Need for legal practitioners in a civil dispute Flashcards
(6 cards)
Why are they required?
*Parties may be too emotionally invested to make objective decisions
*Self-represented parties are at a disadvantaged
*Skills in cross-examination and presenting case
*A more competent legal practitioners may result in a better chance of winning
Barrister and Solicitor
Barrister=an independent lawyer with specialist skills in dispute resolution and advocacy, usually engaged on behalf a party
Solicitor=A qualified legal practitioner who gives advice about the law and a person rights under the laws
Skill in cross examining
has the right skills to pressure witnesses into saying things they may regret
Self represented
-Lack the skills, objectivity and abilities- Such as inability to communicate their case
-Judge or magistrate has a duty to give assistance
-A failure to give that assistance may result in an unfair trial and lead to an appeal
Evaluate strengths of legal practitioners
*Experts in the civil justice system
*Have objectivity
*Can help to avoid delays
Evaluate weaknesses of legal practitioners
*Not all legal practitioners are equal
*Not everyone can afford legal representation
*Legal representation alone may not be enough to assist an accused