NCJ Number
47239
Journal
NLADA (NATIONAL LEGAL AID AND DEFENDER ASSOCIATION) BRIEFCASE Volume: 35 Issue: 2 Dated: (MARCH 1978) Pages: 44-49,56-64
Date Published
1978
Length
15 pages
Annotation
THE DIMENSIONS OF EQUAL JUSTICE ARE DISCUSSED, AND WAYS IN WHICH LEGAL SERVICES CAN CONTRIBUTE TO GREATER EQUALITY AND JUSTICE FOR THE POOR ARE DESCRIBED.
Abstract
THERE ARE FOUR PRINCIPAL AREAS IN WHICH LEGAL SERVICES CAN DEVELOP: (1) HELPING POOR PEOPLE ORGANIZE TO ACHIEVE CHANGE THROUGH THEIR OWN EFFORTS AND THROUGH PARTICIPATION IN BROADER COALITIONS; (2) DEVELOPING STRATEGIES AND REMEDIES THAT WILL SERVE ELIGIBLE CLIENTS WHILE AVOIDING CONFLICTS WITH OTHERS WHO ARE POOR AND DISCRIMINATED AGAINST; (3) CHANGING THE STRUCTURE OF LEGAL SERVICES TO DEVELOP AGGRESSIVE ADVOCACY FOCUSED ON LOCAL, STATE, AND NATIONAL PROBLEMS IN A SYSTEM AND THE SETTLEMENT MECHANISMS THAT AFFECT LEGAL SERVICES CLIENTS. CREATING NEW RELATIONSHIPS TO LEGAL SERVICES CLIENTS HAS THREE DIMENSIONS: THE INDIVIDUAL LAWYER-CLIENT RELATIONSHIP; PARTICIPATION BY THE POOR IN THE PLANNING AND PRIORITY-SETTING ACTIVITIES OF LEGAL SERVICES PROGRAMS; AND ORGANIZATION OF POOR PEOPLE THROUGH COMMUNITY OUTREACH AND EDUCATION, PREPARATION OF LAY ADVOCACY MANUALS, TRAINING OF LAY ADVOCATES, EDUCATION IN CONFRONTATION AND NEGOTIATION, AND ASSISTANCE IN INITIAL ORGANIZING EFFORTS. THE DEVELOPMENT OF STRATEGIES AND REMEDIES ENCOMPASSES ADVOCACY TECHNIQUES, IMPLEMENTATION OF RULE CHANGES, SUBSTANTIVE AREAS OF POVERTY LAW, AND COMPREHENSIVE APPROACHES TO COMBATING THE UNDERLYING CAUSES OF POVERTY (AS OPPOSED TO A NARROW, DOCTRINAL PERSPECTIVE. CHANGING THE STRUCTURE OF LEGAL SERVICES WILL INVOLVE CASELOAD CONTROL, CHANGES IN STAFFING PATTERNS AND PRACTICES, AND COORDINATION WITHIN LEGAL SERVICES. LEGAL SERVICES LAWYERS MUST ALSO ADDRESS SUCH ISSUES AS JUDICIAL DECISIONS AND ADMINISTRATIVE PRACTICES THAT LIMIT POOR PEOPLES' ACCESS TO THE COURTS, THE POTENTIALLY SEVERE IMPACT OF ALTERNATIVE DISPUTE MECHANISMS ON AVENUES OF REDRESS FOR LEGAL SERVICES CLIENTS, AND REACTIONS WITHIN THE LEGAL PROFESSION AGAINST CONSUMER CONTROL, INCREASED USE OF PARALEGALS, AND AFFIRMATIVE EFFORTS TO INCREASE THE NUMBER OF MINORITY LAWYERS. (LKM)