What Falls under Public Interest Law
It may be helpful for alumni to take a look at PSJD and Idealist, both of which host databases of public benefit organizations, as well as descriptions of the work and missions of these organizations and descriptions of jobs, internships, and scholarships currently available in these organizations. The Family Court Clinic is a program designed to help make the legal system more accessible to low-income, unrepresented individuals with divorce, post-divorce, paternity and injunctions. Students do not serve as lawyers, but as facilitators/mediators who work with the parties to prepare cases for decision. Students receive a solid training in interviewing, counselling and negotiation, and learn the basics of family law. Last but not least, the attorney may also work in government in the public interest, whether in state and federal prosecutors` offices or in government agencies, including attorney general`s offices. Work may focus on both domestic and international issues, including human rights. Public interest employers hire independently and on an ad hoc basis, and students typically secure positions through networking, direct contacts and recruitment events. The Office of Public Interest and Community Services (OPICS) coordinates numerous recruitment and networking programs with public interest employers throughout the year. One of the largest national recruitment events is the Equal Justice Works job fair each fall.
The term “public law” was widely used in the United States during and after the social unrest of the 1960s. It built on a tradition exemplified by Louis Brandeis, who, prior to becoming a justice on the U.S. Supreme Court, integrated public advocacy into his legal practice. In a famous speech in 1905, Brandeis denounced the legal profession and lamented that “competent lawyers have largely become appendages of big business and have neglected their obligation to use their power to protect the people.” [27] In the late 1960s and 1970s, large numbers of American law school graduates began to seek “relevance” in their work and influence the social issues that were so visibly and hotly debated in American society at the time. They defined themselves as public interest lawyers in order to distinguish themselves from the “corporate auxiliaries” mentioned by Brandeis. [28] Some public interest lawyers engage in “direct services” or “individual client representation” and represent individual, organizational or government clients in legal proceedings (e.g., litigation or administrative hearings) or transactional matters (e.g., contract negotiations or real estate transactions). This type of legal representation is very similar to that of the private sector, but with very different clients and circumstances. Other public interest lawyers engage in legal work that focuses not so much on representing individuals as on bringing about social or political change. This work may include lobbying, political advocacy, public education, community organizing and/or class actions, or influencing litigation.
Chinese reformers believe that one way to accelerate the development of the public interest law is to introduce an association rule that allows organizations to sue to protect the interests of their members. Currently,[when?] China`s Code of Civil Procedure is currently being revised. One of the proposed amendments would create some form of power of association. In theory, the new law would give national NGOs the power to sue on their own behalf on behalf of their members, but the proposed amendment has sparked heated debate and their fate is unclear. T62 [unreliable source?] In Hong Kong, the Legal Aid Department funds legal services provided to those who pass the means test. [12] The two legal aid schemes it operates, namely the Ordinary Legal Aid Scheme (OLAS) and the Supplementary Legal Aid Scheme (SLAS), have facilitated the practice of public interest law by reducing the disparity of resources between economically disadvantaged parties and the government. [13] However, NGOs and charities are not eligible for legal aid. [14] NGOs and charities helped open pathways for people who deserved justice but had no interest in going to court, helping them become supplicants for justice.
Deborah Rhode, a law professor at Stanford University, sums up the history of the movement in the United States: “Public interest advocates have saved lives, protected fundamental rights, established critical principles, transformed institutions, and ensured substantial benefits to those who need them most. In virtually every major American social reform movement of the past half-century, public interest advocates have played an important role. [29] Throughout its constitutional history, South Africa has experienced significant litigation in the public interest. During colonial rule and apartheid, legal disputes were used in the public interest as a weapon against unjust laws. At the end of apartheid, starting in 1979, three public interest organizations were established: the Legal Resource Centre, the Centre for Applied Legal Studies and Lawyers for Human Rights. Despite a hostile political environment and a legal system detrimental to the public interest, they have achieved notable successes in opposing forced evictions and the system of passport and other racist laws. [24] However, as early as the late 19th century, litigation was used as a strategy of resistance, particularly by early black lawyers, many of whom were among the founders of the African National Congress. [25] Explore resources for finding jobs and researching public sector employers. Whether representing the public or private sector, union lawyers provide legal advice to senior managers and constituents. Labour reform, worker cooperatives and bankruptcy law are areas of work in this area. Unlike the United States, where NGOs and human rights groups regularly file public interest lawsuits on behalf of injured people, in-house lawyers working in NGOs and charities in Hong Kong are not allowed to directly represent the people they serve. [20] Some commentators believe that the inability of NGOs to directly represent clients in court proceedings has held back the growth of public interest law in Hong Kong.