HAMLYN - College of Social Sciences and International Studies ...
HAMLYN - College of Social Sciences and International Studies ...
HAMLYN - College of Social Sciences and International Studies ...
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Justice <strong>and</strong> Access to Justice<br />
again, how will the Community Legal Service be able to avoid<br />
unacceptable differences in levels <strong>of</strong> service at the local level. 59<br />
On the other h<strong>and</strong>, trying to even out provision by the transfer<br />
<strong>of</strong> moneys from one area to another, or from one service to<br />
another means, by definition, that need that is currently being<br />
met would no longer be met. There is no way <strong>of</strong> squaring this<br />
circle.<br />
The Consultation Paper says that in order to achieve proper<br />
referral between advisers <strong>and</strong> the most effective deployment <strong>of</strong><br />
resources in a particular area, "it will be very important for<br />
formal working agreements or concordats to be drawn up<br />
among all the various bodies involved in each area. These will<br />
set out st<strong>and</strong>ing arrangements for their mutual co-operation in<br />
the advice they give <strong>and</strong> the services they provide". 60 My<br />
concern is that these "formal working agreements or concordats"<br />
for referral may become rigid new demarcation lines that<br />
work to the client's disadvantage. Having elaborate arrangements<br />
designed to direct clients with legal problems to the<br />
"right" adviser may actually be counter-productive.<br />
At present there is a wide range <strong>of</strong> choice. Lawyers in private<br />
practice <strong>and</strong> in law centres, CABs, consumer advice centres,<br />
housing aid centres, neighbourhood centres, can all make a<br />
contribution to sorting out people's legal problems. 61 The <strong>College</strong><br />
<strong>of</strong> Law has just announced that it plans to establish a<br />
nationwide network <strong>of</strong> free legal advice clinics staffed by<br />
students under the supervision <strong>of</strong> practitioners <strong>and</strong> teachers. 62 1<br />
59 In its response to the Consultation Paper on the CLS the Legal Aid Board has<br />
said, "It is entirely appropriate that the services available through the CLS<br />
should vary between regions according to local needs, in fact it is difficult to<br />
see how the services could be responsive to local needs <strong>and</strong> priorities if they<br />
did not". But it followed this by saying that the CLS' services would be<br />
provided "on a consistent basis reflecting local needs <strong>and</strong> priorities". (September<br />
1999, p. 9, paras 2.26-2.27.)<br />
60 op. cit, n. 52 above, at p. 15.<br />
61 The Consultation Paper on the CLS stated,<br />
"A significant number <strong>of</strong> lawyers <strong>and</strong> others working in independent<br />
advice centres, Citizens' Advice Bureaux (CABx) <strong>and</strong> Law Centres, provide<br />
this vital initial advice. This effort is on a scale without rival anywhere in<br />
the world ... It involves nearly 6,000 pr<strong>of</strong>essional staff <strong>and</strong> some 30,000<br />
unpaid volunteers working in over 3,000 centres dealing with over 10<br />
million enquiries each year. Total public funding ... is probably about<br />
£250 million a year." (May 1999, pp. 1-2).<br />
62 See Law Society's Gazette, October 27, 1999, p. 3.<br />
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