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What Is a Jailhouse Lawyer?

Prisoners often lack access to legal assistance.
A jailhouse lawyer can assist an inmate in filing a law suit against the prison in which he or she is being detained.
A jailhouse lawyer can be legal scholars who read and maintain law books in a prison's legal library.
The Columbia Law School publishes a guide for inmates who assist other prisoners with legal matters.
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  • Written By: Mary McMahon
  • Edited By: Kristen Osborne
  • Last Modified Date: 21 September 2014
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A jailhouse lawyer is an inmate with some knowledge of the law who assists other inmates with legal matters. Technically, only lawyers are permitted to practice law, but some leeway is provided to jailhouse lawyers, for a number of reasons. The Columbia Law School publishes a guide for inmates helping inmates with legal matters and updates it regularly, and jailhouse lawyers have also been discussed at levels as high as the United States Supreme Court.

Some prison inmates are illiterate or have received a very poor education. This puts them at a disadvantage when it comes to dealing with the law because they may not understand legal issues. They also cannot respond or prepare legal documents. A jailhouse lawyer can help such inmates secure their legal rights. Jailhouse lawyers assist with drafting documents, provide legal advice, and sometimes even file briefs on behalf of other inmates; jailhouse lawyers have succeeded in successfully arguing for the release of fellow inmates in some cases.

Prisoners often lack access to legal assistance. Although prisoners are supposed to be able to consult attorneys by law, many inmates cannot afford a lawyer. Legal programs that provide free legal aid are not able to help all inmates. The jailhouse lawyer provides a mechanism for ensuring that inmates get legal help. However, such inmates have also been criticized because there are concerns that they may not provide useful legal advice or prisons may rely on jailhouse lawyers rather than securing practicing lawyers for their inmates.

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Some jailhouse lawyers are legal scholars. In addition to reading books in the prison law library, a jailhouse lawyer may correspond with other members of the legal community, read trade publications, and even complete distance law degrees. Although these inmates are not allowed to take the bar exam because they are in prison, they may be just as educated and qualified as fully practicing lawyers. These jailhouse lawyers can provide valuable legal services to their fellow inmates.

In addition to helping inmates with appeals, responses to legal filings, and other matters related to the reason they are in prison, a jailhouse lawyer can also assist with other matters. Inmates may file civil suits, including suits against the prison, and jailhouse lawyers can help the inmates with this process and familiarize them with their legal rights. They can also help with other civil matters related to life outside the prison, such as suits involving custody of children, divorces, and so forth.

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Soulfox
Post 2

@Terrificli -- not a bad suggestion, but some felons will find it tough in a lot of states to obtain a law license. There is a character review done of every law school graduate who passes the bar exam and then applies to be admitted to practice. Some felons will fail that review.

The point is, those jailhouse lawyers who want to become licensed, practicing attorneys after they get out of stir will want to see how likely it is they can one day hold a law license.

Terrificli
Post 1

Some people scoff at jailhouse lawyers, but they have actually filled a vital role in helping some prisoners get a fair shake in court. Let's be honest here. A lot of prisoners convicted of felonies couldn't afford the top-notch lawyers that other criminals can. They are represented by public defenders who may or may not pull out all the stops in court when it comes to representing their clients to the best of their abilities.

Jailhouse lawyers can actually help with the appellate process, give advice on what to do if they weren't represented well in court and a whole lot more.

Also, what would we rather have prisoners doing? Researching case law and trying to help out other inmates or causing trouble? The notion of people in jail preparing legal documents might seem laughable on the surface, but it is actually a good thing that there are jailhouse lawyers. Hey, let them do their time, go to law school and then put their skills to work representing defendants in criminal courts.

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