A critique of the technical and structural flaws in the legal aid scheme: and an analysis of the proposals for reform contained in the legal aid act 1988

Abstract

The critique of the Legal Aid scheme is on two levels. Firstly ‘technical’ problems are discussed. It is in the nature of these problems that they can be resolved within the present structural arrangement of the scheme. The administrative procedures, use and coverage of the scheme are examined, taking into account the view point of the consumer. Privately paying and legal aid clients are compared in terms of the quality of the service they receive, solicitors’ attitudes to them, and the differing nature of the problems of poor people. The argument then concentrates on the 'structural’ defects of the scheme, avoiding the minutiae of its workings. The proprietry of a scheme created to provide legal services to poor people through solicitors in private practice is questioned. The legally orientated theory underlying the Legal Aid scheme is contrasted to social and consumer based theories, and to the practical model of the American Neighbourhood Law Firm. Empirical research is used to highlight the deficiency in the distribution of private practice solicitors to meet the needs of the poor; and the compensatory role of advice agencies in providing the relevant legal services to them. The Legal Aid Act 1988 is subjected to a close analysis with particular emphasis on the Lord Chancellor's powers, and the creation of the Legal Aid Board. The role and agenda of the Board, and future of the Legal Aid scheme are considered by outlining and examining the proposals contained in the preceding White Paper. Conclusions are drawn as to the possible results of the Act, and its value in relation to the previous critique of the Legal Aid scheme.