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LEGAL SERVICES FOR THE AVERAGE CITIZEN

NCJ Number
55609
Journal
American Bar Association Journal Volume: 64 Dated: (JULY 1978) Pages: 979-981
Author(s)
T S JOHNSON
Date Published
1978
Length
3 pages
Annotation
MEASURES TO IMPROVE THE AVAILABILITY OF LEGAL SERVICES TO CITIZENS IN NEED ARE OUTLINED IN THIS SUMMARY ANALYSIS REPORT OF THE CONSORTIUM ON LEGAL SERVICES AND THE PUBLIC THAT FOCUSES ON MIDDLE-INCOME AND LOW-INCOME PERSONS.
Abstract
AVERAGE CITIZENS, MORE THAN ANY OTHER SEGMENT OF SOCIETY, ARE VULNERABLE TO ADVERSE ECONOMIC AND POLITICAL CIRCUMSTANCES (RISING COSTS, CHANGING SOCIAL CONDITIONS, AND GROWING COMPLICATIONS IN THE LEGAL ENVIRONMENT). A STUDY OF THE AMERICAN BAR ASSOCIATION INDICATES THAT ONE-THIRD OF U.S. CITIZENS WITH MODERATE OR LOW INCOMES HAVE NEVER USED THE SERVICES OF A LAWYER, ONE-THIRD HAVE USED A LAWYER ONLY ONCE IN THEIR LIVES, A SUBSTANTIAL PERCENTAGE OF THOSE WHO USING LEGAL SERVICES ARE NOT SATISFIED WITH THE EXPERIENCE, AND MOST PERSONS WHO HAVE USED A LAWYER HAVE DONE SO ONLY WITH REGARD TO A NARROW CATEGORY OF SERVICES (REAL PROPERTY CONVEYANCE, WILLS, AND DIVORCES). THE SEEKING OUT OF A LAWYER FOR A ONE-TO-ONE RELATIONSHIP WHEN THE NEED ARISES IS NOT SATISFACTORY FOR MANY CLIENTS. THERE IS AND WILL CONTINUE TO BE A CLEAR NEED TO INCREASE PUBLICLY-SUBSIDIZED LEGAL SERVICES FOR THE POOR, AS WELL AS A NEED TO ENLARGE PROTECTION AGAINST LEGAL CATASTROPHES FOR BOTH POOR AND MIDDLE-INCOME PERSONS. THE PRIMARY AIM SHOULD BE THE DEVELOPMENT OF A SYSTEM THAT DOES NOT REQUIRE GENERAL SUBSIDY; I.E., LIBERATED PRIVATE ENTERPRISE. LEGAL CLINICS AND GROUP PLANS AND THE RESULTING INCREASED USE OF PARAPROFESSIONALS AND STANDARDIZATION AND SYSTEMIZATION OF ROUTINE SERVICES ON A HIGH-VOLUME BASIS SHOULD BE ENCOURAGED. EDUCATIONAL PROGRAMS FOR LAWYERS SHOULD BE INTENSIFIED TO HELP TRADITIONAL PRACTITIONERS, ESPECIALLY IN SMALL LAW OFFICES, PROVIDE QUALITY LEGAL SERVICES AT MODERATE COST. AT THE SAME TIME IMPROVEMENTS ARE MADE, THE PUBLIC SHOULD NOT FORGET THAT MANY LEGAL SERVICES REQUIRE DIRECT, CONFIDENTIAL, AND INTIMATE PROFESSIONAL RELATIONSHIP BETWEEN LAWYER AND CLIENT INHERENT IN THE TRADITIONAL FORM OF PROVIDING LEGAL SERVICES. STRATEGIES TO MEET CITIZEN LEGAL NEEDS ARE AS FOLLOW: (1) INCREASED EFFORT TO REDUCE THE INCIDENCE AND COMPLEXITY OF LEGAL PROBLEMS SO THAT THE NEED FOR DIRECT LEGAL ASSISTANCE IS MINIMIZED; (2) RESOLUTION OF LEGAL PROBLEMS BY CITIZENS ON A GROUP BASIS WHEN FEASIBLE; (3) DEVELOPMENT OF PROCEDURES TO GIVE CITIZENS WHO LACK AN ESTABLISHED RELATIONSHIP WITH A LAWYER A STRONGER SENSE OF SECURITY AND CONFIDENCE IN OBTAINING LEGAL ASSISTANCE; (4) CURTAILMENT OF COSTS ASSOCIATED WITH OBTAINING LEGAL SERVICES; (5) INCREASED SUPPORT FOR SUBSIDIZED LEGAL SERVICES THROUGH EXPANSION OF PUBLIC LEGAL ASSISTANCE TO THE POOR AND CONTRIBUTIONS OF TIME AND EFFORT BY MEMBERS OF THE LEGAL PROFESSION; AND (6) EDUCATION OF THE PUBLIC ABOUT WHAT LAWYERS DO, WHAT THEY CHARGE, WHEN THEY ARE NEEDED, AND HOW THEY CAN BE LOCATED. THE BAR HAS ASSISTED IN THE DEVELOPMENT OF SOME INNOVATIVE FORMS OF DELIVERING LEGAL SERVICES, HAS PROMOTED PUBLIC EDUCATION ACTIVITIES, AND HAS BEEN INVOLVED IN REASSESSING ITS ETHICAL RULES. QUESTIONS AND ISSUES TO BE RESOLVED BY THE BAR ARE NOTED, AND A BLUEPRINT FOR THE DELIVERY OF LEGAL SERVICES IS PRESENTED. (DEP)

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