So let's skip forward to the here and now to see how much progress has been made regarding «expert witness battles»
as an access to justice problem.
Not exact matches
Yet energy
justice — defined here
as meeting one's needs for the services that energy provides at reasonable cost, with fair and equitable
access, and without disproportionate economic and environmental burdens — can mitigate the
problems and pressures in other areas, especially when efficiency and solar energy are developed so
as to create local jobs.
And therefore devices such
as the following are used by law societies: (1) methods
to control an alleged over-supply of lawyers; (2) «alternative legal services,» which are charity, simplistic services, and without the benefit of the solicitor - client relationship (pro bono services being but a very small exception, and possibly targeted legal services); and, (3) the sponsoring of «apps,» (the application of electronic technology
to legal services), the effect of which upon the
problem is unknown and unanalyzed, and can not solve any such
access to justice problem.
I think a key
problem at the root of the articling crisis and ongoing
access to justice concerns is that law school,
as wonderful
as it is (I loved it), simply does not adequately train students with skills that can be applied in a constructive way
to benefit clients.
Also relevant is the fact,
as acknowledged elsewhere by the LSUC, that Ontario has a serious
access to justice problem (see also the recent work of the CFCJ).
As to what we mean by a «legal»
problem,
justice and
access to justice evolve with innovation and new ways of thinking.
Two major reports on
access to justice were published in 2013 and,
as indicated by the B.C. task forces, the CBA Futures Report and the debate over ABS, legal regulators and the legal profession are taking the
access to justice problem seriously.
For further details see (pdf downloads): (1) «
Access to Justice — Unaffordable Legal Services» Concepts and Solutions»; (2) «The Technology of Centralized Legal Research Can Solve the Unaffordable Legal Services Problem»; (3) «Access to Justice — Canada's Unaffordable Legal Services — CanLII as the Necessary Support Service»; (4) «A2J: Preventing the Abolition of Law Societies by Curing the Defects in their Management Structure: A Solution to the Unaffordable Legal Services Problem»; (5) «A2J: «Let Them Eat Cake,» So Let Them Use Alternative Legal Services»; (6) Indexing; (7) Sometimes Laws are Too Important to be Left to Lawyers — Lawyers Without Technical Support,» (Slaw January 28, 2016), and other access to justice (A2J) articles on my SSRN author's page, and Slaw author's
Access to Justice — Unaffordable Legal Services» Concepts and Solutions»; (2) «The Technology of Centralized Legal Research Can Solve the Unaffordable Legal Services Problem»; (3) «Access to Justice — Canada's Unaffordable Legal Services — CanLII as the Necessary Support Service»; (4) «A2J: Preventing the Abolition of Law Societies by Curing the Defects in their Management Structure: A Solution to the Unaffordable Legal Services Problem»; (5) «A2J: «Let Them Eat Cake,» So Let Them Use Alternative Legal Services»; (6) Indexing; (7) Sometimes Laws are Too Important to be Left to Lawyers — Lawyers Without Technical Support,» (Slaw January 28, 2016), and other access to justice (A2J) articles on my SSRN author's page, and Slaw author'
Justice — Unaffordable Legal Services» Concepts and Solutions»; (2) «The Technology of Centralized Legal Research Can Solve the Unaffordable Legal Services
Problem»; (3) «
Access to Justice — Canada's Unaffordable Legal Services — CanLII as the Necessary Support Service»; (4) «A2J: Preventing the Abolition of Law Societies by Curing the Defects in their Management Structure: A Solution to the Unaffordable Legal Services Problem»; (5) «A2J: «Let Them Eat Cake,» So Let Them Use Alternative Legal Services»; (6) Indexing; (7) Sometimes Laws are Too Important to be Left to Lawyers — Lawyers Without Technical Support,» (Slaw January 28, 2016), and other access to justice (A2J) articles on my SSRN author's page, and Slaw author's
Access to Justice — Canada's Unaffordable Legal Services — CanLII as the Necessary Support Service»; (4) «A2J: Preventing the Abolition of Law Societies by Curing the Defects in their Management Structure: A Solution to the Unaffordable Legal Services Problem»; (5) «A2J: «Let Them Eat Cake,» So Let Them Use Alternative Legal Services»; (6) Indexing; (7) Sometimes Laws are Too Important to be Left to Lawyers — Lawyers Without Technical Support,» (Slaw January 28, 2016), and other access to justice (A2J) articles on my SSRN author's page, and Slaw author'
Justice — Canada's Unaffordable Legal Services — CanLII
as the Necessary Support Service»; (4) «A2J: Preventing the Abolition of Law Societies by Curing the Defects in their Management Structure: A Solution
to the Unaffordable Legal Services
Problem»; (5) «A2J: «Let Them Eat Cake,» So Let Them Use Alternative Legal Services»; (6) Indexing; (7) Sometimes Laws are Too Important
to be Left
to Lawyers — Lawyers Without Technical Support,» (Slaw January 28, 2016), and other
access to justice (A2J) articles on my SSRN author's page, and Slaw author's
access to justice (A2J) articles on my SSRN author's page, and Slaw author'
justice (A2J) articles on my SSRN author's page, and Slaw author's page.
That has not yet occurred in law around any facet of the
access to justice problem,
as far
as I can tell.
As Chief
Justice McLachlin writes in the foreword to the Cromwell Report, «the problem of access to justice is not a n
Justice McLachlin writes in the foreword
to the Cromwell Report, «the
problem of
access to justice is not a n
justice is not a new one.
It is widely accepted that many people with serious civil
justice problems do not have
access to the courts and thus do not appear
as un-represented litigants.
Last but certainly not least, with more than 1 in 4 respondents (26 %) having experienced a stress - related illness and more than 1 in 5 respondents (21 %) reporting the loss of employment or need
to relocate
as a result of their legal
problem, Global Insights on
Access to Justice reinforces the role of justice issues on people's
Justice reinforces the role of
justice issues on people's
justice issues on people's lives.
The answer is that this Government has no interest at all in maintaining
access to justice because,
as the defendant, it sees this
as the
problem itself.
It bears repeating that some of the GLSA legal plans are more than 40 years old, and even more importantly, these plans are being overlooked
as the answer
to the American
access to justice problem.
As the challenges and realities of the SRL explosion have become clearer, I have been shocked by the strength of the resistance not only
to responsive change but even
to accepting that there is an
Access to Justice problem that needs
to be understood and addressed.
As many judges and now the Governor General have reminded us, we have an
Access to Justice crisis which is a demand side
problem.
Personal plight areas such
as family law, refugee law, and human rights are the site of Canada's worst
access to justice problems.
In other words, whether you view this
as a policy
problem or not, it is definitely an
access to justice problem.
At the recent Canadian Bar Association in Saskatoon Chief
Justice McLachlin reiterated her oft - noted position that access to justice is a major problem in Canada (as reported here, e.g.) The Supreme Court has in these sorts of public statements been a leader in these
Justice McLachlin reiterated her oft - noted position that
access to justice is a major problem in Canada (as reported here, e.g.) The Supreme Court has in these sorts of public statements been a leader in these
justice is a major
problem in Canada (
as reported here, e.g.) The Supreme Court has in these sorts of public statements been a leader in these issues.
There are five propositions that Canada's law societies must accept if their statements
as to what they refer
to as their «concern about the
access to justice problem» are
to have credibility:
Alternative legal services are positioning themselves
as part of the solution
to the
access to justice problem.
While many talk about
access to justice issues, Bauman shook up the legal community when he warned these
problems could be «potentially fatal
to our profession
as we know it.»
He does acknowledge freely that
access to justice is
as much a
problem in the UK
as it is in the US.
Aaron Street: Yeah I mean I think this can be taken too far, so if you had an example like Brad where he only represents criminal defendants and therefore there's no risk of him having a conflict come through the site when he's getting actual information about actual cases, but you could see in a litigation, let's say a family law lawyer, if their website were trying
to collect information
to provide tools
as both an intake and
access to justice solution that you potentially run into tremendous conflicts of interest
problems there and I think obviously any lawyer considering pursuing this for their firm should think through the implications of their particular situation, but I think what Brad's doing is awesome in the context of his criminal law practice and I think there are versions of a similar model that could be used in something like your debt collection defense practice or a small business startup practice or an estate planning practice, but that doesn't mean that it's a model that should be replicated by every lawyer in every practice.
This concept of
access to justice recognizes that factors outside the law can make even «good» law inaccessible, and that a problem that has been framed as legal, may really be about other conditions affecting a person that are outside of the law: Patricia Hughes, Advancing Access to Justice through Generic Solutions: the risk of perpetuating exclusion, 31 Windsor Yearbook of Access to Justice 1 (2013)[Hughes, Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/view
access to justice recognizes that factors outside the law can make even «good» law inaccessible, and that a problem that has been framed as legal, may really be about other conditions affecting a person that are outside of the law: Patricia Hughes, Advancing Access to Justice through Generic Solutions: the risk of perpetuating exclusion, 31 Windsor Yearbook of Access to Justice 1 (2013)[Hughes, Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/vie
justice recognizes that factors outside the law can make even «good» law inaccessible, and that a
problem that has been framed
as legal, may really be about other conditions affecting a person that are outside of the law: Patricia Hughes, Advancing
Access to Justice through Generic Solutions: the risk of perpetuating exclusion, 31 Windsor Yearbook of Access to Justice 1 (2013)[Hughes, Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/view
Access to Justice through Generic Solutions: the risk of perpetuating exclusion, 31 Windsor Yearbook of Access to Justice 1 (2013)[Hughes, Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/vie
Justice through Generic Solutions: the risk of perpetuating exclusion, 31 Windsor Yearbook of
Access to Justice 1 (2013)[Hughes, Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/view
Access to Justice 1 (2013)[Hughes, Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/vie
Justice 1 (2013)[Hughes,
Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/view
Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/vie
Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/view/4308.
In my specialized roles
as a limited retainer lawyer and
as a legal research professional, I have an insight into a
problem that has long posed a challenge
to the legal community:
access to justice for those who can not afford
to retain a lawyer
to take full carriage of a file.
The president of the Supreme Court, Lord Neuberger, has also said the country has a «serious
problem» with
access to justice and that society will fragment without
access to justice,
as reported by Legal Voice.
Lack of A2J Threatens Us All Reason number 5: we frankly have an embarrassing
access to justice problem and while we can continue
to ignore it, we have some responsibility
to our profession and
to the public, who has extended
to us
as lawyers special self - regulating protections.
Not only was this a manifestation of injustice in itself, but it also raised major political economy
problems in terms of the commitment of middle income earners
to supporting a legal aid system of which they were never beneficiaries but only contributors
as taxpayers, even while they faced similar denials of
access to justice themselves.
As a lawyer who has worked in small claims courts, my clients need for affordable
access to justice is a
problem I have struggled with.
Should
access to justice strategies be designed
to challenge barriers that prevent individuals from participating in current dispute resolution mechanisms and
to create real opportunities for those individuals (
as well others)
to seek resolution
to a justiciable
problem?
See: Ken Chasse,
Access to Justice - Canada's Unaffordable Legal Services - CanLII
as the Necessary Support Service; and a much shorter Slaw blog version, CanLII
as the Solution
to the Unaffordable Legal Services
Problem, Oct. 24, 2013.
In order
to give manageable form
to the issue, the
problem of limited
access to justice is often deconstructed and then approached again
as a
problem of limited
access to legal services.
Ultimately, I am not sure whether these decisions will assist in enhancing
access to justice for family law litigants; but, I am hopeful that
as a consequence, at least some will pause
to reflect for a moment or two on the
problems that continue
to arise
as demand for judicial and court resources increasingly exceeds supply.
There are five propositions that Canada's law societies must accept if their statements
as to what they refer
to as their «concern about the
access to justice problem» are
to... [more]
To the extent that it is correct to say (as some here have said) that access to justice problems reside primarily in litigation — or at least are highly amplified by the one percent of lawyers who are litigators — then offering up solutions to these problems would go a long way to undercutting Mr. Kowalski's «we need ABS stance.&raqu
To the extent that it is correct
to say (as some here have said) that access to justice problems reside primarily in litigation — or at least are highly amplified by the one percent of lawyers who are litigators — then offering up solutions to these problems would go a long way to undercutting Mr. Kowalski's «we need ABS stance.&raqu
to say (
as some here have said) that
access to justice problems reside primarily in litigation — or at least are highly amplified by the one percent of lawyers who are litigators — then offering up solutions to these problems would go a long way to undercutting Mr. Kowalski's «we need ABS stance.&raqu
to justice problems reside primarily in litigation — or at least are highly amplified by the one percent of lawyers who are litigators — then offering up solutions
to these problems would go a long way to undercutting Mr. Kowalski's «we need ABS stance.&raqu
to these
problems would go a long way
to undercutting Mr. Kowalski's «we need ABS stance.&raqu
to undercutting Mr. Kowalski's «we need ABS stance.»
Nicole's current research explores how design thinking may be used
to address complex or «wicked»
problems such
as access to justice.
As the Supreme Court has shown with the already - established Texas
Access to Justice Commission (which focuses on the poorer legal aid client population), it does not simply throw commissions at
problems.
Sebastian Ko, Regional Director and Senior Legal Counsel of integrated legal technology provider Epiq, believes innovation in law will bring about transformational change and solve long unresolved
problems in the law, such
as access to justice.
Instead of operating a less well funded legal aid style program, perhaps the profession could start addressing the structural issues that are contributing
to the
problem amorphously referred
to as «
access to justice» (which I am defining
as a person's inability
to obtain legal representation at a price they can afford) by:
The program sets out a definition of
access to justice as existing «when the public can understand and use information and services in a timely and affordable way
to prevent and resolve their legal
problems and
to achieve just outcomes.»
The Vancouver Sun recently described the issue of insufficient
access to justice in British Columbia
as a «fast - approaching cliff» and urged the Law Society of British Columbia
to lead efforts
to address the
problem.
And of course, it's their business and they're entitled
to run it
as they see fit and given our
access to justice problem, anything that results in more efficient legal services and lower prices
to consumers of legal services can be seen
as a win.
«It's a good opportunity
to contribute
to the community and fill a need, and there is a growing issue in our profession about
access to justice and so it is a way
to help with that
problem as well,» he says.
I have written before about Parker, in his role
as director of the LawX Lab at BYU Law School, a legal design lab in which law students design a solution
to an
access -
to -
justice problem.
Lack of
access to justice represents a
problem where the very legitimacy of the legal system
as a way for all Canadians
to resolve disputes is at stake.
An outspoken critic of the systemic bias against pro se litigants, she is a key member of the team that created LegalYou
as the answer
to the staggering
access to justice problem that has plagued middle and lower income families.
The
Access to Justice Problem is so big that we need
as much diversity and
as much intellectual capital
as we can muster.
This approach recognizes that factors external
to the law can make the law inaccessible, and that
problems that are framed
as legal may really be caused by other societal
problems such
as lack of economic resources, education, healthcare or employment: Patricia Hughes, Advancing
Access to Justice through Generic Solutions: the risk of perpetuating exclusion, 31 Windsor Yearbook of
Access to Justice 1 (2013)[Hughes,
Access to Justice and Generic Solutions], online http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ/article/view/4308.
The inability of the vast majority of individuals and small businesses
to secure legal representation due
to lack of
access and high cost is an acute
problem often referred
to as «the
access to justice crisis.»