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
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsSchool of Law and Justice
Griffith University
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q2w93/self-advocates-in-civil-legal-disputes-how-personal-and-other-factors-influence-the-handling-of-their-cases

Log in to edit
  • 1707
    total views
  • 7
    total downloads
  • 1
    views this month
  • 0
    downloads this month

Export as

Related outputs

Legal ethics education in South Africa: possibilities, challenges and opportunities
Robertson, Michael and Kruuse, Helen. 2016. "Legal ethics education in South Africa: possibilities, challenges and opportunities." South African Journal on Human Rights. 32 (2), pp. 344-374. https://doi.org/10.1080/02587203.2016.1210934
University of Queensland Law Journal v28(2) [Special editors' introduction]
Bartlett, Francesca, Mortensen, Reid and Robertson, Michael. 2009. "University of Queensland Law Journal v28(2) [Special editors' introduction]." University of Queensland Law Journal. 28 (2), pp. 181-181.
Embedding 'ethics' in law degrees
Robertson, Michael. 2011. "Embedding 'ethics' in law degrees." Kift, Sally, Sanson, Michelle, Cowley, Jill and Watson, Penelope (ed.) Excellence and innovation in legal education. Sydney, Australia. LexisNexis Butterworths. pp. 99-117
To enable or relieve? specialist lawyers' perceptions of client involvement in legal service delivery
Robertson, Michael and Corbin, Lillian. 2005. "To enable or relieve? specialist lawyers' perceptions of client involvement in legal service delivery." International Journal of the Legal Profession. 12 (1), pp. 121-143. https://doi.org/10.1080/09695950500081416
Challenges in the design of legal ethics learning systems: an educational perspective
Robertson, Michael. 2005. "Challenges in the design of legal ethics learning systems: an educational perspective ." Legal Ethics. 8 (2), pp. 222-239.
Grounding legal ethics learning in social scientific studies of lawyers at work
Robertson, Michael and Tranter, Kieran. 2006. "Grounding legal ethics learning in social scientific studies of lawyers at work." Legal Ethics. 9 (2), pp. 210-229.
Introduction
Tranter, Kieran, Bartlett, Francesca, Corbin, Lillian, Mortensen, Reid and Robertson, Michael. 2010. "Introduction." Tranter, Kieran, Bartlett, Francesca, Corbin, Lillian, Mortensen, Reid and Robertson, Michael (ed.) Reaffirming legal ethics: taking stock and new ideas. Abingdon, Oxon. United Kingdom. Routledge. pp. 1-11
Neutral partisanship and Australian legal representation
Robertson, Michael. 2008. "Neutral partisanship and Australian legal representation." Socio-Legal Research Centre Seminar Series 2008. Brisbane, Australia 2008 Brisbane, Australia.
The ethics project in legal education [Introduction]
Robertson, Michael, Corbin, Lillian, Tranter, Kieran and Bartlett, Francesca. 2011. "The ethics project in legal education [Introduction]." Robertson, Michael, Corbin, Lillian, Tranter, Kieran and Bartlett, Francesca (ed.) The ethics project in legal education. London, United Kingdom. Routledge. pp. 1-8
Providing ethics learning opportunities throughout the legal curriculum
Robertson, Michael. 2008. "Providing ethics learning opportunities throughout the legal curriculum." 3rd International Legal Ethics Conference: Integrity in Legal Practice. Gold Coast, Australia 13 - 16 Jul 2008 Brisbane, Australia.
Maybe a solicitor needs to know that sort of thing but I don't: user perspectives on the utility of legal self-help resources
Lawler, Merran, Giddings, Jeff and Robertson, Michael. 2009. "Maybe a solicitor needs to know that sort of thing but I don't: user perspectives on the utility of legal self-help resources." Buck, Alexy, Pleasence, Pascoe and Balmer, Nigel J. (ed.) Reaching further: innovation, access and quality in legal services. London, United Kingdom. The Stationery Office. pp. 26-46
Providing ethics learning opportunities throughout the legal curriculum
Robertson, Michael. 2009. "Providing ethics learning opportunities throughout the legal curriculum." Legal Ethics. 12 (1), pp. 59-76.