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Americans Do Not Trust the Legal System

Harris Interactive, June 27, 2005

A new survey commissioned by Common Good and conducted by Harris Interactive among American adults has found that only 16 percent of those surveyed trust the legal system to defend them against baseless claims. Fifty-four percent do not trust the legal system, and 30 percent are not sure.

Seventy-six percent of those surveyed agree that fear of frivolous lawsuits discourages people from performing normal activities.

The survey results were presented at a conference of judges and scholars that took place in Philadelphia on June 27-28, 2005. The conference, Lawsuits and Liberty: A Forum Addressing the Role of Civil Justice in a Free Society, explored how distrust of civil justice undermines freedom to make sensible daily choices.

"The fact that only 16% of American adults trust the legal system to defend them against baseless claims is a stunning indictment of American justice," said Philip K. Howard, Chair of Common Good. "This explains why legal fear has replaced Americans' freedom to use their common sense. To rebuild the public's trust, we must restore reliability to our system of justice."

Other findings from the poll include the following:

On how the legal system currently functions:

  • 83 percent of those surveyed agree that the legal system makes it too easy to make invalid claims.
  • Only 43 percent agree that the overall effects of the system on society are reasonable.
  • Only 33 percent agree that the system provides timely and reliable resolutions of disputes.

On the need for reform:

  • 56 percent think that there are fundamental changes needed to make the civil justice system work better.
  • 12 percent think that the system needs to be completely rebuilt.
  • 62 percent strongly agree that we need to have more judges who will turn back frivolous lawsuits. (Another 26 percent agree somewhat.)
  • 48 percent strongly agree that lawyers who take on lawsuits that are frivolous should be fined. (Another 29 percent agree somewhat.)

On how Americans use the legal system:

  • 67 percent strongly agree that there is an increasing tendency for people to threaten legal action when something goes wrong. (Another 27 percent agree somewhat.)
  • 55 percent strongly agree that many people use the justice system almost like a lottery -- they start lawsuits to see if they can win millions. (Another 32 percent agree somewhat.)

Harris Interactive conducted the survey online among a nationally representative sample of 2,604 U.S. adults, 18 years old or older. All interviewing was conducted between May 20 and May 23, 2005.

Read the Common Good press release.