1. Introduction

2021 ◽  
pp. 1-9
Author(s):  
Stuart Sime
Keyword(s):  
Conflict Of Interest ◽  
Legal Profession ◽  
Court Proceedings ◽  
Civil Courts

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

1. Introduction

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Conflict Of Interest ◽  
Legal Profession ◽  
Court Proceedings ◽  
Civil Courts

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

1. Introduction

2019 ◽  
pp. 1-9
Author(s):  
Stuart Sime
Keyword(s):  
Conflict Of Interest ◽  
Legal Profession ◽  
Court Proceedings ◽  
Civil Courts

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

1. Introduction

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Conflict Of Interest ◽  
Legal Profession ◽  
Court Proceedings ◽  
Civil Courts

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

1. Introduction

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Conflict Of Interest ◽  
Legal Profession ◽  
Court Proceedings ◽  
Civil Courts

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

1. Introduction

2020 ◽  
pp. 1-9
Author(s):  
Stuart Sime
Keyword(s):  
Conflict Of Interest ◽  
Legal Profession ◽  
Court Proceedings ◽  
Civil Courts

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

scholarly journals A Systematic Analysis on the Admissibility of Digital Documents as Evidence in Malaysian Syariah Courts

2021 ◽  
Vol 29 (3) ◽  
Author(s):  
Wan Abdul Fattah Wan Ismail ◽  
Ahmad Syukran Baharuddin ◽  
Lukman Abdul Mutalib ◽  
Mohamad Aniq Aiman Alias
Keyword(s):  
Qualitative Study ◽  
Islamic Law ◽  
Systematic Analysis ◽  
The Public ◽  
Digital Documents ◽  
Digital Document ◽  
New Form ◽  
Court Proceedings ◽  
Civil Courts ◽  
The Web

Digital document is a relatively new form of evidence, particularly for use in the Malaysian Syariah courts. This scenario contrasts with civil courts, which started using digital documents in court proceedings as early as the 1950s. The use of the digital document as evidence is intended to strengthen other methods of proof further. However, the Syariah courts are still less exposed to a new proofing method because there are no specific provisions according to Islamic law to allow it. Not only that, but Syariah law practitioners are also rarely exposed to cases related to the use of digital documents. Therefore, this qualitative study will analyse the admissibility of the digital document as evidence under Islamic law through a systematic analysis. This study uses the PRISMA methodology with the range of data stored on the web at www.scopus.com and http://myjurnal.my, which brings together thousands of scientific writings worldwide. The final screening results found a total of 21 articles that discussed the practice of digital documents as evidence under Islamic law. Furthermore, from the final filter, the researchers found several works of literature that previously discussed the usage of digital documents as evidence in a trial proceeding, which indirectly shows that the Syariah court has begun to accept this type of evidence. It is expected that the results of this study will assist legal practitioners in the Syariah court and become a reference point for researchers, academics and the public in Malaysia.

scholarly journals Simplified Courts Can't Solve Inequality

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 128-135
Author(s):  
Colleen F. Shanahan ◽  
Anna E. Carpenter
Keyword(s):  
Legal Profession ◽  
Safety Net ◽  
Judicial System ◽  
Access To Justice ◽  
Social Safety Net ◽  
Legal Cases ◽  
The Face ◽  
Civil Courts ◽  
Case Basis

State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the legislative and executive branches' failure to provide a social safety net in the face of rising inequality. The legal profession and judiciary must step back to question whether the courts should be the branch of government responsible for addressing socioeconomic needs on a case-by-case basis.

Children, Psychiatrists and the Courts: Understanding the Ambivalence of the Legal Profession: Part I - General Principles

1994 ◽  
Vol 39 (9) ◽  
pp. 526-530 ◽  
Author(s):  
Nicholas Bala
Keyword(s):  
Mental Health ◽  
Children And Adolescents ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Legal Profession ◽  
Expert Witnesses ◽  
Legal Professionals ◽  
Court Proceedings ◽  
Court Process

Psychiatrists and other mental health professionals are frequently involved as expert witnesses in court proceedings related to children and adolescents. Their testimony may be based on a therapeutic relationship, but frequently arises because of an assessment conducted specifically for the court process. This two part paper discusses some of the issues that arise when child psychiatrists are involved as expert witnesses in litigation, with specific focus on their role in child custody, sexual abuse and young offender cases. It also offers some practical advice for those who may be called as witnesses. There is controversy in the legal profession about the role of mental health professionals in the court process. While there is recognition of their expertise, there is also a concern about not wanting to have experts usurp the role of the courts. Legal professionals also question the “objectivity” of experts, and the reliability of their opinions. Frequently the opinions of psychiatrists about children and adolescents involved in litigation have inherently speculative and value based dimensions, and not “scientific”. Participation in the court process by mental health experts is nevertheless a vitally important role, providing information, analysis and recommendations about what are often very difficult societal decisions. Part two of this paper starts on page 531.

scholarly journals THE LEGAL PRACTITIONERS PROFESSIONAL NEGLIGENCE IN NIGERIA: EVALUATION OF THE GENERAL LIABILITY AND IMMUNITY AFFORDED ON LEGAL PRACTITIONERS IN THE CONDUCT OF THEIR CLIENT’S CASE

2021 ◽  
pp. 27-41
Author(s):  
Oluwakemi Odeyinde ◽  
Keyword(s):  
Rule Of Law ◽  
Historical Development ◽  
General Rule ◽  
Legal Profession ◽  
Standard Of Care ◽  
Professional Conduct ◽  
Pragmatic Approach ◽  
Professional Misconduct ◽  
The Rule Of Law ◽  
Court Proceedings

This paper reviews the legal practitioner’s professional negligence in Nigeria and the rule of law exempting lawyers from liability for negligence in the conduct of proceedings in court, tribunal or other body. The introduction reminds us of the historical development of the legal profession. It examines the concept of professional negligence which involves misconduct or malpractice in the course of practicing one’s profession. The law places more responsibility on the professional in the exercise of judgment. Therefore the standard of care expected of a professional is high. The general rule is that a legal practitioner can be held liable for professional negligence. He may also be found guilty of professional misconduct or malpractice where he contravenes any of the rules of professional conduct. However, there exists a law in Nigeria that grants immunity to legal practitioners from negligent acts in the conduct of their client’s case. This paper explores the origin of the lawyer's immunity. It argues that the exemption granted lawyers in respect of court proceedings does not help the fallen standards of the legal profession in Nigeria. As a result, there is a general consensus among writers as to the removal of the immunity clause. Therefore, this paper examines the various advocates for the removal of the lawyer’s immunity and suggests a reconsideration for its possible removal. This paper concludes with a recommendation for a more pragmatic approach to maintaining the standards of the Legal Profession. The term professional negligence is used interchangeably with professional misconduct or malpractice.

scholarly journals Functioning of the institutions of the bar and notaries in Germany

2021 ◽  
pp. 211-217
Author(s):  
A. A. Germanova
Keyword(s):  
Conflict Of Interest ◽  
German Law ◽  
Legal Profession ◽  
Unsatisfactory Result ◽  
The Right

This article deals with some features of an attorney and notary work in Germany. The main purpose of the article is to consider the functioning of the German institutions of the bar and notaries. The author emphasizes the possibility of combining advocacy and notarial activities in some regions of Germany, as well as the existence of the profession of "attorney-notary" in these regions. The article focuses on the procedure of passing state exams to become an attorney, describes in detail the procedure for conducting such exams, as well as the procedure of appointing German attorneys as notaries. According to current German law, state exams that give the right to become an attorney, a judge, a prosecutor, a notary can be taken only twice, and in case of an unsatisfactory result, you cannot become a practicing lawyer in Germany. In addition, German law has a different approach to the concept of an attorney from the Russian one. The article describes some aspects of the activities of German attorneys, as well as attorneys-notaries, and indicates the absence of a conflict of interest when combining advocacy and notarial activities. The author comes to the conclusion that the institutions of the legal profession and notaries in Germany function differently than in Russia, but despite the absence of the legislative possibility of combining advocacy and notarial activities in Russia, it is impossible to talk about their opposition.

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