Legal Profession

Legal Aid Lawyers and the Quest for Justice

By Daniel Newman
Hart Publishing August 2013

Specifications

ISBN-13
9781849464338
Publisher
Hart Publishing
Publication
August 2013
Format
Hardback , 198 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages; in interview, lawyers claim a positive relationship with their clients while, under participant observation, there emerges quite the opposite. Paying more heed to what was seen than what was said, it is supposed that these lawyers were able to talk the talk but not walk the walk. The lawyers treat their clients with wanton disrespect; making fun of them, talking over them and pushing them to plead guilty – despite protestations to the contrary. The evidence is damning for this branch of the legal profession – and tragic for the clients who depend on them. What is responsible for this malaise…inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book is intended to show the profession that there is a problem – one that could get worse unless they choose to learn from the mistakes made by the lawyers in this study.

Table of Contents

Chapter One – Access to Justice and the Lawyer–Client Relationship 

Chapter Two – Investigating the Reality of Legally Aided Criminal Defence 

Chapter Three – Attitudes 

  • What Lawyers said about Attitudes 
  • What I saw on Attitudes 
  • Attitudes 

Chapter Four – Behaviour 

  • What Lawyers said about Behaviour 
  • What I saw on Behaviour 
  • Behaviour 

Chapter Five – Outcomes 

  • What Lawyers said about Outcomes 
  • What I saw on Outcomes 
  • Outcomes 

Chapter Six – Some Concluding Thoughts: Access to Justice and the Lawyer–Client Relationship Revisited

About the Author

Daniel Newman is a lecturer at Cardiff Law School.

Reviews

“[S]uperbly researched and edited, drawing upon a wealth of studies and, more importantly, on countless interviews with lawyers on the subject of their representation of individuals who have received legal aid...Recipes for success are found in each chapter and prescriptions for a healthy professional and personal life abound...” –  Gilles Renaud, Deakin Law Review, Volume 19(2)

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