NCJ Number
43595
Journal
NLADA (NATIONAL LEGAL AID AND DEFENDER ASSOCIATION) BRIEFCASE Volume: 34 Issue: 4 Dated: (AUGUST 1977) Pages: 106-110,117-122
Date Published
1977
Length
11 pages
Annotation
THE OPERATIONAL PROBLEMS OF THE LEGAL SERVICES CORPORATION AND ITS PREDECESSOR, THE OFFICE OF ECONOMIC OPPORTUNITY'S PROGRAM OF LEGAL SERVICES FOR THE POOR, ARE EXAMINED.
Abstract
ALTHOUGH THE LEGAL SERVICES PROGRAM HAS DONE A GREAT DEAL OF GOOD IN A SHORT TIME, PROPONENTS WHO ENVISION ITS EXPANSION INTO A NATIONAL DELIVERY SYSTEM FOR PROVIDING LEGAL HELP TO THE POOR TEND TO OVERLOOK SOME OF THE DAY-TO-DAY PROBLEMS OF THE SYSTEM THAT IS BEING CREATED. DESPITE A DESIRE TO AVOID THE DETACHED, CLIENT-CONTROLLING SERVICE CHARACTERISTIC OF MANY PUBLIC BUREAUCRACIES, LEGAL SERVICES OFFICES TEND TO PROCESS CASES ROUTINELY, OFFER THE CLIENT LITTLE AUTONOMY, EMPLOY NARROW DEFINITIONS OF CLIENT CONCERNS, AND SOMETIMES INAPPROPRIATELY ENCOURAGE CLIENTS TO ACQUIESCE IN NEGOTIATED SETTLEMENTS. MOST LEGAL SERVICES LAWYERS ARE UNAWARE OF THESE PATTERNS AND, AS INDIVIDUALS, ARE SYMPATHETIC TO AND CONCERNED ABOUT THE PLIGHT OF THEIR CLIENTS. INFLUENCES WHICH MAKE THE LEGAL AID LAWYER INSENSITIVE TO THE PATTERNS INCLUDE PRESSURES TO SETTLE CASES, THE LAWYER'S OWN INEXPERIENCE IN PROTECTING CLIENTS IN A HIGHLY BUREAUCRATIZED LEGAL SYSTEM, AND THE READY AVAILABILITY OF ACCEPTABLE JUSTIFICATIONS FOR ROUTINIZED RESPONSES TO CLIENTS. MECHANISMS FOR CONTINUOUSLY AND ACCURATELY ASSESSING THE REPRESENTATION BEING PROVIDED LEGAL SERVICES CLIENTS ARE NEEDED. SUCH METHODS AS SYSTEMATIC REVIEW OF CASE FILES, CASE 'POST-MORTUMS,' CIRCULATION OF CASE FILES WITHIN OFFICES, PAIRING OF LAWYERS, IN-OFFICE TESTING OF STAFF, SURVEYS OF CLIENT REACTION TO SERVICES, AND REVIEWS BY OUTSIDE CONSULTANTS MIGHT BE USED. IT IS ALSO IMPORTANT THAT LAWYERS AGREE TO ACCEPT SOME DIRECTION IN THE WAY THEY ARE HANDLING CASES. ANOTHER APPROACH IS TO EDUCATE CLIENTS IN HOW TO EVALUATE THE SERVICES THEY RECEIVE AND TO ENCOURAGE CLIENT PARTICIPATION IN CASES. INSERVICE STAFF TRAINING AND DEVELOPMENT EFFORTS ARE ALSO CALLED FOR. LEGAL SERVICES STAFF WILL ALSO NEED TO BECOME MORE EXPLICIT ENGAGED IN EFFORTS TO AFFECT INSTITUTIONAL PRACTICES AND CONDITIONS.