legal Aid
Civil Legal Aid as the Remedy
Specific Reforms that Bridge the Information Gap
Lack of Fairness in Civil Justice System
The 9-‐Second Sound-‐Bite: Raising Awareness and Priming Key Values
• Public education efforts will be key to raising awareness of Civil Legal Aid. Indeed,once voters are familiar with Civil Legal Aid, they are more likely to support increasedfunding of the program. However, advocates cannot teach every voter every thingabout Civil Legal Aid, nor should they try.
• Advocates must first connect with, and frame Civil Legal Aid within, an existing set ofbroadly-‐held values before delving into the specifics of the program.
• The value voters most associate with Civil Legal Aid is fairness and the mostpersuasive arguments in favor of Civil Legal Aid operate on the theme of
• 1) ensuring fair play in a system that seems complex and stacked against ordinaryAmericans and
• 2) making sure all Americans receive fairness in the justice system, regardless of how muchmoney you have.
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Our Program Is Civil Legal Aid
We Assure Fairness for all in the Justice
System
What to Highlight
Civil Legal Aid assures fairness for all in the justice system, regardless of how much
money you have.
The 9-‐Second Sound-‐Bite:
How To Talk About Civil Legal Aid: The 9-‐Second Sound-‐Bite
The 2-‐Minute Message: Expanding from Values to Services
• While 9-‐second sound-‐bites are the main currency in today’s world, that in no wayeliminates the need for a more nuanced message in support of Civil Legal Aid (thefollowing page includes recommendations for a 2-‐minute sound-‐bite).
• For the 2-‐minute sound-‐bite, we recommend talking about a few specific servicesprovided rather than key populations that receive Civil Legal Aid. This goes againstrecommendations from previous research. With limited time, it is more importantthat voters understand what Civil Legal Aid provides rather than to whom thoseservices are made available.
• To highlight the best examples of what Civil Legal Aid does, showcase services thatincrease ease of access to information and assistance so that people can know theirrights. Self-‐help services are perceived as broadly accessible and, beyond operatingon the dimension of fairness, also evoke another key value: self-‐empowerment.
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Our Program Is Civil Legal Aid
We Assure Fairness for All in the Justice System, Not the Few Who Can Afford It
What to Highlight
Our Services Increase Ease of
Access to Information and Assistance to Know Your Rights
Civil Legal Aid assures fairness for all in the justicesystem, regardless of how much money you have.It provides access to legal help for people toprotect their livelihoods, their health, and theirfamilies. Civil Legal Aid makes it easier to accessinformation—whether through easy-‐to-‐understand forms, including online forms; legalassistance or representation; and legal self-‐helpcenters—so people can know their rights. CivilLegal Aid also helps streamline the court systemand cuts down on court costs. When we say thePledge of Allegiance we close with “justice forall.” We need programs like Civil Legal Aid toensure that the very principle our foundingfathers envisioned remains alive: justice for all,not the few who can afford it.
The 2-‐Minute Sound-‐Bite:builds on the 9-‐second sound-‐bite with additional information on services provided
How To Talk About Civil Legal Aid: The 2-‐Minute Sound-‐Bite
RESPONSE: Civil Legal Aid assures fairness for all in the justice system, regardless of
how much money you have. The program serves Americans of all backgrounds and ages, including families, children, veterans, seniors, ill or disabled people, and women who are victims of domestic violence. Civil Legal Aid provides access to legal help for people to protect their livelihoods, their health, and their families. It provides access to legal aid self-‐help centers, makes it easier to access information through easy-‐to-‐understand forms and online information, and provides legal assistance so people can know their rights. Civil Legal Aid assures
fairness in the justice system that all Americans deserve.
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Responding to the Attack that the Middle-‐Class is Excluded
RESPONSE: Civil Legal Aid is part of the solution, not the problem. Civil Legal Aid
assures fairness for all in the justice system, regardless of how much money you have. The program serves Americans of all backgrounds and ages, including families, children, veterans, seniors, ill or disabled people, and
women who are victims of domestic violence. Civil Legal Aid provides access to legal help for people to protect their livelihoods, their health, and their
families. It provides access to legal aid self-‐help centers, makes it easier to access information through easy-‐to-‐understand forms and online information, and provides legal assistance so people can know their rights. Civil Legal Aid provides expert legal advice, mediation, negotiation, and problem-‐solving
techniques that streamline the court system, reduce the number of frivolous lawsuits, cut down on court costs and staff overtime, and save us all money.
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Responding to the Attack that Civil Legal Aid is Ripe for Abuseof Tax Dollars
The do’s and don’ts of a basic education campaign
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DO:…talk about “values” and “American values” based on fairness and equality.
Access to justice should not be dependent on wealth or skin color
DON’T:…turn this issue into a partisan one.
DO:…talk about specific features of the system that will help everyone: online help, fewer forms, paralegals as alternatives to attorneys and help from actual attorneys – and that it will save money by keeping many cases out of
court.
DON’T:…assume that those who feel the
system is unfair and works in the favor of wealthier citizens don’t worry about
the costs of the program.
DO:…talk about how specific aspects of people’s lives create obstacles to
obtaining fair representation: long work hours, etc.
DON’T:…imply that entire demographic groups, such as single moms or minorities, are not capable of understanding or handling the
civil legal process.
When Talking About Values…
When Talking About Services…
When Talking About Specific Demographic Groups…
The do’s and don’ts of a basic education campaign (continued)
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DO:…make clear helping people get the information they need is a central
purpose of Civil Legal Aid, but still part of a multi-‐pronged approach.
DON’T:…only invoke economic disparities OR assume that bridging the information gap will, on its own, strike people as
sufficient.
DO:…note the consensus of state Chief Justices—
regardless of political party or length of tenure—in supporting the expansion of Civil
Legal Aid.
DON’T:…rely only on the voices of experts regarding the successes of Civil Legal
Aid in ensuring justice for all Americans. Empathetic figures have a role to play.
When Addressing Inequality of Outcomes…
When Elevating the Importance of Civil Legal Aid…
The do’s and don’ts of a messaging/persuasion campaign
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DO:…mention that the goal of Civil Legal Aid is to combat the unfairness of the way
the current system works.
DON’T:…say anything that might suggest this program would serve as a jobs program
for lawyers.
DO:…mention that one of THE goals is to
resolve problems to avoid going to trial. No one wants to actually go to court—
this makes that less likely.
DON’T:…suggest that reforms depend solely upon the courts to execute fairer
outcomes – it’s the process that should be more fair.
DO:…talk about the campaign’s efforts to simplify the forms, process, and access related to what is considered an arcane
legal system designed to confuse people.
DON’T:…talk as if people are not smart enough to understand the civil legal system, even if it is true. Stress easier online access and fewer forms to help those for whom time is tight.
Talking about Civil Legal Aid…
Talking about going to court…
Talking about a more streamlined legal system…
Other Lake work on poverty and education advises…
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DO:…affirm the notion of
justice/access/equity for all with an emphasis on “everyone means everyone
– no exceptions”
DON’T:…single out communities of color or the
poor as the neediest receipients
DO:…mention Americans/people struggling to get ahead (when talking about specific
groups/places that need it most)
DON’T:…use the language of the marginalized
or underserved
Talking about Civil Legal Aid…
Talking about going to court…
Strategies of a messaging/ persuasion campaign
• Make it real: Use examples of local civil cases that help illustrate what civil law is that at thesame time, giving meaning to its importance.
• Make it personal: Civil law is often about quality of life issues. Making it real and making itpersonal is an effective way to bring some intensity to views and traction to strategy. It’s abouthomeowners having their homes taken away by fraudulent vendors. It’s about tenants beingevicted by landlords. It doesn’t get more personal than the laws relating to homes.
• Make it broad-‐based: Voters are very sensitive to inclusion. Start with services that everyonecan benefit by and then move to descriptions of more targeted services.
• Make it about people: Not the courts. Not lawyers. They helped make the system what it istoday and are seen as benefitting from the convoluted legal system. Reform must come fromoutside the court system.
• Make clear it’s about helping people avoid going to court: Show that the goal is to keeppeople from going to court: This campaign isn’t about making it easier to sue people and takethem to court—it’s about being in a stronger legal position to avoid going to court and, moreimportant, unjust outcomes.
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Strategies of a messaging/ persuasion campaign
• Undercut the Tort Reform Lexicon: Future research should explore messages to see which aremost effective in making it clear that everybody benefits when there is wider access to CivilLegal Aid, as it will discourage needless lawsuits directed at the vulnerable and help unclogcourt dockets. See what can replace ‘frivolous’ as a modifier for ‘lawsuits’.
• Define what it means to be ‘engaged’ on this issue: We know what apathy and timidity looklike, but what is ‘engaged’ or ‘energized’? Willingness to call a legislator? Sign a petition?Donate money?
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Washington, DC | Berkeley, CA | New York, NYLakeResearch.com202.776.9066
Celinda [email protected]
Daniel [email protected]
Tracey [email protected]
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