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Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience
Author(s) -
Kilian Matthias
Publication year - 2003
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/1467-6478.00244
Subject(s) - german , economic justice , principal (computer security) , political science , law and economics , legal profession , law , business , sociology , archaeology , computer science , history , operating system
The literature suggests that the main barriers to justice range from a general lack of knowledge about legal rights, and the related prevalent use of technical language within justice systems (which has led to commentators describing law as a ‘leviathan’), to a vague ‘fear of the unknown’. In Germany the principal barrier is thought to be the problem of funding legal services. Empirical research indicates that the question of whether or not to consult a lawyer is primarily one of cost, although over one–third of potential clients have little idea about lawyers’ fees. To find ways to surmount this barrier is therefore of paramount importance for a modern society. In broad terms, there are three potential attitudes to legal costs: reliance on one's own resources; hope for third party assistance (such as legal aid or pro bono ); and insurance. This article concentrates on the last of these three options, comparing, in particular, the systems in Germany and England and Wales.