3.2.7 Need for legal practitioners Flashcards
(13 cards)
define a solicitor
A lawyer who advises clients on legal matters, prepares documents, communicates with the other side, researches the law, and may brief a barrister for court representation.
define Legal practitioner
Legal practitioner a lawyer with an
Australian legal practising certificate.
deinfe barrister
Barrister a self-employed lawyer who
regularly appears in court and is
responsible for representing a party
in a trial by making legal arguments,
questioning witnesses, and summarising
the case to the judge and/or jury.
explain the need for legal practitioner to
Advise clients
on their
legal rights
Gaining legal advice from a solicitor can enable a party
in a civil dispute to better understand their rights, obligations - informed decisions
lawyers can read through past cases and legislations, better understanding to advise clients on possible outcomes
explain the need for a legal practioner to present evidence and cross examine witnesses
Presenting evidence and cross-examining witnesses requires
procedural standards to be abided by to ensure irrelevant
questions are not being asked.
present compelling evidence
to support their client’s case.
explain the need for a legal practitioner to ensure documents are properly drafted and handeled
In civil disputes, affidavits and subpoenas may be required
to receive evidence relevant to the case. parties who are not experienced in the legal system may struggle to nsure such
documents are handled or acquired correctly.
what are two other needs of a legal practitioner
provide support - comforting for an individual.
provide objectivity - impartial lens, better perceive the
strengths and weaknesses of their client’s
How do legal practitioners help achieve fairness in a civil dispute?
They ensure all relevant evidence and legal arguments are presented, so the court can make a fair and informed decision.
They advise clients clearly, allowing parties to participate properly in the trial process.
Their objectivity (lack of personal connection) helps ensure the trial focuses on facts, not emotions.
How do legal practitioners NOT help achieve fairness in a civil dispute?
If only one party has a lawyer, it may lead to unfair outcomes due to unequal presentation.
The high cost of quality lawyers may limit some parties to poor legal advice, affecting the fairness of the case.
How do legal practitioners help the achievement of equality in civil disputes?
All parties have the right to choose their own legal representative.
Judges and magistrates have a duty to assist self-represented litigants, helping reduce unfair disadvantages.
Legal rules and courtroom procedures apply equally to both sides, and lawyers ensure they are properly followed.
How do legal practitioners NOT help the achievement of equality in civil disputes?
Financially disadvantaged parties may not afford quality representation, creating inequality in how cases are presented.
Power imbalances may arise when only one party is legally represented.
Even when both parties are self-represented, one may have greater legal knowledge, giving them an unfair advantage.
How do legal practitioners support access to justice in civil disputes?
Lawyers improve access by helping clients understand court processes and legal requirements.
‘No win, no fee’ agreements encourage more plaintiffs to pursue their case without upfront costs.
Legal practitioners can assist in accessing the appeals process by handling documentation and arguments.
How do legal practitioners NOT support access to justice in civil disputes?
The high cost of legal services makes justice less accessible for many people.
Without a lawyer, parties may not understand their rights or the legal system.
Complex legal procedures can be overwhelming for unrepresented parties, discouraging them from continuing with their claim.
