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The U.S. Supreme Court case Gideon v. Wainwright (1963) ruled that states must provide an attorney to poor defendants in criminal cases. Defendants do not at present have a constitutional right to an attorney in civil cases.
Housing eviction cases are one type of civil case, where landlords sue to have their tenants removed from their rental property for non-payment of rent or other potential violations of their lease. Legal aid organizations exist to provide legal representation free of charge to a small number of tenants who request their services, but the vast majority of tenants (e.g., ∼ 99 percent of tenants in Chicago) have no lawyer in eviction court.
(a) Proposals to offer legal aid for indigent tenants are often viewed with skepticism because it is expensive to cover the cost of attorneys.1 Is it possible that it is actually more costly for the government to withhold legal aid than to provide it?
(b) What is the counterfactual of interest when we consider the causal effect of offering legal representation?
(c) Suppose your friend offers you some evidence: poor households with legal aid are 10 percentage points less likely to be evicted than poor households without legal aid. (i) Should we interpret this as evidence that legal aid for tenants facing eviction will reduce their likelihood of eviction? (ii) What are some of the threats to interpreting this piece of evidence as causal?
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