Jailhouse lawyer

Jailhouse lawyer is a colloquial term in North American English to refer to an inmate in a jail or other prison who, though usually never having practiced law nor having any formal legal training, informally assists other inmates in legal matters relating to their sentence (e.g. appeal of their sentence, pardons, stays of execution, etc.) or to their conditions in prison. Sometimes, they also assist other inmates in civil matters of a legal nature. The ability that inmates have to help other illiterate inmates file petition for post conviction relief was first recognized in Johnson v. Avery. This same case also determined that unless states provide reasonable alternative, they must permit such action by jailhouse lawyers.

The term can also refer to a prison inmate who is representing themselves in legal matters relating to their sentence. The important role that jailhouse lawyers play in the criminal justice system has been recognized by the U.S. Supreme Court, which has held that jailhouse lawyers must be permitted to assist illiterate inmates in filing petitions for post-conviction relief unless the state provides some reasonable alternative.

Many states in the U.S. have jailhouse lawyer statutes, some of which exempt inmates acting as jailhouse lawyers from the licensing requirements imposed on other attorneys when they are helping indigent inmates with legal matters. However, this is a service that can be taken away or restricted and states may lay down restrictions on jailhouse lawyers especially if they find that inmates are not only being abused by jailhouse lawyers but committing abuse themselves.