The Need for Legal Representation in Civil Law

Question 1

Why is legal representation needed?

Answer 1

• Advise clients of rights, provide objectivity and support
  
  • Gaining legal advice from a lawyer will allow a party to better understand their rights and obligations to make an informed decision
  • Lawyers can read through past cases to assist in determining the likelihood of how that matter could be resolved
  • In emotional cases, such as family matters, having a lawyer can be comforting as well as providing a perspective of impartiality which can ensure perceiving the strengths and weaknesses of clients and opposing party’s cases
• Presenting evidence and cross-examine witnesses
  
  • Presenting evidence and cross examination requires procedural standards to be abided by to ensure irrelevant questions are not asked, and a barrister who is familiar with such rules is able to uphold this
• Ensure documents a properly drafted and handled
  
  • In civil disputes, affidavits and subpoenas may be required to receive evidence relevant to the case, and those who are not familiar with these court proceedings may struggle to ensure such documents are handled
  • Once a dispute has finished, such as through alternate dispute resolution methods, a legally binding agreement may be required and our lawyer can ensure this agreement is binding and not unfair

Question 2

Legal assistance in civil matters

Answer 2

• Unlike in criminal matters, where a person’s trial may be adjourned for them to gain legal representation, the same right is NOT afforded to parties in civil matters.

Question 3

How can VLA provide assistance?

Answer 3

• It may be more difficult for low socioeconomic parties in a civil dispute to gain assistance from VLA
• The plaintiff can obtain legal assistance if the amount of their claim is $5000 or more
• The defendant can receive assistance if all the following factors apply:
  
  • The claim is more than $5000
  • Their sole home is at immediate risk in the action
  • There is a strong prospect that the defendant can defend the action

Question 4

How can CLCs provide assistance?

Answer 4

• AED Legal Centres in Melbourne assist people with disabilities who have employment and education related legal problems like unfair dismissal
• Disability Discrimination Legal Service in Melbourne assists people with disability discrimination matters
• Eastern Community Legal Centres provides free legal advice to people in Melbourne’s eastern suburbs in civil matters relating to family law, divorce, discrimination or neighbourhood disputes.