Sentences with phrase «litigants want»

Because of this, mediators taught only interest - based techniques will not be able to facilitate the process most commercial litigants want to use.

What do pro se litigants want?

Most often litigants want to attack the guardian because they disagree with the findings in the guardian's investigation.

The majority of self - represented litigants want to have representation, but simply can not afford it.

As reported yesterday in Texas Lawyer, the court clerk in Montgomery County has been bouncing any filings not made through the service, which tacks on fees, service charges and other costs every time a litigant wants to file something.

In Denton v Workers Compensation Board, the Court decided that the responsibility is on the litigant wanting to make a Charter claim to have made it where such an argument is first available — with the first decision - maker that touches their case.

Naturally enough, a litigant wants to know everything that might possibly be known to prove his or her case and a litigant wants to know everything about their opponent's case so as to not be taken by surprise and to be ready to disprove the opponent's case.

Not exact matches

Nonetheless, finding some way to overturn Rodriguez is a gleam in the collective eye of all those litigants who want to use courts both to increase school spending and to equalize it within states and even nationally.

Farr was «evidently undeterred» by the injunction and accepted another $ 20,000 the same year to aid a divorce litigant who wanted to file a petition with the U.S. Supreme Court, the Tax Court said.

Enter the Self - Represented Litigants Project (Dr. Julie Macfarlane, «The National Self - Represented Litigants Project: Identifying and Meeting the Needs of Self - Represented Litigants ``, May 2013) Dr. Macfarlane's insightful Report has a premise that is as ground - breaking as it is simple — if we want to know what SRLs want and need, we should ask them.»

Professor Blankley starts with a very helpful analysis of the challenge of the self - represented litigant (the «pro se problem») and concludes, as we have in Canada, that «many people who want representation simply do not have access to attorney services.»

What Self — Represented Litigants (Actually) Want by Sarah Burton, a lawyer with the Alberta Civil Liberties Research Centre in Calgary: «Countless reports, working groups, and studies have asked this question, and reached diverse and creative conclusions.

Bar associations requiring extensive disclosure have decided the accountability of «fly - by - night» ghostwriters outweighs the desire for anonymity due to the preferences of pro se litigants or of ghostwriters who do not want to have their identity attached to a document when there is no guarantee how the litigant will actually use it in court.

The primary issues in dispute in these cases were access and parenting arrangements, with each litigant claiming to know what the children wanted.

No litigant should perceive they have «wings» — the ability to say or do anything they want in court, without consequences.

«When litigants hear something they don't want to hear, they can take matters into their own hands,» she says, adding, «We have some brave lawyers in our community.»

With up to 70 % of civil litigants and 40 % or more of family litigants unrepresented in our courts *, there are many, many individuals (the «non-clients») who have a considerable stake in the future of the legal profession but who would not be included in a lawyers» debate about what clients want.

«Some say that that's a sensible balance between people being deprived of their entitlement and vexatious litigants who want to revisit historic proceedings driven by emotion rather than fairness.

Privacy interests are also of concern to many individual litigants who would not want personal details of their life produced in discovery to be part of the public record.

I want to hear from clerks and judges in an urban courthouse dealing with onslaughts of pro se litigants.

«This risk is not confined to family law, but family law has a high proportion of litigants who are self - represented and only want to retain a lawyer to do X, but not Y and Z.»

A government wanted lawyers to participate in a program where they would provide education sessions to certain litigants.

As American citizens who want to represent themselves in court, pro se litigants often have to cope -LSB-...]

As American citizens who want to represent themselves in court, pro se litigants often have to cope with supercilious lawyers.

Despite the want of generalizable findings, the attrition study does potentially add value to the future development of research related to civil court processes and the experiences of litigants.

Campbell doesn't want to see Osborne's idea become legislation, «but judges can hold out the carrot and tell litigants «We'll help you if you help yourselves,»» he said.

The reason is policy based, in part, because the courts do not want witnesses and litigants to fear reprisals for raising legitimate facts and arguments in court.

Few, if any, law school classes allude to the realities of well - documented and hardly «new» changes in legal practice including: the «vanishing» trial, clients who no longer want to buy into the paternalism of the I'll - take - care - of - it - for - you model, or the extraordinarily large number of self - represented litigants who can not afford full representation.

Encouraging the submission of inadequate and sloppy pleadings by counsel, on the grounds that the Court has a job to do and it doesn't want to be distracted by procedure, is unhelpful to litigants and (in my opinion) to the Court itself.

If you're serious about using unbundled legal services in your divorce, you may want to check out Sue Talia's book called A Client's Guide to Limited Legal Services — A simple and practical handbook for family law litigants.

«And then on the other hand, the court wants tools to guide behaviour of well - heeled litigants who may be bringing motions that are not needed... and wants a tool to curb some of that behaviour, which they may see as being abusive, through a cost mechanism.»

You - the generic you — really want to increase access to just and (in an overall sense) reduce the cost to individual litigants?

So, if we wanted to help litigants in person a little bit more (and not everyone does) perhaps CPR 26.6 could make the small claims track the normal track for any case where both sides are acting in person, whatever the nature of the claim and whatever the amount?

The best advice, however, from Mailhot and Carnwath (both judges) in Chapter 8 of their book Decisions, Decisions... a Handbook for Judicial Writing (Yvon Blais, 1998), is for judges to use humour only cautiously: «Judicial humour is neither judicial nor humorous» and that litigants «don't want to be the butt of ridicule or to be the target of scorn, sarcasm, or satire» (p. 111).

«You don't want to encourage litigants to lie in the weeds with issues of reasonable apprehension of bias and then raise them after they lose.»

Furthermore, we often forget that some litigants don't want to go to Court because the legal process is, in itself, quite intimidating.

One difference between inter partes and solicitor / client disputes can be that the parties still want to maintain a professional relationship and a court assessment is likely to jeopardise that, whereas «[m] ediation provides litigants with a wider range of solutions than those that are available in litigation: for example... continuation of an existing professional or business relationship perhaps on new terms» (see Lord Justice Dyson in Halsey).

A recent ruling from Ontario's Divisional Court requires litigants who want to serve documents on a former spouse overseas to follow onerous international rules for service, says Toronto family lawyer Ryan McNeil.

Whether you're a mediator or family therapist working with a few families or a family law judge who wants to access litigant information with no hassle, the OFW ® Practitioner App for iOS devices lets you access all of the important information you need from one place.

One District of Columbia Superior Court Judge observed that when he asks litigants about joint custody, the fathers he encounters are clear that they want joint legal custody only.