Examining The Complicated Scope Of Legal Aid Systems - Free Essay Example

Sample details Pages: 7 Words: 1967 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Legal aid helps with the costs of legal advice for people who cant afford it. If anyone needs help with the costs of legal advice, he can apply for legal aid. Whether he will receive it depends on: the type of legal problem he has; his income (how much he earn) and how much capital (money, property, belongings) he has; whether there is a reasonable chance of winning his case and whether it is worth the time and money needed to win. Don’t waste time! Our writers will create an original "Examining The Complicated Scope Of Legal Aid Systems" essay for you Create order The legal aid scheme was set up after World War 2 by the Legal Aid and Advice Act 1949  [1]  in UK. The Legal Aid system was mainly introduced to help people who otherwise would not be able to afford it, to gain access the courts. It therefore enabled them to get a fair hearing and resolve legal problems. Legal Aid is central to a society based on social justice. It is there to help everyone who really needs it. And by reducing discrimination based on a persons financial standing, it enables fair access for all to the courts. We have to remember that before Legal Aid was introduced, many people could not afford to get the protection of our legal system due to the high costs involved. Thus, the aim of the Legal Services Commission  [2]  is to make quality legal aid accessible to everyone thereby ensuring effective delivery of justice and legal advice. The aims and objectives of it are, help people to resolve their legal problems as soon as possible make it eas ier for people to get legal help especially if they belong to a disadvantaged group help people find alternatives to going to court Provide a high quality legal service. HISTORY OF LEGAL AID SYSTEM Prior to Access to Justice Act (AJA) 1999  [3]  in UK, legal aid service was based upon demand laid system. The system became increasingly expensive to run while catering for fewer and fewer people. In 1950, 80% of the community was covered by legal aid provision. In 1998, the provision of legal aid had fallen to less than 40%  [4]  . From the mid 1980s, various Lord Chancellor tried to reform the system. Their task was made acute by the fact that expenditure on legal aid doubled to  £1.4 billion over a four year period to 1995. A variety of reforms were attempted. Payment systems were changed, eligibility criteria revised and control shifted from the Law Society to the Legal Aid Board (Legal Aid Act 1998)  [5]  . In 1997, Labour government suggested that there might be a change in the direction of legal aid policy  [6]  . A number of the changes have been made by the Children Act 1989  [7]  and the Courts and Legal Services Act 1990  [8]  . In 19 93, two significant changes were made. Standard fees for criminal legal aid in the Magistrates Courts were introduced and the practice of franchising was initiated. However, over the past seven years, the cost of civil and family legal aid had tripled which meant; the taxpayers were paying more and getting less in return. The problem was not simply the rising costs. As fewer people were becoming eligible for legal aid, it would appear that expenditure was not accompanied by an increase in value for money. Therefore, in 1996, Lord Mackay capped the legal aid budget  [9]  . CHANGES AND ADVANTAGES IN LEGAL AID SYSTEM Following the Access to Justice (AJA) Act 1999, there had been many changes in legal aid system in UK. Access to Justice (AJA) Act 1999 established a Legal Service Commission  [10]  (LSC) to maintain and develop the Community Legal Service  [11]  (CLS), replaced of civil legal aid and Criminal Defense Service, replaced of criminal legal aid. Section 5 of Access to Justice Act (AJA) 1999  [12]  provides the budget for the Legal Service Commission (LSC) to maintain the Community Legal Service (CLS) fund. The Legal service Commission (LSC) funds these services by entering into contracts with solicitors by way of a franchise. The main aim for introducing the franchise scheme was to secure value for money. Therefore, if solicitors feel that there are few chances of success in a case, they are deterred from expending money given to them by the Legal Service Commission (LSC). Thus, this leads to effective fund management on the part of the solicitors. Those who are in eligible for public funding, have to pay privately for legal services and this can be expensive. For this reason, the Lord Chancellor has developed the Conditional Fee Arrangement (CFA), which is a no win, no fee basis  [13]  . It was introduced by the Courts and Legal Services Act 1990 and was extended recently by the Access to Justice Act (AJA) 1999. However, it does not apply in criminal case, family case etc. Under the Access to Justice Act (AJA) 1999, not only the court can order a losing party to pay the costs and success fee to the winning party, but it is also possible, by virtue of Section 29, Access to Justice Act (AJA) 1999  [14]  , to ensure against losing a case, which if won, the court may order the losing party to pay the cost of the insurance premiums. The Criminal Defense Service  [15]  (CDS) was established under Section 12 Access to Justice Act (AJA) 1999  [16]  for the purpose of securing those individuals who are involved in criminal in vestigations or criminal proceedings. They have access to such advice, assistance and representation as the interests of justice require. It is funded in a similar way as Community Legal Service (CLS), by the issue of franchise contracts, grants or loans or through the establishing and maintaining of advice and assistance bodies. Moreover, a duty solicitor scheme, which is free, is available to those people who are arrested and held in custody at a police station. LIMITATIONS OF ACCESS TO JUSTICE ACT (AJA) 1999 However, despite the above, the legal aid service is still not very effective. There are lack of commitment and poor communication from the lawyers. Community centers and Law centers are more effective in providing help and assistance. There are lack of advisers in areas like social security, housing, disability discrimination, employment and immigration. There is a distinct problem of Access to Justice in certain where there are no solicitors who do publicly-funded work. Even, those solicitors who do publicly-funded work cut back on the number of cases they take on due to low rates of pay. Beside, the statutory charge may mean that a claimant may have nothing left even though he/she has won the case. CARTER REVIEW In 2006, Lord Carter, in his review, drew attention to the need to continue reforming legal aid  [17]  . The review was concerned with the design of an efficient procurement system that also contained quality guarantees. Thus, it was based on the notion of an open and responsive market. The review argued that cost increases because of systematic weakness in the way legal aid services are procured and therefore, inefficiencies increases in the way the services are delivered. The Carter review recommended that fees should be paid on a fixed or graduated scale. However, fixed fees will impact negatively on advice, particularly in more complex cases. This will eventually result into work being done by para-legals and less qualified advice workers. Some research available to Carter Review suggested that whereas small firms could provide criminal legal aid in an efficient manner, larger firms were not able to do the same. This would suggest that further research would be required on the impact of reform as it might drive out of the market those very firms that were best suited to provide value for money in provision of legal service. LEGAL AID SYSTEM IN BANGLADESH In an underdeveloped country, majority of the population are poor and illiterate which makes legal aid a necessity to uphold human rights and equality. The Government took formal initiative for enacting legal aid laws only in 1994. However, in 1996, the resolution of 1994 was repealed because it was found that only handful of litigants actually received legal aid from these governmental initiatives. It was in 2000 when the Government in assurance of financial cooperation by the Canadian International Development Agency (CIDA) made an imitative to provide legal aid to indigent litigants. The Government passed the Aingoto Sohoyota Prodan Ain 2000 (Act No. VI of 2000)  [18]  which provides legal mechanism and access to legal aid throughout the country. The main aim of enacting the Act is to provide legal aid to the people who are unable to get the justice due to financial crisis or due to different socio-economic reasons. The NGOs has played a crucial role in providing legal ai d support to the aggrieved in Bangladesh  [19]  . Among these NGOs, Ain o Sailish Kendra (ASK)  [20]  , Bangladesh Legal Aid and Services Trust (BLAST)  [21]  , Madaripur Legal Aid Association (MLAA)  [22]  and Bangladesh National Women Lawyers Association (BNWLA)  [23]  are playing leading role in providing legal aid. Despite of the access to legal aid in Bangladesh, the Aingoto Sohoyota Prodan Ain 2000 has some flaws. They are, The Act does not specify cases for which legal aid can be provided. The process of consideration of application can be identified as a source of delay. In comparison with the number of legal aid seekers, the number of meetings held to consider these application falls short of requirement. The accountability of members of the Board and Committee are not ensured in the Act. The procedure of the selection of the application is not clear in this Act. In the Upazilla and Union committees, the inclusion of Chairman and 14 other members makes the system more complex. By section 26 of this Act, the govt. repealed the previous Legal Aid Committee formed under the Resolution 74-Law/1997  [24]  and seized all funds of that Committee but the fate of the applications and cases pending in the Courts have not been clarified. NGOs as an organization with expertise in the delivery of legal services to the poor are in good position to give direction to the governments effort. Therefore, the NGOs can play a proactive role in implementing the legal aid programme by, Conducting as survey to assess and identity the specific areas of human right violation. Make the government answerable to dire situation of poor who cannot access the law. Bringing into notice the gap between the inadequacies of law and practice of the government legal aid and persuading the government to take remedial measures. Putting pressure on government by public interest litigation where government fails to respond to the need of the poor for legal aid. Making  the poor aware of their rights which the law of the land guarantees. Promoting social dialogues and literacy programme to uphold the importance of legal aid. Assisting government programme by to providing expertise on concerned issues. CONCLUSION Implementation of legal aid act in both developed and underdeveloped countries indicates governments willingness to serve the poor. However, the government must also ensure that the act is regularly reviewed to address loopholes. The Government should follow a strategy of continuous improvement. In order to judge the success of reforms in legal aid provision, it is necessary to first establish a set of criteria against which it will be evaluated. These criteria should be set by the Government officials, Judges, and Legal Aid experts. Few criteria that could be used to evaluate the system are given below. Administrative efficiency with focus on the procedural aspects of legal aid applications. Easy access to the courts irrespective of claimants or defendants financial means. Initiative to create awareness in rural areas, especially in under-developed countries. Effect of legal aid on tax payers. It is also essential to have accessible legal aid services beyond the gov ernment organizations. An active partnership between and NGO and a government agency can play a very significant role in social service delivery. They compensate for each others weaknesses and deficiencies. However, the government has to balance the needs for legal aid with the pressuring needs of other social services such as healthcare and education.

Writing Is A Fundamental Aim Of Education - 943 Words

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Ethical Dimensions of Preparing Two Financial Reports free essay sample

Ethical dimensions of financial accounting with respect to keeping of two sets of records, one for internal purposes only and the other for internal taxation purposes. Financial accounting, as stated by Garrison, is concerned with providing information those people outside an organization. This includes preparation of financial reports showing the company’s past financial performance which will be the basis for additional investments for stockholders, capacity to pay off loans for creditors or banks, imposing correct government taxes as mandated by law, etc. Financial reports, therefore, should be done accurately and with utmost truthfulness to avoid misconstruction due to omission or misstatement as stated in the International Federation of Accountants Code of Ethics. However, there are some who do not conform to this Code. Some companies practice preparation of two sets of financial reports at the end of the fiscal year, one for internal purpose and the other to be used and submitted for internal taxation purpose. We will write a custom essay sample on Ethical Dimensions of Preparing Two Financial Reports or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Usually, if the company would like to attract additional investments from its stockholders, incomes are bloated.On the other hand, to avoid paying high taxes or even pay no taxes at all, financial statements are manipulated to reflect a lower or negative net income, which will be the basis for the computation of the taxes to be paid by the company. Whether for stockholders or for taxation, I strongly condemn such practice. This does not only violate the Code of Ethics of IFAC, such practice, if done continually, could even be a start of the eventual downfall of any company due to loss of its credibility and integrity. Thus, there exist major financial scandals that lead to collapse of business giants like what happened to ENRON. Further, leaders of the company may suffer from huge penalties or even jail terms, if found guilty of violating the code. Sadly, our country’s system on taxation and how the government use, or should I say, misuse collected taxes opens a lot of controversies and issues, which is being used by some companies to justify the practice of preparing a different financial report for taxation purpose.Corruption and issues on tax evasion by big companies are only a few examples why some companies validate this act. Corporate governance, as they say, should start first with the government, ethical behavior should be practiced first by our government leaders. This is the main campaign of incumbent President PNoy. The Code of Ethics on Integrity Rules states: â€Å"A member must not make, prepare, or certify, or permit or direct another person to make, prepare or certify, any statement which the member knows, believes or ought to

Employee Relationship and Planned Change System

Questions: TR Ltd is a medium sized manufacturing company. Its Board of Directors have been concerned about output and efficiency levels, and recently reached a decision to radically reorganize the assembly division in pursuit of increased efficiency. The following is an extract of a conversation which occurred between the Managing Director (MD), Finance director (FD), Human Resources Director (HRD) and the Production Director (PD) after the latest Board meetingMD: Well, its been a long process, but at last I think were ready to roll things out.FD: What amazes me is how weve been able to keep this quiet from the staff no one has any idea what is about to happenMD: It shouldnt bother them too much, after all in the present environment they should be happy just to have a jobHRD: With respect, Sir, I think some of the assembly line workers may be very concerned, after all they will be moving to new contracts of employment, on lower pay scalesMD: Nonsense, this move safeguards the future of the com pany and their jobs. A bigger, more successful company will provide opportunities for promotion and advancement in the future The situation is a winner for everyone What do you think John?PD: I still have some concerns that we havent fully understood the assembly process the work which the assembly line actually performsMD: Of course we understand the process; we have analysed all of the production statistics, weve consulted with industry experts and the company which manufactures the assembly equipment, weve studied the system in operation elsewhere we fully understand all the technical aspects of how the system will work!HRD: Technicalities are only one part of it work teams will be broken up, jobs will become simpler, more repetitive the team leader grade disappears Staff may not like itMD: I dont employ them to like it, I employ them to do the job which they are told to do! Do you foresee problems with the staff?HRD: It is possible a lot will depend on how we actually roll out the changesMD: Thats all in hand. Everyone will receive a letter with their next pay slip detailing the new salary scales and terms and conditions of employment, including their new duties. The start date will be 1 October, and thats non-negotiable.HRD: Have you considered what we should do if the staff do not cooperate with the new system?MD: Thats simple well discipline or dismiss anyone whos not willing to go along with it! Only three things matter efficiency, sales and profit. Questions:1. (i) With reference to both the case AND the relevant literature, discuss whether staff are likely to resist the planned changes; use your answer to identify the reasons for resistance to change. (50%)(ii) The Managing Director clearly advocates the use of coercion to overcome any resistance which might occur. Through reference to the relevant literature critically evaluate the full range of measures which are available to management in attempting to overcome resistance. Illustrate your answ er through reference to the case study scenario. (50%)2. Through reference to the planned change literature, recommend a model of planned changed which TRs management could have used in implementing the changes. Critically evaluate the advantages which the use of such a model would bring to the situation. Answers: Introduction Changes are inevitable for the business success. The process followed by the companies to introduce changes within the organization, depends upon various reasons. Changes are introduced for reducing the operational expenses, improve the productivity for the company, and increase the profit earning margin. The need for brilliant concepts for implementing organizational changes has been increasing. However, the changes planned by the company in the operational activities and cost reduction can be resisted by the staffs. This report has been prepared on the TR Limited Company. The management of the company has proposed to reduce the operational expenses by reducing the pay structure of the staffs. However, the changes were not informed to the employees of the company (Aldrich, Ruef, 2006) Relevance of the change management system within the company Due to turbulent economic condition, it has become imperative to introduce planned organizational changes. Implementing changes within the company is a complex task, and the negative impact related to the same needs to be analysed well in advance. Changes can positively affect the staffs, clients, stakeholders, and others involved with the company. Thus, planning has to be done, before implementing the desired changes within the management. Any changes that can negatively impact the willingness of the staffs to work for the company have to be evaluated. This would help the management to work on an alternative solution through which the problem can be resolved. Sustainable change has to be related with the behavioural changes that impacts the business performance (Bagozzi et al., 2002). Staff resistance to the planned changes The company has proposed to introduce changes with the current pay structure for the staffs. Proposed changes would be informed to the employees at the time of the next pay. This would be done by sending the employees a letter that would state the changes in the pay structure, along with the new designated job. As per the HRM department, the staffs would resist the changes as it was had impacted the earning ability of the individual. However the management of the company wasnt willing to agree with the terms of the staffs. This was because; the management had aimed to improve the profit earning margin for the company (Balogun, and Hope Haily, 2004). Resistance of the staffs Changes having a negative impact on the staffs are not usually accepted by the employees of the company. Majority of the staffs are against the change process, as it can affect the performance and other factors. Thus, the management has to draft effective policies through which the changes can be accepted by the employees, with less resistance. For this, it is essential to improve about the proposed changes, along with its impact. In this process, the change management programme needs to be planned and implemented in an effective manner (Bruhn et al., 2001). Reduction in the pay structure or change in the job structure can affect the productivity of the employees. This would then affect the production plan for the company. Thus, it is necessary for the management to introduce an effective plan through which the required changes can be introduced within the company. In this process, the management has to communicate the factors related to changes with the staffs. This is also done with an intention of preparing the staffs to accept the proposed changes by the management. Some of the factors or behaviours associated with the change resistance have to be analysed by the managers. This would help in drafting plan for resisting the plan prepared by the management (Buchanan et al., 2005). Experts believe that staffs resist changes regardless of the nature for the change. In this case, it is imperative for the management to highlight the factors or benefits associated with the change factors. Every change is viewed by the staffs to be a risk, and this is one of the reasons for resisting the changes. The differences can be overpowered through reliable and clear communication. Through this process the management can discuss the reason for introducing the changes, the method that would be followed, and the impact about the changes. Thus the sources for resistance for changes have to be analysed. The anticipated objections needs to be analysed, and corrective measures to reduce the same has to be implemented (Burke, 2002). Literature review As per Burke 2009, there are 7 important steps that need to be analysed for implementing changes within the company. In this method, it is essential to mobilise different resources available with the company by identifying the problem associated with the operational activities. In this case, staff resistance is one of the major concerns that can affect the business performance. Thus, the management need to find a positive solution to solve the issue and find the best solution. Effective communication about the reason for introducing the changes and the benefits associated with the same for the company and the employees needs to be informed to the clients. Through effective communication process, it is possible to develop a shared vision between the company and the employees of the company. This would enable the management to find the best solution through which the required changes can be introduced (Burnes, 2004). The process for communication has to be simple and effective, and this can be done through effective leadership skills. The changes in the policies, rules, and structures have to be planned and implemented by the management. Such changes have been proposed to introduce required changes through which the productivity for the company can be improved. The management of the company has to plan the steps that would have to be followed for introducing the changes. This could be done by introducing the changes in a particular department or the whole company. Such a decision is quite important as it would help the management in analysing the challenges and finding a perfect solution to the existing problem. The stages involved in the method for the change process has to be analysed and the same needs to be monitored. This would help the company in finding the perfect solution through which the issue could be solved (Cialdini, 2009). As per Darnton 2009, the theory associated with the planned change has to be implemented after evaluating different factors like the existing strategies, structures, staff reactions, and others. Through such understanding it is possible for the managers to adopt and implement an effective approach that would be helpful in implementing the changes. The factors related to the barriers or the facilitators needs to be identified. Some of the barriers are Resistance of the staffs Improper plan for implementing the strategies for introducing the changes Unexpected challenges faced by the management at the time of introducing the changes (Doyle, Claydon, and Buchanon, 2000) Motivational factors are Highlighting the benefits associated with the introduction of the changes Benefits to the company (Elrod II, and Tippett, 2002) Changes are planned and introduced by the company to improve the organizational development process. Through this method an effective framework for improving the thinking process related to the changes are analysed. In this process, the system and the steps that would be followed for introducing the planned changes has to be analysed. Through this method, the management would be able to analyse the impact of changes on various departments that functions within the company (Fernandez, and Rainey, 2006). Psychological contract In this process the belief of the individual related to the terms or conditions required for exchanging and maintaining relationship with the staffs has to be analysed. Management introduce changes for reducing the cost for the operations and expanding the business. However, such changes are viewed negatively by the employees of the company. Employees fear of losing jobs or reduction in the pay structure. These are some of the major reasons that affect the performance and productivity for the company. In this case, it is suggested for the company to maintain positive and ever-lasting relationship with the staffs. This is done by constantly discussing with the staffs about the proposed changes, and the mission of the company. In the psychological contract method, the company work towards Securing the staffs and their interest (Oreg, 2003) Develop strategies for proper work-life balance Provide flexibility Reward for the loyal services Through such process, the management of the company attempt to maintain positive and ever lasting relationship with the staffs. It is necessary for the management to treat the staffs equally, as this would enable the company to encourage the staffs to improve the productivity of the organization. Regardless of the changes proposed to be introduced by the company, it is necessary to ensure that the staffs work towards the objective achievement for the organization. This can be done by building positive relationship with the staffs. Negative factors can directly impact the wiliness of the staffs from various department of the company to work towards the goal achievement (Todnem, 2005). Factors affecting the resistance to change The changed proposed to be implemented by the company is expected to be resisted by the employees. In this case, the staffs or human undergo through 5 different stages, which are 1. Denial - The staffs of the company are bound to deny the proposed changes. This is because, the staffs fear about losing the benefits that has been provided to the members.2. Anger Changes are unacceptable for majority of the staffs. This is one of the reasons; the employees express anger or negative aspect about the proposed change.3. Bargaining - In some cases, the staffs of the company attempt to bargain with the management. This is being done with an intention of negotiating with the management (Turnley et al., 2000).4. Depression - The proposed changes can cause depress the staffs, especially the ones who are not willing to change jobs. Such depression can affect the work ability of the members.5. Acceptance - The propose changes and the benefits associated with the same are explained effectively to the members. This would increase the possibilities of acceptance of the changed planned proposed by the management. The challenges associated with such factors can be resolved by the management through effective communication. During this period the staffs needs to be provided with the required support that would encourage the members to work towards the goal achievement. Apart from this, the proposed changes need to be informed by the management well in advance. Immediate change with the pay structure can negatively affect the performance of the company and the staffs (Wiggins, 2008). Breakdown model for change The proposed changes can be broken down into simple and effective steps by the management. This would enable the management of the company to analyse the changes, and its impact on the production activities. In this method, it is possible for the management to inform about the changes and analyse the impact of such changes on the employees of the company. The differences noticed have to be worked upon, as this will not affect the performance of the company. Through the breakdown model, the company attempts to analyse the challenges that is bound to be faced with different departments. This would help in analysing the challenges and implementing an effective step through which the issues can be solved. With the help of such planning, it is possible for the management to overpower the factors related to resistance. At first, the reason for introducing the changes needs to be communicated with the members. The resistance or the factors affecting the productivity for the company has to b e analysed. This will help the management to continue with the production activities, despite of the proposed changes. TR can adopt the policy through which the proposed changes related to the management can be interacted with the members well in advance. Through this method, the changes can be implemented on a timely manner (Todnem, 2005). Conclusion Change management is quite an important factor. The reasons impacting the performance of the members or the staffs to accept the change has to be analysed. This would help the management in introducing the required changes through which the resistance can be minimised. It is essential to introduce the changes after analysing the benefits associated with the proposed changes. Benefits and challenges related to the same have to be communicated with the members. This has to be done to improve the relationship between the staffs and the management of the company. References Aldrich, H. E., Ruef, M. 2006. Organizations evolving, 2nd ed. Thousand Oaks, CA: Sage Bagozzi, R., Gurnao-Canli, Z., and Priester, J. 2002. The Social Psychology of Consumer Behaviour. 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