Joseph Stembridge's blog ::kaghin legal aid network ...
The concept of legal aid assumes that a party financially or physically cannot appoint their own legal representation and need help doing so. Many legal aid programs in the U.S., outside of criminal representation required by constitutional rights, provide legal aid based on financial needs. Court systems typical administer legal aid programs and pay lawyers for their time assisting cases where representation is needed. Under the criminal court system, the government level prosecuting the crime also has to provide defense representation to provide a fair trial. Definition Lawyers who participate in legal aid programs do so with the understanding that they are helping people who otherwise could not afford to hire lawyer on their own. This assistance could be done through outright assignment of a case, part-time help on a case, or working within an organization that provide assistance. In all cases, the legal aid is paid for by the government body that maintains the court and case system. Modes of Employment Legal aid lawyers could be court-appointed. These attorneys go through specific training and get listed on a bank of names the court can draw upon to take cases paid for by the court. Alternatively, the lawyer could work for a clinic that is funded with a grant or a government program to specifically provided targeted legal assistance to an underrepresented demographic. Finally, legal aid can be accepted by direct contractual relationships that begin and end with a specific case as a one-time hire. Effectiveness Depends on Funding In many jurisdictions and programs, aside from a law degree and bar license, there is no guarantee for a represented party that they will receive quality legal representation. Many times the lawyers who participate are fresh out of law school and trying to make a start with basic fees. A long-held belief, particularly in criminal matters, is that legal aid attorneys are overworked and underpaid which results in poor representation and a tendency to try to plea-bargain or settle cases quickly. Work is Sometimes Limited to Research and Guidance A number of legal aid programs and attorneys work as assistance centers but don't perform any specific representation or litigation on behalf of needy parties. Such operations take legal aid funds through grants with the intent to provide one-stop advice help and guide the poor to other resources that may give specific representation or results. Others may limit their work to only extreme situations such as battered spouse/partner services that only work with immediate physical victims. Sources: CLASP; Securing Equal Justice for All; Alan Houseman; 2007. http://www.clasp.org/admin/site/publications/files/0158.pdf Lawyers.com: Legal Aid - Its Service and Its Struggle; Susan Brazas http://research.lawyers.com/Legal-Aid-Its-Service-and-Its-Struggle.html Ontario - Ministry of the Attorney General: Lawyers and Legal Aid http://www.attorneygeneral.jus.gov.on.ca/english/family/lawyers.asp |
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The LAS40 blog was created as a place to share experiences about the Legal Aid Society as we prepare to celebrate our 40th Anniversary.
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