Sentences with phrase «litigants because»

«I think that we're looking at self - represented litigants because really, they are the manifestation of so many of the problems that we're seeing in the justice system.

I think I speak for all family lawyers when I say it is our wish to deal with represented litigants because unrepresented litigants often have the wrong view regarding lawyers in general and how lawyers are most often trying to «trick» or «bully» them.

The Family Court system is full of litigants because of the uncertainty of the outcome.

When the federal judiciary refuses to afford equal justice to pro se litigants because they chose to represent themselves, there is no justice!

Instead, the Court wrote: «we would not endorse the suggestion that the bank could be subjected to a higher standard of scrutiny than the average commercial litigant because of its privileged condition in Canadian society.»

Not exact matches

Because, unless you cross your T's and dot your I's, the IRS, or any litigant for that matter, can «pierce the corporate veil» and turn your corporation back into a sole proprietorship.

The filings recently prompted a California federal judge to threaten to brand the network a «vexatious litigant» because its lawsuits seemed designed to «overwhelm the courts... so as to avoid a rational decision on the merits.»

«The VP said we lost that case because the litigants based their argument on the process that produced the candidates not the outcome of the elections.»

But Justice Edumein in Wednesday ruling said the litigants failed to follow the laid down guideline in the party constitution in seeking redress whilst the case was being struck out because it was premature.

This is because there is a long - standing debate in Canada about the extent to which the Charter creates positive duties on government, and climate litigants may opt to reduce the risk of their case being dismissed on these grounds.

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?

It has to be that way because of the size of the damage the problem is inflicting upon the population and upon our courts, so clogged as they are by unrepresented litigants that we are in danger of becoming a legally dysfunctional society.

Following the story locally, Georgia lawyer Maggie writes that the cruel and unusual punishment was a huge uphill battle, particularly because Joshua Widner, a similar litigant, had just lost on similar grounds.

P.P.S. I also believe that a properly designed dispute resolution system would not greatly impact lawyer incomes because significantly reducing the time and therefore the cost of resolving disputes would make that process affordable for those court - clogging hordes of self - represented litigants and many other justice seekers besides.

Or that more than 4 out of 5 low - income litigants go it alone because they feel priced out of the legal market.

An ALJ is under a compelling obligation to explain the reasoning underlying a decision because of the need to demonstrate decisional independence to the litigants, the public and reviewing tribunals.

«One of the reasons I started this campaign was because I kept getting calls from litigants looking for services at a lower price, so I'm excited that we're finally going to get access to justice for people with family law problems who can't afford a lawyer,» says Yarmus, who runs Toronto - based Civil Litigations Paralegal Services.

Litigants, already declining in numbers because of major costs hikes, are further discouraged.

Siding with the Fourth, Seventh, and Eighth Circuits, the Supreme Court held a federal court exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad faith.

Unfortunately, this means that some litigants must be turned away on their appointed day of trial because one of the older cases ahead of them did not settle.

More importantly, Reeve made an important step in skills training: he introduced formal moot courts as a part of the Litchfield curriculum, though on an optional basis.53 Initially, the students themselves conducted the moots, though by 1803, when James Gould was teaching at Litchfield, he presided over the arguments.54 The rules Gould imposed for the moots required not only oral argument, but also written argument, because the litigants had to produce writs and pleadings as well.55 Although a far cry from modern legal writing programs, these moot courts at least endeavored to provide some practical training in the production of persuasive writing.56

2016), the Federal Circuit recently affirmed a district court's decision declining to grant attorney's fees because «there was nothing obviously unreasonable» about the losing litigant's position, which the district court found to be «non-frivolous.»

The Court of Appeal reasoned that because limitation periods are designed to provide certainty to litigants, Courts would no longer be permitted to extend limitation periods beyond the times prescribed by statute.

Moreover, one could imagine different judges concluding (1) that court fees are never permissible or (2) that exemptions are not always necessary or (3) that this particular fees regime was reasonable because it allowed for exemptions for impoverished litigants; indeed, the regime aimed to strike a delicate balance between the interests of individual litigants and the public interest in effective, efficient access to justice (see Rothstein J.'s dissent, paras. 103 - 112).

I have heard many litigants express concern to me that because lawyers are seen to belong to a private club «members of the legal profession», they don't feel they can trust that their own lawyer is truly acting in their best interest.

It is because of this gap of assistance that I believe that we need procedural «navigators» present at courthouses who can assist self - represented litigants.

«You see some inconsistent decisions because a case may require that the litigants and the judge all understand how Facebook works, for example,» he said.

[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.

The enigma is that litigants in person (except where all the parties fall within this class) do not displace the presumption although some procedural judges may be persuaded that because of the nature of the case, this is sufficient in itself to get the parties in.

However, this is not recommended because of the risk of poor reception and, in any event, judges may have different ideas unless the litigant in person (or, for that matter, a legal representative) is locked up on remand in a police or prison cell.

I have heard that court costs about $ 2000 / hr when all the costs are added up; when trials take an extra day of trial time because they are bogged down by struggling lay litigants, no doubt i would have cost less to the taxpayer to provide a legal aid lawyer in the first place.

Judges have issued warnings that their courts are «grinding to a halt» because of the high percentage of litigants who are unrepresented litigants.

After all, courts may be able to implement ODR more easily than legal aid but that could be because they can force litigants to use it rather than to tempt, cajole and enthuse.

There's an assumption here that because pro se litigants have clogged the courts, the way to serve pro se litigants is to unclog the courts.

A litigant without a lawyer no matter how well prepared or articulate is clearly at a disadvantage, not because they lack the ability to represent themselves, but because they challenge the system and this is not welcome.

Meanwhile, these four types of damage caused by the problem are getting worse: (1) to the population in that there are many thousands of people whose lives have been damaged for lack of legal services; (2) to the courts in that they are being clogged, as judges have warned, by high percentages of self - represented litigants, because their cases move much more slowly than those that have lawyers; (3) to the legal profession in that it is shrinking and is predicted to have a very negative future of contracting and of law firms failing; and, (4) to legal aid organizations because it is politically very unwise for governments to fund them better with taxpayers» money, to enable them to provide free legal services to more poor people, while the majority of the taxpayers can not obtain legal services for themselves at reasonable cost.

I spent a lot of time in the court room, and because I was in federal court I didn't often see self - represented litigants.

One criticism that particularly interested me had to do with the intersection of fiction writing and judging, making the point, among others, that authors who write fiction know the lives of their characters intimately and in great detail because they plan them, and it is wrong — presumptuous — for a judge to give the impression by adopting a fiction genre style that he knows a litigant as thoroughly.

«I was not getting along with the other judges because I was (and am) very concerned about how the court treats pro se litigants, who I believe deserve a better shake,» Posner said.

Emma and her team are also aware that court staff are increasingly concerned about safety, because of frustrated litigants.

He said that he believes cuts to legal aid may have been a false economy because the rise in litigants in person means that judges have to spend time helping litigants through a case.

Often, said Laura Pichardo - Cruz, a managing attorney with Community Legal Services of Mid-Florida, that is because pro se litigants are navigating unfamiliar procedures.

... According to the court, because the respondent was self - represented and not fully aware of her rights, it was incumbent on the adjudicator to consider the implications of refusing to admit the letter and to inform the self - represented litigant of the other options available to her [i.e. the option of requesting an adjournment in order to secure the letter writer as a witness].

Because most claims are covered under an employer's worker's compensation or general liability policy, your case will probably be handled by an experienced team of litigants that rely on the courts to drag your settlement out.

A very large number of middle - income litigants are self - representing because they feel that legal representation is too expensive, represents poor value for money, and does not give them enough personal agency.

Second, costs risks work best against serial litigants (insurers, government, large companies), because they can learn from repeated experience.

Too often litigants, and lawyers, are under the impression that a remedy should be sought merely because it can be sought.

However, litigants in US federal courts have historically struggled to understand when they may be exposed to spoliation sanctions or what those sanctions could be because courts have imposed varying legal standards.

In an entirely different matter, a pro se litigant was told by Judge McDonald that he could not present an argument because he was not a lawyer.

Embarrassed because in all my time practicing law, I never bothered to sit in court and feel what it's like in the shoes of a self - represented litigant.