The pre‐dispute phase up close: experiences of visitors to Dutch legal aid centres

Abstract

Abstract Given indications of rising challenges for marginalized citizens in the pre‐dispute phase of civil procedures, we studied this phase up close at Dutch legal aid centres using the framework of William Felstiner et al. on naming, blaming, and claiming. Interviews were conducted with 116 visitors to these centres. We asked them when and why they had come. Respondents had come because they had questions on both naming their justiciable issue and blaming the opposing party. Interestingly, respondents who needed help with blaming the opposing party were not necessarily able to name their justiciable issue in legal terms. Our findings highlight the iterative character of the naming and blaming stages, and that respondents in both the naming and blaming stages were able to articulate their issue in only very general legal terms. Furthermore, our findings show the multifaceted role of legal aid centres in supporting marginalized citizens in effectuating their rights.