But those claims do not necessarily represent
a failure of access to justice.
LLLT proponents often make emotive appeals by maligning lawyers, suggesting, among other things, that lawyers are responsible for
the failures of access to justice in society.
Not exact matches
I agree with this entirely, and I think it lies at the heart
of the profession's
failure to increase
access to justice primarily through increased civil legal aid funding.
In June 1966, writing for an 8 - 1 majority,
Justice Tom Clark detailed the barrage
of «virulent and incriminating» media coverage
of the Sheppard investigation and excoriated the
failure of the trial court
to control media
access to jurors.
I think you called it a
failure as an
access to justice project but as a client generator it actually was sort
of a success.
Justice Kelen declared that Ms Jodhan's inability
to access certain government websites is representative
of a system wide
failure by government departments and agencies
to make their websites accessible, and that the government's
failure to monitor and ensure compliance with its own accessibility standards violates the equality guarantee in the Charter.
And on the
Access to Justice in Canada blog, «The
Failure of Law Societies
to Accept Their Duty in Law
to Solve the Unaffordable Legal Services Problem,» Part 1 on August 12, 2014, & Part 2 on August 14, 2014.
1) While litigation costs are often prohibitive and an obvious issue in
access to justice, litigation often arises only as a result
of failure to obtain (sufficient) legal advise in the first case.
And, (4) our law societies are making no attempt
to protect the market
of the general practitioner from the inroads being made by the commercial producers
of legal services such as, LegalZoom, LegalX, and Rocket Lawyer - see their great success in the U.S. And, (5) Canada's governments do not call our law societies
to account for such
failures and refusal
to fulfill the purpose
of a law society in regard
to access to justice.
Many
of the
failures to address and remedy the conditions in which Aboriginal women and girls live fall under BC's constitutional responsibility, including education, housing, public transportation,
access to justice, and support for families and children.
In such a state - driven exercise, not having as many trials as there are lawsuits is taken (more or less explicitly) as a
failure of the system and a denial
of «
access to justice.»
2) The joint
failure of government and the legal profession
to provide
access to justice in Ontario (ie affordable legal services for the public and equitable
access to the profession for qualified licensees) is reason enough
to make the LPP permanent;
Indeed, the denial
of meaningful
access to justice to a significant segment
of our society — those who can not afford attorneys — is a
failure of our profession and
of our system
of democracy.
The Commission listed and discussed four «potential benefits»
of ABS (increased
access to justice, enhanced financial flexibility, enhanced operational flexibility, and increased cost - effectiveness and quality
of service) and four «potential risks» (threat
to lawyers» core values, decreased pro bono work, threat
to attorney - client privilege, and
failure to deliver identified benefits).
The tipping
of the scales towards protecting commentators is perhaps too great, being based on an apparent
failure to recognise the need for a corporation
to have equal
access to justice in order
to protect its reputation.
However, perhaps a prosecution
of a law society under Criminal Code s. 122 for its
failure to perform its duties in regard
to access to justice by at least trying
to solve the unaffordable legal services problem would fail because, even if an official knows that a decision does affect his / her personal interests, there is no offence, «if the decision is made honestly and in a genuine belief that it was a proper exercise
of his jurisdiction.
«In particular, the issue
of special - interest influence over the executive branch and the
failure of the Department
of Justice to protect Megaupload consumer data
access should be scrutinized,» he said.