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ACCESS TO LEGAL SERVICES (FROM CRIME AND JUSTICE, 1978, BY HOYT GIMLIN - SEE NCJ-58807)

NCJ Number
58814
Author(s)
S STENCEL
Date Published
1978
Length
19 pages
Annotation
THE PUBLIC'S LEGAL NEEDS ARE GRADUALLY BEING MET BY THE SERVICES OF LEGAL CLINICS AND PUBLIC INTEREST LAW FIRMS. THE RESOLUTION OF MINOR DISPUTES MAY BEST TAKE PLACE OUTSIDE OF THE COURTS.
Abstract
DESPITE THE LARGE NUMBER OF LAWYERS IN THE UNITED STATES, THERE IS A RECOGNIZED NEED FOR ADDITIONAL LEGAL SERVICES. A SUBSTANTIAL GROUP OF CITIZENS IS IGNORANT OF THE SERVICES WHICH A LAWYER CAN PROVIDE AND WHICH THEY NEED. CONCURRENTLY, THE LEGAL PROFESSION APPEARS UNABLE TO DELIVER LEGAL SERVICES AT REASONABLE PRICES. THE NEEDS OF THE MIDDLE CLASS SEEM TO HAVE BEEN FORGOTTEN BY THE ENDEAVORS WHICH BROUGHT ASSISTANCE TO THE POOR. THE LEGAL PROFESSION HAS BEGUN, HOWEVER, TO RECTIFY THE PROBLEMS OF THE MIDDLE CLASS BY THE PROVISION OF PREPAID LEGAL INSURANCE PROGRAMS. THESE PROGRAMS ARE SIMILAR TO THE BLUE CROSS HEALTH INSURANCE PLANS BY SPREADING THE COST OF SERVICES AMONG A GROUP OF PARTICIPANTS. THE PLANS ENCOURAGE THE USE OF ATTORNEYS FOR PREVENTATIVE MEASURES, SUCH AS ESTATE PLANNING, WHICH CAN KEEP CLIENTS FROM REQUIRING MORE COMPLEX ASSISTANCE IN THE FUTURE. LEGAL CLINICS AND PUBLIC INTEREST FIRMS ARE ABLE TO CHARGE LOWER PRICES BASED ON THEIR HIGH VOLUME OF ROUTINE LEGAL WORK AND THEIR USE OF PARALEGAL PERSONNEL. THE U.S. SUPREME COURT'S SANCTION OF ADVERTISING MAY SERVE TO REDUCE FEES FOR SERVICES. DELAYS IN THE RESOLUTION OF DISPUTES MAY BE AMELIORATED THROUGH THE USE OF NEIGHBORHOOD JUSTICE CENTERS. MATTERS SUCH AS LANDLORDS AND TENANT COMPLAINTS WOULD BE ARBITRATED WITHOUT THE NECESSITY OF FORMAL ADJUDICATION. ALTHOUGH THE PUBLIC NEEDS COURT INCREASES, THE BACKLOG OF CASES HAS ENCOURAGED SUGGESTIONS THAT THE FEDERAL COURT SYSTEM NARROW ITS JURISDICTION. FOOTNOTES AND BIBLIOGRAPHY ARE PROVIDED. (TWK)

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