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Chicano conference programs and speeches, April 1973-May 1974

1974-04-14 Workshop IV, Chicano: Legal Process Page 2

2
The problems you run into are not in theory because this is just in the abstract. You start running into the problems when you start trying to enforce this principle when you say, this principle we are not treating everyone fairly in the eyes of the law. What are you going to do about it? How are we going to enforce this? Here, then I would like to get into some of the more negative aspects of the law. It has a lot of positive aspects and that is what most of this workshop will be about. But initially I would like to point out some of the hassles you are doing to run into even if you have a good case to take to court and get it resolved in your favor.
The first problem that you have, this will be emphasized throughout this workshop, is the fact that many people don't realize what kinds of legal rights they have. So the first problem is one of communication, in letting the people know what rights they have. Most people have an idea of what their rights are when it comes to police harassment. This is not the only area in which there are laws that can help you out, that can help La Raza out. There are laws in areas of employment, education, public placement. The first thing is many people do not even know they have a right to bring an action, they do not even realize there is anything they can do legally. Even if you have the knowledge that somebody does know or have a problem, dosen't want to do anything about it, you are going to find some people who will want to stay out of the courts. Just let it go, it is ok, even though they realize they can do something.
Another problem is the cost element. An idea of what exactly an attorney will charge you when you go to court. Typically it is about $15.00 per hour. It can go up to $80.00 - $100.00 per hour.
Another negative aspect is the time elements. In larger cities cases can go on for years. For example, you have been discriminated against in employment; what do you do in the meantime? So, the time element is a very serious element, that of croeded court dockets.
Now, there is of course the idea, you don't really know if you are going to benefit from all this in the end. You can go through all the hassles and still have a chance of losing. Now, I have been making the assumption that we have a system which does treat everyone fairly. Of course this fact is not true. The system does not treat everyone alike. 
When you have civik rights problems, the first step will be to go see an attorney. He is going to tell you, "well our firm does not take this kind of a case." This is a civil

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2 The problems you run into are not in theory because this is just in the abstract. You start running into the problems when you start trying to enforce this principle when you say, this principle we are not treating everyone fairly in the eyes of the law. What are you going to do about it? How are we going to enforce this? Here, then I would like to get into some of the more negative aspects of the law. It has a lot of positive aspects and that is what most of this workshop will be about. But initially I would like to point out some of the hassles you are doing to run into even if you have a good case to take to court and get it resolved in your favor. The first problem that you have, this will be emphasized throughout this workshop, is the fact that many people don't realize what kinds of legal rights they have. So the first problem is one of communication, in letting the people know what rights they have. Most people have an idea of what their rights are when it comes to police harassment. This is not the only area in which there are laws that can help you out, that can help La Raza out. There are laws in areas of employment, education, public placement. The first thing is many people do not even know they have a right to bring an action, they do not even realize there is anything they can do legally. Even if you have the knowledge that somebody does know or have a problem, dosen't want to do anything about it, you are going to find some people who will want to stay out of the courts. Just let it go, it is ok, even though they realize they can do something. Another problem is the cost element. An idea of what exactly an attorney will charge you when you go to court. Typically it is about $15.00 per hour. It can go up to $80.00 - $100.00 per hour. Another negative aspect is the time elements. In larger cities cases can go on for years. For example, you have been discriminated against in employment; what do you do in the meantime? So, the time element is a very serious element, that of croeded court dockets. Now, there is of course the idea, you don't really know if you are going to benefit from all this in the end. You can go through all the hassles and still have a chance of losing. Now, I have been making the assumption that we have a system which does treat everyone fairly. Of course this fact is not true. The system does not treat everyone alike. When you have civik rights problems, the first step will be to go see an attorney. He is going to tell you, "well our firm does not take this kind of a case." This is a civil