Legal Aid - Legal Aid Movements

Legal Aid Movements

Historically legal aid has its roots in the right to counsel and right to a fair trial movement of the 19th Century continental European countries. "Poor man's laws" waives court fees for the poor and provided for the appointment of duty solicitors for those who could not afford to pay for a solicitor. Initially the expectation was that duty solicitors would act on a pro bono basis. In the early 20th Century many European countries had no formal approach to legal aid and the poor relied on the charity of lawyers for legal aid. Most countries went on to establish laws that provided for the payment of a moderate fee to duty solicitors. To curb demand, legal aid was restricted to lawyer costs in judicial proceedings where a lawyer is mandatory. Countries with a civil law legal system and common law legal systems take different approaches to the right to counsel in civil and criminal proceedings. Civil law countries are more likely to emphasise the right to counsel in civil law proceedings, and therefore provide legal aid where a lawyer is required, while common law countries emphasises the right to counsel and provide legal aid primarily in relation to criminal law proceedings.

In response to rapid industrialisation in the late 19th Century Europe, trade union and workers' parties emerged challenging the social policies of governments. Laws were enacted to provide workers with legal rights in the event of illness or accidents in an attempt to prevent industrial action by industrial workers. Workers unions in turn started to provide workers with legal advice on their new economic, social and cultural rights. Demand for these services was high and in an attempt to provide workers with non-partisan advice many governments started to provide legal aid by the early 20th Century.

In the 20th Century the movement in favour of legal aid has been top-down, driven by those member's of the legal profession who felt that it was their responsibility to care for those on low income. Legal aid is driven by what lawyers can offer to meet the "legal needs" of those they have identified as poor, marginalised or discriminated against. Therefore legal aid provision is supply driven, not demand driven, leading to wide caps between provisions that meet perceived needs and actual demand. Legal service initiatives, such as neighbourhood mediation and legal services, frequently have to close due to lack of demand while others are overwhelmed with clients.