Appearing in Court (From Improving Access to Justice: The Future of Paralegal Professionals -- Conference Proceedings, 1990, Canberra, Australia, P 43-46, 1991, Julia Vernon and Francis Regan, eds. -- See NCJ-129734)

• NCJ Number: 129739
• Author(s): N Manos
• Date Published: 1991
• Length: 4 pages
• Sale Source: Australian Institute of Criminology
• Publication Type: Conference Material
• Language: English
• Country: Australia

Annotation

Paralegal professionals have a place in Australia's legal system, but within certain confines.

Abstract

Paralegals appearing before the courts fall into three categories: litigants who represent themselves; police prosecutors; and law clerks. Most litigants appearing in court for themselves do not have any legal training. Police officers prosecute both contested and uncontested matters in summary courts which were referred to as police courts. Law clerks are individuals with some legal experience and qualifications, but who fall short of sufficient preparation to obtain a practicing certificate. The author contends that no one should be allowed to practice in court as a lawyer unless they have demonstrated the ability to prepare a case thoroughly, present it properly, and cross-examine effectively. Paralegal professionals should play a role in such areas as bail applications, applications for adjournments or rehearings, reductions in demerit points, and straightforward declaration committals. They do not, however, have an adequate understanding of legal issues and ethics to perform all of the work of lawyers.