Questions tagged [legal-representation]

45 questions
38
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I fancy myself an amateur lawyer. Can I represent someone in court, in the state of Maryland?

I live in Montgomery County Maryland. I am not a lawyer. But I have significant legal experience. I have successfully sued people, watched many trials, I have successfully won dozens of trials for my own traffic violations. And I'm a former state…
26
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12 answers

Why do we need lawyers in the Judicial system?

Law is supposed to be known to all citizens. It is also assumed (implicitly) that it is correctly understood: Ignorance or misinterpretation is not an excuse before the judge. So why are we required to be represented by lawyers in criminal and civil…
user31703
17
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7 answers

What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?

Alex the accused has been charged with a series of crimes. The list of charges is long (beating up his wife, speeding while drunk, trafficking...) and for most crimes, the evidence presented by the state attorney is very strong. Dave the defense…
PMF
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8
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5 answers

Why do lawyers not represent themselves in their own areas of expertise?

I understand why a criminal defense lawyer would not represent himself in a personal injury case, or a patent attorney would not defend herself against criminal charges. But why wouldn't a criminal defense lawyer defend himself in a criminal case,…
Someone
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7
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3 answers

Can the right to self-represent be waived due to conflict of interest?

If a plaintiff and defendant have a personal connection, and one (or both) of them represents themselves, won't that pose a conflict of interest between the councillor(s) and the opposing side(s)?
6
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1 answer

How does a judge decide how to examine an unrepresented defendant giving evidence?

It is my understanding that if a defendant in a criminal case in the Crown Court decides to represent themselves, and further decides to give evidence personally, the judge in the trial puts questions to them before they are cross-examined by the…
6
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1 answer

Are lawyers allowed to come to agreements with opposing lawyers without the client's knowledge or consent?

Through his lawyer, a client asked for, and received a professional courtesy from the opposing side. The opposing counsel had attached a condition to this professional courtesy that the client didn't know about (only the two lawyers discussed this…
Libra
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5
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What happens if you have to turn up at two or more courts at once?

I was wondering, when a court sends out "invitations" for persons to appear at a court session, it usually includes a "you have to appear if not sick (or else)" clause. Now naturally it can happen that two such court sessions intersect, especially…
SK19
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4
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2 answers

In 2022 can a barrister do anything that a solicitor or a litigant in person for that matter cannot?

It seems that the exclusive privileges of barristers to appear in higher courts has slowly been eroded by various acts including in 1990 and 1999. I assume the answer is yes, but Does anything remain of exclusive privileges? And yet it seems that a…
4
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2 answers

What options exist for doing one's own legal work?

To my understanding, you can always represent yourself in court. So when is it a good idea to get a lawyer? I have a relatively simple case but could use a few pointers. I know legal proceedings have lots of administrative technicalities and I could…
Cineast
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4
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To what extent can a spouse assist in a legal case?

Suppose that one's spouse has been named in a statement of offence by a municipal court. If found guilty, the charge would result in a fine that would ultimately affect both spouses. Assume that the spouse that wishes to assist is not a lawyer (but…
user17389
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4
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2 answers

How to decide who takes on a class action law suit?

A bunch of people want to sue company X in a class-action lawsuit. A bunch of different lawyers/law firms want to represent them. What happens if there isn't a consensus (i.e. it's not the case that everyone wanting to sue decides to go with 1…
chausies
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3
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3 answers

Is it always a good idea to instruct opposing lawyers to speak directly?

It is a common practice that opposing parties communicate via their lawyers rather than the parties communicating directly to each other. Besides saving the parties' time, what are the benefits and what are the drawbacks associated with this…
Mingze
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3
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Exemption for "conduct of litigation" as a lay representative?

The following activites are "reserved legal activities" per the Legal Services Act 2007 ("LSA 2007"), s 12(1): (a) the exercise of a right of audience; (b) the conduct of litigation Only authorised and exempt persons are allowed to carry out…
3
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1 answer

When a U.S. Attorney files charges, does this mean it is automatically filed on behalf of the DoJ?

Background Piggy backing off the question about two United State political bodies conducting an investigation, someone made a comment that the a U.S. attorney is always part of the DoJ. I understand that in the typical case, a lawyer (usually)…
isakbob
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