Family cases have been particularly affected, according to a recent report by the news agency Associated Press. Insufficient legal aid available to low-income individuals has meant that many -- who cannot afford the $200 to $500-an-hour legal costs -- have decided to represent themselves.

Clogging up courts

The trend has drastically slowed down the courts, with litigants who are unsure of legal processes and etiquette overwhelming some states. For example, the report points to Connecticut, where 85 per cent of the 45,000 family cases heard in the 2011 fiscal year featured at least one self-representing party.
The crisis has triggered calls on the American Bar Association to increase support for free legal services for people in need. Next year, New York will become the first state Bar Association to make it compulsory for lawyers to conduct pro bono work before gaining a licence to practise, with a 50 hour minimum announced.

Boutique bonanza

Meanwhile, the Washington Post newspaper reports that even in well-established law firms, the recession is taking hold, as boutique firms start to prosper -- gaining profits and lawyers that would historically have been reserved for ‘Big law’.
Industry experts point to an emerging trend as several high-profile government lawyers this year have opted for posts at boutique law firms rather than large practices. As the recession puts pressure on the large firms, even top-tier lawyers are considering smaller practices as potentially more attractive -- and financially rewarding -- alternatives.

Revolving door

For example, veteran US Justice Department lawyer Rob Park this week joined boutique law firm Murphy & McGonigle, which specialises in representing banks in government investigations. Mr Park said the smaller firm offered a more ‘supportive’ atmosphere, since ‘large law firms have such a voracious need for new business that it makes the pressure all the more intense.’
Mr Park follows other leading Justice Department lawyers who have moved to boutiques earlier this year in America’s traditional legal professional revolving door process. Jeffrey Lowe, managing partner at legal consulting firm Major Lindsey & Africa’s Washington office commented that ‘people are willing to explore a boutique more now than in the past’ since ‘for a lot of people, it makes sense’.