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The
two distinctive features of law-centre organisation are management committees
which include elected representatives of the users of the service, and
collective working among the staff. Despite the many problems associated
with both of these structures, I believe they have served those who need
law centres well, which is of course how they should be judged. For that
reason they are preferable to the likely alternative of appointed civil
servants and lawyers directing hierarchies of staff (see Kennedy in this
book; Watkinson in this chapter). There has recently been renewed discussion
within law centres about collective working and some moves to dispense
with it. This will seem to some an arcane debate, but it is in fact quite
instructive about law centres generally. After all, it is impossible to
discuss ways of organising without considering the aims and objectives
of the organisation.
First,
a description. Collective working means that the staff employed at a law
centre are not organised in a hierarchy under a manager or director, but
work as a team In which each person not only collaborates closely with
the others but also participates in decision-making. This is usually done
at a weekly staff meeting which proceeds by way of consensus, or failing
that by majority vote with each member of staff having one vote.
It
should be emphasised that collective working refers to how the staff operate.
It does not mean that law centres themselves are co-operatives or collectives.
Law centres are generally limited companies (by guarantee) whose directors
form their management committees. This body employs the staff and is responsible,
among other things, for directing the work they carry out and for internal
discipline. It stands in a hierarchical relation to the staff as a whole.
It
will be apparent that for collective working to succeed all the staff
must have a shared understanding of and commitment to the goals and working
methods of the organisation. Further, each person must make an equal input
and take equal responsibility for the work that is carried out.
The
fact that strict equality in these matters is obviously impossible, if
not meaningless, does not mean that it is at all difficult to get a workable
sort of equivalence. This is certainly much easier to achieve if differences
in pay and the division of labour among staff are both minimised. This
is why pay parity and self-servicing are the usual concomitants of collective
working.
If
staff are prepared to take equal responsibility and make an equal effort
it is not unreasonable for them to expect an equal reward. If staff of
widely differing skills undertaking very different functions are employed
(lawyers and secretaries) then it will be more difficult for them to work
effectively in a collective way. For example, staff undertaking only clerical
work will find it more difficult to contribute to discussions about legal
strategies, and staff undertaking only legal advocacy will be at sea about
the problems confronting clerical staff.
This
is not to suggest that the only successful collective is a homogenous
one, but simply that the more the members of the collective are involved
in broadly similar work the easier it will be for them to pull together,
and for each person to make a useful contribution to collective decision-making.
Some
differences in both pay and work are inevitable. For example, at some
law centres all staff begin at the same rate but receive annual increments
thereafter. Over the years this can lead to substantial differences, although
nowhere near as big as those in private practice or local authorities.
Also, everybody has the same prospect of achieving the top rate simply
by remaining in post. This system is adopted to encourage staff to stay
in what for many of them is a relatively low-paid job. The most obvious
example of differences in work undertaken is to be found in the many law
centres which have a bookkeeper who does no other work at all. It is generally
accepted that this task is sufficiently specialised to justify a separate
post.
Nevertheless,
the wider the pay differentials and the more advanced the division of
labour (into, for example, receptionist, caseworker, project worker, bookkeeper/administrator,
lawyer, secretary, fundraiser), the more difficult it will be to sustain
a collective approach.
A proper understanding of the role of the staff meeting is important.
The staff meeting, in addition to being the focal point for combined effort
and co-operation, is also the collective middle manager or line manager
between the management committee and the individual staff. The staff,
when they come together in the meeting as the collective manager, must
have a very clear idea about the nature and extent of their managerial
function: how far they can direct individual staff, when they can delegate,
when they must report to the management committee and so on.
Practice
varies, but given the small size of law centres and the proximity of working,
the staff meeting usually has no formal disciplinary function, although
it may make recommendations to the management committee. The meeting must
exercise the considerable power it does have in a sensitive way, but it
must have authority. It must not be oppressive in the use of the majority
vote, but neither must it allow individuals or groups the power to veto
its decisions in an irresponsible way.
The
staff meeting is to be sharply distinguished from the union meeting. Staff
meetings are management meetings, whose prime purpose is to manage the
service efficiently. Union meetings are workers' meetings, whose sole
purpose is to advance the interests of the staff as employees. The fact
that the same people, as employees and collective managers, attend both
meetings obviously complicates matters, but for that very reason it is
important for the distinction to be observed. If, for example, it is convenient
for union meetings to follow staff meetings, they should have a different
chair or convenor to mark them out. In this way it is much easier to identify
the inevitable conflicts of interest which arise between the roles of
manager and worker, and to deal with them properly. It also helps clarify
the relationship of employer and employee, between the staff and the management
committee, which is easily obscured by the close working partnership that
usually exists between them.
There
may not be any one law centre which operates collective working according
to the model described here. Many would no doubt dispute the description
itself; The majority, however, have largely subscribed to something like
this in spirit, if not to the letter, for the past 20 years, and usually
operate it in some form. Adjustments will always have to be made to fit
local conditions, financial constraints and the particular skills and
predilections of the team in post. In any event, it is a mistake to approach
the matter in a rigid way.
Concentrating
on keeping a balanced, team approach is much more important than worrying
about literal infringements of the principle, many of which will, in any
case, Inevitably result from outside pressures.
This
leads us to the question: why bother with collective working? Is it not
a nightmare to operate - difficult to get staff, fraught with tensions
and, above all, inefficient? There is certainly ample evidence of self-indulgence
and ill-discipline in its operation, particularly In terms of the hobby-horsing,
guilt-tripping and personal-politicking to which staff meetings, the central
mechanism of collective working, are vulnerable, especially given the
generally libertarian temper of law-centre staff. On the other hand, there
is no reason to suppose that a more hierarchical structure would operate
any better in these respects. There is no shortage of examples from other
organisations of lazy, oppressive, self-indulgent and corrupt hierarchies.
More
importantly, the central charge of inefficiency usually begs the question
as to what law centres should be efficient at. They do not, for example,
have the same aims as a legal aid practice, where a sharp division of
labour and a clear command structure are probably necessary to get through
as many cases as profitably as possible while at the same time providing
a good legal service.
Law
centres, however, are trying to deliver something more than that. Good
legal advice and representation are, of course, crucial, especially in
those areas where for want of legal aid or private practice expertise
many people would receive no legal service at all. But law centres are
also more ambitious: addressing policy issues in the delivery of legal
and public services generally; enabling local organisations to flourish
with advice on constitutions, incorporation, charitable status; under-taking
group work with tenants' associations, planning groups, women's groups;
responding to local issues which affect many people, such as a planning
redevelopment or rehabilitation programme; campaigning on specific cases
(for example, deportations) or specific pieces of legislation; informing
and educating the public about a wide range of procedures and entitlements.
Law
centres try to stretch available resources to help as many people as possible.
This involves undertaking individual reactive casework along well-established
tracks. It also involves deploying a variety of methods of working: researching,
lobbying, negotiating, publicising, organising, campaigning, as well as
the fresh application of traditional legal skills. It involves developing
new strategies and remedies which are apt to improve the quality of life
for people in their localities.
It
is in this context that both a mixture of skills and a team approach are
vital. Most law centres employ not only lawyers but People with other
skills and experience, for example in local or national government, race
relations, community organisations, languages, education, journalism,
trade unions, women's groups etc. They also try to ensure that women and
black people, for example, are properly represented on the staff, not
only as a good employment practice, but also to include on the team those
who have a fuller understanding of the problems facing users.
A
team of this sort will find it easier than a team of lawyers to address
the problems of a locality in a creative way. It will be able to consider
legal, quasi-legal and other strategies, and will be less constrained
by consideration of the existing legal remedies. For example, an increase
in the number of applicants declared intentionally homeless may be dealt
with by way of renewed attention to judicial review proceedings or by
representations to local councillors and participation in a local campaign
or a combination of these.
If
the team is dominated by a lawyer, and it is usually a lawyer at the top
of a hierarchy when one is introduced, there is a real danger that the
formulation of policy and priorities will be dominated by a legalistic
approach. As it happens, this is the trend already in law centres, where
traditional legal casework and routine legal aid gap-filling work now
squeezes out more experimental approaches.
Whether a lawyer is head of the hierarchy or not, the dictum that several
heads are better than one is particularly apposite in the case of law
centres. Staff have to address problems of considerable social complexity,
and to do so from several perspectives; the idea that one person is likely
consistently to reach better decisions than a group is not very convincing.
Each
member of a hierarchy has a role which is defined firstly in terms of
their position within the organisation. Each member of a collective, by
virtue of their joint responsibility, takes a more proprietorial interest
in the organisation and is more likely to look outwards. More traditionally
organised offices, therefore, tend to be more insular and present a more
formal face to the public. As a result they are not only less accessible
to those who need to use them, but also less sensitive to their problems
and needs. The more relaxed, informal atmosphere of law centres and their
external orientation not only offers a more sympathetic service, but also
narrows the distance between expert and client. This encourages understanding
and co-operation on both sides and can lead to very fruitful joint work
(see Ritchie, 1991).
It
may be objected that it is the lob of the management committee to formulate
policy, and for the staff to carry it out. This is true, but it does not
follow that the way staff ate organised is simply a technical matter.
Committee members obviously bring their own agendas to the task of developing
policy and allocating resources. They can only do the job properly, however,
if they are presented by staff with the information necessary to complement
their own knowledge, and given the opportunity to make real choices between
competing strategies and between areas of work which the staff could undertake.
It will be apparent that the role of the staff is crucial, and so it will
be equally crucial how they carry it out. It should also be apparent that
the work and experience of a collectively organised staff is more likely
to be fully available to management committee members than if it were
funnelled through a single director.
There
is no doubt that collective working is attractive to many individual members
of staff, simply in terms of pay and working conditions. After all, it
offers a greater degree of control over work, a greater level of participation
in the decision-making process, and greater co-operation with others in
the planning and execution of tasks than is normally available to many
employees. Some staff (especially those who were around at the time that
collective working and elected management committees developed in the
early 1970s) feel that these structures, imperfect as they are represent
in embryonic or prefigurative form the way the workers should organise
in the future, and see themselves as setting an example and paving the
way in that direction. It is not necessary to embrace such utopianism
to welcome new and improved ways of organising our wage-labour.
Collective
working, however, will be fudged mainly on whether it has delivered the
goods to the people who need them. Law centres are justly criticised for
the conduct of some of their internal problems and for the consistency
and quality of some of their work. On the other hand, given their pitiful
resources and their constant funding struggles, they can also boast a
formidable list of achievements in terms of court victories, successful
campaigns, policy issues raised, procedures developed and very substantial
and tangible gains won for their clients. More than anything else, they
have proved that there are ways of delivering legal services which are
much more flexible and responsive to the needs of ordinary people than
anything we have seen before.
The
contribution of both elected management committees and collective working
to that success is much underestimated. Law centres continue to face problems
of recruitment, of organisation and of the allocation of skills and time
in the office. The biggest problems they face, however, concern a crisis
of clarity and confidence about their aims and potential, and, Indeed,
about their achievements. That is another discussion, but adopting hierarchies
and renouncing collective working would, I believe, compound rather than
resolve those problems.
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