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BAILII – worthy of your urgent attention



They say you’ll only miss something when it’s gone.

I hope people will not be saying this of BAILII – if it happens that due to market forces it goes into extinction. Market forces have already seen an uninspiring impact on the legal profession, though making certain CABx go into liquidation in a ‘survival of the fittest’ Darwinian legal-economic climate. Even the new model legal curriculum promises to see the unprofitable ends of law get elbowed out, whether this be immigration, housing, disability benefits or asylum, as the ‘wealth creators’ get shoehorned in, such as share acquisitions and private equity.

As a website, BAILLI may not look snazzy. It may not achieve millions on the London Stock Exchange in the near future. It does, however, offer an incredible resource for law and is entirely free-of-charge and public, meaning any member of the public can look up judgments. Try it – here.

You probably don’t want to go there to see lots of targeted ads anyway based on your demographic profile. You may wish to be able to read any judgment from recent years, if you believe in access-to-law for all. Yet, this amazing website is facing financial difficulty. I have spoken to Joseph Ury of BAILLI who is one of the most genuinely nice people you will ever meet. He continues to explain the situation with modesty and politeness, but never with an ounce of anger.

The thing about BAILII is that it typifies innovation, as a popular, easy-to-use, effective resource where the user feels utterly involved. BAILLI is not a simply static invention, a repository of useful and redundant information; it fosters a culture of discovery, research, knowledge transfer and knowledge sharing. It allows things like the ‘Medici Effect’ and the ‘next adjacent’ in innovation to happen for real – in other words, as a legal academic or legal practitioner, you can make groundbreaking connections between diverse subject areas which you never knew had existed.

If you think this is something worth supporting, I strongly urge you to go to the new Facebook page here.

And make sure you follow @BAILII on Twitter here! 

Make yourself known, and contribute to something worth protecting in this ideologically-driven age of austerity.

Finally, I strongly recommend you to look at the work of my peers/colleagues in this regard:

Saving Private Bailii and the Legal Communication Revolution (by @ilegal)

http://ilegality.tumblr.com/post/24123840258/saving-private-bailii-and-the-legal-communication

Justice’s hidden backbone – a tribute to BAILII (by @adamwagner1)

http://ukhumanrightsblog.com/2010/11/18/justices-hidden-backbone-a-tribute-to-bailii/

BAILII – by @familoo

http://pinktape.co.uk/uncategorized/bailii/

BAILII needs your cash regularly (by @nearlylegal)

http://nearlylegal.co.uk/blog/2011/06/bailii-needs-your-cash-regularly/

 

 

Law centres and legal aid funding



This is not a headline you will normally see.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Firstly, I should like to acknowledge Krish, who tweets at @TheTCHawk, for providing the inspiration for this blogpost. He has recently written on his experience with the Citizens Advice Bureau for which he works.

Instead, I have been working in a famous law centre in London for the last few months. This has been an incredibly rewarding for me, as I am looking forward to studying law further in my LPC in January 2012. I have already spent four years in legal training, but one of the many things that I have learnt of some importance is that lawyers do not get emotional.

Once I was aghast when a law student tweeted at a friend of mine, “Is there a difference between a law centre and a CAB?” However, it was a perfectly reasonable question.  As members of law centres, we must confront this issue of what we’re (=law centres) doing that’s different from CABs. Marketing professionals must have an understanding of the awareness of any particular brand, for example the CAB or the law centre, before proceeding to develop a marketing strategy. I feel that law centres will need to develop a professional marketing strategy to raise their awareness amongst the community and investors. In my belief, whilst the CABx brand is very strong indeed, perhaps for historical reasons, the ‘Law Centre brand’ is virtually non-existent in comparison. I would be interested to know whether this is borne out by any hard data.

I have been thinking about how my law centre, especially my area of welfare benefits advice for disabled citizens like me, can benefit from alternative sources of funding, like the Big Lottery Fund, but this fundamentally depends on what pitch I should make. Is it that we are any more central to the communiy than the CAB? Or is it that we have more specialist qualified legal advisors than the CAB who can act as advocates? Are any generalisations possible or warranted? Furthermore, legal aid funding affects private practice stakeholders, as well as legal centres and CABs, and market forces affect all three. For all stakeholders to benefit the public the most, which is their ultimate aim after all, they need to have a clear idea of their values and which services they’re providing, so that all stakeholders can achieve optimal market and strategic positioning in a crowded, funding-challenged, market, perhaps.

Whatever – I personally think all legal practitioners should be given support, acknowledging that funds are limited. but funding bodies will have to prioritise unfortunately. In fact, a focus on funding may have the beneficial effect of providing better precision to all stakeholders in their strategy and core competences of their legal services, whatever sector they are in. However, fundamentally, I most agree with the observation that, at this late stage, arguing over a sense of entitlement is totally unhelpful. It is desperately important that we fight until the end for our common purpose in protecting legal aid. I would find it very hard to support law centres if they wished to campaign at the expense of CABx or other stakeholders, but they should think about how they differ from other stakeholders when applying for London Borough grants for community investment or structural upkeep, I feel.

Immediately this throws you into the territory that, as a lawyer to-be one day hopefully, I am getting emotional. Worse than that, I am getting political. Of course, central to the whole debate, is access-to-law and the rule of law. The Law Society and Bar Council provide that the legal aid cuts offend this fundamental right, and indeed many blogposts and the Guardianistas have thus far pressed home this  vital point. However, an issue that my colleagues in the Law Centre I work at feel enormous frustration at the fact we are simply unable to get our message across.

We have, as citizens of society, to acknowledge that no political party will be in power forever, and it is not impossible that this Bill will become repealed in time or amended drastically. I feel that all employees in all legal institutions should not feel frightened in giving a voice to the opinions of citizens wishing to protect legal aid, and should be allowed to express such opinions in this organisational change.  As part of my MBA, I studied in enormous detail critical success factors for relatively-rapid organisational change like this in the public sector, and by far the most important issues are trust and openness in the followers (including legal professionals) in ensuring the change goes smoothly. This is in addition to the demanding structural changes which are necessitated in this reform.

An issue is that the Legal Aid and Sentencing Bill, as proposed, could have a selectively detrimental effect on certain groups of society, including the disabled. Many of us have been prone to defend our own patch, and there is somewhat an element of ‘divide-and-rule’ in the debate which has ensued. Yet again, whilst I find repugnant that welfare benefits legal advice is being cut at the expense of some other fields of law, I feel that we all should be pulling in the same direction of protecting all areas of law (but especially for the socially disadvantaged.)  In other words, lawyers and bloggers appear to the outside world to be not “in it together“,  talking at cross-purposes, and becoming constituted by tribalistic vocal subgroups which are easy to ‘defeat’ as a whole. Secondly, I believe, that there is an element of where looking forward to the holiday has become more exciting than the holiday itself. I had a feeling of this in our opposition to the Health and Social Care Bill, where Labour loved opposing, but were completely incompetent in articulating arguments about competition, quality, value and cost in the NHS. Indeed, further, like perhaps #OccupyLSX, the opposition for the left has become more exciting than the substantive points of the opposition itself; I do not deny the inspiring success of @SoundOffJustice, and others. In fact, I met them at the DODS meeting in September, and was overawed personally about how much passion they had put into their campaign.

Thirdly, some elements of the ‘progressive left’, for example the Liberal Democrats, perhaps could have been more articulate about the effects of the legal aid policy on children, families, and wellbeing, which are now central planks of Liberal Democrat policy. Fourthly, whatever the reasons for it, the Legal Services Commission has been criticised, and there is a huge amount which could be done to improve the legal aid funding mess which has developed for a number of decades, including the last Labour governments? Whilst I do not feel the need to be perjorative in quoting the “most expensive service in Europe” statistic, which is actually untrue, we do need to address how best to develop legal aid funding. Fifthly, and this is an economic and quasi-political argument, I am a Keynesian and I do not agree with the ‘maxing out the credit card analogy’, but likewise, albeit as an utilitarian, I do believe we have to prioritise given the deficit which has come around in a large part through recapitalising the banks in #gfc1 (a policy which I am still uncertain about).

Finally, we need to get people interested in this subject in the media. I don’t mean the Guardianistas necessarily, otherwise we’re preaching to the converted. Whilst Sepp Blatter and racism, superinjunctions, anonymised injunctions and Andy Marr, and the BBC’s Children in Need are very important issues, we could do with much more focused coverage and debate of the Legal Aid and Sentencing Bill. I think this is essential, as I bet my life that this will obtain Royal Assent without any difficulty in due course.

LegalAware campaign poster



This is our new campaign poster.

Hope you like it!

You can download it [poster made available to download].

Hugh's Fish Fight



HUGH’S EXPERIENCE

Hugh_Parliament.jpg

“For the past few months, I have been travelling around the UK meeting fishermen, marine conservationists, politicians, supermarkets bosses, and of course fish-eating members of the public,” says Hugh.“My experience, and how it has changed the way I think about fish are shown in Hugh’s Fish Fight (broadcast 11th, 12th, 13th January 2011) as part of Channel 4’s Big Fish Fight.

Watch all three programmes on 4oD.

“This season featuring programmes from fellow chefs Gordon Ramsay, Heston Blumenthal and Jamie Oliver, aims to champion sustainable seafood and celebrate lesser known delicacies of the deep.

“This website, fishfight.net is the campaign hub accompanying Hugh’s Fish Fight and will be continuing its work over the coming months. Here you can find out more about the issues raised in Hugh’s Fish Fight and lend your support to the campaign. You can also follow the progress of Hugh’s Fish Fight on Facebook and Twitter.

“Hugh’s Fish Fight is supported by a wide coalition of environmental Non-Governmental Organisations (NGOs) and, we hope, by a growing number of fishermen and policy makers too. A vital part of the campaign, and the area where we are currently looking for public support, is the issue of discards at sea.”

DISCARDS AT SEA

Around half of the fish caught by fishermen in the North Sea are unnecessarily thrown back into the ocean dead.

The problem is that in a mixed fishery where many different fish live together, fishermen cannot control the species that they catch.

Fishing for one species often means catching another, and if people don’t want them or fishermen are not allowed to land them, the only option is to throw them overboard. The vast majority of these discarded fish will die.

Because discards are not monitored, it is difficult to know exactly how many fish are being thrown away. The EU estimates that in the North Sea, discards are between 40% and 60% of the total catch. Many of these fish are species that have fallen out of fashion: we can help to prevent their discard just by rediscovering our taste for them.

Others are prime cod, haddock, plaice and other popular food species that are “over-quota”. The quota system is intended to protect fish stocks by setting limits on how many fish of a certain species should be caught.

Fishermen are not allowed to land any over-quota fish; if they accidentally catch them – which they can’t help but do – there is no choice but to throw them overboard before they reach the docks.

THE SOLUTIONS

Discard

We need to diversify our fish eating habits, and we need to change policy so that it works for fish, fishermen and consumers.

The Common Fisheries Policy (CFP), which is the political framework for the quota system, is currently being reformed for 2012. Scientists and environmental groups have suggested a number of ways that that the policy can work to protect fish stocks. Some details of these can be found on our solutions page.

Re-writing the Common Fisheries Policy is going to be an enormously complicated business, and unfortunately there is no one easy solution to ending discards. Many people agree that the answer will lie in a combination of different ideas and policies.

WHAT CAN YOU DO?

•    Sign up to the campaign on the sign up page. You will be writing directly to policy makers in Europe to let them know that the unnecessary and unethical discarding of perfectly good fish must stop. We can make a difference. If enough people sign up to the campaign, they have to listen to us. We aim to get 250,000 signatures by summer 2011.

•    Write to your MP to ask them to support the Fish Fight Early Day Motion.

•    Expand the selection of fish that you eat by trying some of the lesser-known species of local fish currently being discarded as trash. In the UK, cod, salmon and tuna account for more than 50% of the fish that we consume, and tasty, exciting and nutritious fish such as flounder, dab, coley and pouting are overlooked and thrown away.

•    Spread the word, tell all of your friends and family about Hugh’s Fish Fight and get them to sign the campaign too.

Together we can stop this ridiculous carnage. Join Hugh’s Fish Fight now!

Thanks very much,

Hugh's Signature

Hugh Fearnley Whittingstall

(C) Hugh’s Fish Fight 2011 http://www.fishfight.net/the-campaign/

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