Legal Unit 3 AOS2- The need for legal practitioners Flashcards
(8 cards)
1
Q
Legal practitioners
A
Legal experts who prepare & conduct a case on behalf of parties
- Barrister
- Solicitor
2
Q
Reasons parties need a lawyer
A
- The complex legal processes and terminology in the civil justice system
- To ensure they can present their evidence and test the opposing party’s evidence in the most effective way
- A party may find it difficult to objectively assess the strength & risks of its case
- To ensure closed processes such as mediation or conciliation are done fairly & w/o pressure on either party to settle
- When one party is represented and the other is not
3
Q
How a lawyer can help in mediation
A
- Can help negotiate for client’s best interest
- Provide docs/evidence if needed
- Ensure TOS are fair
4
Q
How a lawyer can help in conciliation
A
- Help advocate for client by providing argument & perspective
- Ensure TOS is fair
5
Q
How a lawyer can help in arbitration
A
Help adjust rules of evidence & procedure
- Very helpful for commercial relations
- Help address sig power imbalance between parties as this is closed process
6
Q
How a lawyer can help in CAV
A
- Help objectively assess strength of claim
- Help understand how CAV works
7
Q
How a lawyer can help in VCAT
A
- Help with evidence & procedure
- Help understand processes of VCAT
- To combat any power imbalance between parties
8
Q
How a lawyer can help in courts
A
- Help understand complicated terminology & processes
- Help objectively assess strength of claim
- Ensure they present & cross-examine evidence in the most effective way
