Why Or Why Not Do You Believe Lawyers Are Important For A Society To Function?

[malzahno]

I am doing a project for school and would like others impout on this topic.

[Barmaid]

Balls, Canary. The bar subscribes to the cab rank rule. If you are instructed in a case and it is within your professional experience you MUST take it. I currently have two prof neg cases on........

[Eve]

There are plenty of professional negligence solicitors about who would take a case on and plenty of rules and regulation to make a case on should a practising lawyer such as a solicitor or barrister be in breach. It is a very highly regulated profession based on a high level of professional ethics.

There are also governing bodies such as the Solicitor's Regulation Authority who have the power to discipline solicitors to include fining them, striking them off and even closing entire firms down.

[Canary42]

/// Balls, Canary. ///

Not a legal term I'm familiar with.

[Barmaid]

Works for me.

[TWR]

With respect Barmaid, I'm sure if you write down everything thats needed for your evidence, study it carefully, to a point to can do it yourself, I have been fortunate in a few cases of neglect that I fought & won the cases.

[Eve]

Some areas are very highly specialised though and experience can count for a lot.

Also bear in mind that there are many people who would find it extremely difficult to represent or conduct legal proceedings themselves for a all kinds of reasons, those who lack capacity, people with language or literacy problems, all kinds of things.

[Barmaid]

I completely agree TWR - which is why I shall shortly be launching a website that empowers people to deal with small claims and fast track claims themselves. With a bit of assistance from a free website, some people are able to conduct a claim themselves. However, once you start getting technical, best of luck, you are on your own.

Oh and I was recently against a litigant in person. She had a minor victory. Had she been properly represented, she'd have won outright, but she had no understanding of pleadings and evidence.

[Psybbo]

If I ever need legal advice, Barmaid is the first person I'll ask

[FredPuli43]

A civilisation eventually advances enough to have laws. Once that happens, some person who is not literate or not clever, or both, needs the help of someone who is, a champion to fight for him, against some person who is literate and clever but in the wrong. Then you have lawyers.

Your studies may lead you to the discovery that, until the 1890s, no defendant could testify (give evidence as a witness in court) in his own defence in this country. There was fierce argument about this. Why? Because it was thought manifestly unjust to expose a man who was not intelligent or worldly wise, yet innocent, to being cross-examined by some highly educated , clever man who would make him appear guilty. It was a mismatch. That is applying, in fairly modern times, and rather intensely, the principle in my first paragraph here

[TWR]

As said Eve, I have been fourtunate in my case, but as you say,Some areas are very highly specialised though and experience can count for a lot. that's when I would back off.

[douglas9401]

I'm for any profession where there's a call to the bar!

[Eve]

I also have to say that I heard many a time "well, I didn't think I needed one" when being instructed to act in rectifying something that went wrong which would have been very unlikely to happen had they instructed a lawyer in the first place.

[TWR]

Barmaid, I am not in the front of the class when it comes to grammar, but I certainly know my rights as a few have found out,I'm on one now with Network Rail & damage caused to my car because of the state of a crossing in our town, bloody crossing, its like going over the alps.

[Barmaid]

Malzahno - take heed of Fredpuli's replies.

Unlike me who is getting ever so slightly annoyed at people who say my job has no purpose. But I've had too much sun and potentially too much wine.

[tonyav]

Not a legal term I'm familiar with.


I have always thought that it was a legal term, The cops have often said to me 'We've got you by the balls this time Mr av''.

[Eve]

It is sad that what sprang to my mind were carbolic smoke balls :(

[FredPuli43]

As an aside: A litigant in person may end up as well represented as if they had counsel. Sir Harold Cassel once found himself prosecuting such an individual. He famously decided that being against himself, unarmed, was too much, so he cheerfully cross-examined his own witnesses and made a closing speech which was remarkable for being rather more than even handed in the defendant's favour ! He felt that it was his duty to the court and to justice. And you generally find that the judge does his best to help the unrepresented party, if only to discover what that person's case really is. Better to have your lawyer, though.

[Eve]

And lawyers are, after all, officers of the court!

[FredPuli43]

malzanho, if you're wondering what I'm on about in the 1890s, here is the Act You'll see how fair it is, providing not only that a defendant could testify but setting rules to prevent, save in exceptional circumstances, anyone putting his previous convictions in evidence. It has since been amended or replaced:

http://www.legislation.gov.uk/ukpga/Vict/61-62/36/section/1/enacted

[humbersloop]

^^wot fred said at 19.55

while I take TWR's point that some single issue cases can be doggedly pursued by a determined individual, I don't understand why people cut up rough about lawyers - it's about specialist areas of knowledge, in the same way that a mechanic will mend your vehicle better than you can

and there's a plea for BM on the almonds thread,btw