Chapter 7.7

Question 1

role of legal practioners

Answer 1

Legal practitioners typically prepare and present cases on behalf of parties in civil trials. Their expertise is often necessary to help parties present their best case and achieve a just outcome. Legal practitioners also ensure that the rule of law is upheld and that the law is applied equally and fairly throughout the trial.

Question 2

Why are legal practitioners needed?

Answer 2

Presenting a case in a civil trial without legal representation can be challenging. Parties may struggle to effectively present evidence or cross-examine witnesses and may be too emotionally invested to make objective decisions. Therefore, achieving a fair outcome and effectively showcasing their case often relies on having skilled legal representation.

Question 3

strengths of legal practionars

Answer 3

-Legal practitioners are experts who will be able to help
the parties navigate the civil justice system. This includes
assisting and conducting opening and closing addresses,
examining witnesses, and defending against applications
made by the other party.
- 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 that 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 (as the trial processes
may slow down to allow a party to understand what is
happening).

Question 4

weakness of legal practioners

Answer 4

• Not all legal practitioners are equal or have the same
  level of experience and skills. Some legal practitioners
  are more experienced than others, which may impact on
  the quality of the legal services.
• Not everyone is able to afford legal representation,
  so some people may be left to represent themselves.
  However, often self-represented parties do not have the
  necessary skills, experience or objectivity to be able to
  make the right decisions.
• Even if a self-represented party can afford a lawyer, this
  could potentially be at great expense to them or their
  family, particularly if they lose, and are ordered to pay the
  other party’s legal costs, too.