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Questions tagged [legal-representation]

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5 votes
3 answers
2k views

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 ...
38 votes
1 answer
15k views

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 ...
1 vote
1 answer
98 views

Can a terminated commission based legal representation relationship give rise to expectation damages in England?

Meet Alice. She has a legal claim against Bob. She contracted Larry the lawyer to represent her in this matter and essentially run the case for her on a no win no fee percentage of damages commission ...
2 votes
1 answer
186 views

Why would a defendant in the Georgia 2020 election subversion case who is also a lawyer NOT represent himself? [duplicate]

One would think that several co-defendants in the Georgia 2020 election subversion case are able to represent themselves, such as John Eastman, Sidney Powell, Rudy Giuliani, Jeffrey Clark, etc. due to ...
2 votes
1 answer
175 views

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 ...
17 votes
7 answers
8k views

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 ...
6 votes
1 answer
133 views

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 ...
3 votes
3 answers
696 views

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 ...
2 votes
1 answer
130 views

How did private individual litigants at the SCC and UKSC find lawyer(s) to represent them, when their quantum was ≤ $900?

My Aunt is trying to instruct a lawyer (NOT a paralegal) to know her prospects of success, particularly to avoid adverse costs, before suing a large corporation for damages of $6000 CAD. Aunt shall ...
4 votes
2 answers
474 views

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 ...
1 vote
3 answers
230 views

How often do Davids fail to retain effective legal representation against Goliaths, in Private Law, even if David can pay?

I ask just about private (civil) law here, NOT criminal. David is the underdog layman, who needs a competent civil litigator against a powerhouse Goliath. Postulate that David can pay lawyers' fees ...
1 vote
1 answer
176 views

What happens if I file a civil lawsuit without a lawyer in Germany?

I want to file a lawsuit with the Berlin District Court. in Germany, paragraph 78 of the procedural code applies, according to which all plaintiffs are required to hire a lawyer. I am a capable person ...
1 vote
2 answers
107 views

Legal Solicitation

Is it legal (or allowed by bar rules) for a lawyer/law firm to use public records (such as arrest records) to find and reach out to potential clients? This question comes from a question on another ...
7 votes
3 answers
4k views

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)?
-1 votes
3 answers
159 views

Could attorney 2.0 be a new way to get legal representation?

I'm thinking about getting a patent and was wondering about an alternative to spending $400 per hour on one attorney. What if someone spent $200 and got 2 attorneys/law firms that work together ...
2 votes
3 answers
748 views

How to explain your case to an attorney such that you are represented satisfactorily?

This is the original question of which was later broken up into two parts. See the other question here. Typically, I find that when speaking with an attorney, the attorney's #1 priority is protecting ...
1 vote
2 answers
154 views

Do unionized employees give up the right to represent themselves in cases of contract violations?

I do understand that a union contract may specify that a unionized employee must go through a union representative in cases of contractual disputes. But I am wondering if there is anything in the law ...
2 votes
1 answer
176 views

How to write a retroactive letter of representation?

An attorney began representation of Mr. X some months ago, as assigned counsel, without a letter of representation. Such a letter is needed now in order to make a court-ordered restitution payment to ...
2 votes
1 answer
1k views

Do you have to be a lawyer to represent someone else in court?

Recently, I've had to secure durable power of attorney (POA) for a friend of mine with a neurodegenerative disease to help him with a bunch of different matters. We've been working our way through the ...
0 votes
1 answer
38 views

Who signs partnership agreements?

Consider a hypothetical partnership agreement between 2 companies in 2 different countries (Australia & Saudi Arabia). On the last page of the agreement it requires signatures from Company 1 and ...
-1 votes
2 answers
857 views

Can i represent myself in a German court without a lawyer?

I want to represent myself in german court because I don't have money for a lawyer (i am a student international ) and I also don't know anything about german laws at all I have many evidence(gmails/...
25 votes
12 answers
7k views

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 ...
0 votes
1 answer
107 views

When to stop responding to repetitive pre-action letters?

Sorry if this is not the right place to ask this, please point me to anywhere better suited! I've been receiving pre-action letters for a year from my ex-girlfriend's lawyers, saying they intend to ...
2 votes
2 answers
96 views

Is it possible to request the court to appoint a public defender in a civil infraction case?

Related: In a civil infraction case, does the defendant have to turn over evidence to the prosecution beforehand? Simple parking ticket dispute. The defendant has been put through an unreasonable ...
6 votes
1 answer
2k views

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 ...
1 vote
0 answers
203 views

Are lawyers allowed to contact potential clients?

Would it be inappropriate for a lawyer to proactively find/contact people who might need legal representation and offer them their services? Would it be against any code of conduct or similar? The ...
2 votes
0 answers
212 views

Do lawyers have to prove their claim that they represent an entity?

I got a threatening letter from lawyer Y the other day. They claim they are representing company X. Since I wasn't sure, I wrote back, asking for documentation of their retention by company X. I also ...
2 votes
2 answers
1k views

How Honest Should One Be With Their Lawyer?

Question: Should one be unconditionally honest with their lawyer whenever one is being charged with a crime ? In particular what is the correct response when the lawyer asks "Did you do it ?"
4 votes
2 answers
218 views

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 ...
0 votes
3 answers
1k views

If someone steals from me do I need a lawyer?

Someone took my bank card while at a party. Somehow he got my PIN number and took $400 from my account. I filed a complaint with the local police. They asked me if I wanted to charge him. (Of course I ...
5 votes
1 answer
246 views

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 ...
1 vote
3 answers
829 views

Can one contract a non-lawyer to represent them in court and get the other party pay for fees?

Say I want to sue someone (or I am being sued by someone) but I neither want to hire a lawyer nor represent myself in person (civil case, not criminal). Would I be able to hire, for example, a law ...
3 votes
1 answer
211 views

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 ...
4 votes
0 answers
97 views

To what extent can a spouse assist in a legal case?

My 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 us both. I was, in fact, witness to the event (...
-3 votes
1 answer
524 views

What happens if I don't show up to the Court (DRA, Family Court, UK)?

The matter is listed for an adjourned DRA on _____ _____ 2018 10AM. The parties to attend at 9AM. DRA = Dispute Resolution Appointment I want to know what would happen if I don't show up for the ...
-1 votes
4 answers
528 views

Why would someone feel compelled to self-represent in court?

As someone who is aware of instances where individuals choose to self-represent, I know that I am way out of my depth to represent myself should I find myself in need of legal services. However, for ...
1 vote
1 answer
1k views

Managing member can not speak for their LLC in court?

Edit: I feel like there is a misunderstanding in my question. She is the business owner and really the only representative of the business; but still the judge said that a person can not speak for the ...
1 vote
1 answer
121 views

Illegal to pay attorney more if acquittal is obtained?

I would think that for a criminal defendant, assuming that they have money, it would be in their interest to pay much more for a result of acquittal, than for a conviction. For example, imagine an ...
0 votes
1 answer
332 views

When and how, after being arrested, can a person hire their own attorney?

I've never been arrested or been a party in any legal case (other than minor traffic violations) that warranted getting an attorney, so having never hired legal counsel, forgive me if this is an ...