Sentences with phrase «understood by litigants»

Not exact matches

Obviously, explaining the content of said documents is part of the role played by their legal counsel, but since more than 60 % of litigants are not represented by a lawyer, most individuals are asked to read and / or draft legal documents that they can not begin to understand.

I also understand your point about the Judge & OC taking a pro se litigant much more seriously and cutting the nonsense by the very presence of a court reporter.

By understanding the real extent of settlement failure risk and the economic factors contributing to it, litigants can then adopt proactive, calibrated trial - avoidance measures using a new legal - analytic process we call Settlement Risk Engineering ™.

The research produced by Macfarlane and the Research Institute shows that litigants have enormous difficulty understanding and navigating the rules of court, the rules of evidence, court processes and the legislation applicable to their cases, and that, unsurprisingly, they find the justice system to be impossibly intimidating, incomprehensible and inaccessible.

«There is no single or simple solution to these problems, but it is clear that the challenges posed by family litigants without lawyers needs to be better understood and addressed,» says the study.

Where a litigant thereby understands the applicable Rules of Professional Conduct, and is instructed to recognize and document instances of unprofessional or vexatious conduct by opposing counsel, there should be clear cost consequences in court against the party shown to be engaging in such conduct, in addition to any reprimands or other disciplinary actions that might be instituted by the governing professional body.

Much of this «sharp lawyering» against unrepresented litigants goes unreported and uncommented on, and the reason is elementary: most unrepresented parties lack the legal sophistication and knowledge to understand that opposing counsel has treated them vexatiously, in a manner that would be in clear breach of the Rules of Professional Conduct if experienced by fellow Members of the Bar.

I understand the constitutional, financial and practical reasons for the courts» existence, but most litigants without counsel are justifiably flummoxed by the parallel existence of courts with different rules, different forms, different jurisdiction and different fee structures.

My understanding from colleagues in Quebec is that Quebec judges are generally very flexible and will accommodate litigants and their counsel by hearing arguments and rendering a judgment in the language of preference to the parties.

A problem faced by litigants acting without legal representation is to ensure that documents submitted to the court are concise and clearly set out your arguments in a way that the other party can understand and respond to.

However, according to Mr. Moskowitz, they see firsthand the effects of the civil legal aid shortage and understand the disadvantages faced by pro se litigants who appear in court unrepresented.

This program brings volunteer lawyers into Chambers, where they act as «amicus curiae» and help the court understand the issues related and the positions taken by unrepresented litigants.

Kalowski stresses that appropriate judicial humour can be characterised by its accessibility: that litigants are able to understand and laugh along with the judge and lawyers.

Being able to say the right thing at the right time is the key to a hearing, and although the McKenzie is able to talk quietly to his litigant and encourage them to make responses, by the time the litigant understands what to say the moment has often passed.

The event brings SRLs together with law students in the hopes of providing future lawyers with a better understanding of the challenges faced by self - represented litigants face, and deepen their understanding of the potential for legal services innovations for those who can not afford full representation.

In my experience, litigants in person who are caught up in proceedings on the fast track or multi-track tend to feel, like poor Miss Flite in Bleak House, that they are being tossed around by processes they can not control and do not understand.

As a result, law is less readily understood, and therefore less respected by the people it is supposed to serve, especially so by the unconscionably high percentages of unrepresented litigants in our courts.

As ethicalEsq pointed out last year, the President of one state bar association responded to an excellent report on the need to improve to access, through many types of pro se assistance, by writing an article asserting that self - represented litigants (plus judges and court employees) must be educated so they understand that every litigant needs a lawyer.