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Implementation of the Carter Review of Legal Aid by Great Britain: Parliament: House of Commons: Constitutional Affairs Committee Pdf
This report examines the Government's proposals for radical reform of the Legal Aid system, as set out in the Government's White Paper (Cm. 6993, ISBN 9780101699327) published in November 2006. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 9780101659123); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006. The Government plans to change the basis on which Legal Aid is to be procured by introducing a transitional system of fixed and graduated fees for cases (rather than payment on an hourly basis as is the practice now in many areas of legal aid work) as a way of preparing for full competitive tendering for Legal Aid contracts by solicitors. Overall, the Committee finds that while it supports the fundamental aims of the reforms and recognises that there is an urgent necessity to limit Legal Aid expenditure, the Government has introduced these plans too quickly, in too rigid a way and with insufficient evidence.
Access to Justice and Legal Aid by Asher Flynn,Jacqueline Hodgson Pdf
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Legal Aid Lawyers and the Quest for Justice by Daniel Newman Pdf
This book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages; in interview, lawyers claim a positive relationship with their clients while, under participant observation, there emerges quite the opposite. Paying more heed to what was seen than what was said, it is supposed that these lawyers were able to talk the talk but not walk the walk. The lawyers treat their clients with wanton disrespect; making fun of them, talking over them and pushing them to plead guilty – despite protestations to the contrary. The evidence is damning for this branch of the legal profession – and tragic for the clients who depend on them. What is responsible for this malaise...inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book is intended to show the profession that there is a problem – one that could get worse unless they choose to learn from the mistakes made by the lawyers in this study.
Access to Justice in Magistrates' Courts by Lucy Welsh Pdf
This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process. 'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process. The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors. Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process. Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.
A Dictionary of Criminal Justice by Peter Joyce,Neil Wain Pdf
The first three sections of the book explore in turn key definitions, key pieces of legislation and key documents that have helped to shape the operations of the criminal justice system, whilst the fourth details websites of particular relevance to this field. As such, this dictionary provides an extensive but accessible introduction to the important terms that relate to both the development and the contemporary processes of criminal justice. It also succeeds in placing the UK criminal justice system within an international setting through the inclusion of entries that acknowledge the global setting in which British justice operates. --
Legal Aid Denied: Women and the Cuts to Legal Services in BC by Alison Brewin Pdf
LEGAL AID DENIED Women and the Cuts to Legal Services in BC By Alison Brewin With Lindsay Stephens SEPTEMBER 2004 Legal Aid Denied: Women and the Cuts to Legal Services in BC By Alison Brewin With Lindsay Stephens September 2004 ABOUT THE AUTHORS Alison Brewin is the Program Director at West Coast LEAF, managing the law reform, litigation and public legal education work of the organization. [...] Recommendations for the government to redress this situation include: ensure funding for legal aid goes directly to legal aid services; eliminate the requirement that violence be present in the eligibility rules for family law legal aid; restructure the LSS Board to re-establish an arms length relationship between the government and the Society; and provide civil law legal aid services according t [...] In addition to legal aid, some of the changes include: • The elimination of the Ministry of Women's Equality; • The end of the universal daycare program that had begun to be implemented by the previous provincial government; • Cuts in accessibility to child care subsidies; • Elimination of the Human Rights Commission; • End to funding for women's centres; • Cuts and changes to welfare rules, inclu [...] The Charter not only includes Section 11's statements about the right to a fair trial: it also includes statements about rights to life, liberty and security of the person (Section 7); assurances that every one is equal before the law and has the right to equal protection of the law (Section 15); and guarantees that the fundamental rights outlined in the Charter must apply equally to men and women [...] Women and Poverty and Immigration Law Services Poverty Law Services Poverty law is the one area of law defined by the income level of the individual, not the subject matter of the legal problem.
Transforming lives by Legal Services Research Centre Pdf
This edited collection brings together a selection of papers originally presented at the Legal Services Research Centre's tenth anniversary international research conference. The papers, drawn from three continents, provide an insight into how people experience the law, the extent of impact of legal problems, the reasons people sometimes take no action to resolve problems, methods of service delivery, the integration of legal and health services and forms of funding legal services.
The English Legal System by Gary Slapper,David Kelly Pdf
Slapper and Kelly’s The English Legal System explains and critically assesses how our law is made and applied. Annually updated, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal System has been substantially rewritten and updated to include: updates to anti-terrorism legislation and control orders; an entirely new chapter on Family Courts and Process; the new Crime and Courts Act 2013; coverage of the Ministry of Justice proposals for reform of judicial review; expanded coverage of mediation and the Children and Families Bill 2013 and this edition also includes substantial updates arising from the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Key learning features include: a clear and logical structure with short, manageable, well-structured individual chapters; useful chapter summaries which act as a good check point for students; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; an online skills network including how tos, practical examples, tips, advice and interactive examples of English law in action. Relied upon by generations of students, Slapper and Kelly’s The English Legal System is a permanent fixture in this everevolving subject. Companion Website Visit The English Legal System companion website: www.routledge.com/cw/slapper Here you can find a bank of activities and exercises corresponding to the chapters in the book designed to give you the opportunity to test your knowledge and further your understanding of the English legal system. These include: • News and updates • Comprehensive legal skills guide • Multiple choice questions • Interactive glossary
United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3,United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3,United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5 Publisher : Unknown Page : 178 pages File Size : 49,5 Mb Release : 1963 Category : Legal aid ISBN : LOC:00183855591
Criminal Justice Act by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3,United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5 Pdf
Committee Serial No. 3. Considers legislation to assure indigent defendants' right to counsel through the public defender system.
Slapper and Kelly’s The English Legal System explains and critically assesses how our law is made and applied. Annually updated, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal System presents and analyses changes made to the legal system by the coalition government, and digests recent legislation and case law. The Constitutional Reform and Governance Act 2010, the Crime and Security Act 2010, the Coroners and Justice Act 2009, new European law, and the latest decisions of the Supreme Court are all incorporated into the text, and this edition also digests recent research on the work of juries and the criminal courts, and the 2011 changes to the regulation of, and Government contributions towards, legal services. Key learning features include: a clear and logical structure with short, manageable, well-structured individual chapters; useful chapter summaries which act as a good check point for students; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; an online skills network including how tos, practical examples, tips, advice and interactive examples of English law in action. Relied upon by generations of students, Slapper and Kelly’s The English Legal System is a permanent fixture in this ever evolving subject.
Fair Deal for All Clients by Gerald F. Phillips Pdf
The legal profession is in crisis and respect for lawyers seems everywhere in decline This is largely due to how lawyers bill their clients and lawyers'' denial that improper billing practices are causing the destruction of the profession. Fair Deal for All Clients is dedicated to improving the image of lawyers by educating the public about how lawyers bill clients and by convincing lawyers that their billing practices are harming the profession. This book gives concrete suggestions on making clients more knowledgeable about billing practices, teaching lawyers to recognize improper billing practices, and having bar associations provide ethical guidelines to ensure that billing statements are honest. Every client and potential client should read this book to learn how to negotiate fair retainer agreements to protect themselves from unreasonable billing. Every lawyer and law student should read this book so that they can contribute to preserving the legal profession through proper hourly billing practices. "Fair Deal has numerous practical suggestions for attorneys determined to bill fairly and to be paid for their work. Indeed, the book''s target audience is not limited to lawyers but also includes clients, law students, and the general public." -- Richard S. Amador, California Lawyer "Gerry Phillips has provided the legal profession a comprehensive and much needed ethical perspective for twenty-first century practitioners. The moral obligations of the legal profession are clearly articulated in a forthright manner that will inspire those coming into the profession and reignite a sense of purpose for those who have established themselves as members of the legal community. This is a book that should be on every legal professional''s bookshelf!" -- Aine Donovan, Director of the Ethics Institute at Dartmouth College "Gerald Phillips has done the legal profession a great service by digging deep into that most troubling of day-to-day issues: billing clients. His book [...] is a must read for all who practice law, and especially for those responsible for teaching how to bill, whether in law schools or firms. He teaches how to both protect oneself as well as how to be fair to clients. His many years of experience and intense, long-term interest in this subject has enabled him to collect in one place all you could ever want to know about this troubling and crucially important subject." -- Abraham D. Sofaer, Stanford University (USDJ, SDNY, 1979-85) "Gerry Phillips aptly discusses the crime of bill padding that runs rampant in our industry. Our future, as ''holders of the public trust'' means we need to do something about it...now! ...[This ] book provides us with a fascinating look inside what is happening behind the scenes, and the ugly story that is improper client billing by attorneys. He also gives us a good sit-down, talking-to, about why it has to stop." -- Mary Culbert, Loyola Law School Los Angeles "...Fair Deal for All Clients: How to Rekindle Pride in the Legal Profession addresses an extremely important issue in the modern practice of law. The billing practices of lawyers have important implications relating to client relationships, integrity of the profession, ethical conduct, and a host of related issues. The many topics covered in this book are good guidelines for lawyers at all stages in their careers and in all kinds of law-related employment situations. I applaud Gerald Phillips for undertaking this timely and very helpful description of the many considerations involved in legal billing practices." -- Deanell Reece Tacha, Duane & Kelly Roberts Dean, Pepperdine University School of Law "In this important and timely book, Mr. Phillips provides a wealth of highly practical suggestions to help attorneys bill their clients in a fair and ethical manner. The book is much more than a useful roadmap for billing procedures, however, for it explains how unethical billing has eroded respect for the bar and it admonishes attorneys to bill their clients in a manner that will honor the integrity of the legal profession." -- William G. Ross, professor of law at Samford University and author of The Honest Hour: The Ethics of Time-Based Billing by Attorneys. "Gerry Phillips takes on and exposes the inherent conflicts in much of attorney billing methods. He offers/presents alternatives to financing legal services that better align both client and attorney interests -- individual, financial, and moral. An important study for an important profession under scrutiny and stress." -- Maureen Weston, professor of law, Pepperdine School of Law