legal practitioners Flashcards
definition
a lawyer with an australian legal practising certificate
solicitor
a lawyer who advises clients about legal matters, prepares legal documentation for trial, communicates with the other party’s legal representation, and briefs the barristers about representing clients in court
barrister
a self-employed lawyer who regularly appears in court and is responsible for representing a party in trial by making legal arguments, questioning witnesses, and summarising the case to the judge/jury
barrister vs solicitor
the main difference between barristers and solicitors is that solicitors advise clients on a broad range of legal issues, while barristers present arguments in court
legal aid
in criminal cases, an accused persons trial may be adjourned in order for them to gain legal representation
this same right is not awarded to parties in a civil dispute, although judges have a duty to help self-represented litigants understand court processes
VLA
VLA may grant legal assistance to a plaintiff in a civil dispute if
- the amount of their claim is $5,000 or more
- the defendants sole home is at immediate risk in the action
- there is a strong prospect that the defendant can defend the action
CLCs
- AED legal centre - assists people with disabilities
- Disability Discrimination Legal Service (DDLDs) - specialise in disability discrimination matters
need for legal rep
- advise clients on their rights
- present evidence and cross-examine witnesses
- provide objectivity
- ensure documents are properly drafted and handled
- provide support
advise clients on their legal rights
lawyers can help clients understand their rights and obligations so they are able to make an informed decision about how to handle their dispute going forward
lawyers can read through past cases and legislation, and share this with their clients
provide objectivity
parties in a civil dispute are likely to be highly emotionally invested in their case, and a lawyer will be able to look at the dispute through an impartial lens as they are not directly impacted by the issue or outcome
