Analysis Of The Article ' Cause Lawyering ' And Its Promising Use A Human Rights Context

The concept of mandatory pro bono and whether or not lawyers should be required to participate in this public service has been the contentious subject of debate over recent years. Focusing on Mirko Bagaric and Penny Dimopoulos’ statement: “In our view not only do lawyers not have a duty to act for free, but they are misguided in doing so and should, for the long term benefit of the community, cease engaging in pro bono work,” this essay will critically analyse the implications of introducing mandatory pro bono into the legal profession by examining both the positive and negative aspects through the issues of altruism, tradition, government funding and the onus on small firms.

Wasserstrom also considers the fact that in many situations lawyers have the optional ability to remove themselves form issues that may contradict their individual ethics. "Having once agreed to represent the client, the lawyer in under an obligation to do his or her best to defend that person at trial." With in the process of contracting a lawyer, the lawyer has the option of acceptance or refusal of representing the client. Therefore the lawyer can asses the case and decide if it violates any of their own individual ethics.

Marginalized individuals living on the periphery not only face multiple layers of intersecting discriminations, but are most often disproportionately affected by poverty. Their inability to access the means necessary in order to achieve legal justice decreases their trust and faith in a democratic system. As such, confidence in a democratic judicial system is usually only exhibited by those able to ensure legal counsel. Vulnerable individuals will often take legal matters into their own hands increasing negative consequences and causing civil unrest. This lack of equality in access to justice will reciprocally affect the judicial integrity of the judicial system thus undermining the core ideals of a democratic

Nowadays, hiring a lawyer in UK and Wales can be quite expensive. A trainee solicitor in Great Britain hourly rate can start from a hundred and eleven pounds per hour and ranges from this to a first grade solicitor in London who would charge four hundred and nine pounds per hour . It is obvious that not everyone can afford the price of justice. Legal funding is vital as this can give a chance to people that are of lesser means, to review their case. There are various types of legal funding that I will examine in my essay for example, legal aid, private funding, conditional fee agreements, damages-based agreements and pro-bono. However, there are some ethical complications related to how these types of funding is used. Are they really used wisely and fairly based on their scope? I am going to consider the advantages and disadvantages of the various types, in order to come to a conclusion. On the other hand, there are many people claiming that technological innovations would be a very good way to compensate for lack of funding. Technological innovations such as, robot lawyer Lisa , Lexis Nexis chatbot and kiosks.

Chapter Nine has a strong relationship with the HRS in that they both describe the roles and powers of legal practitioners. The chapter can be summarized as a sociolegal study on the exercise and source of professional power as wielded by Lawyers and adjacent practitioners of law. When taken in totality, this chapter presents its findings in such a way that when “read together these studies illuminate the multiple dimensions of professional power” (Rostain, 2008, p 147). Consequently there is a heavy focus upon how lawyer’s ideologies

Thirdly, the work ethic of the lawyer is one of the problems. In the movie of ''The Verdict,'' Mr. Newman is Frank Galvin, an alcoholic who breaks the law and ignores the canons of ethics in his quest to prove that doctors at a Roman Catholic hospital prescribed the wrong treatment for a pregnant but otherwise healthy woman. She suffers severe brain damage and becomes an invalid who will spend the rest of her life in a hospital, attached to life-support equipment. Her sister and brother-in-law, who tell Mr. Newman that her medical care will require $50,000, have hired him to represent them. Among Mr. Newman breaks into a nurse's mailbox to intercept a letter. It means one of the violation of law. Moreover, he also rejects a pretrial settlement offer from the archdiocese without

The main responsibility for these types of lawyers is to defend their client, prove their innocence, and in some case negotiate a lesser charge or sentence for their

Cuts in legal aid are causing problems for the ordinary people and leaving them without vital support because there has been a reform in legal aid, which are the cuts. In this assignment, I will discuss the two-different side of impact of legal aid cuts on the people and how this act has impacted legal aid.

potential conflict concerns and interests – the involvement of the profession in complaint proceedings against lawyers, or paralegals, however well-intentioned and fair, would always be suspect because

Access to justice should not merely involve the provision of basic legal services to a greater number of citizens, but should also enable access to a broad range of legal services. Even if a ‘Legicare’ system was to come to fruition, it would likely be deficient in providing access to highly specialised legal services. A clear analogy with the Medicare system, which provides a basic level of universal health care, can be drawn. Although Medicare covers essential services, it does not usually cover matters such as dentistry and physiotherapy, for example. As with private health insurance for medical care, pro bono services would still have a critical role to play in addressing such shortfalls. As the National Pro Bono Resource Centre articulates,

For a lawyer to do less than his utmost is, I strongly feel, a betrayal of his client. Though in criminal trials one tends to focus on the defense attorney and his client the accused, the prosecutor is also a lawyer, and he too has a client: the People. And the People are equally entitled to their day in court, to a fair and impartial trial, and to justice. (p. 166)

Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are

Within the book, Dershowitz poses the question of whether prosecutors and defense attorneys are advocates for justice, or only for their clients. The reason for lawyers choosing a client can

Today, many people approach the courts for resolving different types of problems legally to live a problem less life. As a result, they seek support from a lawyer for settling the disputes at the earliest. Lawyers offer a wide range of services to their clients for establishing more power in the courts to get peace of mind.

"The lawyer's situation is different from that of other professionals. The lawyer is vulnerable to some moral criticism that does not as readily or as easily attach to any other professional." This statement acknowledges that lawyers are faced with a variety of issues that many other professional do not have to cope with. Wasserstrom also considers the fact that in many situations lawyers have the optional ability to remove themselves form issues that may contradict their individual ethics. "Having once agreed to represent the client, the lawyer in under an obligation to do his or her best to defend that person at trial." With in the process of contracting a lawyer, the lawyer has the option of acceptance or refusal of representing the client. Therefore the lawyer can asses the case and decide if it violates any of their own individual ethics.