The need for legal practitioners in civil cases

Question 1

Why are legal practitioners needed

Answer 1

Self represented parties do not have the same skillset as that of a legal practitioner and does not have the same objectivity in making decisions in cases in the civil justice system.
This means self-represented parties may be at an unfair disadvantage if they go against a party with a legal practitioner

Question 2

Strengths of legal practitioners

Answer 2

• Legal practitioners are experts who will be able to help the parties navigate the civil justice system.
• Legal practitioners have objectivity in being able to make decisions in the civil case, such as whether to agree with the other party to negotiate a settlement.
• Self-represented people lack objectivity and may be too ‘invested’ in the decision to be able to see the weaknesses in their case.
• Legal practitioners can help avoid delays that may arise with self-represented parties.

Question 3

Weaknesses of legal practitioners

Answer 3

• Not all legal practitioners are equal or have the same level of experience or skills. Some may have more experience than others, which may impact the quality of legal services.
• Not everyone is able to afford legal representation, so some people may be left to represent themselves.
• Even if a self-represented party can afford a lawyer, this could potentially be at a great expense to them, particularly if they lose, and are ordered to pay the fees of the other party too.