“Access to Justice: An Objective or Incidental Effect of Class Actions?”

Abstract: Access to justice is a foundational principle of our justice system, and as such has been held by the courts to be an objective of class actions that must be considered in every case. This essay explores the way that access to justice is treated by counsel and evaluates whether access to justice is really an objective of class actions or more accurately an incidental effect. It concludes that access to justice is an incidental effect because it is taken for granted as the outcome of any given class action. In other words, it is assumed that just by bringing a class action, access to justice will follow. The article then examines whether access to justice is even achieved as an incidental effect and analyzes some problems that indicate that access to justice is not being achieved to its fullest extent. It provides a dual sided analysis by recognizing that based on the current class action system there are barriers and limitations to the consideration of access to justice and its attainment. Ultimately, the paper provides an analysis of some of the problems in relation to access to justice and the class action system.