scholarly journals Supervision in the Clinic Setting: what we Really Want Students to Learn

2019 ◽  
Vol 26 (1) ◽  
pp. 158-178
Author(s):  
Douglas D. Ferguson
Keyword(s):  
Professional Identity ◽  
Criminal Law ◽  
Ethical Issues ◽  
Access To Justice ◽  
Legal Services ◽  
Consumer Law ◽  
Policies And Procedures ◽  
Student Supervision ◽  
Substantive Law ◽  
Simulation Exercises

This paper focuses on certain key elements of student supervision in Community Legal Services at Western University in London, Canada. Our clinic offers a very broad range of legal services, ranging from criminal law to wills, and consumer law to housing, with 125-150 students taking part in 800-1,000 files per year.The first part of this paper will examine compliance with the supervision requirements of the profession’s governing body. Clinic supervision in a clinic must start with compliance with the regulator. The supervision requirements of the Law Society of Ontario are set out to demonstrate the standards Community Legal Services must meet.This paper will then discuss the classroom component consisting of lectures and simulation exercises where we deal with professional identity, ethical issues, sensitization to the lives of our clients, awareness of the importance of access to justice, and the capacity of legal processes.I will discuss our online materials for the classroom, including our Caseworker Manual which provides guidance in substantive law, court/tribunal rules, and clinic policies and procedures.

Imperfect Duty: Lawyers’ Obligation to Foster Access to Justice

2008 ◽  
pp. 107 ◽  
Author(s):  
Alice Woolley
Keyword(s):  
Legal System ◽  
Policy Response ◽  
Access To Justice ◽  
Legal Services ◽  
Imperfect Duty ◽  
Special Obligation ◽  
Legal Market ◽  
Integral Component

Access to justice is an integral component of the legal system. However, the question of upon whose shoulders the obligation of ensuring this access should fall has been widely debated. In particular, do lawyers, as part ofthe legalprofession, have a special obligation to foster access to justice? In this article, the author explores the legitimacy of various arguments with respect to whether lawyers should carry this obligation to a greater extent than other members of society. The author begins by critiquing the traditional arguments related to imposing such an obligation on lawyers — for instance, the refined monopoly arguments. She then goes on to critically consider an alternative argument: that imperfections in the marketfor legal services justify the existence of a special obligation for lawyers. An examination of the limitations of this justification follows. Overall, the author concludes that while the arguments arising from imperfections in the legal market offer the best justification for seeing lawyers have a special obligation to ensure access tojustice, the claims from the argument are modest ones, and any policy response in furtherance of such an obligation should be similarly modest.

ADVANCING ACCESS TO JUSTICE THROUGH GENERIC SOLUTIONS: THE RISK OF PERPETUATING EXCLUSION

2013 ◽  
Vol 31 (1) ◽  
pp. 1
Author(s):  
Patricia Hughes
Keyword(s):  
Access To Justice ◽  
Legal Services ◽  
Low Literacy ◽  
Remote Areas

Recent reports about access to justice have focused on issues of affordability, with little reference to the differences of equity-seeking groups. They have tended to recommend “generic” solutions intended to help people represent themselves better and to access limited legal services that fail to consider characteristics that exclude people from using them effectively. The author argues that if factors such as low literacy or living in remote areas are not taken into account, generic solutions run the risk of perpetuating exclusion rather than increasing access to justice.       Des rapports sur l’accès à la justice qui ont été publiés récemment s’intéressent principalement à la question de la capacité de payer et s’attardent peu aux différences au sein des groupes en quête d’équité. Ils tendent à recommander des solutions « génériques » pour aider les justiciables à mieux se représenter eux‑mêmes et à jouir d’un accès à des services juridiques limités qui ne tiennent pas compte des facteurs qui empêchent les gens d’utiliser ces services efficacement. L’auteure plaide que si des facteurs tels qu’une faible littératie ou le fait de résider dans une collectivité éloignée ne sont pas pris en compte, les solutions génériques risquent de perpétuer l’exclusion plutôt que d’améliorer l’accès à la justice.      

Health justice partnerships: a promising model for increasing access to justice in health services

2019 ◽  
Vol 43 (6) ◽  
pp. 636 ◽  
Author(s):  
Virginia Lewis ◽  
Lauren Adamson ◽  
Faith Hawthorne
Keyword(s):  
Health Services ◽  
Specific Area ◽  
Access To Justice ◽  
Successful Implementation ◽  
Legal Services ◽  
Fully Integrated ◽  
Seek Health Care ◽  
Know How ◽  
Health Partnership ◽  
Health Justice

Many people experience legal issues that affect their health, but do not seek legal help, particularly if they are disadvantaged in some way. This may be because they do not recognise they have a legal problem, they are unwilling or unable to address it, or they do not know how to go about dealing with it. Most people seek health care at some point, so linking health and legal services may help promote access to justice. There have been ongoing efforts in Australia to link health and law services, such as through co-locating health and legal services or through running legal ‘clinics’ in health services, but these have not always reached the intended clients. Fully integrated health justice partnerships are a model where the law/health partnership is collaborative at all levels of the organisation. This perspective piece argues that the model is particularly suitable for health services that have clients with needs in a specific area of law, and should be carefully targeted to where it is most needed. Factors that contribute to successful implementation of the model are described.

scholarly journals What Are We Waiting For? It’s Time to Regulate Paralegals in Canada

2018 ◽  
Vol 35 ◽  
pp. 149-176 ◽  
Author(s):  
Lisa Trabucco
Keyword(s):  
Public Interest ◽  
Self Regulation ◽  
The State ◽  
Access To Justice ◽  
Legal Services ◽  
The Public ◽  
Statutory Duty

Law societies in Canada have long been granted the privilege of self-regulation by the state – a privilege that comes with a statutory duty to govern in the public interest. There exists an access to justice crisis in this country. More must be done to address unmet legal needs. There is nothing new in this, but law societies across Canada are reluctant to implement at least one ready solution. Ontario introduced paralegal regulation over ten years ago with the promise that it would increase access to justice. Evidence suggests that it has done so. Yet no other Canadian jurisdiction is prepared to regulate paralegals as independent providers of legal services. Law societies’ continued resistance to the regulation of paralegals is contrary to the public interest. This paper argues that to alleviate the access to justice crisis, it is time to regulate paralegals.

Administrative Procedure and Judicial Review in Germany

2021 ◽  
pp. 53-58
Author(s):  
Lilly Weidemann
Keyword(s):  
Judicial Review ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Protective Effects ◽  
Administrative Procedure ◽  
Basic Law ◽  
Federal Statute ◽  
The Right ◽  
Substantive Law ◽  
Subjective Rights

This chapter explores administrative procedure and judicial review in Germany. The German Basic Law contains a guarantee of access to justice. According to section 40(1) of the Code of Administrative Court Procedure (CACP), recourse to the administrative courts shall be available in all public-law disputes of a non-constitutional nature insofar as the disputes are not explicitly allocated to another court by a federal statute. German administrative court procedure generally aims to protect subjective rights. In general, all measures taken by a public authority are subject to review by courts. This principle forms an essential part of the fundamental rights constitutionally guaranteed. Thus, no measure by the public administration is excluded from this guarantee. The infringement of a procedural provision with protective effects does not necessarily lead to the right of the applicant to have the decision quashed. This usually requires the infringement of a right of the appellant resulting from substantive law. Damages cannot be claimed within the same (administrative) court proceeding that aims to quash an administrative decision.

7. Contraception, Abortion, and Pregnancy

2020 ◽  
pp. 320-411
Author(s):  
Jonathan Herring
Keyword(s):  
Pregnant Women ◽  
Criminal Law ◽  
Teenage Pregnancy ◽  
Legal Status ◽  
Ethical Issues ◽  
Tort Liability ◽  
Unborn Child ◽  
The Law ◽  
And Function ◽  
Legal Interventions

This chapter examines the legal and ethical aspects of contraception, abortion, and pregnancy. Topics discussed include the use and function of contraception; the availability of contraception; teenage pregnancy rates; tort liability and contraception; ethical issues concerning contraception; the law on abortion; the legal status of the foetus; abortion ethics; and controversial abortions. A major current issue is the extent to which, if at all, the criminal law should be involved in the law of abortion. The chapter also considers arguments on legal interventions for pregnant women; for example, imprisoning a drug-using mother to ensure that her unborn child does not suffer from the consequences of her drug use.

8. Liability and Enforcement

2020 ◽  
pp. 261-306
Author(s):  
Paul Davies
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
General Application ◽  
Substantive Law

The effective enforcement of law requires that liability be appropriately allocated, that those with the appropriate incentives be in a position to enforce the liabilities thus created and that the sanctions available be effective. Otherwise, the substantive law may be ineffective in practice.This chapter examines these issues in relation to companies and individuals connected to companies in three contexts: civil law (mainly contract and tort), criminal law, and regulatory rules. Although much of the background law is of general application, it applies in a particular way to companies and individuals engaged in corporate activities.

Quot judices tot sententiae: A study of the English reaction to continental interpretive techniques

Legal Studies ◽  
1981 ◽  
Vol 1 (2) ◽  
pp. 165-189 ◽  
Author(s):  
Shael Herman
Keyword(s):  
European Commission ◽  
European Economic Community ◽  
Legal Services ◽  
Economic Community ◽  
European Economic ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Substantive Law ◽  
Recent Editorial

When the United Kingdom joined the European Economic Community in 1973, the English bench and bar must have perceived only dimly the challenges before them. Like contemporary descendants of Noah, they dropped into a Babel of languages and legal terms indispensable to the operation of the European Commission and the Court of Justice. Membership in the European Economic Community entailed the substantive harmonisation of English laws with those of other member states, and England's common law tradition could not have made the process easy. But the scope of the harmonisation task reached beyond substantive law to deeply rooted judicial attitudes toward the role of legislation and techniques of interpretation. In a recent editorial, Dr C. D. Ehlermann, Director of Legal Services for the European Commission, offered reasons for the English judiciary's potential resistance towards harmonisation of interpretative techniques.

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