Legal Aid Lawyers and the Quest for Justice - Hardcover

Daniel Newman

Hardcover

ISBN 10: 1849464332 ISBN 13: 9781849464338

Publisher: Hart Publishing, 2013

Synopsis

Based on research conducted in the UK, this book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages: in interviews, legal aid lawyers claim a positive relationship with their clients, while under participant observation, there emerges quite the opposite. Paying more heed to what was seen rather than what was said, it is supposed that these lawyers were able to talk the talk, but not walk the walk. The lawyers treat their clients with wanton disrespect - making fun of them, talking over them, and pushing them to plead guilty - despite protestations to the contrary. The evidence is damning for this branch of the legal profession and tragic for the clients who depend on them. What is responsible for this malaise? Inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book holds a mirror up to the legal aid profession, showing that there is a problem - one that could get worse unless lessons are learned from the mistakes made by the lawyers in this study. The book offers a fascinating analysis and will be of interest to all those wanting to learn more about the current state of the access to justice.

About this title

Product Description

This book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages; in interview, lawyers claim a positive relationship with their clients while, under participant observation, there emerges quite the opposite. Paying more heed to what was seen than what was said, it is supposed that these lawyers were able to talk the talk but not walk the walk. The lawyers treat their clients with wanton disrespect; making fun of them, talking over them and pushing them to plead guilty - despite protestations to the contrary. The evidence is damning for this branch of the legal profession - and tragic for the clients who depend on them. What is responsible for this malaise...inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book is intended to show the profession that there is a problem - one that could get worse unless they choose to learn from the mistakes made by the lawyers in this study.

Review

[S]uperbly researched and edited, drawing upon a wealth of studies and, more importantly, on countless interviews with lawyers on the subject of their representation of individuals who have received legal aid...Recipes for success are found in each chapter and prescriptions for a healthy professional and personal life abound... -- Gilles Renaud * Deakin Law Review, Volume 19(2) *

About this edition

• Publisher: Hart Publishing
• Publication date: 2013
• ISBN 10: 1849464332
• ISBN 13: 9781849464338
• Binding: Hardcover
• Edition number: 1
• Number of pages: 198