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Author: Rabeea Assy Publisher: OUP Oxford ISBN: 0191511137 Category : Law Languages : en Pages : 273
Book Description
In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Author: Rabeea Assy Publisher: OUP Oxford ISBN: 0191511137 Category : Law Languages : en Pages : 273
Book Description
In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Author: Nigel West Publisher: The Law Society ISBN: 1784460443 Category : Law Languages : en Pages : 381
Book Description
The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Asher Flynn Publisher: Bloomsbury Publishing ISBN: 1509900853 Category : Law Languages : en Pages : 392
Book Description
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Author: Tim Prenzler Publisher: Australian Academic Press ISBN: 1925644510 Category : Law Languages : en Pages : 211
Book Description
This is a book of research and policy aimed at raising ethical standards in criminal justice practice. Around the world, corruption continues to undermine the rule of law and the application of due process rights. Misconduct by criminal justice professionals challenges democratic authority and the equality and freedom of ordinary citizens. There is an urgent need for academics, advocates and policymakers to speak with one voice in articulating universal ethical standards and, most importantly, in prescribing systems and techniques that must be in place for criminal justice to be genuinely accountable and as free from misconduct as possible. The focus of the book is on the core components of the criminal justice system — police, courts and corrections — and the core groups within this system: sworn police officers; judges, prosecutors and defence lawyers; and custodial and community correctional officers. By using quality research and policy analysis of these core components Professor Prenzler formulates a basic checklist that can be used to assess the ethical quality and accountability of the criminal justice system in any jurisdiction.
Author: Tanya Rutherford-Owen Publisher: Taylor & Francis ISBN: 1000913554 Category : Medical Languages : en Pages : 967
Book Description
Celebrating 25 years since its first publication, the fifth edition of this best-selling text is the most up-to-date and complete resource available on what a life care planner does, how the life care planner does it, and issues that affect the day-to-day role of a life care planner. Now featuring new material on pediatric life care planning and case management, including brachial plexus injuries and neurodevelopmental disorders, this new edition provides guidance and planning for cases across the lifespan. It begins with a series of chapters examining ten different professional specializations that often contribute to a life care plan, before providing critical information for developing life care plans for individuals with different physical, mental, and cognitive conditions including spinal cord injury, brain injury, and chronic pain. Uniquely comprehensive, the book also includes chapters on the forensic and legal context of life care planning, as well as equipment/technology, evidence-based literature/resources, and special education/special needs planning relevant to pediatric life care planning. Also including chapters dedicated to life care planning methodology and life care planning research, this is an essential resource for anyone practicing or studying life care planning or managing the needs of those requiring chronic medical care over the lifespan.
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities Publisher: ISBN: Category : Business & Economics Languages : en Pages : 900
Author: Rabeea Assy
Author: Rabeea Assy
Author: Nigel West
Author: American Bar Association. House of Delegates
Author: Asher Flynn
Author: Tim Prenzler
Author: Tanya Rutherford-Owen
Author: 
Author: 
Author: United States. District Court (Michigan : Western District)
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities