We already know that this is untrue — otherwise we wouldn't
have an access to justice problem in this country.
Justice Pazaratz is undoubtedly correct that Canada
has an access to justice problem.
Not exact matches
All that
has been written and said in relation
to the «
access to justice»
problem — that is, the fact that the majority of the population can not obtain legal services at reasonable cost — fails
to contain the necessary solution.
A recent report by the Action Committee on
Access to Justice in Civil and Family Matters, chaired by Supreme Court of Canada
Justice Thomas A. Cromwell, stated nearly 12 million Canadians will experience at least one legal
problem in a three - year period, and few will
have the resources
to solve them.
The primary
problem regarding
access to justice solutions
has already been that of political economy.
While it could be argued that wholesale distribution of law will create more retail (free or low cost) legal information distribution points and thus increase
access to justice — indeed, it
would solve many of the closed
problems of legal information that I listed above — I'm now not entirely convinced that this is the only way
to go for state government publication efforts.
While the
problem of
access to justice has more than one cause (and so must be addressed in more than one way), the cost of lawyers seems increasingly
to be part of the
problem.
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).
Recent reports
have underscored that
access to justice is everyone's
problem yet the issue fails
to resonate with the public — they indicate low confidence and a sense of alienation.
That
has not yet occurred in law around any facet of the
access to justice problem, as far as I can tell.
I just
have one
problem with this article — saying that at law society law libraries the public are not welcome — that is not true — law society libraries
have embraced
access to justice initiatives that allow for members of the public
to come and use the resources on site.
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.
That said, outside of certain pernicious civil
problems that plague many individuals who fall into the
access to justice gap — domestic violence, evictions, debt collections, foreclosures — even lawyers likely generally assume that the remainder of the civil system runs relatively smoothly, with both sides of a dispute
having access to an attorney.
For months, representatives from the
Access to Justice Commission and legal aid groups
have been meeting with members of the Legislature's Joint Finance Committee and the Governor's staff
to talk about two things: how legal aid can help Wisconsin residents resolve their legal
problems more efficiently and how that assistance helps the state save money.
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.
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.
Regina lawyer Alex Shalashniy said during the CBA Legal Futures Initiative's Twitter chat Tuesday night that he's heard lawyers admitting they
would be unable
to pay their own fees if they needed a lawyer — something he calls a «telling illustration» of the
access to justice problem in Canada.
Second, a central theme in the current
access to justice debate
has been the idea that there should be a culture shift in Canada's
justice system away from being organized around the provision of legal services towards a client - centred and
problem - oriented model.
That strikes straight
to the heart of the
access to justice conundrum: everyone
has lots of ideas about what the basic
problems are and what could be done
to fix them, but there appears
to be more eagerness
to discuss the issue than
to deal with it.
Mr Mercer says he
has avoided asking, for present purposes, «the extent
to which the complexity of the administration of
justice is part of the
access problem.»
We need new approaches in the quiver of
access of
justice services
to address the vast majority of legal
problems experienced by the public that are, from the point of view of the people experiencing them, serious and difficult
to resolve and that
have negative consequences if they are not dealt with.
As many judges and now the Governor General
have reminded us, we
have an
Access to Justice crisis which is a demand side
problem.
Based on the above, the OPC view is that since search engines already engage in the indexing activity and are covered under PIPEDA, they should
have the obligation
to de-index and takedown «because the
problems that need addressing arise from their own actions; and because it promotes
access to justice.»
The question of how much public pressure
would be required
to improve the historically stubborn
problem of adequate funding for legal aid and other
access to justice services is a separate issue that can be set aside for now.
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.
«I
have spoken about how
access to justice on both the civil side and the criminal side is the most pressing
problem facing our
justice system.
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:
I mean it's this interesting dynamic that we
've talked about on the show before where there's for sure the distinction between
access to justice and
access to lawyers, and that you can
have your legal
problem or your life
problem with legal implications solved without necessarily needing
to engage a lawyer, so not all
access to justice problems are
access to lawyer
problems.
Ben Burton: Yeah, so the first half of the book is a description of the
access to justice problem in both the civil courts and the criminal courts explaining how we
've gotten there, explaining the solutions that we
've tried and why they failed.
The steady increase in lawyer numbers nationwide
has not solved the
access to justice problem, mainly because the underlying economics of law school and law practice
have not changed.
LAG
would suggest that, if the government is serious about
access to justice it needs
to put back capacity into the system so that these people can get early advice on their legal
problems.
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.
We talked about an
access to justice gap, but what people are usually talking about is an
access to lawyers gap because there is actually no gap in the number of people who
have their legal
problems solved.
CLOC believes passionately that innovation, technology, collaboration and legal process management can make the legal profession more efficient and answerable
to business demands So while CLOC attendees might worry and be concerned over the severe
access to justice (A2J)
problem we
have in this country, its not necessarily the mission of the organization.
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.
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.
They
have «
Access to Justice» committees, and they express «concern» about the
problem, but nothing
has happened during all the decades during which this
problem has been inflicting more damage in one day than
have all of the incompetent and unethical lawyers in the whole history of Canada, coast
to coast
to coast.
For Pete's sake, let us deal with the real
access to justice problems,
problems that ABS
has proven almost entirely incapable of dealing with.
I can not disagree with much of the author's analysis, but I
have a fundamental
problem with the idea that
access to justice strategies need
to be «shared by all».
So far in this discussion (after 63 posts) I haven't seen anybody refer
to what the judges
have to say about any of the array of various long - standing
access to justice problems.
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.
The theme of my paper is that unless law societies solve the, «
access to justice, unaffordable legal services causing lawyers
to be short of clients
problem,» they will never
have a persuasive answer
to the argument that the resulting conflict of interest should bar them from being the regulators of non-lawyer providers of legal services.
If it were not, the great volume of literature that
has been written about this «
access to justice»
problem since 2007
would not
have been published, and the disturbingly high and increasing percentages of unrepresented litigants whom judges are warning are clogging their courts,
would not be happening.»
In the United Kingdom, academics Hazel Genn and others
have used research about justiciable
problems to reorient how
access to justice policy is developed, making it more focused the paths
to justice available
to users for resolving their
problems.
Of course you should — nobody
would quibble with that — but how does stating the obvious help inform the discussion — a discussion which began with Mr. Kowalski's invitation
to OTLA
to elaborate on its ardent anti-ABS stance and
to offer up alternative solutions
to the array of
problems undermining
access to justice.
Let us hope that more and more past supporters will
have the courage of epiphany and (1) give up trying
to deliver ownership of our profession
to those who do not and can not share our ethos, and (2) work toward improving
access to justice by tackling the real
problems.