Cut In Legal Aid Essay

Valuing People Now 2001; Putting People First 2007; Human Rights Act 1998; Mental Health Act 2007; Mental Capacity Act 2005; The Disability Discrimination Act 1995 (Amendment) Regulations 2003; Disability Discrimination Act 2005; safeguarding children and vulnerable adults policies; key aspects of current related legislation for England, Wales and Northern Ireland

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.

More than ever people are losing access to justice. Even though the global economic crisis affected everyone, and every jurisdictions budget there needs to be a minimum level of funding for legal aid to protect the rights of those that cannot afford legal aid (Hainsworth, 2010). According to Hainsworth, (2010) the Canadian Bar Association has asked for national standards for legal aid, just like there are standards for health care and education. The CBA believes legal aid reform is needed to ensure access to justice for low income people, it also believes funding must be increased and national standards for eligibility and civil coverage are necessary to make the system function properly again.

if they are able to provide cheaper services, it still put a dent in the people earnings for caring for the

However, I was somewhat surprised that Lee failed to explain in detail the goal of the lawsuit. I saw no explanation as to the purpose of the lawsuit as far as to change the system. The only reason I saw was from the city public advocate who feels like the system is structurally flawed. The article gave no explanation of the actual purpose of the lawsuit, only warns of potential problems that could arise from the lawsuit. (Caseworkers are pressured to close adoptions, and therefore don’t give biological families ample time to reconnect.)

It is surprising that 42 million women and 28 million children who accompany these mothers in the United States face the financial hardhips that Gilbert faces. Gilbert’s hardships in every sector of her life portray how single- mothers lack adequate support. Good and affordable childcare is hard to find. Obtaining government assistance for education, health insurance, and subsistence programs are also hard to find. I believe that the government or legislators should take into account the hardships that low-income and/or single- parent households face and provide better assistance and resources.

The importance of legal representation to those considered to be poor or disadvantaged is vital to the outcome they receive in legal processes. In saying this, eligibility for public funded representation such as legal aid can be difficult to obtain (Hall 1993). Legal aid provides assistance to people unable to afford legal representation and access to the court system (Hall 1993). Legal aid is defined as a grant of legal assistance free-of-charge, for people who cannot afford their own representation and meet certain criteria such as a means test to determine eligibility (Australian Government 2017). Published research has illustrated that the chances of people being successful rises from 20 percent to 35 percent when professionally represented

A Legal Assistant is trained to work in operational and administrative functions performed in the judicial system, and in subsidiary bodies of justice, including: notaries, conservative real estate, legal receivers, Tax Services internal, Treasury, etc. Identifies the structure and functioning of the judiciary and judicial proceedings relating to procedures and records for the handling of cases in various areas of law relating to property and contracts, family, criminal, commercial and labor, following the instruction and supervision lawyers and judges. It has theoretical and practical training in legal matters, with a general knowledge of laws and procedures and administrative duties related to the administration of justice. It has expertise

However, the lawmaker intend is to give families the help they need so they can be better parents, so the child can stay in their own home safety without been taking from their parent been place in foster care. The lawmaker didn’t foresee that many times parents neglect they’re on responsibility, and don’t want the responsibility of been a parent. Many feels like they are being obligated to be parents by the states trying keep the child in the home with parents. Many child abuse cases come from parents that really don’t care.

To convey the message that the financial support of parents in the lives of their children is vital, Title IV-D of the Social Security Act established the Federal Child Support program in 1975 which exhibits how financial participation by both parents in the life of a child is essential and encourages accountability amongst parents. An individual’s understanding of Child Support is shaped not only by their knowledge of its legal elements, but also by their personal opinions and social environments. As a society, there are many varying views of child support, but the general understanding of the program relates to the understanding of how child support works.

The citizen's right of access to the courts to challenge decisions of public authorities by judicial review is an essential feature of our legal system based on the common law. Judicial review by an independent Judiciary is fundamental to the rule of law and enables our rights and freedoms to be fully protected. It is rightly regarded as a distinctive feature of our system under one country two systems. A judicial review challenge cannot be made on political grounds. It must be made on legal grounds. These would include that the challenged decision was inconsistent with statute or the Basic Law, that there had been procedural impropriety in making it and that it was irrational in the sense that it was beyond the range of decisions open to a

In my final reflective essay, I will focus on the whole progress of my Pine Tree Legal Aid CAP (Community Action Project) group. Particularly, I will focus on how my own contribution was connected to the privilege, power, and inequality frame, and reflect upon on the class reading and events. At the same time, I will apply my reflections on the individual level, which is my own contribution to my CAP group and class, and on the international level which contains my connection to both my CAP members and the clients I have been worked with. I will reflect on the institutional level also which is focused on the connection from my experience to the peers and class.

They state that access to justice directs at the impeachments of barriers that confront people living in poverty from utilizing the legal system in the form of three “waves”. The first wave entailed the emergence of legal aid in the developed countries in the period after the Second World War. This wave intended to provide direct legal services to economically disadvantaged persons involved in the justice system. More recently, the United Nations Special Rapporteur on the Independence of Judges and Lawyers (Knaul, A/HRC/23/43, 15 March 2013) state that legal aid seeks to eradicate the barriers which impede access to justice by providing assistance to those who would not otherwise have been able to afford legal representation and access to the court system (Knaul, A/HRC/23/43, 15 March 2013, para. 27). To be more specific, the right to legal aid refers to both a right and an essential guarantee for the effective exercise of other human rights including the right to an effective remedy, the right to equality before the courts and tribunals, the right to counsel and the right to a fair trial (Knaul, A/HRC/23/43, 15 March 2013, para.

The Life Esidimeni case provided a clear example of how the rights under this act were breached during the care of mentally ill patients. Firstly, regardless as to whether one is mentally ill or physically impaired, they deserve the right to adequate healthcare (Burns, 2011). Life Esidimeni patients were however deprived of this right and sent to facilities that were crowded and not well equipped to take care of patients with serious impairments due to the fact that more funding is allocated towards formal traditional healthcare rather than mental healthcare and even less goes to community based care (Petersen & Lund, 2011). It was seen that many facilities that patients were moved to did not have the correct medication for them or they were

Judicial Activism has opened up new dimensions for the judicial process and in the administration of justice and has given a hope of the justice to the million starving people. The Fundamentals Rights enshrined in the Constitution have no meaning for the large masses of people who are leading a life a poverty and destitution, unless a socio-economic structure in which these rights become meaningful for them is created. The concept of Public Interest Litigation intended to bring justice within the reach of poor masses and to people who are not in a position to have access to Courts. It was initiated for the benefit of a class of people, who had been denied their constitutional and legal rights as they could not have access to the Courts on account of their socio-economic disabilities. Public Interest Litigation or PIL is understood and treated as the citizens’ invocation and the use of the delivery of legal services in aid of and as a tool of administration of justice.