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Chorzow Factory (1928) > Topic 21 and 22: Access to Justice > Flashcards

Topic 21 and 22: Access to Justice Flashcards

1
Q

What is the adversarial advocate approach?

A

Focus is on the lawyer’s role as the client’s most loyal fan.

Lawyers’ ethics are governed by his role as advocate in adversarial legal process. Partisanship, loyalty and non-accountability.

Lawyers tend to consider how different legal options will affect the client’s chance of winning.

Lawyers are responsible for advocating their client’s interests as zealously as possible within the boundaries of law.

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2
Q

What is the responsible lawyer approach?

A

Focus is on the lawyer’s role as an officer of the court.

Lawyers’ ethics are governed by the role of facilitating the public administration of justice according to law in the public interest.

Personal moral beliefs are generally irrelevant - focus is on duties as an officer of the court.

Lawyers are responsible for making the law work as fairly and justly as possible.

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3
Q

What is the moral activist approach?

A

Focus is on the individual’s own convictions about justice - and the lawyer role merely being a position to bring about the individual’s idea of justice.

Lawyer should take advantage of their position to improve justice through cause lawyering.

Persuade clients of the moral thing to do and withdraw if client wants something else.

Lawyer may accept a case only on a condition that it takes a certain shape.

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4
Q

What is the ethics of care appproach?

A

Focus is on an ethical idea of preserving relationships and reducing harm amongst people - with the lawyer role merely being another (meaningful) relationship with the client.

Lawyers should focus on preserving relationships and avoiding harm.

Lawyers tend to consider the psychological and relational consequences of different legal options.

More likely to look for non-adversarial ways to resolve disputes and preserve relationships

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5
Q

What is the ethics of care appproach?

A

Focus is on an ethical idea of preserving relationships and reducing harm amongst people - with the lawyer role merely being another (meaningful) relationship with the client.

Lawyers should focus on preserving relationships and avoiding harm.

Lawyers tend to consider the psychological and relational consequences of different legal options.

More likely to look for non-adversarial ways to resolve disputes and preserve relationships

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6
Q

What happened to David Marshall in 1971?

A

He represented four detained newspaper executives under ISA.

He argued for habeas corpus, which is a writ of protection against unlawful imprisonment.

Marshall was disciplined for professional misconduct and suspended from practice for 6 months.

Some people felt that this was also connected to his role in LSS’s opposition to the abolition of juries.

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7
Q

What happened to TT Rajah in 1970s?

A

He represented political detainees under ISA and also represented Barisan activists.

He, like Marshall, argued for habeas corpus, a writ of protection against unlawful imprisonment.

TT Rajah was disciplined for professional misconduct and suspended for two years.

Later, he was detained without trial.

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8
Q

What happened to the LSS when it argued against giving state control over foreign press in Singapore?

A

In 1986, the LSS questioned the proposed legislation over foreign press.

During the televised Select Committee hearings, the LSS was intimidated and cross-examined

8 months after the hearings, two members of the LSS were detained without trial for being part of a Marxist conspiracy

For almost twenty years after the hearings, the LSS stayed out of the public domain.

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9
Q

What happened to the LSS when it argued against abolishing jury trials in Singapore?

A

In 1969, the LSS questioned the move to amend the Criminal Procedure Code to abolish jury trials.

During the Select Committee hearings, the Committee appeared to intimidate and accuse the LSS of breaching the boundary between law and politics.

The Committee characterised the LSS’s submissions as a political document and accused David Marshall, a member of the LSS, of politicking.

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10
Q

There is no equivalent of the American Civil Liberties Union (ACLU) in Singapore. True or false?

A

True true. No ACLU equivalent in Singapore due to fear of state clamp down.

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11
Q

What is the first wave of access to justice?

A

State-led legal aid

In 1956, the Legal Aid and Advice Ordinance was passed in Singapore. It provided for legal aid in civil cases, criminal cases, as well as legal advice. However, Part II on criminal legal aid was never implemented.

In 1965, US established its own state-run legal aid program. This was part of the war on poverty in the US.

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12
Q

What is the problem with the first wave of access to justice?

A

Expensive, since taxpayers pay cost

Social justice gaps, what if we think that state laws are unjust?

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13
Q

What is the second wave of access to justice?

A

Public interest law

People sought to change the law to make the law more meaningful.

Can sue people in class action.

Less formal dispute resolution processes.

Treat problems more holistically in criminal justice.

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14
Q

What is the problem with the second wave of access to justice?

A

Achieving resolution at the cost of not protecting parties’ rights

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15
Q

What is the third wave of access to justice?

A

Reform of legal services market

More face to face community justice

Focus on mediation and ADR

Allow people other than lawyers to provide legal services (not advice, but services).

Allow lawyers to advertise themselves

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16
Q

What is the fourth wave of access to justice?

A

Remove fixed fees

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17
Q

What triggered the four waves of access to justice?

A

It started with the recognition by the state that they had an obligation to provide an effective system of courts for people.

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18
Q

What does access to justice mean?

A

Accessibility of court procedures

Accessibility to legal information to lawyers and laypersons

Availability of legal representation in trials/legal advice

Access to more informal processes to resolve disputes

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19
Q

“Access to justice has been understood differently at different times. Waves of access to justice focused on different aspects”. Is this statement true or false?

A

True.

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20
Q

The Legal Aid and Advice Bill, introduced in 1995, does not include provisions in criminal legal aid. Is this statement true or false?

A

True

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21
Q

The Legal Aid and Advice Bill, introduced in 1985, does not include provisions in criminal legal aid. Is this statement true or false?

A

False. The 1985 version did - just not the 1995 (current version).

22
Q

What were the reasons given by S. Jayakumar for refusing to subsidise criminal legal aid for non-capital offences?

A

“(Outside of life and capital cases) It is incongruous and inconsistent that public funds should be used to defend an accused person which the State has decided ought to be charged in court and use public funds at the same time to get him off.”

23
Q

Does Singapore have criminal legal aid for capital offences? How does it work?

A

Legal Assistance Scheme for Capital Offences

Implemented by the State.

Also called LASCO

Two counsels will be assigned for free. One lead, another assisting.

No means test or other criteria to pass

24
Q

Does Singapore have criminal legal aid for non-capital offences? How does it work?

A

Criminal Legal Aid System (CLAS)

Implemented by Law Society in 1985.
Co-sponsored by State since 2015.

Means test.
Disposable income and assets over the last 12 months should not exceed $10K each.

Merits test.
Must have reasonable grounds for defending case.

Can get preliminary legal advice regardless of eligibility.

25
Q

Hafiz is 20 years old and wants to apply for legal aid for causing mischief under CLAS. He has no income as he is still schooling. His mother has $10,000 in both disposable assets and income. Will he be eligible?

A

Yes, he is eligible for CLAS.

Parents of single minor applicants under the age of 21 will be assessed for means test, and Hafiz’s mother meets the criteria.

26
Q

Shi En is 21 years old and wants to apply for legal aid for causing simple hurt under CLAS. She has no income as she is not currently working. Her mother has $12,000 in both disposable assets and income. Will she be eligible?

A

Yes, she is eligible for CLAS.

Since she is aged 21 years old, the means test will apply to her, not her mother.

Her disposable income is $0 and less than $10K, so she qualifies.

27
Q

Muhammad has committed theft and wants to apply for legal aid under CLAS. He has disposable income and assets of $8,000 each. His wife has disposable income and assets of $5,000 each. Will Muhammad be eligible?

A

No, he will not be eligible for CLAS.

Means test combines the income of both you and your spouse.

Muhammad and his wife’s combined disposable income will be $5,000 + $8,000 = $13,000, and this exceeds the limit of $10,000.

Muhammad must pay for his own lawyer.

28
Q

Obtaining criminal legal aid under CLAS means that the applicant does not have to pay anything. Is this true or false?

A

False.

Applicant may still need to pay CLAS a co-payment.

Applicant may still need to pay for miscellaneous costs such as obtaining police statements, reports, and transportation.

29
Q

Ridwan is 21 years old and is being sued for negligence by one of his customers. He applies to CLAS for legal aid. His disposable income and assets is $9,000 each. Is he eligible?

A

No, wrong lah. Civil legal aid is LAB, not CLAS.

CLAS is only for criminal legal aid for non-capital offences.

Ridwan can apply for LAB instead.

30
Q

Does Singapore have legal aid for civil lawsuits? How does it work?

A

Legal Aid Bureau (LAB)

Implemented by the State.

Duty Lawyer is assigned.

Means Test (must meet all of the criteria below):
Monthly household income for the last 12 months must not exceed $950.
Annual value of residence must not exceed $13K. Cannot own two or more homes.
Savings and non-CPF investments must not exceed $10K.

Merits Test.
Must have reasonable grounds for defending case.

31
Q

Ridwan is 21 years old and is being sued for negligence by one of his customers. He applies to LAB for legal aid. He has a monthly household income of $1000 and lives in a household flat that costs $10K a year. Is he eligible?

A

No, he fails the Means Test.

His monthly household income exceeds $950.

32
Q

LTC Tan is 45 years old and is being sued by Jia Hao for sabotage tort. He applies to LAB for legal aid. He has been unemployed for the past 12 months because he was fired for being uncooperative at work. His wife is a housewife and has no income. He lives in a condominium with annual value of $50K. Is he eligible?

A

No.

The annual value of his condo exceeds the limit of $13K.

33
Q

LTC Tan can receive preliminary legal advice even before he goes for the Means Test at LAB. True or false?

A

True.

The Duty Lawyer will give oral advice before opening a file and sending LTC Tan for the full Means Test.

34
Q

Before going for the full Means Test, all applicants at LAB must do a preliminary Means Test. True or False?

A

True.

35
Q

Before going for the full Means Test, all applicants going for CLAS must also do a preliminary Means Test. True or False?

A

True.

36
Q

CPT Angelic has just be sued for harassment. She urgently rushes down to the Law Society’s office and requests for legal aid. Her disposable income and assets over the last 12 months is less than $10K each. Can LSS help her?

A

No.

Harassment is a civil proceeding and falls under LAB.

Law Society manages the Criminal Legal Aid Scheme (CLAS), which is criminal legal aid for non-capital offences.

CPT Angelic can go LAB to apply for civil legal aid instead.

37
Q

Does LAB handle ALL civil cases?

A

No. It does not handle:

Defamation
Small Claims Tribunal
Tribunal for Maintenance of Parents
Employment Claims Tribunal
Mediation at TADM
38
Q

Do lawyers at the Legal Aid Bureau get paid?

A

?? Still Don’t Know

39
Q

Do lawyers under CLAS get paid?

A

No, they are volunteer lawyers.

But they receive a small honorarium per case.

40
Q

Do lawyers under LASCO get paid?

A

No, they are volunteer lawyers.

But they receive a small honorarium per case.

41
Q

It has been reported that 90% of all capital cases are defended by LASCO Counsel. True or false?

A

True.

42
Q

Besides CLAS, the Association of Criminal Lawyers of Singapore (ACLS) also offers pro bono services. True or false?

A

True.

43
Q

How was the CLAS system changed in 2015?

A

Enhanced CLAS officially launched in 2015.

The State will now fund a bulk of the expenses in the CLAS program.

CLAS Fellows who are full-time lawyers.

Volunteer pool of lawyers. Paid honorarium )roughly 10-15% of market rate) funded by the government.

4 tiers of legal assistance.

44
Q

What are the 4 tiers of legal assistance envisioned by Enhanced CLAS?

A

Tier 1 provides all accused persons awareness of channels and resources for legal advice and representation.

Tier 2 offers basic legal advice for accused persons facing charges that may have jail terms.

Tier 3 offers legal assistance not involving court attendance by a lawyer, such as preparing a mitigation plea.

Tier 4 offers full representation.

45
Q

“All CLAS applicants receive legal advice during the means/merits testing process, regardless of whether they qualify.” True or false?

A

True.

46
Q

CLAS currently covers criminal defendants pleading guilty to all charges and provides legal assistance with mitigation. Is this true or false?

A

True. Enhanced CLAS does this.

47
Q

The LASCO system requires all applicants to make a co-payment. True or False?

A

False. LASCO offers counsel for free. No co-payment required.

48
Q

The CLAS system requires all applicants to make a co-payment. True or False?

A

True (to some extent). CLAS website says that co-payment may be required depending on the results of means test.

However, the readings says that co-payment is compulsory to ensure that applicants contribute to their own defense and do not abuse the system.

49
Q

The LAB system requires all applicants to make a co-payment. True or False?

A

True. Amount to be paid is assessed according to financial means and complexity of the case.

50
Q

Capital offences are only offences that carry the death penalty. Is this true or false?

A

Yes.

51
Q

Is kidnapping a capital offence?

A

Yes.

Chorzow Factory (1928) (14 decks)

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