LEGAL ADVICE AND THE NON-JUDICIAL SETTLEMENT OF DISPUTES - A CASE STUDY OF THE PUBLIC LEGAL ADVICE AND MEDIATION CENTER IN THE CITY OF HAMBURG (WEST GERMANY) (FROM ACCESS TO JUSTICE, VOL 2, 1978 - SEE NCJ-61157)

• NCJ Number: 61160
• Author(s): J FALKE; G BIERBRAUER; K F KOCH
• Date Published: 1978
• Length: 50 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Publication Type: Program Description (Model)
• Language: English
• Country: Netherlands
• Note: TRANSLATED BY IAIN FRASER IN COLLABORATION WITH DAVID DEWOLF AND JOHN WEISNER

Annotation

THE ORA, HAMBURG, WEST GERMANY'S PUBLIC LEGAL ADVICE AND MEDIATION CENTER, IS EXAMINED USING AN EMPIRICAL STUDY, AND ITS USEFULNESS IN PROVIDING ACCESS TO JUSTICE IS ASSESSED.

Abstract

THE ORA, A GOVERNMENT-FUNDED CENTER SUPERVISED BY JUDICIAL AUTHORITIES, EVOLVED FROM PRIVATE, NONPROFIT LEGAL ADVICE CENTERS AND WAS BASED ON THE CONCEPT THAT THE POOR NEED ADVICE PRIOR TO LITIGATION. THE ORA PROVIDES LOW-INCOME CLIENTS WITH LEGAL AID AND ADVICE OF ALL KINDS, RESOLVES CIVIL DISPUTES THROUGH CONCILIATION, PROVIDES RECONCILIATION PROCEEDINGS SIMILAR TO THOSE PROVIDED BY THE SCHIEDSMANN, AND ISSUES LEGAL AID CERTIFICATES TO EXEMPT PEOPLE FROM COURT COSTS AND ATTORNEYS' FEES. IN THE PRESENT STUDY, INVESTIGATORS EXAMINED 600 CASE RECORDS, STANDARDIZED INTERVIEWS WITH 119 APPLICANTS FOR LEGAL ADVICE, QUESTIONNAIRES TO 400 LEGAL AID CERTIFICATE RECIPIENTS, AND ALL 410 CASES RESULTING IN WRITTEN PLEADINGS IN 1974. MOST ADVICE GIVEN WAS IN FAMILY LAW, CONSUMER CASES, AND TENANT CASES. WHITE-COLLAR WORKERS WERE OVERREPRESENTED AND PENSIONERS UNDERREPRESENTED AMONG APPLICANTS. OVER 60 PERCENT OF THE WRITTEN PLEADINGS INVOLVED DISPUTES BETWEEN INDIVIDUALS AND A BUSINESS OR INSTITUTION. ONLY ONE IN FOUR CONSULTATIONS CONCERNED A LONG-TERM SOCIAL RELATIONSHIP. LACK OF LEGAL KNOWLEDGE OR KNOWLEDGE OF SOURCES OF LEGAL HELP WAS THE MAIN BARRIER TO ACCESS TO JUSTICE FOUND. MORE EMPIRICAL RESEARCH IS NEEDED TO DETERMINE POOR PEOPLE'S ACTUAL NEEDS. IN ADDITION, GOVERNMENT REGULATORY AGENCIES TO PROTECT CONSUMERS AND OTHER DIFFUSE GROUPS MIGHT BETTER SERVE INDIVIDUAL RIGHTS THAN WOULD LOCAL ASSOCIATIONS OF SUCH GROUPS. A NETWORK OF FREE LEGAL ADVICE CENTERS COULD PROVIDE CHOICES TO INDIVIDUALS AND INFORMATION TO LEGISLATURES ABOUT ALTERNATIVE DISPUTE RESOLUTION METHODS' EFFECTIVENESS. FOOTNOTES, TABLES, AND A BIBLIOGRAPHY ARE INCLUDED. FOR RELATED STUDIES IN THIS AND RELATED VOLUMES, SEE NCJ-61157-61159 AND 61161-61184. (CFW)