Need for Legal Prac

• Legal practitioners are experts who are familiar with civil law, preparing and conducting a case and presenting it to achieve the best outcome for their client
• Legal practitioners are needed because:

  • A party will usually not know how to present their case in a civil trial without legal representation (evidence/cross-examine)
  • They may be too emotionally invested to be objective 
  • If one party is represented or better represented than the other this could lead to an unfair advantage/incorrect outcome
  • Court and j/m can offer some assistance to a self-represented party, but they cannot advocate on behalf of the party. 
  • Some dispute resolution bodies are designed so that legal practitioners are not needed
• Legal Aid

  • Obtaining legal aid is harder - VLA generally prioritise grants of legal assistance for criminal and family law matters. 
  • VLA are also limited in the advice they can give and do not give advice on every type of case e.g. business matters, work injuries, pay disputes. 
  • CLCs may be able to help but it depends on the CLC and their expertise and capacity to be able to help.
• Strengths of Legal Practitioners:

  • Legal practitioners are experts who can help the parties navigate the civil justice system. 
  • Legal practitioners bring objectivity in decision-making, such as whether to agree to settle with the other party. 
  • Legal practitioners can help avoid delays that may arise with self-represented parties. 
• Weaknesses of Legal Practitioners:

  • Not all legal practitioners are equally experienced or skilled which can impact the quality of legal services.
  • Not everyone is able to afford legal representation and may be forced to self-represent. They also may struggle to obtain free or subsidised legal aid.
  • Even if a self-represented party can afford a lawyer, this could potentially be at great expense, particularly if they lose and are ordered to pay some of the other party’s legal costs too.