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Essay / The cost of budget cuts: the accessibility of free legal services...
In criminal cases, defendants have an inherent right to legal representation when arguing their case in court, whether they may or may not pay for it later—but in civil cases (e.g., those dealing with domestic violence, small claims, protective orders, etc.), this is not necessarily the case, even if it means risking someone's health or safety. Ensuring professional legal assistance to those preparing to go to court is important due to the complexity of the legal system and jargon that would leave the average untrained citizen confused and unable to effectively argue their case. It has been proposed that the multitude of private attorneys constitutes a previously untapped resource that may hold the key to solving this problem, and that free assistance to civil defendants living in poverty should become a requirement. However, according to the American Bar Association's Standing Committee on Pro Bono and Public Service, a certain amount of pro bono legal assistance is already common practice among American legal practitioners. Mechanisms for self-preparation of defendants in civil cases should be reviewed and improved, and incentives to perform additional pro bono work should be offered to lawyers, not obligations. It has not always been this difficult to obtain legal help for defendants in civil cases. free. In the past, obtaining free legal assistance for civil matters was not a problem for people living in poverty due to the many government-funded programs dedicated to providing such assistance, but with state and federal deficits without precedent and with no foreseeable end to budget deficits, many have mobilized to end funding for these programs (Mantel, 829). In response, many states have developed websites with interactive utilities that allow...... middle of paper ...... regarding the state of access to legal services among the nation's poor. Those living below the poverty line are among the most vulnerable members of the country, and we are often judged on our ability as a nation to defend and protect these citizens. Something must be done to reverse this detrimental problem. Works Cited American Bar Association Standing Committee on Pro Bono and Public Service. Supporting Justice: A Report on the Pro Bono Work of America's Attorneys. Chicago, IL. (2005) Print. Currie, Ab. “A Wrong Path: Federal Funding of Civil Legal Aid in Canada.” » International Journal of the Legal Profession 13.1 (2006) 99-116. Print.Mantel, Barbara. “Legal aid crisis”. CQ Researcher 9:35 p.m. (2011): 829-852. Print.Villarreal, Nancy. “Improving Legal Aid for California’s Rural Communities.” » Berkeley newspaper La Raza. 20. (2010) 191-204. Print