By Kisha Brown, Esq.
For most of the conversation and efforts regarding access to justice, the focus is often on visible crises — eviction, incarceration, domestic violence — that are inextricably linked to poverty. However, the Black community’s barriers to legal counsel and information are often structural and cultural as much as economic.
Think about the location of law offices to the language of legal documents, from the racial makeup of firms to the good ole boy networks that drive referrals. The legal industry thrives on an exclusivity that protects the rich and gives access to the privilege. Even those Black people who are rich and enjoy privileges don’t have nearly the same level of access to legal resources as their white counterparts.
There is a legacy of harm perpetrated by America’s legal system with origin roots borne from stealing land from the native people and protecting the property rights of white people over the humanity of Black people. This same legal system separated us, sold us and segregated us. This legal system has unabashedly and disproportionately imprisoned us, lied on us and falsely led us to believe too many times we’d get a fair shot.
Thus, the mistrust that Black people carry of the legal system isn’t mythology, it’s an ancestral warning that this system ain’t done right by us and should be avoided at all costs. The persistent perception that lawyers are for emergencies, not prevention reveals the acceptable time to engage legal counsel- when there’s little to no alternate choice.
And so, even as conversations allude to more resources in our technologically advanced society, the data shows otherwise: Black people are still less likely to hire an attorney for civil or business matters, even when they can afford to.
In order to obtain justice, we have to see justice beyond evading the bars of incarceration.
Justice is fully knowing that you’re good in this deal and that includes every term, every clause and every consideration in every contract.
Justice is being paid equitably in your workplace free of discrimination for your race, gender, color, ability, religion, national origin or familial status.
Justice is making sure the next generation doesn’t have to start from scratch and you can pass down your legacy through a will and trust with intention and love.
Justice is getting a settlement to make you whole after a car accident and it’s getting your child support arrears owed to the state forgiven.
We have to embrace that justice isn’t only found in courtrooms, but in everyday decisions that safeguard our families, businesses and futures.