Legal Aid, Accessible Courts Or Legal Information? Three Access to Justice Strategies Compared


Book Description

Access to justice can be enhanced in many ways. What is the most effective way to do this, given limited resources? Three perspectives are used to compare access to justice policies: (1) costs and benefits, (2) transaction costs (diminishing market failure and government failure), and (3) legal empowerment (enhancing people's control over their lives and their bargaining position). The analysis suggests that legal information and education strategies should have a higher priority, followed by improving access to (informal) adjudication. Civil legal aid on an individual basis is a rather costly strategy. Moreover, legal aid is less likely to create just outcomes on its own: A judge without a lawyer is more valuable than a lawyer without a judge.




Access to Justice


Book Description

Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.




Standards for the Provision of Civil Legal Aid


Book Description




Justice and the Poor


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The New International Directory of Legal Aid


Book Description

This book is a worldwide survey of legal aid containing more than seventy responses from ministries of justice, attorney generals, law societies, bar councils and individual lawyers to a detailed questionnaire. The results, set out here in summary form, are probably the most complete survey of its kind since the Lane and Hillyard edition of the Directory in 1985. The Editor of The New International Directory of Legal Aid, former legal aid solicitor Peter Soar, says: `In preparing this new edition I have learnt from previous users that the Directory is a valuable aid for Legal Aid Boards and law schools as well as individual lawyers.' In these pages you will find the ground work of legal aid systems in some of the most diverse legal jurisdictions from the Common Law countries of England and the Commonwealth to those which employ the approach of the Napoleonic Code. Here are systems adapted to the needs of the inhabitants of Caribbean islands, central European and Baltic states, emerging African peoples, the successors to ancient Indian empires, and countries of the Pacific Rim. The different forms of legal aid are of interest to practitioners and academics but the claims of the book go further than that. Just and fair societies depend on the maintenance of the rule of law. If the legal system, and in the last resort, the courts themselves are not within the reach of all citizens then talk of their rights is empty. If poor, weak, or powerless members of society are denied access to the courts because of lack of means, or if that access depends on the willingness of some lawyers to undertake cases pro bono, it is difficult to argue that in that state human rights are any more than forms rather than reality. If lawyers themselves exchange their independence for involvement in the very process of litigation (so-called `no win, no fee'), can it be said that freedom is not compromised? Here the reader can judge what in his or her opinion is the standing in these debates of each of the jurisdictions surveyed, with the help of editorial comments and the Editor's Introduction.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Access to Justice and Legal Aid


Book Description

This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.




Legal Design


Book Description

This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.




The Poor Seek Justice


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Outsourcing Legal Aid in the Nordic Welfare States


Book Description

This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.