Legal Process Assignment
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Added on 2020-05-01
Legal Process Assignment
Added on 2020-05-01
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RUNNING HEAD: Court process and duties1Case Study
Court process and duties2Introduction There are numerous reasons why a litigant may wish to bring a case or mount a defense whichhas no prospect of success.Few would disagree that the bringing of such cases should bediscouraged. One way in which the courts have sought to discourage such cases is bycompensating the successful litigant, and punishing the advocate for the unsuccessful side byawarding costs against the advocate for assisting in bringing the hopeless case or defense. Suchawards are made on the ground that the court has an inherent jurisdiction to ensure that itsprocedure is not abused and used to achieve an injustice to one of the parties, and to punishmisconduct of those who appear before it.Answer to the question no-Section-AQuestion-2Nature of modern legal professionalism and obligation of lawyers to provide free legal services. Ethical issues raised by paid McKenzie friendsMcKenzie Friends are a long-standing feature of our civil and family justice system. The term‘McKenzie Friend’ originates from a 1970 Court of Appeal case1 in which it was confirmed thatlitigants have a (rebuttable) right to receive lay assistance in the course of representingthemselves. Legal Aid implies giving free legal services to the poor and needy who cannot affordthe services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal orbefore an authority. The earliest Legal Aid movement appears to be of the year 1851 when some
Court process and duties3enactment was introduced in France for providing legal assistance to the indigent. In this modernera, legal professionalism and obligation of lawyers has been increasing throughout the time.Legal professionals are regulated by the Lawyers and Conveyancers Act 2006 ‘the Act’ andLawyers and Conveyancers Act ( Lawyers: Conduct and Client Care ) Rules 2008 (Conduct andClient Care Rules made pursuant to S 95 of the Act).Legal professionals have a duty to uphold the rule of law; justice and efficiency deficits whenlitigants represent themselves. It is evaluated that The lawyers’ role imposes an ethicalframework ‘legal ethics’ which can demand a departure from standard moral norms; Zabella vPykel Cited pg 2 Dare Chapter, Lake Placid (the hypnosis case) Clayton Weatherston referred topg 2007 materials, Triangle Shirtwaist Factory Fire case, cited pg 16 Dare Chapter; Brothels andCasinon.Therefore, it could be inferred that The lawyers’ role imposes an ethical framework ‘legal ethics’which can demand a departure from standard moral norms; Zabella v Pykel Cited pg 2 DareChapter, Lake Placid (the hypnosis case) Clayton Weatherston referred to pg 2007 materials,Triangle Shirtwaist Factory Fire case , cited pg 16 Dare Chapter; Brothels and Casinos. In thiscase, Legal professionals should provide legal services at free of cost only when the order ispassed by the court. However, ethically, lawyers should give their services to the needy people atfree of cost but legally it is not given under the law.
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