Paralegal Training Report, 12 th - 15 th November 2013

Transcription

1 Paralegal Training Report, 12 th - 15 th November 2013 Since the inception of the National Agency for Legal Aid (NALA) in 2010, it has made tremendous efforts in delivery of legal aid services to the most indigent persons in The Gambia. However, financial and human resources constraints coupled with lack of interest by Gambian Lawyers to provide pro bono legal services have immensely affected implementation of legal aid in the country. To bridge this gap, NALA through the support of UNDP, collaborated with the University of The Gambia s Law Faculty to launch a Paralegal System. 35 students in their 3 rd and 4 th year at the Law Faculty and who are members of the Law Clinic at the Faculty were trained on Paralegalism from 12 th to 15 th November This idea was to enable students of the Law Faculty volunteer their time to assist in legal aid service delivery as they gain practical experience while handling real cases and working closely with lawyers which would be of great value to them once they graduate from the Faculty. Student Paralegals will support the provision of legal aid in the country by conducting intake assessment both at the Law Clinic facilities and at various community outreach programs organized by NALA throughout the country. Where necessary, student paralegals will be attached to the Magistrates Courts and District Tribunals to assist in legal aid and delivery of justice to the indigent persons appearing before these Courts. This initiative will see lawyers cut down the time spent on cases while at the same time provide law students with invaluable legal training as they learn how to assist the poor and marginalized in having better access to justice. Since the Primary aim of the Law Clinic is to go to Court as the last resort, paralegals will assist clients in alternative dispute resolution such as negotiation thereby seeing matters where necessary, settled out of court without the unnecessary delay occasioned by the Court processes. Paralegal Training Report 2013-NALA Page 1

2 Group Photo of Participants Participants in session Paralegal Training Report 2013-NALA Page 2

3 A training manual covering the following broad areas was developed by NALA in collaboration with the University of The Gambia Law Faculty;- Who is a Paralegal; qualities and skills of a good paralegal Role of a Paralegal looking into the best practices in Africa and expectations in the Gambian context Human Rights and Access to Justice The Gambian Legal System Conducting Legal Research Paralegal Code of Conduct How to handle sensitive clients Relationship between Paralegal and Client and Paralegal and Lawyer Simulation exercise on role of a paralegal A panel Discussion by Legal Practitioners on different common areas of practice within the Gambia and how paralegals can be of assistance. The training session commenced by welcoming remarks from the Executive Secretary of NALA Mr. Sanaa Dahaba who informed participants regarding the role of NALA in access to justice and some of the strides NALA has obtained since its inception. He also spoke about the need to strengthen legal aid service delivery through the use of paralegals there being a constraint in financial and human resource. Participants were then asked to list their expectations from the training as well as ground rules to govern them during the training. The first session of day one then kicked off with participants being taken through the meaning of Paralegalism, why paralegals are used in most jurisdictions in the world to promote access to justice and protect human rights and the difference between a paralegal and a lawyer. It was noted that participants were very interactive during this session as they were eager to learn as much as they could. Some participants wanted to know if they could be paid but were informed that the student paralegals will be working as volunteers. Since one of the major constraints NALA has is finances to hire more lawyers, it would not be possible to pay paralegals. Paralegals were urged to consider the value of the enormous experience they would obtain in the course of their work rather than money. They were further informed that accepting Paralegal Training Report 2013-NALA Page 3

4 money or gifts from clients would amount to gross misconduct one that the faculty will have to take stringent action against. The difference between a Paralegal and a Lawyer was explicitly pointed out and participants were informed that while a Paralegal would be assisting clients to obtain justice through provision of legal advice and intervention with authorities, they cannot provide legal representation in Court as they lack capacity to appear and address the Court since they are barred Legal Practitioners. Participants were asked to list qualities and skills they think would be relevant to Paralegalism. The qualities and skills listed included excellent communication skills; listening skills; interviewing skills; non judgmental; negotiation skills; advocacy skills; report writing skills; research skills; integrity and professional ethics among others. In session two of day 1, roles of paralegals was discussed and the facilitator covered best practices in other jurisdictions with an emphasis on Malawi, Sierra Leone, Uganda, Kenya, South Africa and Ghana and pointed out what would work best in the Gambian context. To culminate day one of the program, facilitators discussed the concept of human rights broadly and access to justice specifically. This was done to bring to the attention of participants the link between access to justice as a fundamental human right and one without which other rights such as one to fair trial cannot be attained. This was also to enable participants appreciate the role of paralegals in access to justice programs within the Gambia and encourage them to volunteer as Paralegals. Day two of the program commenced with a recap of the topics discussed in day one and was facilitated by two participants. It was clear from the responses that participants had grasped most of the areas covered the previous day. The first session of day two was on how to handle sensitive clients especially women and children. Participants were informed that they have to empathize and not be judgmental; exercise patience; avoid being emotional and too involved with the client; avoid asking the client embarrassing questions; ensure safety of the client; reassure the client of confidentiality of the information shared among others. Participants were once again reminded of the need to have a proper introduction as to who they are when they receive a client in their offices. Paralegal Training Report 2013-NALA Page 4

5 Session two of day two was on legal research. This was essential since Paralegals will be working hand in hand with lawyers where cases have to go to Court and will be assisting lawyers to conduct legal research on the case amongst other things; Paralegals were taken through how to conduct Legal Research within the Gambian context by NALA s Legal Counsel Ngozi Gbuji. She explained to participants how to use cases previously decided on as precedents in their current case and which cases would be binding on which Courts in The Gambia. She also explained to participants how to conduct research using existing statutes. Participants were given an exercise to conduct a legal research which they adequately did. To conclude day 2, the Solicitor General Honorable V. P Mahouney did a presentation on the Gambian Legal and Judicial System. He spoke of the different laws applied in the Gambia including the 1997 Constitution; Customary Laws; Statutes enacted by the National Assembly; Common laws and principles of equity; Sharia Laws in as far as it pertains to marriage, divorce and inheritance etc, and how these laws would apply to cases within the Gambia. He later covered the judicial structure of the Gambia from the subordinate Courts to the highest Court of the land being the Supreme Court. This session was conducted to enable participants know where to look for the laws and jurisdiction limit of Courts in The Gambia. In view of the fact that Paralegals will be having a relationship with clients, it was agreed that a Code of Conduct should be put in place which all Paralegals must execute and abide by during the course of their work. A discussion on the Code of Conduct instigated day 3 of the Program and participants were given an opportunity to play an important role in setting out some of the rules they wanted to govern them. A conclusive Code of Conduct was developed containing the following; Confidentiality Not to accept money or gifts from clients Due diligence Duty not to engage in any fraudulent acts Paralegal Training Report 2013-NALA Page 5

6 Disclose designation to the client by clearly informing him that you are a paralegal and not a lawyer Treat each case differently but within the law Non discrimination of clients based on religion, sex moral beliefs etc Respect to client, lawyer and colleagues Professional ethics including; decent dressing at all times, good grooming, time management etc No plagiarism Accountability for action and in actions Honesty to client: Do not make promises to clients regarding their cases. Always inform them that you will handle the case to the best of your capability Clearly state to the client the need to take notes This was followed by a discussion on the relationship between Paralegals and clients as well as Paralegals and lawyers. Of importance was respect to client as well as the lawyer; time management; being organized and honest at all times. It was pointed out that Paralegals will be the link between clients and other legal aid service providers such as NALA, Female Lawyers Association of the Gambia (FLAG) and Gambia Bar Association (GBA). The Mean and Merit test concept applied by NALA was introduced to participants. They were informed that NALA applies means and merit test to other cases that come to them other than cases of capital offence and children cases which they are under the Legal Aid Act 2008 mandated to represent. Further that NALA would still provide advice even to cases that don t meet the mean and merit test but not legal representation in Court. It was pointed out that since Paralegals will be working under the umbrella of NALA they will have the responsibility of applying mean and merit test to cases other than capital offence and children s cases. Paralegals were informed of their duties as follows; Paralegal Training Report 2013-NALA Page 6

7 Conduct client intake Conduct background research on cases Refer cases to NALA using the referral memorandum Document all processes Conduct means and merit test as applied by NALA Undertake all tasks as assigned by the lawyer Accompany clients to the local authorities and other institutions Make follow ups with relevant authorities Day 3 of the program ended with Participants undertaking a simulation exercise on the roles of a paralegal. Participants were divided into 8 groups consisting of 5 participants including a lawyer, paralegal(s), client and local authorities. The aim of the simulation exercise was to bring out the roles of paralegals in client intake, intervention with local authorities, collaboration with colleagues and relationship with the lawyer. Participants were given 30 minutes to do their role play and 10 minutes to present to the panel. The final day of the Paralegals Training commenced with feedback by facilitators on the simulation exercise done by participants the previous day. Their strengths and weaknesses were pointed out and facilitators commended them for a job well done. The Panel Discussion comprising of Senior Counsel Gaye Sowe from the Institute for Human Rights and Development in Africa, Oledi Uduma Senior Counsel from NALA and Lawyer Ngozi Gbuji also from NALA. The Practitioners covered practical aspect of the legal practice in common criminal cases, children cases and family law cases and participants were given an opportunity to ask the panel relevant questions. The panel also discussed how significant Paralegals would be in The Gambia and specifically with regards to access to justice. To conclude the Program, participants were referred back to the expectations listed by them on day one to determine if the same had been met during the training. It was noted that all their Paralegal Training Report 2013-NALA Page 7

8 expectations were met and participants were indeed very happy with presentations by facilitators. They were then asked to list recommendations for follow up and a way forward and below are the recommendations participants came up with; Paralegals should be attached to Lawyers and Legal Institutions to assist in the delivery of legal aid to indigent and vulnerable persons in the Gambia. Paralegals should be guided by a Code of Conduct in the performance of their duties and should report to NALA since they will be complimenting legal aid service delivery. Paralegals to assist clients in drafting legal documents and obtain information from clients Paralegal system in the Gambia should be institutionalized Train Community Paralegals to assist District Tribunals in service delivery in the grassroots. Paralegals to mobilize and participate in focus group discussions with relevant communities/groups such as women, children on issues affecting them in the community so as to better empower them on rights. Paralegals to play an important role in Alternative Dispute Resolution mechanism after ample training and to ensure that Court is the last resort. This will see costs incurred by poor clients in litigation avoided where necessary. Sensitize the public on role of paralegals in the community through community outreach and radio programs. Need to conduct a countrywide legal awareness campaign on laws of the Gambia especially as pertaining to common issues such as land, tax, human rights etc. This will empower the general population so that they know how to protect themselves when faced with certain legal issues. Paralegal Training Report 2013-NALA Page 8

9 Upon the conclusion of the training participants were provided with copies of the Evidence Act, Children s Act, Women s Act, Criminal Code and Legal Aid Act. This will be used by paralegals for references during the course of their work. The Paralegal Training Manual is being developed and the same will be provided to participants as well as a Code of Conduct and Certificate of Participation. Meghan Waters of The University of The Gambia and Law Faculty giving an explanation to participants during the Paralegal Training Paralegal Training Report 2013-NALA Page 9