INITIATIVES FOR A SYSTEM OF LEGAL ASSISTANCE AT COMMUNITY LEVEL: THE

ROLE OF NON-ADVOCATES (PARA-LEGALS)

PROFESSOR DAVID McQUOID-MASONUNIVERSITY OF KWAZULU-NATAL

DURBAN

SOUTH AFRICA

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

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

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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