Doing right by the community

Do lawyers have a responsibility beyond their duty to their clients? Sara Chandler explains how they are the only access to justice for many

Legal aid lawyers are constantly reminded of the impact of poverty, disadvantage and deprivation on their clients.

People on the margins of society suffer exclusion from social benefits that most of us take for granted.

Governments legislate for a safety net to provide basic human and social rights, but the most socially excluded neither know nor obtain their rights.

The impact of chronic low-paid, temporary employment and unemployment, poor education, poor housing and homelessness, linguistic isolation, learning difficulties, ill-health and disability, refusal and underpayment of welfare benefits, discrimination on the basis of gender, race, age or disability; all cause exclusion and fragmentation of the community.

Without access to justice, efforts to promote social inclusion by government, local authority, or charitable trusts will be wasted.

People outside the system are excluded from their rights and need access to expert legal services.

But do they get it? People often do not make the link between their problems and having the help of a lawyer to solve them.

Some are unable to articulate their problems, and obtain access to legal help too late in the day.

Many believe lawyers to be unapproachable or even threatening.

Lack of communication between some lawyers and clients also contributes to the problems of social exclusion.

High street lawyers know that for every client helped there are many more who fail to reach a solicitor.

Casework has an essential role in relieving the symptoms of social exclusion and preventing the impact of poverty, debt and homelessness on the most vulnerable.

However, there is a need to fight social exclusion by opposing the processes and structures that cause it.

The law centre movement was established in the 1970s to look at ways of going beyond expert casework and representation to tackle underlying causes and to carry out preventative work.

Solicitors in the not-for-profit sector work with communities to seek ways in which the law can assist more than individuals and serve the community as a whole.

The government agenda on combating social exclusion includes a focus on programmes regenerating the most deprived communities.

Some programmes focus on young children from impoverished families, or on young people at risk of unemployment; others look at regenerating run-down estates.

Where do lawyers fit in? Every local authority has a local strategic partnership to oversee the planning of social inclusion programmes over the next ten years.

As part of the business community lawyers can contribute using knowledge of their clients' situations.

Law centre and advice sector lawyers are part of the voluntary infrastructure and contribute to the local partnerships through the Community Legal Service Partnerships.

A law centre lawyer works within an ethos which includes community accountability, with management committees drawn from the local community and seeks community-based solutions with local participation.

Volunteer lawyers working in law centres and other not-for-profit agencies contribute to alternative ways of delivering legal services, some working with community groups.

Dedicated high street legal aid lawyers in remote areas are the only points of access to social justice for their clients.

All three groups focus on access to social justice in different ways and are committed to doing away with social exclusion.

Sara Chandler is a housing solicitor at Plumstead Community Law Centre in south-east London and the Law Centres Federation's vice-chairwoman