Random Reflections on Legal Aid & Legal Education - With Special Reference to Litigation Free Village Committee of Govt. of Maharashtra State

2014 ◽  
Author(s):  
Sanjay S. Jain
2014 ◽  
Vol 19 ◽  
pp. 373
Author(s):  
Barbara Preložnjak

<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>


Author(s):  
Natal'ya Olegovna Sabanina ◽  
Dmitrii Sergeevich Ermakov ◽  
Sergei Anatol'evich Popov

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.


2020 ◽  
Vol 4 (2) ◽  
pp. 62
Author(s):  
V.S. Gigimon ◽  
Shruti Nandwana

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.


2017 ◽  
Vol 5 (1) ◽  
pp. 99-108
Author(s):  
Zvonimir Jelinic

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.


2020 ◽  
Vol 7 (2) ◽  
pp. 164-177
Author(s):  
Seyed Ali Hosseini

This article studies the burgeoning legal clinics in Afghanistan and describes the complexity that influences their effectiveness and accessibility. This complexity arises from conflicts among statutory law, Sharia and customary laws, exacerbated by the dual legal education in law and Sharia faculties in the highly challenging environment of the country. The main objective of this qualitative research is to illustrate these challenges faced by pro bono legal aid and legal clinics, and its main claim is that unsettled conflicts between statutory law, Sharia and customs and between legal education systems negatively affect legal aid provision in the country. Legal education, provided by faculties of law and Sharia to suit the aims of the two recognized legal systems of statutory law and Sharia, is considered the internal challenge to the clinical legal service, and the highly adverse environment in which legal clinics operate is considered the external challenge. Since some of the external challenges are related to traditional dispute resolution mechanisms, they are inevitably related to legal and legal education systems, and hence, addressing them improves the effectiveness of the legal clinics. This research uses available data to support its claims. As part of a sustainable solution to the acute shortage of legal aid throughout Afghanistan, legal education should emphasize practical aspects of law, improve curricular development in both law and Sharia faculties, train more female lawyers, use more broadly accepted frameworks of human rights and social justice and highlight the values of voluntarism.


2014 ◽  
Vol 19 ◽  
pp. 321 ◽  
Author(s):  
Shuvro Prosun Sarker

<p>The 1960s and 1970s were an important time in the history of legal education in India, when the legal aid movement and various legal aid committees’ reports started to draw attention to the importance of experiential learning, or learning on the job, in legal education. The main aim of involving law students in the national legal aid movement was to make them feel more responsible for the considerable part of the Indian population who, because of their socio-economic status, couldn’t access justice. The history of how India’s clinical programs were introduced has a lot in common with the history of clinical programs in other parts of the world. There was a desire to create a pool of lawyers, who would serve as soldiers in the fight for social justice for underprivileged groups in the country.</p><p>While some prestigious universities started their clinical programs in the 1970s, most of the regulators of legal education took a long time to include clinical papers in the curriculum. In 1997 the Bar Council of India introduced four practical papers in the curriculum. The spirit of public service, and the widespread poverty in a country, has always been central to the push for clinical programs everywhere. But in India, the legal aid committees’ and other statutory bodies’ reports calling for clinical programs to support social justice, were always ignored. The National Knowledge Commission’s working group on legal education specifically mentioned the need to introduce students to issues relating to poverty, social change and social exclusion, through clinical legal education.</p><p>After the introductory section, the second section discusses the introduction of clinical programs with their roots in the search for social justice in the United States and India. The third section discusses the continuous deliberation by various bodies, commissions and committees about the need to introduce clinical programs with a social justice perspective in India. The fourth section discusses the social justice-based clinical programs in China and South Africa. This section tries to highlight some of the clinical models focused on serving underprivileged groups, that have been introduced and implemented in these two countries and which ~ after local modifications ~ could serve as a template for programs in Indian law schools. The fifth section tries to search for clinical models best suited to India with reference to clinical programs in China and South Africa. Several examples of clinical activities in a few Indian law schools have been highlighted in this chapter to explain these models’ effectiveness and suitability for Indian circumstances. The sixth section sets out some suggestions for law schools and stakeholders of legal education in India as to how to further the country’s social justice mission of clinical legal education.</p>


2016 ◽  
Vol 23 (4) ◽  
pp. 136 ◽  
Author(s):  
Barbara Preložnjak ◽  
Juraj Brozović

<p class="Body">Authors lay out the debate over the composition and direction of legal education in an era of law school’s curriculum reform and limited financial resources. Croatian Legal Aid Act created an opportunity for law students to become more actively involved in delivering primarily legal aid to local community. If law schools are not sufficiently financially resourced, they can hardly equip students with the needed skills to practice law and provide legal aid. Finally, the authors argue who should play a guiding role in financing a clinical legal education in law schools that are focused on educating students as social justice lawyers.</p><p class="p0">Keywords: clinical legal education, legal aid, financial sustainability </p>


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