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?
• WHAT ARE THE DIFFERENT TYPES OF PARALEGALS?
• 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:
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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?
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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, EVIDENCEGATHERING 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:
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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
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THE FOLLOWING ARE THE GENERAL SKILLS REQUIRED OF PARALEGALS:
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
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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:
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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)
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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)
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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