NCJ Number
56578
Journal
Law and Human Behavior Volume: 1 Issue: 4 Dated: (1977) Pages: 373-384
Date Published
1977
Length
12 pages
Annotation
THE ISSUE OF EVALUATING AND ASSURING QUALITY IN LEGAL SERVICE DELIVERY SYSTEMS IS ADDRESSED BY CONSIDERING RESEARCH ON HEALTH CARE SYSTEMS AND SOCIAL AND BEHAVIORAL SCIENCES AND EVALUATION OUTCOME, PROCESS, AND STRUCTURE.
Abstract
THE EVALUATION AND IMPROVEMENT OF ANY HUMAN SERVICE DELIVERY SYSTEM REQUIRES ATTENTION TO DISTRIBUTION, COST, ACCESSIBILITY, IMPACT, AND QUALITY. THE COMPETENCE OF LAWYERS AND LEGAL SERVICES CAN BE EVALUATED BY ASSESSING (1) THE TRAINING LAWYERS HAVE RECEIVED AND/OR THEIR PERFORMANCE ON PROFICIENCY EXAMINATIONS; (2) THEIR STATUS IN THE LEGAL COMMUNITY; (3) SUCCESSFUL OR UNSUCCESSFUL OUTCOMES IN MATTERS HANDLED; (4) PERFORMANCE AGAINST MINIMAL STANDARDS OF COMPETENCE; AND (5) DETAILED SPECIFICATION OF WHAT LAWYERS DO IN HANDLING CASES AND ASSESSMENT OF HOW TASKS ARE PERFORMED. ESSENTIALS IN A SYSTEM OF QUALITY ASSURANCE CONCERN THE SPECIFICATION OF SERVICES LAWYERS PERFORM, THE ESTABLISHMENT OF PERFORMANCE STANDARDS, THE DEVELOPMENT OF CRITIERIA TO DETERMINE IF STANDARDS ARE MET, THE MANNER IN WHICH CRITERIA ARE APPLIED, THE QUESTION OF WHETHER PROCESS AND OUTCOME OR SOME COMBINATION OF BOTH SHOULD BE CONSIDERED, AND THE USE OF EVALUATION FINDINGS FOR EDUCATIVE FEEDBACK OR AS A BASIS FOR SANCTIONS. EFFECTIVE METHODS OF EVALUATION AND QUALITY ASSURANCE REQUIRE THE DERIVATION OF OUTCOME MEASURES, I.E., END RESULTS FOR CLIENTS. OUTCOME IN THE LEGAL SERVICE AREA ESSENTIALLY REFERS TO THE DEGREE OF SUCCESSFUL LEGAL PROBLEMS RESOLUTION. OUTCOME MEASURES CAN BE SUBJECTIVE (CLIENT SATISFACTION, AND PROFESSIONAL PEER JUDGMENTS) OR OBJECTIVE (FAVORABLE RULINGS OR SETTLEMENTS, IMPROVED FINANCIAL RESOURCES, AND REMOVAL FROM JEOPARDY OF LITIGATION). WHAT LAWYERS AND OTHER LEGAL SERVICE PROVIDERS DO TO OR FOR THEIR CLIENTS CONSTITUTES PROCESS. INCLUDED ARE INTERVIEWING TECHNIQUES, TACTICS AND STRATEGIES, INFORMING CLIENTS OF AVAILABLE OPTIONS, NEGOTIATION AND BARGAINING WITH OTHER ATTORNEYS, WRITING WILLS, GIVING ADVICE, AND CASE TRIALS. CHARACTERISTICS OF LEGAL SERVICE PROVIDERS AND LEGAL SERVICE FACILITIES AND INSTITUTIONS REPRESENT STRUCTURE. LITTLE EMPIRICAL INVESTIGATION HAS BEEN UNDERTAKEN TO CONFIRM OR REFUTE ASSUMPTIONS ABOUT WHAT STRUCTURAL VARIABLES ARE IMPORTANT IN ASSURING HIGH-QUALITY LEGAL SERVICES. STRUCTURAL VARIABLES, INCLUDING DISPOSITIONAL, DEMOGRAPHIC, AND SITUATIONAL FACTORS, CAN FACILITATE OR INHIBIT DESIRABLE PROCESSES AND THEREBY INDIRECTLY INFLUENCE THE QUALITY OF LEGAL SERVICES. RESEARCH IS NEEDED TO ESTABLISH CAUSAL LINKS AMONG OUTCOME, PROCESS, AND STRUCTURE. NOTES ARE INCLUDED. (DEP)