Acting on justiciable problems in a welfare state context: Does income matter?

Abstract

This paper discusses the effect of income on access to justice in the context of the Dutch welfare state, which offers subsidized legal aid to low-income households and also has a well-established market for private legal expenses insurance (LEI). We find that access to non-state legal resources such as LEI is a key determinant of the liklihood of seeking legal advice, particularly for middle-income groups whose socioeconomic position is increasingly precarious. The importance of non-state legal resources for the middle class demonstrates the cushioning effect of subsidized legal aid for low-income households, but also raises questions about how to safeguard access to justice for households other than those with the lowest incomes.