This issue of LawNow looks at
problems of access to justice in some unique situations and settings.
While these problems are not the only cause of
the problem of access to justice in the United States, they constitute, in themselves, an often impregnable barrier.
This is
the problem of access to justice in Canada and we have not yet figured out which are the most appropriate tools to fix the problem.
Not exact matches
Demand that school leaders invest
in really supporting students by providing social and emotional support, like
access to school psychologists and restorative
justice counselors, and spaces where students can work through
problems instead
of calling law enforcement
to deal with discipline issues.
The lack
of focus on
access to justice and diversity
in leadership can create
problems and biases
in a product's outcome.
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.
The proof
of the importance
of that difference lies
in the fact that all
of the reports written, and all
of the conferences held about this «
access to justice»
problem and about LAO, all failed
to examine LAO LAW.
The most comprehensive and viable options I still think are outlined
in the recent «Middle Income
Access to Justice» book, which takes tackles the problem of middle class political apathy for access to justice initiatives he
Access to Justice» book, which takes tackles the problem of middle class political apathy for access to justice initiatives h
Justice» book, which takes tackles the
problem of middle class political apathy for
access to justice initiatives he
access to justice initiatives h
justice initiatives head on.
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.
U
of T's
access to middle - income
justice initiative, a multi-pronged initiative aimed at addressing the growing
problem of middle - income
access to the civil
justice system
in Canada.
The Chief
Justice's speech in Calgary, which I mentioned here last week, illustrated that despite all of our efforts to address access to justice the problem is getting worse, not
Justice's speech
in Calgary, which I mentioned here last week, illustrated that despite all
of our efforts
to address
access to justice the problem is getting worse, not
justice the
problem is getting worse, not better:
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.
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.
The fact that the majority
of Canadians can not afford
to seek
justice through the current system is a
problem which far outstrips
in magnitude concerns about maximizing procedural and due process protections for those litigants who are presently able
to access the system.
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.
This paragraph
in particular
of Malcolm Mercer's article obscures the law society's great negligence
in failing
to try
to solve the
problem, «If we are serious about the
access to justice gap, we should accept that no one solution will slay the
access dragon.
That has not yet occurred
in law around any facet
of the
access to justice problem, as far as I can tell.
The most pressing
problem when it comes
to access to justice is the vast majority
of people don't know what
to do
in case
of personal legal issues.
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.
The
problems of civil
justice,
of access to civil
justice and
of unmet need for service
in civil
justice are most commonly studied from the point
of view
of the
justice system, mainly with regard
to the courts.
All
of this also points
to the importance
of looking outside the legal profession for help
in trying
to address
access to justice problems.
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.
Access to justice is not generally a
problem in personal injury cases, because
of the prevalence
of contingency fees.
The first stage
of the process will... see the Online Solutions Court expand our ability
to secure
access to justice in two ways... it will help individuals identify the nature
of their
problem.
Therefore, because
of the
access to justice problem of unaffordable legal services, shouldn't there be an expanded constitutional «right
to counsel»
in criminal cases?
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.
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.
That is important and good but
access to justice in terms
of obtaining help dealing with legal
problems is much broader
in scope.
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.
So there are lots
of opportunities
to use your existing firm model
to help
in some way solve the
access to justice problem.
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.
It is a well - documented and oft - lamented fact that the
problem of limited
access to justice is far worse
in the rural and remote areas
of Canada than
in its cities and suburbs.
The first is the lack
of early
access points
in the
justice system
to address legal
problems and challenges.
The final report
of the Action Committee on
Access to Justice in Civil and Family Matters, A Roadmap for Change, tackles the difficult
problem of why this is the case and lays out... [more]
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.
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.
(vi) while every group experiences civil needs, the poorest and most vulnerable experience more frequent and more complex, interrelated civil legal
problems: Action Committee on
Access to Justice in Civil and Matters, Family
Justice Reform - A Review
of Reports and Initiatives: Canadian Forum on Civil
Justice, online http://www.cfcj-fcjc.org/sites/default/files/docs/2013/Family%20
Justice%20Reform%20Review%20-%20April%2015%20Final.pdf.
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 report sketches out the
access to justice problem, reflecting the manner
in which members
of the public experience legal
problems.
(Please indulge me
in a very brief discussion
of this issue, it illustrates the point I'm trying
to make nicely and I'll get
to the
access to justice problem in a moment.)
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.
The final report
of the Action Committee on
Access to Justice in Civil and Family Matters, A Roadmap for Change, tackles the difficult problem of why this is the case and lays out recommendations for what can be done to bring full access to justice to Cana
Access to Justice in Civil and Family Matters, A Roadmap for Change, tackles the difficult problem of why this is the case and lays out recommendations for what can be done to bring full access to justice to Can
Justice in Civil and Family Matters, A Roadmap for Change, tackles the difficult
problem of why this is the case and lays out recommendations for what can be done
to bring full
access to justice to Cana
access to justice to Can
justice to Canadians.
While rooted
in the very best
of intentions, this standard approach
to justice reform fails
to consider the opinions and suggestions
of the only people who can speak fully
to the severity
of the
access to justice crisis — the people who sought
to resolve their legal
problems through the
justice system and who failed somewhere along the way.
The national Action Committee on
Access to Justice in Civil and Family Matters notes
in its final report that only about 6.5 %
of legal
problems ever make it
to court, but it is unlikely
in the extreme that so many
of the people with high school diplomas or less are bundled into the 93.5 % who manage
to resolve their legal issues outside
of court, especially when we know that for people with low incomes, legal issues tend not come one at a time but cluster and multiply into other areas
of the law.
In combination, these aspects of the current licensing regime skew new entrants to the legal profession towards serving the present and future needs of relatively advantaged clients and, in so doing, reinforce the current and future access to justice proble
In combination, these aspects
of the current licensing regime skew new entrants
to the legal profession towards serving the present and future needs
of relatively advantaged clients and,
in so doing, reinforce the current and future access to justice proble
in so doing, reinforce the current and future
access to justice problem.
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.
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.