What the Legal Community Needs to Know about the Small Claims Court

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Authors

Forbes, Frank

Issue Date

1973

Volume

6

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Journal Article

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INTRODUCTION|At the third annual Lawyer Referral Workshop held October 27-28i 1972, Chesterfield Smith, ABA President-Elect, stated that many legal needs of people of moderate means were going unresolved. He emphasized that under our "traditional system of resolving legal disputes and providing legal advice, it simply does not make economic sense to take every small claims to court. (emphasis added).|It does not require an extensive empirical study of the problem to recognize the validity of Mr. Smith's statement; any person engaged in the private practice of law is aware of this inadequacy in our legal system. Moreover, it is not only the person of moderate means, but also the middle or upper income individual who is frequently denied substantial justice because of the lack of an appropriate facility for resolution of small claims. This defect in our judicial system has been criticized by the members of the bar and the bench, as well as by legal scholars for over half a century...

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6 Creighton L. Rev. 317 (1972-1973)

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Creighton University School of Law

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