The advent of American justice, in criminal proceedings, is often tied to the constitutional guarantee of the attorney. Our 6th Amendment promises that “in all criminal prosecutions, the accused shall enjoy the right to… have the Assistance of Counsel for his defence.” [1] This is a powerful promise our Founders codified, aiming to level the playing field for criminal defendants thereafter. In many ways, this pledge continues to represent the emphasis on individual rights in the American social contract. But when we take a step backwards, we are reminded that criminal proceedings have an often-overlooked twin: civil law.

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