Defending the guilty

Funding for non-profit organisations that lack in-house counsel usually comes from charities,private donors,the federal government and some local and state governments. Then there is the Legal Services Corporation LSC,which came into force in 1974. The finances for this highly controversial system of providing federal funding for legal aid services has fluctuated dramatically over the past three decades depending upon which political parties were in control of the White House. Organisations that take LSC money tend to have more staff and services and can help more clients,but must also conform to strict government regulations that require careful timekeeping and prohibit lobbying and class actions. Therefore,many legal aid organisations refuse to take LSC money and can continue to file class actions and directly lobby legislatures on behalf of the poor.

Australia

With federal,state and territory jurisdictions,the Australian Commonwealth and state and territory governments are each responsible for the provision of legal aid. For both Commonwealth and state matters,aid is primarily delivered through state and territory Legal Aid Commissions LACs 8211; independent statutory agencies,established under their respective legislation. LACs use a mixed model to provide legal services. Cases may be assigned to either a salaried in-house lawyer or referred to a private legal practitioner. This is particularly beneficial for providing services to clients in regional areas and in cases where a conflict of interest means the same lawyer cannot represent both parties. Most state and territory governments also fund community legal centres,which are independent,non-profit organisations providing referral,advice and assistance to people with legal problems. Apart from this,the Australian Government funds financial assistance for legal services under certain statutory schemes and legal services for Indigenous Australians.

England and Wales

In England and Wales,legal aid is available for most criminal cases and many types of civil cases too. However,there are exceptions including libel,most personal injury cases and cases associated with the running of a business. As far as criminal legal aid is concerned,it is generally provided through private firms of solicitors and barristers in private practice,with public defenders being in limited number. In civil matters,aid is also provided through non-lawyers working in law centres and non-profit agencies. In England,the Access to Justice Act 1999 and supplementary legislation guides the provision of legal aid to citizens. The European Courts have also ruled that a lack of legal aid may be a breach of the right to a fair trial.

Scotland

In Scotland,legal aid is,in principle,available for all civil actions in the Court of Sessions and Sheriff Court with the cases of defamation being the significant exception. It is also available for some statutory tribunals,such as the Immigration Appeal Adjudicator and the Social Security Commissioners. Besides,there is a separate system of criminal legal aid where more than 90 per cent of summary applications are granted. Assistance is also available for anyone who wishes to seek legal advice. It is means-tested and practically available to less than one-quarter of the population in Scotland.

Canada

While the Canadian Bar Association has recently raised complaints about the under-funding of legal aid programmes in the country,the federal government currently contributes about 80 million a year to provide defence services to those who cannot afford to hire lawyers. Legal Aid Ontario LAO,which claims to provide funding to more than one million Ontario residents who need legal help,is viewed as one of the better systems in the country. Ontario has primarily two ways of providing legal aid the legal aid certificate programme and the community legal clinic system. In the former,low-income people are provided with certificates for a fixed number of hours of service to be provided by a private lawyer. After completion of proceedings,those private lawyers foot their bills to the LAO who pay them for their services. In the latter set-up,Ontario has about clinics that provide information,representation,and advice on various legal issues,including social assistance,housing,refugee and immigration law,employment law and human rights. Each legal clinic which has as its members lawyers,community legal workers and even law students is run by a volunteer board of directors comprising of members from the community.

Afghanistan

In a joint project since 2003,Canadas International Criminal Defence Attorneys Association ICDAA and the International Legal Foundation-Afghanistan ILF-A have been providing legal services to the indigent in Afghanistan. In the words of the Canadian Government,five offices have been opened so far to help instill a culture of criminal defence advocacy in the Afghan legal community by promoting progressive legal-judicial reform,curbing corruption,reducing instances of arbitrary and illegal detentions,and safeguarding fair-trial standards. ICDAA and ILF-A,with hopes of engaging the Afghan Ministry of Justice,are planning to establish a nationalised legal aid provider that can operate independently.