| 167. |
In many systems,
lawyers provide some degree of pro bono advice or assistance but help need not come
exclusively from legal professionals. Bodies like Citizens Advice Bureaux, staffed by
non-professionals, can develop detailed knowledge and experience in areas where advice is
commonly sought (such as in relation to employment, housing or family disputes) and may be
able to give effective assistance and advice in such areas or to refer litigants to other
appropriate agencies for help. Lord Woolf recommended that space be allocated for
permanent advice centres manned by such bodies to operate in the busiest courts. (Note 124) |
|
|
| 168. |
Where the resource of
free legal advice or assistance is available, the question tends to arise as to how it
should most effectively be used. "Unbundled" assistance has been discussed. As
mentioned below, it may be that such advisers would best be deployed in some mediatory
role rather than in what may be an inadequate attempt at helping litigants in person mount
or defend an action in the formal legal system. |
|
|
| 169. |
In Hong Kong, a Free
Legal Advice Scheme (FLAS) is operated by the Duty Lawyer Service, a service funded by the
Government and managed and administered jointly by the Law Society and Bar Association.
The Duty Lawyer Service also operates the Duty Lawyer Scheme which provides representation
in Magistrates Courts in relation to certain criminal offences and the Tel-Law Scheme
which provides information on legal issues. |
|
|
| 170. |
The FLAS is manned by
volunteer lawyers who have increased in number from 100 in 1978 to 754 in the year 2000. (Note 125) Services are provided at seven different locations,
usually once a week but in one case, twice a week. Advice is restricted to cases not
excluded by certain criteria (Note 126) and is mostly sought on matrimonial matters. However,
during times of economic downturn, advice was commonly sought on property and commercial
disputes. Landlord and tenant, employment, estate administration, personal injury and
criminal matters also featured as areas where advice was sought. (Note 127) |
|
|
| 171. |
This appears to be a
successful scheme for providing general legal advice. The Margaret Ng Legco Office Study
reports that in 2000, some 5945 advisory sessions of some 25-30 minutes each were held. (Note 128) However, the Scheme is not designed specifically to
assist litigants in person and makes no provision for assistance with any litigation in
progress or to be initiated. Room therefore remains for pro bono or publicly funded
assistance in that quarter. (Note 129) |
|
|
| 172. |
A more recent scheme,
launched on 1 June 2000, is the Bar Association's Free Legal Services Scheme. This is more
directly related to assisting unrepresented litigants. Its stated purpose is "to
refer those with deserving cases who are unable to obtain Legal Aid and not able to pay
for the legal help they need to members of the Bar who can advise and represent
them." (Note 130) It its first 6 months, it received 130 applications, from
which 9 applicants received assistance. Although in its infancy, this Scheme is obviously
a welcome development, with some 86 barristers, including 8 Senior Counsel, having joined
the panel. (Note 131) |
