Democratizing legal services : obstacles and opportunities

著者

書誌事項

Democratizing legal services : obstacles and opportunities

Laura Snyder

Lexington Books, c2016

  • : hbk
  • : pbk

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注記

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

内容説明・目次

内容説明

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. More information can be found at: www.notjustforlawyers.com

目次

Preface Introduction Part I: The Opposition to Alternative Structures Chapter 1: Alternative Structures will Undermine Professionalism and Ethics Chapter 2: There Is No Way to Regulate Alternative Structures Chapter 3: The Adoption of Alternative Structures Will Jeopardize Self-Regulation of the Profession Chapter 4: There is No Demonstrated Need, Demand, or Problem Chapter 5: New Delivery Models Can be Developed Without Changing Rule 5.4 Chapter 6: The Payment of Salary is Adequate Compensation for Non-Lawyers Chapter 7: No One in Their Right Mind Would Want to Invest in a Law Firm Chapter 8: Alternative Structures Will Lead to a Consolidated Market Controlled by Large Law Firms Chapter 9: Alternative Structures Cannot Help Those Who Canot Pay for Legal Services Chapter 10: Alternative Structures Will Make Things Harder for Un- and Underemployed Lawyers Chapter 11: The Burden of Proof Has Not Been Met Part II: The Opportunities Offered by Alternative Structures Chapter 12: Opportunities for Funding for Legal Aid Chapter 13: Opportunities for Downstream Markets and the Economy as a Whole Chapter 14: Opportunities for Lawyers Chapter 15: Opportunities for In-House Legal Departments in the Public and Private Sectors Chapter 16: Opportunities for an Improved Regulatory Approach Chapter 17: Opportunities for Failure Part III: Access to Justice Chapter 18: Unacknowledged Complexity Chapter 19: Access to Justice Comes in All Shapes and Sizes, Sometimes Obvious and Sometimes Not Chapter 20: Unmet Need as Human Rights Crisis Part IV: The (Non)-Regulation of Legal Services and the World Stage Introduction to Part IV Chapter 21: Abdication of Regulatory Power Chapter 22: International Obligations and Commitments Chapter 23: Endless Objections and Calls for Evidence and the Lawyer Monopoly on Legal Services (Or, Having Your Cake and Eating It, Too) Chapter 24: Good Governance Requires...Actual Governance Part V: Stories (Letting the Old Lady Scream) Chapter 25: Stories Tom Curran, CEO, Kings Court Trust Alexander Hamilton, CEO, Radiant Law John Kain, Managing Director, Kain C+C Christopher Mills, Partner and COO, Schillings Ken Jagger, CEO, AdventBalance David Simon, Chair, Triton Global Luke Geary, Managing Partner, Salvos Legal and Salvos Legal Humanitarian Jenny Holloway, Associate Dean, Nottingham Law School and Nick Johnson, Pro Bono Director, Nottingham Law School Legal Advice Centre Archana Makol, Director, BT Law Ltd. Greg Tucker, CEO, Maurice Blackburn Dina Tutungi, General Manager-Personal Injury Victoria, Slater and Gordon Lawyers Jordan Mayo, Managing Director, Smedvig Capital Elisabeth Davies, Chair, Legal Services Consumer Panel Michael McDevitt, Co-Founder & Chief Executive Officer, Tandem Legal Group Monica Goyal, Founder and Principal, Aluvion Law David Clementi

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