LAWS 1000 Lecture Notes - Lecture 10: Pro Bono, Legal Expenses Insurance, Legal Aid

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10 Aug 2016
Nov 29
What limits access
-two ways access to justice is limited= standing and resources
-standing: only some people can access court. You need to be directly affected by a situation to go to
court. personal rights must be affected.
-resources: funding is made case by case. Government is essentially paying for cases against itself.
-we do have access to justice, but we still need to pay for it. No guarantee for legal aid.
McLachlin comments
-courts aren’t have accessible for people with decent income
-growing complexity and cost is what scares people away
-this results in injustice. Justice is for sale.
-not only cost, but structural and complexity problems of system
-impossible to represent yourself
-judges need to be impartial and can’t help those who represent themselves
-how can justice be used to try and address social inequality? (use to alleviate poverty)
-two types of parties
-one shotters: individuals, people who don’t have regular access to courts.
-repeat players: use court systems regulary. Companies, prosecutors. Stakes are low because of high
amount of cases, they are interested in future similar cases. What could this case mean in the future?
Repeat players have an advantage
-been to court before and often
-easier for them to pursue a case. (company has in house lawyer)
-people trust them more
-play the odds= RP can lose a case or two to have a future advantage in cases that will be present later
Are all RP’s lawyers
-some lawyers are very good in court, others don’t ever set foot in court.
-lawyers are more likely to identify with court and other lawyers rather than with client. Lawyer is more
interested in long distance advantages, which might not include client This could harm the client and he
might not get the results he wants
What role does structure of the courts play
-courts are passive, they not to be mobilized
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