NCJ Number
60317
Journal
Deviance et societe Volume: 2 Issue: 3 Dated: (SEPTEMBER 1978) Pages: 223-259
Date Published
1978
Length
28 pages
Annotation
LEGAL CONSULTATION SERVICES AND LAW SHOPS ARE COMPARED WITH REGARD TO THEIR ORIGINS, THEIR GOALS, AND THEIR METHODS OF OPERATION ON THE BASIS OF VISITS TO FRENCH AND FOREIGN LAW SHOPS AND LITERATURE REVIEWS.
Abstract
THE RAPID INCREASE IN VARIOUS TYPES OF LEGAL SERVICES IS ATTRIBUTED TO THE PUBLIC'S IGNORANCE OF THE LEGAL APPARATUS, ESPECIALLY AMONG THE SOCIALLY DISADVANTAGED, AS WELL AS TO LIMITED INSTITUTIONAL LEGAL AID. TWO ABSTRACT EXTREMES ILLUSTRATE THE RANGE OF ACTION FOR EXPERIMENTATION. THE INSTITUTIONAL APPROACH VIEWS NON-ACCESS TO JUSTICE AS A SOCIAL DYSFUNCTION PROBLEM REMEDIED WITH INFORMATION, WHILE THE STRUCTURAL APPROACH CONSIDERS ACCESS PROBLEMS THE RESULT OF PARTICIPATION BY THE LEGAL APPARATUS IN SOCIAL DOMINATION. WHILE CONSULTATION SERVICES HAVE BEEN CREATED BY PROFESSIONAL ORGANIZATIONS OR INSTITUTIONS AND USE THE MEDIA FOR DISSEMINATION OF INFORMATION, LAW SHOPS ARE USUALLY BASED IN NEIGHBORHOODS AND ARE UNDER THE DIRECTION OF SMALL MILITANT GROUPS WHICH RELY ON LOCAL HEADQUARTERS TO PASS ON INFORMATION. IN LEGAL CONSULTATIONS INTERVENTION FOLLOWS TRADITIONAL CLIENT-CONSULTANT PATTERNS WITH A LAWYER-MEDIATOR WHO TAKES FULL CHARGE OF THE CASE; THE LAW SHOP ENCOURAGES DISCUSSION, AT TIMES IN GROUPS, WITH LAWYERS SERVING AS RESOURCE PERSONS ONLY SO THAT THE CLIENT MUST REACH HIS OWN DECISIONS AND PARTICIPATE IN PREPARING HIS OWN CASE. WHEREAS CONSULTATION SERVICES REMAIN OF THE ONE-TIME SPOT INTERVENTION TYPE, LAW SHOPS ARE ABLE TO FOLLOW UP CASES AT THE NEIGHBORHOOD LEVEL. BOTH APPROACHES OFFER THEIR SERVICES FOR FREE OR FOR A MINIMAL FEE. THE CONCEPT OF LAW BY CONSULTATION SERVICES INVOLVES STRICT ADHERENCE TO EXISTING NORMS IN BUILDING A DEFENSE; LAW SHOPS ATTEMPT TO USE LAW AS AN INSTRUMENT OF COMBAT TO OPERN NEW PERSPECTIVES AND AREAS OF INTERPRETATION WHILE EMPHASIZING COLLECTIVE ACTION. LAW SHOPS HAVE BEEN SUCCESSFUL AS A MEANS FOR SOCIAL CHANGE WITHIN A NEIGHBORHOOD NETWORK, BUT THEY RUN THE RISK OF DISSIPATING THEIR ENERGIES IN TOO WIDE A VARIETY OF NONLEGAL PROJECTS. A TABLE SUMMARIZING THE POINTS OF COMPARISON AND NOTES ARE SUPPLIED. --IN FRENCH. (KMD)