Sentences with phrase «unrepresented litigants did»

In 1998 the Boston Bar Association Task Force on Unrepresented Litigants did a detailed study on this subject entitled Report on Pro Se Litigants.

http://apps.americanbar.org/legalservices/delivery/downloads/bostontaskforce.pdf Among their findings was: In some types of matters unrepresented litigants do not obtain results as favorable as...

Not exact matches

If banning ODR is warranted because 13 % of litigants do not own a computer, then should we not bar lawyers from pleading since the percentage of unrepresented litigants is more than four times higher than the number of individuals on the wrong side of the digital divide?

[30] Those unrepresented parties are at a huge disadvantage because, among other reasons, many judges require self - represented litigants to perform as if they were lawyers; if they do not, they are denied the relief they request.

Providing them with solid legal information up front will benefit not only those who don't have legal representation but the whole court system as unrepresented litigants will be better able to manage their cases.

I went back into law practice, practicing family law and mediation and about 12 years later, it's funny how good ideas sometimes take, have a long latency period, I was serving on an ABA committee that was studying unrepresented litigants and the findings, this was in Arizona, the findings of the researchers commissioned by the ABA, were that this was an exploding phenomenon of people representing themselves but they didn't do so well.

Do the numbers of self - represented litigants, for example, look about the same in Canada as in the US, which is somewhere around 70 - ish percent of people, I think, depending on the type of matter, are unrepresented?

For instance, in their dealings with self - represented litigants, opposing lawyers can and often do take advantage of the unrepresented parties» insecurity over, and ignorance of, court rules and procedures.

... It does require that the trial judge treat the litigant fairly and attempt to accommodate the unrepresented litigants» unfamiliarity with the process so as to permit them to present their case.»

«Fairness does not demand that the unrepresented litigant be able to present his case as effectively as a competent lawyer.

It's hard to get buy - in from the government — Ontario is focused on how to help unrepresented litigants in court as opposed to «what the hell kind of system do we have that we're sending people to court that can't afford a lawyer,» Huddart says.

However, research into unmet legal need and unrepresented litigants suggests that many of these cases do not ultimately resolve.

Accordingly, the trial judge must exercise discretion in determining the amount of assistance to provide the unrepresented litigant in order that the litigant receives a fair hearing, as does the other party.

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

As the Ontario Court of Appeal stated in Davids v. Davids, [1999] O.J. No. 3930 at para. 36 and repeated again in College of Optometrists of Ontario v. SHS Optical Ltd., 2008 ONCA 685 at para. 57: «Fairness does not demand that the unrepresented litigant be able to present his case as effectively as a competent lawyer.

The obvious purpose is to bring home to the now unrepresented litigant the fact that she is required to give notice to the court and other parties to the litigation that she has either appointed alternate counsel or will be acting in person and that failure to do so can result in the court dismissing her proceeding or striking out her defence.

unrepresented litigant: a party who does not retain a lawyer and appears for him / herself in court.