"With a Little Help From a Friend": Unrepresented Litigants, Friends and the Question of Payment
Paper
Jones, Nicky. 2014. ""With a Little Help From a Friend": Unrepresented Litigants, Friends and the Question of Payment." Australasian Institute of Judicial Administration: Assisting Unrepresented Litigants - A Challenge for Courts and Tribunals Conference. Sydney, Australia 15 - 17 Apr 2014 Australia.
| Paper/Presentation Title | "With a Little Help From a Friend": Unrepresented Litigants, Friends and the Question of Payment |
|---|---|
| Presentation Type | Paper |
| Authors | Jones, Nicky |
| Year | 2014 |
| Place of Publication | Australia |
| Web Address (URL) of Conference Proceedings | https://aija.org.au/wp-content/uploads/2017/08/URL14-Program.pdf |
| Conference/Event | Australasian Institute of Judicial Administration: Assisting Unrepresented Litigants - A Challenge for Courts and Tribunals Conference |
| Event Details | Australasian Institute of Judicial Administration: Assisting Unrepresented Litigants - A Challenge for Courts and Tribunals Conference Delivery In person Event Date 15 to end of 17 Apr 2014 Event Location Sydney, Australia Event Venue Crowne Plaza Coogee Beach |
| Abstract | This paper will review legal professional practice legislation, case law and policy regarding the tasks and activities which constitute legal work and the people who are permitted to carry out such work. It was prompted by a Queensland Court of Appeal application entitled Wilson v Raddatz [2006] QCA 392, during which the court heard that the self-represented applicant had paid a friend who was not a legal practitioner to prepare his written submissions for court. This paper considers whether such payment is indeed a problem. After all, wouldn’t a person with no legal representation take any assistance he can get from friends or acquaintances? And, if he is grateful for the assistance, why shouldn’t that person pay his friend for any time and effort expended? The paper will examine Australian case law and policy and Queensland legislation to assess whether the applicant’s friend breached relevant law or policy by, firstly, preparing the court submissions and thereby engaging in legal work or legal practice when not a lawyer and, secondly, by receiving payment for his assistance. The paper also considers whether legal practice law disadvantages self-represented litigants by preventing them from reimbursing a friend or acquaintance for any outlay of time or effort. |
| Keywords | legal work; self-represented litigants; friend; Queensland legal practice; legal professional practice |
| Contains Sensitive Content | Does not contain sensitive content |
| ANZSRC Field of Research 2020 | 480505. Legal practice, lawyering and the legal profession |
| Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
| Byline Affiliations | School of Law and Justice |
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https://research.usq.edu.au/item/1001z2/-with-a-little-help-from-a-friend-unrepresented-litigants-friends-and-the-question-of-payment
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