Comments on: The Unrepresented http://lawiscool.com/2010/01/10/the-unrepresented/?nucrss=1 The law school blog and podcast from Canada Wed, 08 Feb 2012 00:00:08 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: KC http://lawiscool.com/2010/01/10/the-unrepresented/comment-page-1/#comment-8001 KC Fri, 15 Jan 2010 17:28:15 +0000 http://lawiscool.com/?p=2373#comment-8001 Getting third years to help out unrepresented litigants isn't bad but its not even close to a panacea (not that I agree with 'forcing' people to do it either but I'll put that aside). In fact its at best a band-aid solution. I know law students think they know a lot about the law(I know I did) and they are no doubt better than nothing, but the reality is that nothing compares with real experience under supervision from an experienced lawyer that you get by being an articling student/junior associate. Until you've had that experience I don't think you can really be a substitute for a lawyer. In terms of my own legal education the skills and knowledge I acquired in articling and summering dwarfed what I learned in law school. Law school left me woefully unprepared for the real world. I honestly don't know what the answer is the the problem of a lack of representation. I see why the public is resistant to coughing up more money for lawyers, and a heck of a lot of lawyers would rather eat sawdust than be forced to practice criminal or family. I've been wondering if we couldn't move to some sort of optional quasi-inquisitorial type system for family law parties. Two people could go in front of a specially trained judge and s/he asks questions and sorts things out for them. Is it perfect? No but it HAS to be better than just throwing two uneducated, less than wealthy individuals into a self driven fist fight in superior court. Family law is the worst situation out there and I quit it (with limited exceptions) within months of being called. Its a mess quite frankly... and I come from a jurisdiction where legal aid qualifications are fairly generous. In my short time doing it I heard enough heart wrenching stories for a life time. There is massive demand and people just can't afford it. They may be able to come up with an initial retainer but after that.... Getting third years to help out unrepresented litigants isn’t bad but its not even close to a panacea (not that I agree with ‘forcing’ people to do it either but I’ll put that aside). In fact its at best a band-aid solution. I know law students think they know a lot about the law(I know I did) and they are no doubt better than nothing, but the reality is that nothing compares with real experience under supervision from an experienced lawyer that you get by being an articling student/junior associate. Until you’ve had that experience I don’t think you can really be a substitute for a lawyer. In terms of my own legal education the skills and knowledge I acquired in articling and summering dwarfed what I learned in law school. Law school left me woefully unprepared for the real world.

I honestly don’t know what the answer is the the problem of a lack of representation. I see why the public is resistant to coughing up more money for lawyers, and a heck of a lot of lawyers would rather eat sawdust than be forced to practice criminal or family. I’ve been wondering if we couldn’t move to some sort of optional quasi-inquisitorial type system for family law parties. Two people could go in front of a specially trained judge and s/he asks questions and sorts things out for them. Is it perfect? No but it HAS to be better than just throwing two uneducated, less than wealthy individuals into a self driven fist fight in superior court.

Family law is the worst situation out there and I quit it (with limited exceptions) within months of being called. Its a mess quite frankly… and I come from a jurisdiction where legal aid qualifications are fairly generous. In my short time doing it I heard enough heart wrenching stories for a life time. There is massive demand and people just can’t afford it. They may be able to come up with an initial retainer but after that….

]]> By: Omar Ha-Redeye http://lawiscool.com/2010/01/10/the-unrepresented/comment-page-1/#comment-7993 Omar Ha-Redeye Fri, 15 Jan 2010 03:44:30 +0000 http://lawiscool.com/?p=2373#comment-7993 Justice Brownstone has made similar suggestions in his talk at UWO Law: <object width="320" height="265"><param name="movie" value="http://www.youtube.com/v/19LgXN6-it0&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/19LgXN6-it0&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="320" height="265"></embed></object> Justice Brownstone has made similar suggestions in his talk at UWO Law:

]]> By: E. Bardowell http://lawiscool.com/2010/01/10/the-unrepresented/comment-page-1/#comment-7992 E. Bardowell Fri, 15 Jan 2010 01:25:53 +0000 http://lawiscool.com/?p=2373#comment-7992 Each law school should implement a program for third year student to work in the disadvantage communities to help with discovery work in family and criminal law. This project would assist the lawyers who are do legal aid or pro bono work. Also, this would help the law students gain valuable work experience and enhance their ability to do quality legal case research. This can be done in a non-profit community program where the clients would go for advise and counciling on their pending cases. If every law school in Ontario implement this program and make it manditory for all third year law student, the poor would at least have some legal representative. It will not take away billing hours from the lawyers. It would improve the quality of legal representative for many poor clients in disadvantage communities. Each law school should implement a program for third year student to work in the disadvantage communities to help with discovery work in family and criminal law. This project would assist the lawyers who are do legal aid or pro bono work. Also, this would help the law students gain valuable work experience and enhance their ability to do quality legal case research. This can be done in a non-profit community program where the clients would go for advise and counciling on their pending cases. If every law school in Ontario implement this program and make it manditory for all third year law student, the poor would at least have some legal representative. It will not take away billing hours from the lawyers. It would improve the quality of legal representative for many poor clients in disadvantage communities.

]]> By: John Magyar http://lawiscool.com/2010/01/10/the-unrepresented/comment-page-1/#comment-7990 John Magyar Thu, 14 Jan 2010 23:31:38 +0000 http://lawiscool.com/?p=2373#comment-7990 It is true that any type of reform would have a cost associated with it, at least initially. However, taxes pay for the court, the judge and all of the support staff. Needless and/or poorly executed litigation imposes significant costs on the taxpayer and unrepresented litigants are a significant cause of it. This is not a simple matter. There is a price to be paid for not resolving the problem. It is true that any type of reform would have a cost associated with it, at least initially. However, taxes pay for the court, the judge and all of the support staff. Needless and/or poorly executed litigation imposes significant costs on the taxpayer and unrepresented litigants are a significant cause of it. This is not a simple matter. There is a price to be paid for not resolving the problem.

]]> By: JamesHalifax http://lawiscool.com/2010/01/10/the-unrepresented/comment-page-1/#comment-7977 JamesHalifax Wed, 13 Jan 2010 13:19:07 +0000 http://lawiscool.com/?p=2373#comment-7977 and by "broader public awareness" you no doubt mean; "Soak the taxpayers for more money" and by “broader public awareness” you no doubt mean;

“Soak the taxpayers for more money”

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