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.

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.

10. Funding legal services

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Cost Effective ◽  
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 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.

Legal aid in South Africa: making justice reality

2005 ◽  
Vol 49 (1) ◽  
pp. 54-72
Author(s):  
Hennie van As
Keyword(s):  
South Africa ◽  
Access To Justice ◽  
Bill Of Rights ◽  
Legal Aid ◽  
Legal Representation ◽  
Existing Structures ◽  
The Poor ◽  
New Concepts ◽  
The Right ◽  
Criminal Matters

Democracy and the adoption of a Bill of Rights for South Africa not only brought about political change, but it also created expectations of a better life for all. The Constitution guarantees equality before the law, access to a fair hearing and the right to legal representation in criminal matters, and the Legal Aid Board is one of the institutions tasked with giving effect to these pledges. In order to achieve its objectives and to fulfil its obligations, government embarked upon a process of transformation of existing structures and institutions and the creation of new ones. Although legal aid, and statutory provision therefore, are not new concepts in South Africa, constitutionalization resulted in the restructuring of the Legal Aid Board and changes in the method of delivery of its services. The focus is on rendering legal representation in criminal matters to the neglect of civil and non-legal problems that the poor often face, resulting in the impression that government is merely paying lip service to the promise of access to justice. This lends credence to the perception that the legal system exists in order to protect the interests of criminals. Being a developing country, it is comprehensible that priorities have to be set, but it is also true that optimum use should be made of existing structures and resources in order to deal with the needs for legal aid services as expressed by the recipients of those services. Involving students and local government are two methods that can be employed to address the multi-farious problems experienced by the less fortunate members of society.

scholarly journals Juridical Analysis of Legal Aid Implementation for Underprivileged Communities: Problems and Challenges

2021 ◽  
Vol 3 (4) ◽  
pp. 481-498
Author(s):  
Alycia Sandra Dinar Andhini
Keyword(s):  
Empirical Research ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Gain Access

Legal Aid is organized to help resolve legal issues faced by Legal Aid Recipients. The birth of Law No. 16 of 2011 concerning Legal Aid provides new hope for the poor to gain access to justice and equality before the law. This writing aims to determine the implementation of the provision of legal aid and the obstacles that influence it in its implementation because sometimes the implementation of Law Number 16 of 2011 concerning Legal Aid in Indonesian Courts is not optimal. This research focuses on the application of legal aid to the poor, the challenges and problems they face. The method used in this research is empirical research. This study found that in the application of legal aid in several regions in Indonesia, the main problem faced in addition to the lack of availability of accredited legal aid institutions, was also the issue of the budget provided by the state. In addition, in terms of the legal culture of the community, the implementation of legal aid is not optimal due to the understanding of the community not to have anything to do with the law so that many cases that should receive legal assistance cannot be accompanied.  

scholarly journals Access to Justice and Fair for the Poor: How Effective the Legal Aid Provided by Government?

2021 ◽  
Vol 3 (2) ◽  
pp. 173-184
Author(s):  
Dani Setiawan
Keyword(s):  
The State ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Law And Justice ◽  
The Government

Providing legal assistance to the poor continues by the government to realize legal access and justice for all levels of society. Several regulations regarding legal aid have been issued by the state through the law and implementing regulations, but the fact is that the provision of legal aid is not yet effective. This causes a lack of access to law and justice for the poor. The effectiveness of providing legal aid by the government needs to be assessed to see how effective the legal aid program provided by the government is to realize legal access and justice for the poor. Therefore, criticism and advice should be given to the government in order to optimize legal assistance in order to achieve legal access and justice for all levels of society.

scholarly journals URGENSI PERAN PENGADILAN DALAM MEMBERIKAN PELAYANAN BANTUAN HUKUM TERHADAP ORANG MISKIN SESUAI UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2015 ◽  
Vol 4 (1) ◽  
pp. 171
Author(s):  
Isnandar Syahputra Nasution
Keyword(s):  
General Public ◽  
The State ◽  
District Court ◽  
State Court ◽  
Legal Services ◽  
Legal Aid ◽  
The Poor

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

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.

Legal Aid for Ensuring Access to Justice in Bangladesh: A Paradox?

2017 ◽  
Vol 4 (1) ◽  
pp. 257-275
Author(s):  
Farzana AKTER
Keyword(s):  
Legal System ◽  
The State ◽  
Access To Justice ◽  
Intention To Use ◽  
Legal Aid ◽  
Actual Performance ◽  
Legal Provisions ◽  
The Poor ◽  
The Government

AbstractThis article examines the government-funded legal aid system of Bangladesh. It indicates that the Bangladeshi legal aid system is lacking in terms of both legal provisions and the actual performance of the Legal Aid Services Act. The inadequacies in the implementation of the Act even raise the concern of whether the government has any intention to use the legal system to improve the condition of the poor or whether it intends to establish a legal aid system that is directed to providing mere lip service to the poor. The Bangladeshi legal aid system is therefore in a paradox; the state has established an institution that exposes its drawbacks and is not able to meet the needs of the beneficiaries. The article finally makes recommendations in order to redress the deficiencies of the system and thus to ensure effective access to justice for those who are in need of the service.

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