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Old 05-24-2017, 02:35 PM
OrleansLawyer OrleansLawyer is offline
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If you use the medical analogy, you dont go see a nurse practitioner for brain surgery. Ditto with the band aid for a bullet hole. Things like paralegals used for family law cases could be beneficial to support a litigant who cannot self rep but have a simple case.
The question becomes, how do you know if you have a simple case? Similar issues can be more or less complicated depending on the facts.

Create a off-shoot of court where family law cases are streamlined and where the participants must first go through mediation.
The current system was created to do this. Everyone attends a case conference to ensure disclosure is exchanged in a timely fashion, after which a judge conducts a settlement conference to attempt to settle the case. Only then can they go to trial.

I appreciate Orleanslawyers comment about paralegals/monkeys, I do agree that they are not the solution.
For clarity - I do not intend to call paralegals monkeys. Only that some legal work is very simple, while other work is very complicated.

Edit: The original comment was in response to a statement about taking a paralegal course then representing people because it is easy. That is like saying you have seen a simple car repair, so take a mechanic's course and do it for everyone. There is a big difference between a monkey job (for example, pump the tires and fill up with wiper fluid) and a more complicated one (repairs after an accident).

If a self represented party can defeat an experienced lawyer not a doubt in my mind that a paralegal could as well
It is the facts that drive the case. A great lawyer cannot win a case with losing facts, and a bad lawyer cannot (or should not be able to) lose a case with winning facts.

What a lawyer is supposed to do is present the case competently to allow the judge to make a decision if settlement cannot be reached. If the facts are known, the result should be known in most cases, and therefore two competent lawyers should be able to settle every case with very few exceptions.

Last edited by OrleansLawyer; 05-24-2017 at 02:38 PM. Reason: clarification
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