Not exact matches
As a
civil liberties
lawyer, I find the Crown's defence of this application troubling on two
points.
It's not immediately clear to me why a judge on the New York City
Civil Court, Housing Part, would be a particular expert on e-mail etiquette for
lawyers, but I thought there were a lot of good
points in Judge Lebovits» article — which originally appeared in the New York State Bar Association Journal — particularly the reminders on the absence of «tone» and on the need for brevity.
I think that most people in this country have, at one
point or another, seen Law and Order or some show like it, and they've seen someone be told, «If you are indigent, if you can not afford a
lawyer, one will be provided to you at state expense,» and they don't necessarily understand that, that only applies to criminal proceedings, not
civil ones.
They
point out that this work is ideally suited to employment
lawyers, discriminantion
lawyers, personal injury
lawyers and
civil litigators more generally.
The idea of taking responsibility for the management of
civil cases away from the parties (and, more to the
point, their
lawyers) and putting it in the hands of the court, together with the imposition on the parties to litigation of an overriding obligation to assist the court to deal with cases justly and proportionately (the «overriding objective»), was at the heart of Lord Woolf's proposals.
He
pointed to the case of Charlie Gard, in which his parents had to rely on
lawyers working pro bono to represent them as they did not qualify for legal aid, but the scale of the failures of the
civil legal aid are much greater than this one high profile tragic case.
In my experience, there are three basic
points that arise regularly in the
civil sexual assault context that few
lawyers, both
civil and criminal, seem to appreciate.
From the
point of view of liability in the
civil claim it is very useful for the family's
lawyer to attend the inquest, because it will be an opportunity to get advanced sight of the police evidence and to assess and question the witnesses.
The Charter, as the
lawyer representing B.C.
pointed out yesterday, does not protect any
civil procedure rights, and section 96 of the Constitution Act, 1867, as he also
pointed out, has so far only been read to protect the jurisdiction of, not to apply to the procedure before, superior courts.
While there are some interesting technical
points for
lawyers and
civil servants, most employers will want to know what it means in practice.
The Press Release states that «Improving access to justice for all Ontarians begins with better, easy - to - use legal information,» a
point made by
lawyers, the judiciary, legal organizations, the 2007 Osborne
Civil Justice Report and the 2008 Trebilcock Legal Aid Review.
The
lawyer will
point out that Joly is applicable to actions against non-human defendants, who are not corporations, because the definitions of «defendant» and «plaintiff» in the Ontario legislation (the Courts of Justice Act and the Rules of
Civil Procedure) use the same wording.
Of course, some of these subjects overlap with other doctrinal areas (e.g.,
civil procedure, SEC regulations, and IRS regulations), but the
point is that there is now a fairly robust body of law governing
lawyers» work.