Let’s Talk About Cost, Access, Time, and the Structural Barriers No One Likes to Name
“Just get a lawyer.”
I think it’s arguably one of the most common responses people offer up when someone is yanked into the justice system. And while yes, it’s usually well-intentioned, it’s also often completely useless and sometimes harmful.
Because that piece of advice assumes resources, time, clarity, and access that most people simply do not have when the system comes crashing into their lives.
So let’s unpack why “just get a lawyer” is bad advice for most people, not because lawyers are bad, but because the system makes defense far harder to access than anyone would like to admit.
The Advice Presumes Money People Don’t Have
This is hands down the most glaring problem with the system. Lawyers are expensive. Hiring a private attorney can cost:
- Thousands of dollars upfront
- Additional retainers mid-case
- Per-motion or per-appearance fees
- Expert or investigator costs passed directly to clients
And for many families, it’s completely out of reach because it would otherwise mean that they must:
- Drain their savings
- Take on debt
- Sell assets
- Choose between legal defense and basic stability
I once knew a couple who had to essentially sell off everything they worked their entire lives for to defend themselves in a court case. Both paying for bail and hiring attorneys obliterated their financial stability.
So telling someone to “just get a lawyer” ignores the reality that defense is paywalled in a system where prosecution is fully taxpayer-funded.
That imbalance isn’t accidental. It’s structural. The state has all of the resources necessary to go after a defendant.
Access Isn’t Just About Finding a Name
Often times, finding a lawyer is not as easy as people make it out to be. Because even when someone wants to hire a lawyer, access is not guaranteed. Because inevitably, people run into:
- Attorneys who won’t take certain cases
- Long waitlists
- Offices that don’t return calls
- Geographic shortages in rural or low-income areas
- Language and accessibility barriers
Access isn’t just about money. It’s about availability, responsiveness, and capacity. Especially if the case is going to be complicated.
Time Is a Resource People in Crisis Don’t Have
The moment someone is charged, the clock starts ticking, and the resources start running down, because they’re often juggling:
- Missing work
- Managing childcare
- Dealing with housing instability
- Navigating fear and confusion
- Facing a brand new system with complicated deadlines that they don’t fully understand
Finding, vetting, and retaining a private attorney takes time and a ton of emotional bandwidth. “Just get a lawyer” assumes calm decision-making in moments all too often defined by urgency and stress.
Not All Lawyers Are Equal—and People Aren’t Equipped to Know the Difference
The legal market is uneven.
Some attorneys are fantastic, some are overextended. Some take cases they really shouldn’t. Some bring clients in promising the world and then quietly push clients toward pleas to move files along and keep money coming in.
Most people don’t know:
- What questions to ask
- What a realistic strategy looks like
- What red flags to watch for
- What they should expect for the money they’re paying
Without transparency, “just get a lawyer” can land people in worse positions rather than better ones.
Public Defenders Exist for a Reason
Public defenders are often framed as a last resort but they are far from it. They’re the unsung heroes, because they are:
- Trained criminal defense attorneys
- Deeply familiar with local courts
- Experienced in navigating under-resourced systems
- Often more trial-tested than private counsel
The real problem isn’t public defense, it’s chronic underfunding and impossible caseloads. Shaming people for using a public defender reinforces that fairness and justice should depend on wealth.
The Structural Truth We Avoid
The justice system is predicated on an unspoken assumption:
- Prosecutors will always be funded
- Defense will be rationed
That design:
- Pressures people into plea deals
- Penalizes poverty
- Turns legal defense into a financial survival test
“Just get a lawyer” treats this as an individual failure instead of the systemic one it really is.
So, What Would Be Better Advice?
Instead of reflexively saying “just get a lawyer,” better questions sound like:
- What resources do you realistically have right now?
- Do you qualify for a public defender?
- What deadlines are coming up first?
- What information do you need to make a decision?
- What questions should you ask any attorney—public or private?
Support starts with clarity, not platitudes.
Pulling It All Together
“Just get a lawyer” feels reassuring because it shifts responsibility away from the system and onto the individual. But justice doesn’t work that way.
Good defense should not require wealth, spare time, or insider knowledge. Until the system changes, the least we can do is stop offering advice that ignores reality.
And it all starts with naming these gaps so people can navigate the system with eyes open, not false reassurance.
