Academic literature on the topic 'Non-lawyers'

Purpose of the study: The purpose of the study is to define and analyse the lawyers' movement in Pakistan remains an active social movement from 2007 to 2009. Methodology: Qualitative research approach is the utmost appropriate approach to explore the resources mobilization process, in the lawyers’ movement in Pakistan. To achieve deeper insights into the actions, perceptions, and experiences of the respondents in the lawyers' movement of Pakistan, almost 20 open-ended interviews were taken in-depth and mostly face-to-face interviews. Give one more line of info about methodology. Main Findings: The lawyers' movement emerged in March 2007 in reaction to the unconstitutional dismissal of Chief Justice (CJ) of Supreme Court Pakistan by former General Pervez Musharraf. The lawyers' movement was the ultimate result of judicial-executive contention in Pakistan. Applications of the Study: This paper will offer analyses of the lawyers' movement in the context of a social movement from a non-western country like Pakistan. This paper seeks to examine the lawyers’ movement (2007–2009) to explore the resource mobilization in the lawyers' movement in Pakistan. Novelty/Originality of this study: The resource mobilization theory (RMT) has been utilized as the theoretical framework with the acumen of qualitative approach for this investigation in the non-western setting.

Family law is evolving towards non-adversarial dispute resolution processes. As a result, some family lawyers are representing clients who are trying to reach settlements that recognize their interests, instead of just pursuing their legal rights. By responding to the full spectrum of client needs, lawyers are required to behave differently than they do when they are representing a client in a traditional civil litigation file. They consider the emotional and financial consequences of relationship breakdown – things that are not typically within the purview of the family law lawyer. They objectively reality check with their clients, and they approach interest-based negotiations in a client-centric way. These lawyers view their role as that of a non-adversarial advocate, and their clients as whole people with interests that are not just legal. This paper draws on an empirical study involving focus groups with family law lawyers, to argue that the Federation of Law Societies of Canada’sModel Code of Professional Conductneeds to be updated to incorporate non-adversarial advocacy. The lawyers in the study viewed non-adversarial advocacy as being responsive to client needs, and in the interest of clients’ children. This paper draws from the study to establish what constitutes non-adversarial advocacy and then it presents a proposal for revising Rule 5 (Advocacy) of the Model Code.

AbstractPurposeThis article is part of an ongoing body of investigation examining the experiences of lawyers with diverse and multiple minority identities, with particular focus on lawyers with disabilities; lawyers who identify as lesbian, gay, bisexual, transgender, and queer (“LGBTQ+” as an overarching term); and lawyers with minority identities associated with race and ethnicity, gender, and age. The focus of this article is on discrimination and bias in their workplaces as reported by the lawyers experiencing it.MethodsWe employ survey data from the first phase of this investigation, gathered from the survey responses of 3590 lawyers located across all states in the United States and working in most types and sizes of legal venues. The data were collected between 2018 and 2019, before the 2020 pandemic. We estimate differences across three categories of discrimination reported—subtle-only discrimination, overt-only discrimination, and both subtle and overt discrimination. We estimate the nature and magnitude of associations among individual and organizational variables, and we use multinomial logistic regression to illustrate relative risks of reports of discrimination for intersecting identities.ResultsAs compared to non-disabled lawyers, lawyers with disabilities show a higher likelihood of reporting both subtle and overt discrimination versus no discrimination. Similarly, lawyers who identify as lesbian, gay, bisexual, and queer (“LGBQ”) show a higher likelihood of reporting both subtle and overtdiscrimination, and subtle-only discrimination, as compared to lawyers who identify as straight/heterosexual. Women lawyers and lawyers of color are more likely to report all three types of discrimination. In general, younger lawyers are more likely to report subtle-only discrimination when compared to older lawyers. Lawyers working at a private firm are less likely to report all types of discrimination, while working for a larger organization is associated with a higher relative risk of reporting subtle-only discrimination versus no discrimination.ConclusionsThe current study represents a next, incremental step for better understanding non-monochromatic and intersectional aspects of individual identity in the legal profession. The findings illustrate that primary individual and multiple minority identities, as identified by disability, sexual orientation, gender, race/ethnicity, and age, are associated with reports of discrimination and bias in the legal workplace.

中國自一九七八年以來一直致力於法制現代化建設，但至今仍未能建立一個具有高度凝聚力和獨立性的法律共同體，國家與法律職業之間的關係依然緊張。職業主義並沒有隨著過去三十年的法律發展而成為改革的核心。在這種背景下，非職業化法律服務制度在中國的發展無疑值得進一步的關注與研究。
本文將分析國家在職業化與非職業化機制中所扮演的角色。在全面評估非職業化法律服務發展概況的基礎上，分析的焦點將放在基層法律工作者和非政府組織雇員這兩類重要的非職業化服務團體上。本文也將通過實證研究與比較研究的方法對這兩種類型的非專業人士進行深入的探討。
本文通過以上視角得出若干重要的啟示。第一， 非職業化法律制度的發展主要服務於國家控制的目標。第二，非職業化法律服務團體的生存與發展必須建立在滿足特定國家機構利益的前提上。第三，在本文所觀察的樣本中，非政府組織雇員比基層法律工作者更有效率。總體而言，國家在職業化和非職業化機制的形成與運作中都發揮了決定性的作用。
Since 1978 China has been committed to modernizing its legal system, yet a cohesive and independent community of legal personnel is far from established and the tension between the state and the legal community remains high. Despite three decades of legal development, China has not truly made professionalism central to its reform agenda. Among many others, one noteworthy but understudied aspect is the widespread use of non-lawyers in the legal services system.
This dissertation aims to examine the role of the state in the making of professional and non-professional mechanisms in China. In addition to a holistic evaluation of non-professional legal services, the dissertation includes empirical studies and comparative analyses of the two most important groups of non-lawyers the government-sponsored basic-level legal workers and the non-lawyer staff of non-governmental organizations.
These perspectives reveal a number of important facts. First, the development of non-professional legal institutions mainly serves the purpose of state control. Second, non-professional groups are able to survive only by satisfying the bureaucratic interests of specific state agencies. Third, the staff of non-governmental organizations observed in this study appeared to perform more effectively than basic-level legal workers. Overall, the dissertation argues that the state dictates the formation and operation of both professional and non-professional mechanisms in China.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Pan, Xuanming.
"December 2012."
Thesis (Ph.D.)--Chinese University of Hong Kong, 2013.
Includes bibliographical references.
Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web.
Abstract and appendix 1 also in Chinese.
List of thesis entitled --- p.vi
List of Figures and Tables --- p.vii
INTRODUCTION --- p.1
Structure --- p.3
Literature Review --- p.5
Chapter CHAPTER 1 --- LAWYERS, NON-LAWYERS AND THE CHINESE STATE: HISTORICAL BACKGROUND --- p.16
Chapter 1.1 --- Litigation Masters: the Legal Occupation in Imperial China --- p.16
Chapter 1.2 --- The Short-Lived Professionalization during the Republican Era --- p.18
Chapter 1.3 --- The Communist Revolution Discontinuing Professionalization --- p.21
Chapter 1.4 --- Political Turmoil (1957 - 1977) Destroying the Whole Legal System --- p.26
Chapter 1.5 --- Restoration of the Legal System and Renaissance of the Legal Profession --- p.33
Chapter 1.6 --- Conclusion --- p.40
Chapter CHAPTER 2 --- NON-PROFESSIONAL DISPUTE RESOLUTION: THE CASE OF NON-LAWYERS’ MEDIATION --- p.42
Chapter 2.1 --- Non-lawyers’ Mediation in Imperial China --- p.42
Chapter 2.2 --- Non-lawyers’ Mediation as a Way of Communist State Building --- p.48
Chapter 2.3 --- Judicial Professionalization and the Decline of Mediation --- p.57
Chapter 2.4 --- A Growing Need of Social Control and the Re-emphasis on Mediation --- p.59
Chapter 2.5 --- Conclusion --- p.64
Chapter CHAPTER 3 --- NON-PROFESSIONAL LEGAL REPRESENTATION: THE CASE OF NON-LAWYER REPRESENTATIVES --- p.65
Chapter 3.1 --- The Role of Non-lawyers in Civil Justice: Comparative Perspectives --- p.65
Chapter 3.2 --- The Origins of Non-lawyer Representatives in China --- p.67
Chapter 3.3 --- Authorizing Non-lawyer Representatives in the Civil Procedure Law --- p.70
Chapter 3.4 --- Uneven Development, Regional Disparities and the Vagueness of Central Laws --- p.76
Chapter 3.5 --- Regulating Non-lawyer Representatives at the Local Level --- p.85
Chapter 3.6 --- Conclusion --- p.91
Chapter CHAPTER 4 --- GOVERNMENTAL NON-LAWYERS: THE CASE OF BASIC-LEVEL LEGAL WORKERS --- p.93
Chapter 4.1 --- The Origins and Development of the BLW System --- p.93
Chapter 4.2 --- The BLW System as an Exceptionally Authorized Group of Non-lawyers --- p.98
Chapter 4.3 --- The Ministerial Policies vs. the Law on Lawyers --- p.103
Chapter 4.4 --- The Growing Need of Legalization for the BLW System --- p.107
Chapter 4.5 --- The Failure of Legalization and Continued Local Support for the BLW System --- p.111
Chapter 4.6 --- Conclusion --- p.115
Chapter CHAPTER 5 --- NON-GOVERNMENTAL NON-LAWYERS: THE CASE OF NGO NON-LAWYERS --- p.118
Chapter 5.1 --- The Development of Non-Governmental Organizations in China: an Overview --- p.118
Chapter 5.2 --- Beyond the Official Perspective: Typology of Chinese NGOs --- p.122
Chapter 5.3 --- A Case Study of Grassroots Labor NGOs in the Pearl River Delta --- p.125
Chapter 5.4 --- A Further Examination of the Policy Environment and Survival Strategies of Labor NGOs in the Pearl River Delta --- p.133
Chapter 5.5 --- Conclusion --- p.141
Chapter CHAPTER 6 --- REPORT UPON FINDINGS OF THE FIELDWORK CONDUCTED WITH BASIC-LEVEL LEGAL WORKERS --- p.143
Chapter 6.1 --- Focus of the Fieldwork and Account of the Methodology --- p.143
Chapter 6.2 --- The Affiliation with the Local Government --- p.152
Chapter 6.3 --- Human Resources --- p.156
Chapter 6.4 --- Finances --- p.161
Chapter 6.5 --- Duties and Work of the Basic-level Legal Workers --- p.165
Chapter 6.6 --- Conclusion --- p.173
Chapter CHAPTER 7 --- REPORT UPON FINDINDS OF THE FIELDWORK CONDUCTED WITH NGO NON-LAWYERS --- p.175
Chapter 7.1 --- The Role of NGO Non-lawyers in the Legal Aid System --- p.175
Chapter 7.2 --- Focus of the Fieldwork and Account of the Methodology --- p.178
Chapter 7.3 --- Human Resources --- p.184
Chapter 7.4 --- Financial Resources --- p.190
Chapter 7.5 --- Services Available from the NGO Non-lawyers --- p.193
Chapter 7.6 --- Conclusion --- p.212
Chapter CONCLUSION --- p.214
Chapter APPENDIX 1 --- THE INTERVIEW SCHEDULE FOR BASIC-LEVEL LEGAL WORKERS (ORIGINAL VERSION) --- p.219
Chapter APPENDIX 2 --- A NOTE ON FIELDWORK LOCATIONS AND THE DEFINITION OF A CITY IN CHINA --- p.235
Chapter APPENDIX 3 --- A NOTE ON LEGAL RULES CITED IN THIS DISSERTATION --- p.239
BIBLIOGRAPHY --- p.245

The topic of this thesis focuses on various legal professions within the Czech Republic, such as attorneys, notaries, bailiffs and judges. These occupations are often associated with civil judiciary process. The purpose of this thesis is to define the foundations of their legal status, including the scope of their activities, and how they differ. Additionally, the thesis focuses on the role of individual professions. Firstly, important elements, such as confidentiality, independence, autonomy or responsibility will be analyzed. Secondly, the thesis will address significant problems in defining the role of the legal profession. Finally, the thesis will include several challenges lawyers face in the 21st century, for example, the provision of legal services by non-professionals. Powered by TCPDF (www.tcpdf.org)

In third-party litigation funding agreements, funders agree to finance a litigant’s litigation on condition that the funder will deduct a specified percentage from the capital awarded to the litigant in the event of success. In contingency fee agreements, such funding is provided by lawyers. Initially both these agreements were illegal in South Africa and England, but as civil courts became able to counter corruption and abuse – and with the recognition of the need to give more litigants access to justice – both were recognised as legal. Third-party litigation funding agreements by non-lawyers are unregulated in most jurisdictions. As the voluntary self-regulation in England is unsatisfactory, mandatory statutory regulation should be introduced in South Africa. The Contingency Fees Act 66 of 1997 caps the fee to 25% on the capital amount in South Africa. Since no such cap exists in Ontario (Canada), the cap of 25% in South Africa should be revised.
Eka Mintwanano yo nyika nseketelo wa mali eka nandzu wa thedi phati, vanyiki va mali va pfumela ku hakela mali ya nandzu wa mumangali hi xipimelo xa leswaku munyiki wa mali u ta susa phesenteji leyi kombisiweke ku suka eka mali leyi nyikiweke mumangali loko a humelela. Eka mintwanano ya tihakelo ta vukorhokeri, nseketelo walowo wa mali wu nyikiwa hi maloyara. Ekusunguleni mintwanano leyi hinkwayo a yi nga ri enawini eAfrika Dzonga na le England, kambe tanihi leswi tikhoto ta mfumo ti koteke ku kokela etlhelo eka timhaka ta vukungundzwana na nxaniso- na ku anakanyiwa ka xilaveko xo nyika vamangali votala mfikelelo wa vululami- hinkwayo yi anakanyiwile tanihi leyi nga enawini. Mintwanano yo nyika nseketelo wa mali eka nandzu wa thedi phati hi vanhu lava nga riki maloyara a yi lawuriwi eka vuavanyisi byotala. Tanihileswi vutilawuri byo tinyiketa eEngland byi nga riki kahle, mafambiselo ya nawu lama lavekaka ya fanele ya tivisiwa eAfrika Dzonga. Nawu wa Tihakelo ta Vukorhokeri wa 66 wa 1997 wu veka mpimo wa hakelo eka 25% eka xiphemu xa tsengo wa mali eAfrika Dzonga. Ku sukela loko ku ri hava mpimo lowu nga kona eOntario (Canada), mpimo wa 25% eAfrika Dzonga wu fanele wu langutisiwa hi vuntshwa.
Kha thendelano dza ndambedzo dza mbilo ine ya itelwa muthu, vhabadeli vho tenda u badela mbilo ya muthu o no khou itelwa mbilo tenda mubadeli a tshi ḓo ṱusa phesenthe yo tiwaho kha tshelede yo avhelwaho muthu ane a khou itelwa mbilo arali a kunda. Kha thendelano dza mbadelo dzine dza badelwa musi ramilayo o no kunda kha mulandu, mbadelo idzo dzi ṋetshedzwa nga vhoramilayo. Mathomoni thendelano idzi vhuvhili hadzo dzo vha dzi siho mulayoni Afurika Tshipembe na England, fhedzi musi khothe dza mbilo dzi tshi vho thoma u hanedzana na tshanḓanguvhoni na u tambudzwa - na u dzhiela nṱha ṱhoḓea ya u ṋea vhathu vhane vha khou itelwa mbilo u swikelela vhulamukanyi –vhuvhili hadzo dzo dzhiwa sa dzi re mulayoni. Thendelano dza ndambedzo dza mbilo ine muthu a itelwa nga vhathu vhane vha sa vhe vhoramilayo a i langulwi kha vhulamukanyi vhunzhi. Samusi u langulwa ha ndaulo nga iwe muṋe hu ha u tou funa ngei England a zwi ṱanganedzwi, ndaulo ya khombekhombe ya mulayo i fanela u ḓivhadzwa Afurika Tshipembe. Mulayo wa Mbadelo dzine dza badelwa Ramilayo musi o kunda wa nomboro 66 wa 1997 mutengo wawo u guma kha 25% mutengo wa tshelede Afurika Tshipembe. Samusi tshikalo itsho tshi sa wanali ngei Ontario (Canada), tshikalo itsho tsha 25% Afurika Tshipembe tshi fanela u sedzuluswa hafhu.
Private Law
LL. M.

In 2009, the Fundamental Rights Enforcement Procedure (FREP) Rules of 1979 was revised to ease the cumbersome process encountered by applicants/lawyers in advocating for the enforcement of fundamental human rights in court. Despite this, human rights lawyers still encounter several challenges when representing applicants for the enforcement of fundamental human rights in court. This chapter examines these challenges and adopts primary research method. Data were gathered from human rights lawyers via video conferencing platforms: Skype and Zoom. Findings reveal that issues of procedural rules of court and disrespect for court orders are some of the challenges encountered by human rights lawyers. The chapter recommends that judges should avoid placing unnecessary emphasis on the procedural rules of court. In addition, human rights lawyers and non-governmental organizations (NGOs) should maintain continuous advocacy for the enforcement of fundamental human rights towards holding government and its agencies more accountable for disrespect of court orders.

This chapter describes a pioneering effort: an academic-practitioner partnership between the Office of Chief Counsel of the US Federal Emergency Management Agency (FEMA) and a multidisciplinary team of university-based experts to develop usable, trainable knowledge and skills designed to improve the ability and performance of government lawyers under highly challenging conditions. The methodology and results—training designs and good practice models—of the FEMA Legal Advice in Crisis project are summarized. Furthermore, the chapter addresses the question of whether challenges and good practices for crisis lawyering identified through empirical research focusing on US government leaders and lawyers are unique to the United States or whether they also apply to a significant extent to other highly developed countries as well such as Sweden. The results of an ongoing parallel initiative linking the Swedish Civil Contingencies Agency (MSB), the Swedish Defense University, and a growing network of government lawyers serving both Swedish central government agencies and county boards demonstrate the potential relevance of “localized” versions of the Legal Advice in Crisis framework and instructional design in non-US settings as well.

The chapter compares the liberal beliefs and sensibilities informing the question of the rise or decline of international law with the liberalism found in the way in which the concept of non-state actors has been conceptualized, theorized, and used in international legal thought and practice. It shows that the question of whether non-state actors strengthen or weaken international law prejudges its very answer and supports an image of international law on the rise. In doing so, the discussion simultaneously shows that liberal discourses are organized around liberal symbioses that are necessary to preserve international lawyers’ confidence in the ability of international law to intervene in the problems of the world.

This chapter traces the developments in Scots law from 1600 to 1830. The mindset of Scottish lawyers changed significantly over the course of the eighteenth century. In 1700, Scots law was best understood as representative of the usus modernus Pandectarum; there had developed in the seventeenth century, out of the older view of the ius proprium and the ius commune a Roman-Scots law, in which the ius civile was progressively integrated with Scottish material, all justified and rationalised by the ius naturale and the ius gentium. By 1800, however, the view that ‘the Civil Law was our Common Law’ seemed quite outdated. While well into the eighteenth century the term ‘common law’ had meant the Romano-Canonical ius commune, now it was used, rather in the fashion of England, in opposition to statute law: the lex non scripta as distinct from the lex scripta.

Although it is not a defining purpose of online courts to exclude lawyers from the process of litigating, they are generally conceived as a service that can be used without formal legal representation. If we are to introduce an affordable public online dispute resolution system, it makes sense to relieve parties of the expense of lawyers. However, if lawyers are not advising, how can litigants set out their stalls and make their legal arguments on their own? In Chapter 11, I discuss tools and methods to help lay people organize and classify their cases (turning a grievance into a justiciable problem) and to analyse and reason (coming to a legal view). I turn now to another self-help task that lay people must take on as users of online courts, that of arguing and persuading—presenting a case to a judge on Tier 3 (and conceivably, in a less formal way, to case officers on Tier 2). Of all the challenges that arise in the design and development of the first generation of online courts, here is perhaps the most forbidding. How can non-lawyers with no legal experience be expected to argue and persuade when barristers spend a lifetime mastering this skill?

For many lawyers and non-lawyers alike environmental law is, and should be, about justice. The socio-political complexity of environmental problems means, however, that justice in the environmental law context is not a single ideal. It is many ways of forging meaning that cross and intersect the landscape of environmental law. ‘The many forms of environmental justice’ first considers the environmental rule of law, which has been aided by the creation of courts and tribunals with the expertise to hear and adjudicate environmental law disputes. It then discusses environmental democracy and the creation and enforcement of legal rights, followed by new ideas, including Earth jurisprudence and wild law, and indigenous concepts of environmental protection.

The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.

The article actualizes the question of the quality of legal education in modern Russia, its relationship with the security of society and the state. Unlike the Russian Empire and the USSR, the quality of legal education in the Russian Federation is low. Three main problems of poor quality of education were noted: 1) to obtain a unified master's legal education without a basic bachelor's legal education, that is, people who do not have a first level are admitted to the second level of education; 2) a large number of non-core universities and non-state educational institutions that train lawyers in the absence of the required number of qualified teaching staff: 3) paid education in the specialties on which the life and destiny of a person depends, first of all, medicine and jurisprudence. The author also opposes the practice of providing certificates of non-conviction from the bodies of the Ministry of Internal Affairs. The prohibition to engage in any activity can be fixed only in the law and only by a court decision.

This report sheds light on challenges faced by Transgender persons in Indian prisons. The report analyses the international and legal frameworks in the country which provide the foundation for policy formulations with regard to confinement of LGBT+ persons, with particular reference to the Transgender community. This report also documents the responses received to right to information requests filed to prison headquarters across the country, which in addition to providing the number of Transgender prisoners in Indian prisons between 1st May 2018 to 30th April 2019, also provides relevant information on compliance within prisons with existing legal frameworks relevant to protecting the rights of Transgender persons in prisons, especially in terms of recognition of a third gender, allocation of wards, search procedures, efforts towards capacity building of prison administrators etc. The finalisation of this report has involved an intense consultative process with individuals and experts, including representatives from the community, community-based organisations as well as researcher and academicians working on this issue. This report aims to enhance the understanding of these issues among stakeholders such as prison administrators, judicial officers, lawyers, legal service providers as well as other non-state actors. It is aimed at better informed policy making, and ensuring that decisions made with respect to LGBTI+ persons in prisons recognize and are sensitive of their rights and special needs.