The need for legal practitioners

Question 1

Why is a legal practitioner required

Answer 1

• Individuals who represent themselves lack the skills and experience to navigate the criminal justice system and test the evidence.
• A self-represented person generally does not have the objectivity to be able to make the right decisions. They could be overly invested or emotional which affects their ability in standing back and assessing the risks and facts of the case.
• In traumatic cases, having lawyers will avoid a situation where the accused is directly questioning witnesses, like victims of crime, putting the victim at risk of being re-traumatised.

Question 2

Strengths of legal practitioners

Answer 2

• They are experts who help the accused navigate the criminal justice system.
• Legal Practitioners have objectivity in being able to make decisions in a criminal case. For example; deciding on whether to accept an agreement in a plea negotiation. Self-represented parties do not have this objectivity.
• Legal Practitioners can help avoid delays which may arise in self-represented parties as trial processes may slow down for the accused to help them understand what is going on.

Question 3

Weaknesses of legal practitoners

Answer 3

• Not all Legal Practitioners are equal or have the same experience or skill as others. This can impact the quality of legal services.
• Not everyone can afford legal representation, so they may be left to represent themselves. This can result in the self-represented party to not receive a fair trial.
• Legal representation alone may not assist an accused, particularly those who cannot understand English or those suffering trauma (victims). This means more support may be needed