Self-advocates in civil legal disputes: how personal and other factors influence the handling of their cases

Article


Robertson, Michael and Giddings, Jeff. 2014. "Self-advocates in civil legal disputes: how personal and other factors influence the handling of their cases." Melbourne University Law Review. 38 (1), pp. 119-150.
Article Title

Self-advocates in civil legal disputes: how personal and other factors influence the handling of their cases

ERA Journal ID33616
Article CategoryArticle
AuthorsRobertson, Michael (Author) and Giddings, Jeff (Author)
Journal TitleMelbourne University Law Review
Journal Citation38 (1), pp. 119-150
Number of Pages32
Year2014
Place of PublicationMelbourne, Australia
ISSN0025-8938
Web Address (URL)http://search.informit.com.au/fullText;dn=545527316132187;res=IELHSS
Abstract

This article examines how some self-advocates handle their own civil legal disputes in circumstances where legal representation is not available. A combination of influences helps explain why some users of a specialised dispute resolution process were more likely to be effective and successful in their self-advocacy endeavours. Most importantly, the more effective users displayed positive attitudes, motivation and self-belief. They also demonstrated abilities in organisation, research and preparation. These attributes appeared to position them strongly to engage with and effectively manage the legal matters at hand. By contrast, other users in the same study were negatively disposed towards the challenges they faced. They lacked confidence and avoided seeking advice, conducting research, or preparing for their hearing.

Keywordscivil case; representation; self advocacy
ANZSRC Field of Research 2020480502. Civil procedure
480410. Legal theory, jurisprudence and legal interpretation
480501. Access to justice
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Byline AffiliationsSchool of Law and Justice
Griffith University
Institution of OriginUniversity of Southern Queensland
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