Book contents
- The Role of Lawyers in Access to Justice
- The Role of Lawyers in Access to Justice
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Appendices
- Contributors
- Foreword
- Acknowledgements
- Abbreviations
- 1 Understanding and Comparing Access to Justice
- Part I Access to Justice in Asia
- 2 Pro Bono, Legal Aid, and the Struggle for Justice in China
- 3 Access to Justice in India: Managing Multiple Mechanisms in a Restrictive Practice Environment
- 4 Access to Justice in Indonesia: Searching for Meaning
- 5 Access to Justice and Lawyer Independence in Japan
- 6 Improving Access to Justice in Malaysia: Introspection, Purpose, and Dynamism
- 7 Political Lawyers and the Legal Occupation in Myanmar
- 8 Alternative Lawyering versus Pro Bono in the Philippines: From Challenging an Authoritarian Government to Working with the State
- 9 Access to Justice in Singapore: A Government and Lawyer Dynamic
- 10 Public Interest Lawyering in South Korea: Standing on the Shoulders of Giants
- 11 A Hub, a Knot, and a Powerhouse: The Legal Aid Foundation and Access to Justice in Taiwan
- 12 Lawyers and Democratic Centralism in Vietnam
- Part II Comparative Perspectives on Access to Justice
- Index
6 - Improving Access to Justice in Malaysia: Introspection, Purpose, and Dynamism
from Part I - Access to Justice in Asia
Published online by Cambridge University Press: 29 September 2022
- The Role of Lawyers in Access to Justice
- The Role of Lawyers in Access to Justice
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Tables
- Appendices
- Contributors
- Foreword
- Acknowledgements
- Abbreviations
- 1 Understanding and Comparing Access to Justice
- Part I Access to Justice in Asia
- 2 Pro Bono, Legal Aid, and the Struggle for Justice in China
- 3 Access to Justice in India: Managing Multiple Mechanisms in a Restrictive Practice Environment
- 4 Access to Justice in Indonesia: Searching for Meaning
- 5 Access to Justice and Lawyer Independence in Japan
- 6 Improving Access to Justice in Malaysia: Introspection, Purpose, and Dynamism
- 7 Political Lawyers and the Legal Occupation in Myanmar
- 8 Alternative Lawyering versus Pro Bono in the Philippines: From Challenging an Authoritarian Government to Working with the State
- 9 Access to Justice in Singapore: A Government and Lawyer Dynamic
- 10 Public Interest Lawyering in South Korea: Standing on the Shoulders of Giants
- 11 A Hub, a Knot, and a Powerhouse: The Legal Aid Foundation and Access to Justice in Taiwan
- 12 Lawyers and Democratic Centralism in Vietnam
- Part II Comparative Perspectives on Access to Justice
- Index
Summary
Malaysian lawyers have a number of formal structures in which to meet their access to justice obligations, including the government-funded National Legal Aid Foundation and the lawyer-funded Bar Council’s semi-mandatory pro bono scheme. These systems, together with the constitutional guarantee of the right to legal counsel, establish the foundation for access to justice in Malaysia. This chapter critiques current pro bono practices in support of access to justice and presents the first survey of Malaysian lawyers on pro bono lawyering. While acknowledging the lack of publicly available information and empirical data, the chapter argues that access to justice is hampered by budgetary constraints and piecemeal reforms in civil legal aid, the limited extent of access to justice for women and foreigners, and a politically visible but relatively unimpressive pro bono culture amongst lawyers overall. There is a critical need to challenge the primacy of current thinking and discourse, regarding participation from the government, the Bar, and leadership, at every level. For a start, the chapter recommends a baseline study on criminal legal aid, an open and transparent reform of civil legal aid, and approaches to strengthen pro bono culture amongst lawyers.
- Type
- Chapter
- Information
- The Role of Lawyers in Access to JusticeAsian and Comparative Perspectives, pp. 98 - 123Publisher: Cambridge University PressPrint publication year: 2022