NCJ Number
61176
Date Published
1979
Length
32 pages
Annotation
WAYS ARE EXAMINED TO REPRESENT THE INTERESTS OF BOTH CONSUMERS OF LEGAL SERVICES AND THE GENERAL PUBLIC IN THE MANAGEMENT OF LEGAL SERVICES.
Abstract
HISTORICALLY, THE LEGAL PROFESSION THROUGHOUT THE WORLD, AND IN ENGLAND SPECIFICALLY, HAS MANAGED ITS OWN AFFAIRS, WITH MINIMAL EXTERNAL CONTROLS. THE 1949 BRITISH LEGAL AID AND ADVICE ACT PROVIDED FOR AN ADVISORY COMMITTEE TO OVERSEE A LEGAL AID PROGRAM RUN BY THE PROFESSION. MORE RECENTLY, LAY MEMBERS HAVE BEEN ADDED TO PROFESSIONAL COMMITTEES, AND LAY OBSERVERS HAVE REVIEWED THE LAW SOCIETY'S HANDLING OF COMPLAINTS FROM THE PUBLIC. AD HOC COMMITTEES WITH MAJORITIES OF LAY MEMBERS AND LAW CENTERS WITH LOCAL MANAGEMENT COMMITTEES CONSISTING MAINLY OF LAYPEOPLE HAVE BEEN ESTABLISHED. CANADA, THE U.S., AND AUSTRALIA HAVE EXPERIENCED SIMILAR DEVELOPMENTS, REPRESENTING A VARIETY OF POTENTIAL MODELS. AS LONG AS LAY MEMBERS ARE IN THE MINORITY WITHIN PROFESSIONAL ORGANIZATIONS AND THEIR COMMITTEES, HOWEVER, THEIR INFLUENCE IS LIMITED. THE PUBLIC INTEREST WOULD BE BETTER PROTECTED BY ESTABLISHING INDEPENDENT BODIES CONSISTING OF LAWYERS AND LAYPEOPLE TO MANAGE OR MONITOR LEGAL SERVICES AND LEGAL AID PROGRAMS. SUCH LEGAL SERVICES COMMISSIONS WOULD SERVE AS ADVISORY RATHER THAN EXECUTIVE BODIES. ALTHOUGH THESE STANDING BODIES MIGHT THREATEN THE LEGAL PROFESSION WITH A SEEMING LOSS OF INDEPENDENCE, THEY WOULD BE CONSISTENT WITH DEMOCRATIC PRINCIPLES AND PROBABLY IMPROVE THE PUBLIC'S ACCESS TO JUSTICE. THE FORM OF SUCH COMMISSIONS WOULD VARY FROM COUNTRY TO COUNTRY. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)