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PROFESSOR DAVID McQUOID-MASON UNIVERSITY OF KWAZULU-NATAL DURBAN SOUTH AFRICA

INITIATIVES FOR A SYSTEM OF LEGAL ASSISTANCE AT COMMUNITY LEVEL: THE ROLE OF NON-ADVOCATES (PARA-LEGALS). PROFESSOR DAVID McQUOID-MASON UNIVERSITY OF KWAZULU-NATAL DURBAN SOUTH AFRICA. 1. INTRODUCTION. WHAT IS A PARA-LEGAL? WHY DO WE NEED PARA-LEGALS?

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PROFESSOR DAVID McQUOID-MASON UNIVERSITY OF KWAZULU-NATAL DURBAN SOUTH AFRICA

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  1. INITIATIVES FOR A SYSTEM OF LEGAL ASSISTANCE AT COMMUNITY LEVEL: THE ROLE OF NON-ADVOCATES (PARA-LEGALS) PROFESSOR DAVID McQUOID-MASON UNIVERSITY OF KWAZULU-NATAL DURBAN SOUTH AFRICA

  2. 1. INTRODUCTION • WHAT IS A PARA-LEGAL? • WHY DO WE NEED PARA-LEGALS? • WHAT ARE THE DIFFERENT TYPES OF PARA-LEGALS? • THE ROLE OF PARA-LEGALS • HOW PARA-LEGALS CAN WORK WITH ADVOCATES AND GOVERNMENT OFFICIALS • TRAINING OF PARA-LEGALS • PARA-LEGALS AND ACCESS TO JUSTICE • SOME THOUGHTS FOR MONGOLIA

  3. 2. WHAT IS A PARA-LEGAL? • PARA-LEGALS ARE PEOPLE WHO ARE NOT ADVOCATES • PARA-LEGALS ARE LOCAL PEOPLE TRAINED IN: • PRACTICAL ASPECTS OF THE LAW • GIVING LEGAL ADVICE • ADMINISTRATIVE SKILLS • PUBLIC LEGAL EDUCATION SKILLS • PARA-LEGALS MAY BE • LAW GRADUATES WHO HAVE NO LICENCE TO PRACTICE AS ADVOCATES • ORDINARY PEOPLE WITH NO FORMAL LEGAL QUALIFICATIONS WHO HAVE BEEN TRAINED IN LEGAL, ADVICE-GIVING, ADMINISTRATIVE AND PUBLIC LEGAL EDUCATION SKILLS

  4. 3. WHY DO WE NEED PARA-LEGALS? • PARA-LEGALS ARE LOCAL PEOPLE USUALLY TRAINED IN BASIC LEGAL, COUNSELLING AND EDUCATIONAL SKILLS • PARA-LEGALS ARE USEFUL IN RURAL AREAS BECAUSE OF • THE COST OF EMPLOYING ADVOCATES • THE SHORTAGE OF ADVOCATES IN RURAL AREAS • THE SHORTAGE OF ADVOCATES WILLING TO WORK WITH LOCAL PEOPLE TO SOLVE PROBLEMS IN THE ‘PUBLIC INTEREST’ • COMMUNICATION PROBLEMS IN REMOTE AREAS (EG DISTANCE) • THE FACT THAT THEY LIVE IN LOCAL VILLAGES AND TOWNS AND KNOW THE KINDS OF PROBLEMS THE PEOPLE FACE • THE NEED TO MAKE SURE THAT JUSTICE IS ACCESSIBLE TO EVERYONE – INCLUDING PEOPLE IN RURAL AREAS • THE NEED TO HELP THE ADMINISTRATION OF JUSTICE SYSTEM IN DEMOCRATIC COUNTRIES

  5. 5. WHAT ARE THE DIFFERENT TYPES OF PARA-LEGALS? • PARA-LEGALS MAY BE SALARIED (EG IN CITIZEN ADVICE OFFICES, LAW FIRMS OR PUBLIC DEFENDER’S OFFICES) OR UNPAID VOLUNTEERS • PARA-LEGALS MAY BE EMPLOYED IN THE FOLLOWING: • NGOS: WHERE THEY ASSIST LOCAL PEOPLE WITH SOLVING LOCAL PROBLEMS BY GIVING ADVICE AND LEGAL EDUCATION • CITIZEN ADVICE OFFICES: WHERE THEY TAKE UP CASES, OPEN FILES, SOLVE CASES AND REFER CASES TO LAWYERS • TRADE UNIONS: WHERE THEY SPECIALIZE IN LABOUR LAW AND USE NEGOTIATION AND MEDIATION SKILLS TO SETTLE DISPUTES • LAWYERS’ ASSOCIATIONS: WHERE THEY GIVE ADVICE, EDUCATE THE PUBLIC AND REFER CASES TO LAWYERS (EG MONGOLIAN WOMEN’S LAWYERS ASSOCIATION) • LAW FIRMS AND PUBLIC DEFENDER’S OFFICES: WHERE THEY DO INITIAL INTERVIEWING, GIVING ADVICE, STATEMENT-TAKING, EVIDENCE-GATHERING AND REFERRING PEOPLE TO OTHER ORGANISATIONS • LOCAL GOVERNMENT OFFICES: WHERE THEY ASSIST THE LOCAL GOVERNMENT OFFICES BY PROVIDING PRIMARY LEGAL ADVICE TO CITIZENS (EG LAW CLINIC STUDENTS DURING VACATIONS)

  6. 6. THE ROLE OF PARA-LEGALS • PARA-LEGALS MAY DO THE FOLLOWING: • GIVE LEGAL ADVICE AND GENERAL ADVICE • USE PARA-LEGAL MANUALS AND PAMPHLETS TO GIVE ADVICE • INVESTIGATE CASES THAT MAY NEED ADVOCATES • LINK LOCAL PEOPLE WITH ADVOCATES • HELP TO TAKE STATEMENTS AND FOLLOW UP CASES • REFER PEOPLE TO HEALTH AND WELFARE AGENCIES • HELP SOLVE PROBLEMS WITH AUTHORITIES THROUGH NEGOTIATION AND MEDIATION • BUILD NETWORKS WITH OTHER PARA-LEGALS AND NGOS • TRAIN LOCAL PEOPLE IN PARA-LEGAL SKILLS AND TO TRAIN THEM TO TEACH OTHERS • RUN WORKSHOPS TO TEACH LOCAL PEOPLE ABOUT THE LAW • PUBLICISE LOCAL LEGAL EVENTS AND PROBLEMS • HELP TO LOBBY FOR IMPROVEMENTS IN THE JUSTICE SYSTEM

  7. 7. HOW PARA-LEGALS CAN WORK WITH ADVOCATES AND GOVERNMENT OFFICIALS • MANY ADVOCATES AND GOVERNMENT OFFICIALS DO NOT LIKE TO WORK WITH PARA-LEGALS BECAUSE THEY THINK THAT THEY ARE NOT QUALIFIED ADVOCATES • BUT EXPERIENCE SHOWS THAT ADVOCATES AND GOVERNMENT SHOULD WORK WITH PARA-LEGALS BECAUSE: • PARA-LEGALS HELP POOR PEOPLE TO GET JUSTICE • PARA-LEGALS DO NOT TAKE AWAY CLIENTS FROM ADVOCATES • PARA-LEGALS BRING CASES TO ADVOCATES AND GOVERNMENT OFFICIALS • PARA-LEGALS CAN HELP ADVOCATES AND GOVERNMENT OFFICIALS COMMUNICATE WITH LOCAL PEOPLE • PARA-LEGALS CAN TELL ADVOCATES AND GOVERNMENT OFFICIALS ABOUT CONDITIONS AFFECTING LOCAL PEOPLE

  8. 8. HOW PARA-LEGALS CAN WORK WITH ADVOCATES AND GOVERNMENT OFFICIALS (CONTINUED 1) • PARA-LEGALS CAN HELP WHERE ADVOCATES AND GOVERNMENT OFFICIALS: • ARE NOT ABLE TO EXPLAIN THE LAW AND LEGAL PROCEDURES, AND CHANGES TO THEM, IN SIMPLE TERMS • ARE NOT INTERESTED IN THE PROBLEMS OF LOCAL PEOPLE • ARE LESS INTERESTED IN DEALING WITH THE PROBLEMS OF POOR OR RURAL PEOPLE • HAVE LITTLE CONTACT WITH LOCAL PEOPLE OR GROUPS • ARE NOT SENSITIVE TO LOCAL PROBLEMS AND NEEDS • MAKE DECISIONS WITHOUT PROPERLY CONSULTING WITH LOCAL PEOPLE • DO NOT GIVE FULL UPDATES OR REPORTS BACK ON CASES • [NOTE: NOT ALL ADVOCATES AND GOVERNMENT OFFICIALS MAY BE LIKE THIS – BUT IN ALL COUNTRIES SOME ARE]

  9. 9. HOW PARA-LEGALS CAN WORK WITH ADVOCATES AND GOVERNMENT OFFICIALS (CONTINUED 2) • PARA-LEGALS CAN OVERCOME SOME OF THE ABOVE PROBLEMS WITH ADVOCATES AND OFFICIALS BY: • TELEPHONING THE ADVOCATES AND OFFICIALS REGULARLY TO FIND OUT WHAT IS HAPPENING IN CERTAIN CASES • ASKING ADVOCATES AND OFFICIALS TO EXPLAIN ASPECTS OF THE LAW OR LANGUAGE NOT UNDERSTOOD BY LOCAL PEOPLE • OFFERING TO HELP COLLECT DOCUMENTS OR EVIDENCE FOR USE BY THE ADVOCATES OR OFFICIALS • KEEPING ADVOCATES AND OFFICIALS INFORMED OF CHANGES IN CONDITIONS OR DEVELOPMENTS AFFECTING LOCAL PEOPLE • MAKING SURE THAT ADVOCATES AND OFFICIALS CONSULT WITH LOCAL PEOPLE BEFORE MAKING CERTAIN DECISIONS • ASKING ADVOCATES HOW MUCH CASES WILL COST OR WHETHER PEOPLE CAN GET LEGAL AID • ENCOURAGING ADVOCATES TO USE NON-LITIGATION METHODS (EG NEGOTIATION AND MEDIATION) TO SOLVE LOCAL PROBLEMS

  10. 10. TRAINING OF PARA-LEGALS: DIFFERENT LEVELS OF TRAINING • BASIC TRAINING (EG GENERAL PARA-LEGAL SKILLS) • SPECIALISED TRAINING (ON CERTAIN ASPECTS OF THE LAW EG CRIMINAL LAW, LABOUR LAW, FAMILY LAW ETC) • IN-SERVICE TRAINING (EG WORKING WITH EXPERIENCED PARA-LEGALS IN THE FIELD TO LEARN PRACTICAL SKILLS) • REFRESHER TRAINING (EG KEEPING PARA-LEGALS UP TO DATE WITH NEW LAWS AND SKILLS) • ADVANCED TRAINING SKILLS (EG TRAINING EXPERIENCED PARA-LEGALS TO BE TRAINERS OF OTHERS)

  11. 11. GENERAL PARA-LEGAL SKILLS • THE FOLLOWING ARE THE GENERAL SKILLS REQUIRED OF PARA-LEGALS: • PRACTICAL LEGAL SKILLS (EG STATEMENTS, EVIDENCE, LETTERS) • COUNSELLING SKILLS (EG INTERVIEWING, LISTENING, ADVICE) • KNOWLEDGE OF BASIC LAW AND LEGAL PROCEDURES (EG ARREST AND DETENTION, BAIL, CIVIL ACTIONS, CRIMINAL CHARGES ETC) • WORKING WITH ADVOCATES (EG LINKING THEM TO LOCAL PEOPLE) • WORKING WITH LOCAL PEOPLE (EG USING DISPUTE RESOLUTION) • EDUCATING PEOPLE ABOUT THE LAW AND LEGAL PROCEDURES • REFERRAL SKILLS (EG TO ADVOCATES, DOCTORS, SOCIAL WELFARE) • ADMINISTRATION SKILLS (EG TYPING, FILING, DIARIES, RECORDS) • MEDIA SKILLS (EG PAMPHLETS, BOOKLETS, NEWSPAPERS) • MONITORING SKILLS (EG REPORTS, QUESTIONNAIRES, RESEARCH)

  12. 12. PARA-LEGAL TRAINING METHODS • PARA-LEGALS SHOULD USE INTERACTIVE TRAINING METHODS EG: • LECTURE (KEEP SHORT: USE VISUAL AIDS, VIDEOS, CHARTS) • SMALL GROUP DISCUSSIONS • ROLEPLAYS • SIMULATIONS • CASE STUDIES • MOCK TRIALS • BRAIN STORMING • PRACTICAL EXERCISES (EG WRITING STATEMENTS, LETTERS) • FIELD TRIPS • LEGISLATIVE HEARINGS • DEBATES • SONGS, STORIES, PLAYS • VISUAL AIDS (CARTOONS, ART WORKS, PHOTOGRAPHS)

  13. 13. PARA-LEGALS AND ACCESS TO JUSTICE • PARA-LEGALS CAN PLAY A VALUABLE ROLE IN PROVIDING SERVICES IN A VARIETY OF ORGANIZATIONS, EG: • PARA-LEGALS IN SMALL VILLAGES IN RURAL AREAS • PARA-LEGALS IN WELFARE AND ADVICE CENTRES (EG HUMANITY CLINIC STUDENTS IN GEER DISTRICT ‘SAVE THE CHILDREN’ OFFICE) • PARA-LEGALS IN NGOS (EG LAWYERS IN MONGOLIAN WOMEN’S LAWYERS ASSOCIATION OFFICES) • PARA-LEGALS IN TRADE UNION OFFICES • PARA-LEGALS IN LAW FIRMS • PARA-LEGALS IN PUBLIC DEFENDER’S OFFICES (INTERVIEWING, SCREENING, REFERRING AND GIVING ADVICE) • PARA-LEGALS IN STATE ADVICE OFFICES (EG HUMANITY CLINIC STUDENTS IN SIX AIMAG LOCAL GOVERNMENT OFFICES)

  14. 14. PARA-LEGALS: SOME THOUGHTS FOR MONGOLIA • PARA-LEGALS SHOULD BE SEEN AS AN INTEGRAL PART OF ACCESS TO JUSTICE AND LEGAL AID AND ADVICE • PARA-LEGALS SHOULD BE LOCATED IN SELECTED REGIONAL CENTRES IN THE FOLLOWING: • PUBLIC DEFENDER’S OFFICES WHERE ESTABLISHED • CENTRAL SUM GOVERNOR’S LEGAL OFFICE UNDER SUPERVISION OF AN INDEPENDENT ADVISORY COMMITTEE (LAWYERS ASSOCIATIONS AND NGOS) • IF CENTRAL SUM NOT APPROPRIATE, IN AIMAG GOVERNOR’S LEGAL OFFICE UNDER SUPERVISION OF AN INDEPENDENT ADVISORY COMMITTEE (LAWYERS ASSOCIATIONS AND NGOS) • IF SUM GOVERNOR’S AND AIMAG GOVERNOR’S OFFICES NOT APPROPRIATE, IN THE OFFICE OF AN EXISTING NGO

  15. 15. PARA-LEGALS: SOME THOUGHTS FOR MONGOLIA (CONTINUED) • PARA-LEGALS IN PUBLIC DEFENDER’S OFFICES SHOULD: • INTERVIEW AND SCREEN APPLICATIONS FOR ASSISTANCE FROM PDOS • GIVE LEGAL ADVICE TO MEMBERS OF THE PUBLIC • REFER PEOPLE TO OTHER ORGANISATIONS (EG HUMAN RIGHTS COMMISSION AND NGOS) • UPDATE LEGISLATION AND REGULATIONS FOR USE BY SUM AND AIMAG LEGAL ADVISERS’ OFFICES • PREPARE UPDATED BULLETINS ON CHANGES IN LAWS AND REGULATIONS FOR DISTRIBUTION TO BHAG GOVERNORS AND PUBLIC ORDER OFFICIALS • EDUCATE BHAG GOVERNORS, PUBLIC ORDER AND OTHER OFFICIALS ABOUT THE LAW AND LEGAL PROCEDURES • PROVIDE PAMPHLETS AND OTHER INFORMATION TO THE PUBLIC ABOUT THE LAW • TRAIN SELECTED LOCAL PEOPLE IN THE BHAGS (EG SCHOOL TEACHERS AND LOCAL LEADERS) ON HOW TO TEACH LOCAL PEOPLE ABOUT THE LAW • REPORT MONTHLY TO THE PARA-LEGAL ADVISORY COMMITTEE ON THE NATURE OF THE WORK CARRIED OUT BY THEM

  16. 16. PARA-LEGALS: SOME THOUGHTS FOR MONGOLIA (CONTINUED) • PARA-LEGALS BASED IN SELECTED REGIONAL CENTRES IN SUM, AIMAG OR NGO OFFICES SHOULD DO THE FOLLOWING: • GIVE LEGAL ADVICE TO MEMBERS OF THE PUBLIC • UPDATE LEGISLATION AND REGULATIONS IN THE SUM AND AIMAG ADVISER’S OFFICE • PREPARE UPDATED BULLETINS ON CHANGES IN LAWS AND REGULATIONS FOR DISTRIBUTION TO BHAG GOVERNORS AND PUBLIC ORDER OFFICIALS • EDUCATE BHAG GOVERNORS, PUBLIC ORDER AND OTHER OFFICIALS ABOUT THE LAW AND LEGAL PROCEDURES • PROVIDE PAMPHLETS AND OTHER INFORMATION TO THE PUBLIC ABOUT THE LAW • TRAIN SELECTED LOCAL PEOPLE IN THE BHAGS (EG SCHOOL TEACHERS AND LOCAL LEADERS) ON HOW TO TEACH LOCAL PEOPLE ABOUT THE LAW • REPORT MONTHLY TO AN INDEPENDENT PARA-LEGAL ADVISORY COMMITTEE ON THE NATURE OF THE WORK CARRIED OUT BY THEM

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