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Robert Egerton - Legal Aid

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Legal Aid - image 1
The International Library of Sociology
LEGAL AID
Legal Aid - image 2
Founded by KARL MANNHEIM
The International Library of Sociology
THE SOCIOLOGY OF LAW AND CRIMINOLOGY
In 15 Volumes
Legal Aid by Robert Egerton With a Preface by A L GOODHART First - photo 3
Legal Aid
by
Robert Egerton
With a Preface by
A. L. GOODHART
First published in 1945 by Routledge Reprinted in 1998 2000 2002 by Routledge - photo 4
First published in 1945
by Routledge
Reprinted in 1998, 2000, 2002
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Transferred to Digital Printing 2007
Routledge is an imprint of the Taylor & Francis Group
1945 Robert Egerton
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
The publishers have made every effort to contact authors/copyright holders of the works reprinted in The International Library of Sociology. This has not been possible in every case, however, and we would welcome correspondence from those individuals/companies we have been unable to trace.
British Library Cataloguing in Publication Data
A CIP catalogue record for this book
is available from the British Library
Legal Aid
ISBN 0-415-17743-X
The Sociology of Law and Criminology: 15 Volumes
ISBN 0-415-17832-0
The International Library of Sociology: 274 Volumes
ISBN 0-415-17838-X
Publisher's Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original may be apparent
Contents
CHAP.
The accessibility of the courtsExpense of normal legal procedureCheaper justice through reformsEquality before the lawThe extent of the problemThe consequences of inequalityFinancial considerationsThe need for examination of the legal aid system
Concessions to poor suitors up to the sixteenth centuryStatutes of Henry VII and Henry VIII providing free writs, free representation and non-liability for costsDissatisfaction with pauper litigationThe imposition of fees in pauper casesThe procedure in ChanceryThe ineffectiveness of the 1883 Rules of Court
The necessity for reformThe Poor Persons' Rules, 1914Findings of the 1919 CommitteeInstitution of deposits for out-of-pocket expenses and abolition of office expensesLack of conducting solicitorsThe 1923 CommitteeTransfer of control to the Law SocietiesGrowth of Poor Persons' workThe Welsh Law SocietiesWartime congestionThe Services Divorce Department
House of LordsCriminal cases Civil cases in the Police CourtThe County CourtThe Bentham CommitteeSome other organizations concerned with poor litigants
Poor Man's Lawyer centresPoor Man's Lawyer AssociationsWartime developmentsCitizens' Advice BureauxCambridge House Free Legal Advice CentreCitizens' Advice Bureaux scheme for the provincesThe Services Legal Advice scheme
ScotlandNorthern IrelandThe British EmpireTypical Continental systems : AustriaBelgiumSwedenRussiaU.S.A.Comparative analysis of legal aid : Countries where there is no legal aidNo legal adviceAssistance limited to certain types of case or certain courtsEvidence of prima facie caseEvidence of povertyFixed monetary testsPartial legal aidThe authority making the grant of aidAppealsThe benefits of a grantPayment of advocatesTreasury assistance with out-of-pocket expensesLiability of the poor person and his opponent for costsThe training of young lawyers
CHAP.
Grant of certificates by practising lawyersCriticism by the Court of AppealThe worthiness of applicants Discretion casesOther objections to the present practiceGrant of certificates by the courtsAppeal against the refusal of a certificateThe test of a prima facie caseRight of an opponent to oppose an applicationConciliation methods
Financial limits and the cost of livingThe means of the familyFixed limitsEvidence of meansPart paymentDisbursements and depositsObtaining evidenceThe need for a fund
Existing provisions as to costsHistory of opponent's immunityInfluence of legal etiquette and theoryCriticismPoor person's liability for his own costsLiability for his opponent's costsLimitation of executionIndemnifying the opponent
The criminal provisionsSmall feesFew certificates granted by magistratesThe Public Defender systemThe House of LordsDisbursementsRepresentation Civil cases in the Police Courts and County CourtsAbsence of provisions criticized by Court of AppealRemission of court feesThe need for representationComplexity of casesArgument that the judge is advocate for the unrepresented partyTrade unionsCharitable organizationsSpeculative solicitorsCost of County Court casesLack of assistance in parts of the countryOpposition of legal professionSmall Claims Courts
The necessity for legal adviceDefects of charitable arrangementsThe place of legal advice in the legal aid schemeAdvantages of legal advice centresRotas of solicitors or bureaux with a permanent staff?
The need for negotiation and conciliation and non-contentious workObjections to a Government DepartmentDifficulty of paying private firms of solicitors out of public fundsAdvantages of legal aid centres conducting negotiations and possibly litigation in free casesLegal education at legal aid centres Reduced fee schemes in the U.S.A.Necessity for work at reduced feesAdvantage of fees being based on solicitors' scale charges
Requirements for a thorough legal aid schemeImpossibility of meeting the requirements on a charitable basisReforms delayed owing to the financial burden on the legal professionNo prospect of raising the necessary funds from charitable subscribersDiscussion of insurance scheme proposalsFinancial responsibility of the StateLocal authorities and other possible sources of funds
Necessity for unified control of the whole legal aid schemeBodies which might control the schemeA Government DepartmentLocal authoritiesPoor Man's Lawyer CentresThe Law SocietiesA composite bodyShort outline of the working of the proposed scheme
The Lord Chancellor has recently appointed a committee under the chairmanship of Lord Rushcliffe "to inquire into the present facilities for giving legal advice and assistance to poor persons", and to make recommendations for "securing that poor persons in need of legal advice may have such facilities' at their disposal". It is unlikely that this committee will have issued its report before this book has been published, but even if it has done so, Mr. Egerton's work will not have lost anything in value for he has included in it much useful information, based on his own experience, which obviously cannot find a place in an official report. He has traced in detail the long and chequered history of legal aid in England, he has described the various systems now in force in other countries, and he has. analysed the system, or to be more accurate, the lack of system followed in this country. No one is better qualified than Mr. Egerton to paint an accurate picture of present-day conditions, in view of his experience as Registrar of the Cambridge House (Trinity Hall) Free Legal Advice Centre, which dealt with 4,367 new cases in 1943. Although the large proportion of these were concerned with matrimonial and landlord and tenant disputes in which money claims are rarely at issue, the Centre was able to recover more than,5,000 for applicants. This sum may not seem strikingly large, but when we translate it into human terms and realize that more than 4,000 poor people were given a fair chance to state their cases, we can understand how important this work has been.
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