scholarly journals EXEGESIS OF THE REASONS FOR THE RAPID GROWTH OF ENTITIES PROVIDING PROFESSIONAL LEGAL ASSISTANCE

10.23856/3214 ◽  
2019 ◽  
Vol 32 (1) ◽  
pp. 110-115
Author(s):  
Jacek Wiatrowski ◽  
Anna Nowicka

The exegesis, which had been taken  clearly proves about the abrupt growth of entities providing professional legal assistance. Such tendency has permanent character, confirms the thesis that there has been a chronic shortage of such services in Poland, while the growth of the number of entities providing legal services certainly enforces price adjustment, increasing the range of beneficiaries of legal aid, however this trend does not correlate with certainty with scope qualitative examination of legal services.


The reforms of the market of professional legal aid in any country are intended to regulate and establish «the rules of the game», which will level the risks for the population and the state that arise due to poorquality legal aid. The consolidation of the legal market based on the bar (advocates’ monopoly) is a very common phenomenon in Europe, and in France in particular. The purpose of the article is to examine the experience of reforming the market of professional legal assistance and the establishment of the advocates’ monopoly in France. The article analyzes the impact of historical events and the socio-economic context on formation of the mentioned institution. For Russia, standing on the threshold of the reform of the market of professional legal services, it is important to take into account the international experience in order to avoid possible negative consequences. The author identifis the key stages of the development of the French bar, from the Middle ages to the present day, studies the circumstances that predetermined the formation of the advocates’ monopoly in France. It is concluded that its formation was carried out taking into account the main purpose of the bar – the provision of legal assistance to those in need.



Author(s):  
Muhammad Akbar Maulana Gustaf

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.



Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 88
Author(s):  
Baharudin Baharudin ◽  
Iqbal Alin Perdana

In legal cases, namely legal cases experienced by someone, there are often problems with one's inability to be able to hire a lawyer to handle the trial process in court, in fact a suspect still has his rights in a trial, one of which is to get assistance before the law of course for defend the rights of the suspect, in cases like this if someone does not have the ability to hire a lawyer POSBAKUM or the Legal Aid Post plays an important role in helping a suspect in providing legal services in the form of consultation, legal advice and the preparation of legal documents that are really needed by a suspect based on statutory regulations, in defending a suspect the trial is carried out for free, that way every suspect from being able or not entitled to get legal assistance



2019 ◽  
pp. 1117
Author(s):  
Sarah Buhler ◽  
Michelle C. Korpan

There is currently a gap in Canadian empirical research examining the impacts of legal representation in legal aid and clinic settings. This article advocates for addressing the research gap and suggests how such research could be pursued. Empirical data is crucial to making the case for ongoing investments in publicly funded legal assistance and to ensuring the effectiveness of such assistance. Yet current research, mainly from American studies, tends to focus narrowly on litigation outcomes. This leaves many aspects of the impact of legal representation unclear, particularly regarding service delivery for vulnerable and marginalized clients. Research must examine clients’ own experiences and perspectives of legal processes so as to better reflect the complex relationship between legal representation and justice.



2014 ◽  
Vol 17 (1) ◽  
Author(s):  
Arifin Rada

Essence of Advocate Existence Based on Islamic Law. Advocate is a person who provides legal assistance, in the court as well as outside of the court based on the Law. The legal services given such as legal advice, legal aid, and any other acts, are aimed to represent client’s interest. Advocates have multi tasks to be accomplished, from simply giving people advice to struggling the rights of persons deprived of their rights. Islam pay attention to legal matter as well as the status and the mandate given to a person to another one (advocate). Islam recognize al-wakâlah due to people need it.DOI: 10.15408/ajis.v14i1.1248



2020 ◽  
Vol 1 (2) ◽  
pp. 159-162
Author(s):  
Ridwan Arifin

THE INDUSTRIAL revolution 4.0 had a significant influence in various sectors, including the law enforcement sector. Law enforcement, legal aid, legal services and advocacy in the industrial revolution 4.0 era have their own characteristics of challenges. This edition of the Indonesian Journal of Advocacy and Legal Services raises the theme of Legal Services and Advocacy in the Industrial Revolution 4.0 in the hope of providing a new picture, discourse, and treasury in the provision of services and legal assistance, advocacy and community assistance.



Author(s):  
Andjeng Pratiwi

This research aims to generate understanding through analysis related to legal regulations on legal aid and their application of Law 16/2011 concerning Legal Aid including several other implementing arrangements at the Semarang Religious Court. The form of the application of legal aid is implemented with the intention that people who are unable to obtain justice facilities through the implementation of legal aid by advocates. The provision of legal assistance at the Semarang Religious Court in cases of underprivileged communities has not run optimally as evidenced by advocates who handle a number of cases related to legal aid according to Law 16/2011 with a percentage of less than 10% of all cases that have been received. . The ambiguity of legal norms becomes a juridical obstacle in the regulations that have the authority to provide legal aid between Law 20/2009 on Religious Courts and Law 16/2011 on Legal Aid, namely the lack of socialization of the Law on Legal Aid. So that the impact results in the "lack of public knowledge" of legal services; lack of institutional knowledge outside the court; and the lack of coordination between courts and institutions that provide legal assistance; The limited budget available in the APBN to assist in the provision of laws is also an obstacle in handling a case if the case continues to the level of appeal, the level of cassation, and even the level of judicial review.



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.



Author(s):  
Riyun Khilmawati Maala

Equality before the law should be applied to all citizens impartially. However, there are still discriminatory cases against those who are in lower strata than others. So we need a legal revolution that guarantees the fulfillment of justice which is then used as a source in law enforcement practices, legal protections, and legal services for poor people or groups. In addition to Indonesia, the State of Malaysia is also trying to provide justice for all its citizens by trying to provide legal aid guarantees for its citizens who are experiencing legal problems but are not able to afford it economically. This research is intended to analyze the legal comparison of the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice. The research also aims to find out what obstacles are encountered in the implementation of legal aid in the State of Indonesia and the State of Malaysia for the sake of creating justice.



2016 ◽  
Vol 3 (3) ◽  
pp. 549-579
Author(s):  
Alice Woolley ◽  
Trevor Farrow

Most informed observers of the Canadian and American legal systems accept the existence of a significant crisis in access to justice. Evidence shows growing numbers of self-represented litigants, inadequate support for legal aid, far more reported legal issues than there is access to affordable legal assistance, and costly legal services and legal processes out of reach of most middle- and low-income citizens. Bridging this “justice gap” has become the focus of modern access to justice reform efforts.



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