study unit 2 Flashcards
why do we need paralegals
less expensive than legal professionals
situated in areas where there is a great need of basic legal advice
trained in areas of law that legal prof doe not receive training
why they are better equipped to deal w issues
they are part of the community they serve
they are more approachable
more skills to resolve issues without resorting to formal
legal procedures
better equipped to function in dualistic legal systems
more focused on a holistic approach
empowerment of the community
what is section 9 of the constitution
access to justice
equality before the law and the right to equal protection and benefit of the law
what is section 35 of the constitution
provides the right to legal representation for any arrested , detained and accused person at state expense if such a person cannot afford to pay for legal representation
what is section 28 of the constitution
provides that children have a right to legal representation IN CIVIL MATTERS at state expense
role of paralegals in legal practice
interpreters and statement makers prepare simple gen legal docs monitor cases perform conveyancing tasks legal advice and enquiries
what are CBO’s
community based orgs
Provide legal advice to to poor communities without access to legal services
PL’s in trade unions and labour law consults
must have an understanding of labour law
PL’s in govt organisations
paralegals are the first pt of contact w the potential clients and work under the supervision of legal professionals which are employed by the legal aid board
duties : - screening of clients
- opening of files
- capturing data on files
- drafting legal opinions on simple matters
- drafting referral doc’s
- conducting prison visits
- dealing w enquiries in respect of delays
- court dates
- admin duties
PL’s in coporate instuitions
basic knowledge of the law
comm and admin skills
what paralegals do generally
investigate matters ,collect and carry out research
counsel, advise and refer people
assist people in accessing social services
engage In legal advocacy - negotiate and mediate disputes in community
assist in community development orgs
educate people In human rights ‘
refer cases to appropriate orgs
rep clients in meetings at the commission of conciliation , mediation and arbitration (CCMA)
what do paralegals do in law firms
prepare std legal docs and complete forms
conduct basic legal research
