Unit 3 AOS 2 Civil law - 3.2.8 The need for legal representation Flashcards
Legal practitioners are needed to avoid self-representation
Without legal rep, individuals may not know how to effectively present evidence or examine witnesses
Parties are too emotionally invested
Cannot navigate complex legal processes, unfair outcome
Legal practitioners are needed for their expertise
Legal rep have expertise to challenge the opposing partys arguments
Expertise in evidence giving and knowledge of the civil legal system can influence the outcome of a trial
Legal practitioners are needed as there is limited legal aid
Civil trials have limited access to legal aid, making it difficult for some to obtain legal rep
Dispute resolutions like mediation discourage legal rep, simplify legal procedures
Strength of legal rep: Fairness
Both parties can navigate the legal system, paritcipate in its processes
Use their expertise in conducting trials, effective case presentation and objectivity
Leads to a fair trial
Weakness of Legal Practitoners: Equality
Variability in skill and experience
One party can have more competent legal rep
Inequitable representation
Weakness of Legal rep: Reduces access
High costs of legal rep can lead to being not having the funds to access it
Financial constraints can prevent legal rep
Reduces accesss to legal rep
Strength of Legal Representation: Access
guides parties through legal proccesses, reduces delays
More accessible to people who find the civil justice system daunting or intimidating
