NEIGHBORHOOD LAW FIRMS FOR THE POOR:A COMPARATIVE STUDY OF RECENT DEVELOPMENTS IN LEGAL AID AND IN TPDF电子书下载

Part One The "Unmet Need" for Legal Services: Justifying Neighborhood Law Firms 1

Chapter 1. Studies of Legal Needs and the Justification for Neighborhood Law Firms 3

Ⅰ. From Equal Opportunity to Legal Need 3

Ⅱ. The Legal Needs of the Poor: A Diagnosis and a Remedy 4

Ⅲ. Another Diagnosis and an Expanded Cure 8

Ⅳ. Some Problems with the Technical Solution 9

Part Two The Establishment and Growth of Neighborhood Law Firms for the Poor: A Comparative Survey 15

Chapter 2. The United States 17

Ⅰ. Origins of the Neighborhood Law Firm Movement 17

A. The U.S. Legal Aid Movement 17

B. Legal Reform Through the Courts 20

C. Legal Strategies and the Emergence of the War on Poverty 21

D. The Role of the Bar in the Establishment and Early Operation of the OEO Legal Services Program 26

Ⅱ. The OEO Legal Services Program is Implemented 30

A. The NLF Model and the Expansion of the Program 30

B. NLFs, Local Bars, and Governing Boards 31

C. The OEO Legal Services Program, the National Bar, and Federal and State Governments 36

D. The Legal Services Program—The Struggle for Independence 38

Ⅲ. The Legal Services Corporation 43

A. The Legal Services Corporation Act of 1974 43

B. Implementing the Legal Services Corporation Act 45

Chapter 3. England and Wales 52

Ⅰ. Origins of the NLF Idea in England and the Early Role of the Law Society 53

Ⅱ. The North Kensington Neighbourhood Law Centre 57

Ⅲ. The NLF Movement Expands and Gains Support 61

Ⅳ. Implementing the NLF Model 64

A. The Adoption of a Social Change Orientation 64

B. Law Centers and Management Committees 67

C. Law Centers' Relations with Local Government 69

D. Law Centers' Relations with Local Solicitors 70

E. Relations among Law Centers, the National Law Society, and the Lord Chancellor's Office—The Waivers Controversy 72

F. Law Centers' Recurring Funding Difficulties 76

Ⅴ. The Royal Commission on Legal Services: Unresolved Issues and the Future of Legal Aid in England and Wales 77

Chapter 4. Canada 85

Ⅰ. The Canadian Debate—Judicare vs. Decentralized Staff Legal Aid Systems 85

Ⅱ. The Canadian Compromise—Provincial Reform and the NLF Model 87

A. Nova Scotia 88

B. Manitoba 89

C. Quebec 91

D. Saskatchewan 93

E. British Columbia 95

F. Ontario 99

G. Alberta 101

H. Newfoundland 101

Ⅲ. Conclusion 101

Chapter 5. Australia 105

Ⅰ. Background to the Australian Legal Aid Office 105

Ⅱ. The ALAO is Established 107

Ⅲ. The ALAO and the Legal Profession 108

Ⅳ. Efforts to Provide a Wider Range of NLF Services and a Statutory Basis for the Staff System 109

A. The Legal Aid Review Committee 110

B. The Commission of Inquiry into Poverty 110

C. The Legal Aid Bill of 1975 111

Ⅴ. The ALAO and State Legal Aid after the Fall of the Labour Government 113

A. The Fate of the ALAO 113

B. Reform at the State Level 113

Ⅵ. Conclusion 115

Chapter 6. The Netherlands, Belgium, and Norway 118

Ⅰ. The Netherlands 118

A. The "Law Shop" Movement and the Challenge to Judicare 119

B. The Organized Bar's Response and a New Challenge 121

C. The Current Situation and Future Prospects 123

Ⅱ. Belgium 125

Ⅲ. Norway 127

Chapter 7. The Emergence and Development of the Neighborhood Law Firm as an Institution: A Comparative Conclusion 130

Ⅰ. The Prime Movers 131

Ⅱ. The Policy Makers 133

Ⅲ . The Organized Bar and NLFs 135

A. The Financial Interests of the Profession and Judicare 136

B. The Bar and the Control of NLFs 137

C. The Bar and NLF Activities 138

D. The Importance of the Profession's Image 139

Ⅳ. The Continuing NLF Movement 140

Part Three The Strategies and Methods of Neighborhood Law Firms 143

Chapter 8. Individual Services: Meeting the Legal Needs of the Poor 145

Ⅰ. The Importance of Individual Casework 145

Ⅱ. Eligibility Requirements and the Needs of the Poor 146

Ⅲ. How the Need is Met in Practice: NLFs vs. Judicare (or Charitable) Legal Aid Systems 147

Ⅳ. Approaches to Utilizing NLFs for Individual Cases 159

A. The NLF Model by Itself 159

B. Combining NLFs and Judicare 160

C. Beyond Combining NLFs and Judicare—Meeting Legal Needs Without Lawyers 162

Ⅴ. Going Beyond Individual Needs 166

Chapter 9. Strategies for Helping the Poor as a Class—Meeting the Collective Needs of the Poor 171

Ⅰ. Law Reform 172

A. The Place of Law Reform in the NLF Movement 172

B. Law Reform in the United States 173

1. The Methods of Law Reform 174

2. The Results of the Law Reform Strategy 175

C. Law Reform in a Broader Perspective 177

Ⅱ. Organizing and Aiding Community Groups 179

A. Group Representation and Organization in the NLF Movement 179

B. The Methods of Serving Groups 184

1. Eligibility Standards for Groups 184

2. The Importance of Paralegals as Community Workers 184

3. Kinds of Group Work 187

C. Problems with Group Work 190

D. The Need for Group Work 193

Ⅲ. Community Education 194

A. Community Education in the United States and England 195

B. The Purposes of Community Education 196

C. The Need for Community Education 197

Ⅳ. The Value of the Social Change Strategies 198

Chapter 10. The Involvement of the Poor in NLF Policy Making at the Local Level 203

Ⅰ. Methods for Providing for the Formal Participation of the Poor 203

A. National or Provincial Control, Aided by Local Advisory Boards: Manitoba 204

B. Regional Control, Aided by Local Advisory Boards:Quebec 205

C. Local Control by Attorneys, Aided Sometimes by Local Advisory Boards: The United States 206

D. Local Control by Predominantly Lay Boards:Saskatchewan and England 209

Ⅱ. Community Participation and Control and the "Social Change" Strategies of NLFs 212

Chapter 11. Types of Neighborhood Law Firms 218

Ⅰ. The Legal Needs Model 218

Ⅱ. The Professional Model 219

Ⅲ. The Therapeutic Model 220

Ⅳ. The Community Control Model 221

Ⅴ. The Social-Reform-through-Groups Model 221

Part Four Conclusion 227

Chapter 12. Neighborhood Law Firms, the Legal Needs of the Poor, and Social Change 228

Ⅰ. The Changing Professional Role of Lawyers 228

Ⅱ. The Legal Profession as a Force for Social Change 231

Ⅲ. Preserving and Extending the Best Qualities of NLFs 232

Bibliography 235

Index 253

About the author 259