scholarly journals Executive Branch Support for Civil Legal Aid

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 160-170
Author(s):  
Karen A. Lash

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.

2014 ◽  
Vol 9 ◽  
pp. 97-143 ◽  
Author(s):  
Helena Whalen-Bridge

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.


2021 ◽  
pp. 110-126
Author(s):  
Lyubomyr Hubytskyy

Summary. The purpose of the article is to publish and analyze of literature and archival sources to identify components of the problem of illicit trade in the Kyiv Province in the first half of the 19th century. Research methodology – the principles of objectivity, scientificity, historicism, comparative method, methods of internal criticism of sources. The scientific novelty is that it is for the first time that the information from the framework of sources presented in the Central State Historical Archive of Ukraine in Kyiv, the State Archive of Kyiv Oblast and its analysis is introduced in scientific circulation. Conclusions. The research of archival sources allowed to deepen the picture of relations between the state, government officials, business representatives in the field of trade, in particular, illicit trade. It has been discovered that illicit trade was caused primarily by the desire for personal enrichment and by external tariffs of the Russian Empire, which contained a wide range of goods prohibited for import into the country. Strict regulation of external trade encouraged merchants and all persons involved in transactions with contractors of other countries to seek means and mechanisms for transportation and sale of demanded goods. It has been found that people with foreign connections were involved in the illicit trade. Although, there were cases when illicit goods were traded by merchants and burghers of the interior provinces who acted only as intermediaries. Civil servants, whose actions were coordinated by the Kyiv governor himself, were involved in fight against the schemes by which prohibited and uncustomed goods entered the market. The cases in the activities of government officials were revealed when officials were negligent in their duties. Under certain conditions, customs officers used their official position for personal enrichment. The abuse of customs officers (zollners) testified risks of the border service and at the same time showed the extent of illicit enrichment. The consequences of the fight against illicit trade were the return of money to the treasury in the form of penalties (fines), one-time cases of enrichment of public supervisors abroad, taking purification oaths by smugglers in the presence of clergy.


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.


Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 113-119 ◽  
Author(s):  
James J. Sandman

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.


2012 ◽  
Vol 5 (2) ◽  
pp. 43-64 ◽  
Author(s):  
Edita Gruodytė ◽  
Stefan Kirchner

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.


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.


2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Helena Whalen-Bridge

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.


2006 ◽  
Vol 35 (2) ◽  
pp. 267-282 ◽  
Author(s):  
DEBORAH BAKER ◽  
STEPHEN BARROW

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.


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