The Gazette 1975

ASPECTS OF LEGAL AID AND ADVICE On December 14th, 1974, the Free Legal Advice Centre held a Seminar in the Burlington Hotel. Its Purpose was twofold. Firstly to acquaint those involved |n the Irish law system with the problems encountered to the English legal aid scheme and secondly to generate discussion among interested parties on the submission of the Free Legal Advice Centres to the p ringle Committee on Civil Legal Aid in the Republic of Ireland. large area of unmet legal needs, particularly in the tribunal area — an area which has gained a large jurisdiction in the decisions affecting people and in particular those areas covering the more impoverished members of society. The present system was also attacked for its ludicrously complicated administartive structure. It had had the effect of dissuading community groups from pursuing test cases or group cases and had also not radically altered the role, image and education of solicitors. This he felt was anathema to the true purpose of having a free legal aid system.

To these ends three persons were invited to speak from Britain; Mr. James Ritchie of Brent Community Law Centre, Mr. David Offenbach and Mr. Clive Morrick of the Legal Action Group. Mr. John Finlay, toen chairman of FLAC was the last of the formal speakers. A wide range of persons and organisations were represented at the Seminar not least being members °f the Judiary and legal professions. Mr. James Ritchie (Brent Community Law Centre) opened the seminar with an outline of the role of his law centre and the problems extant in the area of operation. Brent he characterised as "inner city stress area" with the attendant difficulties — bad housing, unemployment, poor schooling, a large immigrant Population and a general ignorance of legal rights allied with little community organisation. The law centre is sponsored by the local Authority and has two lawyers presently employed. The first toajor problem apparent was the landslide of practical casework which militated against the delineation of a rational and coherent policy. Bearing this in mind liaison with local groups such a s Tenants Associations was established and such groups encouraged to publicise widely the rights and duties relevant thereto. The taking of test cases was an important feature of the activity of the centre and tois served to highlight the abuses of rights that exist in a deprived area. Thus the community law Centre was n o t merely a "free solicitor" in an office, but a dynamic organisation t o push forward and guarantee the rights °f the particular area. . In conclusion Mr. Ritchie pointed out that the par- ticular wish of the Centre was to inform people of toeir rights in order that they might be enforced. He demised three ways in which this could be done:—

Despite efforts by the Law Society the defects of the system were still manifold, undue delay being one which discourage entitled persons from using the system. The means tests and the contribution system were also criticised for being unrealistic and harsh in a time of high living costs and mounting inflation. To remedy this Mr. Offenbach suggested a radical rethink of the institutions at present involved and the introduction of a more realistic and dynamic system. The need for a new kind of Legal Education and approach to the role of the lawyer in society was put forward — an idea which itself is being debated at present in the Republic. Mr. Clive Morrick of the Legal Action Group con- cluded the guest speakers with a resumé of the Legal Action Group's function. Primarily this group are a central agency for the dispersal of information to practitioner and worker in the areas of law relevant to deprived persons. The fields of Labour, Landlord and Tenant, Social Welfare and Town and Country Planning Law were all covered in their brochures. The emergence of lawyers practising in the areas of "poverty law" was therefore further encouraged by general and easy access to clear and accurate reports of law relevant to these fields. Mr. John Finlay, the last formal speaker of the seminar concluded by outlining the FLAC proposals for a legal service system in Ireland. Having described the need for a publicly financed system of legal services he went on to mention the extent of the needs. That statistics were not available was clear, but FLAC had over 5 } years accumulated a case load exceeding 8,000, a small figure in view of the limited scope of FLAC's operation. Aside from the more financial disability, Mr. Finlay outlined several factors serving to dissuade people from taking legal advice. i) the geographical location of solicitors offices and their office hours ii) the ignorance of people that they may have a legal right

A) by advertising statutory and

voluntary

agencies of their legal right and duties by issuing leaflets and advice sheets to the general public concerning their rights and by urging people to organise for the purpose of gaining adequate recognition of their rights and

B)

C)

Mr. David Offenbach in his speech concentrated toainly upon the nature and defects of the English Legal Aid System founded between 1946 and 1949. His first criticism was that there still remained a

130