Legal Aid in Crisis


Book Description

One of the many areas of social support affected by the recent austerity measures in Britain is legal aid, which has suffered under cuts so substantial that, this book argues, the result is the most radical set of changes in the sixty-year history of legal aid in the nation, a transformation of its very meaning and purpose. From an original position as a form of social welfare to which nearly anyone could get access, it is now seen as a benefit, outside the legal system, and almost wholly cast in economic terms. This book looks at this shift and its far-reaching consequences not just for individuals but for the whole of the court system.




Rebooting Justice


Book Description

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.




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.




Good Government and Law


Book Description

The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.




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.




Histories of Legal Aid


Book Description

This book focuses on the history of the provision of legal aid and legal assistance to the poor in the nineteenth and twentieth centuries in eight different countries. It is the first such book to bring together historical work on legal aid in a comparative perspective, and allows readers to analogise and contrast historical narratives about free legal aid across countries. Legal aid developed as a result of industrialisation, urbanization, immigration, the rise of philanthropy, and what were viewed as new legal problems. Closely related, was the growing professionalisation of lawyers and the question of what duties lawyers owed society to perform free work. Yet, legal aid providers in many countries included lay women and men, leading at times to tensions with the bar. Furthermore, legal aid often became deeply politicized, creating dramatic conflicts concerning the rights of the poor to have equal access to justice.




Legal Aid Reform


Book Description

The legal aid system is one of the cornerstones of the post-war Welfare State, and since its creation nearly 60 years ago, it has enabled millions of people to access legal advice, support and representation; many of whom would otherwise have been denied access to justice because they could not have afforded to pay. However, the expectations and pressures faced by the legal aid system today are very different to those when it was created, and this document sets out the Government's proposals to reform the system to ensure its sustainability and effectiveness in contributing to the fight against social exclusion. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 0101659121); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006.




The Legal Aid Market


Book Description

Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.




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.