Free Legal Services Research Articles

A Novel Method for Identifying Patients with High Risk of Litigation in Plastic Surgery: Introducing the FATIMA Acronym.

In recent years, there has been an upward tendency in the number of claims against Plastic Surgeons in some countries, while remaining among the most litigated specialists worldwide. Identifying the most frequent traits in Plastic Surgery claimants could aid surgeons in performing better patient selection and avoid liability. The three main legal databases in Spain were consulted for Plastic Surgery litigations in Spain over a five-year period. Data from the plaintiffs, defendants and judicial processes were collected. In addition, expert witnesses were interviewed and data from the main medico-legal association in Spain was collected. This data was contrasted with the available literature regarding litigation in Plastic Surgery worldwide. A total of 199 court resolutions were analyzed, two expert witnesses were interviewed and "The Patient's Advocate Association" of Spain was consulted. The most frequent traits observed in the plaintiffs were summarized in the acronym FATIMA that describes a Female patient using Antidepressants or Anxiolytics, presenting body Tattoos, suing after undergoing a breast surgery with the use of Implants, Middle-aged and with Access to free legal services. The use of the acronym FATIMA in the identification of patients with high risk of litigation in Plastic Surgery could aid surgeons in performing adequate patient selection and avoiding medical liability. This journal requires that authors assign a level of evidence to each article. For a full description of these Evidence-Based Medicine ratings, please refer to the Table of Contents or the online Instructions to Authors www.springer.com/00266 .

Uncovering community needs regarding violence against women and girls in southern Ethiopia: An explorative study.

Violence against women and girls (VAWG) is a significant global public health problem and a violation of human rights experienced by one in three women worldwide. This study explores community perceptions of and responses to VAWG and challenges in accessing support services among female violence survivors in Arbaminch City. We adopted a phenomenological explorative qualitative study design. A total of 62 participants including female violence survivors, religious leaders, service providers, police, women, and men in participated in interviews, focus group discussions, and observations in August 2022. Participants were selected purposively, and the findings were analyzed thematically. We applied data source and respondent triangulation to increase the findings' trustworthiness. Community perceptions of VAWG, specifically of intimate partner violence (IPV) and non-partner sexual violence (NPSV), varied depending on gender, age, and social position. IPV and NPSV were normalized through tolerance and denial by young and married men, while resistance to all forms of violence was common among women. Survivors of violence responded to the act of violence by leaving their homes, separating from their husbands, or taking harsh actions against their husbands, such as murder. Support for VAWG survivors was available through health care, free legal services, and a temporary shelter. Yet factors ranging from individual to societal levels, such as fear, lack of knowledge, lack of family and community support, and social and legal injustice, were barriers to accessing existing services. Nonetheless, violence survivors desired to speak about their experiences and seek psychosocial support. Our qualitative evidence gathered here can inform tailored VAWG prevention and response services such as interventions to shift social norms and the perception towards VAWG among different population group through raising awareness in schools, health care settings, faith-based venues, and using social media.

JUDICIAL ANALYSIS OF PROVIDING LEGAL ASSISTANCE TO THE POOR IN REALIZING ACCESS TO JUSTICE

This study focuses on the implementation of free legal services for individuals by the Legal Aid Office (LBS) and the Ministry of Justice, in accordance with Law No. 16 of 2011 on Legal Aid. According to Article 1 paragraph 3 of the Law, the Legal Aid Office is a legal entity or a community organization that provides legal services. The aim of this study is to understand the function and role of the Human Rights Commission as law enforcement officers and to comprehend issues related to the implementation of legal services. The research method employed in this study is normative legal research, utilizing primary and secondary legal sources. Material analysis in this research involves committee work that systematically categorizes legal materials to facilitate the analysis of the research work. The study reveals that the primary authority for legal services lies with LBS/Orkemas, which is authorized to verify and accredit the Human Rights Commission as a legal service provider. Furthermore, the study emphasizes the importance of understanding the function and role of the Human Rights Commission as law enforcement officers and underscores their crucial involvement in the implementation of legal services. The research also highlights that the main authority for legal services is vested in LBS/Orkemas, which has been verified and accredited by the Human Rights Commission as a legal service provider.

Access and Equity of Legal Support Services for Racialized Survivors of Sexual Violence

Existing research reveals that survivors of sexual violence (SSV) face barriers in reporting sexual assault, such as fear of the criminal justice process. These barriers are more complex for racialized SSV, whose unique needs and experiences may differ from White SSV. In order to increase accessibility of legal support for SSV, a project offering free legal services in Canada was developed to support survivors by providing them with the legal information necessary to make informed decisions about reporting. One of the primary goals of the project was to tailor services to racialized SSV in order to ensure equitable access to justice for this population. This paper presents the outcomes of these efforts from multiple stakeholders involved in the project’s implementation. Our findings reveal important considerations for what constitutes justice for racialized SSV, and the importance of centering them in the design and implementation of support services.

Peningkatan Kesadaran Hukum Masyarakat Desa Serangkat Melalui Edukasi Interaktif Mengenai Bantuan Hukum

Legal awareness plays a crucial role in law enforcement, especially in remote areas like Serangkat Village. The government has a direct responsibility to support the community there. The lack of legal awareness in Serangkat Village is due to the community's tendency to resolve legal issues based on local customary law, a lack of trust in law enforcement authorities, and concerns about significant financial consequences. The primary goal of this activity is to enhance understanding of the importance of legal awareness and introduce the Legal Aid program organized by the government for the community. This research uses a qualitative descriptive analysis method supported by field observations, planning, and implementation of activities. Legal Aid refers to free legal services provided by authorized institutions to individuals in need. The program aims to protect the constitutional rights of individuals and promote social changes that are fair. The results of this awareness campaign are evident through the community's understanding of the urgency of legal awareness and the availability of the Legal Aid Program provided by the government

​​EXPLORING THE EFFECTIVENESS OF LAW CLINICS IN ENHANCING ACCESS TO JUSTICE FOR LOW-INCOME INDIVIDUALS IN MALAYSIA​

Law clinics are legal service providers that offer free or low-cost legal assistance to lowincome individuals, typically through the participation of law students who are supervised by legal professionals. This study aims to examine the effectiveness of law clinics in providing legal assistance to low-income individuals in Malaysia and improving their access to justice. Using a mixedmethods approach, the study first analyzed data on the utilization of law clinics in Malaysia, including the number of clients served, types of legal issues addressed, and success rates in resolving cases. The study also conducted in-depth interviews with law clinic staff, clients, and legal professionals to gather qualitative data on the challenges and successes of law clinics in assisting low-income individuals. The findings indicate that law clinics have been successful in providing legal assistance to a significant number of low-income individuals in Malaysia, but face challenges in terms of funding and capacity. Despite these challenges, law clinics have been able to make a positive impact on access to justice for low-income individuals through the provision of free legal services and the development of legal literacy among clients. The study concludes that law clinics have the potential to play a vital role in addressing the legal needs of low-income individuals in Malaysia and recommends measures to further enhance their effectiveness.

Юридична клінічна діяльність: правовий та рольовий аспект

The article considers the issues of legal regulation and improvement of the system of legal clinical activity. The authors analyze the regulatory and legal framework for legal clinics. It is established that the purpose of legal clinics is, on the one hand, to ensure that law students acquire the necessary skills to provide legal advice and, on the other hand, to meet the public demand for access to legal aid. The authors focus on the problematic and role aspects of legal clinics and substantiate the expediency of their operation under martial law in Ukraine. The authors’ point of view on clarifying the content of the essential characteristics of the conceptual category “legal clinical education” is presented, and the expediency of its adaptation in the system of primary and secondary free legal aid provision by student clinicians is substantiated. The authors propose introducing legal practitioners who may be included in the list of lecturers-supervisors who ensure the provision of free legal services by student clinicians at the appropriate level into the system of management of legal clinical activities. The author’s vision of the content of the functional responsibilities of practitioners who will be part of legal clinics and will contribute to improving the qualification level of student clinicians is presented. Proposals are made to improve the system of legal clinical activities and the procedure for providing free legal aid by student clinicians. During the study, the authors used the method of systematic analysis and synthesis, systemic and structural, and comparative legal and formal logical methods, which allowed them to analyze the relevant legislation to propose a clarification of the content of the conceptual category “legal clinical education”, and to determine the content of the functional responsibilities of persons involved in the activities of a legal clinic. Keywords: legal clinic; legal clinical activity; law student; student clinician; legal clinical education; legal advice; legal clinic client; free legal service.

Preventive Legal Services for Kinship Care: Reducing the Need for Foster Care with Family First

This study examines the implementation of preventive legal services for kinship families within the Family First Prevention Services Act (FFPSA) service array. A university research team, contracted by the Title IV-E agency to evaluate the FFPSA programs, interviewed legal staff and kinship caregivers to understand how the provision of preventive legal services impacts the prevention-related needs of families. Findings suggest that the provision of free legal services can prevent children in kinship families from entering foster care by enhancing access to the services needed to ensure youth have legal membership in families that maintain their cultural and community ties. Future implementation should consider preventive legal services in the prevention service array, and how the referral mechanisms and systems of support surrounding kinship families can coordinate to ensure that more children can remain with their families.

Implementation of the Law on Notary Positions Concerning the Obligations of Notaries in Providing Free Legal Services in Tangerang City

This research wants to know the implementation of article 37 of the notary position law number 2 of 2014 concerning the provision of free legal services. Inhibiting factors and supporting factors. Types of sociological empirical research and field research. Examining normative legal provisions in society. Conclusion The implementation of providing free legal services to underprivileged communities in the city of Tangerang has gone well. Because in general clients come to the Notary with the need to transfer rights and obligations that have economic value, and the client's desire is only to reduce costs from those set by UUJN. The supporting factors are in UU-JN and the Notary Code of Ethics. In article 37 of UU-JN, it is mandatory and binding for Notaries to provide notarial legal services, namely providing them free of charge to underprivileged people. The inhibiting factor is the notary's need to earn a living and meet the operational needs of the office. In reality, there are no legal consequences for Notaries if they cannot provide free legal services. Requirements for determining the implementation of free services to underprivileged communities by Notaries in their work areas are not regulated in UUJN or the Notary Code of Ethics

PEMBATASAN KRITERIA TIDAK MAMPU YANG WAJIB DIBERIKAN JASA HUKUM CUMA-CUMA OLEH NOTARIS BERDASARKAN PASAL 37 UNDANG UNDANG JABATAN NOTARIS

Article 37 of the Notary Office law mandates notaries to provide services free of charge to people who are in economically disadvantaged conditions. That is, this eligible party is not required to pay a fee. However, there are currently no rules that clearly define the criteria by which the degree of incapacity is measured. Therefore, setting standards to identify groups of people entitled to free services becomes complex. This study raises the issue of how the limitation of the criteria for free legal services against the provisions of Article 37 of the Notary Public Act? and how is the implementation of the provision of legal services to incapacitated persons? using Hans Kelsen's theory of legal effectiveness and Gustav Radbruch's theory of legal certainty. The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. Based on the results of existing research, it was revealed that there are no official provisions that limit notaries in providing services to the underprivileged. This decision depends entirely on the personal ethics of notaries who are influenced by conscience, given their position as officials. In practice, notaries as usual serve all clients, including those in need of legal assistance in the field of notarization, with the notary's personal consideration of whether the free service is appropriate for the case at hand.

Reconstruction of Free Legal Services Regulations by Notaries

Notaries as public officials appointed by the authorities have the right and authority to make authentic deeds and get paid as a form of professionalism. Notaries are also obliged to provide legal assistance free of charge to people who can't afford it, but sometimes there are notaries who don't apply this. So that the purpose of this study is how to regulate the law on the provision of legal services free of charge by notaries to people who can't afford it and how to reconstruct regulations in the provision of legal services free of charge by notaries to people who can't afford it. The method used in this study uses normative research methods. So, the results of this study are first, the provision of legal services free of charge is mandatory, thus requiring a notary to provide legal services in the notary field free of charge to people who can't afford it. Second, Article 37 Notary Office Law has contradicted the values of justice that have been applied in the context of the 1945 Constitution Article 28D paragraph 2 which states that everyone has the right to get a job and get paid. So, it is necessary that the regulation on the provision of notary services for free can be regulated in implementing regulations and the regulation on the provision of free legal services is revised and reviewed, so that notaries have assistance from the government in the form of a budget to carry out the provision of legal services free of charge.

Implementation of Notary Services and Education In Providing Legal Services for Poor People Based on the Notary Office Act

The research aims to analyze the criteria for people who can't afford to get legal services from a notary. To carry out the obligation to provide legal services to poor people. Normative qualitative research methods will describe the phenomena occurring in the field. Data collection techniques by conducting interviews. Observations at the location to be examined, with focused and thorough research and discussion focus, on the occurred findings. As for the study of documentation in the archives regarding regulations and obligations as a notary. The results of the research are (1). They are providing educational services for underprivileged people to get free legal services from a notary to people experiencing Poverty, as evidenced by a Certificate of Inadequacy from the Kelurahan, based on the client's acknowledgment that he is truly incapacitated, seen from the legal actions brought by the client to the Notary, personal assessment of the Notary based on the client's attitude and behavior when facing. (2). Notaries apply the obligation to provide education and legal services to poor people by providing free legal service assistance for their notary services, based on Article 37 paragraph (1) of Law Number 2 of 2014. Concerning the Position of Notary, but still charges a fee that must be incurred by the client, such as the cost of Non-Tax State Revenue.

Peran Bantuan Hukum Bagi Masyarakat Tidak Mampu Oleh Pos Bantuan Hukum (Posbakum) Di Pengadilan Agama Bantul

The existence of Posbakum (Legal Aid Post) as one of legal aid services in Religious Court Bantul that has helped the community more particularly for the underprivileged community in the trial process by referring to PERMA No.1 /2014 on “the guidelines in giving the legal services for the underprivileged community”. However, whether the service of Posbakum has really applied PERMA in accordance to its enforceability such as giving service in making legal documents, legal advices, consultation, and information and the provision of socialization related to law firm is still questioning. This is a field research using the empirical juridical study approach. Based on the results, it was found that the position of Posbakum in PERMA No. 1/2014 was well enforced. The Religious Court bantul legal aid post as a provider of free legal services, such as providing information, consulting or legal advice, assisting in the preparation of required legal documents. Because people who arrive at Posbakum get free legal services, both from consultations to making the required legal documents. During the Covid-19 pandemic, Posbakum continue to provide services online or offline with implementing health protocols, namely: Implementing physical distancing, Obligation to wear a mask, Urge to wash hands, Installing a transparent hijab, Limiting service hours. So that judicial process and services to justice seekers can still run according to the procedure.

Peace and Conflict Transformation Through the Clinical Legal Education Programme

Clinical Legal Education came to Nigeria, first, as a solution to remedy the effects of epileptic access to justice and, further, to develop law students’ professional skills through rendering free legal services to indigent members of society. It was not received into the Nigerian legal pedagogy without some level of resistance, however with consistent lobbying it was eventually incorporated. The Clinical Legal Education program began with just five pilot university law clinics to implement the components of Clinical Legal Education. Despite this relatively small number, the program was able to satisfy its immediate objectives, pending other universities that could not resist the need to benefit from the program inculcated it into their legal pedagogy. Consequently, Nigeria now has 21 active university law clinics rendering free legal services to indigent persons and teaching community members about their legal rights. Offering free legal services and educating community members about their legal rights are not the end of the benefits of Clinical Legal Education. There are many other benefits that are derived from the Clinical Legal Education program and in this paper, as way of just one example, I examine the ways in which clinical legal education is helping to curb communal violence.

Judicial Contribution for Victim Justice & Rights: An Overview

With the goals are to develop security and Rights of victims as well as justice to victims and improve to positive attitudes with criminal justice system. The present study focused on the legal services to Sagar district of Madhyapradesh and on the basis of findings, suggested some ways and means to update free legal services as contribution of criminal justice system.

Peran Dan Tanggung Jawab Organisasi Bantuan Hukum Dalam Memberikan Akses Keadilan Secara Prodeo Di Daerah Istimewa Yogyakarta

Legal aid is a crucial instrument in the justice system as it serves the part in the protection of human rights for every citizen, including people who cannot afford it. This study examines and analyzes the roles and responsibilities of legal aid organizations (OBH) in providing access to justice for free legal services in the Special Region of Yogyakarta (DIY), as well as the obstacles that occur in providing the free legal services. The type of research used is empirical juridical, supported by primary, secondary and tertiary data sources. The method used comprises of sociological, statutory, and conceptual approaches. The results of the study concluded that the role of OBH in DIY in providing free legal services has been carried out in accordance with the provisions of the law. The procedure for providing legal aid on a free basis is still based on several requirements, including that the applicant must apply for legal aid on a free basis, including a Certificate of Disadvantage (SKTM) from the village administration. The provision of legal assistance by OBH is carried out through litigation and non-litigation. There are two responsibilities of OBH in providing legal assistance on a free basis, namely responsibility to institutions/foundations and responsibilities as an advocate so that in providing legal assistance must be professional. Obstacles faced by OBH are both in juridical and non-juridical barriers.

Intersectionality and Gendered Criminal Justice in South Asia: The Case of Pakistan

This study analyses intersectional perspective in relation to criminal legal justice in Pakistani society - a South Asian country with more than 220 million population. By drawing on insights from the women inmates and a criminal lawyer through qualitative interviews, the study probed the encounters of these women with criminal legal system and society. These women were incarcerated in drug-related offenses, murder, injury, and sex work. The study has found that social status identity (e.g., education and income), religious and gender identity of the women inmates experience the negative stereotyping, inadequate legal support, and discrimination in men’s dominated criminal justice system of Pakistan. The religious identity of the women inmates further overlaps in the legal system which can increase their vulnerability for discrimination in the criminal law that specifically deals with drug-related offenses. In relation to gender, women prisoners who are young and mothers with children allegedly incarcerated in murder were more vulnerable to patriarchal biasness and barriers of reintegration into family and community. The study has suggested skill-based education, establishment of free legal and reintegration service and oversight of police officials who register criminal cases against women offenders to prevent their religious and gender-based biasness while registering such cases.

The Need for Monitoring and Assessment of Legal Aid Quality in South Africa

Legal aid is needed in South Africa as one mechanism for poor South Africans to realise their legal rights and to use the law as a vehicle for positive social change in a grossly unequal society in which deep poverty is rife. However, simply having a legal aid service provider is insufficient if the quality of such services is not satisfactory. But how can high quality legal services be ensured? This paper considers how different forms of legal aid service provision can be effectively monitored and assessed to ensure that satisfactory standards of legal aid work are delivered. Categories of "legal aid" (broadly construed) which are considered are legal NGOs, including university law clinics, the state's Legal Aid South Africa telephonic advice, and pro bono work by private lawyers. Separate research has focussed on the need for much improved coordination between legal service providers to promote co-operation among legal aid services. The next step is to ensure that such coordination leads to quality services and promoting quality control mechanisms which are appropriate and which can be considered best practice. This paper analyses and discusses this next step. If legal aid is not of an adequate standard or quality assurance is not in place, the legal aid is not serving a positive function. The paper considers viable means for vetting the quality of these free legal services in a South African context, including telephonic legal advice in the Covid era. It suggests mechanisms to promote high-level free legal service provision by assessing the quality of such services. Legal aid quality control methods abroad were analysed to serve as an indicator of the options used in this regard in those jurisdictions. The question to be answered is what quality control measures are most apposite in the South African legal aid arena.

ANALYSIS AND EVALUATION OF LEGAL AID IN THE INDONESIAN COURT

This article examines the regulation and application of legal aid services in Indonesian Courts. Normatively, the guidelines for the provision of legal aid in court are based on the Law on Judicial Power, Law on General Courts, Law on Religious Courts and Law on State Administrative Courts, and Supreme Court Regulation Number 1 the year 2014 (Perma). On the one hand, there is incoherence in the provision where the law determines that free legal service (Posbakum) service supported any level of the court until the decision is legally binding and executable, whereas in Perma applicable for the district court. On the other hand, there is an expansion of the provision of legal aid services regulated by Perma, namely that the recipient of services is not required by the poor as stipulated by law, but also for those who cannot afford to pay for advocate services. The leniency of this requirement is to facilitate people who are not categorized as poor but cannot pay for the services of a lawyer. In addition, Perma also provides services in the form of Sessions Outside the Court Building (SLGP) to facilitate justice seekers who have limited access to transportation and accommodation for the distance from the court. So the inability of the justice-seeking community is also interpreted as the inability to access trials or litigate cases in court due to the remote location or difficulty in transportation and accommodation. There are several obstacles in providing legal aid services at the court, namely related to budget constraints, lack of socialization, and availability of facilities and infrastructure. This article contributes to the role of the Indonesian Court in providing unique access to justice.

On Social Networks, Anonymous Testimonies, and Other Tools of Feminist Activism against Sexual Violence in Egypt

On Social Networks, Anonymous Testimonies, and Other Tools of Feminist Activism against Sexual Violence in Egypt