The Right to Legal Services

2018 ◽  
pp. 237-266 ◽  
Keyword(s):  
Legal Services ◽  
The Right

Referral fees – the business of access to justice

Legal Studies ◽  
2012 ◽  
Vol 32 (1) ◽  
pp. 109-131 ◽  
Author(s):  
Andrew Higgins
Keyword(s):  
Justice System ◽  
Public Funding ◽  
Legal Rights ◽  
Access To Justice ◽  
Legal Services ◽  
Civil Justice ◽  
Better Regulation ◽  
The Government ◽  
The Right ◽  
Civil Justice System

The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.

C. K. Rowley, The Right to Justice – The Political Economy of Legal Services in the United States

1992 ◽  
Vol 10 (2) ◽  
pp. 195-196
Author(s):  
Domenico da Empoli
Keyword(s):  
United States ◽  
Political Economy ◽  
The United States ◽  
The Political ◽  
Legal Services ◽  
The Right ◽  
Edward Elgar

Abstract C. K. Rowley, The Right to Justice - The Political Economy of Legal Services in the United States, The Locke Institute, Brookfield, Edward Elgar, 1992, pp. 413, US$ 49,00.

scholarly journals UNUSED POSSIBILITIES OF DETECTIVE ACTIVITIES

2017 ◽  
Vol 2 (79) ◽  
pp. 15
Author(s):  
Romualdas Zaleckis
Keyword(s):  
Private Information ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Private Life ◽  
Added Value ◽  
Legal Services ◽  
Market Demand ◽  
Regulatory Aspect ◽  
The Right ◽  
Private Individual

Legal regulation of Lithuanian, Latvian, Russian private detectives activities provide additional opportunities for private detectives to create added value in their practice. Special laws of the countries in question that regulate their activities, give private detectives exclusive rights to provide detective services, therefore activities of other entities in this field is considered unlawful, and carries administrative and criminal liability. Another important statutory regulatory aspect of detective activities is that detectives can be recognized by law, within certain boundaries, to legally collect information about another persons private life, which is completely forbidden for any other private individual and collecting another person's private information, caries criminal and civil liability. And so the legislator has strictly limited the amount of entities that can provide services within the scope of detective activities and the content they are allowed to handle. The author presents two types of services as an example: the search of a debtor and his assets, a person's solvency and reliability evaluation. It is recommendable to employ educational measures to expand market demand for legal services that only detectives have the right to provide.

scholarly journals Representation in court in civil cases by lawyer as a representative

2021 ◽  
pp. 24-27
Author(s):  
Oleksandra SYTENKA ◽  
Yulia MAKARCHUK
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
Legal Services ◽  
Legal Assistance ◽  
Human Right ◽  
Civil Proceedings ◽  
Legislative Proposals ◽  
Civil Cases ◽  
The Right ◽  
Professional Representation

Introduction. The authors note that despite significant changes in the institution of representation, there are many problems in practice, so its research and modernization are relevant now. The right to protection is one of the constitutional human rights. The purpose of the paper is to study the institution of representation by a lawyer in civil proceedings and to clarify the problems that may arise in practice. Results. This paper is devoted to the study of the form of legal assistance by a lawyer through representation. The paper considers the legal aspects of the concept of legal assistance, representation, as well as types of legal services. It should be noted that the paper pays considerable attention to the representation in court in civil cases by a lawyer as a representative. The authors have determined that at present only a lawyer can be a representative who provides legal assistance. Analyzing the information, it has been found out that this is related to the amendments made to the legislation, which aimed at modernization and improvement of the institute of representation in Ukraine. The paper considers different opinions on the concentration of the exercise of the functions of legal assistance by lawyers. It is concluded, that the professional representation is necessary for implementation of the human right to adequate legal assistance. It should be noted that the possibilities of further improvement of the institute of representation through legislative proposals were considered. Conclusion. The authors concluded that the institution of representation has undergone positive changes. In practice, there are some contradictions, so this issue needs further improvement.

scholarly journals Legal Aid in Indonesia: Problems and Challenges

2021 ◽  
Vol 3 (2) ◽  
pp. 163-172
Author(s):  
Muhammad Akbar Maulana Gustaf
Keyword(s):  
Equal Treatment ◽  
Poor People ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
Judicial Process ◽  
Or Groups ◽  
The Republic ◽  
The Right

In the 1945 Constitution of the Republic of Indonesia Article 28D Paragraph (1), it is stated that "Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law." Legal aid is legal services provided by legal aid providers free of charge to legal aid recipients, namely people or groups of poor people to obtain justice. Legal Aid Providers are legal aid organizations or social organizations that provide Legal Aid services based on Law no. 16 of 2011 concerning Legal Aid. With free legal assistance, people who are unable, in this case at the economic level, who are involved in the judicial process will receive relief from obtaining legal advisors so that their rights can be protected and the judicial process can proceed properly.

scholarly journals HAK IMUNITAS ADVOKAT BERDASARKAN PASAL 16 UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XI/2013, TANGGAL 14 MEI 2014

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 26
Author(s):  
Anhar Buana Dan Imron
Keyword(s):  
Legal Protection ◽  
Good Faith ◽  
Research Library ◽  
Legal Services ◽  
Library Research ◽  
The Law ◽  
The Right ◽  
Work Done ◽  
Laws And Regulations

Advocates are people who work in providing legal services, both inside and outside the court, advocates are also a noble or honorable profession, advocates have a role that is no less important than other law enforcers and has the same position as a law enforcer so that it is natural for lawyers to have the right of immunity, namely the right of immunity to the work of his profession.Advocates in carrying out their profession, cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith for the benefit of the client's defense outside or in court, but in practice there are many cases involving advocates when carrying out their profession in the field up to the verdict until the verdict criminal.The problem raised in this paper is whether the lawyer is immune to the law with the existence of an advocate's immunity rights and how the legal protection of the advocate's immunity rights in carrying out his profession. This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.With the enactment of laws and regulations governing the rights of advocates of immunity, that advocates are not immune from the law but because the tasks or work done by advocates constitute the work or noble profession, then he is given special authority, namely the right of immunity or the right to immunity in law carrying out his professional duties

scholarly journals The Legality of Providing Legal Aid to Perpetrators of the Crime of Murder in the Perspective of the Theory of Dignified Justice

2021 ◽  
Vol 3 (4) ◽  
pp. 585-604
Author(s):  
Muhlis Safi’i
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
Main Element ◽  
Legal Services ◽  
Spiritual Values ◽  
Theory Of Justice ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Right

The Unitary State of the Republic of Indonesia is a state of law. In accordance with Article 1 paragraph (3) of the 1945 Constitution (UUD 1945). As a state of law, Indonesia must guarantee the rights of its citizens to equality and guarantees of justice, including human rights. As stated by Salim, quoting Fredrich Julius Stahl, that the main element of a state based on law is the protection, as well as the recognition of Human Rights (HAM), and upholding dignified justice. Also in Article 28D paragraph (1) of the 1945 Constitution (UUD 1945) reads: "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law". This means that the constitution itself has accommodated, the state guarantees the fulfillment of individual rights of citizens and is treated equally before the law. In a state of law, the law is used as the main shield in the movement of government, state, and society. As an effort to realize justice and the spiritual values ​​of humanity (fair and dignified), there is assistance in the form of legal services for every citizen. The existence of a dignified justice theory is a justice provided by a legal system that has spiritual and material dimensions. This theory is a theory of justice that is based on noble values ​​that are rooted in the second principle of Pancasila, "Just and Civilized Humanity" and is inspired by the first principle, "Belief in the One Supreme God". 

scholarly journals Payment for legal services in the USA civil procedure: Contingent fee, American rule and their impact on the judicial caseload

2021 ◽  
Vol 12 (3) ◽  
pp. 693-711
Author(s):  
Dmitrii V. Kniazev ◽  
◽  
Keyword(s):  
Judicial System ◽  
Legal Services ◽  
The Us ◽  
Contingent Fee ◽  
Settlement Agreement ◽  
The Usa ◽  
The Moment ◽  
The One ◽  
The Right

The article deals with the influential mechanism of the contingent fee and the American rule on the number of filings to the US judicial system, and, consequently, on the judicial caseload as a whole. The author concludes that at the moment there is no uniform idea about the role of contingent fee arrangements and the American rule in the growth of the number of filings to courts. There are two opposing views on this issue: those who stand on the side of the plaintiffs’ attorneys (and therefore for the contingent fee and for the American rule), on the one hand, and those who act on behalf of the defendants (which means against these institutions). With certainty, it can only be argued that the contingent fee and the American rule complement each other. The contingent fee justifies its existence by expanding the accessibility of justice. Under the fee, those who are unable to pay for the services of a lawyer get the opportunity to go to court. And this availability is largely based on the plaintiff ’s belief that even in the event of a loss, he will not have to pay the defendant’s costs. Together, these rules, according to their supporters, make it possible to ensure the implementation of one of the unshakable values — the right of every American to get their “day in court”. At the same time, many facts indicate that the “bundle” of the contingent fee and the American rule has led to an increase in the number of clearly unreasonable, frivolous, nuisance lawsuits that are filed not with the aim of obtaining a positive court decision, but only to persuade the defendant to accept a settlement agreement on the payment of compensation to the plaintiff.

scholarly journals KEDUDUKAN HUKUM PARALEGAL DESA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 22P/HUM/2018

2020 ◽  
Vol 1 (01) ◽  
pp. 77-94
Author(s):  
Andrie Gusti Ari Sarjono
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Legal Services ◽  
Legal Aid ◽  
Power Of Attorney ◽  
Supreme Court Ruling ◽  
The Supreme Court ◽  
Legal Expert ◽  
The Right ◽  
The Village

To eliminate or at least minimize the misuse of village funds, paralegal participation is needed. Paralegals are people who can optimize various opportunities to overcome the legal problems that exist in the village. Law Number 16 of 2011 concerning Legal Aid has given juridical legitimacy to the existence of a Paralegal as part of the legal aid provider. What is meant by legal aid is legal services provided by legal aid providers for free to legal aid recipients. Legal aid is provided by legal aid organizations or community organizations that provide legal aid services, which include exercising power of attorney, assisting, representing, defending, and / or carrying out other legal actions for the legal benefit of the recipient of legal aid. In its implementation, the legal aid provider is given the right to recruit lawyers, paralegal, lecturers, and students of the Faculty of Law. In the Judicial Review Decision, it was stated that the Paralegal did not carry out the advocate function but carried out the function of assisting lawyers. So the ability between Paralegals and Advocates is judged to be indeed far different and cannot be aligned. Paralegals should be grateful to Advocates and the Supreme Court for creating legal certainty over the functions of the Paralegal so that they do not collide with the functions of the Advocate profession and still maintain the position of the Paralegal in law in Indonesia. This Supreme Court ruling should be appreciated by all groups because it has achieved three legal objectives namely justice (gerechtigheit), expediency (zwechmaerten), and certainty (rechtssicherkeit.) As stated by a legal expert named Gustav Radburch.

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