Sentences with phrase «unrepresented party in cases»

Otherwise, if one side had a contract drafted by a lawyer and the other side didn't, the contract would be construed in favor of the unrepresented party in cases of ambiguity.

Not exact matches

Once the «in court» part of a case is completed, a judge dealing with unrepresented parties then needs to arrive at an appropriate decision without having the benefit of receiving at least one lawyer's submissions.
According to a report released in 1998 by a Boston Bar Association Task Force, in some Massachusetts counties, more than 75 percent of the cases in Probate and Family Courts have at least one party unrepresented.
A common barrier to equal justice for unrepresented parties is that both judges and court administrators are often ill prepared and ill equipped to provide such parties with the sufficient legal information they need in order to present their cases to the best of their abilities.
«A represented party is entitled to every possible and reasonable leeway to present a case in its entirety and... strict mechanical rules should be relaxed for unrepresented litigants.»
For example, in San Diego, the number of unrepresented parties in family court cases went up 70 percent in 2004 from 54 percent in the early 1990s.
Indeed, the frequent use of worked examples throughout the Handbook, using short case summaries and applying points made prior in the chapter to those assumed facts, are likely to be of great help to unrepresented parties struggling to follow the workings of the tribunal, particularly when faced with a professional opponent.
Consideration should also be given to whether the reporting or disclosure restrictions will provide sufficient protection from the risk, whether the safety of the parties in cases where the court considers there are particular physical or health risks against which reporting restrictions may be inadequate to afford protection, and the extent to which the court should, of its own motion, take steps to protect the welfare of any vulnerable adult or child who is unrepresented before the court.
Using those criteria, the number of cases involving unrepresented parties was four in 2004 with three of them brought by people with counsel.
However, every unrepresented party to a divorce case I have ever met would have benefitted from having a lawyer in at least some capacity.
The removal of legal aid has led to a rise in unrepresented litigants, with a 30 % rise increase across all family court cases in which neither party had legal representation.
Before unrepresented parties may appear in Provincial Court, they will be required to attend a case flow conference.
More than fifty percent of all cases in the Family Division have been reported as involving at least one unrepresented party.
In some cases, the courts have found that a licensee's actions led an unrepresented party to believe that the licensee was acting on their behalf.
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