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Articles 1 - 17 of 17
Full-Text Articles in Law
Addressing The Needs Of Self-Represented Litigants In The Canadian Justice System, Trevor C. W. Farrow, Diana Lowe, Martha E. Simmons, Bradley Albrecht, Heather Manweiller
Addressing The Needs Of Self-Represented Litigants In The Canadian Justice System, Trevor C. W. Farrow, Diana Lowe, Martha E. Simmons, Bradley Albrecht, Heather Manweiller
Trevor C. W. Farrow
How can the Canadian justice system better assist self-represented litigants (SRLs) with their legal needs? There is a service gap that exists in the Canadian justice system between what SRLs need and what is currently being provided. The system needs to better address how SRLs understand, avoid, manage and resolve their legal issues. While the entire justice system has a role to play in understanding and addressing this question, courts and court administrators in particular have a central role to play. Some important efforts have begun to address the needs of SRLs. However, major challenges persist in providing adequate court …
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Trevor C. W. Farrow
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …
Addressing Access To Justice Through New Legal Service Providers: Opportunities And Challenges, Alice Woolley, Trevor C. W. Farrow
Addressing Access To Justice Through New Legal Service Providers: Opportunities And Challenges, Alice Woolley, Trevor C. W. Farrow
Trevor C. W. Farrow
Most informed observers of the Canadian and American legal systems accept the existence of a significant crisis in access to justice. One possible solution is to permit paralegals, notaries or other licensed individuals with training more limited than that enjoyed by a licensed attorney to practice in certain areas of law. This paper supports these developments, arguing for a regulated and incremental introduction of new legal service providers into the legal services market. It considers the appropriate training and scope of practice for new legal service providers, and some of the associated opportunities and challenges.
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
Canadian Civil Justice: Relief In Small And Simple Matters In An Age Of Efficiency, Jonathan Silver, Trevor C. W. Farrow
Canadian Civil Justice: Relief In Small And Simple Matters In An Age Of Efficiency, Jonathan Silver, Trevor C. W. Farrow
Trevor C. W. Farrow
Canada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in place across Canada to address this growing access to justice gap. In particular, this article explains the Canadian civil justice system and canvasses the procedures and programmes in place to make the justice system more efficient and improve access to justice in small and simple matters. Although this article does look briefly …
Privatizing Our Public Civil Justice System, Trevor C. W. Farrow
Privatizing Our Public Civil Justice System, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Trevor C. W. Farrow
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …
Security And Rights, Trevor C. W. Farrow
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Trevor C. W. Farrow
This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.
Re-Framing The Sharia Arbitration Debate, Trevor C. W. Farrow
Re-Framing The Sharia Arbitration Debate, Trevor C. W. Farrow
Trevor C. W. Farrow
This article is a response to Mr. McGuinty regarding his response to religious arbitration in the province of Ontario. First, the issue is not about simply prohibiting religious tribunals. Second, it is not only an Ontario issue. Third, it is not necessarily even a Sharia (or religion) issue. This article focuses on these three problems.
Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow
Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow
Trevor C. W. Farrow
This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes), (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance, and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.
Globalizing Approaches To Legal Education And Training: Canada To Japan, Trevor C. W. Farrow
Globalizing Approaches To Legal Education And Training: Canada To Japan, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Trevor C. W. Farrow
The pressures and opportunities of globalization have dramatically changed the nature of legal practice. How and why we practice law? For whom and whose benefit? In what contexts? And on what terms? The answers to these questions are continuously changing as a result of current global trends. The communities served by lawyers, the practice contexts in which they work and the issues that they face are increasingly diverse, complex, transnational and global in character. All of these challenges demand new competencies and raise a host of new issues about ethics and professionalism. As a threshold matter, more and more lawyers …
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Trevor C. W. Farrow
Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …
An Introduction To Representative Negotiation, Trevor C. W. Farrow
An Introduction To Representative Negotiation, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
Dispute Resolution And Legal Education: A Bibliography, Trevor C. W. Farrow
Dispute Resolution And Legal Education: A Bibliography, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.