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clients. <strong>The</strong> organised bar or other associations oflegal professionals may be especially helpful inpursuing these goals, especially in the contest ofcontinuing legal education.Of course, one must guard against the dangersof ‘diploma mills’ that give students alaw degree but not any real skills or training, especiallywhen these fly-by-night operations exploitless educated prospective students. This dangershould not be exaggerated, especially when comparedwith the significant costs associated withoverly limited opportunities <strong>for</strong> legal education.Nevertheless, in some developing countries, thepoor may suffer as much from an ‘oversupply’of poorly-trained, dishonest ‘lawyers’ as they dofrom an under-supply of competent lawyers interestedin representing poor clients. <strong>The</strong> solutionto the quality control problem, however, cannotbe sharp restrictions on access to legal education.Rather, it must be a combination of sensibleregulation, market competition, and in<strong>for</strong>mationdissemination.In addition to expanding opportunities <strong>for</strong> legaleducation and training, re<strong>for</strong>ming the nature oflegal education at the elite law schools couldmake it easier <strong>for</strong> young lawyers to pursue careersthat include a substantial amount of public servicework or compensated representation of poorclients. <strong>The</strong>re is no one right way to do this, anddifferent law schools will necessarily take differentapproaches to curricular re<strong>for</strong>m. With that caveat,possible re<strong>for</strong>ms might include expanding courseofferings on subjects of particular relevance topoor clients (such as landlord-tenant law, labourlaw, land law, natural resources law, customarylaw, mass torts, and criminal defence); providingmore opportunities <strong>for</strong> clinical legal education;and using incentives or requirements to encouragelaw students to spend a period of time aftergraduation doing public interest work or providinglegal aid. Additionally, elite law schools shouldexplore ways to increase enrolment of studentsfrom disadvantaged backgrounds, and to providespecial classes to such students so that they cancompete with their classmates from elite backgrounds(Menon 2007). While there is no guaranteethat students from disadvantaged backgroundswill end up providing legal services to the poor,they are probably more likely to do so as a statisticalmatter, and they may also serve as role models<strong>for</strong> other members of their communities.<strong>The</strong> risk of an approach that emphasises drawingmore talented young people — especiallytalented young people from disadvantaged backgrounds— into the legal profession is that theirtalents might be better deployed in some otherfield (Murphy, Shleifer and Vishny 1991). Manywho think and write about legal education andlegal aid have an un<strong>for</strong>tunate tendency to neglectthe opportunity costs associated with a greaterallocation of talent to the legal sector. Nevertheless,in most developing countries the supply oflegal service providers in poor communities is soconstricted, and existing law school training isso distorted in the direction of preparing younglawyers <strong>for</strong> elite practice, that the benefits of expandingthe opportunities <strong>for</strong> legal education arelikely to exceed whatever costs arise from divertingsome number of talented youths from alternativecareers in business, medicine, science,public service, or some other calling.Distortion in the legal education system is onesource of the supply problem in the market <strong>for</strong> legalservices. Another potential problem may arisewhen countries adopt stringent ‘unauthorisedpractice of law’ rules — that is, when countriesmandate that certain legal services can only beoffered by a certain legal professionals, such aslicensed attorneys, barristers, or notaries. Whilethese restrictions may arise from the purest of29
motives — such as the desire to maintain minimumquality standards and to protect consumersfrom exploitation — they often have the effectof conferring a monopoly on a particular set oflegal service providers. This drives up the priceof legal services to the disadvantage of consumersin general and poor consumers in particular(Rhode 2009, 2004, Spaulding 2004). Thisphenomenon has led to calls in some quarters <strong>for</strong>complete elimination of prohibitions on the unauthorisedpractice of law, and in other quarters <strong>for</strong>more modest changes that would allow paralegalsand lay people to per<strong>for</strong>m a larger proportion ofthe activities that are currently restricted to legalprofessionals (Cantrell 2004, Kritzer 1997,Rhode 2004, NCLEP Philippines 2007).Though some bar associations have shown an appreciationof the problem and indicated a desireto work with re<strong>for</strong>mers to liberalise the market <strong>for</strong>legal services, other legal professional associationshave fiercely opposed any re<strong>for</strong>ms that mightthreaten their monopoly on legal services (Hammergren2007, Messick 1999). <strong>The</strong> argumentsagainst loosening restrictions on who can providelegal services typically emphasise the need to protectconsumers from incompetent or unscrupulousservice providers. Of course, many service marketsfunction effectively without strict ex ante licensingschemes and entry barriers, so the case <strong>for</strong> thissort of regulation in the legal services context ishardly self-evident. Moreover, there is a small butgrowing body of empirical research — most of it,admittedly, conducted in rich countries — thatindicates non-lawyers (especially paralegals) andlay people can per<strong>for</strong>m a variety of ‘legal’ servicesas effectively as lawyers, and that marketmechanisms and less intrusive regulation can beeffective in protecting consumers from exploitation(Cantrell 2004, Kritzer 1997, Domberger andSherr 1989). This evidence, though suggestiverather than conclusive, indicates that liberalisationof the market <strong>for</strong> legal services — in the <strong>for</strong>m ofweakening restrictions on who can provide particularlegal services — is likely to improve access tojustice <strong>for</strong> the poor substantially, while imposingrelatively few costs on society so long as alternativequality-control institutions are in place.A major attraction of a re<strong>for</strong>m strategy that emphasisesthe liberalisation of the market <strong>for</strong> legal servicesis that, compared to many other legal re<strong>for</strong>mstrategies, liberalisation may require fewer governmentor donor expenditures, at least in the medium-to long-term. Instead of compensating <strong>for</strong> amarket distortion through continuous payments tothe individuals, the liberalisation strategy focuseson curing a market distortion through a change inthe regulatory scheme. <strong>The</strong> major obstacle to theliberalisation strategy, however, is likely to be political:As noted above, many (though not all) associationsof legal professionals strongly oppose thissort of liberalisation. Organised legal professionalsare indispensable partners in achieving the objectivesof expanding access to justice and promotinglegal empowerment (Grajzl and Murrell 2006), andit would be a serious mistake to alienate the barby adopting an overly confrontational posture withrespect to the liberalisation in the market <strong>for</strong> legalservices. Though the appropriate implementationstrategy will depend on the specific circumstancesof each individual case, as a rule of thumb it isprobably advisable <strong>for</strong> re<strong>for</strong>mers to work with thebar to find points of agreement and opportunities<strong>for</strong> collaboration; to begin the process of liberalisingthe legal services market with those legalservices where the most powerful lawyers andlawyers’ associations are least threatened; and toemphasise <strong>for</strong>ms of liberalisation that increase theparticipation of non-lawyers in contexts were fewlawyers currently offer services.For example, re<strong>for</strong>mers could support special ex-30
Page 5 and 6: In reply to its expression of sorro
Page 7: group chaired by Commission
Page 10 and 11: that they can protect their assets
Page 12: External Monitoring ...............
Page 16 and 17: Case 10 Spain: Flexibility at the M
Page 18 and 19: Taking Microcredit Out of the Ghett
Page 20 and 21: Explanation of the Tools ..........
Page 23 and 24: 1. IntroductionThe
Page 25 and 26: Theoretical perspe
Page 27 and 28: long-term migrant or refugee popula
Page 29 and 30: digital camera that could be used t
Page 31 and 32: or social services fraud. Thus, alt
Page 33 and 34: 3. Strategies to CreateAffo
Page 35 and 36: is secured through social pressure
Page 37 and 38: sufficient guidance as to the best
Page 39 and 40: even better, by showing the ones wi
Page 41 and 42: A related option is teaching the po
Page 43 and 44: some other trusted service provider
Page 45 and 46: From an economic perspective this s
Page 47 and 48: 2007). Such mechanisms prove prefer
Page 49: can play an important role in mobil
Page 53 and 54: of some legal action brought by the
Page 55 and 56: ernments may consider to remove art
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Page 59 and 60: ence others in the supply chain to
Page 61 and 62: ing access to justice for</
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Page 67 and 68: Box 2 Coping with Legal Pluralism i
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Page 73 and 74: e restructured in a way that reduce
Page 75 and 76: impact of a proposed action on some
Page 77 and 78: 5. Conclusions andRecommendationsIn
Page 79 and 80: Chapter 1 Endnotes1 Excellent recen
Page 81 and 82: Lopez-de-Silanes, F. 2002.
Page 84 and 85: ChapterTWOEmpowering thePoor Throug
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Page 88 and 89: and insurance — to facilitate tra
Page 90 and 91: Table 1 Mapping the dynamics of leg
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Page 94 and 95: I. IntroductionAs these lines are b
Page 96 and 97: contributed to its substance. But a
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in their countries is added reason
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is concentrated in the hands of the
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property, contribute to the exclusi
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There may be sound
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system as a system of rules regardi
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Box 3 Namibian land refor</
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Box 4 Focus AfricaCustomary rights
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property, some indigenous peoples a
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• Where consensus is hard to obta
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and the establishment of transparen
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which develop into a fully serviced
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Box 5 Sale of land: examples oflega
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as collateral more of the poor woul
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Enhancing Access to Land and Real P
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Box 8 Example of Singapore:public h
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Box 10 Slum upgradinginitiative in
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2. Pay Attention to Sequencing. <st
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Foster Coalitions of Change in Favo
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Chapter 2 EndnotesUniversal Declara
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ers, refl ecting the allocation of
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ing industry through the scheme. (S
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193 See Tomlinson 2007.194 UN-ESCAP
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presented at the National W
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Property Rights.’ At: http://www.
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Empowerment, issue 2, Oslo: 65-90.R
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ChapterTHREETowards a GlobalSocial
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and grounded in conditions of freed
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Support inclusive social protection
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tions that follow from this, and em
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2. Labour Rights, Infor</st
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ployment in developing countries: s
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Box 1 Different Categories of In<st
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In North American, European Union,
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self-employed persons in OECD count
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all cases, the infor</stron
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A New Departure: Fundamental Princi
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The conclusions st
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forcement and, eve
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e granted to people as citizens rat
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uncertainty as to the existence of
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surveys discussed below, the ICA su
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e lower than that created by other
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tion, and civil security, which typ
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and the quantity of employment oppo
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equity. The key to
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works, first by allowing fo
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and of regulations should involve a
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Process recommendationsOur working
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Towards a New Social Contract.<stro
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on Gender Indicators of the Inter-A
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Case 4:Collective identity, collect
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nomic and social development plans
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Case 7:Social security for<
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our inspection and sanction and it
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the law and therefor</stron
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Chapter 3 Endnotes1 See Resolution
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83 Boundary: a cab driver,
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_______. 2002a. ‘Decent W
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ChapterFOURBusiness Rights195
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Informal and <stro
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tion in decision making that promot
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workers as well as the self-employe
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Good initiatives have been undertak
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obtain formal, per
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the government’s ability to issue
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and those in transition, as well as
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ers employed by households, to ‘d
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Figure 1 GDP Per Capita and the Siz
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social insurance, and need
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Box 1 Empowering Indigenouspeoples
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mand for af<strong
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Box 2 Unlocking Barriers: Legal Mec
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tion is inadequate or the roads are
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Figure 4 Regulatory Environment and
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statements, invoices, etc.). Accord
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ights. Other benefits would include
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agricultural activities more produc
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primary health system. Similarly, i
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(owned by men with access to credit
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provides protection to low-income p
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private-partnerships (PPPs) that ca
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enterprises. Developing effective s
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Case Study:‘Tell us how to make l
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Case Study:Business Registration Re
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10. Establish a single business ide
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Expansion1. Distribute both positiv
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successfully without much additiona
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• Asset protection;• Capital pr
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‘entrepreneurship inspired by nec
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millions who operate poor, micro in
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In developing and promoting new app
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institutional instruments to make t
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Figure 5Legal Empowerment of In<str
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forward linkages o
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of public space, tax-funded incenti
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33 Chen, M. Rethinking the In<stron
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Chapter 4 BibliographyADB, ‘Legal
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WIEGO, ‘Accra Hawkers Association
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EXECUTIVE SUMMARYExisting power str
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take effect quickly. Individual unc
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ping; competencies assessment; conf
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sort out the conflicting elements a
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so the Commission
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menu of possible Legal Empowerment
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ership. Legal Empowerment of the Po
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to be frictional for</stron
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jority of the population in many co
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At the national level, a society’
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programme — which accrues to the
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Dharavi’s residents lack ownershi
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een a far greater number of authori
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eform, as Box 5.3
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ased work easier to fit in around t
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Box 5.4 Organising out ofPoverty: T
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should be designed, what tradeoffs
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flip side of forum
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Lessons may be drawn from knowledge
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Table 5.4 Skeleton Diagnostic Tool:
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of interests). Without the commitme
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Table 5.6 Empowerment Domain 1: Acc
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Box 5.6 Gold Rush in Mongolia: from
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eforms, per se, bu
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Table 5.10 LEP Implementation Strat
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need and the potential for<
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• Action planning: Development of
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Table 5.11 Pro-poor policy implemen
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4. Customize the choice of monitori
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of touch with the desires of the po
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munity empowerment, especially if t
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elevance to a particular area of in
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view the current state of practice
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Training (on leadership, group work
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of labour disputes: An internationa
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categories don’t interest us. But
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• Since 1996, Institute f
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Chapter 5 Endnotes1 The</st
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Chapter 5 BibliographyAbdul-Jalil,
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The Commis
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