NCJ Number
72494
Date Published
1979
Length
28 pages
Annotation
Traditional and aggressive legal rights activities have grown alongside each other in the U.S. to create a dynamic legal rights system.
Abstract
Early 20th century legal rights services grew out of a long tradition of charitable legal work for the poor. Legal aid offices and defender programs were scarce and poorly financed, staffed by lawyers looking for alternatives to private practice or by those seeking security from a competitive society. Yet these programs were an important reform, because they at least began broadening the delivery of legal services, despite their paternalism, moralism, and limitations. By the late 1960's and early 1970's, legal rights activities had expanded into a variety of organizations. Both traditional and aggressive organizations served the legal needs of the poor and the unrepresented, but aggressive organizations played the role of charting out new areas, uncovering problems, defining problems in terms of legal needs, and sensitizing the country to these issues. They were a creative force in the development of a legal consciousness on the behalf of the poor and the unrepresented, functioning differently from traditional legal rights organizations which respond mostly to demands thrust upon them. Organizations also performed the role of recruiting, training, and cycling lawyers interested in pursuing careers in legal rights activities. Within each setting, lawyers could select organizations that were aggressive, traditional, or a mixture of both. Although organizations engaged in aggressive legal rights work (i.e., the American Civil Liberties Union; Ralph Nader's public interest law firms) have been the most prominent--at least in terms of publicity and controversy--mixed and traditional organizations (i.e., National Public Defender programs) have also grown, with the overall picture offering many opportunities for legal aid. Fifty-five notes and references are provided. (Author abstract modified)