Clinical Legal Education: A Virtual Mode of Access to Justice

2020 ◽  
Vol 4 (2) ◽  
pp. 62
Author(s):  
V.S. Gigimon ◽  
Shruti Nandwana
Keyword(s):  
Legal Education ◽  
Access To Justice ◽  
Practical Training ◽  
Legal Assistance ◽  
Legal Aid ◽  
Virtual Classrooms ◽  
Dual Purpose ◽  
Working Model ◽  
The Mind ◽  
Virtual Mode

Legal education, all over the world uses a mix of practical and theoretical means to train students. For purposes of practical training, specialized legal clinics are established by legal education institutions to train the students to apply the classroom learnt law in live cases. These legal clinics serve dual purposes, first, of training students in the practical aspects of the law and second, providing access to justice to people in areas where it is difficult to get legal help and where reaching institutions of justice delivery is difficult. The pandemic situation prevailing world over now has had deep impacts in imparting legal education. The physical classrooms have turned into virtual classrooms, delivering only theoretical education and leaving doubts in the mind of students due to lack of practical training resulting from non-functioning of legal aid clinics in this situation. In order to ensure access to justice in India during the time of pandemic, the judiciary has taken recourse of virtual courts, whereby the listing and hearing of cases which require urgent hearing are done online. The same methodology has also been adopted by the National Legal Aid Service Authority by conducting virtual Lok Adalats where cases are entrusted to them . By studying the same mode of virtual courts and virtual Lok Adalats, the present paper aims to devise a working model to ensure that clinical legal education is continued in India during these times of pandemic, and that legal aid clinics work efficiently to ensure that people are not deprived of their right to legal assistance. The working model proposes a collaboration between the legal aid clinics of the universities and colleges and the justice delivery institutions to ensure dual purpose of legal aid clinics is met. The model will also be tested in the institution, and a pan India plan of action for implementing this model would be devised.

scholarly journals Clinical Legal Education: A Virtual Mode of Access to Justice

2020 ◽  
Vol 27 (4) ◽  
pp. 62-82
Author(s):  
V.S. Gigimon ◽  
Shruti Nandwana
Keyword(s):  
Legal Education ◽  
Access To Justice ◽  
Practical Training ◽  
Legal Assistance ◽  
Legal Aid ◽  
Virtual Classrooms ◽  
Dual Purpose ◽  
Working Model ◽  
The Mind ◽  
Virtual Mode

Legal education, all over the world uses a mix of practical and theoretical means to train students. For purposes of practical training, specialized legal clinics are established by legal education institutions to train the students to apply the classroom learnt law in live cases. These legal clinics serve dual purposes, first, of training students in the practical aspects of the law and second, providing access to justice to people in areas where it is difficult to get legal help and where reaching institutions of justice delivery is difficult. The pandemic situation prevailing world over now has had deep impacts in imparting legal education. The physical classrooms have turned into virtual classrooms, delivering only theoretical education and leaving doubts in the mind of students due to lack of practical training resulting from non-functioning of legal aid clinics in this situation. In order to ensure access to justice in India during the time of pandemic, the judiciary has taken recourse of virtual courts, whereby the listing and hearing of cases which require urgent hearing are done online. The same methodology has also been adopted by the National Legal Aid Service Authority by conducting virtual Lok Adalats where cases are entrusted to them . By studying the same mode of virtual courts and virtual Lok Adalats, the present paper aims to devise a working model to ensure that clinical legal education is continued in India during these times of pandemic, and that legal aid clinics work efficiently to ensure that people are not deprived of their right to legal assistance. The working model proposes a collaboration between the legal aid clinics of the universities and colleges and the justice delivery institutions to ensure dual purpose of legal aid clinics is met. The model will also be tested in the institution, and a pan India plan of action for implementing this model would be devised.

Legal Clinics and Access to Justice in Croatia: Perspectives and Challenges

2017 ◽  
Vol 5 (1) ◽  
pp. 99-108
Author(s):  
Zvonimir Jelinic
Keyword(s):  
Financial Support ◽  
Legal Education ◽  
Legal Framework ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Future ◽  
Further Development ◽  
The Way

In this article, I dwell upon the Croatian system of free legal aid in civil and administrative matters. The background of the system, its problems and deficiencies are firstly discussed. Primary attention is on the legal framework for legal clinics, their position within the system of legal education, the importance of their role within the system of free legal aid, types of legal assistance that legal clinics can provide and the way they are obtaining financial support for their operations. We shall also try to foresee the future of Croatian clinical legal education under the present normative scheme and propose some steps that, we firmly believe, have the actual capacity to promote further development of clinical legal education within the system of free legal aid.

scholarly journals Improving Access To Justice Through Legal Aid: Exploring The Possibilities Of ‘Exceptional Case Funding’ Clinics In University Law Schools

2021 ◽  
Vol 28 (1) ◽  
pp. 68-110
Author(s):  
Emma Marshall
Keyword(s):  
Legal Education ◽  
Safety Net ◽  
Exceptional Case ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
Law Schools ◽  
Legal Advice ◽  
British State

This article focuses on the role of universities in establishing law clinics to assist individuals to make Exceptional Case Funding (ECF) applications. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed many categories of civil matters from the scope of legal aid, reducing the number of people entitled to state-funded legal advice and assistance. To replace provision for the categories removed from scope, LASPO introduced ECF to provide a ‘safety net’ for cases where human rights would be breached if legal assistance was not available. To obtain legal aid through the ECF scheme, legal aid providers or individuals must apply to the Legal Aid Agency, the department of government within the Ministry of Justice that deals with the administration of legal aid. The article considers how analysis of ECF clinics can contribute to knowledge about the work of universities in facilitating access to justice through clinical legal education, particularly in the context of cuts to legal aid expenditure. It argues that ECF clinics present an opportunity to involve students while engaging — rather than replacing — the responsibility of the British state to provide legal aid.

scholarly journals Regional Legal Assistance

Rechtsidee ◽  
2015 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Abdul Fatah
Keyword(s):  
Public Awareness ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Counsel ◽  
Legal Aid ◽  
Equitable Distribution ◽  
Legal Implications ◽  
The Law ◽  
The Right ◽  
Aid Policy

Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015). Regional Legal Assistance. Rechtsidee, 2(1), 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

scholarly journals Clinical legal education in Croatia – from providing legal assistance to the poor to practical education of students

2014 ◽  
Vol 19 ◽  
pp. 373
Author(s):  
Barbara Preložnjak
Keyword(s):  
Practical Knowledge ◽  
Economic Status ◽  
Good Practice ◽  
Legal Education ◽  
Practical Training ◽  
Legal Aid ◽  
Procedural Cost ◽  
The Poor ◽  
Law Faculty ◽  
The University

<p>Although clinical legal education has a long tradition in common law countries, the countries of the continental European legal system, to which the Republic of Croatia (hereinafter Croatia) belongs, have recognized its importance in the last few years. The first established legal clinic in Croatia was the one of the Faculty of Law at the University of Rijeka. It has been implemented as part of the curriculum for the academic year 1996/1997 and offered to the fourth year students as an elective course entitled “Clinic for Civil Law”. Within the Rijeka Clinic, law students were able to acquire theoretical and practical knowledge, by resolving hypothetical cases, under the supervision and with the support of teachers, lawyers, judges, notaries public and state attorneys. In 2002, with the support of the Institute Open Society from Budapest, the Faculty of Law at the University of Osijek established a legal clinic in the form of practical training for students of the third and fourth year of legal studies. By participating in the clinic’s activity, students of Osijek Law Faculty helped provide legal aid to citizens of lower economic status. This included help in providing general legal information and legal advice, as well as help in covering procedural cost from the funds donated to the Clinic. The lack of financial means that were needed for daily expenditures meant that the Legal Clinic in Osijek was temporarily closed. Nowadays, faculty members of Osijek Law Faculty are trying to solve financial problems and to continue previous good practice in providing legal aid to the poor citizens.</p>

scholarly journals The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011

2020 ◽  
Vol 2 (2) ◽  
pp. 111-128
Author(s):  
Helmy Yahya Rahma Aji ◽  
Raden Muhammad Arvy Ilyasa
Keyword(s):  
The State ◽  
Equal Treatment ◽  
Access To Justice ◽  
Legal Service ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Protection Of Human Rights ◽  
The Law ◽  
Constitutional Right

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.

scholarly journals ANALISIS BANTUAN HUKUM MELALUI ARBITRASE SYARIAH DALAM MENYELESAIKAN SENGKETA PERBANKAN SYARIAH

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 183-198
Author(s):  
Muslih
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Poor People ◽  
Access To Justice ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Informal Justice ◽  
Banking Regulations ◽  
National Legal System

Legal aid had the meaning of access to justice, which was the ability of people to seek and obtain restoration of their rights only through formal and informal justice court. The provision of legal aid providers in Law Number 16 of 2011 was a guarantee of the constitutional rights for the person or group of people which were categorized as poor people. Political law was something which underlies the basic policy of the promulgation of a regulation and the basic policy of the enactment of a certain regulation in the national legal system. The regulation and enforcement of sharia banking regulations in Indonesia from a political perspective of Islamic law was to be understood worthily, the existence of sharia banking regulations in Indonesia currently strengthened the theory of positivism of Islamic law and strengthened the paradigm of prophetic legal in the national legal system. According to the authors, the regulations contained in Law Number 16 of 2011 concerning legal aid, the most important thing was to provide legal assistance as a tool in law enforcement and justice. The legal assistance can be carried out in existence when the subject of legal aid, law enforcers and law institutions of sharia arbitration (Basyarnas) was functioning properly. Occasionally, the political view of Islamic law which had the main objective was the formation of justice products based on the Qur'an, Al-Hadith, Ijma and Qias in the concept and practice levels. Then the implementation of Law Number 16 of 2011 concerning legal assistance by Shari'ah arbitration in resolving Islamic banking disputes, with clear processes or mechanisms and agreements, arbitration agreement clauses before or after related to the agreement from the beginning was to provide convenience in resolving banking disputes or non banking disputes.

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 To the question on rendering free legal assistance to the population

2021 ◽  
pp. 1-9
Author(s):  
Natal'ya Olegovna Sabanina ◽  
Dmitrii Sergeevich Ermakov ◽  
Sergei Anatol'evich Popov
Keyword(s):  
Legal Education ◽  
Legal Assistance ◽  
Complex Mechanism ◽  
Legal Aid ◽  
Federal Level ◽  
Internet Resources ◽  
Information Awareness ◽  
The Subject ◽  
The Russian Federation ◽  
To Receive

Rendering legal assistance to the population is one of the crucial vectors in the activity of legislative and executive branches, as well as local self-governance in different countries. The subject of this research is the formulation of recommendations aimed at elimination of gaps in the current legislation in the area of rendering free legal assistance to the population of the Russian Federation. The article presents an analytical overview of the peculiarities of rendering free legal assistance to the citizens in Russia and abroad. Emphasis is placed on analysis of the current legislation that regulates the indicated area of legal relations, effectiveness of its application, and further improvement. The novelty of the acquired results consists in the use of comprehensive approach towards examination of theoretical and empirical materials, as well as in proposing ways to improve the mechanism of rendering free legal assistance to the Russian population. As there is currently a complex mechanism for the lawyers to provide reports in order to be paid for their assistance, it is offered to develop requirements on the federal level to receive compensation for their work. It is also essential to establish on the federal level the minimum compensation for each type of legal aid. For increasing information awareness of the citizens on the possibilities of receiving free legal aid, it is necessary to give closer attention to legal education (availability of mass media and Internet resources, creation of thematic sections and banners, publication of information of websites and at the premises of multifunctional centers, etc.). The made proposals and recommendations can be used as the theoretical framework for solution of practical problems associated with rendering free legal assistance to the population.

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.

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