scholarly journals Proxy Models of Legal Need: Can They Contribute to Equity of Access to Justice?

2006 ◽  
Vol 35 (2) ◽  
pp. 267-282 ◽  
Author(s):  
DEBORAH BAKER ◽  
STEPHEN BARROW
Keyword(s):  
Development Work ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Legal Problems ◽  
Proxy Models ◽  
Methodological Approaches ◽  
The Uk ◽  
Equity Of Access

Prioritisation of cases and resources as a means of rationing the limited legal aid budget has recently become a feature of access to justice in the UK. This article explores the utility of devising proxy models of ‘legal need’ as a means of enabling the rational and equitable planning of legal services in these circumstances. Different conceptual and methodological approaches are considered, highlighting preliminary development work in Scotland. The likelihood of developing ‘legal needs’ measures that promote equity of access to appropriate legal services is discussed in the light of problems with defining ‘legal need’ and the diversity of services available for the resolution of legal problems.

scholarly journals Executive Branch Support for Civil Legal Aid

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 160-170
Author(s):  
Karen A. Lash
Keyword(s):  
State Government ◽  
Executive Branch ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Supportive Services ◽  
Government Officials ◽  
Wide Range ◽  
Branch Support ◽  
Work Done

For government, access to justice is about more than legal justice. Legal services are essential tools to enable government programs to achieve a wide range of goals that help to provide an orderly, prosperous, and safe country. Recent efforts have transformed how some federal and state government officials think about and use civil legal aid to get their work done. Key in convincing them has been empirical evidence about the effectiveness and cost-efficiency of including legal services alongside other supportive services.

The Conceptualisation of Pro Bono in Singapore

2014 ◽  
Vol 9 ◽  
pp. 97-143 ◽  
Author(s):  
Helena Whalen-Bridge
Keyword(s):  
North American ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Pro Bono ◽  
Over Time

Abstract“Pro bono” is a familiar phrase in North American jurisdictions that generally refers to a lawyer’s provision of free legal services to indigent persons. The phrase “pro bono” has also come to imply a particular approach to a lawyer’s relationship to indigent persons, one that stresses the obligatory as opposed to the charitable nature of the services provided. To what extent has this phrase, and its conceptualisation of a lawyer’s role, been used in Asian jurisdictions? This article examines how one Asian jurisdiction, Singapore, conceptualises a lawyer’s relationship to indigent persons by examining newspaper usage of phrases describing legal services for indigent persons. The article argues that changes in usage over time, from free legal services and legal aid to inclusion of pro bono, coupled with increased discussions of access to justice, represent a shift to a more obligatory concept of indigent legal services. An obligatory conceptualisation potentially exerts greater pressure on lawyers to provide indigent legal services, but can also exert pressure to revise the historical lack of broad-based government funded criminal legal aid in Singapore.

10. Funding legal services

2019 ◽  
pp. 279-306
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Cost Effective ◽  
Access To Justice ◽  
Legal Services ◽  
Publicly Funded ◽  
Legal Aid ◽  
The Poor ◽  
New Ideas

This chapter focuses on how legal services, in particular litigation, to the less well-off and the poor are paid for. It considers first the radically changed shape of legal aid and publicly funded legal services. It discusses developments designed to control the costs of litigation. It summarizes new ideas that have been developing for the funding of litigation and improving access to justice. Finally it asks whether other processes—alternatives to courts—might be better at providing cost effective and proportionate dispute resolution services.

10. Funding legal services

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Cost Effective ◽  
Access To Justice ◽  
Legal Services ◽  
Publicly Funded ◽  
Legal Aid ◽  
The Poor ◽  
New Ideas

This chapter focuses on how legal services, in particular litigation, to the less well-off and the poor are paid for. It considers first the radically changed shape of legal aid and publicly funded legal services. It discusses developments designed to control the costs of litigation. It summarizes new ideas that have been developing for the funding of litigation and improving access to justice. Finally it asks whether other processes—alternatives to courts—might be better at providing cost effective and proportionate dispute resolution services.

scholarly journals The Role of the Legal Services Corporation in Improving Access to Justice

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 113-119 ◽  
Author(s):  
James J. Sandman
Keyword(s):  
Low Income ◽  
Child Support ◽  
The United States ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Wage Theft ◽  
Legal Services Corporation ◽  
Mortgage Foreclosures ◽  
Aid Programs

The Legal Services Corporation is the United States' largest funder of civil legal aid for low-income Americans. The LSC funds legal-aid programs that serve households with annual incomes at or below 125 percent of the federal poverty guideline. Legal-aid clients face a wide variety of civil legal problems: wrongful evictions, mortgage foreclosures, domestic violence, wage theft, child custody and child support issues, and denial of essential benefits. This vital work is badly underfunded. The shortfall between the civil legal needs of low-income Americans and the resources available to address those needs is daunting. Federal funding is necessary because support for civil legal aid varies widely from state to state. The LSC uses the “justice gap” metaphor to describe the shortfall between legal needs and legal services. Narrowing the gap is central to the LSC's mission.

scholarly journals The Poor and Justice: Implementation of Legal Aid for the Poor in Indonesia (Problems and Solutions)

2021 ◽  
Vol 3 (4) ◽  
pp. 553-568
Author(s):  
Judith Prima Hapsari
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Human Right ◽  
The Poor ◽  
Legal Problems ◽  
Problems And Solutions ◽  
The Law ◽  
The Government

One manifestation of justice or equality before the law is the existence of legal assistance for every citizen involved in legal problems, without exception the poor. The legal problems that ensnare many poor people or groups are currently increasing complex. Legal aid is a human right of all people, which is not given by the state and is not a mercy from the state, but is also the responsibility of the state in realizing equality before the law, access to justice, and fair trial. Therefore, the government made and ratified a regulation that regulates legal aid, namely Law Number 16 of 2011 concerning Legal Aid. This research is intended to analyze the implementation of legal aid for the poor communities in the context of access to justice in Indonesia.

scholarly journals Getting Justice through Legal Assistance: A Comparing Case of Indonesia and Malaysia

2021 ◽  
Vol 3 (3) ◽  
pp. 353-366
Author(s):  
Riyun Khilmawati Maala
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Poor People ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Problems ◽  
Or Groups ◽  
The Law

Equality before the law should be applied to all citizens impartially. However, there are still discriminatory cases against those who are in lower strata than others. So we need a legal revolution that guarantees the fulfillment of justice which is then used as a source in law enforcement practices, legal protections, and legal services for poor people or groups. In addition to Indonesia, the State of Malaysia is also trying to provide justice for all its citizens by trying to provide legal aid guarantees for its citizens who are experiencing legal problems but are not able to afford it economically. This research is intended to analyze the legal comparison of the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice. The research also aims to find out what obstacles are encountered in the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice.

scholarly journals Pro Bono Work vs. Legal Aid: Approaches to Ensuring Access to Justice and the Social Responsibility of the Attorney

2012 ◽  
Vol 5 (2) ◽  
pp. 43-64 ◽  
Author(s):  
Edita Gruodytė ◽  
Stefan Kirchner
Keyword(s):  
Social Responsibility ◽  
Low Income ◽  
Low Cost ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Social ◽  
Principles Of Justice ◽  
The Right

ABSTRACT In many jurisdictions middle- and low-income individuals obtain only a relatively modest share of lawyers’ services. In a society ruled by law, every person should be able to expect key principles of justice to apply. Among the most important dimensions of a right to a fair trial is the right to equal access to an attorney. After all, the attorney is not merely a commercial actor but also represents the legal system. Access to an attorney is a key step in providing justice in practice. Many states have developed programs of legal aid which aim at providing those who are in need of legal assistance but cannot afford to pay for legal services with a way to receive legal services. Scientific literature distinguishes various forms and instruments of legal aid: the court appointment of lawyers, free or low cost legal aid provided by public agencies and charitable and fraternal organizations, sometimes mixed with legal expenses insurance, contingency fee and the free services of lawyers who are serving probono publico. From the perspective of practicing attorneys, this article presents and compares existing systems of legal assistance in Lithuania and Germany, and their availability and effectiveness, in order to answer the question whether the social responsibility of attorneys and access to justice is obtained.

10. Access to justice: paying for legal services

2021 ◽  
pp. 291-318
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Legal Profession ◽  
Cost Effective ◽  
Access To Justice ◽  
Legal Services ◽  
Publicly Funded ◽  
Legal Aid ◽  
The Poor ◽  
New Ideas

This chapter focuses on how legal services, in particular litigation, to the less well off and the poor are paid for. It considers first the radically changed shape of the legal aid scheme and publicly funded legal services in recent years and then discusses the developments designed to control the costs of litigation. It summarizes new ideas for the funding of litigation and improving access to justice. It considers the contribution of the legal profession and approaches to re-engineering the system, finally asking whether new processes—alternatives to the courts—might be better at providing cost effective and proportionate dispute resolution services.

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