Legal assistance is the provision of assistance to persons unable to pay legal representation and access to the court system. Legal assistance is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, especially those known in Europe, the Commonwealth of Nations and the United States.
A number of delivery models for legal aid have emerged, including job lawyers, community law clinics and lawyer payments to handle cases for individuals eligible for legal aid.
Legal assistance is essential to ensure equal access to justice for all, as provided for in Article 6.3 of the European Convention on Human Rights concerning criminal law cases. Especially for citizens who do not have adequate financial means, the provision of legal assistance to clients by the government will increase the likelihood that, in litigation, assisted by legal professionals for free (or at a lower cost) or receiving financial assistance. Although legal aid aims to create more justice within the scope of legal practice, the assistance offered is often limited to its quality or social impact by the economic constraints that determine who can access the service and where the service is geographically located.
Video Legal aid
Histori
Legal aid has a close relationship with the welfare state, and the provision of legal aid by a country is influenced by attitudes toward welfare. Legal aid is the provision of welfare by the state to persons who can not afford lawyers from the legal system. Legal assistance also helps ensure that welfare provisions are enforced by providing people with the right to welfare provisions, such as social housing, with access to legal advice and courts.
Historically, legal aid has played a strong role in ensuring respect for the economic, social and cultural rights involved in relation to social security, housing, social care, the provision of health and education services, which may be provided publicly or privately, invite employment and anti-discrimination laws. Jurists such as Mauro Cappelletti argue that legal aid is essential in providing individuals with access to justice, enabling individual law enforcement of economic, social and cultural rights. His view flourished in the second half of the 20th century, when democracy with capitalist economy formed individual-focused, liberal welfare states. The state acts as a contractor and service provider in a market-based philosophy that emphasizes citizens as consumers. This led to an emphasis on the enforcement of individuals to achieve the realization of rights for all.
Before the mid-20th century, the literature on legal aid emphasized the collective enforcement of economic, social and cultural rights. When the classical welfare states were built in the 1940s and after World War II, the underlying principle was that citizens had collective responsibility for economic, social and cultural rights; and the state takes responsibility for those who are unable to provide themselves through illness and unemployment. Enforcement of economic, social and cultural rights is to be collective, through policy rather than individual legal action. Laws are enforced to support welfare provisions, although this is considered a law for planners, not lawyers. The legal aid scheme was established, because it was assumed that the state had a responsibility to assist those involved in legal disputes, but at first they focused primarily on family law and divorce.
In the 1950s and 1960s, the welfare state's role changed, and social goals were no longer regarded as common goals. Individuals are free to pursue their own goals. The current welfare state is expanded, along with legal aid provisions, as concerns arise over the power of welfare and professional providers. In the 1960s and 1970s, increased demand for individual rights to legally enforce economic, social and cultural rights and their welfare provisions as individuals are entitled. Mechanisms arise where citizens can legally enforce their economic, social and cultural rights, and welfare lawyers use legal aid to advise those with low incomes when dealing with state officials. Legal aid is extended from family law to various economic, social and cultural rights.
In the 1980s, the role of the classical welfare state was no longer perceived as positive, and the welfare was increasingly provided by private entities. Legal assistance is increasingly provided through private providers, but they remain focused on providing assistance in court cases. Citizens are increasingly perceived as consumers, who must be able to choose between services. If it is not possible to give such a choice, citizens are given the right to voice their dissatisfaction through an administrative grievance process. This has caused tension, as legal aid is not designed to offer advice to those seeking redress through administrative complaints. Tensions also began to emerge as a state that emphasized the enforcement of individual economic, social and cultural rights, rather than the collective enforcement through policies, reducing funding for legal aid as the provision of the welfare state. Enforcement of individual welfare rights requires a type of state legal aid that emphasizes the collective enforcement more likely to provide.
Maps Legal aid
Legal aid movement
Historically, legal aid has its roots in the right to seek advice and the right to a fair justice movement from continental European nineteenth-century nations. "The law of the poor" frees court costs for the poor and provides assignment of attorney duties to those who can not afford to pay a lawyer. Initially his hope was that the lawyer on duty would act on a pro bono basis. At the beginning of the 20th century, many European countries did not have a formal approach to legal aid, and the poor rely on a lawyer's charity. Most countries continue to enact legislation that governs the payment of moderate fees for attorneys on duty. To curb demand, legal aid is limited to attorneys' fees in judicial proceedings requiring lawyers. Countries with civil law systems and common law legal systems take different approaches to the right to seek advice in civil and criminal proceedings. Civil law countries are more likely to emphasize the right to seek advice in civil litigation, and therefore provide legal assistance in which lawyers are required. Common law countries emphasize the right to advise and provide legal assistance especially in relation to criminal proceedings.
In response to rapid industrialization in Europe at the end of the nineteenth century, trade unions and labor parties emerged that challenged the government's social policies. They obtain legislation to provide workers with legal rights in the event of an illness or accident, in an attempt to prevent industrial action by industrial workers. Unions in turn began to provide workers with legal advice on their new economic, social and cultural rights. The demand for these services was high and in an effort to provide workers with non-partisan advice, many governments began to provide legal aid at the beginning of the 20th century.
In the 20th century, legal aid has developed along with progressive principles; it is often supported by members of the legal profession who feel that it is their responsibility to care for those with low incomes. Legal assistance is driven by what lawyers can offer to meet the "legal needs" of those who have been identified as poor, marginalized or discriminated against. According to Francis Regan, the provision of legal aid is driven by supply, not demand driven, leading to a wide gap between provisions that meet perceived needs and actual demand. Legal service initiatives, such as environmental mediation and legal services, often have to be closed due to lack of demand, while others are overwhelmed with clients.
By country
Australia
Australia has a federal government system consisting of federal, state and territory jurisdictions. The Commonwealth (Commonwealth) and the respective state and territory governments are responsible for providing legal assistance for matters arising under their laws. In addition there are about 200 independent networks, not for profit, Community Legal Center.
Legal aid to Commonwealth and state issues is primarily addressed through state and territory legal aid commissions (LACs), which are independent legal entities established under state and territory laws. The Australian Government is funding the provision of legal aid to Commonwealth families, civil and criminal law matters based on agreements with state and territory governments and LACs. The majority of Commonwealth issues are included in the jurisdiction of family law.
The legal aid commission uses a mixed model to provide legal representation services. Assistance with legal representation of assistance may be provided to lawyers in homes paid or referred to private legal practitioners. The mixed model is very profitable to provide services to clients in regional areas and in cases where conflict of interest means the same lawyer can not represent both parties.
The Australian Government and most state and territory governments also fund community law centers, independent, non-profit organizations that provide referrals, advice, and assistance to people with legal issues. In addition, the Australian Government is funding financial assistance for legal services under certain legal and legal services schemes for Indigenous Australians.
Throughout history, the Australian Government established the Bureau of Justice Services in 1942 to develop a national system. In 1973, the Attorney General in Whitlam Labor, Lionel Murphy, established the Australian Legal Aid Office. Murphy acknowledges the urgent need for legal aid for justice to be equally available to all. Murphy acknowledges that: "one of the basic causes of citizen inequality before the law is the absence of adequate and comprehensive legal aid arrangements throughout Australia... The main object of the Government is that legal aid is ready and equally available to citizens, - in Australia and the aid is extended to seek litigation and litigation advice and litigation in all legal categories and in all courts. "(Senator Hon Lionel Murphy AO QC, Attorney General) Establishment of the Australian Legal Aid Office in 1973 followed by the establishment of the Aid Commission State-based law. These offices now provide most of the free or low legal assistance to those in need. In 1977, the Australian Government adopted the Law of the Commonwealth Legal Commission of 1977 (the LAC Act), which establishes cooperative arrangements between the Australian Government and state and territory governments, where legal assistance will be provided by legal entities independent aid commissions are established under state and territory laws. The process of forming LAC takes more than a decade. It began in 1976 with the creation of the Western Australian Legal Aid Commission, followed in 1978 by the Legal Aid Commission of Victoria (LACV), and ended in 1990 with the establishment of the Tasmanian Legal Aid Commission. Cooperation arrangements established by the LAC Act are provided for Commonwealth and state law and aid financing agreements, beginning in 1987.
In July 1997, the Australian Government changed its arrangement to directly fund legal aid services for Commonwealth law issues. Under this arrangement, states and territories fund assistance in respect of their own laws. In 2013, a murder trial in the Supreme Court of Victoria was postponed because legal aid was not available. This has been cited as the effect of a reduction in government funding for legal aid agencies in Australia and led to an increase in popularity for online legal aid resources such as Law Handbook and LawAnswers.
Legal aid in Australia is discussed in the case of Dietrich v The Queen (1992). It was found that although there is no absolute right to have a publicly funded advisor, in many cases a judge must grant any request for delay or stay when the defendant is not represented.
New Zealand
The legal aid system in New Zealand provides government-funded legal assistance to those who can not afford a lawyer. Legal assistance is available for most court actions at all levels of the court system. These include criminal charges, civil cases, family disputes, appeals, and Waitangi Tribunal lawsuits.
Canada
In Canada, the modern legal aid system was developed after the federal government implemented a cost-sharing system between the federal and provincial governments in the early 1970s. The federal financial contribution was initially set at 50% of the cost of the legal aid system, but the level of funding fluctuated over the years.
The actual delivery of legal assistance is undertaken by the provincial government, as part of the provincial jurisdiction over the administration of justice. For example, Legal Aid of Ontario provides legal services to residents of Ontario, the Legal Services Authority provides for the residents of British Columbia, and the Commission des Services Juridiques does the same in the province of Quebec.
Europe
Article 47 of the EU's Fundamental Rights Charter provides that legal assistance will be available to those who lack sufficient resources, to the extent that assistance is necessary to ensure effective access to justice.
Central and Eastern Europe and Russia Denmark
In Denmark, applicants must meet the following criteria to receive legal assistance for civil cases: Applicants may not earn more than kr. 289,000 ($ 50,000) per year and claims from such parties should look reasonable. In relation to a criminal case, the convicted person will only cover the costs if he has a substantial fixed income - this is to prevent recidivism.
England and Wales
Legal aid was originally founded by the Legal Aid and Legal Recommendations of 1949. In 2009, legal aid in England and Wales overpayed £ 2 billion in taxpayers per year - higher per capita spending than elsewhere in the world - and available for about 29% of adults.
Legal aid in England and Wales is administered by the Legal Aid Board (until 31 March 2013 by the Legal Services Commission), and is available for most criminal cases, and many types of civil cases. Exceptions include defamation, most personal injury cases (currently handled under the Conditional Fee Agreement, unexpected cost species), and cases related to running a business. Family cases are sometimes closed. Depending on the type of case, legal aid may or may not be meaningfully tested and in some cases legal aid may be free for those who get benefits, are not employed and have no savings or assets.
In July 2004, the European Court of Human Rights ruled that a lack of legal assistance in defamation cases, which was a position under the 1988 Legal Aid Act, which was in force at the time of the McLibel case, could violate the rights of the accused. The 1999 Access to Justice Act has outstanding financing provisions, allowing the Chancellor to legalize legal aid funds in cases that are otherwise outside the scope of legal aid schemes. A defendant in a position similar to a McLibel defendant may potentially have legal aid assistance if the application meets outstanding funding criteria.
Criminal law assistance is generally provided through private law firms and private lawyers. A number of public defenders are directly employed by the Legal Aid Agency at the Public Defender's Office ; they provide advice at police stations and advocacy in courts and supreme courts. Civil legal assistance is provided through lawyers and lawyers in private practice, but also by lawyers working in law centers and non-profit agencies.
The granting of legal aid is governed by the Access to Justice Act 1999 and additional legislation, the latter being Legal Aid, Punishment, and Punishment to the Law Offenders of 2012. There is a reduction of complaints against legal aid has prevented the poor from obtaining justice.
Disabled people who reject the benefits claim are usually denied legal aid that forces them to handle complex and miserable cases without help. Figures are debated when the benefits of being rejected fall drastically and fear the most vulnerable to loss.
German
In civil cases including employment, administrative, constitutional and social cases, assistance under the Legal Advice Scheme Act (suggestions and, where appropriate, representations) are provided. In a criminal case, the defendant has the right to give advice, and in certain cases when his sentence is at least one year from the confinement, the defendant may be given advice even to his wish.
Italy
Known as Patrocinio a spese dello Stato, legal aid is provided by the Italian Law of the House n. 115/2002 - Articles. 74-141. It is intended to apply Article 24 of the Italian Constitution and ensure access to the right of defense (in civil, administrative and criminal cases) to persons unable to independently obtain the services of lawyers because of the inability to pay them from their income (less than EUR10.776,33 per capita).
Constitution of the Italian Republic, Article 24 states:
Everyone is allowed to take legal action to protect his/her rights and legitimate interests. Defense is a right that can not be tampered with at any level of legal process. Means of action and defense before all Courts are guaranteed by the poor by public institutions. The law defines the conditions and means of law to improve the miscarriage of justice.
Legal aid in Italy is a service to enable everyone to be assisted by an attorney or by expert witnesses free from legal fees or fees in all criminal, civil, administrative, accounting or fiscal proceedings and "voluntary jurisdiction" and whenever the presence of an attorney or witness experts are required by law. Legal assistance is provided for all levels or stages of the trial, including all further incidental and contingent processes. It was awarded before the Tribunal, the Court of Appeals, the Supreme Court, the surveillance and judge tribunals, the District Administrative Court, the Review Commission, the Regional and Regional Fiscal Commission and the State Audit Court.
Scotland
Legal assistance is principally available for all civil actions at the Scottish Court and Court of Justice, with the significant exception of defamation. It is also available for some courts of law, such as the Immigration Appeal Adjudicator and the Social Security Commissioner. There is a separate criminal legal aid system, and legal aid is also available for legal advice.
Legal aid means being tested. In practice it is only available for less than a quarter of the population. It is managed by the Scottish Legal Aid Agency. Legal Aid in Scotland is also available in the Criminal Case, where more than 90% of Summary apps are provided. Interest in Justice Test is implemented, as well as the test of the means. In the case of Solemn (Court of Judges) the Court judges the Legal Aid.
Hong Kong
A unitary jurisdiction, Hong Kong provides legal assistance only provided through the Legal Aid Department, which in turn is overseen by the Legal Aid Service Council.
Administratively, the Legal Aid Department is under the Administration of the Wing Office of the Principal Secretary. In 2007 it was transferred to the Bureau of Internal Affairs, which primarily oversees local cultural and administrative issues. This is strongly criticized by opposition pro-democracy forces for endangering the neutrality of legal aid. They voted en bloc on the entire package of reorganization of the policy bureau, where the transfer of the Legal Aid Department became part of it.
South Africa
South Africa is a country that has built and reconstructed their legal system to reflect that developing governments as the country is fighting for true democratic practices. South Africa continues to adjust the constitution and practice of law to be fairer because a country is not really liberated without a rule of law that serves everyone equally regardless of their personal background, racial profile or economic standing, the ethical foundation of South Africa is not always executed.
South Africa has two court systems, a higher court and a lower court, which works to regulate constitutional law and civil cases. In addition, South Africa was initially colonized by Dutch and British troops who colonized indigenous peoples with their own practices, independent residual practices independent of the country itself are still used in certain rural areas. The various systems of social organization and adjudication in the same country are known as "legal pluralism". Informal "informal law" does not provide clear and consistent norms that distinguish from social norms making it difficult to specifically advocate. But customary law in South Africa also does not require professional representation, thus eliminating the need for accessible formal legal assistance.
For the second parallel of the court system, legal aid in South Africa is offered through two different levels of lawyers, each level corresponding to a particular court. Advocates or "lawyers" serve a small proportion of the population, working only in high courts while lawyers or "lawyers" serve those appearing in lower courts - the majority of the population. In 1969 the South African government recognized the need for legal aid providers and responded by creating the South African Legal Aid Council which started its work in 1971 and now provides the bulk of legal aid across the country. The Legal Aid Council or "Council" has full autonomy when it builds and finds out how legal aid will be offered in South Africa. The "Council" seeks to provide legal assistance to all the poor, qualified individual poor as a single individual with an income of R600.00 a month or a combined R1200.00 for married persons. If South African citizens in need of legal assistance make more than this amount, they are recommended to seek legal assistance in other forms of state provided by private advisors otherwise known as "judicare legal aid."
In accordance with the racial history of South Africa, culminating in apartheid, those with a law degree and the power to provide legal aid are leaning towards white professionals with nearly 85% of all white South African lawyers and 15% of colored people. South Africa is working toward better legal representation by creating and implementing legal clinics and legal curricula aimed at decentralizing the power of legal knowledge. These clinics also seek to provide legal exposure to students who otherwise have no opportunity to continue law school due to financial limitations.
More than 80% of the designated legal aid funds of the South African country go towards providing criminal law assistance through the Legal Aid Board. Criminal Justice is the sector with the greatest need for free legal representation in South Africa because it often marginalizes colored people who are criminalized and unable to provide representation. Prior to the enactment of the new South African Constitution written in 1994, 80% of all people who tried as criminals were not represented. This is because before the justice of the 1994 Constitution in the eyes of the law is not guaranteed to be true, meaning the state has no obligation to make legal representation accessible to all South Africans. However, as the 1994 Constitution was written, the South African government is obliged to create organizations such as the Legal Aid Council to help facilitate access to legal aid in the form of as much as possible.
For those seeking help and aware of their role in the justice system, Legal Aid in South Africa is available through:
- un-compensated personal advice (pro bono work)
- Prospective lawyer at state-funded rural law firm
- Private advice is funded by the state (judicial)
- Independent university legal clinic
- Country-funded legal clinic
- Country-funded justice center (one-stop legal aid center)
- Private legal specialist company
- Paralegal suggestion office
- Legal insurance scheme
All of these services exist and are protected by various political actions that ensure state subsidies by the Legal Aid Board or other incentives for lawyers to do legal work at a discount or often without compensation at all. This effort has been criticized by analysts in South Africa who maintain that all services are invaluable if not accompanied by community outreach and legal education programs that make citizens aware of the services and rights that are and are not guaranteed under the South African Constitution and the Bill of Rights. In response, the South African government has encouraged South African law schools to expand their reach and set up school-sponsored legal clinics and legal literacy curricula to share with common citizens.
India
Article 39A of the Indian Constitution, providing equal justice and free legal assistance:
The State shall ensure that the operation of the legal system promotes justice, on equal footing, and shall, in particular, provide free legal assistance, by appropriate law or scheme or by any other means, to ensure that the opportunities for obtaining justice are not rejected by citizens for economic reasons or other defects.
This article emphasizes that free legal services are an inalienable element of 'reasonable, fair and fair' procedures, because without it someone who suffers from economic or other disabilities will lose the opportunity to obtain justice.
On the civil side, Message XXXIII. R.18 of the Civil Procedure Code 1908 states that state and central governments may make additional provisions deemed appropriate to provide free legal services to those who have been allowed to prosecute as poor. The Law Services Authority Act, 1987 made drastic changes in the field of legal services. It is the Law to establish legal services authorities to provide free and competent legal services to weaker sections of society to ensure that opportunities for obtaining justice are not denied to any citizen for economic or other disability reasons, and to organize Lok Adalats to ensure that the operation of the legal system promotes justice on the basis of equal opportunity.
United States
A number of delivery models for legal aid have emerged. The Legal Services Corporation is authorized at the federal level to oversee these programs. In the model of "staff lawyers", lawyers are employed only by government-level salaries to provide legal assistance to eligible low-income clients, similar to staff physicians at a public hospital. In the "judicare" model, private lawyers and law firms are paid to handle cases from eligible clients along with cases of paying clients, such as paid doctors to deal with Medicare patients in the US. The "community law clinic" model consists of non-profit clinics that serve specific communities through various legal services (eg representation, education, legal reform) and are provided by lawyers and non-lawyers, similar to public health clinics.
Defendants under criminal prosecution who are unable to hire lawyers are not only guaranteed legal assistance related to the allegations, but they are guaranteed legal representation, whether in the form of public defenders, or the absence of provisions for it or due to overloaded cases, a court-appointed lawyer.
Discussions about legal aid and privileges for such services have been criticized by legal academics who claim that those who dominate and write narratives of people seeking legal aid are individuals who benefit from client narratives being one of the inevitable poverty and despair of an individual. Critics claim that this asymmetric and schematically designed client profile is required for a citizenship law assistance program within the framework of the US capitalist as a means of attracting donors and other funding sources. The representation and judgment of who seeks and deserves legal aid is put forward to contribute to the culture of blaming poverty victims, since the narrative excludes the role of state and other community stakeholders playing in the creation of this client's circumstances.
See also
- Legal awareness
- Avocats Sans FrontiÃÆ'¨res
- Contract lawyer
- Environmental Dispute Resolution Fund
- Legal clinic
- Pro Bono Net
- Public Defender
- Universal law care
- West Coast Environmental Law
References
External links
- State Legal Services Program by State - A list of programs in India funded by the Nonprofit Legal Services Institute
- Legal aid in Curlie (based on DMOZ)
- [1] - List of programs in India funded by the Nonprofit Legal Services Institute
- [2]. www.caa-ind.org
- Legal aid in Scotland. www.mygov.scot.
- Legal aid in Northern Ireland. www.dojni.gov.uk.
- Legal Aid Program in Canada, Department of Justice of Canada, Canadian Federal Government site
- Legal Aid Program in Ontario, Canada, Ontario Legal Aid, provincial government site
Source of the article : Wikipedia
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