Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Osgoode Hall Law School of York University

1997

Legal assistance to the poor

Articles 1 - 3 of 3

Full-Text Articles in Law

The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin Jul 1997

The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin

Osgoode Hall Law Journal

This article is divided in two parts. In Part I, Ray Kuszelewski details the history of setbacks in representing street prostitutes faced by community-based initiatives at Parkdale Community Legal Services (PCLS). It is a personal, anecdotal, account of the clinic's evolutionary role in tackling the perils of poverty for street prostitutes. In Part II, Dianne Martin complements the first section by addressing the specific problem of police misconduct. The commentary is historical and theoretical in examining prior efforts at reform and argues for the development of a new, collaborative approach. The context is local and particularized in a community legal …


The Demystification Of Legal Discourse: Reconceiving The Role Of The Poverty Lawyer As Agent Of The Poor, Cherie Robertson Jul 1997

The Demystification Of Legal Discourse: Reconceiving The Role Of The Poverty Lawyer As Agent Of The Poor, Cherie Robertson

Osgoode Hall Law Journal

By employing traditional methods of legal representation when acting on behalf of those living in poverty, lawyers act to perpetuate the disempowerment of poor people.. While the systemic barriers confronting the poor must be addressed, so too must the power of the poor to help themselves through organization and resistance. The task of the poverty lawyer committed to facilitating the agency of the poor is made difficult by the exclusivity and formalism of legal discourse, the constraints of the Rules of Professional Conduct, and by traditional understandings of the appropriate role of lawyers. However, a reconceptualization of the role of …


The Legal Advocate And The Questionably Competent Client In The Context Of A Poverty Law Clinic, Diana A. Romano Jul 1997

The Legal Advocate And The Questionably Competent Client In The Context Of A Poverty Law Clinic, Diana A. Romano

Osgoode Hall Law Journal

Advocates representing the poor must, above all, take into account the extreme vulnerability of their clients. This challenge is heightened where one suspects that a client may lack the capacity to provide appropriate instructions. This article considers the issue of how competency should be defined and the options available where incompetency is determined. Ultimately, advocacy must include personal empowerment as well as legal representation.