Itamar Mann: An app that empowers people to solve their legal problems | TED Fellows

33,993 views ・ 2021-06-15

TED


Please double-click on the English subtitles below to play the video.

00:14
[SHAPE YOUR FUTURE]
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I’m going to start by telling you a story about Danielle.
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When she was a senior in college, Danielle's dad passed away,
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which left her mom with no way to support herself.
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So Danielle had to drop out of college
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and pick up three jobs as a barista, a bartender and a car washer.
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Altogether, the three jobs paid Danielle 23,000 dollars per year,
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which wasn't a whole lot,
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but it allowed her to feed her mom and keep a roof over their head.
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And for Danielle, that was enough.
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But early one morning when Danielle was driving home from one of her jobs,
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a deer ran in front of her car.
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She swerved off the road and crashed into a barn.
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And Danielle doesn't remember exactly what happened next,
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but when she woke up in a hospital a few hours later,
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a doctor told her that she had damaged her brain stem and C1 vertebrae.
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Now, the good news is that Danielle was going to leave the hospital alive.
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But the bad news is that Danielle had 55,000 dollars in medical bills.
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Now, Danielle tried so hard for the next two years to try and pay back that debt,
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but it was impossible.
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It was impossible for Danielle to pay back 55,000 dollars in medical bills,
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earning just 23,000 dollars per year.
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She felt trapped.
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One freak accident put Danielle
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on the verge of homelessness, hunger, poverty.
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And when you're in Danielle's shoes, bankruptcy is a lifeline.
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It's a powerful legal tool that allows you to relieve your debt
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and re-enter the economy.
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Medical emergency, a job loss, a divorce.
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These are financial shocks that could happen to any of us.
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And when you're living paycheck to paycheck
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and don't have a whole lot of savings, like so many Americans,
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a financial shock can ruin your life.
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Bankruptcy gives you a second chance.
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But when Danielle went to go find a bankruptcy lawyer,
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she, like so many others filing for bankruptcy,
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learned that it was going to cost her 1,500 dollars.
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She didn't have that kind of money.
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I mean, what a cruel irony.
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In America, it costs you 1,500 dollars to tell the court
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that you have no money.
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When you walk into a court,
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everyone from the judge to the clerk to the forms themselves
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will tell you to go find a lawyer,
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no matter how little money you have.
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One of the great civil rights injustices in America
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is that we don't have equal rights under the law.
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What we have is equal rights if you can afford a lawyer.
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Whether you're evicted from your home in an abusive relationship
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or need access to bankruptcy,
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you have no right to a free lawyer in most civil cases.
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And because there aren't even close to enough
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pro bono or legal aid lawyers around,
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four out of five low-income Americans
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can't get the legal help they need to access their civil legal rights.
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Four years ago, I helped start an organization
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to fight for new civil right in America,
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the right to solve your own legal problem when you can't afford a lawyer.
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We started with bankruptcy.
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Our nonprofit Upsolve has built an app to help people file for bankruptcy
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on their own for free.
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People like Danielle.
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Our app asks people questions about their finances
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in language they can understand
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and then uses this information to help generate their forms.
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Last year, Danielle used Upsolve to file for bankruptcy
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on her own for free.
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She got her final letter from the court, relieving all of her medical debt,
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right after Christmas Day.
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Today, Danielle has the highest paying job she's ever had
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and she's on track to finish her degree.
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There are so many opportunities to create a more just legal system
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by empowering people to solve their own legal problems
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whenever possible.
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This is especially true in nonadversarial areas of the law,
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things like no-asset bankruptcies,
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uncontested divorces and Social Security disability.
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But there are two main barriers that stand in the way.
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The first is legal complexity.
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We've designed our forms in courts around lawyers, not regular people.
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Many legal forms are like modern day literacy tests.
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When you can't understand them, you can't access your rights.
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Every year, poorly designed forms, courts and processes
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deny millions of Americans their life, their liberty and their property.
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Legal complexity is a civil rights injustice.
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To start solving this problem,
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we need to require basic user testing in courts
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and reviser assumption in areas of poverty law
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that everybody will be able to afford a lawyer.
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A second barrier is a closed culture.
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We've been met with pushback from some folks
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who believe that you need to go see a lawyer
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no matter what legal problem you have.
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Imagine you had to go see a doctor
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to cure a plain old headache
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rather than being able to buy Advil at your local pharmacy.
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Telling a person who is poor to go find a lawyer
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when they obviously can't afford one
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is out of touch,
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iIntimidating, unfair and wrong.
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It's also a racial injustice.
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Black and brown communities disproportionately cannot afford
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the legal fees they need to access their civil legal rights.
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Many legal fees are like modern day poll taxes.
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When you can't afford to pay the fees, you can access your rights.
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And we have a decision to make
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about how open and equal we want our system of justice to be.
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The only way we're ever going to have equal rights in America
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is if we get rid of the modern day literacy tests
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and poll taxes that dominate our courts and legal system.
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We need a new civil right in America,
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the right to solve your own legal problem when you can't afford a lawyer.
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Because in America, our rights are supposed to be inalienable,
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our protections are supposed to be equal,
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and we all deserve a chance at life,
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liberty and the pursuit of happiness,
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whether or not we can afford the legal fees.
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Thank you.
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