Democratizing legal services : obstacles and opportunities / Laura Snyder.

Format:

Book

Author/Creator:

Snyder, Laura, author.

Language:

English

Subjects (All):

Legal services.

Legal assistance to the poor.

Practice of law.

Lawyers.

Physical Description:

xxxi, 307 pages ; 24 cm

Place of Publication:

Lanham, Maryland : Lexington Books, [2016]

Summary:

"We live in a "law-thick" world. For individuals and organizations in both the public and private sectors, navigating the large number of complex laws, rules, institutions, and procedures that pervade American life is virtually impossible without some assistance. Some argue that "there are too many lawyers." Others argue that the unmet need for legal services is so high that it constitutes a human rights crisis. This book exposes why it is easy to access legal services for some, while it is virtually impossible for others, and why some lawyers have successful careers, but others cannot. This book argues that the problems plaguing legal services in the US can be only be addressed by a radical overhaul of the rules that govern how legal services may be delivered, as well as radical changes to who exercises the power to make those rules. Through interviews with those with experience with alternative legal service providers, this book exposes the formidable obstacles that exist along the path to those changes, as well as the opportunities that await." -- Publisher's website.

Contents:

Part I. The opposition to alternative structures

Alternative structures will undermine professionalism and ethics

There is no way to regulate alternative structures

The adoption of alternative structures will jeopardize self-regulation of the profession

There is no demonstrated need, demand, or problem

New delivery models can be developed without changing Rule 5.4

The payment of salary is adequate compensation for non-lawyers

No one in their right mind would want to invest in a law firm

Alternative structures will lead to a consolidated market controlled by large firms

Alternative structures cannot help those who canot pay for legal services

Alternative structures will make things harder for un- and underemployed lawyers

The burden of proof has not been met

Part II. The opportunities offered by alternative structures

Opportunities for legal aid

Opportunities for downstream markets and the economy as a whole

Opportunities for lawyers

Opportunities for in-house legal departments in the public and private sectors

Opportunities for an improved regulatory approach

Opportunities for failure

Part III. Access to justice

Unacknowledged complexity

Access to justice comes in all shapes and sizes, sometimes obvious and sometimes not

Unmet need as human rights crisis

Part IV. The (non)-regulation of legal services and the world stage

Abdication of regulatory power

International obligations and commitments

Endless objections and calls for evidence and the lawyer monopoly on legal services (or, having your cake and eating it, too)

Good governance requires actual governance

Part V. Stories

Letting the old lady scream [Stories}

Notes:

Includes bibliographical references (pages 269-291) and index.

Other Format:

Online version: Snyder, Laura. Democratizing legal services

ISBN:

9781498529792

1498529798

OCLC:

952470590