Nearly eight in 10 Americans perceive the U.S. legal system as unfair, according to new national research from Equal Justice Works, a finding that underscores the gap between the promise of equal justice and how people experience it in practice.
The survey captures public attitudes and lived experiences around access to justice. Polling a nationally representative sample of 1,613 Americans, the data suggest that while equal justice is a foundational American ideal, many people don’t experience the system as consistently fair or accessible.
The numbers are striking and unambiguous. Sixty-one percent of Americans think that income affects whether courts deliver fair outcomes. Forty-nine percent say race affects fairness in the legal system. Just a third think the system is fair to people without legal representation. And only half are confident that they would receive fair treatment themselves.
The findings help illuminate barriers to a justice system that works for all: misunderstanding of legal rights, difficulty accessing representation, and the unequal distribution of these burdens.
For many Americans, the justice gap becomes apparent during difficult and unpredictable moments with significant consequences, such as eviction, recovery from natural disasters, denial of government benefits, or workplace discrimination.
Importantly, however, it’s not just that access is limited. Due to the complexity and fragmentation of the civil legal system, many Americans misunderstand when they’re entitled to a lawyer and when they aren’t. 41% percent believe an attorney would be provided in a discrimination case, for instance. Another 40% think they are in a child custody case.
Such misunderstandings can work against individuals in multiple ways. People who wrongly assume that legal help exists won’t seek assistance, while those unaware that aid is available go without. Even among respondents who know that assistance exists, 13% don’t know where to find it.
These challenges are not experienced equally. Certain subgroups perceive fairness gaps in the legal system more than others, like those with lower incomes or less education, as well as people of color (particularly Black Americans) and those who identify as LGBTQ+. The same is true for immigrants living in the U.S. Half of Americans have two or more of these structural obstacles to fair justice and legal representation.
A final component of the justice gap is the availability of legal support itself. Even for those who understand what they are entitled to, access can depend on whether a lawyer is available or affordable, especially in low-income, racially diverse, or immigrant communities.
Taken together, the findings suggest that access to justice depends on more than the existence of legal services alone. It also requires awareness about a deeply complex, multi-layered justice system, as well as sufficient attorneys and advocates to meet the needs of the communities most likely to encounter civil legal challenges.
For organizations working to expand access to justice, the survey’s findings illuminate where the work is: not only in building the supply of legal services, but also in helping people understand their rights and how to navigate the legal landscape.
Equal Justice Works is one of many organizations working to help address these challenges. Through fellowship programs, we build a pipeline of public interest lawyers committed to serving communities where the need is greatest and awareness gaps are highest. But we are part of a broader ecosystem.
Some organizations focus on expanding access to direct legal services, increasing the capacity of legal aid providers, and pro bono networks so more people can receive representation or advice. Others work upstream, investing in public legal education, developing plain-language resources, “know your rights” campaigns, and community-based workshops that help people recognize when a problem is legal in nature.
Community-based organizations, libraries, healthcare providers, and social service agencies are also integrating legal support into existing services, helping individuals address legal issues alongside other needs like housing, employment, or healthcare. These models make legal help more accessible in everyday settings.
New models, such as community justice workers, also help bridge the gap between everyday people and the legal system. These trained lay advocates can help people understand their rights and connect them with appropriate resources, addressing both the information gap and the access gap.
This research suggests that for many Americans, accessing the promise of equal justice remains far from straightforward. Understanding how people perceive the system is a critical step toward making sure it works as intended. Closing the justice gap will take both adequate resources and staffing, as well as a system people can understand and trust when it matters most.
