10. Funding legal services

Author(s):  
Martin Partington

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 changing shape of legal aid and publicly funded legal services. It discusses developments designed to control the costs of litigation. It summarises new ideas that have been developing for the funding of litigation. Finally it asks whether other processes - alternatives to courts - might be better at providing cost effective and proportionate dispute resolution services.

Author(s):  
Martin Partington

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.


Author(s):  
Martin Partington

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.


2021 ◽  
pp. 291-318
Author(s):  
Martin Partington

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.


2015 ◽  
Vol 4 (1) ◽  
pp. 171
Author(s):  
Isnandar Syahputra Nasution

Implementation of Legal Aid Post (Posbakum) by the District Court includes three (3) the scope of legal services in accordance with the provisions contained in the Perma No. 1 Year 2014. Those 3 scopes are services of fee waiver, and the holding of the trial outside the court building and providing Posbakum Court. In connection with the implementation of this Posbakum actually State Court only provides room facilities to Posbakum for three Legal Aid Provider or accredited lawyers organization. As for the legal aid fund handling each case will be filed by the Court through the Lokal Office of Kemenkumham. However, this does not mean that the facilitator function can be ignored, considering this Posbakum takes place in the Court, it is noteworthy that there is a special mandate from the State Officials to the Court in order to succeed the free legal services for the poor. Therefore, it can also be expected that the presence of the Posbakum in the Court can erode the negative and scary stigma on the Court for the general public. Keywords: Court, Legal Aid, the Poor


2019 ◽  
pp. 1117
Author(s):  
Sarah Buhler ◽  
Michelle C. Korpan

There is currently a gap in Canadian empirical research examining the impacts of legal representation in legal aid and clinic settings. This article advocates for addressing the research gap and suggests how such research could be pursued. Empirical data is crucial to making the case for ongoing investments in publicly funded legal assistance and to ensuring the effectiveness of such assistance. Yet current research, mainly from American studies, tends to focus narrowly on litigation outcomes. This leaves many aspects of the impact of legal representation unclear, particularly regarding service delivery for vulnerable and marginalized clients. Research must examine clients’ own experiences and perspectives of legal processes so as to better reflect the complex relationship between legal representation and justice.


1977 ◽  
Vol 2 (1) ◽  
pp. 219-253 ◽  
Author(s):  
Samuel Jan Brakel

This article was stimulated by the publication of Toward Equal Justice: A Comparative Study of Legal Aid in Modern Societies, edited by Mauro Cappelletti, James Gordley, and Earl Johnson, Jr. (Dobbs Ferry, N.Y.: Oceana Publications, Inc., 1975), a recent and ambitious entry in the debate over alternative methods of delivering legal services to the poor. Brakel, the author of several publications in the field, feels that the portion written by Johnson, presenting the operational and research experience with legal services for the poor in this country, is one-sided and unsatisfactory and maintains that, through the process of critically examining the Johnson portion, it is possible to present a more balanced picture of the legal aid experience in the United States. This is important for the domestic audience as well as for the international readers whom the book seeks to address.


2018 ◽  
Vol 4 (2) ◽  
pp. 125
Author(s):  
Fauzan Fauzan

Abstract: The provision of legal aid to date is still not fully felt for the poor, especially the legal and justice aspects. The issuance of Law Number 16 Year 2011 on Legal Aid or so-called UUBH becomes an important breakthrough in constitutional development post-reformasi law. This paper focuses on the provision of legal aid by the Legal Aid Post (Posbakum) in the Religious Court of Bengkulu City. This research is a qualitative research with interview to get data. The results showed that the implementation of legal services through Posbakum in Religious Courts of Bengkulu City has been going well. Although in the implementation of legal services is still constrained by the human resources (HR) in Posbakum, but if dihat from the administrative process and the impact of legal aid services, the overall implementation of legal services through Posbakum in the Court of Religion has been running well according to achievements based on legislation


2021 ◽  
Vol 4 (2) ◽  
pp. 139-151
Author(s):  
Iryana Anwar ◽  
Muslim Lobubun

This study aims to examine the role and function of the legal aid post (Posbakum) at Biak’s Religious Court Class IIB according to the the national supreme court decree Number 1 of 2014. This study took place at Biak’s Religious Court. The study used an empirical juridical approach. Data were collected through field observations and interviews with research respondents. Data analysis was carried out in a qualitative descriptive manner. The results showed that the implementation of the legal aid post at Biak’s Religious Court in providing services for the poor in general had been carried out very well according to the national supreme court decree Number 1 of 2014, but the community still had difficulties because of the unavailability of direct assistance by officers. it is feared that those who receive legal services will fall into the category of those who are financially able to pay for an advocate given that there are no regulations that stipulate the restriction or criteria for people who are financially incapable of paying for advocate services. This research is expected to provide information for the people of Biak in particular, and people outside Biak in general regarding the benefits of legal aid services for the lower-class community.


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