Direito em Movimento - Volume 18 - Número 3 - Edição Especial

183 ARTIGOS Direito em Movimento, Rio de Janeiro, v. 18 - n. 3, p. 176-198, 2020 - Ed. Especial should be responsive and open to learning from those they serve. Of course, there are practical limits imposed on what proactive judges can achieve be- cause their jurisdiction, time and resources are limited and, at a more funda- mental level, some fear the erosion of democracy through ‘juristocracy’ (e.g. John SMILLIE (2006), who argues against extending judicial power at the expense of parliamentary democracy). But this is precisely why a co-ordi- nated, multi-disciplinary response is required and, as Marc Galanter knows from his involvement in the Bhopal disaster litigation in India in the 1980s, when he appeared as an expert witness for the Indian Government, ‘repeat players’ are skilful when it comes to avoiding responsibility (in this case tor- tious liability). 15 So who, if not judges, will hold ‘repeat players’ accountable, and to what extent can IJ move toward a different adjudicatory model that fully embraces public law litigation, such as that pioneered by Abram CHA- YES (1976) back in the 1970s? IJ has limitations and should not be seen as a panacea, but to what extent do these limitations undermine the quality, value and impact of IJ and can these limitations be overcome? So, what are some of these limitations and are they shared with other itinerant experiences? First, in situations where normal institutional support structures may be absent, there could well be a corresponding strain in maintaining ethical standards normally expected of judges, lawyers, and legal advisers.The most obvious example is confidentiality. Itinerant services are, by their very natu- re, conspicuous and therefore it may sometimes be difficult, if not impossi- ble, to maintain adequate privacy for clients and service users. People with problems may fear being seen entering a bus parked on the village green and simply decide to “lump it” (avoid pursuing their dispute or claim). In close-knit, small-scale ( gemeinschaft ) communities, it may be hard to pre- serve confidential information. There have been additional problems of a more technical nature. In the past mobile vans and buses were either too hot or too cold (due to inadequate air-condi- tioning),or had limited or irregular access to the internet (due to limited broadband coverage and internet speed) for legal advisors and adjudicators who need fast ac- 15 University of Wisconsin Law School Digital Depository (n.d.).