In criminal cases, defendants are granted an inherent right to legal representation when defending their case in court, regardless of whether or not they can pay for it later—but in civil cases (e.g., those dealing with spousal abuse, small claims, protection orders, etc.) this is not necessarily the case, even when it means risking someone’s health or safety. Guaranteeing professional legal assistance to those about to head to court is important due to the complexity of the legal system and jargon that would leave the average, untrained citizen confused and unable to effectively defend their case. It has been proposed that the multitude of private lawyers constitute a previously untapped resource that may hold the key to solving this issue, and that free assistance to civil case defendants in poverty should be made a requirement. However, according to the American Bar Association’s Standing Committee on Pro Bono and Public Service, a certain amount of free (“pro bono”) legal assistance is already a standard practice of US law practitioners. The mechanisms of self-preparation for defendants in civil cases must be reviewed and improved upon, and incentives to complete additional pro bono work should be offered to lawyers—not requirements to do so.
It wasn’t always this difficult to get legal help for free. In the past, obtaining free legal assistance for civil cases wasn’t an issue for those in poverty due to the many government-funded programs dedicated to providing such assistance, but with unprecedented state and federal deficits mounting and no foreseeable end to budget shortfalls, many have rallied to end funding to these programs (Mantel, 829). In response, many states have developed websites with interactive utilities allow...
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... regarding the state of access to legal services among the nation’s poor. Those living below the poverty line are among the nation’s most vulnerable members, and we are often judged on how well we as a nation are able to defend and protect these citizens. Something must be done to reverse this detrimental issue.
Works Cited
American Bar Association Standing Committee on Pro Bono and Public Service. Supporting Justice: A Report on the Pro Bono Work of America’s Lawyers. Chicago, IL. (2005) Print.
Currie, Ab. “Down the wrong road—federal funding for civil legal aid in Canada.” International Journal of the Legal Profession 13.1 (2006) 99-116. Print.
Mantel, Barbara. “Legal-Aid Crisis.” CQ Researcher 21.35 (2011): 829-852. Print.
Villarreal, Nancy. “Improving Legal Aid to Rural Communities in California.” Berkeley La Raza Journal. 20. (2010) 191-204. Print
Appelbaum’s article primarily focuses on the case of Michael Hugh Mirsky, who tells his personal story which highlights the struggle many men in America face. In 2012, Mr. Mirsky initially had lost his job working at Verizon which snowballed two years later into a conviction for resisting arrest. Due to the conviction, work is hard to find and this led to the threat of foreclosure of his home. Mr. Mirsky is unable to afford child support payments for his 8-year-old daughter.
I was told that my desire to enter the field of public interest would wane after my first year of community service. On the contrary, the realization of the power which a lawyer possesses has reinforced my desire to enter this arena. An advocate's work can have far reaching consequences. This is clearly true in public interest law, where the purpose is not simply to correct a wrong done in the past between two parties, but to alter the disparate treatment of an often under-represented class.
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
A plea bargain is compliance between a prosecutor and defendant in which the accused offender agrees to plead guilty in return for some compromise from the prosecutor. The New Jim Crow, explains how most Americans have no clue on how common it is for people to be prosecuted without proper legal representation and are sentenced to jail when innocent out of fear. Tens of thousands of poor people go to jail every year without ever talking to a lawyer that could possibly help them. Over four decades ago, the American Supreme Court ruled that low-income people who are accused of serious crimes are entitled to council, but thousands of people are processed through America’s courts annually with a low resource lawyer, or no lawyer at all. Sometimes
Martin, Sheilah L. "R. V. Morgentaler Et Al." Canadian Journal Of Women & The Law 1.1 (1985): 194-205. Academic Search Complete. Web. 16 Nov. 2013.
People are represented in court by two kinds of lawyers, court-appointed lawyers and public defenders, which mean "hired lawyers" (Green, 2001). People that have higher income can hire their own lawyers. The lower and middle-income people are mainly the ones who rely on court appointed lawyers. These people don't have the money to hire a lawyer. Court appointed lawyers are not working in your best interest for many reasons.
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
Just Mercy documents the incredible and heart wrenching experiences of Equal Justice Initiative founder and attorney extraordinaire, Bryan Stevenson. Stevenson’s niche is a unique and unexpected focus for a lawyer. He works with people that society often wrongfully characterizes as “criminals” that are usually either on death row or condemned to life in prison. Before seeing a segment of Opera’s interview with Stevenson, and reading this book, I couldn’t understand what typically motivates a lawyer to want to protect the rights of criminals and the un-just. In fact, one of Stevenson’s early mentors, Steve Bright, explained the, “‘opportunity’ isn’t necessarily the first word people think of when they think about doing work with us [Southern Prisoners Defense Committee],” because, “they live[ed] kind of simply, and the hours are pretty insane,” (Stevenson 2014, 6). However, a young Stevenson was undeterred by this claim, and went on to work some incredible cases, and exonerate many innocent and suffering individuals.
For many people, Legal Aid is the only option to defend their cases. In an Australia Institute report, ‘Justice for All,’ it is estimated that, out of 1.7 million Australians encountering legal problems each year, nearly a third will not receive legal advice due to financial reasons and lack of knowledge. Although Legal Aid is a valuable and useful resource, it is only available to the those on the lowest income, due to the lack of funding from the government. Also, Legal Aid lawyers often don’t have enough time to adequately talk to their clients about cases, making it difficult to present an in-depth case. This lack of funding forces people to take the case into their own hands, which is mostly unsuccessful due to the complicated mechanisms of the legal system. These faults in the system make the courts less effective in achieving
Lawyers and Judges?” FAQ on US Judicial and Legal Corruption. Blogspot. Web. 31 Oct. 2011.
Uggen, Christopher, Angela Behrens, and Jeff Manza. "Criminal Disenfranchisement." Annual Review of Law and Social Science 1 (2005): 307-322. University of Minnesota-Magrath Library (Twin Cities). Web. 16 Apr. 2014.
Snukals, Beverly W. and Glen H. Sturtevant Jr. "Pro Se Litigation: Best Practices from a Judges Perspective ." November 2007. University of Richmond Law Review. Web. 18 September 2013.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
It has been 50 years since the Gideon v. Wainwright case. From a drifter, to a petty criminal, to the Supreme Court, Gideon opened doors for the poor man in the system. Because of this case, indigent defendants have access to legal counsel (public defenders), if they prove they cannot afford an attorney on their own.
Paralegals are a crucial part of the criminal justice system. They are some of the hardest workers in the legal system, yet are sometimes underappreciated. It seems as though being a paralegal can stressful, exhausting, and overwhelming, but many find this worth the stress because they are challenged to solve problems, think creatively, and are making a difference and improving the lives of others. Overall, paralegals perform a range of duties that make them a vital part of the justice system, and though this job is stressful, it has benefits as well.