Looking ahead, as the number of SRL's increase, I expect procedural adjustments will be made (Self-Representing-Litigants). At least those suffering the slings and arrows of the present misfortunes befalling them (including those who have already fallen by the wayside), will demand a more democratic system. Justice as a lucrative business, should no longer be tolerated.
NOTE: A Reader has called me an "idiot" for suggesting Para Legals represent the client. She states that Para Legals are not allowed to represent a client in court. On careful reading of below, you will note I do NOT suggest the ParaLegal Represent the Client. I am speaking about the Para legal as the objective 'contact' person; more in a secretarial manner. The role is one of organizer, rather than representational. (I HAVE, HOWEVER, MADE A FEW ADJUSTMENTS)
Here are my thoughts on improving procedures:
1) Create a functioning SRLN 'body' in all provinces. (Self-Representing-Litigant-Network)
2) Engage the Para-Legal Societies of each Province and appoint a Senior Para-Legal in charge of the respective SRLN for that province.
3) Upon any SRL's request for support, the senior Para-Legal in the litigant's domicile province assesses the SLR's case.
4) After assessment of particulars, i.e. qualification verification of the SRL's involvement allowances, the Senior Admin Para Legal appoints the most suitable para-legal to the case.
4) The appointed Paralegal proceeds to work with the SRL on preparing the case.
a) Communication will be done by email, phone, or SKYPE. All will be recorded.
b) If any communication issues arise early in procedure, a switch to another Para legal may be requested. Conversely, the SRL may choose a para legal, qualified to take the case, from a given list.
5) Any, and all written communication with Court departments shall be by the appointed para legal.
a) All communication with the Courts shall be verified and acknowledged by both SRL & Para Legal. i.e. There shall be NO clandestine communication with the Courts outside that which is known, and agreed on by the 'Team.'
b) All communication shall be recorded and all email correspondence cc'd to all parties.
6) Procedure will be previously explained, and SRL will at all times acknowledge understanding of same.
7) The appointed Para-Legal will be the communication 'contact' for the Party.
8) Should a case go to trial, the Para-Legal, although not as spokes person, will be allowed to support its party in court.
- Conversely, a lawyer may be hired, specifically for the purpose of representation at trial!
9) The province pays for the Para-Legal, but the Party pays for the costs of filing and/or any penalties.
10) The Para-Legal DOES NOT REPRESENT THE CLIENT.
The above system adjustments:
a) Allows the Courts to concentrate on in-court procedures.
b) Avoids any potential semblance of bias and/or partiality.
c) Allows Para-Legals to 'Front' an SRL, making communication with the court more efficient.
d) Eliminates SRLs from direct, personal contact with the Court, or Counsel for the other Party, preventing any frustration, or misunderstanding.
e) Allows for a better prepared and more efficient presentation of their case.
f) Allows the SRL Litigant/ Defense, to bring the Para-Legal in to act as a 'silent partner' during trial.
_________________________________________________________________________________
NOTE:
If there are any additional reader suggestions, please forward them.
A reader sent me the following 2 applicable URLS:
No comments:
Post a Comment
Post a Comment