Pro Bono, Legal Aid, and the Struggle for Justice in China

2020 ◽  
Author(s):  
Fu Hualing
Keyword(s):  
Legal Aid ◽  
Pro Bono

scholarly journals Corporate Support for Legal Services

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 136-139
Author(s):  
Jo-Ann Wallace
Keyword(s):  
Large Firm ◽  
Law Firms ◽  
Legal Services ◽  
Private Law ◽  
Legal Aid ◽  
Business Experience ◽  
Pro Bono ◽  
Corporate Support ◽  
Corporate Lawyers ◽  
The Impact

The gap in pro bono legal services provided by corporate legal departments and large private law firms is not surprising: The formalization of pro bono work by large firms has been underway on a significant scale for far longer than it has within corporations. This process has made large firm pro bono efforts more efficient and effective through improved practices. It has also led firm leaders and lawyers generally to expect more volunteerism of this sort. Companies that apply their resources, business experience, or other assets have successfully expanded the impact of their pro bono hours. Because of the scale of this need, and because legal-services lawyers have specialized expertise that corporate lawyers can't easily replicate, corporate pro bono efforts will not, on their own, close the justice gap. But these efforts have the potential to contribute significantly more to the ability of legal-aid organizations to serve their clients, and to help close this gap.

scholarly journals Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.

9. Funding Access to the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Legal System ◽  
Public Funding ◽  
Legal Services ◽  
Legal Aid ◽  
Private Funding ◽  
Essential Information ◽  
System P ◽  
Pro Bono ◽  
The Government ◽  
The Individual

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid — meaning state-funded assistance in legal matters — is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.

The Conceptualisation of Pro Bono in Singapore

2014 ◽  
Vol 9 ◽  
pp. 97-143 ◽  
Author(s):  
Helena Whalen-Bridge
Keyword(s):  
North American ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Pro Bono ◽  
Over Time

Abstract“Pro bono” is a familiar phrase in North American jurisdictions that generally refers to a lawyer’s provision of free legal services to indigent persons. The phrase “pro bono” has also come to imply a particular approach to a lawyer’s relationship to indigent persons, one that stresses the obligatory as opposed to the charitable nature of the services provided. To what extent has this phrase, and its conceptualisation of a lawyer’s role, been used in Asian jurisdictions? This article examines how one Asian jurisdiction, Singapore, conceptualises a lawyer’s relationship to indigent persons by examining newspaper usage of phrases describing legal services for indigent persons. The article argues that changes in usage over time, from free legal services and legal aid to inclusion of pro bono, coupled with increased discussions of access to justice, represent a shift to a more obligatory concept of indigent legal services. An obligatory conceptualisation potentially exerts greater pressure on lawyers to provide indigent legal services, but can also exert pressure to revise the historical lack of broad-based government funded criminal legal aid in Singapore.

Complexity Faced by Legal Clinics in Afghanistan: Addressing the Challenges

2020 ◽  
Vol 7 (2) ◽  
pp. 164-177
Author(s):  
Seyed Ali Hosseini
Keyword(s):  
Legal Education ◽  
Legal Service ◽  
Legal Aid ◽  
Education Systems ◽  
Main Claim ◽  
Curricular Development ◽  
Statutory Law ◽  
Pro Bono ◽  
Challenging Environment ◽  
Female Lawyers

This article studies the burgeoning legal clinics in Afghanistan and describes the complexity that influences their effectiveness and accessibility. This complexity arises from conflicts among statutory law, Sharia and customary laws, exacerbated by the dual legal education in law and Sharia faculties in the highly challenging environment of the country. The main objective of this qualitative research is to illustrate these challenges faced by pro bono legal aid and legal clinics, and its main claim is that unsettled conflicts between statutory law, Sharia and customs and between legal education systems negatively affect legal aid provision in the country. Legal education, provided by faculties of law and Sharia to suit the aims of the two recognized legal systems of statutory law and Sharia, is considered the internal challenge to the clinical legal service, and the highly adverse environment in which legal clinics operate is considered the external challenge. Since some of the external challenges are related to traditional dispute resolution mechanisms, they are inevitably related to legal and legal education systems, and hence, addressing them improves the effectiveness of the legal clinics. This research uses available data to support its claims. As part of a sustainable solution to the acute shortage of legal aid throughout Afghanistan, legal education should emphasize practical aspects of law, improve curricular development in both law and Sharia faculties, train more female lawyers, use more broadly accepted frameworks of human rights and social justice and highlight the values of voluntarism.

scholarly journals Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values

2021 ◽  
Vol 3 (2) ◽  
pp. 235-244
Author(s):  
Choerul Amin
Keyword(s):  
The State ◽  
Poor People ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms. 

scholarly journals Robo-debt illegality: The seven veils of failed guarantees of the rule of law?

2018 ◽  
Vol 44 (1) ◽  
pp. 4-10 ◽  
Author(s):  
Terry Carney
Keyword(s):  
Machine Learning ◽  
Rule Of Law ◽  
Cultural Change ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Pro Bono ◽  
Administrative Review ◽  
Different Levels

This article asks how rule of law institutions failed to ‘bell the cat’ on the illegality of Centrelink's robo-debt programme and its unethical character. It identifies serious structural deficiencies in the design of accountability and remedial avenues at seven different levels. It argues for adherence to Administrative Review Council guidelines on machine learning, Parliamentary accounting of Ombudsman and Audit agencies on rule of law foundations and model litigant protocols, attention to ethical administration, redacted publication of selected first tier Administrative Appeals Tribunal rulings, contractual guarantees of independence in legal aid/advocacy funding, building of pro bono advocacy partnerships, and cultural change designed to counter stigmatisation of the vulnerable.

The Conceptualisation of Pro Bono in Singapore

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Helena Whalen-Bridge
Keyword(s):  
North American ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Pro Bono ◽  
Over Time

Abstract“Pro bono” is a familiar phrase in North American jurisdictions that generally refers to a lawyer’s provision of free legal services to indigent persons. The phrase “pro bono” has also come to imply a particular approach to a lawyer’s relationship to indigent persons, one that stresses the obligatory as opposed to the charitable nature of the services provided. To what extent has this phrase, and its conceptualisation of a lawyer’s role, been used in Asian jurisdictions? This article examines how one Asian jurisdiction, Singapore, conceptualises a lawyer’s relationship to indigent persons by examining newspaper usage of phrases describing legal services for indigent persons. The article argues that changes in usage over time, from free legal services and legal aid to inclusion of pro bono, coupled with increased discussions of access to justice, represent a shift to a more obligatory concept of indigent legal services. An obligatory conceptualisation potentially exerts greater pressure on lawyers to provide indigent legal services, but can also exert pressure to revise the historical lack of broad-based government funded criminal legal aid in Singapore.

scholarly journals Access To Justice Through Pro Bono Legal Aid

2019 ◽  
Vol 3 (1) ◽  
pp. 30-48
Author(s):  
Anthon Raharusun
Keyword(s):  
Social Justice ◽  
Legal System ◽  
The State ◽  
Access To Justice ◽  
Legal Aid ◽  
Pro Bono ◽  
The Right

The concept of access to justice basically focuses on two basic objectives of the existence of a legal system, namely: First, the legal system shall be accessible to everyone from all walks of life. Second, the legal system shall be able to make fair provisions and decisions to all groups, both individually and in group. The basic idea to be prioritized in this concept is to achieve social justice for citizens of all walks of life. In this connection, the right to legal aid is a small part of the access to justice. The fulfillment of the right to legal aid as part of access to justice means that the state shall use all its resources to realize the rights to progressive legal aid.

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