Legal Practitioners: KK7

what are legal practitioners

trained lawyers that represent each party in a trial, and manage each party’s case

roles of legal practitioners - what the do - strengths

• use their legal expertise to support their case, and advise their client on the best steps to resolve their matter

• prepare the required legal paperwork to initiate disputes at the most appropriate institution (if other attempts at negotiation have failed)

• manage and engage in pre-trial processes such as discovery and directions hearings. support their party at mediation if ordered

• if the matter goes to hearing/trial present evidence and arguments to the court, through specific processes such as opening and closing addresses, and examining and cross-examining witnesses

• abide by the overarching obligations

need for legal practitioners

• help parties navigate the complex and stressful nature of civil disputes, including supporting them to understand they have a potential claim, and how to initiate and proceed with that claim (access)

• ensures both parties present their case in the best possible light, thereby ensuring the right outcome (fairness)

• their expertise should increase efficiency in the system particularly through their ability to work through pre-trial processes which support negotiation and potential settlement (access - helps the rest of the justice system work so that access can be provided to all parties)

• through their advice and the information they provide, they help key stakeholders engage with the justice system (access)

• ensures neither party is at an disadvantages by not having adequate legal knowledge (equality)

weaknesses of legal prcatitioners

• expensive

  • ongoing fees for all work linked to the case, particularly the extensive pre-trial work required through processes such as pleadings and discovery

  • if the matter goes to trial/hearing, you may require the use of a barrister, which is more expensive again - daily fees which can easily climb into the $1000+ range

poj - fairness

achieves

• legal practitioners ensure the best evidence is presented

• ensure that each party presents their case in the best possible light, ensuring the right outcome

poj - equality

• achieves: having a lawyer put parties on the same footing, ensuring neither has an advantage

• doesn’t achieve: parties may not be on equal terms - expensive nature of legal representation could mean a difference in quality or one party is required to self-represent

poj - access

• achieves

  • legal representatives ensure people can understand proceedings and get the best possible outcome

  • without legal representation some plaintiffs might not know they have a civil claim, or may not be able to initiate a claim

• doesn’t achieve: not everyone can afford legal representation

similarities in criminal and civil law legal practitioners

• use their legal expertise to support their client

• if the case goes to trial, questions witnesses and present evidence to the court. develop arguments to deliver to the court

• have an obligation to the court first and foremost

differences in criminal and civil law legal practitioners

• greater flexibility with pre-trial negotiation in civil matters (can pay money without accepting liability)

• plaintiff must initiate the dispute through their chosen institution, prosecution has no choice about where they initiate their dispute

• extensive overarching obligations in the Civil Procedure Act, do not exist in criminal law