NCJ Number
51658
Date Published
1978
Length
32 pages
Annotation
EXISTING RESEARCH ON THE NEED FOR AND USE OF DELIVERY SYSTEMS FOR LEGAL SERVICES IS CRITICIZED AND RECOMMENDATIONS FOR FUTURE RESEARCH ARE PROPOSED.
Abstract
IT IS INDICATED THAT EXISTING RESEARCH STUDIES BEARING ON LEGAL NEED HAVE GATHERED DATA IN THE FOLLOWING AREAS: FREQUENCY OF LAWYER CONTACT; LAWYER USE AND NONUSE BY PROBLEM TYPE; LAWYER USE AND PROBLEMSOLVING STYLES; AND PAST USERS VERSUS PAST NONUSERS. THE MAJOR RESEARCH PROJECTS PROVIDING DATA IN THESE AREAS ARE DISCUSSED AS TO THE SIGNIFICANCE OF THEIR FINDINGS. BELIEVING THAT RESEARCH FOCUSING ON PEOPLE'S USE AND NONUSE OF TRADITIONAL LEGAL SERVICES PROVIDES ONLY ONE CATEGORY OF THE DATA NEEDED TO SET POLICY IN THE DELIVERY OF LEGAL SERVICES, THE INTERACTION BETWEEN LAWYERS, LEGAL DELIVERY SYSTEMS, AND CLIENTS IS ALSO CONSIDERED. EXISTING RESEARCH IN THIS AREA IS EXAMINED FOR THE DATA IT PROVIDES ON THE IMBALANCE IN DELIVERY SYSTEMS, TYPES OF LEGAL SERVICES DELIVERY SYSTEMS, AND THE NATURE OF THE INTERCHANGE BETWEEN LAWYERS AND CLIENTS. IT IS RECOMMENDED THAT RESEARCHERS ABANDON THE QUEST TO DETERMINE LEGAL NEED ON THE BASIS OF THE USE OF LEGAL SERVICES TRADITIONALLY PERFORMED FOR THE UPPER AND UPPER MIDDLE CLASSES; AND INSTEAD, CONCENTRATE ON HOW ACCESS TO THE LEGAL SYSTEM--WHETHER OR NOT MEDIATED BY LAWYERS--CAN MAXIMIZE A GROUP OR INDIVIDUAL'S SHARE OF COMMUNITY ASSETS, SENSE OF WELL-BEING, SENSE OF BELONGING, AND SENSE OF POWER AND AUTONOMY. GROUP LEGAL SERVICES ARE VIEWED AS HAVING POTENTIAL FOR RELATING LEGAL SERVICES TO THE SPECIAL NEEDS OF PARTICULAR GROUPS. IT IS ADVISED THAT THIS PERSPECTIVE CALLS FOR RESEARCH ON THE LAWYER'S ATTITUDE TOWARD GROUP INTERESTS. (RCB)