Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the

court system A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance w ...

. Legal aid is regarded as central in providing access to justice by ensuring

equality before the law Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic ru ...

, the

right to counsel In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal exp ...

and the

right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...

. This article describes the development of legal aid and its principles, primarily as known in

Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...

, the

Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...

and in the United States. Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3 of the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...

regarding

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

cases. Especially for citizens who do not have sufficient financial means, the provision of legal aid to clients by governments increases the likelihood, within court proceedings, of being assisted by legal professionals for free or at a lower cost, or of receiving financial aid. A number of delivery models for legal aid have emerged, including

duty lawyer A duty solicitor, duty counsel, or duty lawyer, is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge, if that person does not have access to a solicitor of their own and us ...

s, community

legal clinic A legal clinic (also law clinic or law school clinic) is a legal aid or law school program providing services to various clients and often hands-on-legal experience to law school students. Clinics are usually directed by clinical professors. Le ...

s, and the payment of lawyers to deal with cases for individuals who are entitled to legal aid. More informal or general legal advice and assistance may also be provided for free or at low cost through such means as law centres (UK),

community legal centre A community legal centre (CLC) is the Australian term for an independent not-for-profit organisation providing legal aid services, that is, provision of assistance to people who are unable to afford legal representation and access to the court ...

s (Australia) or a variety of other organisations which provide various forms of legal aid in and outside of court.

History

Legal aid has a close relationship with the

welfare state A welfare state is a form of government in which the state (or a well-established network of social institutions) protects and promotes the economic and social well-being of its citizens, based upon the principles of equal opportunity, equitabl ...

, and the provision of legal aid by a state is influenced by attitudes towards welfare. Legal aid is a welfare provision by the state to people who could otherwise not afford counsel from the legal system. Legal aid also helps to ensure that welfare provisions are enforced by providing people entitled to welfare provisions, such as social housing, with access to

legal advice Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a p ...

and the courts. Historically, legal aid has played a strong role in ensuring respect for

economic, social and cultural rights Economic, social and cultural rights, (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econ ...

which are engaged in relation to social security, housing, social care, health and education service provision, which may be provided publicly or privately, as well as employment law and anti-discrimination legislation. Jurists such as Mauro Cappelletti argue that legal aid is essential in providing individuals with access to justice, by allowing the individual legal enforcement of

. His views developed in the second half of the 20th century, when democracies with capitalist economies established

liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...

welfare states that focused on the individual. States acted as contractors and service providers within a market-based philosophy that emphasised the

citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...

consumer A consumer is a person or a group who intends to order, or uses purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. T ...

. This led to an emphasis on individual enforcement to achieve the realisation of rights for all. Prior to the mid-20th century, literature on legal aid emphasised collective enforcement of

. As classic welfare states were built in the 1940s and following World War II, an underlying principle was that citizens had collective responsibility for economic, social and cultural rights; and the state assumed responsibility for those unable to provide for themselves through illness and unemployment. The enforcement of economic, social and cultural rights was to be collective, through policies rather than individual legal action. Laws were enacted to support welfare provisions, though these were regarded as laws for planners, not lawyers. Legal aid schemes were established, as it was assumed that the state had a responsibility to assist those engaged in legal disputes, but they initially focused primarily on family law and divorce. In the 1950s and 1960s, the role of the welfare state changed, and social goals were no longer assumed to be common goals. Individuals were free to pursue their own goals. The welfare state in this time expanded, along with legal aid provisions, as concerns emerged over the power of welfare providers and professionals. In the 1960s and 1970s, demand rose for the right of individuals to legally enforce

and the welfare provisions they as individuals were entitled to. Mechanisms emerged through which citizens could legally enforce their economic, social and cultural rights, and welfare lawyers used legal aid to advise those on low income when dealing with state officials. Legal aid was extended from family law to a wide range of economic, social and cultural rights. In the 1980s, the role of the classic welfare state was no longer regarded as necessarily positive, and welfare was increasingly provided by private entities. Legal aid was increasingly provided through private providers, but they remained focused on providing assistance in court cases. Citizens were increasingly regarded as consumers, who should be able to choose among services. Where it was not possible to provide such a choice, citizens were given the right to voice their dissatisfaction through administrative complaints processes. This resulted in tension, as legal aid was not designed to offer advice to those seeking redress through administrative complaints processes. Tensions also began to emerge as states which emphasised individual enforcement of economic, social and cultural rights, rather than collective enforcement through policies, reduced funding for legal aid as a welfare state provision. Individual enforcement of welfare entitlement requires the kind of legal aid funding states emphasising collective enforcement were more likely to provide.

Legal aid movements

Historically legal aid has its roots in the

and

movement of the 19th-century continental European countries. "

Poor man's laws Poverty is the state of having few material possessions or little

income

" waived court fees for the poor and provided for the appointment of duty solicitors for those who could not afford to pay for a

solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

. Initially the expectation was that duty solicitors would act on a ''

pro bono ( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...

'' basis. In the early 20th century, many European countries had no formal approach to legal aid, and the poor relied on the charity of lawyers. Most countries went on to establish laws that provided for the payment of a moderate fee to duty solicitors. To curb demand, legal aid was restricted to lawyer costs in judicial proceedings requiring a lawyer. Countries with a civil law legal system and common law legal systems take different approaches to the

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

and

criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...

proceedings. Civil law countries are more likely to emphasise the right to counsel in civil proceedings, and therefore provide legal aid where a lawyer is required. Common law countries emphasise the right to counsel and provide legal aid primarily in relation to criminal proceedings.Regan (1999), ''The Transformation of Legal Aid'', p. 114 In response to rapid

industrialisation Industrialisation ( alternatively spelled industrialization) is the period of social and economic change that transforms a human group from an agrarian society into an industrial society. This involves an extensive re-organisation of an econo ...

in the late 19th-century Europe,

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...

and workers' parties emerged that challenged the social policies of governments. They gained passage of laws to provide workers with legal rights in the event of illness or accidents, in an attempt to prevent industrial action by industrial workers. Workers unions in turn started to provide workers with legal advice on their new

. Demand for these services was high and in an attempt to provide workers with non-partisan advice, many governments started to provide legal aid by the early 20th century.

Recent times

In the 20th century, legal aid developed together with progressive principles; it has often been supported by those members of the legal profession who felt that it was their responsibility to care for those on low income. Legal aid became driven by what

lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...

could offer to meet the "legal needs" of those they have identified as poor, marginalised or discriminated against. According to

Francis Regan Francis may refer to: People *Pope Francis, the head of the Catholic Church and sovereign of the Vatican City State and Bishop of Rome *Francis (given name), including a list of people and fictional characters *Francis (surname) Places * Rural M ...

in 1999, legal aid provision is supply driven, not demand driven, leading to wide gaps between provisions that meet perceived needs and actual demand. Legal service initiatives, such as neighbourhood mediation and legal services, frequently have to close due to lack of demand, while others are overwhelmed with clients. Though legal aid aims to create more equity in the sphere of legal practices, according to an 1985 article, aid offered is often limited in its quality or its social impact by economic constraints that dictate who can access these services and where the aforementioned services are geographically located.

By country

Asia

Most developmental legal aid services are provided by grassroots organizations, human rights-based non-governmental organizations (NGOs), or are stipulated by constitutional laws by some Asian governments.

Hong Kong

A unitary jurisdiction, Hong Kong provides legal aid solely provided through the

Legal Aid Department The Legal Aid Department often abbreviated as LAD, is a department in the Government of Hong Kong. It provides legal aid in legal representation In a civil proceeding or criminal prosecution under the common law or under statute, a defendan ...

, which is in turn overseen by the

Legal Aid Services Council Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

. Administratively the

was under the

Administration Wing Administration Wing () of the Office of the Chief Secretary for Administration is an executive agency in the Government of Hong Kong, reporting directly to the Chief Secretary and Financial Secretary. It is mainly responsible to oversee the eff ...

of the Chief Secretary's Office. In 2007 it was moved to the

Home Affairs Bureau The Home and Youth Affairs Bureau () is one of the policy bureaux of the Hong Kong Government. One of the important roles of the Home and Youth Affairs Bureau is to enhance liaison and communication with all sectors of the community inclu ...

, which chiefly oversees cultural matters and local administration. This was heavily criticized by the opposition

pro-democracy camp The pro-democracy camp, also known as the pan-democracy camp, is a political alignment in Hong Kong that supports increased democracy, namely the universal suffrage of the Chief Executive and the Legislative Council as given by the Basic L ...

for jeopardising neutrality of the provision of legal aid. They voted en bloc against the whole package of reorganisation of policy bureaus, of which the transfer of the Legal Aid Department was part.

India

Article 39A of the

Constitution of India The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...

, provides for equal justice and free legal aid:

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

This Article emphasises that free legal service is an inalienable element of 'reasonable, fair and just' procedure, for without it a person suffering from economic or other disabilities would be deprived of the opportunity for securing justice. In the civil side, Order XXXIII. R.18 of the Code of Civil Procedure 1908 provided that the state and central governments may make supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as an indigent person. The Legal Services Authorities Act, 1987 made drastic changes in the field of legal services. It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

Philippines

Developmental legal assistance or developmental legal aid, as it is often called in the Philippines, has come a long way since the

Marcos dictatorship At 7:17 pm on September 23, 1972, President Ferdinand Marcos announced on television that he had placed the entirety of the Philippines under martial law. This marked the beginning of a 14-year period of one-man rule that would effectively last ...

. During martial law, the father of human rights Sen. Jose W. Diokno was sent to prison when

Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...

arrested all political dissidents. Once Diokno was released 718 days later, the attorney and former senator founded the

Free Legal Assistance Group The Free Legal Assistance Group (FLAG) is a nationwide organization of human rights lawyers in the Philippines. It was founded in 1974 by Sen. Jose W. Diokno, Lorenzo Tañada and Joker Arroyo during the martial law era under former Presiden ...

, the oldest and largest human rights firm since 1974. It was through FLAG's innovative use of developmental legal aid, which included pro-bono legal service as well as free allowances to clients who were financially incapacitated, that free legal service became standard practice in the country. Later on, laws were introduced that would require newly licensed barristers to give free legal service to the poor for a stipulated and fixed duration of time. The most famous law on developmental legal aid is called the Community Legal Aid Service (CLAS) Rule. The CLAS Rule applies to lawyers who are in their first year of practice. Many developmental legal services are provided by most law firms and NGOs in the Philippines. In 2019 FLAG freely represented

Time Person of the Year Person of the Year (called Man of the Year or Woman of the Year until 1999) is an annual issue of the United States news magazine and website ''Time'' featuring a person, a group, an idea, or an object that "for better or for worse ... has ...

Maria Ressa Maria Angelita Ressa (, born Maria Angelita Delfin Aycardo on October 2, 1963) is a Filipino and American journalist. She is the co-founder and CEO of Rappler. She previously spent nearly two decades working as a lead investigative reporter in S ...

during her libel case against the 16th president,

Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...

, as it was her exposés on Duterte's ''

War on Drugs The war on drugs is a Globalization, global campaign, led by the United States federal government, of prohibition of drugs, drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the Unite ...

'' that have sparked worldwide debates on the potential legal repercussions of Duterte's actions. In 2020, Duterte created a new law called the

Anti-Terror Law Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its ...

, which would arrest any dissident due to loose definitions in the law on who might be marked as "terrorists". This has incited protests from the masses as well as from FLAG chairman Atty. Jose Manuel "Chel" Diokno. FLAG, alongside fellow columnists, statesmen, and political detainees responded with issuing the legal challenge G.R. No. 252741 against Duterte's Executive Secretary

Salvador Medialdea Salvador "Bingbong" Campo Medialdea (born October 14, 1951) is a Filipino lawyer, business executive and government administrator who served as the Executive Secretary of the Philippines, succeeding Paquito Ochoa Jr. at the start of President Ro ...

on the grounds and rationality of the law. Among the provisions that is being questioned is Section 29 on detention without judicial warrant of arrest in which a suspect can be arrested even without a warrant of arrest and detained for up to 24 days, which echoed back to the days of martial law under Marcos that allowed the proliferation of developmental legal aid in the first place.

Europe

Article 47 of the

Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaim ...

provides that legal aid will be made available to those who lack sufficient resources, in so far as such aid is necessary to ensure effective access to justice.

Central and Eastern Europe, and Russia

According to PILnet: the Global Network for Public Interest Law,

for over a decade, the countries of
Central and Eastern Europe Central and Eastern Europe is a term encompassing the countries in the Baltics, Central Europe, Eastern Europe and Southeast Europe (mostly the Balkans), usually meaning former communist states from the Eastern Bloc and Warsaw Pact in Europe. ...
and
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
have been in the process of reforming and restructuring their
legal systems The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and ...
. While many critical justice sector reforms have been undertaken throughout the region, the mechanisms to ensure individuals' access to legal information and assistance often remain inadequate and ineffective. Consequently, many people—especially those who are poor or otherwise disadvantaged—are left without any real access to legal counsel in both criminal and non-criminal matters.

In the

Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...

, qualifying persons (usually those who evidence inadequacy of funds) can apply to the courts or the Czech Bar Association to have an attorney appointed to them.

Denmark

In Denmark, applicants must satisfy the following criteria to receive legal aid for civil cases: The applicant must not earn more than kr. 289,000 ($50,000) a year and the claims of the party must seem reasonable. In respect to criminal cases, the convicted will only have to cover the costs if he or she has a considerable fixed income – this is to prevent

recidivism Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...

Germany

In civil cases including employment, administrative, constitutional and social cases, assistance under the Legal Advice Scheme Act (in the form of advice and, where necessary, representation) is given. In criminal cases, the defendant has a right to counsel, and in certain cases when the penalty is at least one year of confinement, the defendant can be given counsel even against his or her wishes.

Italy

Known as ''Patrocinio a spese dello Stato,'' legal aid is provided by the Italian Law DPR n. 115/2002 – Articles. 74–141. It is intended to implement Article 24 of the

Italian Constitution The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, ...

and ensure access to the right of defense (in civil, administrative and criminal cases) to persons not able to independently obtain the services of a lawyer due to the inability to pay for them from their income (less than €10,776.33 per capita). The Constitution of the Italian Republic, Clause 24 states:

Everyone is allowed to take legal action for the protection of her/his rights and legitimate interests. Defence is an inviolable right at any grade of the proceedings. The means of action and defence before all Courts are guaranteed to the indigent by public institutions. The law determines the conditions and legal means to remedy miscarriages of justice.

Legal aid in Italy is a service to allow everyone to be assisted by a lawyer or by an expert witness free of any legal fees or costs in all criminal, civil, administrative, accounting or fiscal proceeding and "voluntary jurisdiction" and whenever the presence of a lawyer or expert witness is required by law. Legal aid is granted for all grades or stages of the trial, including all further connected incidental and contingent proceedings. It is granted before Tribunals, Courts of Appeal, the Supreme Court, surveillance courts and judges, Regional Administrative Tribunals, Judicial Review Committees, Provincial and Regional Fiscal Commissions and the State Auditors' Court.

United Kingdom

=England and Wales

Introduction

Legal aid was originally established by the

Legal Aid and Advice Act 1949 The Legal Aid and Advice Act 1949 was a British Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countri ...

. In 2009, legal aid in England and Wales cost the taxpayer £2bn a year – a higher per capita spend than anywhere else in the world – and was available to around 29% of adults. However, availability and level of provision of legal aid have greatly decreased since 2012 as a result of

austerity Austerity is a set of political-economic policies that aim to reduce government budget deficits through spending cuts, tax increases, or a combination of both. There are three primary types of austerity measures: higher taxes to fund spend ...

measures in the

Legal Aid, Sentencing and Punishment of Offenders Act 2012 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom enacted by the coalition government of 2010-2015, creating reforms to the justice system. The bill for the act was intro ...

. Legal aid in England and Wales is administered by the

Legal Aid Agency The Legal Aid Agency is an executive agency of the Ministry of Justice (MoJ) in the United Kingdom. It provides both civil and criminal legal aid and advice in England and Wales. The agency was formed on 1 April 2013 as a replacement for the Le ...

(until 31 March 2013 by the

Legal Services Commission The Legal Services Commission (LSC) was an executive non-departmental public body of the Ministry of Justice which was responsible for the operational administration of legal aid in England and Wales between 2000 and 2013. Overview The LSC was re ...

), and is available for most criminal cases, and many types of civil cases. Exceptions include

libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

, most personal injury cases (which are now dealt with under Conditional Fee Agreements, a species of

contingent fee A contingent fee (also known as a contingency fee in the United States or a conditional fee in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result. Although such a fee may be used in many ...

), and corporate cases. Family cases are also sometimes covered. Depending on the type of case, legal aid may or may not be means tested and in some cases legal aid can be free to those on benefits, out of work and have no savings or assets. Criminal legal aid is generally provided through private firms of solicitors and barristers in private practice. A limited number of public defenders are directly employed by the Legal Aid Agency in ''Public Defender Service'' offices; they provide advice in police stations and advocacy in magistrates and crown courts. Civil legal aid is provided through solicitors and barristers in private practice but also by lawyers working in Law Centres and not-for-profit advice agencies.

LASPO

The provision of legal aid is governed by the

Access to Justice Act 1999 The Access to Justice Act 1999 is an Act of the Parliament of the United Kingdom. It replaced the legal aid system in England and Wales. It created the Legal Services Commission, replacing the Legal Aid Board, and two new schemes: Community Legal ...

and supplementary legislation, most recently the

(LASPO), which came into force in 2013. LASPO triggered an immediate 46% plunge in the number of cases in which legal aid was granted, from 925,000 in 2012 to just 497,000 cases in the following year. The

(LASPO) stopped aid for areas of law that include family, welfare, housing and debt. There are complaints that cuts to legal aid from LASPO have prevented the poorest people getting justice. Disabled people disputing benefit claims are usually denied legal aid forcing them to deal with complex and distressing cases without help. The numbers disputing when benefits are denied have fallen drastically and it is feared the most vulnerable are losing out. The government's rationale for introducing LASPO was because people who could clearly afford their own legal fees were abusing the system, and cases which could clearly be settled with

alternative dispute resolution Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...

were unnecessarily being taken to court. This can be seen in the government's response to legal aid reforms in 2011, where

Kenneth Clarke Kenneth Harry Clarke, Baron Clarke of Nottingham, (born 2 July 1940), often known as Ken Clarke, is a British politician who served as Home Secretary from 1992 to 1993 and Chancellor of the Exchequer from 1993 to 1997 as well as serving as de ...

Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...

and

Secretary of State for Justice The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...

, said funding was being provided for "unnecessary litigation", something which he viewed as "unaffordable" and "spiralling legal costs". He also noted that before the introduction of LASPO, England and Wales were spending £39 per head of the population on legal aid compared with only £8 per head in

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

. Experts maintain the burden of cost has just been transferred to the courts, NHS and social care, which in the end costs the state more.

The effects of LASPO on legal aid in England and Wales

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

justice Lord Wilson of Culworth fears the effectiveness of legal aid is being reduced. Wilson said cuts to legal aid prevent the disadvantaged from exercising their human rights. He also says that even in areas were legal aid is allowed, the payment to lawyers is so low that many of them stop providing legal aid. The

Law Society A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated ...

maintains restrictions to legal aid are preventing defendants getting a fair trial.

BBC #REDIRECT BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board ex ...

analysis found up to a million people are in areas without legal aid for housing, and 15 million are in areas with one provider.

Liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...

maintained ability to get justice had been "significantly undermined". There were roughly 1,000 fewer civil legal aid providers in 2018 since 2011-12, with most of the providers being based in London. Richard Miller of the

Law society A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated ...

said it can be very difficult to find legal aid providers willing to take on a case.

Lord Dyson John Anthony Dyson, Lord Dyson, (born 31 July 1943) is a former British judge and barrister. He was Master of the Rolls and Head of Civil Justice, the second most senior judge in England and Wales, from 2012 to 2016, and a Justice of the Supr ...

said this has led to vulnerable people representing themselves in court, with many defendants paying towards their defence (sometimes nearly as expensive as paying for a private lawyer). Furthermore,

Ben Tovey Ben is frequently used as a shortened version of the given names Benjamin, Benedict, Bennett or Benson, and is also a given name in its own right. Ben (in he, בֶּן, ''son of'') forms part of Hebrew surnames, e.g. Abraham ben Abraham ( he, ...

says he has to turn away people from legal aid every day. Law centres have also closed due to funding cuts adding to the problems of people needing legal aid.

Nimrod Ben-Cnaan Nimrod (; ; arc, ܢܡܪܘܕ; ar, نُمْرُود, Numrūd) is a biblical figure mentioned in the Book of Genesis and Books of Chronicles. The son of Cush and therefore a great-grandson of Noah, Nimrod was described as a king in the land o ...

of the Law Centres Network, maintained the legal aid market was, "failing" since cuts, "shattered local ecologies of advice," and that it is vital law centres are rebuilt. Malcolm Richardson, retired magistrate said legal advisers must increasingly guide litigant in person through court proceedings. He said, "It puts all the judiciary in a difficult position but also burdens the whole court system."

Tom McNally Thomas McNally, Baron McNally, PC (born 20 February 1943) is a British politician and a former Leader of the Liberal Democrats in the House of Lords. Early life McNally was born in Blackpool. A Catholic of Irish descent, he attended St Jos ...

said, "If we really wanted to make substantial reforms to the criminal justice system, it was almost impossible with the continuation of austerity." Litigants in person do not know what evidence to bring or what questions to ask. During divorce and separation cases far fewer couples take up mediation. Without lawyers no one is around to point out less confrontational ways of settling matters.

Philip Alston Philip Geoffrey Alston is an Australian international law scholar and human rights practitioner. He is John Norton Pomeroy Professor of Law at New York University School of Law, and co-chair of the law school's Center for Human Rights and Globa ...

said that legal aid had become considerably less available in England and Wales from 2012, which had, "overwhelmingly affected the poor and people with disabilities, many of whom cannot otherwise afford to challenge benefit denials or reductions and are thus effectively deprived of their human rights to a remedy".

LASPO The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom enacted by the Cameron–Clegg coalition, coalition government of 2010-2015, creating reforms to the justice system. The ...

has also had an impact on legal aid providers, who say they are "dismay dat...such deep and arbitrary cuts" to legal aid. There have been 37 legal aid providers which have collapsed since April 2020, which is more than 70 offices. This has caused barristers who offer legal aid to feel their role has been "driven to extinction" due to job losses. For example, in

Exeter Exeter () is a city in Devon, South West England. It is situated on the River Exe, approximately northeast of Plymouth and southwest of Bristol. In Roman Britain, Exeter was established as the base of Legio II Augusta under the personal comm ...

there are now no legal aid providers for immigration or asylum, with the closest provider being away (

Plymouth Plymouth () is a port city and unitary authority in South West England. It is located on the south coast of Devon, approximately south-west of Exeter and south-west of London. It is bordered by Cornwall to the west and south-west. Plymouth ...

) from the city centre. It has been revealed that these providers receive a median net annual income of £27,000, which is less than the starting salary for a graduate manager at Aldi. The

believe that this level of pay should be made fairer. Whilst legal aid lawyers are funded by the

legal aid agency The Legal Aid Agency is an executive agency of the Ministry of Justice (MoJ) in the United Kingdom. It provides both civil and criminal legal aid and advice in England and Wales. The agency was formed on 1 April 2013 as a replacement for the Le ...

, it can sometimes take years for payments to come through to them. This is due to cashflow problems with the

, something the

is pushing for guidance and clarification from.

=Scotland

= Legal aid is in principle available for all civil actions in the

Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...

and Sheriff Court in Scotland, with the significant exception of actions of

defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

. It is also available for some statutory tribunals, such as the Immigration Appeal Adjudicator and the Social Security Commissioners. There is a separate system of criminal legal aid, and legal aid is also available for legal advice. Legal aid is means-tested. In practice it is available only to less than one-quarter of the population. It is administered by the

Scottish Legal Aid Board The Scottish Legal Aid Board (SLAB) is an executive non-departmental public body of the Scottish Government, responsible for managing legal aid. It was established in April 1987, under the Legal Aid (Scotland) Act 1986, taking over functions ...

. Legal Aid in Scotland is also available in Criminal Cases, where more than 90% of Summary applications are granted. An Interests of Justice test is applied, as well as a means test. In Solemn case (Jury Trials) the Court assesses Legal Aid.

Africa

South Africa

South Africa is a country that has reconstructed its legal systems in an attempt to mimic Western democratic countries, creating an arguably more just and fair justice system. South Africa has a national judiciary as well as, in some areas, a tribal form of administration of justice. This is described as "

legal pluralism Legal pluralism is the existence of multiple legal systems within one society and/or geographical area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more tradi ...

". The informal "indigenous laws" are substantially different from the rest of the nation's laws and customs, hindering the provision of legal advice. However, the indigenous justice system in South Africa does not require representation, thus essentially eliminating the need for accessible legal aid. Mimicking the British legal system, South Africa has barristers, which work in the senior courts, and solicitors, which provide out-of-court advice and work in the lower courts. In 1969 the

government of South Africa The Republic of South Africa is a parliamentary republic with three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa. Executive authority ...

recognized a need for legal aid, and responded by creating the South African Legal Aid Board which began its work in 1971 and now provides the majority of legal aid throughout the country. The Board has autonomy and is independent from government in its decision-making, and has sole jurisdiction over determining the provision of legal aid. The Board provides legal aid to all "qualifying indigent individuals" with an income of R600.00 or less. If individuals do not meet this qualification they are provided other methods of obtaining a lawyer, such as hiring one or, if this is not within their means, finding one who will work ''pro bono''. In a reflection of the history of

apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...

in South Africa, nearly 85% of all lawyers in South Africa are white. The government has determined greater racial diversity in the field of law is a priority and there are travelling "clinics" to help provide education on South African law throughout the country, with the aim of spreading knowledge as wide as possible, though especially in poorer areas. More than 80% of the Legal Aid Board's funding is directed towards provision of defence advocates in criminal cases. This is generally explained in South Africa as being the result of two causes: the majority of crimes being committed by those who are poor, and the provision of defence in criminal cases being a priority compared to civil suits. Prior to the enactment of the 1994 Constitution, 80% of all people tried as criminals went unrepresented, as there was no right to a defence and no obligation on the government to provide that defence. Upon adoption of the 1994

Constitution the South African A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

government was obliged to create organizations such as the Legal Aid Board to help facilitate access to legal aid. For those who seek assistance and are aware of their own role in the justice system, legal aid in South Africa is available through: *Uncompensated private counsel (

work) *Candidate attorneys in rural law firms funded by the state *Private counsel funded by the state (judiciary) *Independent university law clinics *State funded law clinics *State funded justice centers (one stop legal aid centers) *Private specialist law firms *Paralegal advice offices *Legal insurance schemes All of these services exist and are protected by subsidies and incentives. However, these services have been open to criticism, with some saying that these extensive services that are unique to South Africa do not matter if there is no adequate education that these options are available to people. In response, the

South African government The Republic of South Africa is a parliamentary republic with three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa. Executive authority ...

has encouraged South African law schools to expand their reach and establish travelling "legal clinics" and encouraging schools to add a "legal literacy curriculum" to spread knowledge of this area.

North America

Canada

In Canada, the modern system of legal aid developed after the federal government instituted a system of cost-sharing between the federal and provincial governments in the early 1970s. The federal financial contribution was originally set at 50% of the cost of the legal aid system, but that level of funding has fluctuated over the years. The actual delivery of legal aid is by the provincial level of government, as part of provincial jurisdiction over the administration of justice. For example,

Legal Aid Ontario Legal Aid Ontario (LAO) is a publicly funded and publicly accountable non-profit corporation, responsible for administering the legal aid program in the province of Ontario, Canada. Through a toll-free number and multiple in-person locations such ...

provides legal services for residents of Ontario, the

Legal Services Society Legal Aid BC (formerly the Legal Services Society) is the legal aid provider in British Columbia, Canada. Services are available for family, immigration, and criminal law matters and include legal information, advice, or representation, depending ...

provides it to residents of

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

, and Commission des Services Juridiques does the same in the province of Quebec.

United States

Legal aid in criminal cases is a universal right guaranteed by the

Sixth Amendment to the United States Constitution The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this ...

. A number of delivery models for legal aid have emerged in the United States. The Legal Services Corporation was authorized at the federal level to oversee these programs. In a "staff attorney" model,

lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...

s are employed by levels of government on salary solely to provide legal assistance to qualifying low-income clients, similar to staff doctors in a public hospital. In a "judicare" model, private lawyers and

law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...

s are paid to handle cases from eligible clients alongside cases from fee-paying clients, much like doctors are paid to handle Medicare patients in the U.S. The "community

" model comprises non-profit clinics serving a particular community through a broad range of legal services (e.g. representation, education, law reform) and provided by both lawyers and non-lawyers, similar to community health clinics. Defendants under

prosecution who cannot afford to hire an attorney are not only guaranteed legal aid related to the charges, but they are guaranteed legal representation, either in the form of

public defender A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Hungary and Singapore, ...

s, or in absence of provisions for such or due to case overloads, a court-appointed attorney. The discussion surrounding legal aid and who is privileged to such a service has been criticized by law academics who assert that those who dominate and write the narratives of people who seek legal aid are individuals who benefit from the client narrative being one of inescapable poverty and desperation of an individual. Critiques assert that these asymmetrical, schematically constructed client profiles are required of civic legal aid programs in the capitalist framework of the United States as a tool to appeal to donors and other sources of funding. These representations and assessments of who seeks and deserves legal aid are argued to contribute to a culture of blaming the victims of poverty, as the narratives exclude the role the state and other civic stakeholders play in the creation of these client circumstances. However, legal aid is not provided in civil suits, nor deportation procedures, as these are not criminal proceedings.

Oceania

Australia

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

has a federal system of government comprising federal, state and territory jurisdictions. The Australian (Commonwealth) and state and territory governments are each responsible for the provision of legal aid for matters arising under their laws. In addition there is a network of approximately 200 independent, not for profit,

s. Legal aid for both Commonwealth and state matters is primarily delivered through state and territory legal aid commissions (LACs), which are independent statutory agencies established under state and territory legislation. The

Australian Government The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government i ...

funds the provision of legal aid for Commonwealth family, civil and criminal law matters under agreements with state and territory governments and LACs. The majority of Commonwealth matters fall within the family law jurisdiction. Legal aid commissions use a mixed model to deliver legal representation services. A grant of assistance legal representation may be assigned to either a salaried in-house lawyer or referred to a private legal practitioner. The mixed model is particularly advantageous for providing services to clients in regional areas and in cases where a

conflict of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...

means the same lawyer cannot represent both parties. The Australian Government and most state and territory governments also fund community legal centres, which are independent, non-profit organisations which provide referral, advice and assistance to people with legal problems. Additionally, the Australian Government funds financial assistance for legal services under certain statutory schemes and legal services for Indigenous Australians. By way of history, the Australian Government established the Legal Services Bureaux in 1942 to develop a national system. In 1973 the Attorney-General in the Whitlam Labor government,

Lionel Murphy Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He was a Senator for New South Wales from 1962 to 1975, serving as Attorney-General in the Whitlam Government, and then sat on the ...

, established the Australian Legal Aid Office. Murphy recognised the urgent need for legal aid in order for justice to be equally available for all. Murphy recognised that: "one of the basic causes of the inequality of citizens before the laws is the absence of adequate and comprehensive legal aid arrangements throughout Australia ... The ultimate object of the Government is that legal aid be readily and equally available to citizens everywhere in Australia and that aid be extended for advice and assistance of litigation as well as for litigation in all legal categories and in all courts." (Senator the Hon

AO QC, Attorney General) The establishment of the Australian Legal Aid Office in 1973 was followed by the establishment of state-based Legal Aid Commissions. These offices now provide the majority of free or lowcost legal assistance to those in need. In 1977, the Australian Government enacted the '' Commonwealth Legal Aid Commission Act 1977'' (LAC Act), which established cooperative arrangements between the Australian Government and state and territory governments, under which legal aid would be provided by independent legal aid commissions to be established under state and territory legislation. The process of establishing the LACs took more than a decade. It commenced in 1976 with the establishment of the Legal Aid Commission of

Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...

, followed in 1978 the

Legal Aid Commission of Victoria Victoria Legal Aid (VLA), formerly the Legal Aid Commission of Victoria, is an organisation that provides information, legal advice and education with a focus on the prevention and early resolution of legal problems. They prioritise intensive l ...

(LACV), and ended in 1990 with the establishment of the Legal Aid Commission of

Tasmania ) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdi ...

. The cooperative arrangements that were established by the LAC Act provided for Commonwealth and state and territory legal aid funding agreements, which began in 1987. In July 1997, the Australian Government changed its arrangements to directly fund legal aid services for Commonwealth law matters. Under this arrangement, the states and territories fund assistance in respect of their own laws. In 2013, a murder trial in the

Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises ...

was delayed because legal aid was unavailable. This has been cited as the effect of a reduction in government-funding for legal aid agencies in Australia and led to an increase in popularity for online legal aid resources such as the Law Handbook and LawAnswers. Legal aid in Australia was discussed in the case of ''Dietrich v The Queen'' (1992). It was found that although there is no absolute right to have publicly funded counsel, in most circumstances a judge should grant any request for an adjournment or stay when an accused is unrepresented.

New Zealand

The legal aid system in New Zealand provides Government-funded legal assistance to those who are unable to afford a lawyer. Legal aid is available for almost all court actions across all levels of the court system. This includes criminal charges, civil issues, family disputes, appeals and

Waitangi Tribunal The Waitangi Tribunal (Māori: ''Te Rōpū Whakamana i te Tiriti o Waitangi'') is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on cla ...

claims.

References

External links

*
Legal aid in Scotland
(www.mygov.scot)
Legal Aid Program Ontario
{{DEFAULTSORT:Legal Aid Human rights by issue Standard of living