Rule of Law and Contemporary Trends in Evolution of Advokatura

Quality Legal AidPeter van den BiggelaarFormer CEO Dutch Legal Aid Board

Conference AlmatyNovember 4th 2016

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In order to create a good system of legal aid it isnecessary to strike the right balance (checks andbalances) between the interests of the variousstakeholders:• those who need legal aid;• those who provide legal aid;• those who pay legal aid (taxpayers);

the government;• others who benefit from a good legal aid

scheme (i.e. courts).It costs a lot of timeIt’s a never ending story

In advance

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…..and

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• Reliability: users must be able to trust the legal aid system.

• Value for money: interest government, tax payers.

• To constantly enhance the trust in rule of law.

• To be assured of the trust of the international community.

Why is quality so important?Reasons to invest in quality

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• It creates a climate for investment.

• To confirm the crown jewels of the BAR.

• Reducement of mistakes.

• Bring justice. Convictions-acquittal.

• Need for accountability: LAB monitors quality of services and reports to Ministry, Parliament and BAR.

Why is quality important?Reasons to invest in quality

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• The Bar Association (Bar)• Government/Ministry of Justice• Legal Aid Board (LAB)• Own responsibility lawyers

Need for cooperation to develop standards and procedures

Emergence of lawyer-specialist associations

Who is responsible? Providing quality is a shared responsibility

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How to develop quality mechanism?Quality the basket of first line

• Advanced education• Training for starters• Customized training• Inter Collegial Consultation• Diagnosis / Expert system• Clients satisfaction surveys• Mystery guests• Interim review• Satisfaction surveys amongst staff members• Questionnaires amongst intermediaries• Questionnaires amongst attorneys

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How to develop quality mechanism?Quality criteria for lawyers to work for Legal Aid Board (LAB)

• Lawyers must be member of the Dutch Bar Association.

• Lawyers must comply with conditions set by the Bar for basic registration.

• Above this lawyers must agree with additional conditions for registration set by the LAB.

• For some juridical fields extra terms apply: training, experience, member of specialisation-association, peer review.

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● Information● Signals● Input for criteria

CooperationRole judiciary

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• Duty solicitors schema• Ad random• Independently• Registration and checks

Criminalconditions

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• Input-> education, skills training, office accommodation etc

• Structure->management of inputs, record keeping, complains etc

• Process->whole range of lawyering, fact gathering, analysis, strategy, advice etc more difficult, subjective

• Outcome-> case cost, time, success rate, client satisfaction etc most difficult to measure interpretation etc

Quality measuresFour proxies for quality

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Quality measures Bar

• Conditions for basic registration: audit.

• Traineeship: three years.

• Permanent education and training (20 points).

• Disciplinary proceedings, special courts.

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Organization of the office:• What are the opening hours?• Management files: well ordered, accessibility, confidentiality guaranteed?• Staff members: is a signed confidentiality agreement in stock?• How is insured that time limits are not exceeded?• Is a regulation for substitution in case of absence in stock?

Relationship with clients:• Estimation of achievability of the clients wishes.• Estimation of financial consequences of assigning the case.• Use of standard confirmation letter.• Registration of working hours and costs.• Liability insurance.

Quality management: • How is knowledge system organized?• Member of lawyer specialist-association?• Does the office take part in intervision or peer review?• Is the office affiliated to a complaint scheme?• Does the office evaluate judgments of clients on services?

Bar: conditions basic registration

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• Registration on basis of specialism for some fields of legal aid (criminal, juveniles, victims, family, asylum, psychiatric, international child abduction)

• Extra qualifications based on knowledge and experience: • basic training• minimum amount of cases• permanent education points

• Maximum amount of cases: 250 and maximum amount of billing hours: 2000

• Obligation to use Best Practice Guides• Obligation to take part in intervision and peer review• Prohibition of billing other fees than own contribution to

clients

Conditions for registration

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Specialized legal areas/cases:• Criminal law• Juvenile delinquency• Victim cases • Asylum law / Alien law • Psychiatric cases• Family law• International child abduction

LAB: additional criteria for registration

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• Initiative of LAB and the Bar

• Developed by lawyers

• Paid for by LAB

• Checklist for lawyers: what is good practice?

• Checklist for intervision, peer review and judgment on complaints

Good practice: Best Practice Guides

Minimum standards for handling of cases. Examples:

• Acquired knowledge• Communication with clients: use of simple

language • Use of interpreters and translation of

documents• Instructions:

• how to register time limits• how to proceed before the court• how to inform a client after court session

• Information about the possibility for a second opinion

Best Practice Guides

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