DP 10 The need for legal practitioners

Question 1

What is a legal practitioner?

Answer 1

A lawyer who is legally trained, and can assist an accused with preparing and presenting their case.

Question 2

What is the role of a legal prac?

Answer 2

To assist an accused with preparing and presenting their case
- opening and closing address, arguments, questioning, cross-examination

Have professional obligation not to mislead court - must present party’s case in best interest of the client

Question 3

Why are legal practitioners needed?

Answer 3

Many accused self-representm and do not understand court ptrocesses. Lack of skill and expertise make it diiffcult to engage with the justice system
- accused may not have objectivity and emotional separation - legal practitioners do
- avoids accused needing to directly question witnesses, can re-traumatise them

Question 4

How does the court assist self-represented accused persons?

Answer 4

Can assist person, explain procedures and timeline of case, but cannot assist them in preparing their defence
- can cause delays

Question 5

What are the strengths of legal practitioners?

Answer 5

Trained experts, and can assist accused to understand rights - participate on informed basis (access).
Cannot twist facts of case, cannot mislead court - leads to impartial processes and ensures fair trial

Question 6

What are the limitations or weaknesses of legal practitioners?

Answer 6

Not all are of equal skill or experience (can cause disadvantage (equality))
- lack of representation can impact person’s ability to prepare and present strongest case, and can lead to delays when court needs to explain processes
- accused experiences disparity of knowledge and experience compared to experienced prosecution
- if not pro-bono, accused may not be able to afford defence.