The origin of this resolution is the 2004 Lilongwe Declaration on Access to Legal Aid in the Criminal Justice System in Africa. In 2007, the Economic and Social Council requested the United Nations Office on Drugs and Crime to develop a global tool. Since 2009, expert groups from all continents, including the Open Society Justice Initiative, have met several times in Vienna to collect best practices and develop a draft that was reviewed by Member States in 2011. The result is a practical document that traces the criminal justice system from pre-trial to post-trial, highlighting a number of important elements: it is not just governments, individuals or tireless legal aid staff who can be court administrators. Companies also have an interest in this work. If companies are indifferent or try to exploit a rigged legal system, American society is unlikely to thrive. This is the more in-depth business case for the engagement, support and advocacy of legal aid that I will present to you here. Companies have an interest in ensuring that their disputes with others are resolved fairly, in a jurisdiction that is perceived to treat all litigants equally before the law, regardless of their size, wealth or power. In healthcare, we know that our work touches lives, often in personal ways. In order to be credible in the outcome of litigation involving such issues and to maintain public trust, the system must be fair not only to Merck and other companies, but also to individuals, including those with whom companies seek a legal solution. Sadly, Bo passed away in 2016, but his optimism and confidence in our legal team confirmed to me the social, moral and political commitment of all citizens – and especially the powerful – to reform our justice system for the better. Finally, advocacy organizations working to protect and promote the interests of those who most address the equity gap – those living in poverty, people of colour, women, immigrants, seniors, people with disabilities, and LGBT people – need to start addressing and prioritizing access to justice. Equal access to legal representation in the justice system is key to ending poverty, fighting discrimination and creating opportunities – especially now.
My portrayal of James Willie “Bo” Cochran, a death row inmate in Alabama who was falsely accused and convicted of murder, opened my eyes to the extraordinary injustice and injustice of our justice system and the difference competent legal representation can make. Mr. Cochran`s case also impressed me by the fact that all stakeholders in this company – businesses and individuals – have a duty to challenge the system as a whole to improve it. Civil legal aid refers to both free legal advice and legal information for low- and middle-income individuals to resolve civil law problems they may face. This can take many forms, including: As a recent example, I am proud that Merck, along with more than 180 other companies, is publicly advocating for congressional support for the Legal Services Corporation (LSC).6 The LSC was founded in 1974 with bipartisan congressional support as the largest funder of legal aid organizations in the United States. with more than 90% of its funds currently allocated to more than 130 different entities. Legal aid programs are distributed in each state and territory. The LSC is also a thought leader on how companies and in-house counsel can be involved in financial support and execution of pro bono work. Corporations have an interest in using our powerful voices to demand government support for the LSC and other organizations that fight daily for equal justice in America. Despite the number of beneficiaries, legal aid cannot meet the need for services.
According to the 2011 poverty statistics of the U.S. Census Bureau, 60 million Americans — one in five — were entitled to free civil legal assistance. Unfortunately, more than 50% of those who seek help are turned away due to limited resources. These statistics only describe those living below the poverty line and do not reflect the tens of millions of middle-income Americans who also cannot afford legal assistance. The United Nations Commission on Crime Prevention and Criminal Justice has just adopted a landmark resolution on “Access to legal aid in criminal justice systems” at a meeting in Vienna. The resolution adopts a set of “principles and guidelines” to ensure that access to legal information, advice and support is accessible to all through the provision of legal aid – thereby realizing the rights of the poor and marginalized and anchoring one of the key elements of a fair, humane and effective criminal justice system. Civil legal aid is provided free of charge by non-profit legal aid organizations, pro bono volunteers (lawyers, law students and paralegals), law schools, court services such as self-help centres, and online technologies such as document compilation and legal information websites. The largest funder of civil legal aid to low-income Americans in the United States is the Legal Services Corporation (LSC), which allocates more than 90% of its total congressional funding to 134 independent nonprofit legal aid programs with more than 800 offices serving every county and territory in the country.
LSC is governed by a bipartisan Board of Directors, whose 11 members are appointed by the President and confirmed by the Senate. LSC-funded programs help people living in households with an annual income of 125% or less of federal poverty guidelines. LSC-funded organizations represent approximately 25% of the total number of civil legal aid providers nationally. There are hundreds of independently managed, not-for-profit civil legal aid programs that do not receive funding from LSC and may focus on specific populations or issues (e.g., children, homelessness, people with disabilities, veterans, etc.), provide broader services, including legal aid, coordinating pro bono programs or specializing in self-help. Many of these programs and services are not limited to those earning up to 125% of federal poverty guidelines. Some programs may have funding that allows them, for example, to serve abused American seniors or domestic workers, regardless of income. Self-help and information services are available to all. “Civil Legal Assistance” or “Civil Legal Advice” refers to all of these programs. LSC encourages – and all non-LSC programs depend on it – the use of limited resources through partnerships and collaborations with other public and private donors for civil legal aid, including states and municipalities, interest on lawyers` trust accounts (IOLTA), government access to judicial commissions, the private bar association, philanthropic foundations and the business community. This deeper sense of corporate citizenship – people before profit – is linked to ensuring people`s dignity when they have civil or criminal needs.