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JUDICARE IN WEST VIRGINIA

NCJ Number
61650
Journal
American Bar Association Journal Volume: 65 Dated: (SEPTEMBER 1979) Pages: 1346-1350
Author(s)
S J BRAKEL
Date Published
1979
Length
5 pages
Annotation
THE WEST VIRGINIA LEGAL SERVICES PLAN IS ONE OF TWO MAJOR JUDICARE PROGRAMS IN THE UNITED STATES; IT HAS PROVEN TO BE A DURABLE EXAMPLE OF SYSTEMATIC, LARGE-SCALE, PRIVATE BAR PARTICIPATION IN LEGAL SERVICES.
Abstract
TO PROMOTE ACCESS TO LEGAL SERVICES BY THE POOR, THE NATIONAL LEGAL SERVICES CORPORATION DEVELOPED SEVERAL DIVERSIFIED EXPERIMENTS INVOLVING THE PRIVATE BAR. THE WEST VIRGINIA PLAN IS A HYBRID SYSTEM OF MORE THAN 700 LAWYERS (ONE-HALF OF THE TOTAL BAR) SUPPORTED BY STAFF ATTORNEYS AND A CENTRAL OFFICE. ACCESS TO SERVICES BY ELIGIBLE PERSONS CAN BE PROMOTED THROUGH DELIBERATE MEASURES WHICH OVERCOME THE DISTRIBUTION, REPUTATION, AND OPERATION OF EXISTING SERVICES. THE JUDICARE MODEL, THROUGH EXPLOITATION OF THE NATURAL DISTRIBUTION OF LAWYERS, HAS A POTENTIAL FOR PROVIDING ACCESS, AND THIS POTENTIAL APPEARS TO HAVE MATERIALIZED UNDER THE WEST VIRGINIA PLAN. EVEN NONPARTICIPATING LAWYERS WILL REFER INDIGENT CLIENTS. HAVING THE OPPORTUNITY TO SELECT THEIR OWN LAWYER IS REGARDED AS AN IMPORTANT AND SALUTARY FEATURE BY MOST POOR CLIENTS. IT CONTRIBUTES TO THEIR FEELING THAT THEY ARE RECEIVING COMPARABLE LEGAL SERVICE. THE PLAN HANDLED OVER 9,000 CASES IN 1977, AND OVER 12,000 IN 1978. THIS VOLUME INDICATES THE OVERALL ADEQUACY OF THE PLAN. HOWEVER, CLOSER ANALYSIS REVEALS SUCH PROBLEMS AS GENERAL INACCESSIBILITY AND ISOLATION OF SEVERAL COUNTRIES. SPECIAL EFFORTS ARE RECOMMENDED FOR INCREASE OF SERVICES TO WEAKER REGIONS. THE WEST VIRGINIA PLAN REPORTS THAT ITS AVERAGE COST PER CASE WAS $135.54 IN 1978, A FIGURE SLIGHTLY LOWER THAN THAT FOR OTHER PROGRAMS. NO REFERENCES ARE PROVIDED. (TWK)

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